These Terms of Service is legal agreement (the “Agreement”) between private limited company Orbios Payment Ltd.(legal entity code 13343937) of the United Kingdom and the Client of terms of Orbios Payment Ltd. services. This Agreement is adopted in accordance to the laws of the United Kingdom.
The purpose of these Terms is to establish general principles governing the relationship between Orbios Payment Ltd.(hereinafter referred to as Orbios) and the Client and establishing the rights and obligations of the Parties arising from the Services provided by Orbios, to the extent not provided for by the Services Agreement (special provisions) between the Parties on the use of services provided by Orbios.
The following terms when used in these T&C or any document referred to herein shall have the following meaning:
Agreement - an agreement between the Customer and Orbios Payment Ltd. consisting of these Terms & Conditions and a registration form completed by the Customer at the moment of registration of Personal Profile in the System.
Account - Customer’s Electronic money account opened with Orbios Payment Ltd., which holds electronic money
Alternative Payment Method or APM - means a payment method (other than Card) which Orbios is able and have agreed to process: e-wallets, payments from the phone account, other.
– a day, when the Company provides its services, set by the Company. The business day is the day, which is not Saturday, Sunday or other national holiday day, set forth by the legal acts of the United Kingdom.
Confidential Information – means any information which is marked as “Confidential” or “Proprietary” or should be reasonably expected to be confidential having regard to the context of disclosure or the nature of the information; including, without prejudice to business plans, data, strategies, methods, customer and Customer lists, technical specifications, transaction data and customer data shall be deemed confidential
Client – the natural person who has registered in the Company System and created Orbios Account.
Card - payment card branded as, but not limited to, Visa, Visa Electron, MasterCard or Maestro that shall be used as a means of payment when conducting the Transaction
Customer identification - Customer’s identity verification under the procedure specified by these Terms & Conditions and the System requirements
Commission fee – a fee charged by the Company for a payment operation and/or related services
Customer Support – Orbios customer support, which can be reached by sending a message through the “Contact Us” facility on the Website, Personal Area or by emailing Orbios at email@example.com or via any other means of communication provided by Orbios.
Electronic money – the money transferred to and held on the Orbios Account for execution of Payment Operations and expressed by its monetary value.
Services – means the services provided by the Company under these T&C
Payment order – an order from the Payer or the Payee (payment transfer) for the provider of payment services to execute a payment transaction
Payment transaction – an act, initiated by the Payer or on his behalf or by the Payee, of placing, or transferring funds, irrespective of any underlying obligations between the Payer and the Payee
Payer – means a natural or legal person who holds a payment account and allows a Payment order from that payment account, or, where there is no payment account, a natural or legal person who gives a Payment order
Payee – means a natural or legal person who is the intended recipient of funds which have been the subject of a Payment transaction
– a software solution developed by Orbios or its partners’ solutions and used for provision of Orbios Services (e. g. Account, etc.).
Website – means the Company’s website www.orbios.money
Wallet - means sub-account opened in Customer’s Account with chosen by the Customer Base currency
- SCOPE OF THE AGREEMENT
- These Terms of Service is a legal agreement (hereinafter “Agreement”) between Client and Orbios. For the use of additional services, Client may have to accept additional terms and conditions as notified to the Client when Client ordering or using such services.
- This Agreement determines the main terms and conditions between Client and Orbios when the Client registers in the Orbios System, opens an Account and uses Services provided by Orbios.
- The Client shall be entitled to use Client Account only for business needs. The Client cannot use Services to test prepaid card, money transfers behaviors. Any other use will be considered as a material breach of the Agreement and it will be terminated by the Orbios.
- The Customer acknowledges that:
- Orbios is not a credit institution (bank) and Customer’s Account is not a bank account;
- Orbios does not act as the trustee, fiduciary or escrow holder in respect of E-Money on the Customer Account;
- E-Money held within Orbios will not earn any interest and Muvon does not pay interest on any balances in Customer’s Account
- Registering And Use Of Personal Profile
3.1 Only the Customer who has completed an application for Personal Profile registration in the System and to whom a Customer’s Account has been assigned and who has simultaneously become acquainted with the Terms & Conditions of the Agreement and expressed its consent to comply with them, is entitled to use the Services offered by Orbios in the System.
