1.1. This Current Account Agreement (hereinafter the Agreement) shall regulate the relationship of the legal entity specified in the Agreement (hereinafter the Customer) and the Public Limited Liability Company Mano Bankas, Company Reg. No. 112043081, registration address: S. Moniuškos g. 27, Vilnius (hereinafter the Bank) appearing when the Customer opens a current account (hereinafter the Account) with the Bank, deposits funds in the Account, uses the Account, disposes of the funds available in the Account and executes other operations in the Account.
1.2. The relationship of the Customer and the Bank appearing by reason of opening the Account, depositing funds and executing orders regarding the funds available in the Account shall also be regulated by the Civil Code of the Republic of Lithuania, other legal acts, the Conditions of Provision of Payment Services of the Bank, the Personal Data Processing Rules approved by the Bank and other documents regulating the execution of operations.
2.1. The Bank hereby agrees, according to the conditions and procedure prescribed by this Agreement:
2.1.1. To open a current account for the Customer for an unlimited term.
2.1.2. According to the procedure and terms prescribed by this Agreement, to execute the Customer's orders regarding the funds available in the Account and execute other banking operations permitted to the Bank, for which the rates of the Bank's services and operations as approved and published (on the Bank's internet website at www.mano.bank and the Bank's customer service centres) by the Bank shall be charged. The Bank shall not accept and shall not execute the Customer's orders to execute operations in the Account, if the funds available in the Account have been seized or the Customer's right to dispose of the funds available in the Account has been restricted in any other manner as well as when the operations executed by the Bank are suspended in cases and according to the procedure prescribed by legal acts.
2.1.3. To pay or transfer funds at the Customer's order within 2 (two) business days after the date the respective payment document or order is received.
2.1.4. At the Customer's request, to provide the Account statement within 5 (five) business days. Account statements with the specified information shall be provided based on the services and operations rates approved by the Bank.
2.1.5. To ensure the confidentiality of the Customer, the Account and all the operations relating to the Account, except in cases provided for by law. The Bank shall only provide information about the status of the Account and the operations related to the Account to the Customer or the Customer's authorised representative. Information about the Customer and the Account may only be provided to any other parties in the absence of the Customer's consent according to the procedure and in cases prescribed by law and/or this Agreement.
2.2. To pay for the balance of funds available in the Account the annual interest rate approved by the Bank and valid on the respective date, if the Parties agree on the payment of interest in the Special Part of this Agreement. The Bank shall be entitled to unilaterally adjust its services and operations rates according to the procedure prescribed by the Conditions of Provision of Payment Services.
3.1. Where the Parties agree on the payment of interest in the Special Part of this Agreement, interest shall be calculated on the actual amount available in the current account based on the actual number of days, while assuming that a year has 360 days and a month has the calendar number of days. Where the amount of funds available in the Account is smaller than the minimum account balance prescribed by the Bank, interest shall not be paid.
3.2. The accrued interest shall be paid to the Customer's Account at the end of each calendar month. Where the Customer withdraws all the funds from the Account or terminates this Agreement, interest shall be paid on the date the funds are withdrawn or the Agreement is terminated.
3.3. The balance of funds available in the Account shall not be increased by the amount of unpaid interest.
3.4. The Bank shall be entitled to adjust the interest rate on the funds available in the Account, the minimum amount of the Account balance on which interest is paid and the minimum amount of one-time supplementation of the Account in accordance with the procedure prescribed by the Conditions of Provision of Payment Services.
4.1. The Customer shall have the following rights:
4.1.1. To supplement the Account with an amount not smaller than the minimum one-time Account supplementation amount specified in the Special Part of the Agreement. Funds may be deposited to the Account by wire transfer or in cash; funds may also be deposited to the Account by any other legal entity or natural person;
4.1.2. To withdraw all or part of the funds available in the Account.
4.2. In order to withdraw the funds available in the Account in cash, the Customer shall notify the Bank of this in writing 5 (five) business days in advance.
4.3. The Customer shall present instructions regarding the execution of payments or other operations by visiting the Bank and signing the application/instruction in the form approved by the Bank regarding the execution of payment or other operation as well as by using the Bank's online electronic services system, if the Customer concludes the electronic services provision agreement.
4.4. The Customer's instructions to execute operations in the Account may only be presented by persons authorised by the Customer. Persons who are entitled to dispose of the funds available in the Account may also be indicated on the sample signatures and seals card presented by the Customer to the Bank; the aforementioned sample signatures and seals card must be signed by the Customer's head of administration or other person duly authorised by the Customer's head of administration to confirm the right of the persons indicated on the card to dispose of the funds available in the Account.
4.5. The Customer's written instructions shall be signed by the Customer's authorised representatives and verified with a seal, if the seal sample is included on the sample signatures and seals card provided to the Bank.
4.6. The Customer hereby assumes the following obligations:
4.6.1. To execute payment operations according to the Conditions of Provision of Payment Services of the Bank, the rules approved by the Bank of Lithuania and other legal acts of the Republic of Lithuania;
4.6.2. In case of any changes in the Customer's name, address, Articles of Association, heads of administration or other persons entitled to dispose of the funds available in the Account, no later than on the following business day of the Bank after the changes, visit the Bank and notify the Bank about the changes in the details or revocation of authorisations and/or adjust the sample signatures and seals card and provide other required legally binding documents. Should the Customer fail to appropriately fulfil the obligations stipulated herein, the Customer shall be liable in full for all the resulting consequences.
4.6.3. In case of any changes in the Customer's heads of administration, representatives or other persons who are entitled to conclude transactions on behalf of the Customer, the Customer must immediately notify the Bank of this in writing and provide documents relating to the changes or verified copies of such documents and an extract from the Register of Legal Entities, sample signatures of the heads of administration who will represent the legal entity and sample seals executed according to the prescribed procedure and documents evidencing the changes in the aforementioned details.
4.6.4. To pay for the services provided by the Bank and for the executed operations based on the services and operations rates set by the Bank.
4.7. Where the Customer is a financial institution, the Customer hereby agrees to not use this Account for storing any funds of its customers and to not use the Account for any payment operations, which are executed only with the funds of customers of the Customer that is a financial institution. In cases where the Customer fails to fulfil these obligations, the Bank shall be entitled to unilaterally terminate the Agreement without giving any prior notice to that effect.
4.8. The Customer may not assign any of its rights and/or obligations under the Agreement to a third party without the Bank's written consent.
5.1. The Customer hereby confirms that it has familiarised itself with the following:
5.1.1. The services and operations rates of the Bank valid on the date this Agreement is signed and published on the Bank's internet website at www.mano.bank and at the Bank's customer service centres.
5.1.2. The Deposit Insurance Conditions.
5.2. By signing this Agreement, the Customer's representative declares as follows:
5.2.1. The Customer is an undertaking that has been duly incorporated and is lawfully operating;
5.2.2. The documents provided by the Customer to the Bank are valid and accurate;
5.2.3. The representative acts within the limits of his/her authorisations, which have been granted to him/her by the Customer without violating any of the requirements of laws of the Republic of Lithuania, the Articles of Association and other incorporation documents of the Customer, regulations adopted by the Customer's management bodies and other normative acts;
5.2.4. He/she is aware that the Bank is entitled to unilaterally amend this Agreement and the applicable rates for the services provided by the Bank according to the procedure prescribed by the Conditions of Provision of Payment Services of the Bank.
6.1. The fact that this Agreement is concluded, the General Part and the Special Part, annexes to the Agreement and any other information received by the Parties in the process of implementing the Agreement shall qualify as confidential and may not be disclosed to any third parties without the other Party's written consent, except in cases envisaged in the Agreement and/or laws of the Republic of Lithuania. Disclosure of information shall not qualify as violation of this clause, if information is provided:
6.1.1. To an audit company, which conducts an audit of the operations and/or financial statements of the Bank or the Customer;
6.1.2. To the Bank's main shareholder, which owns more than one half of all the shares of the Bank, as well as to companies related to the Bank's main shareholders or to the Bank;
6.1.3. To attorneys-at-law who provide legal services to any one of the Parties;
6.2. To other parties, if, given the particularities of cooperation with the Bank and such parties, it is necessary to disclose confidential information. The Bank shall act as a controller of the personal data of the Customer (and/or its representatives). The Bank shall process the personal data of the Customer (and/or its representatives) according to the provisions of the General Data Protection Regulation (EU) 2016/679, other applicable legal acts and the Personal Data Processing Rules approved by the Bank, which can be consulted at the Bank's customer service centres and on the Bank's internet website at https://mano.bank/privacy-policy.
7.1. The Agreement shall become effective on the date it is signed. The Agreement shall remain effective for an unlimited term until terminated.
7.2. Where State authorities, administration institutions and/or the Bank of Lithuania adopt any legal acts that regulate the deposits policy (taxation of interest on deposits, setting of interest rates, etc.) and are mandatory for credit institutions, the Bank shall be entitled to amend the provisions of this Agreement.
7.3. The Account may be closed according to the procedure prescribed by the Bank and/or legal acts of the Republic of Lithuania and/or the Conditions of Provision of Payment Services of the Bank as well as at the request of the Customer.
7.4. The Parties shall be entitled to terminate this Agreement according to the procedure prescribed by the Conditions of Provision of Payment Services.
7.5. The Agreement is concluded in two equally binding counterparts. Each Party to the Agreement shall receive a counterpart.
7.6. The Parties' pre-contractual relationship and the Parties' relationship relating to the conclusion, implementation and termination of the Agreement, liability, jurisdiction, etc. shall be governed by law and legal acts of the Republic of Lithuania.
7.7. The Parties hereby agree to settle all and any judicial disputes in the jurisdiction of the place where the Bank is registered.
1.1. This Agreement regarding a Bank Account for Keeping Funds of Customers of a Financial Institution (hereinafter the Agreement) shall regulate the relationship of the financial institution specified in the Agreement (hereinafter the Customer) and the Public Limited Liability Company Mano Bankas, Company Reg. No. 112043081, registration address: S. Moniuškos g. 27, Vilnius (hereinafter the Bank), which appears by reason of the Customer wishing to open a bank account with the Bank intended for keeping funds of customers of the Customer (hereinafter the Account) and managed by the Customer by right of trust. A customer of the Customer shall be understood as a user of the Customer's financial services (a natural person and/or a legal entity).
1.2. The relationship of the Customer and the Bank appearing by reason of opening the Account, depositing funds and executing orders regarding the funds available in the Account shall also be regulated by the Civil Code of the Republic of Lithuania, the Law on Payments of the Republic of Lithuania, other legal acts of the Republic of Lithuania, the Conditions of Provision of Payment Services of the Bank, the Personal Data Processing Rules approved by the Bank and other documents regulating the execution of payment operations.
2.1. Prior to commencing a business relationship, the Bank shall perform the identification of the Customer and the natural person acting on behalf of the Customer according to the requirements prescribed by the internal rules of the Bank and laws and other legal acts of the Republic of Lithuania.
2.2. The Customer shall perform all the required actions through its head of administration or other duly authorised representatives (hereinafter the Customer's Representative). The Customer's Representative may represent the Customer provided that the Representative provides the Bank with a document evidencing the granted authorisations (power of attorney, procuration, etc.). The document evidencing the granted authorisations must satisfy the form and content requirements prescribed for such documents by laws and other legal acts.
2.3. The Bank shall only accept such documents evidencing authorisations of the Customer's Representative, which clearly and unambiguously specify the Customer, the Customer's Representative and the authorisations granted to the Customer's Representative. The Bank shall be entitled to refuse to accept any documents that do not satisfy the requirements listed herein.
2.4. The Customer must provide the Bank with the following documents and information:
2.4.1. The completed questionnaire of the Customer (legal entity);
2.4.2. Information about the nature of operations of the Customer and its customers;
2.4.3. Information about the Customer's management (shareholder) structure;
2.4.4. Information about the purpose and envisaged nature of the Customer's business relationship with the Bank;
2.4.5. An extract from the Register of Legal Entities of the Republic of Lithuania or, where the Customer is not from the Republic of Lithuania - an extract from the respective authority of the State of registration of the Customer confirming that the Customer is a duly registered and operating legal entity;
2.4.6. The Articles of Association of the Customer;
2.4.7. An extract from the tax administration authority, if applicable;
2.4.8. The license issued by the supervisory authority, which grants the right to provide financial services;
2.4.9. The Customer's annual financial statements for the preceding year;
2.4.10. Documents and/or information confirming the lawful grounds of acquisition and source (origin) of the Customer's funds and other assets;
2.4.11. Information about the Customer's final beneficiary (beneficiaries);
2.4.12. A copy of the Customer's Money Laundering and Terrorist Financing Prevention Procedure or other documents, which specify the money laundering and terrorist financing prevention procedures applied by the Customer in respect of its customers, including, but not limited to, the "know your customer" procedure, the rules for customer identity establishment, monitoring of customer financial operations, identification and suspension of suspicious operations, storage of information about operations executed by customers and register handling as well as other internal control procedures;
2.4.13. Other documents and information, to the extent necessary for the Bank to be able to appropriately implement the requirements of legal acts regulating the prevention of money laundering and terrorist financing and/or other legal acts.
2.5. The Customer hereby confirms that all the data provided by the Customer is accurate and up-to-date.
2.6. Requirements for the documents provided to the Bank:
2.6.1. At the Bank's request, the Customer must provide the Bank with original documents or notarised copies of documents;
2.6.2. At the Bank's request, any documents issued abroad must be verified with an Apostille or legalised according to the procedure prescribed by legal acts.
2.6.3. The documents provided to the Bank must be drafted in the Lithuanian language and/or other language indicated by the Bank. Where any documents provided to the Bank are drafted in a foreign language, the Bank shall be entitled to demand that these documents be translated into the Lithuanian language and/or other language indicated by the Bank, the translation be signed by the translator and that the authenticity of the translator's signature be verified by a notary. Where the Bank accepts from the Customer any documents drafted in a foreign language, the Bank may, where need be, organise the translation of the documents into the Lithuanian language and the Customer must compensate for the translation costs incurred by the Bank. All the costs of drafting, delivery, verification and translation of documents provided by the Customer to the Bank shall be borne by the Customer. The Bank shall be entitled to keep and store any copies of notarised documents provided by the Customer or, where possible, the original documents provided by the Customer.
2.7. The persons who are entitled to dispose of the Customer's funds shall be indicated on the sample signatures and seals card provided by the Customer to the Bank, which card shall confirm the right of the persons indicated on the card to dispose of the funds in the Customer's account and shall be signed by the Customer's head of administration, a person duly authorised by the Customer's head of administration or other person who is entitled to do so according to the documents provided by the Customer to the Bank.
2.8. The Customer's written payment orders must be signed by the Customer or the Customer's authorised representative and verified with a seal, if the seal sample is included on the sample signatures and seals card provided to the Bank.
3.1. The Customer hereby agrees to appropriately implement, in respect of its customers, the money laundering and terrorist financing prevention measures envisaged in laws and legal acts. The main money laundering and terrorist financing prevention measures, which must be implemented by the Customer in respect of its customers, shall be as follows:
3.1.1. The "know your customer" procedures, which shall ensure that the payment operations being executed comply with the Customer's knowledge about its customers, their business model and determined risk level, including, but not limited to, the determination of the source of funds of customers;
3.1.2. determination of customer identity;
3.1.3. monitoring of the financial operations executed by customers;
3.1.4. Identification and suspension of suspicious operations (special systems implemented by the Customer help to ensure the effective implementation of this procedure);
3.1.5. Storage of information about the operations executed by customers and handling of the respective register;
3.1.6. Timely notification of the Customer's employees and training of the Customer's employees;
3.1.7. Internal control;
3.1.8. Other money laundering and terrorist financing prevention measures envisaged in legal acts.
3.2. The Customer shall ensure that, on the date this Agreement is signed and throughout the term of validity of the Agreement, the Customer complies and will comply with the requirements of legal acts regulating money laundering and terrorist financing prevention.
3.3. The Customer hereby assumes the following obligations:
3.3.1. Once a year and at its own expense, to order an independent review of its operations in terms of money laundering and terrorist financing prevention and provide the Bank with a report on the conducted review. The independent expert selected for conducting the review of money laundering and terrorist financing prevention must satisfy the eligibility, experience and/or other requirements set by the Bank. Where the review of money laundering and terrorist financing prevention of the Customer reveals any non-compliance or shortcomings, the Bank shall be entitled to demand that the Customer provide an action plan and/or report regarding elimination of the non-compliance or shortcomings and/or information regarding elimination of the non-compliance or shortcomings;
3.3.2. To have a compliance/money laundering prevention officer who has the required educational background, competences and experience.
3.4. The Bank shall be entitled to prescribe to the Customer additional obligations relating to money laundering and terrorist financing prevention.
4.1. Prior to concluding the Agreement, the Bank shall perform an evaluation of the Customer pursuant to the provisions of Chapters 2 and 3 of this Agreement.
4.2. The Bank shall be entitled to not conclude the Agreement, to refuse to provide the Bank's services (including suspension of payment operations in the Customer's account), to refuse to open the Account with the Bank or perform other actions relating to the provision of the Bank's services, if the Customer and/or persons related to the Customer:
4.2.1. Fail to provide, avoid or refuse to provide data and/or documents required for determining the identity of the Customer, its representative or beneficiary and/or for determining the Customer's management (shareholder) structure, or conceal the identity of the beneficiary, or avail of any legal entities which actually do not implement any activity;
4.2.2. Fail to provide sufficient evidence and/or documents substantiating the lawful grounds of acquisition and/or source (origin) of funds or other assets or operations executed (being executed) in the Account, or avoid or refuse to provide the aforementioned evidence and/or documents, or there exist any other circumstances that allow assuming that the respective party is related to money laundering and/or terrorist financing;
4.2.3. Specify in the documents provided to the Bank any inaccurate and/or insufficient information, conceal documents and/or information, provide documents and/or information that give rise to doubts as to their accuracy or authenticity, or the provided documents and/or information do not satisfy the requirements prescribed by legal acts and/or the Bank;
4.2.4. Have breached their obligations assumed under contracts concluded with the Bank and/or other creditors;
4.2.5. Have, by unlawful actions, caused damages to the Bank or created the risk of such damages for the Bank, or have impaired the Bank's reputation;
4.2.6. In the opinion of the Bank, are engaged in activities relating to an increased risk of money laundering and/or terrorist financing;
4.2.7. Criminal liability has attached to them or they have been convicted for crimes or criminal offences;
4.2.8. Based on the information available to the Bank, they are related or were related in the past to criminal organisations;
4.2.9. Based on the information available to the Bank, they are related or were related in the past to activities prohibited by international or national legal acts;
4.2.10. Based on the information available to the Bank, they are engaged in activities in the absence of the required licenses or other permits issued by competent State authorities;
4.2.11. Are included on the list of persons who are suspected of local or international terrorism and/or terrorist financing;
4.2.12. Are persons who, for any reasons, are subject to sanctions or permanently reside in a country on which sanctions have been imposed, or who have registered their seat in such a country, and/or their principal area of business is in such a country;
4.2.13. Are persons who have registered their seat in the target territory as defined in the Law on Corporate Income Tax of the Republic of Lithuania;
4.2.14. Whose beneficiaries are domiciled in a country which is not a member of the Financial Action Task Force on Money Laundering and Terrorist Financing (FATF) or an international organisation with the FATF observer status and fighting against money laundering and terrorist financing, or have registered their seat in such a country;
4.2.15. Whose beneficiaries are persons entrusted with important public positions in countries with the corruption perceptions index (CPI) of 0 to 5;
4.2.16. Trade or mediate in the trade of virtual currencies (e.g. bitcoins, etc.);
4.2.17. Are engaged (plan to be engaged) in any activities, which do not comply with the Bank's principles of sustainable activity, the principles of assurance of human rights, transparency, gender equality, morality and ethics, or other activities, which are unacceptable to the Bank;
4.2.18. Plan to use the Account for transit purposes;
4.2.19. Fail to provide, avoid or refuse to provide the Bank with information about payers and/or payees of funds as required by legal acts.
4.3. The Bank shall be entitled to not conclude the Agreement, refuse to provide the Bank's services, refuse to open the Account with the Bank or perform other actions relating to the provision of the Bank's services in the cases listed in the Conditions of Provision of Payment Services of the Bank and in other cases listed in this Agreement in order to prevent money laundering and terrorist financing.
4.4. The related parties referred to in clause 4.2 shall be understood as parties who either directly or indirectly own the Customer's parts (shares), or whose shares are either directly or indirectly owned by the Customer, or whose management body or member of management bodies the Customer is.
4.5. When passing a decision regarding conclusion of the Agreement and opening of the Account, the Bank shall adhere to the principles of objectivity, non-discrimination and proportionality. In case where the Bank passes the decision to not conclude the Agreement and to not open the Account, the Bank shall notify the Customer about the refusal to create a business relationship, but the Bank shall not have the duty to specify any reasons for its decision. The Bank must notify the supervisory authority, the Bank of Lithuania, about the negative decision to conclude the Agreement and open the Account and provide the Bank of Lithuania with the reasons for the refusal.
4.6. The Bank shall open the Account and start providing services under the Agreement not later than on the business day following the date the Agreement becomes effective.
4.7. The Agreement shall be concluded in the Lithuanian language. At the Customer's request and subject to the Bank's consent, the Agreement may be concluded in the English language. The Bank shall be entitled to demand that the Customer compensate for the costs of translation of the Agreement into a foreign language.
5.1. The Bank hereby agrees, according to the provisions and procedure prescribed by this Agreement and the Conditions of Provision of Payment Services of the Bank:
5.1.1. To open for the Customer, for an unlimited term, the Account to be managed by right of trust;
5.1.2. To execute the Customer's orders regarding the funds available in the Account and execute other banking operations permitted to the Bank, for which the rates of the Bank's services and operations as approved and published (on the Bank's internet website at www.mano.bank and the Bank's customer service centres) by the Bank shall be charged. The Bank shall not accept and shall not execute the Customer's orders to execute operations in the Account, if the Customer's right to dispose of the funds available in the Account has been restricted as well as when the payment operations executed by the Bank are suspended in cases and according to the procedure prescribed by legal acts;
5.1.3. To ensure the confidentiality of the Customer, the Account and all the payment operations relating to the Account, except in cases provided for by law. The Bank shall only provide information about the status of the Account and the payment operations relating to the Account to the Customer or the Customer's authorised representative. Information about the Customer and the Account may only be provided to other parties without the Customer's consent according to the procedure and in cases prescribed by laws and/or this Agreement;
5.1.4. To fulfil the other obligations envisaged in the Conditions of Provision of Payment Services of the Bank.
5.2. In order to manage risks and implement the restrictions on the disposal of funds as envisaged in legal acts, the Bank may set the minimum amount of the financial collateral for the Customer. The Parties shall agree on the amount of the financial collateral by signing a separate arrangement to this Agreement.
5.3. Should the Customer fail to timely provide or refuse to provide the information and/or documents specified in clauses 2.4, 3.3.1, 7.5 - 7.7 and 7.9 - 7.10 of this Agreement and any other information and/or documents requested by the Bank, the Bank shall be entitled to refuse to provide the payment services of the Bank (including suspension of payment operations in the Customer's account) or perform other actions relating to the provision of payment services of the Bank.
