TERMS AND CONDITIONS
Access and use of the OpenPay application and website are subject to the following terms and conditions:
By accessing and using the OpenPay application and website, you accept the following terms and conditions, without limitation or qualification. Unless otherwise specified, the content of these applications also refers to its web page, but without limitation to the text and images contained herein and their arrangement, are the property of OpenPay. All trademarks used or referred to within the OpenPay application are the intellectual property of Deviqon Labs S.R.L.
Nothing contained in this application shall be construed as granting you, by implication, exclusion or otherwise, any license or right under any copyright, patent, trademark or other intellectual property right of OpenPay or any third party.
This application and the content provided within it, including, but not limited to, graphics, audio, video, html code, buttons and text, may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without the prior written consent of OpenPay, except that you may download, display and print one copy of the materials on any computer solely for your personal, non-commercial use, provided that you do not modify the material in any way and keep intact all copyright, trademark and other proprietary notices.
The information provided on this application is free of charge and is provided for informational purposes only, as provided by the final beneficiary of the payment. Links on this application may lead to services or sites that are not operated by OpenPay. The accuracy of the information provided by the final beneficiary of the payment is the sole responsibility of the latter, and OpenPay assumes no responsibility for such other sites or services. A link to another site or service does not constitute an endorsement of that site or service. Any use you make of the information provided on this site, or of any site or service to which you link from this site, is at your own risk.
This application and its content are provided "as is", and OpenPay makes no representations or warranties of any kind regarding the data provided by recipients of payments accessible through the application. OpenPay expressly disclaims all express and implied warranties. In no event shall OpenPay be liable to any party for any direct, indirect, incidental, special, exemplary, consequential or other damages (including, but not limited to, lost profits, business interruption, loss of programs or data) regardless of the form of action and whether in contract, tort, negligence, tortious liability, or otherwise, arising out of or in connection with this site, any content on or accessed through this site or any site service linked to, or any copying, display or use thereof.
OpenPay maintains this site in Cluj-Napoca, Romania and by accessing this application you agree that these terms of use and any legal action or proceeding relating to this site will be governed by the laws of Romania.
You are responsible for compliance with the laws of the jurisdiction from which you access this site and you agree that you will not access or use the information on this site in violation of such laws. Unless otherwise expressly provided herein, any information transmitted by you through this site will be considered non-confidential and generic, not carrying any intellectual property right.
By agreeing to this, you as a user of the application declare that you have the legal right to transmit such information and you agree that you will not transmit any information unless you have the legal right to do so. Due to the open nature of the Internet, we recommend that you do not send information that you consider confidential.
I. Definitions and terms
Acceptance of payment transactions - payment service through which a payment service provider, based on a contract concluded with the payee, accepts and processes payment transactions for the purpose of transferring funds to the payee;
The OpenPay application hereinafter referred to as the Application - Deviqon Labs Company is the owner of the rights, through which the user can make electronic payments in the online environment, to various service providers, (the payee)
Authentication - procedure that allows the payment service provider to verify the identity of a payment service user or the validity of the use of a particular payment instrument and which includes the use of the user's personalized security elements;
Company - Deviqon Labs S.R.L. Company which owns all rights to the OpenPay application;
Digital content - goods or services which are produced and supplied in digital format, the use or consumption of which is carried out only through a technical device and which do not in any way include the use or consumption of goods and services in physical format;
Direct debit - payment service through which the debiting of the payer's payment account is initiated by the payer's beneficiary based on the consent given by the payer to the payee, the payment service provider of the payee or the payer's payment service provider;
Framework contract - a payment service contract which regulates the execution, in the future, of individual and successive payment transactions and which may contain the obligation to set up a payment account, as well as the conditions for its establishment;
Funds - banknotes and coins, scriptural money or electronic money, as defined by the legislation on the activity of issuing electronic money;
Means of distance communication - any means which, without the simultaneous physical presence of the payment service provider and the payment service user, can be used for the conclusion of a payment service contract;
Operational risk (for payment systems) - The risk that operational factors, such as technical failures or operating errors, cause or amplify risks. Own funds - items as defined in art. 4 par. (1) point 118 of Regulation (EU) no. 575/2013;
Outstanding receivables - Trade receivables, amounts to be recovered, credits granted including based on values received in pension, not reimbursed on maturity, as well as unauthorized debit balances (overdraft) of current accounts; interest receivables not collected on maturity; interest receivables, calculated and not reached maturity, related to receivables and/or outstanding interest.