3.2 .Prior to registration in the System and entering into the Agreement, the Customer shall confirm it complies with the following criteria during the validity of the Agreement:
3.2.1 the Customer is a private individual or Representative of the legal entity;
3.2.2 the Customer is at least 18 years old;
3.3 Upon agreeing with the Terms of Service, Client hereby irrevocably authorize Orbios to request any information and documents, regardless of its form, related to Clients identification and verification (including, without limitations, a copy of Clients representatives (e.g. CEO, COO, CFO, etc.) name and personal details (date of birth, nationality), details of ultimate beneficial owners (natural persons) and percent of shareholding, details of authorized share capital, full names of the members of the Board of Directors, any other documents and data) from the Client and/or any Registry, credit institution or a financial institution who has or had identified it, or has or had a business relation with the Client.
3.4 In order to perform an identification procedure Orbios has the right to demand from the Client to provide original documents or their copies or copies of documents certified by an authorized person by the law.
3.5 The Customer has a possibility to get acquainted with these T&C before registering in the Company’s system which are available on the Company’s website both in English language. After the Customer reads the current version of these T&C, the Customer shall mark the relevant “check-box” by pressing “yes”. In case if Customer chooses to press “no” or does not mark any “check-box”, it means that contractual relationship is not started between the Company and the Customer.
3.6 All information the Client provide to Orbios must be complete, accurate and truthful. The Client always must inform and update this information whenever it changes, Orbios cannot be responsible for any financial loss arising out of Client’s failure to do so. Orbios has right to ask the Client at any time to confirm the accuracy of their information and/or provide additional supporting documents.
- Customer identification
4.1 During acceptance and authorization process Orbios has a right to request information and the Customer is obliged to provide such information to the Orbios, including, but not limited to, identification of the Customer. Orbios may further request any additional information that is necessary in accordance with anti-money laundering laws and regulations and Customer understands and acknowledges and accepts the requirement to provide Orbioswith any requested information within 2 (two) Business Days, otherwise Orbios may suspend and/or close Account, in accordance with these Conditions;
4.2 It is the obligation of the Customer to provide (and Orbios has right to request accordingly from time to time) up-to-date information on all Customers and Orbios, therefore, has the right to request any additional information from time to time which the Customer shall be obliged to provide. If the information is not provided, Orbiosreserves the right to unilaterally terminate the relationship with the Customer with immediate effect
4.3 Orbios has the right to request copies of the documents certified by a notary and/or translated into at least one of the languages acceptable to Orbios. All documents and information are prepared and provided at the expense of the Customer. If the Customer does not provide additional information and/or documents within a reasonable time set by Orbios, Orbios has the right to suspend the provision of all or a part of the Services to the Customer.
4.4 Once the documents and information provided by the Customer is checked by the Orbios, the Customer is entitled to start to use the Services provided by Orbios and the Customer’s account.The Account is personal and only the Customer has a right to access and use Services within it and only in the frame of stated and declared activity and purposes in the application for the Account (in case planned activity and purpose changed — a new application for the Account shall be submitted for the review to Orbios).
- Services provided by the Company
5.1 The funds held on the Client Account are considered as Electronic Money. Once the Client transfers or deposits money to the Client Account, the Company issues Electronic Money at the nominal value of the Client’s transfer or deposit. Subsequently, the Company credits the Electronic Money to the Client Account. Client Account allows to send, receive or redeem Electronic Money at its nominal value.
5.2 All Electronic Money funds of Client are held in segregated bank account or accounts. The Client shall retain the ownership of the funds transferred for the issuance of Electronic Money. Electronic Money is held separately from Orbios own funds and cannot be used by Orbios for operational purposes and are unavailable to general creditors in the unlikely event of Orbios ceasing to operate or becoming insolvent.
5.3 The Client confirms understanding that Orbios Payment Account is not bank account, by accepting this Agreement.
5.4 Orbios Account in addition to other functionalities, enables Client to execute SEPA payments, convert currency, execute SWIFT payments, if such service is available in Personal Area.
5.5 The currency exchange rates are published in Personal Area and/or on the Website.
5.6 Orbios Services include:
5.6.1 Sending bank transfers to other bank accounts or payment service provider’s accounts in the form of SWIFT/SEPA transfers.
