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/Translated from Russian into English/
GENERAL TERMS AND CONDITIONS
OF YANDEX.MONEY SERVICE
(version 1.0. dated __________)
Table of Contents
1. GENERAL PROVISIONS 3
2. PROCEDURE OF ENTERING INTO THE CERTAIN TYPES OF CONTRACTS AND TECHNICAL INTEGRATING OF THE PARTIES 7
9. VERIFICATION OF TRANSFER DATA, DEPOSITS, AND RECEIVED CASH IN THE SERVICE YANDEX.MONEY 24
11. ACCEPTING FUNDS BY THE COUNTERPARTIES 27
12. LIABILITY OF THE PARTIES AND PROCEDURES FOR DISPUTE RESOLUTION 28
13. CONFIDENTIALITY 30
14. ALTERING AND TERMINATION OF THE CONTRACT 30
15. OTHER CONDITIONS 31
ANNEX 1 AGREEMENT ON ELECTRONIC DOCUMENT FLOW 34
ANNEX 2.1 PROTOCOL ON INFORMATION EXCANGE FOR DEPOSITIONS TO YANDEX.MONEY ACCOUNTS, MOBILE PHONE ACCOUNTS, STANDART ACCOUNTS AND BANK CARD ACCOUNTS 41
ANNEX 2.2 PROTOCOL ON INFORMATION EXCANGE “ANNEX “DEPOSIT AGENT” 61
ANNEX 2.3 PROTOCOL ON INFORMATION EXCANGE FOR THE TRANSFERS OF PAYMENTS: HTTP- AND E-MAIL- NOTIFICATION 62
ANNEX 3 PROTOCOL OF CANCELS AND REFUNDS 83
ANNEX 4.1 FORMAT OF THE RECEIVES FUNDS REGISTER 107
ANNEX 4.2 FORMAT OF THE RETURNED DEPOSITS REGISTER 112
ANNEX 4.3 FORMAT OF THE RETURNED TRANSFERS REGISTER 119
ANNEX 5.1 FORM OF THE ACT ON THE RENDERED SERVICES (FOR THE BANKS) 121
ANNEX 5.2 FORM OF THE ACT ON THE RENDERED SERVICES (FOR THE SENDERS) 122
ANNEX 5.3 FORM OF THE ACT ON THE RENDERED SERVICES (FOR THE MERCHANTS AND PROVIDERS) 123
ANNEX 5.4 FORM OF THE ACT ON THE RENDERED SERVICES (FOR THE MERCHANTS AND PROVIDERS) 125
ANNEX 5.5 FORM OF THE ACT ON THE RENDERED SERVICES (FOR THE CONTRACTORS) 127
ANNEX 6 FORM OF THE AGENT REPORT 128
ANNEX 7 FORM OF THE LIST OF LOCATIONS FOR RECEIVING CASH 130
ANNEX 8 LIST OF THE COUNTERPARTY’S DOCUMENTS 131
ANNEX 9 TABLE OF PAYMENT METHODS 132
ANNEX 10 FORM OF THE CONTRACT WITH AGENT 134
ANNEX 11.1 FORM OF THE CONTRACT WITH RESIDENT BANK 136
ANNEX 11.2 FORM OF THE CONTRACT WITH NON-RESIDENT BANK 138
ANNEX 12.1 FORM OF THE CONTRACT WITH RESIDENT SENDER 141
ANNEX 12.2 FORM OF THE CONTRACT WITH NON-RESIDENT SENDER 144
ANNEX 12.3 APPLICATION FORM FOR RESIDENT SENDERS, INDIVIDUAL ENTREPRENEURS 147
ANNEX 12.4 APPLICATION FORM FOR RESIDENT SENDERS, LEGAL ENTITIES 152
ANNEX 12.5 APPLICATION FORM FOR NON-RESIDENT SENDERS, LEGAL ENTITIES 162
ANNEX 12.6 APPLICATION FORM FOR NON-RESIDENT SENDERS, INDIVIDUAL ENTREPRENEURS 175
ANNEX 13.1 FORM OF THE CONTRACT FOR RESIDENT MERCHANTS 183
ANNEX 13.2 FORM OF THE CONTRACT FOR NON-RESIDENT MERCHANTS 185
ANNEX 13.3 APPLICATION FORM FOR RESIDENT MERCHANTS, INDIVIDUAL ENTREPRENEURS 189
ANNEX 13.4 APPLICATION FORM FOR RESIDENT MERCHANTS, LEGAL ENTITIES 194
ANNEX 13.5 APPLICATION FORM FOR NON-RESIDENT MERCHANTS, LEGAL ENTITIES 204
ANNEX 13.6 APPLICATION FORM FOR NON-RESIDENT MERCHANTS, INDIVIDUAL ENTREPRENEURS 218
ANNEX 14.1 FORM OF THE CONTRACT FOR RESIDENT PROVIDERS 225
ANNEX 14.2 FORM OF THE CONTRACT FOR NON-RESIDENT PROVIDERS 227
ANNEX 15.1 FORM OF THE CONTRACT FOR RESIDENT CONTRACTORS 231
ANNEX 15.2 FORM OF THE CONTRACT FOR NON-RESIDENT CONTRACTORS 234
1. GENERAL PROVISIONS
1.1. These general terms and conditions have been developed and approved by the limited liability company non-bank credit organization Yandex.Money (OGRN 1127711000031, TIN 7750005725, the license for banking operations no. 3510-K dated 27.03.2015), hereinafter referred to as the Operator, as the standard conditions of contracts entered into by Operator with legal entities and individual entrepreneurs in the course of interaction with the Yandex.Money Service.