6.1. Interest for the balance of funds in the Account shall not be paid, unless the Parties agree differently.
7.1. The Customer shall have the following rights:
7.1.1. To supplement the Account with an amount not smaller than the minimum one-time Account supplementation amount specified in the Special Part of the Agreement. Funds may be deposited in the Account by wire transfer or in cash;
7.1.2. To withdraw all or part of the funds available in the Account.
7.2. In order to withdraw the funds available in the Account in cash, the Customer shall notify the Bank of this in writing 5 (five) business days in advance.
7.3. The Customer shall present instructions regarding the execution of payments or other operations by visiting the Bank and signing the application/instruction in the form approved by the Bank regarding the execution of payment or other operation as well as by using the Bank's online electronic services system, if the Customer concludes the electronic services provision agreement.
7.4. The Customer hereby agrees to use the Account for its intended purpose (only for keeping funds of its customers) and execute payment or other operations according to rules approved by the supervisory authority and legal acts of the Republic of Lithuania.
7.5. In case of any changes in the information, documents and/or procedures specified in Chapters 2 and 3 of this Agreement, the Customer must immediately, but in any case within 5 business days from the date such changes appear, notify the Bank of this in writing and provide documents relating to the changes or verified copies of such documents (updated versions of such documents and procedures).
7.6. In case of any changes in the Customer's name, address, Articles of Association, heads of administration or other persons entitled to dispose of the funds available in the Account, the Customer must immediately after the introduction of these changes visit the Bank and notify the Bank about the changes in the details or revocation of authorisations and/or adjust the sample signatures and seals card and provide other required legal documents about the changes referred to herein. Should the Customer fail to appropriately fulfil the obligations stipulated herein, the Customer shall be liable in full for all the resulting consequences.
7.7. In case of any changes in the Customer's heads of administration, representatives or other persons who are entitled to conclude transactions on behalf of the Customer, the Customer must immediately notify the Bank of this in writing and provide documents relating to the changes or verified copies of such documents and an extract from the Register of Legal Entities, sample signatures of the heads of administration that will represent the legal entity and sample seals executed according to the prescribed procedure and documents evidencing the changes in the aforementioned details. Should the Customer fail to appropriately fulfil the obligations stipulated herein, the Customer shall be liable in full for all the resulting consequences.
7.8. The Customer may not assign any of its rights and/or obligations under the Agreement to a third party without the Bank's written consent.
7.9. The Parties hereby agree that the Bank, which is a supervised participant of the financial market, is subject to special requirements; consequently, in case the Bank, in the process of fulfilling these requirements, requests that the Customer provide additional information about a payer or payee or specific payment operations, the Customer shall provide such information at any time in respect of payment operations completed or being executed by the Customer or customers of the Customer. Should the Customer in certain cases not have any of the requested information, the Customer shall notify the Bank about that and hereby agrees to cooperate, where possible, in order to obtain such information.
7.10. The Bank shall be entitled to demand and in this case the Customer must immediately, but in any case within 1 (one) business day, provide the following information to the Bank:
7.10.1. Comprehensive information about the payee (final beneficiary), including personal information, bank name and address, payee's full name and address, account No., SWIFT, IBAN and other details of the owner of the payee account or information relating to the payee;
7.10.2. Additional information about the original payer, for instance:
7.10.2.1. Place of birth, passport and/or ID card No., account No. and other details of the original payer (if the payer is a natural person);
7.10.2.2. Comprehensive information about the actual beneficiary (beneficiaries), authorised representatives, business activities and other details of the legal entity (if the payer is a legal entity);
7.10.2.3. Provide the Bank with copies of ID documents of the customer of the Customer and the "Know your customer" questionnaire filled out by the Customer's customer whose payment order is initiated or being executed, provide other documents relating to the customer identification procedure performed by the Customer, the customer evaluation conducted by the Customer, etc.;
7.10.3. Grounds for the payment operation, including information about the purpose and envisaged nature of the transaction or business relationship of a specific payer;
7.10.4. Number of payment operations executed or to be executed by a specific payer. This may also include payment operations, which are either directly or indirectly related to a specific payer;
7.10.5. Other documents, which may substantiate the grounds of a specific payment operation.
7.11. The Bank shall be entitled, based on the Customer's request, to extend the term indicated in clause 7.10 of this Agreement.
8.1. The Customer shall pay for the services provided by the Bank and the executed operations according to the services and payment operations rates set by the Bank and published on the Bank's internet website at www.mano.bank and at the customer service centres of the Bank.
8.2. The Bank shall be entitled to unilaterally adjust its services and operations rates according to the procedure prescribed by the Conditions of Provision of Payment Services of the Bank.
8.3. The Bank shall be entitled to withdraw the commission fee from the Customer's account, in which the respective payment operation is executed, or from other accounts opened with the Bank in the name of the Customer, with the exclusion of the bank account managed by right of trust and opened in the name of the Customer, in which the Customer keeps the funds of its (financial institution's) customers.
9.1. It shall be prohibited to the Customer in the process of using the Account and the payment services provided by the Bank:
9.1.1. To not adhere to laws and other legal acts, including, but not limited to, the legal acts relating to the prevention of money laundering and terrorist financing;
9.1.2. To accept or execute payment operations using funds acquired in an unlawful manner, where the Customer was aware or ought to have been aware of this;
9.1.3. To avail of the services provided by the Bank and/or the Account in any manner that causes damages, liability or other negative legal or financial consequences to the Bank or other third parties or that is detrimental to their business reputation;
9.1.4. To use the Account for any purposes other than its intended purpose, keep in the Account any funds other than funds of its customers and/or execute any payment operations not relating to the storage of funds of customers of the Customer;
9.1.5. To avail of the services of the Bank from a country, which is unacceptable to the Bank and about which the Bank notifies the Customer in advance;
9.1.6. To organise illegal gambling, illegal trade in stocks, indexes, commodities, currencies (e.g. Forex), options, exchange traded funds (ETFs), provide trade, investment or other services on exchange markets, Forex markets, other e-currency trading systems, illegally market tobacco products, alcohol, prescription drugs, steroids, arms, narcotics and drug-related attributes, pornographic products, unlicensed lotteries, illegal software, other prohibited articles or products;
9.1.7. To accept payments in an unregulated and/or unsupervised virtual currency, purchase, convert or dispose of such currency in any other manner (the prohibition shall also apply to the making or receiving of transfers from virtual currency exchanges);
9.1.8. To provide any services prohibited by laws or other legal acts or contrary to public order and good morals.
10.1. The Customer hereby confirms that it has familiarised itself with the services and operations rates set by the Bank and valid on the date the Agreement is signed.
10.2. By signing this Agreement, the Customer's representative declares as follows:
10.2.1. The Customer is an undertaking that has been duly incorporated and is lawfully operating.
10.2.2. The Customer holds a valid financial institution license;
10.2.3. The documents provided by the Customer to the Bank are valid and accurate;
10.2.4. The representative acts within the limits of his/her authorisations, which have been granted to him/her by the Customer without violating any of the requirements of laws of the Republic of Lithuania, the Articles of Association and other incorporation documents of the Customer, regulations adopted by the Customer's management bodies and other normative acts;
10.2.5. The Customer is aware that the Bank is entitled to unilaterally amend this Agreement and the applicable rates for the services provided by the Bank according to the procedure prescribed by the Conditions of Provision of Payment Services of the Bank.
11.1. The fact that this Agreement is concluded, the General Part and the Special Part, annexes to the Agreement and any other information received by the Parties in the process of implementing the Agreement shall qualify as confidential and may not be disclosed to any third parties without the other Party's written consent, except in cases envisaged in the Agreement and/or laws of the Republic of Lithuania. Disclosure of information shall not qualify as violation of this clause, if information is provided:
11.1.1. To an audit company, which conducts an audit of the operations and/or financial statements of the Bank or the Customer;
11.1.2. To the Bank's main shareholder, which owns more than one half of all the shares of the Bank, as well as to companies related to the Bank's main shareholders or to the Bank;
11.1.3. To attorneys-at-law who provide legal services to any one of the Parties;
11.1.4. Other parties, if, given the particularities of cooperation with the Bank and such parties, it is necessary to disclose confidential information.
11.2. The Bank shall act as a controller of the personal data of the Customer (and/or its representatives). The Bank shall process the personal data of the Customer (and/or its representatives) according to the provisions of the General Data Protection Regulation (EU) 2016/679, other applicable legal acts and the Personal Data Processing Rules approved by the Bank, which can be consulted at the Bank's customer service centres and on the Bank's internet website at https://mano.bank/privacy-policy.
11.3. By concluding this Agreement, the Customer (and/or its representative) confirms that it has familiarised itself with the Personal Data Processing Rules approved by the Bank.
12.1. The Customer shall be liable for any errors made in a payment order presented to the Bank, failure to provide information and the provided information.
12.2. The Bank shall be liable for the direct damages incurred by the Customer as a result of the Bank's intent or gross negligence. In this case, the Bank must indemnify for the documented direct damages incurred by the Customer. The Bank shall not be liable for the Customer's foregone earnings or other indirect damages incurred by the Customer.
12.3. The Bank shall not be liable for any refusal to execute a payment order and the resulting damages, if the Bank refuses to execute the payment order based on the Agreement and/or requirements of applicable legal acts of the Republic of Lithuania or the European Union.
12.4. The Bank shall not be liable for any of the following:
12.4.1. Acts or omissions of third parties (including correspondent banks), including the malfunctioning of communication lines, if as a result a payment order is not executed or is executed inappropriately;
12.4.2. Criminal or other unlawful acts of third parties that cause damages to the Customer or other person;
12.4.3. Claims between payers and payees;
12.4.4. The Customer's damages incurred as a result of the suspension of all or several operations or services relating to the Account, if required according to applicable legal acts of the Republic of Lithuania and the European Union or necessary for other reasons not depending on the Bank and beyond the Bank's control.
12.5. The Customer shall be liable in full for failure to implement or appropriately implement or breach of the Agreement and must compensate for all the damages incurred by the Bank, including all imposed fines, sanctions and penalties.
12.6. The Bank Account is intended only for funds and (or) securities of electronic money holders and (or) payment service users transferred to the Customer, which were purchased for safekeeping and management of funds received by the Customer from electronic money holders and (or) payment service users. These funds and (or) securities remain the property of the electronic money holders and (or) payment service users who transferred those funds to Customers accounts, therefore funds in this bank account cannot be used for recovery of any Customer's debts. All commissions, if any, for servicing this bank account must be deducted from other accounts held by the Customer with the bank.
12.7. Where the Customer has any delayed outstanding payments, the Bank shall be entitled to demand that the Customer pay the late charge specified in the Price List from the outstanding amount for each day of delay.
12.8. The financial claims of the Bank and the Customer which appear in connection with the Agreement shall be settled by method of set-off, subject to the Bank's consent.
12.9. The Customer shall be liable in full, if any damages appear as a result of the Customer failing to adhere or comprehensively fulfil the requirements of legal acts, in particular legal acts relating to the prevention of money laundering and terrorist financing. The Customer must compensate in full for the damages incurred by the Bank and/or third parties and pay a fine of EUR 10,000 for each instance of violation in cases where:
12.9.1. Supervisory authorities or other financial institutions (the Bank's partner or other third party) impose on the Bank a fine for acts or omissions, which were caused by the Customer's breach of the provisions of the Agreement or the Customer's failure to appropriately and timely fulfil the provisions of the Agreement;
12.9.2. The Bank's partner (a financial institution) terminates its business relationship with the Bank or closes an account by reason of acts or omission, which were caused by the Customer's breach of the provisions of the Agreement or the Customer's failure to appropriately and timely fulfil the provisions of the Agreement;
12.10. Where the Customer violates the requirements of legal acts relating to the prevention of money laundering and terrorist financing, the Bank may detain the funds transferred to the Bank under this Agreement and/or refuse to execute any one of the payment orders presented by the Customer or other request of the Customer following establishment that the Customer is executing a suspicious financial operation or transaction, irrespective of the amount of the operation or transaction, and/or in the presence of an order of any one supervisory or other authority to detain the funds and/or refuse to execute the Customer's payment order or other request. The Bank shall not be liable for the lawfulness of the actions specified in this clause.
12.11. Where the Customer violates the obligation to provide information within the prescribed term as provided for in clauses 3.3.1, 7.5 - 7.7 (timely provision of information) or provides incomplete/inaccurate information, the Customer must pay a fine of EUR 100 (one hundred euros) for each day of delay after expiry of the deadline for providing the information.
12.12. Where the Customer initiates or the Bank executes the Customer's payment order, which was either identified or not identified, but, following the Bank's request to provide information as envisaged in clauses 7.9 and 7.10 of this Agreement, the information is not provided or the provided information is incomplete/inaccurate, the Customer must pay a fine of EUR 500 (five hundred euros) for each day of delay. The fine shall be calculated from the fourth business day from the date of the Bank's request to provide the respective information.
12.13. The Customer shall be liable and must compensate for all and any damages incurred by the Bank, other customers of the Bank and third parties as a result of the Customer failing to fulfil its obligations under this Agreement, fulfil them appropriately or timely or breaching this Agreement in any other manner, breaching the Conditions of Provision of Payment Services of the Bank and requirements of legal acts.
13.1. The Agreement shall become effective on the date it is signed. The Agreement shall remain effective for an unlimited term until terminated.
13.2. Where State authorities and administration institutions and/or the supervisory authority adopt legal acts that are mandatory for credit institutions, the Bank shall be entitled to unilaterally amend the provisions of this Agreement.
13.3. The Account may be closed according to the procedure prescribed by the Bank and/or legal acts of the Republic of Lithuania and/or the Conditions of Provision of Payment Services of the Bank as well as at the request of the Customer.
13.4. The Customer shall be entitled to terminate this Agreement by giving the Bank one-month notice prior to the date of termination of the Agreement. Following termination of the Agreement, the Account shall be closed and the balance of funds available in the Account shall be paid out to the Customer in cash or, by the Customer's instruction, transferred to another account according to the deadlines and procedure prescribed by this Agreement. Where the Customer does not present an instruction to transfer funds to another account, the Bank shall transfer the funds to the Bank's internal accounts.
13.5. The Bank shall be entitled to unilaterally and immediately terminate the Agreement without giving any prior notice, if:
13.5.1. Any one of the circumstances listed in clause 4.2 of this Agreement is identified;
13.5.2. The Customer fails to fulfil its obligations under Chapter 3 of this Agreement;
13.5.3. The Customer fails to timely provide or refuses to provide the information and/or documents specified in clauses 2.4, 3.3.1, 7.5 - 7.7, 7.9 and 7.10 of this Agreement and requested by the Bank;
13.5.4. The Customer is engaged in any prohibited activities as defined in Chapter 9;
13.5.5. Bankruptcy or insolvency proceedings (including declaration of insolvency) are initiated in respect of the Customer, the Customer's operations are suspended and/or the right to engage in the provision of payment services is restricted or excluded in respect of the Customer;
13.5.6. International sanctions are imposed on the Customer;
13.5.7. The authority supervising the Customer passes the decision to impose disciplinary measures on the Customer by reason of the inadequate operational risk management or inappropriate prevention of money laundering and terrorist financing;
13.5.8. In other cases envisaged in this Agreement, the Conditions of Provision of Payment Services of the Bank and laws of the Republic of Lithuania.
13.6. The Parties hereby agree that, in case of a conflict between the provisions of this Agreement and the Conditions of Provision of Payment Services of the Bank, the provisions of this Agreement shall apply.
13.7. The Agreement is concluded in two equally binding counterparts. Each Party to the Agreement shall receive a counterpart.
13.8. The pre-contractual relationship of the Parties and the relationship of the Parties relating to the conclusion, implementation and termination of the Agreement, liability, jurisdiction, etc. shall be governed by law and legal acts of the Republic of Lithuania.
13.9. The Parties hereby agree to settle all and any judicial disputes in the jurisdiction of the place where the Bank is registered.
1.1. This Agreement regarding a Bank Account for Keeping Funds of Customers of a Financial Institution (hereinafter the Agreement) shall regulate the relationship of the financial institution specified in the Agreement (hereinafter the Customer) and the Public Limited Liability Company Mano Bankas, Company Reg. No. 112043081, registration address: S. Moniuškos g. 27, Vilnius (hereinafter the Bank), which appears by reason of the Customer wishing to open a bank account with the Bank intended for keeping funds of customers of the Customer (hereinafter the Account) and managed by the Customer by right of trust. A customer of the Customer shall be understood as a user of the Customer's financial services (a natural person and/or a legal entity).
1.2. The relationship of the Customer and the Bank appearing by reason of opening the Account, depositing funds and executing orders regarding the funds available in the Account shall also be regulated by the Civil Code of the Republic of Lithuania, the Law on Payments of the Republic of Lithuania, other legal acts of the Republic of Lithuania, the Conditions of Provision of Payment Services of the Bank, the Personal Data Processing Rules approved by the Bank and other documents regulating the execution of payment operations.
2.1. Prior to commencing a business relationship, the Bank shall perform the identification of the Customer and the natural person acting on behalf of the Customer according to the requirements prescribed by the internal rules of the Bank and laws and other legal acts of the Republic of Lithuania.
2.2. The Customer shall perform all the required actions through its head of administration or other duly authorised representatives (hereinafter the Customer's Representative). The Customer's Representative may represent the Customer provided that the Representative provides the Bank with a document evidencing the granted authorisations (power of attorney, procuration, etc.). The document evidencing the granted authorisations must satisfy the form and content requirements prescribed for such documents by laws and other legal acts.
2.3. The Bank shall only accept such documents evidencing authorisations of the Customer's Representative, which clearly and unambiguously specify the Customer, the Customer's Representative and the authorisations granted to the Customer's Representative. The Bank shall be entitled to refuse to accept any documents that do not satisfy the requirements listed herein.
2.4. The Customer must provide the Bank with the following documents and information:
2.4.1. The completed questionnaire of the Customer (legal entity);
2.4.2. Information about the nature of operations of the Customer and its customers;
2.4.3. Information about the Customer's management (shareholder) structure;
2.4.4. Information about the purpose and envisaged nature of the Customer's business relationship with the Bank;
2.4.5. An extract from the Register of Legal Entities of the Republic of Lithuania or, where the Customer is not from the Republic of Lithuania - an extract from the respective authority of the State of registration of the Customer confirming that the Customer is a duly registered and operating legal entity;
2.4.6. The Articles of Association of the Customer;
2.4.7. An extract from the tax administration authority, if applicable;
2.4.8. The license issued by the supervisory authority, which grants the right to provide financial services;
2.4.9. The Customer's annual financial statements for the preceding year;
2.4.10. Documents and/or information confirming the lawful grounds of acquisition and source (origin) of the Customer's funds and other assets;
2.4.11. Information about the Customer's final beneficiary (beneficiaries);
2.4.12. A copy of the Customer's Money Laundering and Terrorist Financing Prevention Procedure or other documents, which specify the money laundering and terrorist financing prevention procedures applied by the Customer in respect of its customers, including, but not limited to, the "know your customer" procedure, the rules for customer identity establishment, monitoring of customer financial operations, identification and suspension of suspicious operations, storage of information about operations executed by customers and register handling as well as other internal control procedures;
2.4.13. Other documents and information, to the extent necessary for the Bank to be able to appropriately implement the requirements of legal acts regulating the prevention of money laundering and terrorist financing and/or other legal acts.
2.5. The Customer hereby confirms that all the data provided by the Customer is accurate and up-to-date.
2.6. Requirements for the documents provided to the Bank:
2.6.1. At the Bank's request, the Customer must provide the Bank with original documents or notarised copies of documents;
2.6.2. At the Bank's request, any documents issued abroad must be verified with an Apostille or legalised according to the procedure prescribed by legal acts.
2.6.3. The documents provided to the Bank must be drafted in the Lithuanian language and/or other language indicated by the Bank. Where any documents provided to the Bank are drafted in a foreign language, the Bank shall be entitled to demand that these documents be translated into the Lithuanian language and/or other language indicated by the Bank, the translation be signed by the translator and that the authenticity of the translator's signature be verified by a notary. Where the Bank accepts from the Customer any documents drafted in a foreign language, the Bank may, where need be, organise the translation of the documents into the Lithuanian language and the Customer must compensate for the translation costs incurred by the Bank. All the costs of drafting, delivery, verification and translation of documents provided by the Customer to the Bank shall be borne by the Customer. The Bank shall be entitled to keep and store any copies of notarised documents provided by the Customer or, where possible, the original documents provided by the Customer.
2.7. The persons who are entitled to dispose of the Customer's funds shall be indicated on the sample signatures and seals card provided by the Customer to the Bank, which card shall confirm the right of the persons indicated on the card to dispose of the funds in the Customer's account and shall be signed by the Customer's head of administration, a person duly authorised by the Customer's head of administration or other person who is entitled to do so according to the documents provided by the Customer to the Bank.
2.8. The Customer's written payment orders must be signed by the Customer or the Customer's authorised representative and verified with a seal, if the seal sample is included on the sample signatures and seals card provided to the Bank.
3.1. The Customer hereby agrees to appropriately implement, in respect of its customers, the money laundering and terrorist financing prevention measures envisaged in laws and legal acts. The main money laundering and terrorist financing prevention measures, which must be implemented by the Customer in respect of its customers, shall be as follows:
3.1.1. The "know your customer" procedures, which shall ensure that the payment operations being executed comply with the Customer's knowledge about its customers, their business model and determined risk level, including, but not limited to, the determination of the source of funds of customers;
3.1.2. determination of customer identity;
3.1.3. monitoring of the financial operations executed by customers;
3.1.4. Identification and suspension of suspicious operations (special systems implemented by the Customer help to ensure the effective implementation of this procedure);
3.1.5. Storage of information about the operations executed by customers and handling of the respective register;
3.1.6. Timely notification of the Customer's employees and training of the Customer's employees;
3.1.7. Internal control;
3.1.8. Other money laundering and terrorist financing prevention measures envisaged in legal acts.
3.2. The Customer shall ensure that, on the date this Agreement is signed and throughout the term of validity of the Agreement, the Customer complies and will comply with the requirements of legal acts regulating money laundering and terrorist financing prevention.
3.3. The Customer hereby assumes the following obligations:
3.3.1. Once a year and at its own expense, to order an independent review of its operations in terms of money laundering and terrorist financing prevention and provide the Bank with a report on the conducted review. The independent expert selected for conducting the review of money laundering and terrorist financing prevention must satisfy the eligibility, experience and/or other requirements set by the Bank. Where the review of money laundering and terrorist financing prevention of the Customer reveals any non-compliance or shortcomings, the Bank shall be entitled to demand that the Customer provide an action plan and/or report regarding elimination of the non-compliance or shortcomings and/or information regarding elimination of the non-compliance or shortcomings;
3.3.2. To have a compliance/money laundering prevention officer who has the required educational background, competences and experience.
3.4. The Bank shall be entitled to prescribe to the Customer additional obligations relating to money laundering and terrorist financing prevention.
4.1. Prior to concluding the Agreement, the Bank shall perform an evaluation of the Customer pursuant to the provisions of Chapters 2 and 3 of this Agreement.