5.6.2 Receiving bank transfers to the Orbios Account from other banks’ or payment service providers’ accounts.
5.6.3 . Exchange of currency in the Orbios Account.
5.6.4 Money transfers between Wallets held in different currencies.
5.6.5 Providing the acquiring solutions
5.7 The Client may hold Electronic Money in any currencies which are supported by Orbios
5.8 Before using Orbios Account the Client must be authorized by the Client authenticating using personalized security features.
5.9 It is strictly prohibited to use Client Account for the funds obtained as a result of criminal activity or use the Services/Account for any illegal purposes, including but not limited to, fraud, money laundering and/or terrorist financing in such case Orbios will report any suspicious activity to the relevant competent authority immediately.
5.10 The Client agree and accept all the risks associated with maintaining balances in multiple currencies including any risks associated with fluctuations in the relevant exchange rates over time. The Client undertakes not to use Services for speculative trading.
- Transactions - deposits, withdrawals, internal transfers and payments, cryptocurrency
- 6.1 Deposits.
6.1.1 To upload money to Orbios Account the Client needs to log in to Personal Area and follow the steps as they appear on screen.
6.1.2 The Customer may purchase electronic money by using one of the “Deposit” methods available to the Customer depending on certain criteria, e.g. country of residence, etc. The Customer must provide the information requested and pass all identity and security validation and verification checks prior to the receiving of acceptance by Orbios, which shall allow depositing funds to the Account. For any Deposit, the Customer authorizes Orbios to obtain and receive funds on behalf of the Customer from the payment source chosen by the Customer, less any applicable Fees, and to issue electronic money to the Customer’s Account;
6.1.3. If Orbios has reasonable doubts regarding legality or origin of the money Orbios may request the Client to provide justification of the money and refuse to upload money until Orbios is convinced of the legality of the origin of the money. Client must provide any such information requested by Orbios within 2 (two) Business Days. If failed to reply, Orbiosmay refuse any Payment Operation used to top up the Account and/or notify appropriate institutions.
6.1.4 The Client understands that they are responsible for the accuracy and completeness of the payment details entered for the purpose of topping up OrbiosAccount and agrees that in no event Orbios be held liable for any losses the Client may incur because of inaccurate payment information.
6.1.5 “Deposit” via Visa or MasterCard that has been successfully processed and electronic money has been purchased and deposited into Customer’s Wallet accordingly may not be cancelled by the Customer and no refund is available. To redeem the money deposited via Visa or MasterCard the Customer shall process with “Withdrawal” of electronic money to his Visa or MasterCard, however respective Fees may apply.
6.2.1 The Client may at any time request to withdraw Electronic Money held in Orbios using different methods.
6.2.2 The Client can transfer the appropriate amount of Electronic Money from the Client Account to their bank or other payment service provider account and withdraw the cash according to the terms and fees of the respective bank/payment service provider. In such an event for Electronic Money transfer the Payment Order terms are applicable.
6.2.3 The Customer understands and expressly agrees that Orbios may only proceed with the Withdrawal of Customer’s funds into an account that is held in the Customer’s name (Customer is the account holder and beneficiary of the account) at a credit institution, i.e. bank or into an account that is held in Customer’s name at payment institution that has established cooperation with Orbios.
6.2.4 The Customer understands and accepts that Orbios may be requested by law to impose certain limits on amounts of Withdrawal of electronic money and/or impose special requirements and/or refuse to withdraw Customer’s funds until the information is submitted by the Customer and all requirements under the law are fully satisfied.
6.2.5 When setting up withdrawal request, the Client must ensure that the information they provide is correct and complete. Orbios will not be responsible for money sent to the wrong recipient or wrong amount as a result of incorrect information provided by the Client.
6.3 Payments from the account
6.3.1 The Customer may make Payments to other Customers and/or Customers that accept Orbios transfers by entering Orbios E-Money System. The Customer is obliged to specify the purpose of the Payment, which shall conform with the specified nature of business in the Customer application for the Account opening. When all the fields are filled in OrbiosE-Money System will calculate and show the transfer Fees;
6.3.2 To set up internal Payment Order via Client Account, the Client must provide certain information to Orbiosincluding payment amount, beneficiary’s name, beneficiary’s account details, amount to be transferred, payment details (description of the payment) and/or other required information.
