Agreement on Processing of Digital Messages (Digital Orders)
By accepting the present offer, you, hereinafter the "Bearer" and Forwint Solutions Ltd., the company performing processing services of the PAYMER system, hereinafter the "Operator", enter into the Agreement for the following:
Order is a digital bearer order 100% backed by assets of the agreed type (equal to the order amount) and transferred to the Operator until
its partial or complete redemption. The Order is a unique digital code. The presentment of Order to the Operator through the System implies the Issuer's request to pay the assests backing the Order to the Bearer in accordance with Rules (section 3.2, 3.4);
Operator is the holder of assets backing issued Orders;
Circulation of Orders is their transfer to any third party ready to accept them as payment means by any means of communication, including those provided by the Operator.
Change/Split of Orders is the process of changing/splitting the Orders allowing the Bearer to create a new digital Order (Orders) by use of technical means provided by the Operator.
Bearer is any individual that was the first to present a digital Order to the Operator in order to split/change/redeem it with the help of the Operator's hard and software.
2. Subject Matter
2.1 The Operator shall render services to you as Bearer on grant basis. The Operator provides the Bearer with access to its hard and software complex allowing to verify, split and change details of unique digital Orders or redeem them by transferring the assets to accounts in chosen payment systems.
2.2 The Operator shall render the processing services on grant basis.
2.3 The parties shall agree that the Bearer - any individual concluding an Agreement with the Operator and being the first to present this digital Order to the System - is deemed a possessor of Orders in circulation.
3. Rights and Responsibilities
3.1 The Bear can:
- verify the Order's amount by its number;
- change or redeem his Orders;
- put his Orders in circulation in any suitable way, in particular, by transmitting them via the Internet, SMS, email, by phone or fax, etc.
3.2 The Bearer is obliged to:
- strictly follow the Rules (Rules). The violation of, or the refusal to follow, the Rules is considered the violation of the relevant conditions of the present Agreement and entails the termination of the Agreement.
3.3 The System is obliged to:
- keep all the information required to use Orders confidential;
- provide the Bearer or any third party concluding analogous Agreement with the access to the special interface via the Internet.
3.4 The System can:
- change the Rules and publish them on the website. Revised rules take effect when published on the website.
- suspend or deny the verification/change/redemption of the Order presented by the Bearer in accordance to a court decision or request from legally competent state power authorities.
4.1 The Bearer is liable for Order's safety and circulation.
4.2 The Bearer is solely responsible for the use of his Order, including the responsibility and penalties for any illegal actions violating laws of the country the Bearer's residence.
4.3 The Bearer is responsible for provision of false information in the agreements signed by him.
4.4 The Bearer never use a Paymer's number and code that he is not authorized to use.
4.5 The Operator is not responsible for the loss of an Order caused by:
4.6 The Operator can disclaim liabilities under this Agreement if the Bearer falsifies information and/or enters any inaccurate, incomplete or knowingly false details in the Agreement.
- any malfunctions of computer equipment or communication means used by the Bearer;
- imperfection of the means of transmission used by either the Bearer or his counteragents;
- message wiretapping;
- loss of information, necessary to use Orders, caused by actions of the Bearer or any third party
5. Special Conditions
5.1 The present agreement is considered concluded after its on the PAYMER website.
5.2 The Agreement is automatically dated by the real moment of its acceptance.
5.3 The Agreement is considered preliminary until the Bearer makes any operations described in the Rules.
5.4 The parties agree to acknowledge all the documents used in the PAYMER system in the electronic form, including this agreement, as valid and legally equivalent to corresponding documents in writing.
5.5 The representative of the Operator is obliged to make a paper copy of the present Agreement on Bearer's demand as soon as the latter presents a valid document confirming his identity in accordance with applicable laws of the country of his residence and signs a paper copy of the Agreement.
6. Termination and Arbitration
6.1 The Agreement takes effect when accepted by the Bearer with consideration of sections 6.1, 6.2 and 6.3 and is terminated upon the execution.
6.2 Legal relations that are not regulated by this Agreement and the Rules but that are directly connected with its execution are subject to applicable international laws.
6.3 Any dispute arising between the parties in relation to this agreement shall be settled in court in accordance with applicable international laws.