4.2. The Bank shall be entitled to not conclude the Agreement, to refuse to provide the Bank's services (including suspension of payment operations in the Customer's account), to refuse to open the Account with the Bank or perform other actions relating to the provision of the Bank's services, if the Customer and/or persons related to the Customer:
4.2.1. Fail to provide, avoid or refuse to provide data and/or documents required for determining the identity of the Customer, its representative or beneficiary and/or for determining the Customer's management (shareholder) structure, or conceal the identity of the beneficiary, or avail of any legal entities which actually do not implement any activity;
4.2.2. Fail to provide sufficient evidence and/or documents substantiating the lawful grounds of acquisition and/or source (origin) of funds or other assets or operations executed (being executed) in the Account, or avoid or refuse to provide the aforementioned evidence and/or documents, or there exist any other circumstances that allow assuming that the respective party is related to money laundering and/or terrorist financing;
4.2.3. Specify in the documents provided to the Bank any inaccurate and/or insufficient information, conceal documents and/or information, provide documents and/or information that give rise to doubts as to their accuracy or authenticity, or the provided documents and/or information do not satisfy the requirements prescribed by legal acts and/or the Bank;
4.2.4. Have breached their obligations assumed under contracts concluded with the Bank and/or other creditors;
4.2.5. Have, by unlawful actions, caused damages to the Bank or created the risk of such damages for the Bank, or have impaired the Bank's reputation;
4.2.6. In the opinion of the Bank, are engaged in activities relating to an increased risk of money laundering and/or terrorist financing;
4.2.7. Criminal liability has attached to them or they have been convicted for crimes or criminal offences;
4.2.8. Based on the information available to the Bank, they are related or were related in the past to criminal organisations;
4.2.9. Based on the information available to the Bank, they are related or were related in the past to activities prohibited by international or national legal acts;
4.2.10. Based on the information available to the Bank, they are engaged in activities in the absence of the required licenses or other permits issued by competent State authorities;
4.2.11. Are included on the list of persons who are suspected of local or international terrorism and/or terrorist financing;
4.2.12. Are persons who, for any reasons, are subject to sanctions or permanently reside in a country on which sanctions have been imposed, or who have registered their seat in such a country, and/or their principal area of business is in such a country;
4.2.13. Are persons who have registered their seat in the target territory as defined in the Law on Corporate Income Tax of the Republic of Lithuania;
4.2.14. Whose beneficiaries are domiciled in a country which is not a member of the Financial Action Task Force on Money Laundering and Terrorist Financing (FATF) or an international organisation with the FATF observer status and fighting against money laundering and terrorist financing, or have registered their seat in such a country;
4.2.15. Whose beneficiaries are persons entrusted with important public positions in countries with the corruption perceptions index (CPI) of 0 to 5;
4.2.16. Trade or mediate in the trade of virtual currencies (e.g. bitcoins, etc.);
4.2.17. Are engaged (plan to be engaged) in any activities, which do not comply with the Bank's principles of sustainable activity, the principles of assurance of human rights, transparency, gender equality, morality and ethics, or other activities, which are unacceptable to the Bank;
4.2.18. Plan to use the Account for transit purposes;
4.2.19. Fail to provide, avoid or refuse to provide the Bank with information about payers and/or payees of funds as required by legal acts.
4.3. The Bank shall be entitled to not conclude the Agreement, refuse to provide the Bank's services, refuse to open the Account with the Bank or perform other actions relating to the provision of the Bank's services in the cases listed in the Conditions of Provision of Payment Services of the Bank and in other cases listed in this Agreement in order to prevent money laundering and terrorist financing.
4.4. The related parties referred to in clause 4.2 shall be understood as parties who either directly or indirectly own the Customer's parts (shares), or whose shares are either directly or indirectly owned by the Customer, or whose management body or member of management bodies the Customer is.
4.5. When passing a decision regarding conclusion of the Agreement and opening of the Account, the Bank shall adhere to the principles of objectivity, non-discrimination and proportionality. In case where the Bank passes the decision to not conclude the Agreement and to not open the Account, the Bank shall notify the Customer about the refusal to create a business relationship, but the Bank shall not have the duty to specify any reasons for its decision. The Bank must notify the supervisory authority, the Bank of Lithuania, about the negative decision to conclude the Agreement and open the Account and provide the Bank of Lithuania with the reasons for the refusal.
4.6. The Bank shall open the Account and start providing services under the Agreement not later than on the business day following the date the Agreement becomes effective.
4.7. The Agreement shall be concluded in the Lithuanian language. At the Customer's request and subject to the Bank's consent, the Agreement may be concluded in the English language. The Bank shall be entitled to demand that the Customer compensate for the costs of translation of the Agreement into a foreign language.
5.1. The Bank hereby agrees, according to the provisions and procedure prescribed by this Agreement and the Conditions of Provision of Payment Services of the Bank:
5.1.1. To open for the Customer, for an unlimited term, the Account to be managed by right of trust;
5.1.2. To execute the Customer's orders regarding the funds available in the Account and execute other banking operations permitted to the Bank, for which the rates of the Bank's services and operations as approved and published (on the Bank's internet website at www.mano.bank and the Bank's customer service centres) by the Bank shall be charged. The Bank shall not accept and shall not execute the Customer's orders to execute operations in the Account, if the Customer's right to dispose of the funds available in the Account has been restricted as well as when the payment operations executed by the Bank are suspended in cases and according to the procedure prescribed by legal acts;
5.1.3. To ensure the confidentiality of the Customer, the Account and all the payment operations relating to the Account, except in cases provided for by law. The Bank shall only provide information about the status of the Account and the payment operations relating to the Account to the Customer or the Customer's authorised representative. Information about the Customer and the Account may only be provided to other parties without the Customer's consent according to the procedure and in cases prescribed by laws and/or this Agreement;
5.1.4. To fulfil the other obligations envisaged in the Conditions of Provision of Payment Services of the Bank.
5.2. In order to manage risks and implement the restrictions on the disposal of funds as envisaged in legal acts, the Bank may set the minimum amount of the financial collateral for the Customer. The Parties shall agree on the amount of the financial collateral by signing a separate arrangement to this Agreement.
5.3. Should the Customer fail to timely provide or refuse to provide the information and/or documents specified in clauses 2.4, 3.3.1, 7.5 - 7.7 and 7.9 - 7.10 of this Agreement and any other information and/or documents requested by the Bank, the Bank shall be entitled to refuse to provide the payment services of the Bank (including suspension of payment operations in the Customer's account) or perform other actions relating to the provision of payment services of the Bank.
6.1. Interest for the balance of funds in the Account shall not be paid, unless the Parties agree differently.
7.1. The Customer shall have the following rights:
7.1.1. To supplement the Account with an amount not smaller than the minimum one-time Account supplementation amount specified in the Special Part of the Agreement. Funds may be deposited in the Account by wire transfer or in cash;
7.1.2. To withdraw all or part of the funds available in the Account.
7.2. In order to withdraw the funds available in the Account in cash, the Customer shall notify the Bank of this in writing 5 (five) business days in advance.
7.3. The Customer shall present instructions regarding the execution of payments or other operations by visiting the Bank and signing the application/instruction in the form approved by the Bank regarding the execution of payment or other operation as well as by using the Bank's online electronic services system, if the Customer concludes the electronic services provision agreement.
7.4. The Customer hereby agrees to use the Account for its intended purpose (only for keeping funds of its customers) and execute payment or other operations according to rules approved by the supervisory authority and legal acts of the Republic of Lithuania.
7.5. In case of any changes in the information, documents and/or procedures specified in Chapters 2 and 3 of this Agreement, the Customer must immediately, but in any case within 5 business days from the date such changes appear, notify the Bank of this in writing and provide documents relating to the changes or verified copies of such documents (updated versions of such documents and procedures).
7.6. In case of any changes in the Customer's name, address, Articles of Association, heads of administration or other persons entitled to dispose of the funds available in the Account, the Customer must immediately after the introduction of these changes visit the Bank and notify the Bank about the changes in the details or revocation of authorisations and/or adjust the sample signatures and seals card and provide other required legal documents about the changes referred to herein. Should the Customer fail to appropriately fulfil the obligations stipulated herein, the Customer shall be liable in full for all the resulting consequences.
7.7. In case of any changes in the Customer's heads of administration, representatives or other persons who are entitled to conclude transactions on behalf of the Customer, the Customer must immediately notify the Bank of this in writing and provide documents relating to the changes or verified copies of such documents and an extract from the Register of Legal Entities, sample signatures of the heads of administration that will represent the legal entity and sample seals executed according to the prescribed procedure and documents evidencing the changes in the aforementioned details. Should the Customer fail to appropriately fulfil the obligations stipulated herein, the Customer shall be liable in full for all the resulting consequences.
7.8. The Customer may not assign any of its rights and/or obligations under the Agreement to a third party without the Bank's written consent.
7.9. The Parties hereby agree that the Bank, which is a supervised participant of the financial market, is subject to special requirements; consequently, in case the Bank, in the process of fulfilling these requirements, requests that the Customer provide additional information about a payer or payee or specific payment operations, the Customer shall provide such information at any time in respect of payment operations completed or being executed by the Customer or customers of the Customer. Should the Customer in certain cases not have any of the requested information, the Customer shall notify the Bank about that and hereby agrees to cooperate, where possible, in order to obtain such information.
7.10. The Bank shall be entitled to demand and in this case the Customer must immediately, but in any case within 1 (one) business day, provide the following information to the Bank:
7.10.1. Comprehensive information about the payee (final beneficiary), including personal information, bank name and address, payee's full name and address, account No., SWIFT, IBAN and other details of the owner of the payee account or information relating to the payee;
7.10.2. Additional information about the original payer, for instance:
7.10.2.1. Place of birth, passport and/or ID card No., account No. and other details of the original payer (if the payer is a natural person);
7.10.2.2. Comprehensive information about the actual beneficiary (beneficiaries), authorised representatives, business activities and other details of the legal entity (if the payer is a legal entity);
7.10.2.3. Provide the Bank with copies of ID documents of the customer of the Customer and the "Know your customer" questionnaire filled out by the Customer's customer whose payment order is initiated or being executed, provide other documents relating to the customer identification procedure performed by the Customer, the customer evaluation conducted by the Customer, etc.;
7.10.3. Grounds for the payment operation, including information about the purpose and envisaged nature of the transaction or business relationship of a specific payer;
7.10.4. Number of payment operations executed or to be executed by a specific payer. This may also include payment operations, which are either directly or indirectly related to a specific payer;
7.10.5. Other documents, which may substantiate the grounds of a specific payment operation.
7.11. The Bank shall be entitled, based on the Customer's request, to extend the term indicated in clause 7.10 of this Agreement.
8.1. The Customer shall pay for the services provided by the Bank and the executed operations according to the services and payment operations rates set by the Bank and published on the Bank's internet website at www.mano.bank and at the customer service centres of the Bank.
8.2. The Bank shall be entitled to unilaterally adjust its services and operations rates according to the procedure prescribed by the Conditions of Provision of Payment Services of the Bank.
8.3. The Bank shall be entitled to withdraw the commission fee from the Customer's account, in which the respective payment operation is executed, or from other accounts opened with the Bank in the name of the Customer, with the exclusion of the bank account managed by right of trust and opened in the name of the Customer, in which the Customer keeps the funds of its (financial institution's) customers.
9.1. It shall be prohibited to the Customer in the process of using the Account and the payment services provided by the Bank:
9.1.1. To not adhere to laws and other legal acts, including, but not limited to, the legal acts relating to the prevention of money laundering and terrorist financing;
9.1.2. To accept or execute payment operations using funds acquired in an unlawful manner, where the Customer was aware or ought to have been aware of this;
9.1.3. To avail of the services provided by the Bank and/or the Account in any manner that causes damages, liability or other negative legal or financial consequences to the Bank or other third parties or that is detrimental to their business reputation;
9.1.4. To use the Account for any purposes other than its intended purpose, keep in the Account any funds other than funds of its customers and/or execute any payment operations not relating to the storage of funds of customers of the Customer;
9.1.5. To avail of the services of the Bank from a country, which is unacceptable to the Bank and about which the Bank notifies the Customer in advance;
9.1.6. To organise illegal gambling, illegal trade in stocks, indexes, commodities, currencies (e.g. Forex), options, exchange traded funds (ETFs), provide trade, investment or other services on exchange markets, Forex markets, other e-currency trading systems, illegally market tobacco products, alcohol, prescription drugs, steroids, arms, narcotics and drug-related attributes, pornographic products, unlicensed lotteries, illegal software, other prohibited articles or products;
9.1.7. To accept payments in an unregulated and/or unsupervised virtual currency, purchase, convert or dispose of such currency in any other manner (the prohibition shall also apply to the making or receiving of transfers from virtual currency exchanges);
9.1.8. To provide any services prohibited by laws or other legal acts or contrary to public order and good morals.
10.1. The Customer hereby confirms that it has familiarised itself with the services and operations rates set by the Bank and valid on the date the Agreement is signed.
10.2. By signing this Agreement, the Customer's representative declares as follows:
10.2.1. The Customer is an undertaking that has been duly incorporated and is lawfully operating.
10.2.2. The Customer holds a valid financial institution license;
10.2.3. The documents provided by the Customer to the Bank are valid and accurate;
10.2.4. The representative acts within the limits of his/her authorisations, which have been granted to him/her by the Customer without violating any of the requirements of laws of the Republic of Lithuania, the Articles of Association and other incorporation documents of the Customer, regulations adopted by the Customer's management bodies and other normative acts;
10.2.5. The Customer is aware that the Bank is entitled to unilaterally amend this Agreement and the applicable rates for the services provided by the Bank according to the procedure prescribed by the Conditions of Provision of Payment Services of the Bank.
11.1. The fact that this Agreement is concluded, the General Part and the Special Part, annexes to the Agreement and any other information received by the Parties in the process of implementing the Agreement shall qualify as confidential and may not be disclosed to any third parties without the other Party's written consent, except in cases envisaged in the Agreement and/or laws of the Republic of Lithuania. Disclosure of information shall not qualify as violation of this clause, if information is provided:
11.1.1. To an audit company, which conducts an audit of the operations and/or financial statements of the Bank or the Customer;
11.1.2. To the Bank's main shareholder, which owns more than one half of all the shares of the Bank, as well as to companies related to the Bank's main shareholders or to the Bank;
11.1.3. To attorneys-at-law who provide legal services to any one of the Parties;
11.1.4. Other parties, if, given the particularities of cooperation with the Bank and such parties, it is necessary to disclose confidential information.
11.2. The Bank shall act as a controller of the personal data of the Customer (and/or its representatives). The Bank shall process the personal data of the Customer (and/or its representatives) according to the provisions of the General Data Protection Regulation (EU) 2016/679, other applicable legal acts and the Personal Data Processing Rules approved by the Bank, which can be consulted at the Bank's customer service centres and on the Bank's internet website at https://mano.bank/privacy-policy.
11.3. By concluding this Agreement, the Customer (and/or its representative) confirms that it has familiarised itself with the Personal Data Processing Rules approved by the Bank.
12.1. The Customer shall be liable for any errors made in a payment order presented to the Bank, failure to provide information and the provided information.
12.2. The Bank shall be liable for the direct damages incurred by the Customer as a result of the Bank's intent or gross negligence. In this case, the Bank must indemnify for the documented direct damages incurred by the Customer. The Bank shall not be liable for the Customer's foregone earnings or other indirect damages incurred by the Customer.
12.3. The Bank shall not be liable for any refusal to execute a payment order and the resulting damages, if the Bank refuses to execute the payment order based on the Agreement and/or requirements of applicable legal acts of the Republic of Lithuania or the European Union.
12.4. The Bank shall not be liable for any of the following:
12.4.1. Acts or omissions of third parties (including correspondent banks), including the malfunctioning of communication lines, if as a result a payment order is not executed or is executed inappropriately;
12.4.2. Criminal or other unlawful acts of third parties that cause damages to the Customer or other person;
12.4.3. Claims between payers and payees;
12.4.4. The Customer's damages incurred as a result of the suspension of all or several operations or services relating to the Account, if required according to applicable legal acts of the Republic of Lithuania and the European Union or necessary for other reasons not depending on the Bank and beyond the Bank's control.
12.5. The Customer shall be liable in full for failure to implement or appropriately implement or breach of the Agreement and must compensate for all the damages incurred by the Bank, including all imposed fines, sanctions and penalties.
12.6. Where the Customer has any delayed outstanding payments, the Bank shall be entitled to demand that the Customer pay the late charge specified in the Price List from the outstanding amount for each day of delay.
12.7. The financial claims of the Bank and the Customer which appear in connection with the Agreement shall be settled by method of set-off, subject to the Bank's consent.
12.8. The Customer shall be liable in full, if any damages appear as a result of the Customer failing to adhere or comprehensively fulfil the requirements of legal acts, in particular legal acts relating to the prevention of money laundering and terrorist financing. The Customer must compensate in full for the damages incurred by the Bank and/or third parties and pay a fine of EUR 10,000 for each instance of violation in cases where:
12.8.1. Supervisory authorities or other financial institutions (the Bank's partner or other third party) impose on the Bank a fine for acts or omissions, which were caused by the Customer's breach of the provisions of the Agreement or the Customer's failure to appropriately and timely fulfil the provisions of the Agreement;
12.8.2. The Bank's partner (a financial institution) terminates its business relationship with the Bank or closes an account by reason of acts or omission, which were caused by the Customer's breach of the provisions of the Agreement or the Customer's failure to appropriately and timely fulfil the provisions of the Agreement;
12.9. Where the Customer violates the requirements of legal acts relating to the prevention of money laundering and terrorist financing, the Bank may detain the funds transferred to the Bank under this Agreement and/or refuse to execute any one of the payment orders presented by the Customer or other request of the Customer following establishment that the Customer is executing a suspicious financial operation or transaction, irrespective of the amount of the operation or transaction, and/or in the presence of an order of any one supervisory or other authority to detain the funds and/or refuse to execute the Customer's payment order or other request. The Bank shall not be liable for the lawfulness of the actions specified in this clause.
12.10. Where the Customer violates the obligation to provide information within the prescribed term as provided for in clauses 3.3.1, 7.5 - 7.7 (timely provision of information) or provides incomplete/inaccurate information, the Customer must pay a fine of EUR 100 (one hundred euros) for each day of delay after expiry of the deadline for providing the information.
12.11. Where the Customer initiates or the Bank executes the Customer's payment order, which was either identified or not identified, but, following the Bank's request to provide information as envisaged in clauses 7.9 and 7.10 of this Agreement, the information is not provided or the provided information is incomplete/inaccurate, the Customer must pay a fine of EUR 500 (five hundred euros) for each day of delay. The fine shall be calculated from the fourth business day from the date of the Bank's request to provide the respective information.
12.12. The Customer shall be liable and must compensate for all and any damages incurred by the Bank, other customers of the Bank and third parties as a result of the Customer failing to fulfil its obligations under this Agreement, fulfil them appropriately or timely or breaching this Agreement in any other manner, breaching the Conditions of Provision of Payment Services of the Bank and requirements of legal acts.
13.1. The Agreement shall become effective on the date it is signed. The Agreement shall remain effective for an unlimited term until terminated.
13.2. Where State authorities and administration institutions and/or the supervisory authority adopt legal acts that are mandatory for credit institutions, the Bank shall be entitled to unilaterally amend the provisions of this Agreement.
13.3. The Account may be closed according to the procedure prescribed by the Bank and/or legal acts of the Republic of Lithuania and/or the Conditions of Provision of Payment Services of the Bank as well as at the request of the Customer.
13.4. The Customer shall be entitled to terminate this Agreement by giving the Bank one-month notice prior to the date of termination of the Agreement. Following termination of the Agreement, the Account shall be closed and the balance of funds available in the Account shall be paid out to the Customer in cash or, by the Customer's instruction, transferred to another account according to the deadlines and procedure prescribed by this Agreement. Where the Customer does not present an instruction to transfer funds to another account, the Bank shall transfer the funds to the Bank's internal accounts.
13.5. The Bank shall be entitled to unilaterally and immediately terminate the Agreement without giving any prior notice, if:
13.5.1. Any one of the circumstances listed in clause 4.2 of this Agreement is identified;
13.5.2. The Customer fails to fulfil its obligations under Chapter 3 of this Agreement;
13.5.3. The Customer fails to timely provide or refuses to provide the information and/or documents specified in clauses 2.4, 3.3.1, 7.5 - 7.7, 7.9 and 7.10 of this Agreement and requested by the Bank;
13.5.4. The Customer is engaged in any prohibited activities as defined in Chapter 9;
13.5.5. Bankruptcy or insolvency proceedings (including declaration of insolvency) are initiated in respect of the Customer, the Customer's operations are suspended and/or the right to engage in the provision of payment services is restricted or excluded in respect of the Customer;
13.5.6. International sanctions are imposed on the Customer;
13.5.7. The authority supervising the Customer passes the decision to impose disciplinary measures on the Customer by reason of the inadequate operational risk management or inappropriate prevention of money laundering and terrorist financing;
13.5.8. In other cases envisaged in this Agreement, the Conditions of Provision of Payment Services of the Bank and laws of the Republic of Lithuania.
13.6. The Parties hereby agree that, in case of a conflict between the provisions of this Agreement and the Conditions of Provision of Payment Services of the Bank, the provisions of this Agreement shall apply.
13.7. The Agreement is concluded in two equally binding counterparts. Each Party to the Agreement shall receive a counterpart.
13.8. The pre-contractual relationship of the Parties and the relationship of the Parties relating to the conclusion, implementation and termination of the Agreement, liability, jurisdiction, etc. shall be governed by law and legal acts of the Republic of Lithuania.
13.9. The Parties hereby agree to settle all and any judicial disputes in the jurisdiction of the place where the Bank is registered.
1.1. This Accumulation Account Agreement (hereinafter the Agreement) shall regulate the relationship of the legal entity specified in the Agreement that is being incorporated or that has already been incorporated (hereinafter the Customer) and the Public Limited Liability Company Mano Bankas, Company Reg. No. 112043081, registration address: S. Moniuškos g. 27, Vilnius LT-08115 (hereinafter the Bank), that appears as the Customer opens an accumulation account (hereinafter the Account) with the Bank and as funds are credited to the Account for the purpose of accumulating the authorised (share) capital.
1.2. The relationship of the Customer and the Bank appearing by reason of opening the Account and crediting of funds shall also be regulated by the Civil Code of the Republic of Lithuania, other legal acts of the Republic of Lithuania, the Conditions of Provision of Payment Services of the Bank, the Personal Data Processing Rules approved by the Bank and other documents regulating the execution of operations.
1.3. Pursuant to this Agreement, the Bank shall open the Account for the Customer, accept and credit funds to the Account intended for accumulating the authorised (share) capital and execute the Customer's orders regarding the transfer and payment of certain amounts from the Account and execution in the Account of other operations permitted by the Bank, and the Customer shall pay to the Bank for the provided services and executed operations according to the services and operations rates approved by the Bank.
2.1. The Bank hereby agrees, according to the provisions and procedure prescribed by this Agreement:
2.1.1. To open for the Customer the Accumulation Account specified in the Agreement.
2.1.2. To credit to the Accumulation Account transferred funds or funds delivered in cash. To credit the received funds to the Accumulation Account according to the procedure prescribed by the services and operations rates approved by the Bank, which are available on the internet website of the Bank at www.mano.bank and at customer service centres.