6.3.3 By making Transaction the Customer expressly confirms that all the data entered is correct and shall bear the full responsibility if any mistake appeared in the entered data
6.3.4 The Customer fully acknowledges that after proceeding Transaction the Customer may no longer cancel or amend the Transaction. Thus, by making Transaction the Customer irrevocably gives instructions to Orbios to proceed with it and does not intend to cancel or alter it
6.4 Internal transfers
6.4.1 The Customer may make “Internal transfers” between Wallets held in different currencies. During the Internal transfer process spot exchange rate will be displayed, however, the Customer expressly accepts that he/she understands and acknowledges that the spot exchange rates are only indicative. After proceeding the Transaction, chosen by the Customer amount will be internally transferred between Wallets held in different currencies.
6.5.1 Orbios E-Money System allows Customers to buy from the Orbios cryptocurrency.
6.5.2 Orbios will use reasonable efforts to deliver the purchased cryptocurrency to the Customer at the earliest reasonable time. The Customer acknowledges that the delivery of the cryptocurrency purchased by the Customer may be completed separately from the payment process, and it may take time for the cryptocurrency transfer to be processed. The Customer also acknowledges that on some occasions, Orbios may not be able to fulfil Customer's purchase order or deliver the cryptocurrency.
6.5.3 The Customer understands and accepts the risks involved in buying and selling cryptocurrency, including the fact that Orbios cannot guarantee that any cryptocurrency will have, at any time in the future, a certain value (if any) or market liquidity. There is no guarantee that the Customer will be able to sell the cryptocurrency to any third party at a later time, and at no event, will Orbios be obligated to purchase from Customer any cryptocurrency, whether bought from the Orbiosor otherwise.
7.1 By executing the Agreement, the Client undertakes to settle for Orbios Services provided based on this Agreement.
7.2 The Customer acknowledges and understands that he/she is obliged to read and acknowledge Fees prior to instructing Orbios to make any Transactions. The Fees document contains all applicable interest rates, commissions and fees for Services provided by Orbios, thus the Customer shall observe these at all times
7.2 In case the Transaction initiated by the Customer requires a currency exchange, the current spot rate provided by the liquidity provider will be applied
7.3 Orbios reserves the right to introduce new services and to, therefore, introduce new charges which the Customer obliges to pay in accordance with these Conditions. New charges that are favourable to the Customer may be introduced without prior notice
7.4 The Customer remunerates the Orbios for opening, maintenance and closing of Accounts, execution of the Transactions and other services in accordance with the Fees. The Customer is obligated to get himself/herself acquainted with the Fees and/or exchange rates.
7.5 Changes to exchange rates shall come into effect immediately without notice and the Customer shall not have the right to object to such a change
7.6 The Client agrees:
7.6.1. that if there are not enough funds in the Client Account for the Fee of Payment Plan and/or for the other recurring Fees, Orbios may suspend the provision of Services until enough funds are credited to Client Account to pay overdue Fees. The Client is personally liable for any resulting damage and agrees to pay Orbios 0.05 percent interest on each day of delay from the unpaid Fees. Orbios will first deduct the Clients arrears for recurring Fees and interest directly from Client’s Account when enough funds are available.
7.6.2. that Orbios will not execute the Payment Order placed by the Client if there are insufficient funds in the Client Account for such transaction Fees.
7.7 The Client is responsible for any taxes which may be applicable to payments Client make or receive, and it is responsibility of the Client to collect, report and pay the correct tax to the appropriate tax authority.
8.1 Without limiting Orbio’s rights or remedies under these Conditions or any applicable law, if the Customer cancels, chargebacks or reverses an electronic money purchase, the Customer is responsible for paying Orbios funds equal to the par value of the electronic money purchased, plus applicable fees. Orbios may, at its discretion, recover the amount of a cancelled purchase or chargeback of electronic money by reducing the balance on the Customer’s account or otherwise collecting the amount from the Customer. Orbios may charge Customer the fees and expenses Orbios incurs in connection with a chargeback and action undertaken to challenge the same.