Payment - The transaction carried out by the user through which he pays an amount of money to the final beneficiary of the amount, under a service contract existing between them;
Payment transaction - action initiated by the payer or by another person in the name and on behalf of the payer or the payee with the aim of depositing, transferring or withdrawing funds, regardless of any subsequent obligations between the payer and the payee;
Payment institution - a legal person authorised to provide payment services within the territory of the European Union and the European Economic Area;
Payment transaction authorization - expression of the payer's consent to make the payment;
Payee - intended recipient of the funds that were the subject of a payment transaction;
Payment instrument - any personalised device and/or any set of procedures agreed between the payment service user and the payment service provider and used by the payment service user to initiate a payment order;
Payer - the holder of a payment account and who has expressed his/her consent to the execution of a payment transaction from that payment account or, if there is no payment account, the person who gives a payment order;
Personal Data - any information relating to an identified or identifiable natural person, directly or indirectly, in particular by reference to an identification number or to one or more factors specific to his physical, physiological, mental, economic, cultural or social identity,
Remote payment transaction - payment transaction initiated via the Internet or via a device that can be used for distance communication;
Risk - The probability that an outcome will not occur as expected. Risk can be measured, and is thus distinguished from uncertainty. In financial terms, risk refers to the probability of a financial loss.
Single payment transactions - occasional payment transactions that do not fall under a framework contract, but are considered to be part of a contract;
Strong customer authentication - authentication that is based on the use of two or more elements included in the category of knowledge held (something that only the user knows), possession (something that only the user possesses) and inherence (something that represents the user) which are independent, and the compromise of one element does not lead to the compromise of the reliability of the other elements, and which are designed in such a way as to protect the confidentiality of the authentication data;
Systemic risk (for payment systems) - The risk that the inability of a participant in a payment system or in a financial instruments settlement system, or more generally in financial markets, to meet its obligations arising from its participation in the system, or that a malfunction of the system will cause other participants in the system or other financial institutions in the financial system to be unable to meet their obligations as they fall due, which may cause significant liquidity or credit problems and, consequently, may endanger the stability of that system or of the financial markets.
User – any natural person over 18 years of age who registers or uses the OpenPay Application or any legal entity that registers or uses the OpenPay Application.
Unique identification code - a combination of letters, numbers or symbols communicated to the payment service user by the payment service provider and which is to be provided by the payment service user for the purpose of precisely identifying the other payment service user and/or his payment account for a payment transaction;
II. Using the application
As a result of registering your data in the Application and creating a user account, the OpenPay Application offers you the opportunity to manage and pay invoices received from third parties, or to make various payments.
By using the OpenPay application, the user will accept the Terms and Conditions of Use of the OpenPay Application. In the event that legal regulations require it, the OpenPay Application may request you to prove the legitimacy of your capacity by requesting the provision of additional information or documents. And in this situation, the Application will not process the Personal Data provided within the additional information / documents provided except for the purpose of proving the legitimacy of the User.
How does the OpenPay app work?
Connect your accounting software, government portals, payroll systems and any other relevant payment source with just a few clicks. OpenPay will gather all the payment data you need.
Our intelligent engine organizes your salaries, invoices, taxes or other payment items in a unified interface, everything is automatically indexed for quick reference and easy filtering.
Once you are ready to pay, simply select the items, schedule or initiate payments and confirm via integrated OpenBanking. Multi-factor authentication ensures secure authorizations. Through the app you can monitor your initiated payment in real time as it progresses through each stage, with status updates and live notifications. Download or share digital receipts for your personal records.
Conditions for creating a user account
Creating a user account containing the following information: name, surname, email address, password. The data provided must be current and correct. OpenPay assumes no responsibility if it has used the data provided by the User incorrectly. The purpose of requesting and processing this information by OpenPay is described in the personal data processing policy.
Only after completing the form and creating an account in the Application will it be possible to use the OpenPay Application.
OpenPay Liability
OpenPay assumes no liability for the accuracy of the data provided by Users. For technical reasons, the OpenPay Application may not function, the user being informed of this when opening the Application.
OpenPay assumes no liability, under any circumstances, for any direct or indirect damage caused and for any direct or indirect loss of profit suffered as a result of using the services offered by the Application.
Payments made through the OpenPay Application are processed in accordance with the information in the notification displayed by the Application, after making a payment. Each payment is recorded with the date of the day on which the payment was made by the banking unit. The Company will not be liable for any damage or loss that may arise from the delay in payments made through the Application or as a result of the improper functioning of the Application, due to objective circumstances.
Third-party sites
The Application and the Site contain links to other websites, for whose content the Company is not responsible. Access to these websites is subject to the terms and conditions of each website. The Company has no liability for the content of these websites.
The Company owns all rights to the content of the Application and the Site (including, without limitation, images, texts, trademarks, logos, web graphics, scripts, applications and databases).
These Terms and Conditions may be modified unilaterally by the Company. In the event of their modification, we will notify the user in order to communicate these changes and to request the user's express agreement with respect to the new changes.