2.1.3. The Bank shall provide the Customer with information about the balance of funds in the Account and the operations executed in the Account in an Account statement according to the procedure prescribed by the Conditions of Provision of Payment Services. Account statements with the specified information shall be provided subject to payment of the services and operations rates approved by the Bank.
2.1.4. The Bank hereby agrees to ensure the confidentiality of the Customer, the Account and all operations related to the Account, except in cases provided for by law. The Bank shall only provide information about the status of the Account and the operations related to the Account to the Customer or the Customer's authorised representative. Information about the Customer and the Account may only be provided to other parties without the Customer's consent according to the procedure and in cases prescribed by laws of the Republic of Lithuania and/or this Agreement.
2.2. The Bank may adjust its services and operations rates unilaterally according to the procedure prescribed by the Conditions of Provision of Payment Services.
3.1. Where the Parties agree on the payment of interest in the Special Part of this Agreement, interest shall be paid on the actual amount available in the current account based on the actual number of days, while considering that a year has 360 days and a month has the calendar number of days. Where the balance in the Account is below the minimum balance prescribed by the Bank, interest shall not be paid.
3.2. The accumulated interest shall be paid to the Customer's Account at the end of each calendar month. Where the Customer withdraws all funds from the Account or terminates this Agreement, interest shall be paid on the day the funds are withdrawn or the Agreement is terminated.
3.3. The balance of funds in the Account shall not be increased by the amount of unpaid interest.
3.4. The Bank shall be entitled to unilaterally adjust the rate of interest payable for the balance in the Account, the minimum balance in the Account for which interest is payable and the minimum amount of a one-time supplementation of the Account according to the procedure prescribed by the Conditions of Provision of Payment Services.
4.1. The Customer shall have the following rights:
4.1.1. The Customer shall have the right, according to the procedure and conditions prescribed by the Agreement, to execute in the Account operations permitted by the Bank and intended for forming (accumulating, increasing) the authorised capital and avail of the other services offered by the Bank.
4.1.2. To withdraw funds from the Account and/or transfer them to other accounts indicated by the Customer and to close the Account, if the procedure of incorporation (establishment) of the Customer is terminated and a legal entity is not established (incorporated) and this, pursuant to the incorporation documents and legal acts, qualifies as grounds for refunding contributions to the incorporators or for allocating contributions to other purposes, or if the Customer, within the terms prescribed by legal acts, provides the Bank with documents evidencing that it is a legal entity registered with the Register of Legal Entities of the Republic of Lithuania.
4.2. The Customer hereby assumes the following obligations:
4.2.1. At the time of opening, handling and closing the Account, to provide the Bank with the documents requested by the Bank and evidencing that the Customer is a legal entity being incorporated or a legal entity that has been registered according to the procedure prescribed by legal acts that has the right to accumulate and/or increase funds for the authorised capital and to provide documents confirming the right of the Customer or of the Customer's representative to handle the Customer's Account and to dispose of the funds available in the Account.
4.2.2. In case of any changes in the Customer's name, address, Articles of Association, managers or other persons entitled to dispose of the funds available in the Account, not later than on the next business day of the Bank following the changes referred to above, to visit the Bank and notify the Bank about the changes in the details or revocation of authorisations and/or adjust the sample signatures and seals card and provide other required legal documents. Should the Customer fail to appropriately fulfil the obligations stipulated herein, the Customer shall be liable in full for all the resulting consequences.
4.2.3. To execute payment operations according to the Conditions of Provision of Payment Services of the Bank, the rules approved by the Bank of Lithuania and other legal acts of the Republic of Lithuania.
4.2.4. To pay for the services provided and operations executed by the Bank according to the services and operations rates approved by the Bank.
4.2.5. To immediately notify the Bank about any funds erroneously credited to the Account or withdrawn from the Account. Where the balance in the Account is insufficient for withdrawing any erroneously credited funds, the Customer hereby unconditionally agrees, within 3 (three) business days from the date of receipt of the Bank's request, to refund to the Bank the erroneously credited funds to the account indicated by the Bank.
4.3. The Customer may not assign any of its rights and/or obligations under the Agreement to a third party without the Bank's written consent.
5.1. The Customer hereby confirms that it has familiarised itself with the following:
5.1.1. The services and operations rates approved by the Bank and valid on the day this Agreement is signed, which are published on the internet website of the Bank at www.mano.bank and are available at customer service centres of the Bank, and the Conditions of Provision of Payment Services;
5.1.2. The Deposit Insurance Conditions.
5.2. By signing this Agreement, the Customer's representative declares as follows:
5.2.1. The documents provided by the Customer to the Bank are valid and accurate;
5.2.2. The representative acts within the limits of his/her authorisations, which have been granted to him/her by the Customer without violating any of the requirements of laws of the Republic of Lithuania, the Articles of Association and other incorporation documents of the Customer, regulations adopted by the Customer's management bodies and other legal acts;
5.2.3. The representative is aware that the Bank is entitled to unilaterally amend this Agreement and the applicable rates for the services provided by the Bank according to the procedure prescribed by the Conditions of Provision of Payment Services of the Bank.
6.1. The fact that this Agreement is concluded, the General Part and the Special Part, annexes to the Agreement and any other information received by the Parties in the process of implementing the Agreement shall qualify as confidential and may not be disclosed to any third parties without the other Party's written consent, except in cases envisaged in the Agreement and/or laws of the Republic of Lithuania. Disclosure of information shall not qualify as violation of this clause, if information is provided:
6.1.1. To an audit company, which conducts an audit of the operations and/or financial statements of the Bank or the Customer;
6.1.2. To the Bank's main shareholder, which owns more than one half of all the shares of the Bank, as well as to companies related to the Bank's main shareholder or to the Bank;
6.1.3. To attorneys-at-law who provide legal services to any one of the Parties;
6.1.4. To other parties, if, given the particularities of cooperation with the Bank and such parties, it is necessary to disclose confidential information. The Bank shall act as a controller of the personal data of the Customer (and/or its representatives). The Bank shall process the personal data of the Customer (and/or its representatives) according to the provisions of the General Data Protection Regulation (EU) 2016/679, other applicable legal acts and the Personal Data Processing Rules approved by the Bank, which can be consulted at the Bank's customer service centres and on the internet website of the Bank at https://mano.bank/privatumo-politika.
The Customer (and/or its representative) hereby confirms that it has familiarised itself with the Personal Data Processing Rules approved by the Bank.
Full name and signature of the Customer:
7.1. The Agreement may be concluded at a customer service centre of the Bank or using the e-services system of the Bank. The Agreement concluded via the e-services system of the Bank shall have the same legal power as the Agreement concluded at a customer service centre of the Bank.
7.2. The Agreement shall become effective from the date it is signed and shall remain effective until the date it is terminated. Where the Agreement is concluded via the e-services system of the Bank, it shall be deemed that the Customer has signed the Agreement when the Agreement is verified by the Customer's representative using the identification tools that were provided to him/her.
7.3. The Bank shall be entitled to terminate the Agreement without additional notice, if the Customer does not incorporate a legal entity and does not register it with the Register of Legal Entities of the Republic of Lithuania or no operations are executed in the Account in the course of 6 (six) months. Upon termination of the Agreement, the balance available in the Account shall be transferred to the Customer to another account as instructed by the Customer. Where the Customer does not give any instructions regarding the transfer of funds to another account, the Bank shall transfer the funds to the Bank's internal accounts.
7.4. Where State authorities, administration institutions and/or the Bank of Lithuania adopt any legal acts that regulate the deposits policy (taxation of interest on deposits, setting of interest rates, etc.) and are mandatory for credit institutions, the Bank shall be entitled to unilaterally amend the provisions of this Agreement.
7.5. The Account may be closed according to the procedure prescribed by the Bank and/or legal acts of the Republic of Lithuania and/or the Conditions of Provision of Payment Services of the Bank as well as at the request of the Customer.
7.6. The Customer shall be entitled to unilaterally terminate the Agreement by providing to the Bank together with the written termination application with duly executed documents confirming that a legal entity will not be incorporated, if the Account was opened for accumulating the authorised (share) capital of a legal entity to be incorporated, or that the authorised (share) capital will not be increased, if the Account was opened for accumulating the increase of the authorised (share) capital of an incorporated legal entity, as well as other documents required by law.
7.7. The Parties shall be entitled to terminate this Agreement according to the procedure prescribed by the Conditions of Provision of Payment Services.
7.8. The Agreement is concluded in two equally binding counterparts. Each Party to the Agreement shall receive a counterpart.
7.9. The Agreement shall be concluded and the information related to the Agreement shall be provided in the Lithuanian language and the Lithuanian language shall also be used in the other relations between the Bank and the Customer, except in cases where the Customer opts for a different language that is acceptable to the Bank and that the Bank uses to provide information.
7.10. The Parties' pre-contractual relationship and the Parties' relationship relating to the conclusion, implementation and termination of the Agreement, liability, jurisdiction, etc. shall be governed by law and legal acts of the Republic of Lithuania.
7.11. The Parties hereby agree to settle all and any judicial disputes in the jurisdiction of the place where the Bank is registered.
1.1. The following terms shall be used in this Agreement:
1.1.1. Security and Identification Tools shall mean an identification code (a unique sequence of digits which is used to identify a person at the time of registration with the Bank’s online services system), a temporary password (a unique sequence of digits which is used to verify the identity of a person at the time of registration with the Bank’s online services system and which the User must change when he/she logs in to the Bank’s online services system for the first time) provided to the User by the Bank, an additional security code sent by the Bank's SMS message or any other identification and/or authentication (action authorisation) tool installed at the Bank as selected by the Customer, satisfying the requirements of legal acts, used to identify the Customer and/or User, authorise payment operations or for other instructions and sign transactions. The Bank shall be entitled to unilaterally decide which Security and Identification Tools will be installed and/or abandoned.
1.1.2. Electronic Signature shall mean an electronic equivalent of a regular signature and a person's identity document consisting of certain information in electronic form (Customer name and surname, facial image. device information, time of use, etc.), the whole of which allows the Bank to identify the person using them. An Electronic Signature may be stationary (installed on a chip, USB or other media), mobile (Installed on a SIM card issued by a mobile operator), as well as integrated into the software or otherwise linked with it (e.g. sending a one-time security code by an SMS message, etc.).
1.1.3. Identification and Action Authorisation Tools shall mean an electronic signature, an advanced electronic signature or a qualified electronic signature generated using tools provided by the Bank or by third parties acceptable to the Bank, or other tools specified in the Agreement or other documents published by the Bank, including the biometric data (e.g. fingerprints) saved on and/or scanned by the User’s device, by means of which the User’s identity is confirmed, payment operations are authorised and transactions are signed.
1.1.4. Bank shall mean AB Mano Bankas, Company Reg. No. 112043081, registration address: S. Moniuskos st. 27, Vilnius LT-08115, Register of Legal Entities of the Republic of Lithuania, e-mail hello@mano.bank, phone +370 5 2409389, website www.mano.bank.
1.1.5. Online services system of the Bank shall mean the electronic system for providing Customers with the Bank’s services online, which can be accessed at https://ib.mano.bank/.
1.1.6. Customer shall mean a person, to whom the Bank provides electronic services, whose details are specified in the Special Part of the Agreement and who concludes this Agreement with the Bank and is entitled to perform the actions listed in clause 2.1 of the General Part of the Agreement;
1.1.7. User shall mean the Customer, the Customer’s (legal entity’s) representative or other natural person indicated by the Customer, to which the Customer grants the right to execute Operations via the Bank’s online services system. The same natural person may act as the User and as the Customer;
1.1.8. Operations shall mean actions and operations related to the services provided by the Bank, which may be performed or which may be availed of via the Bank’s online services system.
1.1.9. Notice shall mean the User’s declarations, instructions regarding disposal of funds and/or accounts and/or other notices and information sent to the Bank via the electronic system.
1.1.10. Account shall mean the Customer’s account opened in the Bank.
1.1.11. Agreement shall mean this Electronic Services Agreement concluded between the Bank (acting as the service provider) and the Customer (acting as the service recipient).
1.1.12. Other terms used in the Agreement shall have the meanings provided in the Conditions of Provision of Payment Services, except where otherwise specified in the Agreement.
2.1. The Agreement shall regulate the provision of the Bank’s services via electronic channels, i.e. via the Bank’s online services system, via which the Customer may perform the following actions:
2.1.1. Obtain and print its Account statements;
2.1.2. Present payment orders to payees that have accounts in credit and financial institutions operating in
Lithuania;
2.1.3. Present payment orders to payees that have accounts in credit and financial institutions operating
outside of Lithuania;
2.1.4. Execute other banking operations;
2.1.5. Conclude/terminate a deposit agreement;
2.1.6. Execute currency exchange operations;
2.1.7. Receive and provide information and submit notices and requests;
2.1.8. Perform other actions.
2.2. The User appointed by the Customer, the rights granted to the User, the Operation limits and other information shall be specified in the Special Part of the Agreement and/or annexes to the Agreement, which shall constitute an integral part of the Agreement. The Customer shall be entitled to appoint one or several Users and grant them either identical or different rights and Operation limits.
2.3. The Agreement shall qualify as an arrangement of the Bank and the Customer that may not be revoked unilaterally and that confirms that such agreements concluded (amended, terminated) via electronic channels by the Customer/User, the Customer’s instructions regarding disposal of the Customer’s funds, sent Notices and payment order execution and other actions performed and approved using, according to the procedure prescribed by the Agreement, the Security and Identification Tools provided by or satisfactory to the Bank, including the Identification and Action Authorisation Tools, shall have the same legal effect as signed written documents and may be used as means of evidence in court.
2.4. The Customer may only present payment orders in respect of funds available in current accounts.
2.5. The relationship regulated by the Agreement shall also be regulated by the Civil Code and other legal
acts of the Republic of Lithuania, the Conditions of Provision of Payment Services of the Bank and other documents published by the Bank, which the User can consult on the internet website of the Bank and at customer service centres of the Bank.
2.6. The Bank shall be entitled to suspend the use of the online services system of the Bank for important reasons (technical maintenance, software upgrade or expansion, etc.).
2.7. The Bank shall notify the Customer that the Bank may record the actions performed and the Operations executed by the User in the online services system of the Bank, which, if need be, may be used as evidence of Operations executed via the online services system of the Bank. Where the Customer presents notice verbally, the Bank shall be entitled, according to the procedure prescribed by legal acts, to record the conversation subject to prior notice given to the Customer.
3.1. The parties agree that Operations may be authorised/signed with the Identification and Action Authorisation Tools where the User expresses his/her will by an electronic signature, using codes and passwords sent by the Bank’s SMS message to the mobile phone of the User, as well as the biometric data read and/or saved on the User’s smart device and other tools installed by the Bank, or combinations of the means specified in this clause.
To ensure the secure Operations of the Customer, the Bank shall provide the User with the following Security and Identification Tools:
3.1.1. An identification code; and
3.1.2. A temporary password.
3.2. The Security and Identification Tools required for logging in to the online services system of the Bank shall be provided to the User for the fee set by the Bank and specified in the price list published on the internet website of the Bank at www.mano.bank.
3.3. The Bank must replace the Security and Identification Tools provided by the Bank for the fee specified in the price list published on the internet website of the Bank at www.mano.bank, if the Customer or the User claims that the confidentiality of the tools has been impaired at the fault of third parties or that the tools have been lost.
3.3. The Bank must replace the Security and Identification Tools provided by the Bank for the fee specified in the price list published on the internet website of the Bank at www.mano.bank, if the Customer or the User claims that the confidentiality of the tools has been impaired at the fault of third parties or that the tools have been lost.
3.4. When logging in to the online services system of the Bank for the first time, the Customer may use the Security and Identification Tools provided by the Bank or a qualified electronic signature to confirm its identity. Where, at subsequent logins, the Bank provides such an opportunity and the Customer wishes to use other identification and action authorisation tools (Security and Identification Tools), the Customer must, upon logging in to the online services system of the Bank using the Security and Identification Tools provided by the Bank, activate, in the settings section, the Security and Identification Tool that the Customer wishes to use and implement the other conditions prescribed by the Bank and required for using the tools. Upon completion of the above procedure, the Customer will be able to use the chosen Security and Identification Tool when it subsequently logs in to the system.
3.5. At the time of concluding the Agreement, the Customer (legal entity) may indicate up to 2 (two) Users (natural persons) who will handle the Customer’s accounts in the online services system of the Bank. The Customer that is a natural person may only be the User himself/herself. The Users registered with the online services system of the Bank may be granted different Operation execution rights and different limits. The Customer must indicate which Operation execution rights are granted and which limits are set to a specific User, which accounts the User will be entitled to handle and what requests the User will be entitled to submit. 3.6. The Customer must deem that the User has been duly identified and recognise and deem as signed and approved the Notices and documents sent to the Bank via the online services system of the Bank, if the appropriate Security and Identification Tools have been used.
3.7. The Customer hereby agrees to ensure that the Customer/User use the services of the Bank provided via electronic channels in adherence to legal acts of the Republic of Lithuania regulating settlement, disposal of funds and conclusion of transactions and the Conditions of Provision of Payment Services of the Bank and that the Customer/User do not exceed the authorisations enjoyed by, or granted to them.
3.8. The Customer hereby agrees to take all the required steps to ensure the confidentiality and security of all and any information received in the process of the Customer using the online services system of the Bank. 3.9. The Customer and/or the User may not contest an Operation (e.g. a payment order, a concluded agreement, etc.), if the Operation was executed by the User using the Security and Identification Tools.
3.10. The Customer must protect the Security and Identification Tools and notify the Bank immediately about the loss of these tools or any violations of the confidentiality of the tools according to the procedure prescribed by the Conditions of Provision of Payment Services of the Bank. Where the loss of the Security and Identification Tools is related to unlawful actions of third parties, the Customer must immediately notify law enforcement institutions of that. The User shall be responsible for the Security and Identification Tools provided by the Bank from the moment the User receives them. The Security and Identification Tools provided by the Bank shall be owned by the Bank by right of ownership.
3.11. The Customer hereby agrees to adhere to the applicable Bank services agreements when performing any actions (presenting payment orders, Notices and/or requests, concluding agreements and performing other actions) using the online services system of the Bank.
3.12. The Customer shall be responsible for the protection of any other Security and Identification Tools (issued by parties other than the Bank) that the Customer chooses to use. The Customer must immediately notify the Bank according to the procedure prescribed by the Conditions of Provision of Payment Services of the Bank, if the Customer is aware of, or has grounds to believe that any information related to these tools (username, password, etc.) or other tools (mobile phone, USB data holder, etc.) have become known to, or have been misappropriated by third parties.
3.13. Where the Bank is not notified about the loss of the Security and Identification Tools and/or violation of the confidentiality of the Security and Identification Tools, which occurred either at the fault of, or through negligence of the Customer or third parties, the Bank shall qualify as lawful and implementable any one instruction that is given using such Security and Identification Tools.
3.14. Where, in the process of executing Operations, the Security and Identification Tools were used and/or the Bank reasonably suspects that the respective instruction has been given by a party other than the User, the Bank shall be entitled to refuse to execute the Operation and/or demand that the User or the Customer execute the Operation in another manner acceptable to the Bank.
3.15. The Bank shall recognise and deem as signed and approved by the Customer the Notices received via the Bank’s system about the use of funds available in the Account, the conclusion of agreements and other information, if, at the start of the communication session and at the time of confirmation, where so required by the online services system of the Bank, the appropriate Security and Identification Tools have been used.
4.1. The limit per Operation, the daily Operation limit and the monthly Operation limit shall be set for the User:
4.1.1. The limit per Operation shall mean the maximum amount of money that the User may use to execute one Operation. The standard limit per Operation approved remotely shall be EUR 3 000;
4.1.2. The daily Operation limit shall mean the maximum amount of money that the User may use to execute Operations in the course of one business day of the Bank;
4.1.3. The monthly Operation limit shall mean the maximum amount of money that the User may use to execute Operations in the course of one month. The standard monthly Operation limit approved remotely shall be EUR 10 000.
4.2. The specific limit per Operation, daily Operation limit and monthly Operation limit granted to a specific User shall be specified in the Special Part of the Agreement and/or annexes to the Agreement. The limits specified in the Special Part of the Agreement and/or annexes to the Agreement may be adjusted: for this purpose, the Customer or its duly authorised representative must visit a customer service centre of the Bank and submit an application to adjust the limits; the User that has the administrator rights may also adjust the limits via the Bank’s online services system. The specific maximum limit per Operation, daily Operation limit and monthly Operation limit granted to the Customer in respect of one current Account shall be specified in the Special Part of this Agreement.
4.3. The limits specified in the Agreement shall be calculated by adding up the amounts of the executed Operations. Where the respective limit applies to all the Accounts of the Customer, then the use of such limit shall be calculated by adding up all the Operations executed in all the Accounts of the Customer which are governed by the Agreement.
4.4. Where a set limit is exceeded in the process of executing an Operation, the Bank shall not execute the Operation.
4.5. The Bank shall be entitled to set the general limits unilaterally for Operations carried out via the electronic channels, as well as the limits for the used Identification and Action Authorisation Tools (e.g. the maximum limit using the biometric data for identification).
5.1. The Bank shall block the Customer’s access to the system, if:
5.1.1. The Customer demands this according to the procedure prescribed by the Conditions of Provision of Payment Services of the Bank. An officer of the Bank may ask additional control questions for identification purposes.
5.1.2. The User, after entering its identification code, enters an incorrect password in the system five consecutive times or fails to implement the procedure of signing with a mobile signature three times.
5.2. Where the User forgets its password, or the access to the system is blocked following entry by the User of an incorrect password five consecutive times or the User commits three failed attempts to implement the procedure of signing with a mobile signature, the User shall visit the Bank to have a new password and a new card with an identification code issued.
5.3. The Customer’s application to block the User or revoke the User’s right to execute Operations shall be submitted in writing by visiting the Bank or by phone, following provision of responses to the control questions asked by an officer of the Bank.
6.1. Under this Agreement, the Customer shall grant to the User the right to execute Operations on behalf of the Customer. Any changes in the relationship of the Customer and the User (e.g. termination of employment relations, etc.) shall not affect the validity of the Agreement, i.e. if the Customer does not visit the Bank and does not terminate the Agreement or does not, according to the procedure prescribed by the Agreement, submit to the Bank an application to revoke the User’s right to execute Operations on behalf of the Customer, the User will be entitled to continue to execute Operations on behalf of the Customer via the online services system of the Bank. The Customer shall assume full liability for all and any Operations executed by the User via the online services system of the Bank.
6.2. The provisions of the Agreement shall be binding both on the Customer and the User. The Customer must familiarise the User with the provisions of the Agreement and the Conditions of Provision of Payment Services of the Bank, familiarise the User with the use of the online services system of the Bank and notify the User that the User can contact the Bank according to the procedure prescribed by the Agreement in order to obtain additional information on the use of the online services system of the Bank. After the User signs the provisions of the Agreement it shall be deemed that the User has familiarised himself/herself with the provisions of the Agreement and agrees to abide by them.
6.3. Should the User violate the provisions of the Agreement, it will be deemed that the provisions of the Agreement have been violated by the Customer (where the Customer and the User are different persons). The Customer may not, in respect of the Bank, rely on the fact that the User rather than the Customer has violated the provisions of the Agreement or on the fact that the User has not been familiarised with the provisions of the Agreement.