9. Security and authorization
9.1 The Client must always keep username and password of logging in to Personal Area safe and never disclose it to third parties.
9.2 If the Client suspects that Client Account or other personalized security features are being lost, used without their authorization, stolen, or otherwise compromised, the Client must contact Customer Support immediately and change password of Personal Area. Any undue delays in notifying Orbios may affect the security of Client Account and result in being Client responsible for financial losses.
9.3 For Security reasons the Client has no right to authorize third parties to access their Personal Area, to initiate payments from Client’s Account.
9.4 If the Client has lost funds in the Account due to payment which the Client did not authorize or due to fraud, the Client must to inform immediately (not later that one calendar day) when the Client noticed that. Orbios will use its best efforts to suspend the payment, and/or to return the funds to the Client Account. Orbios shall not be liable for any loss of Client’s funds if it was result of fraud
9.5 If the Client does not follow the instructions of security and authorization indicated in the Agreement, the Client shall be responsible for any and all lost funds and damages in relation thereto.
10. Account closure
10.1 The Client shall not pay any Fee upon termination of this Agreement, unless, less than 6 months have elapsed from the date of entry into force of this Agreement. If Client wants to close the Client Account earlier than 6 months of using Services, Client must pay applicable Fee.
10.2. The Client may close Orbios Account at any time by contacting Orbios Customer Support and after paying closure Fee if applicable as stated in 10.1 of this Agreement.
10.3. At the time of closure, if the Client still have money in Client Account request to close the Account will be declined and the Client will have to contact Customer Support again once funds have been withdrawn.
If the Client receives a confirmation about Account closure the Client will no longer have access to Personal Area, Client Account and any wallets that the Client owned related to Orbios Account will be blocked.
10.4 The Client has no right to close Client Account to avoid the investigation of fraud, money laundering, indebtedness and the like. If Client attempts to close Client Account during such investigation, Orbios may hold Clients’ funds and Client Account data until the investigation is fully completed in order to protect Client, Orbios or/and third party’s interest.
10.6. The Client will continue to be responsible for all obligations related to Orbios Account even after it is closed.
11. Personal data and confidentiality
11.3 The Client agrees that Orbios shall transfer Client’s representatives and/or shareholders (natural person) Personal Data to partners (data processors), payment service providers and other third parties for the purpose of exercising Orbiosand/or Client rights and obligations under this Agreement. The Client confirms that they have the right to give such consent to Orbios.
11.4. Each of Parties agree not to disclose the existence or contents of this Agreement to any third party without the prior written consent of the other Party except: (i) to its advisors, attorneys or auditors who have a legal need to know such information, (ii) as required by law or court order (e.g. law enforcement institutions, state authorities, financial institutions, etc.).
Restricted activities on the account
12.1 Orbios does not accept payments from or to sanctioned countries and territories in accordance with the laws, regulations and internal policies;
12.2 Orbios does not provide services to Customers, who are engaged in restricted activities. For the purposes of these Conditions, the restricted activities are:
12.2.1 breach of these Conditions; breach of law, statute, contract or regulation;
12.2.2 breaches of Orbios copyrights, patents, trademarks or any other intellectual property rights;
12.2.3 provision of false, inaccurate or misleading information;
12.2.4 failure to provide information as requested by Orbios;
12.2.5 send or submit to Orbios documents that Orbios reasonably believes to be fraudulent;
12.2.6 attempt any action that might lead to unjust enrichment during the dispute;
12.2.7 usage of anonymising proxy;
12.2.8 use services provided by Orbios that may result in dispute, claim, fines etc.;
12.2.9 disclose information of other Customers to third parties;
12.2.10 facilitate any viruses, Trojan horses, worms or other computer programming tools that may make damage to Orbios E-Money system.
13. Amendments of the agreement
13.1 The Client agrees that Orbios is entitled to unilaterally amend the conditions of the Agreement.
13.2. Orbios shall inform the Client in a written notice or notice on another durable medium (e.g. Client’s registered email; notification on Personal Area) no later than prior 60 (sixty) calendar days before any amendments (incl. supplements) of terms of the Agreement.
