Framework agreement for the provision of payment services
and conditions of maintaining a payment account
Hereinafter referred to as «Agreement» or «this Agreement» or «Framework Agreement»,
concluded between the below mentioned parties (hereinafter rererred to as «Parties» as
per § 74 odst. 2 law No.. 284/2009 Sb. a §§ 1841, 2669 zák. č. 89/2012 Sb.:
Smart Payment Solutions a.s., Identification No.: 04683811, Legal address: Opletalova
1603/57, Nové Město, 110 00 Praha 1, registered at the commercial register kept in
Prague Municipal court section B, insert 21269, (hereinafter referred to as „the
‘YOU’ who is a natural person(s) of 18 years or over, a legal entity or professional
organisation or other person who has either completed, signed and delivered
electronically to the Provider the Registration Form and agreed to the terms and
conditions of this Agreement electronically or by signing and sending a copy of this
Agreement by post to the Provider to enable the Provider to provide a service as set out
herein (hereinafter referred to as „the Client“) via a GameMoney Customer Account.
I. Subject of the agreement
1.1. The Provider undertakes to provide Payment services (hereinafter referred to as
„Payment Services“ to the Client under this Agreement and the Client undertakes to
pay the Fee (hereinafter referred to as „Fee“) to the Provider).
1.2. Provision of Payment Services shall consist of execution of payment and
conversion operations, namely:
- - Transfer of funds;
- - Issuing and management of payment instruments and devices for accepting
1.3. Payment services shall be provided to the Client on the basis on its
instruction or order and after the terms of the specific Payment Service are agreed.
1.4. Placing an instruction or order by the Client and agreement upon the terms of
the specific Payment Service shall be executed by the Client online via secure
internet banking system (hereinafter referred to as „IB“), operated by the Provider
or via e-mail communication.
1.5. Placing an instruction or order by the Client and agreement upon the terms of
the specific Payment Service may also be executed by the Parties via phone.
1.6. In relation to and for the purpose of providing the Payment Services the
Provider shall maintain a Payment Account (hereinafter referred to as „Payment
Account“) for the Client.
2.1. Fee shall always be settled as per currently valid Price List of the Provider
(hereinafter referred to as „Price List“) that shall be available for the Client at
Provider’s Web pages.
III. Declaration of the client
3.1. The Client declares that
(a) before conclusion of the present Agreement it has acquainted in full
with the Information materials , the Price List and the draft of the present
Agreement, understood their content and agrees with this content
(b) the funds used within the frames of provision of Payment Services as per
the Agreement don‘t originate from criminal activity and that the purpose of
using the Payment Services is not an effort to legitimize any incom from
(c) the present Agreement is concluded in accordance with its registration
documents and internal rules regulating the process of decision-making and
legal activities for the Client;
3.2. Declaration of the Client according to p. 3.1. shall be considered repeated
each time when the terms of the specific Payment Service are negotiated and then
anytime throughout the duration of the provision of the Payment Service.
3.3. Shall any innacuracy or falsity of the declaration of the Client appear as per
p. 3.1. or any other provision in the Agreement, even partially, the Provider has
the right to deny execution of Payment Service, back out from the agreed Payment
Service or back out from the present Agreement.
IV. Declaration of the provider
4.1. The Provider obtains a permit to provide Payment Services duly granted by the
Czech national bank.
V. Other agreements
5.1. The Provider is entitled to refuse acceptance or execution of the Client’s
instruction or order without expaining the reason.
5.2. The Provider is not obliged to fulfill its obligations under the Agreement
towards the Client untill the Client fails to fulfill its obligations towards the
5.3. The Provider shall not be responsible neither for deductions for the purposes
of payment or ensurance of taxes nor for compliance with any tax obligations of the
5.4. The Provider shall not be responsible for any loss incurred by the Client in
the result of:
- (a) actions of the Provider according to p. 3.3.;
- (b) the wrong instruction or order of the Client;
- (c) disclosure, loss or theft of the access data to the IB;
- (d) disclosure, loss or theft of any other security agent, loss or theft of
a mobile phone or orther device, to which access data or codes are sent on
the side of the Client;
- (e) Client’s failure to execute the required payment transaction correctly
and on time, while the statutory requirements, terms of the Agreement and
terms of the agreed Payment Service were not met;
- (f) back out from the Agreement or delay in providing the Payment service,
which happened in accordance with legislation and the Agreement, especially
in case of deferred due date of the Payment Service;
- (g) inability to agree upon the terms of the specific Payment Service or
failure to provide Payment Service, or unavailability of IB due to the
reasons that are out of the Provider’s control, especially in case of market
failures, malfunctions, which the Client or any third party is responsible
for, short term and announced in advance malfunctions of IB, cyberattack or
VI. Personal data
6.1. In relation to performance of the Agreement the Provider shall collect and
process personal data of the Client and its employees, optionally further persons,
connected with the Clent. By signing this Agreement the Client confirms that it
agrees with such collection and processing of its personal data. In cases where
current legislation requires, the Client shall provide an approval for such
collection and processing of personal data of its employees or further persons
connected with the Client, in a scope, required by the law and provide this approval
to the Provider. Such an approval is valid and effective only for the duration of
the Agreement. Upon expiration of the Agreement the Provider shall dispose of the
relevant personal data, unless its stated differently by legislation or any
administrative or judical desicion assosiated with any of the Parties.
7.1. The Parties are obliged to maintain confidentiality over content and
performance of the Agreement and over all the circumstances they became aware of
relatively to the Agreement. For avoidance of missunderstanding disclosure of
information to the business representative or employee of the Provider shall not be
considered a breach of confidentiality. The obligation of confidentiality Povinnost
mlčenlivosti shall also apply after termination of the Agreement.
VIII. Duration of the agreement
8.1. The Agreement is concluded for an indefinite period.
IX. Cancellation, termination, ammendments of the agreement
9.1. The Client has the right to withdraw from the Agreement only within 14 days
from its conclusion without giving a reason.
9.2. The Client may also terminate the Agreement without giving a reason with a
notice period of 1 month. The notice period shall commence from the day following
the day of receipt of the written notice by the Provider.
9.3. The Provider may terminate the Agreement without giving a reason with a notice
period of 2 months. The notice period shall commence from the day following the day
of receipt of the written notice by the Client.
9.4. The Provider has the right to submit a proposal of ammendment of the Framework
agreement to the Client via IB or via e-mail . The Framework agreement shall be
considered accepted by the Client if:
a) the Provider proposed an ammendment of the Framework agreement not later
than 2 months prior to the day, when the ammendment shall come in force,
b) the Client has not rejected the proposal of amendment of the Framework
c) If the Client doesn’t agree with the ammendment of the Agreement, it has
the right to denounce it, provided that the notice period shall expire on
the date specified in p. 9.2.
X. Applicable law
10.1. The Agreement shall be governed by the legislation of the Czech Republic and
all the possible proceedings shall be carried out in the courts of the Czech
XI. Final provisions
11.1. Rights and obligations of the Parties not regulated by the Agreement shall be
governed primarily by the law No. 284/2009 Sb., the law No. 89/2012 Sb. And the law
No. 253/2008 Sb.
Send your questions to [email protected]. Smart Payment Solutions a.s., reg. number 046 83 811 © 2016 — 2019