6.4. All the Security and Identification Tools provided by the Bank shall only be provided to the User that is a natural person and, in case the Customer and the User are different persons, the Customer shall not have any rights to the Security and Identification Tools provided by the Bank to the User.
7.1. The Customer shall pay to the Bank for the Operations executed and other services provided via the online services system of the Bank the fee set by the Bank and published on the internet website of the Bank at www.mano.bank. The fee rates and payment date and periodicity shall be determined based on the rates valid on the respective payment date.
7.2. The blocking of execution of Operations by the User shall not suspend the calculation of fees for the services of the Bank provided under the Agreement and shall not affect the Customer’s duty to pay such fees.
7.3. The User shall use hardware and software at his/her own and/or Customer’s expense and risk. All the costs related to the use of the telecommunications or other services chosen by the User and required for executing Operations via the online services system of the Bank shall be borne by the Customer and/or User.
7.4. The Customer hereby agrees to ensure that the Customer’s Account specified in the Agreement contain sufficient funds for paying the fees payable to the Bank.
7.5. The Customer hereby confirms its consent that the Bank may withdraw the fees payable to the Bank from the Customer’s accounts specified in the Agreement without any separate arrangement for the Security and Identification Tools provided by the Bank to the Customer or for the replacement of such tools and for the use of the online services system of the Bank.
8.1. The Customer shall be responsible for the safe use of hardware, software or other equipment used to identify Users and present Notices and hereby agrees to regularly update the Customer’s antivirus software, e-mail anti-spam software and privacy assurance software. Should the Customer fail to adhere to these requirements, the Bank shall be exempt from any liability or from the duty to fulfil its obligations related to this Agreement.
8.2. The Bank shall not assume any liability for instances where the User is unable to use the online services system of the Bank due to the fact that the Customer does not have the required hardware, software or other equipment or due failures of such hardware, software or other equipment.
8.3. The Bank shall not assume any liability for instances where, due to failures in telecommunications networks or at the fault of companies providing telecommunications services, the User is unable to use the online services system of the Bank or information is lost, distorted, etc. due to failures in telecommunications networks.
8.4. Since the Bank, prior to accepting the Customer’s order for execution, only verifies the information provided in the User’s Notices and the fact whether the appropriate Security and Identification Tools are used, the Customer shall be responsible for the Notices presented both by the Customer itself and by any third parties on behalf of the Customer via the online services system of the Bank, if accurate and correct Notice information is provided and the appropriate Security and Identification Tools are used.
8.5. The Bank shall not be liable for any erroneous information specified in the Customer’s Notice, if such information is accurate and technically correct and is appropriately provided using the Security and Identification Tools.
8.6. The Customer shall be responsible for the security of the Security and Identification Tools and for the non-disclosure of information to third parties. The Customer hereby agrees, as soon as it becomes aware that any third parties have access to information of the Customer’s Security and Identification Tools, to notify the Bank of this according to the procedure prescribed by the Conditions of Provision of Payment Services of the Bank.
8.7. Should the Customer or User fail to abide by the provisions of the Agreement or any other agreements concluded between the Bank and the Customer, the Bank shall be entitled to prohibit the use of the online services system of the Bank without prior notice.
9.1. The fact of conclusion of this Agreement, the General Part and the Special Part of the Agreement, the Conditions of Provision of Payment Services, annexes to the Agreement and all and any information obtained by the Parties in the process of implementing this Agreement shall qualify as confidential and shall not be disclosed to any third parties without the other Party’s prior written consent, except in cases envisaged in the Agreement and/or laws of the Republic of Lithuania. The disclosure of information shall not qualify as violation of this clause, if information is provided:
9.1.1. To the audit company that conducts an audit of the operations and/or financial statements of the Bank or the Customer;
9.1.2. To the main shareholder of the Bank, which owns more than one half of all the shares of the Bank, and to companies related to the main shareholder of the Bank or to the Bank;
9.1.3. To attorneys-at-law who provide legal services to a Party;
9.1.4. To other persons, if, by reason of the particularities of cooperation with the Bank and such persons, confidential information must be disclosed.
9.2. The Bank shall act as a controller of the personal data of the Customer (and/or its representatives). The Bank shall process the personal data of the Customer (and/or its representatives) pursuant to the provisions of the General Data Protection Regulation (EU) 2016/679, other applicable legal acts and the Personal Data Processing Rules approved by the Bank that can be consulted at customer services centres of the Bank and on the internet website of the Bank at https://mano.bank/privacy-policy.
The Customer (or its representative) hereby confirms that it has familiarised itself with the Personal Data Processing Rules approved by the Bank.
Full name of the Customer (the Customer’s representative):
10.1. The Agreement shall become effective from the date it is concluded and shall remain effective for an unlimited term. Each of the Parties shall be entitled to terminate the Agreement in writing or via the online services system of the Bank by giving the other Party notice to that effect 30 calendar days prior to termination. Upon termination of the Agreement, the Bank shall not refund to the Customer the fees paid for the Security and Identification Tools provided by the Bank.
10.2. The rights of the Customer and the User to use the services of the Bank provided via the online services system of the Bank shall be valid until one of the Parties terminates this Agreement unilaterally according to the procedure prescribed by this Agreement.
10.3. The Bank shall be entitled to immediately terminate the Agreement and discontinue the provision of electronic services in writing and/or via the online services system of the Bank in case the Customer uses the services of the Bank provided via electronic channels in violation of the conditions prescribed by the Bank or performs any actions that harm or may harm the operation of the information systems of the Bank.
10.4. In case of any changes in the Customer’s address, phone number, mobile phone number, e-mail address or other details specified in the Special Part of the Agreement or the User’s details specified in the Special Part of the Agreement, the Customer must immediately notify the Bank about that according to the procedure prescribed by the Conditions of Provision of Payment Services. Should the Customer fail to adhere to this requirement, the Customer may not present any claims or counterclaims that the Bank’s actions performed using the last known details of the Customer and, accordingly, the User, do not comply with the Agreement or that it has not received any notices sent using such last known details.
10.5. The Agreement shall be concluded in two counterparts, with each Party receiving a counterpart. Both counterparts shall be equally binding. Where the Agreement is concluded via the online services system of the Bank, it shall be deemed that the Bank and the Customer have each received one counterpart of the Agreement, irrespective of whether a copy of the Agreement is printed on paper or not.
10.6. One Security and Identification Tool of the Bank may be provided to one User of the system.
10.7. The Bank shall be entitled to unilaterally amend and/or supplement the provisions of the General Part of this Agreement according to the procedure prescribed by the Conditions of Provision of Payment Services of the Bank.
10.8. The Customer has been informed and agrees that, in the process of executing a transfer to an account opened in another credit institution, the Bank may act as the sender of money and the Customer in this case shall be specified as the payer in the payment details.
10.9. In case the provisions of the Agreement are amended, the new wording of the entire Agreement shall be prepared and the number of the Agreement shall remain unchanged. The most recent wording of the Agreement shall be valid.
10.10. The pre-contractual relationship of the Parties and the relationship of the Parties related to the conclusion, implementation and termination of the Agreement, liability, jurisdiction, etc. shall be governed by law and legal acts of the Republic of Lithuania.
10.11. The Agreement shall be concluded and information related to the Agreement shall be provided to the User in the Lithuanian language; the Lithuanian language shall also be used in other relations between the Bank and the User.
1. The Standing Order Agreement (hereinafter the Agreement) is an agreement entered into by the payer (hereinafter the Payer) and AB Mano Bankas (hereinafter the Bank), under which the Payer shall instruct the Bank to periodically make payments from the Payer’s account to a beneficiary’s account.
2. By concluding the Agreement, the Bank and the Payer agree that the Payer shall instruct the Bank to make payments with the periodicity specified in the standing order and the Bank shall make payments as provided for in the Agreement. The date of presentation to the Bank of a standing order to make a payment shall qualify as the date of execution of the standing order.
3. The relationship of the Payer and the Bank appearing by reason of the Bank providing the standing order service shall also be regulated by the Conditions of Provision of Payment Services of the Bank, which shall constitute an integral part of the Agreement together with the services and operations rates of the Bank.
4. The Payer shall be liable for the accuracy of the information provided in the Agreement.
5. The Bank shall execute the number of standing orders indicated in the Agreement by the specified date of the last order (inclusively). Where the Agreement does not indicate the date of the last standing order, payments shall be made until the Payer presents a written request to terminate the Agreement to the Bank. Where any details of the Agreement must be adjusted, a new Agreement shall be executed and the earlier Agreement shall no longer be effective. Where the Payer wishes to terminate the Agreement or adjust any of the details contained in the Agreement, the Payer must contact the Bank at least 1 (one) business day before the indicated standing order date.
6. The date of execution of orders shall be determined with consideration of the date of the first order and the periodicity indicated by the Payer.
7. Where the date of an order is not working day or a public holiday (hereinafter the day off), the order shall be executed on the same day if the beneficiary’s account is in the Bank; if the beneficiary’s account is in another financial institution, the order shall be executed on the first business day of the Bank following the day off.
8. The Bank shall only make payments if the Payer’s account contains sufficient funds in the indicated currency for the transfer of the amount specified in the order and for withdrawing the charge for the operation, the account has not been seized and the Payer’s right to dispose of the funds available in the account is not restricted in any other manner.
9. The Bank shall be entitled to not execute standing orders in the cases listed in the Conditions of Provision of Payment Services of the Bank and in other cases not listed in this Agreement where the Bank must prevent money laundering and terrorist financing as well as where any circumstances exist that allow assuming that a person and/or operations executed by a person are related to money laundering and/or terrorist financing.
10. Currency shall be exchanged under the Agreement, if the currency of the account is changed or funds are transferred to another owned account in the Bank. Currency shall be exchanged based on the rate of non-cash exchange set by the Bank on the date of the order.
11. The Payer may conclude with the Bank up to ten concurrently effective currency exchange Agreements. In case where the Payer presents more than ten concurrently effective currency exchange Agreement, the Bank shall be entitled to immediately discontinue the implementation of such Agreements.
12. Where the Payer concludes more than one Agreement and the order dates indicated therein coincide, the orders shall be executed in the sequence in which the Agreements were concluded.
13. The Payer shall pay to the Bank for standing orders the services and operations rates of the Bank valid on the date of the respective order.
14. At the Payer’s request, the Bank shall provide the Payer with a document evidencing the execution of an order.
15. The Bank shall be entitled to, unilaterally and by giving the Payer notice to that effect at least 60 (sixty) calendar days in advance, amend the provisions of the Agreement for important reasons only, provided that the envisaged amendments do not materially worsen the Payer’s position.
16. The Bank shall be entitled to terminate the Agreement by giving the Payer notice to that effect at least 60 (sixty) calendar days prior to termination.
1.1. The Conditions of Provision of Payment Services (hereinafter the Conditions) shall lay down the conditions and procedure of provision of payment services and related services. These Conditions were drafted in accordance with the legal acts regulating the provision of payment services of the Republic of Lithuania and the European Union.
1.2. Where the provisions of these Conditions and the provisions of any agreements concluded between the Bank and the Customer after these Conditions become effective differ, the provisions of the respective agreements shall apply.
2.1. The payment services provider: AB Mano Bankas (hereinafter the Bank), Company Reg. No. 112043081, registration address: S. Moniuškos g. 27, LT-08115 Vilnius, Republic of Lithuania, registered with the Register of Legal Entities of the Republic of Lithuania. The Bank holds Specialised Bank License No. 1 issued by the Bank of Lithuania and granting the right to provide all financial services that are subject to licensing. The supervisory authority of the Bank: the Bank of Lithuania, Gedimino pr. 6, LT-01103 Vilnius, Republic of Lithuania, phone +370 800 50 500. Further information about the Bank of Lithuania is available at https://www.lb.lt.
2.2. Websites of the Bank: www.mano.bank, www.manopaskola.lt.
2.3. E-mail of the Bank: hello@mano.bank.
3.1. The meanings of the terms used in the Conditions shall be as defined below, except in cases where the context of the Conditions requires differently:
Authentication shall mean the procedure whereby the Bank verifies the Customer's identity or the lawfulness of use of a payment instrument, including the personalised security data of the instrument.
Security and Identification Tools shall mean an identification code (a unique sequence of numbers, which is used to identify a person at the time of registration with the Bank’s online services system), a temporary password (a unique sequence of numbers, which is used to verify the identity of a person at the time of registration with the Bank’s online services system and which the User must change when he/she logs in to the Bank’s online services system for the first time) provided by the Bank, an additional security code sent by the Bank by an SMS message or other identification and/or approval (action authorisation) tools implemented by the Bank and chosen by the Customer, satisfying the requirements of legal acts and used to identify the Customer and/or User, approve payment operations or other orders and sign transactions. The Bank shall be entitled to unilaterally decide which Security and Identification Tools will be implemented and/or abandoned.
Bank shall mean the payment service provider whose details are provided in clause 2 of the Conditions.
Business day of the Bank shall mean a day established by the Bank, on which the Bank implements the operations necessary for executing a specific payment operation in which the Bank is involved. The Bank may establish different business days of the Bank for executing individual payment operations and/or providing individual payment services and related services. Unless the Price List, the conditions of provision of a specific service or the respective agreement provide differently, a business day of the Bank shall mean a calendar day, with the exclusion of Saturdays, Sundays, official public holidays established in legal acts of the Republic of Lithuania and days off.
Framework Agreement shall mean an agreement, in which the Bank's duty to open a payment account and the conditions of opening the account may be stipulated and which regulates the execution of individual and subsequent payment operations. These Conditions shall qualify as an integral part of the Framework Agreement.
Electronic signature shall mean an electronic equivalent of a regular signature and a person's identity document consisting of certain information in electronic form (Customer name and surname, facial image. device information, time of use, etc.), the whole of which allows the Bank to identify the person using them. An Electronic Signature may be stationary (installed on a chip, USB or other media), mobile (Installed on a SIM card issued by a mobile operator), as well as integrated into the software or otherwise linked with it (e.g. sending a one-time security code by an SMS message, etc.).
Identification and Approval (Action Authorisation) Tools shall mean an electronic signature, an advanced electronic signature or a qualified electronic signature generated using tools provided by the Bank or by third parties acceptable to the Bank, or other tools specified in the Agreement or other documents published by the Bank, including the biometric data (e.g. fingerprints) saved on and/or scanned by the User’s device, by means of which the User’s identity is confirmed, payment operations or other instructions are authorised and transactions are signed.
Payee shall mean a natural person or a legal entity, other organisation or its unit, which are specified in a payment order as the payee of the funds of the respective payment operation.
Electronic bank shall mean the tool, including the mobile app, by means of which payment services are provided using the online customer service system of the Bank according to the respective agreement concluded by the Customer and the Bank.
Statement shall mean the Bank's document containing information about the operations executed in a payment account over a certain period of time.
Price List shall mean the Bank’s services and operations fees, which, together with all amendments and supplements thereto, shall constitute an integral part of the Agreement and which can be consulted on the Bank's internet website or at customer service centres of the Bank.
Customer shall mean a natural person or a legal entity, other organisation or its unit, which uses the payment services of the Bank as a payer and/or payee.
Commission fee shall mean the Bank’s charge for a payment operation and/or related services, operations related to a payment account as well as payment for other services provided by the Bank.
Credit transfer shall mean the payment service whereby funds are transferred to the payee’s payment account on the payer’s initiative. Where a credit transfer is made in euros in the Republic of Lithuania or to other Member States, such credit transfer shall qualify as a SEPA credit transfer. In all other cases, a credit transfer shall qualify as a non-SEPA credit transfer.
Monthly limit shall mean the maximum amount of payments per calendar month specified by the payer in a specific order to execute an automatic credit transfer.
Payment order shall mean a payer's or payee's instruction (payment order) to the Bank requesting the execution of a payment operation.
Payment operation shall mean an act initiated by a payer, on behalf of a payer or by a payee of placing, transferring or withdrawing funds, irrespective of any underlying obligations between the payer and the payee.
Authorisation of a payment operation (hereinafter the authorisation) shall mean the payer's consent to execute the respective payment operation.
Payment services shall mean the payment services provided by the Bank as defined by the Law on Payments of the Republic of Lithuania.
Payment service provider shall mean any credit institution or other institution providing payment services, which has the right to provide payment services according to the Law on Payments of the Republic of Lithuania.
Payment service user shall mean a natural person or a legal entity, other organisation or its division, which use payment services as payers and/or payee.
Payment account shall mean an account with the Bank opened on behalf of one or several persons and used for executing payment operations. In agreements of the Bank, a payment account may also be called a bank account or an account, unless otherwise required by the context of the respective document.
Payer shall mean a natural person or a legal entity, other organisation or its unit, which have a payment account and allow executing payment operations from that payment account based on payment orders, or a natural person or a legal entity, which presents a payment order to execute a payment operation but does not have a payment account.
Reference exchange rate shall mean the currency exchange rate which is indicated by the Bank or which comes from a publicly available source indicated by the Bank and which is used as the basis for exchanging currencies.
Durable medium shall mean a medium, in which the information addressed to the Customer is stored so that it could be accessible for reference over a period of time corresponding to the purpose of the information and which allows unchanged reproduction of the information stored.
Notice shall mean any one notice given by a Party to the other Party, a statement, certificate, confirmation or other information.
Conditions shall mean these Conditions of Provision of Payment Services, which regulate the provision of payment services and related services, inclusive of all amendments and supplements hereto.
Account shall mean an account opened with the Bank for the Customer, in which Payment Operations may be carried out, including Accounts of restrictive use designed for operations related with other services (credits, deposits) provided by the Bank, .
Agreement shall mean an agreement on the provision of payment services entered into by the Bank and the Customer. An agreement may be the Framework Agreement, a one-time payment agreement and/or other agreement on the provision of payment services.
Parties shall mean the Bank and the Customer collectively; each of the Bank and the Customer may be individually referred to as a/the party.
Internet bank shall mean a service provided by the Bank, by means of which the Customer can, according to the procedure prescribed by the respective agreement, execute payment operations online by logging in to the online services system of the Bank or using other tools prescribed by the Bank according to the Agreement entered into by the Bank and the Customer.
Statement shall mean the Bank’s document, which contains information about the operations executed in a payment account over a certain period of time.
Unique identifier shall mean a combination of letters, numbers or symbols provided by the Bank to the Customer to identify unambiguously the Customer participating in a payment operation and/or the Customer's payment account used for the payment operation. An IBAN shall also qualify as a unique identifier.
Foreign state shall mean a state that is not a Member State of the European Union and not a member of the European Economic Area (EEA).
Member State shall mean a Member State of the European Union and the European Economic Area (EEA).
Consumer shall mean a natural person who, based on the respective agreement, uses the payment services offered by the Bank and acts for purposes other then his/her trade, business or professional activities.
Login code shall mean the user identification code provided by the Bank and consisting of a combination of numbers, which is used instead of the full name and personal ID number and identifies the internet bank user.
One-time payment agreement shall mean an agreement concluded by the Bank and the Customer and regulating a one-time payment operation. The Conditions shall constitute an integral part of a one-time payment agreement. No payment account shall be opened and no Framework Agreement shall be concluded by reason of a one-time payment agreement.
The terms the Bank and the Customer shall be capitalised in the subsequent sections of these Conditions.
4.1. The Framework Agreement:
4.1.1. The Framework Agreement shall be concluded, if the Customer wishes to:
4.1.1.1. Open a payment account with the Bank; and/or
4.1.1.2. Execute individual (single) or repeat payment operations, the execution of which requires the opening of a payment account with the Bank.
4.1.2. It shall be deemed that the Framework Agreement has been concluded when the Bank and the Customer agree on the conditions of opening of a payment account.
4.2. A one-time payment agreement:
4.2.1. A one-time payment agreement shall be concluded, if a payment services user wishes to execute a one-time payment operation, the execution of which does not require opening a payment account with the Bank.
4.2.2. It shall be deemed that a one-time payment agreement has been concluded when the Bank and the Customer agree on the conditions of providing the one-time payment service.
4.3. Other agreements regarding provision of payment services:
4.3.1. Where the Framework Agreement does not contain an arrangement regarding the provision of certain payment services, the Bank and the Customer shall be entitled to conclude individual agreements regarding the provision of such payment services.
4.3.2. Where individual agreements are concluded in respect of certain payment services and a payment account must be opened for the Customer, then the provisions of the Framework Agreement shall additionally apply to the relationship of the parties connected with the provision of such payment services.
5.1. The Customer shall pay to the Bank the commission fee at the rate set by the Bank for the payment operations executed by the Bank and/or other related services.
5.2. The commission fee rate shall be specified in the Price List and/or respective agreements.
5.3. The Bank shall be entitled to withdraw the commission fee and/or other amounts payable by the Customer to the Bank from the Customer's payment account, in which the respective payment operation is executed. The Bank shall also be entitled to withdraw the commission fee and/or other amounts payable by the Customer to the Bank from the other accounts opened with the Bank for the Customer. In cases established by the Bank as well as at the request of the Bank, the Customer shall pay the commission fee to the Bank in cash prior to executing the respective payment operation.
5.4. Where a payment operation is executed using a payment account and the Customer's payment account does not contain sufficient funds for executing the payment operation and paying the commission fee, the Bank shall be entitled to not execute the payment operation.
5.5. Unless the parties agree differently, the commission fee shall be paid in the currency indicated in the Price List.
5.6. The Customer hereby agrees to ensure that its payment account contain sufficient funds for paying/withdrawing the commission fee. Where a payment account contains insufficient funds for paying/withdrawing the commission fee in the currency of the operation, the Bank shall be entitled to apply the reference exchange rate and convert the currency of the funds available in the account to the currency indicated in the Price List.
5.7. The Bank shall not be liable for any damages incurred by the Customer by reason of changes in currency exchange rates.
5.8. Interest for the balance of funds in the payment account shall not be paid, unless the Bank passes a different decision.
5.9. Where, in the process of executing of payment operations, any outstanding amounts due to the Bank appear in the Customer's account, the Customer shall, prior to paying the outstanding amount, pay to the Bank the interest indicated in the respective agreement or in the Price List.
5.10. The Bank shall apply the adjusted reference exchange rate immediately and without giving separate notice. The Customer can find out about any changes to the reference exchange rate introduced by the Bank by visiting the internet website of the Bank or a customer service centre of the Bank, except in cases where the Bank and the Customer agree differently.
5.11. Should the Customer fail to timely pay remuneration for the provided services to the Bank, the Customer must pay to the Bank a late charge of 0.05% for each day of delay.
6.1. The main particularities of payment services shall be described in these Conditions and respective agreements.
6.2. Information that must be specified in a payment order:
6.2.1. The Bank shall credit funds to a payment account or withdraw funds from it based on the unique identifier indicated in the respective payment order received by the Bank. Where, in addition to a unique identifier, a payment order contains any additional information, the Bank shall only be liable for the execution of the payment operation based on the unique identifier indicated in the payment order. At the time of crediting or debiting funds to or from a payment account based on the unique identifier specified in the respective payment order received by the Bank, the Bank shall be entitled to not verify whether the unique identifier coincides with the details of the owner of the payment account or not, but the Bank may, at its own discretion following verification of the additional information provided in the payment order, based on that information refuse to credit funds to the payment account or postpone the crediting until, at the Bank's request, additional payment information from the payment services provider of the sender of the funds is provided to the Bank;
6.2.2. In the process of executing payment orders initiated by the Customer, the Bank shall transfer the information contained in the respective payment order to the payee's payment services provider. The Bank shall be entitled to establish the mandatory information, which must be provided to the Bank for a payment order to be executed appropriately.