1.2. In these General Terms and Conditions, the following terms are used in the following meanings:
Operator – the limited liability company non-bank credit organization Yandex.Money, with the address: 11 Timura Frunze, b. 44, Moscow holding the license of Bank of Russia no. 3510-K.
Operator’s Site – the websites located on the Internet at the following addresses: https://kassa.yandex.ru/, https://money.yandex.ru.
Yandex.Money Service – complex legal relationships that arise between Operator and the Clients, as well as between Operator and the Counterparties, related to providing the Clients with funds transfer services by orders of individuals, and Counterparties with accompanying informational and technological services by Operator.
General Terms and Conditions – these General Terms and Conditions of Yandex.Money Service.
Client – individual over the age of fourteen years entered into the contract with Operator on provision of funds transfer services without opening an account, including e-money.
Payer – individual, by whose order the Money transfer is performed. The Payer may be Operator’s Client or an individual who is not Operator’s Client.
Recipient – individual, corporation or individual entrepreneur, in whose favor the Money transfer is performed.
Money transfer – credit organizations’ procedures for providing the Recipient with the Payer’s funds under the applicable forms of non-cash payments.
Contractor – legal entity or individual entrepreneur, carrying out the promotion of informational and technological services of Operator under the Contract entered into.
Bank – the organization that is entitled to transfer the funds by orders of individuals in accordance with the effective local legislation, and that provides Operator with informational and technological services while performing Money transfer in favor of Operator, the Merchant, or the Provider (clients of the Provider or clients of the credit organizations that are partners of the Provider) under the Contract entered into with Operator.
Provider – the organization entitled to transfer the funds by orders of individuals in accordance with the effective local legislation, to which Operator provides informational and technological services when performing Money transfer in favor of the Provider, clients of the Provider, or clients of the credit organizations that are partners of the Provider, under the Contract entered into between Operator and the Provider.
Agent – the bank payment agent engaged by Operator for accepting cash from individuals, including via payment kiosks and ATMs, under the Contract entered into in accordance with these General Terms and Conditions.
Merchant – a corporation or individual entrepreneur to which Operator provides informational and technological services when performing Money transfer in favor of the Merchant under the Contract entered into in accordance with these General Terms and Conditions. These Money transfer are executed for the purposes of making a donation or paying for the Merchant Services or other objects of civil rights.
Sender – a corporation or individual entrepreneur to which Operator provides informational and technological services when making Deposits under the Contract entered into between Operator and the Sender.
Resident – a person recognized as a resident in accordance with the Russian legislation on currency regulation and currency control.
Non-resident – a person recognized as a non-resident of Russia in accordance with the Russian legislation on currency regulation and currency control.
Counterparty – any of the mentioned: Agent, Contractor, Bank, Provider, Merchant, or Sender.
Contract – any of contracts mentioned in clause 1.5. of the General Terms and Conditions. When using the term in relation to a particular Counterparty, “Contract” refers to the contract entered into under clause 1.5. of the General Terms and Conditions.
Parties – parties of the Contract.
Application – the Counterparty’s offer to enter into the Contract on the terms set forth in the Application and these General Terms and Conditions addressed to Operator.
Request – an electronic document that is not an offer containing information about the Counterparty wishing to enter into the Contract with Operator.
Services – the Merchant’s merchandise, intellectual property rights, works, and services.