13.3. In case the Client disagrees with any amendments the Client can terminate this Agreement immediately by sending an email to Customer Support and inform Orbios during the notice period. If the Client has not objected to the amendments within notice period, the Client shall be deemed to have accepted them from the first day after end of notice term.
13.4. Any amendments and supplements shall be deemed to be an integral part of the Agreement and shall have the same legal power as the Agreement.
14. Suspending and closing an account
14.1 Customer may close Customer’s account upon a 1 (one) month prior notice to Orbios. To do so, the Customer must notify the Orbios of the Customer’s decision to close the Customer’s account. At the Customer’s request, Orbios may agree to close the Customer’s account immediately. The Customer’s account is closed immediately if Orbios receives notice from the Customer that Customer does not agree with changes to these Conditions. If Customer closes Customer’s account, Customer is responsible for cancelling pending transactions from Customer’s account and any pending electronic money transfers to Customer’s account.
14.2 Orbios shall have the right to terminate the Agreement by providing a written termination notice by email at least 30 (thirty) calendar days in advance if:
14.2.1. The Client poses too high risk of any illegal or unlawful activities, money laundering and/or terrorist financing;
14.2.2. bankruptcy proceedings are initiated against the Client at any stage and/or there are reasonable doubts about the Client’s solvency;
14.2.3. the Client failed to submit necessary information required by Orbios;
14.2.4. the activities or any actions of the Client may harm Orbios or third parties, including harm of business reputation, image or brand;
14.2.5. the Client has otherwise materially breached the Agreement (e.g. did not pay for services on time, etc.) or the breach is continuous.
14.3 The Client terminates the Agreement, the issued electronic money is returned to the Client by terms of “Closing Account”.
14.4 Termination of the Agreement does not exempt the Parties from appropriate execution of all liabilities that were applicable towards the Parties before the termination.
14.5 Orbios will give a notice of any suspension or restriction and the reasons for such suspension or restriction as soon as it can, either before the suspension or restriction is put in place, or immediately after, unless notifying the Client would be unlawful or compromise our reasonable security measures.
15. Applicable law
15.1 These Conditions are governed by the laws of United Kingdom;
In carrying out any activities under this Agreement, the Parties shall observe applicable laws and regulations and rules of international payment system (such as but not limited to Visa Europe, MasterCard Worldwide).
16. Third party rights
No term of this Conditions is intended to confer a benefit on or to be enforceable by, any person who is not a party of this Conditions.
17. Liability of the Company for proper execution of Payment operation
17.1 Orbios is liable for Client’s loss and direct damage only caused by Orbios fault or unlawful conduct or if such liability is provided by law.
17.2 Orbios shall not be liable for any loss, damage, or delay to the Client or any third party arising through no fault of Orbios, improper action or omission.
17.3 Orbios is not liable for any loss or damage caused by a virus, or other technological attacks or harmful material that may infect Client’s computer equipment, computer programs, data or other proprietary material related to use of Orbios Services.
17.4 Orbios is not liable for errors and late or missed transactions made by banks, payment service providers, payment systems and other third parties beyond Orbios control.
17.5 Orbios is not liable for damages arising from any suspension and/or the restriction of the Services and/or Account made by this Agreement.
17.6. Limitations of Orbios liability shall not be applied if such limitations are prohibited by the applicable law.
17.7. The Client is liable for breaching Orbios System with viruses, logic bombs or other materials which are malicious or technologically harmful.
17.8. Orbios may recover amounts the Client owed to Orbios through legal means, including, without limitation, using a debt collection agency, attorney’s and others.
18. Final Provision
18.1 This Agreement is made between ORBIOS PAYMENT LTD
, registered at Dns House, 382 Kenton Road, Harrow, Middlesex, United Kingdom, HA3 8DP, legal entity code 13343937, and the Client.
18.2 The Client verifies that he/she is at least 18 years of age before entering into the Agreement.
18.3 This Agreement shall enter into force and become valid indefinitely when the Client registers in the System, gets acquainted with the terms of the present Agreement and expresses consent to comply with these terms. The Agreement concluded indefinitely.
18.4 The Parties hereby agree that the language of the Agreement shall be English.
18.5 . The Agreement shall be governed by the legislation of the United Kingdom. Any dispute arising out or of in connection with this Agreement shall be referred relevant court of United Kingdom.