6.3. Presentation of consent to execute a payment order and cancellation of a payment order.
6.3.1. The Customer may present consent to execute a payment operation in the form and manner prescribed by the Bank or agreed on by the Bank and the Customer. Written consent must be signed by the Customer or the Customer’s representative. Consent regarding payment operations may also be verified using the Customer’s Security and Identification Tools and/or other methods/tools acceptable to the Bank. Documents verified in this manner shall qualify as documents verified by the Customer and having the same legal force as signed paper documents.
6.3.2. The Customer's consent to execute a payment operation shall be provided before the moment the respective payment operation is executed. By arrangement of the Customer and the Bank, the Customer's consent (authorisation) to execute a payment operation may also be provided after the payment operation is executed.
6.3.3. A payment order may not be revoked after it is received from the payer by the Bank, except in cases listed in these Conditions.
6.3.4. Where a payment operation is initiated by a payee or through a payee, the Customer, which is a payer, may not cancel the payment order after it grants to the payee consent to execute the payment operation.
6.3.5. The payment orders listed in clause 6.4.2 of these Conditions may be cancelled not later than by the end of the business day preceding the agreed-on date.
6.3.6. On expiry of the deadlines specified in clauses 6.3.3 - 6.3.5 of these Conditions, a payment order may only be cancelled by arrangement of the Customer and the Bank.
6.3.7. The Bank shall be entitled to charge the commission fee for cancellation of a payment order at the rate specified in the Price List.
6.3.8. The parties hereby agree that clauses 6.3.3 - 6.3.6 of these Conditions will not apply to the Customer that is a legal entity.
6.3.9. Where the amount of a payment order is refunded for reasons not depending on the Bank (inaccurate payment order details, closed account of the payee, etc.), the refunded amount shall be credited to the payer's account, the commission fee paid by the payer shall not be refunded and the costs of the refund shall be withdrawn from the payer's account.
6.3.10. The Customer shall have the right to adjust the details of a payment order presented to the Bank, with the exclusion of the payment order amount, currency and the payer's account specified in the payment order. A payment order may be adjusted until the moment the Bank sends notice about the payment order to the payee's bank or intermediary bank. The Bank may charge the commission fee specified in the Price List for the adjustment of a payment order.
6.4. Receipt of a payment order at the Bank
6.4.1. A payment order shall be deemed received at the Bank on the date it is actually received, provided that the payment order is received by the time specified in the Conditions. Where a payment order is received at the Bank after the time specified in the Conditions or on a day that is not a business day of the Bank, it shall be deemed that the payment order is received at the Bank on the first business day of the Bank following the date the payment order is presented to the Bank. The Bank shall be entitled to withdraw the amount of a payment order and the commission fee from the Customer's payment account on the date the payment order is presented to the Bank. The Customer must ensure that its account contains a sufficient balance of funds for executing a payment order not only at the moment of presenting the payment order but also at the moment of withdrawing of funds from the payment account.
6.4.2. By arrangement of the Customer that initiates the respective payment order and the Bank, the execution of the payment order may be commenced on a specific date or at the end of a specific time period or, where the Customer is the payer, on the date when the Customer provides the funds to the Bank. In cases envisaged in this clause it shall be deemed that the respective payment order is received at the Bank on the respective agreed-on date. Where an agreed-on date is not a business day of the Bank, the respective payment order shall be deemed received on the next business day of the Bank.
6.5. Deadlines for providing payment services
6.5.1. The Bank hereby undertakes to ensure that, after the moment a payment order is received at the Bank, the funds of the payment operation in euros will be credited to the payee's payment services provider's account according to the following deadlines:
6.5.2. Where the payee's account is opened with a payment services provider registered in the Republic of Lithuania and the payment order is presented in euros: on the same business day, provided that the payment order is received at the Bank on a business day of the Bank by 12:00 p.m.; where the moment of receipt of the payment order is after 12:00 p.m. or a day that is not a business day of the Bank: not later than on the next business day of the Bank.
6.5.3. Where the payee's account is opened with a payment services provider/payee registered in a different Member State and the payment order is presented in euros: not later than by the end of the next business day of the Bank. The deadlines for executing payment orders specified in clauses 6.5.1 and 6.5.2 of these Conditions may be extended by 1 (one) business day where a payment operation is initiated by presenting a paper document.
6.5.4. Where payment operations are executed in the Republic of Lithuania or funds are transferred to other Member States, in currencies other than the currency of the euro zone or foreign currencies and the Customer is the payer, the Bank hereby undertakes to ensure that, following receipt of the respective payment order, the amount of the payment operation be credited to the payee's payment services provider's account not later than within 4 (four) business days of the Bank from the moment the payment order is received at the Bank.
6.5.5. Where payment operations are executed in foreign currencies or currencies of Member States and funds are transferred to foreign states and where the Customer is the payer, the deadlines applicable to the crediting of a payment operation to the payee's payment services provider's account shall be set in the respective agreements, the Price List or other documents.
6.5.6. In the case envisaged in clause 6.4.2 of these Conditions, where credit transfers are executed in euros in the Republic of Lithuania, the Bank shall ensure that the amount of the respective payment operation be credited to the payee's payment services provider's account on the date the payment order is executed, and where the date of execution is not a business day of the Bank - on the next business day of the Bank.
6.5.7. Where the Customer is the payee, the Bank shall ensure that a payment order initiated by the Customer or through the Customer be forwarded to the payer's payment services provider by the deadline agreed on by the Customer and the Bank.
6.5.8. Where cash is deposited into the Customer's payment account in the currency of the payment account, the Bank shall ensure that the funds be available for use by the next business day of the Bank following receipt of the funds. Where the Customer is a consumer, the Bank shall ensure that the funds be available for use as soon as they are received.
6.5.9. In case of execution of payment operations in foreign currencies or currencies of Member States to foreign states, the Bank shall not be liable for any errors committed by any intermediary and/or the payee's payment services provider and/or for failure to meet deadlines for completing a payment order and/or for failure to fulfil/appropriately fulfil a payment order at the fault of an intermediary and/or the payee's payment services provider.
6.5.10. Deadlines for executing other payment services shall be set in the respective agreements, the Price List or other documents (e.g. requests, applications, questionnaires).
6.6. The deadlines for payment services set forth in the Conditions and Agreements may be extended for a time limit defined in legal acts and, where no such deadline has been set, for a time period that is objectively necessary for eliminating the obstacles to the provision of payment services, in the following cases:
6.6.1. The Bank has reasonable doubts about the payment order having been submitted not by the Customer or its legal representative, or about the authenticity submitted to the Bank, or other doubts about the legality of the submitted payment order or its content;
6.6.2. The Bank is provided with conflicting information about persons entitled to dispose of the funds and/or other assets present in the Customer’s account;
6.6.3. The Bank has reasonable suspicions that third parties may illegally use the funds and/or other assets present in the account;
6.6.4. The Bank is provided with evidence-based information about the Customer’s death;
6.6.5. The Customer’s account is attached;
6.6.6. In accordance with the law of the Republic of Lithuania, there are other grounds granting such a right to, or obligating the Bank to do that;
6.6.7. The unique identifier specified by the person initiating the payment order is incorrect;
6.9.8. The Bank has reasonable suspicions that the account is and/or may be used for money laundering and/or terrorist financing and/or for carrying out other criminal activities;
6.9.9. Other grounds provided for in the Conditions, other documents or legal acts binding for the Bank and the Customer exist where the Bank must suspend the payment operation to protect the interests of the Customer or the Bank.
6.7. Should the Bank fail to eliminate the obstacles for the provision of payment services within the term of suspension of the payment operation in the cases provided for in clause 6.6 of the Conditions, the suspended payment operation shall be cancelled and returned to the Payer. Where the Bank takes such actions through the fault of the Customer, User or Payer, the fee set in the Price List shall be charged for the cancellation and return of the payment operation. The Bank shall not cancel and return the payment operation if that is prohibited by legal acts.
6.8. Agreements may provide for a limit of payment operations that may be executed using a particular payment tool and/or Customer identification tool.
6.9. A payment account may not be closed at the request of the Customer, if it is used for providing any payment services and/or executing any payment operations initiated by the Customer.
6.10. Where a payment account may not be closed by reason of legal requirements, the payment account may be closed when the respective obstacles have been removed.
6.11. Execution of payment operations via the internet bank
This clause shall lay down additional particularities of payment operations executed via the internet bank.
6.11.1. Payment operations executed via the internet bank shall be authorised using the Customer’s Security and Identification Tools, which the Customer/User must protect according to the procedure prescribed by these Conditions of Provision of Payment Services. Documents approved in this manner shall qualify as approved by the Customer and having the same legal effect as paper documents signed by the Customer or its representative.
6.11.2. The Bank shall be entitled, without any detrimental consequences for the Bank, to not execute the Customer’s payment orders or suspend the provision of the internet bank service in case of technical obstacles that may harm the internet bank or the Customer, or where there is a threat that the internet bank may be used by persons other than the Customer/User, as well as where payment orders are placed in violation of the internet bank requirements, there are insufficient funds for making all the relevant payments in the Customer’s account or there are other important reasons due to which it is impossible to execute the Customer’s payment orders, including the assurance of the security of the internet bank. The Bank shall notify the Customer about this in the manner specified in these Conditions and/or provide the Customer with an opportunity to familiarise itself with this information in the internet bank. In this case, the provision of the service shall be resumed by decision of the Bank.
6.11.3. The Customer/User must ensure the security of the Security and Identification Tools provided to it, i.e. the Customer/User may not provide them to any third parties and agrees to ensure their confidentiality and not keep them written down on paper or any other items.
6.11.4. In case of a threat that the Customer’s Security and Identification Tools may have become known to third parties (hereinafter lost), the Customer/User must immediately notify the Bank about that in writing or by calling the number indicated on the internet bank website. Where the loss of the Customer’s Security and Identification Tools is related to any unlawful actions of third parties, the Customer/User must immediately notify law enforcement institutions about that.
6.11.5. The Customer, while using internet bank, may enter into transactions with, and submit applications to the Bank as envisaged by the Bank. The Bank shall be entitled to unilaterally terminate the opportunity to enter into all or some of transactions or submit applications using the internet bank, or prescribe other requirements. By granting the right to manage and dispose of the funds available in the Customer’s account(s), the Customer shall provide Users with an opportunity, either jointly or individually, to create certain rights and duties for the Customer and receive the Customer’s personal information and data or data and information that are intended for the Customer only.
6.11.6. Transactions shall be entered into and applications shall be submitted by the Customer filling out the relevant form provided in the internet bank and confirming the fact of the offer (application) to carry out certain actions by means of the Customer’s Security and Identification Tools as well as subject to satisfaction of any other conditions prescribed by the Bank. The Bank shall notify the Customer about the acceptance of the offer according to the procedure prescribed by the Bank. This shall not mean however that the Bank must in any case accept the Customer’s offer or notify the Customer about the acceptance of the offer by giving separate notice.
6.11.7.The Bank may apply payment operation limits prescribed by the Bank to payment operations executed via the internet bank. The procedure of application of payment operation limits and the rates shall be specified in the Agreement.
6.11.8. A list of payment accounts, which the Customer/User will be able to handle via the internet bank, and the Users appointed by the Customer who are entitled to use the internet bank as well as the rights granted to the Users shall be agreed on with the Bank in writing according to the form prescribed by the Bank.
6.11.9. The conditions of management of an account using electronic means shall not qualify as the Bank’s obligation to provide the Customer with an opportunity to actually use the internet bank.
6.11.10. Subject to prior notice to the Customer, the Bank shall be entitled to not accept the Customer’s specific Security and Recognition Tool and change the current and approve new Customer’s Security and Identification Tools acceptable to the Bank.
7.1. Information about individual payment operations executed according to the Framework Agreement:
7.1.1. At the Customer's request and prior to the start of the respective payment operation initiated by the Customer (payer) according to the Framework Agreement, the Bank must provide the Customer with information about the longest possible time required for executing that payment operation (as provided for in clause 6 of these Conditions), the payable commission fee and the distribution of the commission fee (according to the Price List). The Customer may also familiarise itself with the aforementioned information at a customer service centre of the Bank and on the Bank's internet website.
7.1.2. The Bank shall specify in a statement the following information about the payment operations indicated below:
7.1.2.1. Payment operation amounts withdrawn from the Customer's payment account;
7.1.2.1.1. Information, based on which the Customer can identify each payment operation, and information relating to the payee;
7.1.2.1.2. The amount of a payment operation in the currency, in which the amount is withdrawn from the payment account, or in the currency specified in the respective payment order;
7.1.2.1.3. The amount of the commission fee for the respective payment operation and information on how the commission fee is distributed, or interest payable by the Customer (payer);
7.1.2.1.4. The currency exchange rate used by the Bank and the amount of the respective payment operation following currency exchange, where currency was exchanged in the process of executing the payment operation;
7.1.2.1.5. Date of withdrawal of funds from the payment account;
7.1.2.2. Information about the amounts of each payment operation credited to the Customer's payment account;
7.1.2.2.1. Information, based on which the Customer (payee) identifies the respective payment operation and the payer as well as the payment order details forwarded together with the payment operation;
7.1.2.2.2. The amount of the respective payment operation in the currency, in which the amount is credited to the Customer's payment account;
7.1.2.2.3. The amount of the commission fee for the respective payment operation and information on how the commission fee is distributed, or interest payable by the Customer (payee);
7.1.2.2.4. The currency exchange rate used by the Bank and the amount of the respective payment operation prior to currency exchange, where currency was exchanged in the process of executing the payment operation;
7.1.2.2.5. Date of crediting.
7.1.3. The Customer may obtain a statement in the following manners:
7.1.3.1. By visiting a customer service centre of the Bank and obtaining a statement directly from an employee of the Bank;
7.1.3.2. Where the Customer uses the internet bank, the Customer may print a statement independently using the tools provided based on the respective agreement;
7.1.3.3. The Bank may send statements to the Customer by mail or in another agreed-on manner, based on the respective agreement concluded by the Customer and the Bank and/or the Customer's respective request.
7.1.4. Where the Customer is a consumer, it shall be entitled to obtain a statement free of charge, in which statement information about the payment operations executed in the payment account as envisaged in clause 7.1.2 shall be provided, in the following manner:
7.1.4.1. Where the Customer uses the internet bank, the Customer may print a statement independently using the tools provided based on the respective agreement; statements provided in this manner shall be provided free of charge, irrespective of the frequency at which they are provided. The Bank shall be entitled to set a time period, for which information about the executed operations shall be provided in a statement in this manner, but the Customer shall in any case be entitled to obtain a statement in this manner free of charge, which statement, at the Customer's discretion, shall contain information about the operations executed in the payment account over a time period of up to 30 calendar days before the Customer's application or over the respective preceding calendar month;
7.1.4.2. Where the Customer does not use the internet bank, the Customer shall be entitled to visit a customer service centre of the Bank and obtain a statement free of charge directly from an employee of the Bank once per month, which statement, at the Customer's discretion, shall contain information about the operations executed in the payment account over a time period of up to 30 calendar days before the Customer's application or over the respective preceding calendar month.
7.1.5. The Customer must pay the commission fee at the rate set in the Price List for the provision of statements to the Customer that is not a consumer, for the provision of any additional information provided at the consumer's request in addition to the information envisaged in clause 7.1.2 of these Conditions, for a more frequent provision of statements, for the provision of statements in a different manner or using any tools other than those the envisaged in clause 7.1.4 of these Conditions.
7.1.6. The Bank shall be entitled, subject to prior notice to the Customer, to change the method for sending/providing statements.
7.2. Information about one-time payment operations
7.2.1. Where a payment order to execute a one-time payment operation is presented using a payment instrument envisaged in the Agreement, the Bank shall not be obligated to provide the information or provide conditions for familiarising with the information, which has already been provided to the respective payment services user according to the framework agreement concluded with another payment services provider or which has been provided to it according to that framework agreement.
7.2.2. Conditions of execution of one-time payment operations:
7.2.2.1. For a payment operation to be executed appropriately, the Customer must specify to the Bank the unique identifier and/or provide other information requested by the Bank (in the prescribed cases);
7.2.2.2. The longest deadline for executing a payment service is specified in clause 6 of these Conditions;
7.2.2.3. The commission fee payable by the Customer and the distribution of the commission fee amount shall be specified in the Price List;
7.2.2.4. Where currency is exchanged in the process of executing a payment operation, the reference exchange rate shall be used.
7.2.2.5. The provisions of clause 6 shall also apply when executing one-time payment operations.
7.2.3. Upon receipt of a payment order to execute a one-time payment operation, the Bank shall immediately provide the Customer (payer) with an opportunity to familiarise itself in a convenient manner with the following:
7.2.3.1. Information, based on which the Customer can identify each payment operation, and information relating to the payee;
7.2.3.2. The amount of the payment operation in the currency specified in the payment order;
7.2.3.3. The amount of the commission fee payable by the Customer for the payment operation and information on how the amount of the commission fee is distributed (as envisaged in the Agreement and/or the Price List);
7.2.3.4. The reference exchange rate and the amount of the respective payment operation following currency exchange, where currency was exchanged in the process of executing the payment operation;
7.2.3.5. Date of receipt of the payment order.
7.2.4. The commission fee set in the Price List of the Bank shall be charged for the provision of information to the Customer that is not a consumer.
7.2.5. At the Customer's request, the Bank shall provide the information referred to in clause 7.2.3 in writing.
8.1. The Customer that is entitled to use a payment instrument shall have the following obligations:
8.1.1. To use the payment instrument according to the conditions regulating the provision and use of the payment instrument;
8.1.2. Where the Customer becomes aware of the loss, theft, misappropriation or unauthorised use of the payment instrument as well as any facts or suspicions that its Security and Identification Tools data has become known to, or may be used by third parties, to immediately notify the Bank or an entity indicated by the Bank of that, while adhering to the conditions regulating the provision and use of the payment instrument;
8.1.3. At least 1 (once) a month, to check the information in the account about the payment operations carried out in the account. The circumstance that the Customer did not wish the statement to be sent to it shall not exempt the Customer from the performance of this obligation;
8.1.4. To notify the Bank in writing about unauthorised or improperly effected payment operations, as well as about any other errors, inconsistencies or inaccuracies in the statement. The notice shall be given immediately (within 5 (five) business days from learning of the circumstances referred to in this clause) and in any case not later than within 60 (sixty) calendar days from the date when the Bank, in the Customer’s opinion, carried out an unauthorised payment operation or improperly effected a payment operation;
8.1.5. Where the Customer is a Consumer or a natural person engaged in economic commercial or professional activities, he/she shall notify the Bank in writing about unauthorised or improperly effected payment operations without delay (within the time limit set in clause 8.1.4 of the Conditions) and in any case not later than within 13 (thirteen) months from the date of withdrawing the funds from the account. These time limits shall not apply if the Bank has failed to provide this Customer with information about the said unauthorised or improperly effected payment operation, or has failed to provide conditions for access to such information in accordance with the Conditions, the Service Conditions or the Agreement.
8.2. Upon receipt of the payment instrument, the Customer must take steps to protect its Security and Identification Tools data.
9.1. All and any notices, statements, reports, certificates, confirmations and all and any other information, including the conditions of provision of services of the Bank (hereinafter notices), which are provided by the parties to each other, must be written (i.e. the respective document must be executed), with the exclusion of instances envisaged in legal acts of the Republic of Lithuania and/or respective agreements and other documents provided to the Bank (applications, questionnaires, etc.) whereby notices may be provided verbally or must be notarised. Documents sent by means of telecommunications and electronic communications equipment (fax, teleprinter, internet, etc.) shall also qualify as written documents.
9.2. The Bank shall deliver notices to the Customer in person and/or publish them.
9.2.1. In case of Customers that are users of the internet bank, the Bank shall send notices to their internet bank accounts and additionally to their e-mail addresses or notify them by phone, telefax or other telecommunications means.
9.2.2. In case of Customers that are not users of the internet bank, the Bank shall send notices to their e-mail addresses and additionally notify them by phone, telefax or other telecommunications means.
9.2.3. The Bank's public notices shall be published on the Bank's internet website and shall also be available in customer service centres of the Bank. Such notices may be also published in a national newspaper chosen by the Bank (and distributed in a territory that is populated by more than 60% of the population of the Republic of Lithuania).
9.3. The Customer's notices to the Bank shall be delivered or voiced directly to authorised employees of the Bank as well as sent by mail, telefax, telephone and other telecommunications means, by e-mail and via the internet bank. Where the Customer provides verbal notice, the Bank shall be entitled, according to the procedure prescribed by law, to record the conversation subject to prior notice given to the Customer.
9.4. The Bank must ensure the uninterrupted and quality operation of the internet bank and the Bank's internet website (to the extent it depends on the Bank). However, the Bank shall be entitled to elaborate on its information systems and eliminate any identified failures, even if this may cause and/or actually causes disruptions in the provision of information and/or services to customers. The Bank must schedule the works of elaboration on its information systems and elimination of their failures and, where possible, must carry out any such works at night. In the presence of extraordinary circumstances and serious reasons, the Bank, in order to prevent any possible damages that may be incurred by the Customer and/or the Bank, shall be entitled to eliminate failures of its information systems at any time of day/night. The works of elimination of failures of information systems shall be carried out within the shortest time possible. During the works of elaboration on the Bank's information systems and/or elimination of failures, the fulfilment of all the Bank's obligations that are fulfilled using the information systems shall be suspended.
9.5. Each of the parties shall have the right to choose a manner of giving notice, with the exclusion of the instances mandatory according to legal acts of the Republic of Lithuania and/or the respective agreements and other documents provided to the Bank (applications, questionnaires, etc.). A notice of the Bank that is published shall be deemed to have been appropriately given and delivered to the Customer, with the exclusion of the instances mandatory according to legal acts of the Republic of Lithuania and/or the respective agreements, whereby the Bank must give personal notice to the Customer. Any information that constitutes the Bank's secret may only be delivered or communicated in person.
9.6. Notices given by the parties shall be deemed received:
9.6.1. Notices given verbally (as well as on the phone): at the moment they are given;
9.6.2. Notices delivered in person: on the date of delivery;
9.6.3. Notices sent by mail: 5 calendar days (in case of sending to/receiving from outside of the Republic of Lithuania - 14 calendar days) after the date of dispatch;
9.6.4. Notices sent by e-mail, telefax and other telecommunications means: on the nearest business day in the payee's country after the date of dispatch;
9.6.5. Notices published in the internet bank: on the nearest business day in the payee's country after the date of publication;
9.6.6. Published notices: on the date of publication;
9.6.7. Where the payee confirms receipt earlier than specified above: on the confirmed date of receipt.
9.7. An individual’s full name or company name, addresses, phone and fax numbers and other details (hereinafter contact information), which must be indicated when sending notices of the parties, shall be specified in the respective agreements or other documents provided to the Bank (applications, questionnaires, etc.).