Currency of the Obligation – a currency of the payments performed between Operator and the Counterparty under the monetary obligation arising from the Contract.
Currency of the Service – a currency that denominates the price of the Services and other objects of civil rights to be paid for.
Personal account – a computer program with an interface located and/or available on the Internet on the Operator’s Site and displayed by the program for viewing Internet sites (web browser).
IPS – international payment systems MasterCard Worldwide and Visa International.
Reporting day – a calendar day from 00 hours 00 minutes 00 seconds to 23 hours 59 minutes 59 seconds of Moscow Time.
Reporting month (Reporting period) – a calendar month counted from 00 hours 00 minutes 00 seconds of Moscow Time of the first calendar day of the month to 23 hours 59 minutes 59 seconds of Moscow Time of the last calendar day of the month.
Working day – a calendar day from 00 hours 00 minutes 00 seconds to 23 hours 59 minutes 59 seconds of Moscow Time excluding weekends and public holidays established by the legislation of the Russian Federation.
Deposit – Operator’s activity aimed at accounting of funds that the Sender provided in the Client’s favor in the form of remaining emoney balance and at its crediting to the Client’s electronic payment means served by Operator.
Order for money transfer of sum of Deposit – an order on further transfer of the Deposit amount sent to Operator by the Client using the Sender’s Internet website.
Security – an amount of money provided by the Counterparty to Operator as a mean to ensure the performance of the Counterparty’s obligations under the Contract. The Security can be used by Operator to satisfy the money requirements imposed on the Counterparty under the Contract.
Card – an IPS payment card used by a cardholder for operations with funds kept by the Issuer in accordance with Russian legislation and the Contract with the Issuer.
Authorization – a procedure of making request and then receiving consent of the Acquirer for executing the payment for the Services with the Card.
Issuer – a credit organization that issued the Card.
Acquirer – a credit organization settling accounts with Operator on transactions made with the Cards, under the Contract entered into with Operator.
Fraudulent Transaction – the Money transfer that the Card holder challenged, and/or that the Acquirer recognized as performed with fraudulent, stolen, or lost Card, and/or that was performed with the Card that IPS or the Issuer claimed fraudulent.
A statement of the Issuer, and/or IPS, and/or the Acquirer received by Operator via email or by fax is deemed sufficient confirmation of a transaction to be Fraudulent.
Invalid Transaction – the Money transfer made with the Card and claimed to be invalid according to the IPS rules or the Russian legislation on the following grounds inter alia:
- the Services paid for with the Money transfer are provided in breach of the Russian legislation
- the Counterparty has failed to provide the documents requested by Operator concerning the Invalid Transaction;
- the Services purchased by using the Card costs more than the similar Counterparty’s Services paid for in cash.
A statement filed by the Issuer, and/or IPS, and/or Acquirer and received by Operator via email or by fax shall be sufficient to recognize a transaction as Invalid.
Notification of Money transfer – confirmation to execute the Payer’s order for the Money transfer.
Payment Refund – one of the following Operator’s actions:
- full or partial refund of the amount of Money transfer to the Payer based on the Counterparty’s payment order (this procedure applies if the Counterparty has not implemented the Protocol of Cancels and Refunds);
- partial refund of the amount of Money transfer to the Payer at the date of sending the Notification of Money transfer to the Counterparty, and full or partial refund of the Money transfer amount at any time after the date of sending the Notification of Money transfer to the Counterparty based on the Counterparty’s order furnished via the Protocol of Cancels and Refunds (this procedure applies if the Counterparty has implemented the Protocol of Cancels and Refunds);
- full or partial refund of the amount of Money transfer to the Payer initiated by Operator and performed with the Counterparty’s consent. This refund is performed if there is an information that the Money transfer was performed without the Payer’s consent or resulted from the error of the Payer or a third party.
Payment Cancel – full return of the amount of Money transfer to the Payer by Operator no later than on the date of sending the Notification of Money transfer to the Counterparty according to the Counterparty’s order furnished via the Protocol of Cancels and Refunds. The Payment Cancel is only applied if the Counterparty implemented the Protocol of Cancels and Refunds.
Register – an electronic document that Operator sends daily to the Counterparties for reconciliation of the Yandex.Money Service’s data on the funds received or transferred by Operator as specified in clause 9 of the General Terms and Conditions.
Act on the rendered services – a document that certifies the services rendered under the Contract for the Reporting month.
Agent Report – a document containing information about the funds received by the Agent and the Agent’s fee under the Contract for the Reporting month.