9.8. Where an agreement relates to a group of individuals (loan co-debtors, joint account holders, etc.), the Bank shall be entitled to address notices relating to the respective agreement to any one of the individuals of the group. This individual must forward the received information to the other individuals of the group specified in the agreement.
9.9. Where an agreement or other documents provided to the Bank (applications, questionnaires, etc.) do not contain the Customer's contact information, the Bank shall be entitled to send notices using the last contact information provided by the Customer. Where an agreement does not contain the Bank's contact information, the Customer shall be entitled to send notices using the contact information specified on the Bank's internet website.
9.10. The parties must immediately notify each other about any changes in their contact information. At the Bank's request, the Customer must provide the respective documents evidencing the changes in contact information. Should these obligations be not fulfilled, it shall be deemed that notice sent to the other party using the last known details has been sent appropriately and that the respective obligation fulfilled using such details has been fulfilled appropriately.
9.11. The parties must immediately provide to each other information about all and any circumstances, which may be important in the process of implementing the respective agreement. At the Bank's request, the Customer must provide documents supporting the following circumstances, irrespective of whether this information has been provided to public registers or not, as well as documents supporting the following: changes in the sample signature of the Customer or the Customer's representative, initiation and commencement of a bankruptcy or restructuring case against the Customer, liquidation, reorganisation, rearrangement, etc. of the Customer.
9.12. An agreement may provide that the parties must periodically give to each other certain notices relating to the implementation of the agreement.
9.13. Where the Customer does not receive from the Bank any notices, which it had to receive from the Bank according to an agreement or in respect of which it has presented a separate request to the Bank, the Customer must notify the Bank of this immediately.
9.14. Upon receipt of notice from the Bank, the Customer must immediately verify the correctness and accuracy of the information contained in the notice and, in case any inaccuracy, non-compliance or other errors are identified, immediately notify the Bank of that. This clause shall not apply to the Bank's notices, which, given their essence, the respective agreement or legal acts of the Republic of Lithuania, must not be verified and/or confirmed by the Customer.
9.15. Notices sent to the Customer by the Bank may not qualify as the Bank's proposal to the Customer to enter into an agreement or use services, except in cases where the Bank's respective notice contains an express proposal.
9.16. The Conditions and rates shall be published in the Lithuanian language. Agreements shall be concluded in the Lithuanian language. At the Customer's request and subject to the Bank's consent, agreements may be concluded in the English language. The Bank shall be entitled to demand that the Customer compensate for the costs of translation of the respective agreement into a foreign language.
9.17. The Bank's notices given to the Customer personally shall be drafted in the Lithuanian language. The Bank shall also be entitled to draft such notices in the language in which the respective agreement is concluded. Subject to the Bank's consent, the Bank's notices may be drafted in another language requested by the Customer. The Bank's notices published on the Bank's internet website shall be drafted in the Lithuanian and English languages. In all other cases, the Bank's notices shall be drafted in the Lithuanian language.
9.18. The Customer's notices to the Bank may be drafted in the Lithuanian and English languages.
9.19. Where the Lithuanian text of an agreement or other document and the text in the respective foreign language do not coincide, the Lithuanian text shall prevail.
9.20. The documents provided to the Bank must be drafted in the Lithuanian language and/or other language indicated by the Bank. Where any documents provided to the Bank are drafted in a foreign language, the Bank shall be entitled to demand that these documents be translated into the Lithuanian language and/or other language indicated by the Bank by a competent translator acceptable to the Bank. The Bank may also request that the authenticity of the translator's signature be verified by a notary.
9.21. The Bank shall be entitled to request that any documents drafted abroad be legalised according to the procedure prescribed by legal acts.
9.22. The Customer shall be entitled to familiarise itself with the enforced wordings of the Agreement and the Conditions of Provision of Payment Services as well as any other wordings of the Agreement and the Conditions of Provision of Payment Services that were enforced from the date the Agreement was concluded. This information and documents shall be published on the internet website of the Bank; where they are not published and upon receipt of the Customer’s separate request, they shall be provided to the Customer in writing or using other durable medium
10.1. The Customer must immediately notify the Bank in writing about the theft or other loss of the Customer's ID document. This requirement is set in order to protect the Customer's funds against possible illegal acts of third parties.
10.2. The Customer that is entitled to use a payment instrument must adhere to the provisions of clause 8.1 of these Conditions.
10.3. The Bank shall be entitled to block a payment account (i.e. suspend, either in full or partially, payment in full or operations in a payment account) and/or a payment instrument (i.e. prohibit its use either partially):
10.3.1. For objectively justifiable reasons relating to the security of the funds available in the payment account and/or of the respective payment instrument;
10.3.2. In case of suspicions as to the illegal or fraudulent use of the funds available in the payment account and/or of the respective payment instrument or in case of an increased risk of the Customer failing to appropriately fulfil its payment obligation (also through a payment instrument and a credit line);
10.3.3. In case the Customer fails to adhere to the respective agreement;
10.3.4. In case the Bank has justified suspicions that the funds available in the payment account and/or the respective payment instrument may be used illegally by third parties;
10.3.5. In case the Bank has justified suspicions that the payment account and/or the payment instrument may be used or has been used for criminal activities;
10.3.6. In case the Bank receives substantiated information about the Customer's death;
10.3.7. In case the Bank is provided with contradictory information about the persons entitled to represent the Customer;
10.3.8. In case the funds available in the account are seized or the Customer's right to dispose of the funds is restricted in another manner;
10.3.9. In case interbank settlements systems or the global interbank financial market are inoperative, market liquidity decreases, or there exist any other unusual market conditions or important reasons, or in case the risk level is not acceptable to the Bank;
10.3.10. In the cases set forth in clause 6.6 of the Conditions;
10.3.11. In cases envisaged by laws and other legal acts of the Republic of Lithuania, the respective agreement or other contracts concluded with the Bank.
10.4. The Bank shall be entitled to restrict settlements in countries, or with entities associated with high risks or their groups. A list of countries and entities associated with high risks shall be published on the Bank's internet website, and the restrictions applied individually to the Customer or the account shall be published on the Bank’s website, in the Agreement and other documents binding for the Customer.
10.5. A payment account and/or a payment instrument shall be blocked on the Customer's initiative, if the Customer presents to the Bank, according to the procedure prescribed by the respective agreement, the respective request or notifies the Bank that the payment instrument provided to the Customer has been stolen or lost in another manner or that the funds available in the payment account and/or the payment instrument is used or may be used in any other illegal manner. The Bank shall be entitled to demand that the Customer's verbal request to block a payment account and/or a payment instrument be subsequently confirmed in writing or in another manner acceptable to the Bank. Where a payment account and/or a payment instrument is blocked on the initiative of the Customer, the Bank may only cancel the blocking upon receipt of the Customer's written request, unless the respective agreement provides differently. The Bank shall be entitled to replace a blocked payment instrument with a new one.
10.6. In the cases described above, the Bank shall, in the manner specified in these Conditions and/or the respective agreement, notify the Customer about the blocking of the payment account and/or payment instrument and specify the reasons for the blocking, where possible, prior to the blocking of the payment account and/or payment instrument, and in any case immediately after the blocking, except in cases where the provision of such information would undermine security measures or be prohibited according to other legal acts.
10.7. The Bank shall cancel the blocking of a payment account and/or payment instrument (or replace a blocked payment instrument with a new payment instrument) when the reasons for which the payment account and/or payment instrument was blocked no longer exist.
10.8. The Bank shall not be liable for the Customer's damages incurred by reason of blocking of a payment account and/or payment instrument and shall not pay any penalties envisaged in the Conditions and/or the respective agreement, if the blocking was implemented according to the procedure prescribed by the Conditions and/or the respective agreement and in the presence of the conditions envisaged in the Conditions and/or the agreement.
10.9. A payment operation shall only be deemed authorised when the Customer grants its consent to the execution of the operation according to the prescribed form and procedure. The Customer may authorise a payment operation before its execution or following its execution, if agreed on by the Customer and the Bank. Where the aforementioned consent has not been granted, it shall be deemed that the respective payment operation has not been authorised.
10.10. The Customer that is a consumer may at any time by the moment of irrevocability specified in clauses 6.3.3 - 6.3.6 of these Conditions withdraw its consent to the execution of the respective operation. Consent to execute several payment operations may also be withdrawn and in this case all the respective future payment operations shall be deemed not authorised.
10.11. Where the Customer is a consumer and denies having authorised a payment operation that was executed or claims that a payment operation has been executed inappropriately, the Bank shall have the duty to prove that the authenticity of the payment operation had been confirmed, the payment operation had been appropriately registered and entered into accounts and had not been affected by any technical or other disturbances.
10.12. Where the Customer is a consumer and denies having authorised a payment operation that was executed, the use of a payment instrument registered by the Bank shall not necessarily qualify as sufficient evidence that the Customer has actually authorised the payment operation, has acted in bad faith or intentionally or has, due to gross negligence, failed to fulfil one or several of the obligations stipulated in clause 10.2 of these Conditions or the grounds provided for in clause 10.3 of the Conditions exist. Where the Customer is not a consumer, the use of a payment instrument registered by the Bank shall qualify as sufficient evidence that the Customer has actually authorised the respective payment operation.
10.13. Where the Customer is a consumer, the Customer may have to bear the loss of up to EUR 50 that results from unauthorised payment operations, where such loss is incurred by reason of the use of a lost or stolen payment instrument or misappropriation of a payment instrument. Where the Customer is not a consumer, it shall bear all the loss resulting from the aforementioned reasons.
10.14. The Customer shall bear all and any loss resulting from unauthorised payment operations, where the Customer incurs such loss while acting in bad faith or intentionally or through gross negligence fails to take steps to protect the Security and Identification Tools data provided to the Customer and/or fails to fulfil one or several of the obligations stipulated in clauses 10.2 and 10.3 of these Conditions. In these cases, the restriction on the maximum loss amount envisaged in clause 10.13 shall not apply.
10.15. After the Customer gives to the Bank the notice referred to in clause 10.5 of these Conditions, the Customer's loss resulting from a lost, stolen or illegally acquired payment instrument shall be borne by the Bank, except in cases where the Customer has acted in bad faith. In cases where the Bank does not require a safer authentication and the Customer is a consumer, any loss incurred by reason of unauthorised payment operations shall only be borne by the Customer if the Customer has acted in bad faith.
10.16. The Customer will not incur any loss, if a non-authorised payment operation is executed at the fault of the Bank or the Customer (where the Customer is a consumer), prior to the execution of the relevant payment operation, was unable to notice the loss, theft or misappropriation of the payment instrument, except in cases where the Customer has acted in bad faith.
10.17. Where the Bank becomes aware of a non-authorised payment operation, the Bank will, by the end of the succeeding business day of the Bank at the latest, refund the amount of the non-authorised payment operation, restore the balance of the payment account and ensure that, as a result of the non-authorised payment operation, the Customer will not incur any losses related to any interest payable to or by the Customer.
10.18. In case where the Bank has doubts as to the legitimacy of a payment operation or suspects fraud, clauses 10.16 and 10.17 shall not apply.
10.19. Where the Bank does not provide an opportunity to notify, at any time, about a lost, stolen or illegally acquired payment instrument, any loss resulting from the unauthorised use of the payment instrument shall be borne by the Bank, except in cases where the Customer has acted in bad faith.
10.20. The Customer must, at least once monthly, check information about the payment operations executed in its payment account. The fact that the Customer has wished to receive a statement shall not exempt the Customer from the duty to fulfil the aforementioned obligation.
10.21. Where the Customer is a consumer, the Customer must notify the Bank in writing about any unauthorised or inappropriate withdrawal of funds from its payment account immediately, but in any case within 13 months from the date of the withdrawal. Where the Customer is not a consumer, the Customer must send notice referred to herein to the Bank within 60 calendar days from the date the funds are withdrawn.
10.22. Where the Customer does not give the notices by the deadlines set in clause 10.20 of these Conditions, it shall be deemed that the Customer unconditionally agrees to the respective payment operations executed in its payment account.
10.23. The deadlines set in clause 10.20 of these Conditions shall not apply, if the Bank does not provide the Customer with information about any unauthorised or inappropriately executed payment operations or does not provide the Customer with an opportunity to familiarise itself with such information.
10.24. While adhering to the deadlines set in clause 10.20 of these Conditions, after becoming aware or receiving of the Customer's notice and establishing that the respective payment operation has not been authorised by the Customer, the Bank shall immediately, but in any case by the end of the next business day, refund the amount of the unauthorised payment operation to the Customer and restore the balance of the payment account from which that amount had been withdrawn to the amount that would have been had the unauthorised payment operation not been executed, except in cases where liability for the unauthorised payment operation attaches to the Customer.
10.25. Where the Customer, at the time of presenting a payment order for execution, specifies a unique identifier, such payment order shall be deemed properly executed, if it is executed based on that unique identifier. At the time of crediting funds to a payment account or withdrawing funds from a payment account based on the unique identifier specified in the respective payment order received by the Bank, the Bank shall be entitled to not verify/shall not verify whether such unique identifier complies with the full name and/or personal ID No., Company name and/or Company Reg. No. of the owner of the payment account. Where the unique identifier provided by the Customer is erroneous, the Bank shall not be liable for the non-execution or inappropriate execution of the respective payment operation pursuant to clause 10.27 of these Conditions, but must attempt to regain the funds of the payment operation.
10.26. Where the Customer specifies not only the unique identifier but also provides additional information, the Bank shall only be liable for the execution of the respective payment operation based on the unique identifier provided by the Customer.
10.27. Where the Customer (payer) initiates a payment order, the Bank shall be liable for the appropriate execution of the respective payment operation. Where the Bank can prove to the Customer (payer) and, in certain cases, to the payee's payment services provider that the payee's payment services provider has received the amount of the respective payment operation, the payee's payment services provider shall be liable in respect of the payee for the appropriate execution of the payment operation.
10.28. Where liability attaches to the Bank as the payer's payment services provider pursuant to clause 10.26 of these Conditions, the Bank shall immediately refund to the Customer (payer) the amount of the respective non-executed or inappropriately executed payment operation or restore the balance of the payment account from which that amount was withdrawn that would have been had the inappropriately executed payment operation not been executed and ensure that the Customer (payer) do not incur any loss by reason of any interest payable to the Bank or receivable from the Bank.
10.29. Where liability attaches to the Bank as the payee's payment services provider pursuant to clause 10.26 of these Conditions, the Bank shall immediately credit the amount of the respective payment operation to the payment account of the Customer (payee) and/or provide the Customer (payee) with an opportunity to dispose of that amount. Where the Bank, upon receipt of the amount of the respective payment operation intended for the Customer (payee), cannot credit it to the Customer's (payee's) account, the Bank shall immediately, but in any case within 2 (two) business days, refund the amount of the payment operation to the payer.
10.30. At the Customer's request, the Bank shall pay to the Customer for the delayed execution of a payment operation or unjustified restriction on the funds in the account at the fault of the Bank a penalty of 0.02%, for each day of delay, of the amount of the delayed payment operation or of the payment operation unjustifiably restricted at the fault of the Bank.
10.31. The Bank shall not be liable for any additional costs or indirect damages (foregone earnings, income, etc.) incurred by the Customer and relating to a non-executed or inappropriately executed payment operation.
10.32. Where, following initiation by the Customer (payer) of a payment order, the payment operation is not executed or is executed inappropriately, the Bank as the payer's payment services provider must in all cases, at the Customer's (payer's) request, immediately take steps to identify the reasons and notify the Customer (payer) about the search outcome.
10.33. Where the Customer (payee) initiates a payment order or a payment order is initiated through the Customer (payee), the Bank, as the payee's payment services provider, shall immediately forward the payment order to the payer's payment services provider. The Bank, as the payee's payment services provider, shall be liable in respect of the Customer (payee) for the appropriate forwarding of the payment order to the payer's financial services provider.
10.34. Where a payment operation, for which the payee's payment services provider is not liable pursuant to clause 10.32, is not executed, the Bank shall be liable in respect of the Customer (payer) and the Bank shall immediately refund to the Customer (payer) the amount of the non-executed payment operation or restore the balance of the payment account from which the amount was withdrawn.
10.35. Where, following initiation by the Customer (payee) or through the Customer (payee) of a payment order, the respective payment operation is not executed or is executed inappropriately, the Bank as the payee's bank must in all cases, at the Customer's (payee's) request, immediately take steps to identify the reasons and notify the Customer (payee) about the search outcome.
10.36. The Bank shall be liable to the Customer for commission fees and interest, which are attributed to the Customer by reason of the non-execution or inappropriate execution of the respective payment operation at the fault of the Bank. The Bank shall also compensate to the Customer for the interest, which is attributed to the Customer by reason of the delayed execution of the respective payment operations at the fault of the Bank.
10.37. No liability shall attach to the Bank or the Customer in the presence of any extraordinary and unforeseen circumstances, which the party requesting that these circumstances be taken into account could not have controlled and whose consequences would be inevitable despite all effort to prevent them, or where this is envisaged in other legal acts regulating the operations of the Bank.
10.38. The Customer (payer) shall be entitled to regain from the Bank the total amount of an authorised and executed payment operation initiated by the payee or through the payee subject to satisfaction of both of the following conditions: the exact amount of the payment operation has not been specified at the time of authorising the payment operation; the amount of the payment operation exceeds the amount, which the Customer (payer) could have reasonably expected with consideration of its earlier costs, provisions of the respective agreement and other circumstances, with the exclusion of those relating to currency exchange, whereby in the process of executing the payment operation a currency exchange rate agreed on by the Customer (payer) with the Bank was used. Where the Customer (payer), at the time of granting consent to execute payment operations initiated through the payee, specifies a limit of such operations (a single operation or several operations executed over a certain period of time), it shall be deemed that it could have reasonably expected that amount of the respective payment operations.
Where the Customer is not a consumer, the provisions of this clause shall not apply and the Customer shall not be entitled to regain the amount of the aforementioned payment operation.
10.39. At the Bank's request, the Customer (payer) must provide data about the conditions specified in clause 10.38 of these Conditions.
10.40. The Customer (payer) shall not be entitled to a refund of the amounts of any payment operations initiated through the payee pursuant to clause 10.38 of these Conditions, if the payer has granted consent to execute the respective payment operation directly to the Bank and the Bank or the payee has provided to the Customer (payer), in the agreed on manner, information about the to-be executed payment operation or provided conditions to familiarise itself with that information at least 4 weeks before the scheduled date of execution of the payment operation.
10.41. The Customer (payer) that is a consumer shall be entitled to request that the Bank refund the amount of a payment operation initiated through the payee within 8 weeks from the date the funds are withdrawn from the payment account.
10.42. Upon receipt of a request to refund the amount of a payment operation from the Customer (payer) that is a consumer, the Bank shall, within 10 business days, refund the total amount or specify the reasons for which it refuses to refund and the procedure according to which the refusal may be contested.
10.43. Following refund to the payer, in the cases and according to the procedure prescribed by these Conditions above, of the amount of the respective payment operation, the payee (Customer) of the amount of the payment operation must immediately refund to the Bank the amount of the payment operation that was transferred to its (payee's) payment account and agrees that the Bank, according to the procedure prescribed by clauses 5.3 and 5.6 of these Conditions, withdraw the commission fee for the payment operation from its (payee's) accounts in the Bank.
10.44. The Customer is aware that, in the process of executing of the Customer's (payer's) payment order presented to the Bank, foreign credit institutions and payment systems may be obligated, pursuant to laws of the country in which they operate, to disclose information about the Customer (payer) to competent State authorities.
11.1. The Bank shall be entitled to amend an agreement concluded with the Customer, the conditions of provision of payment services and/or the Price List. The Bank shall notify the Customer, which is a consumer, about amendments to the agreement, the conditions of provision of payment services or the Price List at least 60 calendar days before the effective date of the amendments (in case the Customer is not a consumer: at least 30 calendar days before the effective date of the amendments, unless the parties agree differently). The Customer may either agree to or reject the amendments earlier than the proposed effective date of the amendments. The aforementioned notice about amendment of the respective agreement and/or the Conditions and/or the Price List shall be given to the Customer in person and published. It shall be deemed that the Customer agrees to the respective amendments and the amendments shall become effective on their effective date, if the Customer does not notify the Bank about its disagreement before the effective date of the amendments. In this case, the Customer shall be entitled to immediately and without paying any commission fee terminate the respective agreement before the effective date of the amendments.
11.2. Where the Customer does not avail of the right to terminate the respective agreement until their effective date, it shall be deemed that the Customer agrees to the respective amendments.
11.3. The Bank shall be entitled to notify the Customer of any amendments not aggravating the situation of the Customer without observing the above time limits set in this clause. The setting of a commission fee for new services shall not be considered an aggravation of the Customer’s position.
12.1. The Framework Agreement shall remain effective for an unlimited term, unless the agreement provides differently.
12.2. A one-time payment operation agreement shall remain effective until the date of execution of the respective one-time payment operation set in the agreement.
12.3. Other agreements regarding the provision of payment services shall remain effective for the terms set therein.
12.4. The Customer shall be entitled to terminate the Framework Agreement and other concluded agreements by notifying the Bank to that effect at least 30 days prior to termination.
12.5. The Bank shall be entitled to charge the commission fee set in the Price List for termination of an agreement, if the Customer terminates the agreement unilaterally and 6 months have not passed since the date of conclusion of the agreement.
12.6. Where an agreement is terminated by the Customer that is a consumer, the Bank shall provide, free of charge, information about the payment operations executed by the Customer in the respective payment account over the past 36 months. This information shall not be provided where the Customer that is a consumer refuses to receive such information by notifying the Bank of that in writing by means of a paper document or using other durable medium.
12.7. The Bank may terminate an agreement concluded for an unlimited term by notifying the Customer that is a consumer about the termination at least 60 calendar days before the termination date and by notifying the Customer that is not a consumer at least 15 calendar days before the termination date, except in cases where laws provide differently.
12.8. The Bank may also terminate a concluded agreement by notifying the Customer about that 60 (sixty) calendar days before the date of termination of these Conditions, if the Customer has not executed any payment operations for more than 12 (twelve) months.
12.9. The Customer shall pay the commission fee that is regularly charged for payment services proportionally until the date the respective agreement is terminated. Where the commission fee is paid in advance, it shall be refunded proportionally in case the Customer is a consumer.
12.10. Any payment operations initiated under an agreement before the date the agreement is terminated shall be completed according to the provisions of the agreement valid until the date the agreement is terminated, except in cases where the Bank and the Customer agree differently.
12.11. In cases envisaged in the Law on Payments of the Republic of Lithuania, these Conditions or individual agreements, the Bank shall be entitled to terminate the respective agreement immediately or refuse to execute or initiate the respective payment operation.
13.1. All and any agreements concluded by the parties shall be governed by law of the Republic of Lithuania.
13.2. The Customer shall be entitled to submit complaints to the Bank in connection with the Bank's actions, by which the Bank might have violated the requirements of laws and/or agreements regulating the provision of payment services and/or the Customer's legitimate interests. The Bank shall examine customer complaints free of charge.
13.3. The Bank must examine the Customer's written complaints and provide the Customer with a comprehensive, substantiated and documented response in writing within 15 business days from the date the respective complaint is received. In exceptional cases where, for reasons beyond the control of the Bank, the Bank is unable to provide a response to the Customer within 15 business days, the Bank shall sent to the Customer a preliminary response and specify the reasons for the delay to provide the response and the deadline by which the final response will be provided to the Customer. The deadline for providing the final response must not exceed 35 business days.
13.4. Where the Customer believes that the Bank has violated its rights or interests, the Customer shall be entitled to go to court according to the procedure prescribed by law.
13.5. Regarding handling of complaints. Where the Customer is a consumer, the Customer may apply to the Bank of Lithuania to have its dispute with the Bank settled. The Bank of Lithuania is an alternative institution for settling disputes between providers of financial services and consumers. In this case, the Customer must adhere to the following procedure:
13.5.1. Prior to applying to the Bank of Lithuania to have the Customer's dispute settled, the Customer must contact the Bank and specify the circumstances of the dispute and the Customer's claims. The Customer must contact the Bank within 3 months from the date on which the Customer becomes aware of the possible infringement upon its rights;
13.5.2. In case where the Customer is not satisfied with the Bank's response or where the Customer does not receive any response from the Bank by the deadline set in clause 13.3 of these Conditions, the Customer may apply to the Bank of Lithuania to have its dispute settled within 1 year from the date the Customer contacts the Bank. In case the Customer misses the said deadline, the Customer shall lose the right to apply to the Bank of Lithuania in connection with the same dispute;
13.5.3. The Customer may apply to the Bank of Lithuania to have its dispute with the Bank settled:
13.5.3.1. Via the electronic dispute settlement tool Elektroniniai Valdžios Vartai (E-Government Gateway);
13.5.3.2. By filling out the consumer application form, which is available on the internet website of the Bank of Lithuania, and sending it to the Supervision Service of the Bank of Lithuania to Žirmūnų g. 151, LT-09128, Vilnius, Lithuania, or e-mailing it to pt@lb.lt;
13.5.3.3. By filling out an application in a free format and sending it to the Supervision Service of the Bank of Lithuania to Žirmūnų g. 151, LT-09128, Vilnius, Lithuania, or e-mailing it to pt@lb.lt.
13.5.4. Further information about the procedure of examination of disputes is available on the internet website of the Bank of Lithuania at https://www.lb.lt/lt/daugiau-apie-gincius-su-finansiniu-paslaugu-teikeju#ex-1-4.
13.6. Regarding handling of complaints. Where the Customer believes that the Bank has violated the legal acts regulating the financial market, the Customer may submit a complaint to the Bank of Lithuania regarding the possible violations of the legal acts regulating the financial market.
13.6.1. The Customer may submit a complaint to the Bank of Lithuania in writing or by e-mail:
13.6.1.1. By sending a complaint to the following addresses: Totorių g. 4, LT-01121 Vilnius, Republic of Lithuania, or Žirmūnų g. 151, LT-09128 Vilnius, Republic of Lithuania;
13.6.1.2. By sending a complaint to the following e-mail addresses: info@lb.lt or pt@lb.lt;
13.6.1.3. By sending a complaint to the fax number +370 5 268 0038;
13.6.1.4. By filling out the e-link in the respective section of the website of the Bank of Lithuania;
13.6.1.5. In other manners specified by the Bank of Lithuania.
Deposits held with AB Mano bankas are insured at the state-owned enterprise Indėlių ir investicijų draudimas |
|
Limit of protection |
Up to EUR 100 000 per depositor for all deposits held with one credit institution1 |
If you have more deposits with the same credit institution |
All your deposits held with the same credit institution are summed up and the total amount is subject to a guaranteed compensation limit of EUR 100 0001 |
If you have joint accounts with another person (s), |
The limit of EUR 100 000 applies individually to each depositor2 |
The period for payment of deposit insurance in case of default of a credit institution |
10 banking days3 |
Currency of the Deposit Insurance Indemnity payment |
Euros |
Contact information |
State-owned Enterprise Indėlių ir Investicijų Draudimas, Algirdo st. 31, LT-03219 Vilnius, Phone. (8 5) 213 5657, fax (8 5) 213 5546, Email idf@idf.lt |
For more information |
Notes:
1 If a deposit is not repaid because the credit institution is unable to meet its financial obligations, the State-owned Enterprise Indėlių ir Investicijų draudimas shall pay the deposit insurance compensations. The maximum amount of insurance covers for deposits held with a single credit institution is EUR 100 000 per depositor. All deposits held with the same credit institution are summed to determine the amount of the deposit insurance benefit. For example, if a depositor has a savings account with EUR 90,000 and a current account with EUR 20,000, he will only be paid the insurance compensation of EUR 100,000.
In certain cases (when money for sold residential property possessed by the depositor on the basis of the right of ownership is transferred to depositor’s account not earlier 6 months before the date of the insured event); money inherited by the depositor as a heir or legatee; money received by the depositor as a beneficiary under a life insurance contract or an agreement corresponding to its essence in case of death; money received by the depositor as compensation or payment in cases established by law as a result of the death of another person in the course of employment or official duties; payments or compensations for damage caused by violent crimes) deposits are protected by more than a maximum amount of EUR 100 000.
More information can be found on www.iidraudimas.lt.
2 If you have a joint account with another person (s), the security limit of EUR 100,000 applies separately to each co-owner of the deposit.
3 Payment of insurance compensations.
The entity responsible for the deposit insurance system is State-owned Enterprise Indėlių ir Investicijų Draudimas (Algirdo st. 31, LT-03219 Vilnius, Phone (8 5) 2135657, fax (8 5) 2135546, Email idf@idf.lt), website www.iidraudimas.lt.
It will refund your deposits (up to € 100,000) no later than within:
If by 31 December 2023 no deposit insurance compensation is paid within 7 business days from the date of the deposit insured event, from 16 May 2016 at the request of the depositor, he/she shall be paid the share of the deposit insurance compensation to the amount of the minimal monthly salary but not greater than the sum of the depositor’s insurable deposits (advance deposit insurance compensation), payable within 5 working days of the receipt of the request.
If you have not been paid the insurance benefit within these terms, you should contact the State-owned Enterprise Indėlių ir Investicijų Draudimas. More information can be found on their website www.iidraudimas.lt.
Other relevant information
Basically all deposits of retail depositors and companies are insured by the State-owned Enterprise Indėlių ir Investicijų Draudimas.
Exeptions applicable to certain deposits are indicated on the website of the State-owned Enterprise Indėlių ir investicijų draudimas www.iidraudimas.lt. The credit institution will also inform you, on request, whether certain products are insured. If the deposits are insured, the credit institution confirms this also in the account statement.
The following shall not be subject to deposit insurance:
1. Deposits of other credit institutions held in their own account and on their own name;
2. Credit institution's own funds;
3. Deposits which have been the subject of conviction in criminal proceedings for money laundering;
4. Deposits from financial institutions;
5. Deposits of management companies;
6. Deposits of financial brokerage firms;
7. Deposits with no identifiable owners (deposits held in anonymous and encoded accounts);
8. Deposits of insurance and reinsurance undertakings, insurance and reinsurance undertakings established in other member states and third countries;
9. Deposits from collective investment undertakings;
10. Pension fund deposits;
11. Deposits of state and municipal institutions and bodies as defined in the Republic of Lithuania law on the civil service, except for the funds held in the deposit accounts of such institutions and bodies by other persons;
12. Deposits of the Bank of Lithuania;
13. Debt securities and liabilities issued by a participant of the deposit guarantee system itself arising from his/her acceptances and bills of exchange;
14. Electronic money and funds received by an electronic money institution from electronic money holders for exchange into electronic money.
Deposits of the above entities are not subject to deposit insurance, regardless of the laws of the country under which they are incorporated.
Restrictions on payment of deposit insurance benefits:
1 Deposit insurance benefits shall not be paid to:
1.1. For deposits, funds, cash, securities and liabilities not covered by deposit insurance (as stated in this form above);
1.2. To depositors for deposits in an account where no deposit-related transactions have been performed in the last 24 months prior to the date of the deposit insured event and where the deposit amount is less than EUR 10.
1.3. To depositors or other persons who have a right of claim to deposit insurance benefit and who have been convicted of money laundering and/or terrorist financing as a result of a criminal conviction in relation to the lawfulness of the acquisition of the money they hold as deposits.
Postponement of deposit insurance indemnity payment:
In the cases provided for by the Republic of Lithuania Law on Insurance of Deposits and Liabilities to Investors (for more information, see www.iidraudimas.lt), the payment of the deposit insurance indemnity may be postponed, for example, if there is the lack of data substantiating the right to the deposit insurance compensation, or there is dispute concerning the deposit, or the depositor’s right to dispose of the deposit is restricted.
The following shall not be subject to deposit insurance:
1. Deposits of other credit institutions held in their own account and on their own name;
2. Credit institution's own funds;
3. Deposits which have been the subject of conviction in criminal proceedings for money laundering;
4. Deposits from financial institutions;
5. Deposits of management companies;
6. Deposits of financial brokerage firms;
7. Deposits with no identifiable owners (deposits held in anonymous and encoded accounts);
8. Deposits of insurance and reinsurance undertakings, insurance and reinsurance undertakings established in other member states and third countries;
9. Deposits from collective investment undertakings;
10. Pension fund deposits;
11. Deposits of state and municipal institutions and bodies as defined in the Republic of Lithuania law on the civil service, except for the funds held in the deposit accounts of such institutions and bodies by other persons;
12. Deposits of the Bank of Lithuania;
13. Debt securities and liabilities issued by a participant of the deposit guarantee system itself arising from his/her acceptances and bills of exchange;
14. Electronic money and funds received by an electronic money institution from electronic money holders for exchange into electronic money.
Deposits of the above entities are not subject to deposit insurance, regardless of the laws of the country under which they are incorporated.
Restrictions on payment of deposit insurance benefits:
1 Deposit insurance benefits shall not be paid to:
1.1. For deposits, funds, cash, securities and liabilities not covered by deposit insurance (as stated in this form above);
1.2. To depositors for deposits in an account where no deposit-related transactions have been performed in the last 24 months prior to the date of the deposit insured event and where the deposit amount is less than EUR 10.
1.3. To depositors or other persons who have a right of claim to deposit insurance benefit and who have been convicted of money laundering and/or terrorist financing as a result of a criminal conviction in relation to the lawfulness of the acquisition of the money they hold as deposits.
Postponement of deposit insurance indemnity payment:
In the cases provided for by the Republic of Lithuania Law on Insurance of Deposits and Liabilities to Investors (for more information, see www.iidraudimas.lt), the payment of the deposit insurance indemnity may be postponed, for example, if there is the lack of data substantiating the right to the deposit insurance compensation, or there is dispute concerning the deposit, or the depositor’s right to dispose of the deposit is restricted.
1.1. This Term Deposit Agreement (hereinafter the Agreement) shall regulate the relationship of the legal entity or natural person specified in the Agreement (hereinafter the Depositor) and the Public Limited Liability Company Mano Bankas, Company Reg. No. 112043081, registration address: S. Moniuškos g. 27, Vilnius (hereinafter the Bank) arising from the Depositor depositing money into the term deposit account opened with the Bank in the name of the Depositor (hereinafter the Account) and refunding by the Bank of the amount deposited by the Depositor (hereinafter the Deposit) according to the terms and conditions specified in the Agreement.
1.2. The relationship of the Depositor and the Bank arising from the Depositor depositing the Deposit with the Bank and the Bank refunding the Deposit shall also be regulated by the Civil Code and other legal acts of the Republic of Lithuania, the Rules on the Provision of Services of the Bank and the personal data processing principles approved by the Bank.
1.3. The Deposit Agreement shall be concluded with the Depositor visiting the Bank and signing the Deposit Agreement or via the internet bank, if the Depositor has concluded an internet banking agreement or other relevant agreement with the Bank. The Deposit Agreement concluded via the internet bank shall have the same legal power as the Deposit Agreement concluded with the Depositor visiting the Bank and signing the Agreement.
1.4. The Deposit Agreement shall be concluded on the conditions specified in the services and operations rates of the Bank enforced at the time the Deposit Agreement is concluded. At the time of agreeing to the Deposit conditions prescribed by the Bank and concluding the Deposit Agreement with the Bank, the Depositor shall choose a Deposit term, a Deposit amount and currency, an account to which the Deposit will be refunded and an account to which interest will be paid out.
2.1. The Depositor hereby agrees to keep the term Deposit in the Bank throughout the set term that shall commence from the moment specified in clause 8.1 of this Agreement. Where the Deposit Agreement is concluded via the internet bank, the Bank shall, at the time of opening a Deposit account, automatically withdraw the Deposit amount specified in the Deposit Agreement from the Depositor's account in the Bank and transfer it to the Account. Where the Depositor fails to pay the full amount specified in the Deposit Agreement into the Account by the deadline specified in clause 2.3 of this Deposit Agreement, it shall be deemed that the Deposit Agreement has not become effective.
2.2. The Depositor may deposit the amount of the Deposit into the Account in cash at the Bank, by transferring the funds to its current account in the Bank.
2.3. Funds must be deposited into the Account within 5 (five) calendar days from the date the Agreement is concluded.
2.4. The Depositor shall be entitled to withdraw the Deposit before expiry of the term of the Deposit. In this case, the Depositor agrees to notify the Bank of this in writing at least 5 (five) business days before the premature withdrawal of the Deposit.
2.5. In order to withdraw the Deposit in cash, the Depositor shall notify the Bank of this in writing 5 (five) business days in advance.
2.6. The Depositor may not increase or reduce the amount of the Deposit specified in the Agreement or withdraw the Deposit in shares during the term of the Agreement.
2.7. In case of any changes in the Depositor's (legal entity's) heads of administration, representatives or other persons who are entitled to conclude transactions on behalf of the Depositor, the Depositor must immediately notify the Bank of this in writing and provide documents relating to the changes or verified copies of such documents and an extract from the Register of Legal Entities, sample signatures of the heads of administration who will represent the legal entity and sample seals executed according to the prescribed procedure and documents evidencing the changes in the aforementioned details.
2.8. Where the Agreement is concluded via the internet bank or using other telecommunications means, the Depositor that qualifies as a consumer pursuant to legal acts shall be entitled to withdraw from the Agreement within 14 (fourteen) calendar days by notifying the Bank of the withdrawal in writing or in another manner acceptable to the Bank. It shall be deemed that the 14 (fourteen) calendar days term for withdrawing from the Agreement has not been missed, if the notice (given in writing or in another manner acceptable to the Bank) is sent before expiry of the term for withdrawing from the Agreement.
2.9. In case where the Depositor avails of its right to withdraw from the Agreement within 14 (fourteen) calendar days from the date the Agreement is concluded, interest on the Deposit shall not be paid out. The Bank shall transfer the Deposit to the Depositor's account specified in the Agreement and close the Account on the last day of validity of the Agreement.
2.10. The Depositor that qualifies as a consumer pursuant to legal acts shall lose the right to withdraw from the Agreement, if it does not avail of this right within 14 (fourteen) calendar days from the date the Agreement is concluded.
3.1. The Bank hereby agrees, according to the conditions and procedure prescribed by this Agreement:
3.1.1. To open the Account for the Depositor and credit the Deposit amount into the Account according to the procedure prescribed by this Agreement.
3.1.2. To pay an annual interest on the Deposit held with the Bank until expiry of the term of the Deposit.
3.1.3. To ensure the confidentiality of the Depositor, the Account and all the operations relating to the Account, except in cases provided for by legal acts. The Bank shall only provide information about the status of the Account and the operations relating to the Account to the Depositor or the Depositor's authorised representative. Information about the Depositor and the Account may only be provided to other parties without the Depositor's consent according to the procedure and in the cases prescribed by legal acts and/or this Agreement.
3.1.4. To ensure the protection of the collected personal data and to process the personal data according to the procedure prescribed by legal acts and the personal data processing principles approved by the Bank.
3.2. The Bank shall be entitled to unilaterally terminate the Agreement by giving the Depositor written notice to that effect 30 (thirty) calendar days prior to termination. After the Agreement is terminated, interest on the Deposit shall not accrue.
4.1. Interest on the Deposit shall accrue from the day succeeding the day on which the Depositor deposits the Deposit amount into the Account, i.e. interest shall not accrue for the day on which the funds are deposited.
4.2. The Bank shall pay interest on the Deposit to the Depositor on the day succeeding the date of expiry of the term of the Agreement. Where the Depositor, at the time the Agreement is concluded, opts for the periodical payout of interest, interest may be periodically transferred to the interest payout account indicated by the Depositor. In this case, the interest rate set by the Bank shall apply. No interest shall be due on interest.
4.3. Where the Depositor withdraws the Deposit before expiry of the set Deposit term, the Bank shall not pay out any interest on the Deposit.
4.4. Where the Depositor withdraws the Deposit before expiry of the set Deposit term and interest has been paid out, the amount of the Deposit to be refunded shall be reduced by the amount of the paid out interest.
4.5. Interest shall accrue on the actual amount available in the Account, assuming that a year has 360 days and a month has 30 calendar days.
4.6. The interest rate applicable to the Deposit with the term expiring after at least one year may be adjusted by decision of the Bank. The Depositor shall be notified of this by registered letter, or via the internet bank, or to the e-mail address indicated by the Depositor at least 10 (ten) calendar days before the interest rate is adjusted. Where the Depositor does not express in writing its wish to terminate this Agreement within 10 (ten) calendar days from the date the notice is sent, the Bank shall pay on the Deposit the adjusted interest rate approved by the Bank from the first day of the succeeding calendar month. Where the Depositor expresses its wish to terminate this Agreement within 10 (ten) calendar days from the date the notice about the adjusted interest rate is sent, the Agreement shall be terminated and the Deposit shall be refunded to the Depositor together with the accrued interest for the actual term the Deposit was kept in the Bank.
4.7. The Bank shall be entitled to unilaterally amend the provisions of the Agreement related to interest while disregarding the remaining term until expiry of the Deposit term, if the State authorities, administrative authorities and/or the Bank of Lithuania adopt any legal acts regulating the deposit policy (payment of taxes on deposit interest, setting of interest rates, etc.) that are binding on credit institutions.
5.1. The Depositor hereby represents and confirms that:
5.1.1. The Depositor has familiarised itself with the Deposit Insurance Conditions. The Deposit Insurance Conditions shall constitute an integral part of this Agreement. The Depositor may also consult the Deposit Insurance Conditions on the internet website of the Bank.
5.1.2. The Depositor is aware that the Bank is entitled to unilaterally amend this Agreement in the cases and according to the procedure prescribed in this Agreement.
6.1. At the Depositor's request, the Bank shall, using the method of extension of the Agreement indicated by the Depositor, automatically extend this Agreement for the same term for which it was concluded. Where the Bank does not accept any deposits for such a term, the Agreement shall be extended for the closest term for which the Bank accepts deposits. During the extended term, the Deposit shall be subject to the interest rate that set by the Bank for deposits of this term on the day the Agreement is extended. The Depositor shall agree to the new conditions prescribed by the Bank, if, by the date on which the Deposit is automatically extended, the conditions prescribed by this Agreement are amended.
6.2. With consideration of the method of extension of the Agreement indicated by the Depositor, if, upon expiry of the set Deposit term, the Depositor does not withdraw its funds on the day specified in the Agreement, the accrued interest amount will be transferred to the Depositor's current account (the method of extension excluding interest) or to the Deposit account (the method of extension including interest). Upon extending the Agreement, the interest accrued in the Account will be transferred to the interest payout account, provided that the Depositor has opted for this at the time of signing the Agreement.
6.3. The number of automatic extensions of the Deposit Agreement shall not be limited; the automatic extension clause shall be cancelled at the Depositor's request to that effect.
7.1. Where the Depositor believes that the Bank has infringed upon its rights or legitimate interests, the Depositor must first of all contact the Bank in writing within 3 (three) months from the date on which the Depositor became or ought to have become aware of the infringement upon its rights or legitimate interests and specify its claim and the circumstances of the dispute. The Bank shall examine an application of the Depositor that qualifies as a consumer pursuant to legal acts and provide a response to the application within 15 (fifteen) business days from the date the application is received, in other instances within 30 (thirty) business days, unless laws provide differently. The Bank shall examine the applications referred to herein free of charge. Where the Depositor that qualifies as a consumer pursuant to legal acts is not satisfied with the Bank's response or where the Depositor does not receive a response within the time limit referred to above, the Depositor shall be entitled, within 1 (year) from the date of applying to the Bank, apply to the Bank of Lithuania, address: Žirmūnų g. 151, LT-09128 Vilnius, website: www.lb.lt, and request a preliminary extrajudicial dispute resolution according to the procedure prescribed by legal acts. The requirements applicable to the application are prescribed by the Law on the Bank of Lithuania of the Republic of Lithuania, the Law on the Protection of Consumer Rights of the Republic of Lithuania and other legal acts of the Republic of Lithuania.
7.2. The other rights of the Depositor and the remedies for defending the possibly infringed rights and legitimate interests are provided for in the Law on the Protection of Consumer Rights of the Republic of Lithuania, the Civil Code of the Republic of Lithuania and other legal acts of the Republic of Lithuania.
8.1. The Agreement shall become effective from the day on which the Depositor or other person deposits the full Deposit amount into the Account. Where the Deposit is deposited into the Account by wire transfer, the Agreement shall become effective from the day the full Deposit amount is credited to the settlement account in the Bank.
8.2. The Bank shall be entitled to unilaterally amend the provisions of this Agreement by notifying the Depositor of this in writing 30 (thirty) calendar days in advance. The Bank may not unilaterally change the Deposit term or the interest payable on the Deposit that are set at the time the Agreement is concluded or extended, except in the cases envisaged in clauses 4.6 and 4.7 of the Agreement. Where the Depositor does not agree to the provisions of the Agreement unilaterally amended by the Bank, the Depositor shall be entitled to visit the Bank and terminate the Agreement prematurely. In this case, the Agreement shall be terminated on the 5th (fifth) calendar day from the date the Depositor visits the Bank and declares in writing that it wishes to terminate the Agreement. In the case of premature termination of the Agreement referred to herein, the Bank shall pay out to the Depositor the interest on the Deposit accrued before the date the Agreement is terminated.
8.3. The Agreement shall remain effective until the Deposit and interest have been refunded/paid out in full.
8.4. The pre-contractual relationship of the Parties and the relationship of the Parties relating to the conclusion, implementation and termination of the Agreement, liability, jurisdiction, etc. shall be governed by law and legal acts of the Republic of Lithuania.
8.5. The personal data of the Depositor shall be processed according to the personal data processing principles approved by the Bank and constituting an integral part of this Agreement. The Depositor hereby confirms that it has familiarised itself with these conditions and agrees to abide by them. The Depositor may familiarise itself with the personal data processing principles on the internet website of the Bank and/or at customer service center of the Bank.
8.6. In case the Deposit Agreement is concluded in writing when the Depositor visits the Bank, the Agreement shall be signed in two equally binding counterparts, with each Party receiving one counterpart of the Agreement.
Company name |
Company code |
Company address |
|
Website |
Phone number |
JSC „Vertikalus dangus“ | 305088516 | Olimpiecii st. 5, Vilnius | info@creditking.lt | https://creditking.lt | +37061310007 |
JSC Altero LT | 304896733 | Perkunkiemio 13-91, Vilnius | info@altero.lt | www.altero.lt | +37068033033 |