SHC – Operator’s software and hardware complex for performing electronic document flow between Operator and the Counterparty.
Agreement on electronic document flow – a document regulating usage of electronic signatures when performing the Payment Refunds and Payment Cancels. This document is specified in annex 1 to the General Terms and Conditions.
Protocol of Information Exchange – a protocol of exchanging information about the Transfer, Deposit, and cash received by the Agent. Description of the Protocol of Information Exchange may vary depending on the type of the Counterparty and is contained in the annexes to these General Terms and Conditions.
Protocol of Cancels and Refunds – a protocol of information exchange between Operator and the Counterparty about the Payment Cancels and the Payment Refunds. This protocol is described in annex 3 to these General Terms and Conditions.
Table of payment methods – a document reviewed in annex 9 to the General Terms and Conditions containing information about the methods of the Money transfer provided by the Yandex.Money Service and about conditions to implement the Payment Cancel or the Payment Refund.
1.3. The Yandex.Money Service provides information and technological interaction between Operator and the Counterparties when performing the Money transfers.
The Money transfer can be carried out both with participation of Operator’s Client as the Payer and/or the Recipient and between the persons who are not Operator’s Clients for the cases when Operator acts as a paying agent for the Money transfer.
When Money transfers are performed within the Yandex.Money Service, the funds transfer services can be provided by the Bank, Provider and Operator. Possible Recipients of the Client: the Merchant, the Provider, the Provider’s clients, clients of the credit organization—the Provider’s partner, and Operator in the cases when the Money transfer is performed in order to increase the remaining e-money balance of Operator’s Clients.
Operator shall provide the Clients with the option of providing funds in favor of Operator without using a bank account (including by making payment to the Agent), with the use of a bank account, and at the expense of the funds provided by the Sender in favor of the Client.
The Payer, Recipient, and Counterparty (excepting the Agent) may be either Resident or Non-resident. Operator can engage only Residents as the Agents.
1.4. These General Terms and Conditions regulate relationships between Operator and the Counterparty under the Contract entered into by one of the methods set forth in clause 2 of the General Terms and Conditions.
1.5. Operator can enter into the following Contracts under the conditions set forth in these General Terms and Conditions:
1.5.1. The Merchant Payment and Processing Service Contract entered into with the Merchant having its subject as providing the Merchant with informational and technological services by Operator, including collecting, processing and transferring of information on the Money transfer in favor of the Merchant.
1.5.2. The Bank Payment and Processing Service Contract entered into with the Bank having its subject as providing Operator with informational and technological services by the Bank, including collecting, processing, and transferring of information on the Money transfer in favor of the Clients, Merchants, and/or Providers (their clients or clients of credit organizations that are partners of Providers).
1.5.3. The Provider Payment and Processing Service Contract entered into with the Provider having its subject as providing the Provider with informational and technological services by Operator including collecting, processing, and transferring of information on the Money transfer in favor of the Providers, its clients or clients of credit organization that are partners of the Provider.
1.5.4. The Contract on engaging bank payment agent entered into with the Agent having its subject as performing legal and other actions on accepting cash from individuals including via payment terminals and ATMs by the Agent acting as Operator’s bank payment agent on behalf of and at the expense of Operator.
1.5.5. The Sender Payment and Processing Service Contract entered into with the Sender having its subject as providing the Sender with informational and technological services by Operator including collecting, processing, and transferring of information about the Deposits made by Operator.
1.5.6. The Services Contract entered into with the Contractor having its subject as promoting Operator’s informational and technological services among the Merchants by the Contractor acting as per Operator’s order.
1.6. Obligations arising between individuals (the Payers or the Payments Recipients) on the one hand and the Counterparties on the other hand, pursuant to which the Money transfers/ Deposits are made, shall occur in the manner and on the grounds prescribed by law and (or) a contract between individual and the Counterparty and shall not be subject to regulation of the Contracts entered into in accordance with these General Terms and Conditions.
1.7. Operator has the right to demand information on the obligations set forth in clause 1.6. of these General Terms and Conditions from the Counterparty if such information is required by law on counteraction to legalization (laundering) of income obtained by criminal means and terrorism financing.
1.8. When entering into the Contract with Operator, the Counterparty guarantees that he or she and its agency (representative) bear the necessary legal capacity as well as all rights and powers necessary and sufficient for entering into and executing of the Contract in accordance with these General Terms and Conditions.
1.9. The current version of the General Terms and Conditions is published on the Operator’s Site at the address https://money.yandex.ru/doc.xml?id=527067.
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