Privacy Policy

1.1. The present General Terms and Conditions represent the Agreement (Contract) between FINTECH MILLENIUM EOOD, a company registered in the Commercial register and the register of non-profit legal entities with the Bulgarian Registry Agency, having its company number 205424599 and with its seat and business address at 2 Nikolay Haitov str., entrance G, floor 5, apartment 13, 1113 Sofia, Bulgaria (below referred to as “Fintech Millenium”), as a payment service provider, and the Client, and set forth the manner of use of the services provided by us, namely services for opening and servicing of payment accounts, provision of payment services, etc. as

1.2. These General Terms and Conditions further stipulate the general rights and obligations of the Parties when the Client registers in the System, opens a payment account, makes payments and uses all services provided by us.

1.3. This Agreement (Contract) is the main document in the relations between the Client and us. The Client is obliged to carefully and thoroughly read this agreement prior to register in the System and use of the services, provided by us.

1.4. The Client is obliged to entirely accept the present General Terms and Conditions in order to start using the services provided by us. By accepting them, the Client confirms that he/she/it is a natural person or a legal entity who/which performs business activity only in person or in the capacity of a merchant. The Client /natural person/ further declares that he/she is 18 years old, and the Client /legal entity/ declares that it is not in bankruptcy or liquidation proceedings.

1.5. By accepting the present General Terms and Conditions the Client confirms that he/she/it has read, understood and accepted also the Privacy Policy as located in our website.

2.1. Internet payments – means payment of goods and services, making of transfers and/or payment of obligations through Internet.

2.2. Personal data – means any information relating to an identified or identifiable natural person who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

2.3. Client – is any natural person or legal entity who/which wishes to use the services provided by us, has registered in the System and is making payments through our System.

2.4. Payee – is any natural person or legal entity or other organization pointed in the payment order as a final recipient of the funds which have been the subject of a payment transaction.

2.5. Payer - shall mean a natural person or a legal entity who/which holds a payment account and allows a payment order from that payment account.

2.6. Fee – means any and all amount charged or due for executed payment transaction or other services.

2.7. Payment transfer/order – means a payment transaction whereby funds are transferred to an account of the Payee under the order of the Client.

2.8. Payment order – is an order /payment order/ made by the Client.

2.9. Transaction/payment transaction - means payment order or withdrawal/depositing of funds under the request of the Client.

2.10. Payment service – means a service by provision of which there are conditions for depositing or withdrawal of funds to/from the payment account (DigiPay account), as well as any transactions related with the management of the payment account, including order and receipt of payment transfers.

2.11. Payment instrument – means any payment instrument which the System allows to be connected with the Account and through which payment orders could be made.

2.12. System – means an opened platform for digital payments developed and managed by us.

2.13. Profile – means the result of the registration made in the System for each Client and it is a compulsory requirement for use of the services provided by us.

2.14. Account – is a virtual account /DigiPay account/, opened automatically on the name of the Client with the creating of his/her Profile in the System and it is used for making of transactions.

2.15. Mobile application – means a mobile program for use of the services provided by us.

2.16. Parties – are, we, as provider of payment services, and the Client.

3.1. Any client who wishes to use the services, provided by us, should firstly personally register in the System at www.dgpay.eu or through our Mobile application.

3.2. When registering in the System the Client should provide two names, valid e-mail and phone number. The provided data are personal data within the meaning of General Data Protection Regulation /EU/ 2016/679. Our Privacy Policy contains detailed provisions regarding the collecting, processing and storage of personal data.

3.3. When registering in the System the Client should create its own user name and password for access. The password for access must be protected to the highest degree.

3.3.1. The Client should not reveal the password for access to third persons.

3.3.2. The password for access may be changed by the Client at his/her discretion at any time. In case the Client is not able to change the password for access at his/her own, the Client may send a request to us at e-mail info@dgpay.eu and we will provide the necessary assistance.

3.4. After filling the registration form the Client will receive a link to finish the registration, i.e. a confirmation through e-mail or to phone number at the discretion of Fintech Millenium.

3.5. A Profile is created with the registration, which is individual and could not be transferred from one Client to another.

3.6. Any Client has the right to have one personal and one business Profile.

3.7. At his/her own discretion any Client has the right, at the moment of registration in the System, to provide data regarding his/her bank account /IBAN/. If this is not done at the moment of registration, at any time thereafter the Client has the right to provide data from his/her bank account in order to use the services provided by us. The Client has the right to register more than one bank card in his Profile. The Client has the right to delete from his/her Profile any bank card(s) registered for payments.

3.8. The opened platform for digital payment /the System/ is working with the following instruments: Visa, Mastercard, Maestro, DC, BCMC.

3.9. Upon successful registration and creation of a Profile a payment Account (DigiPay account) is automatically opened on the name of the Client for an indefinite period of time. We do not have a requirement for a minimum amount available in the opened payment Account (DigiPay account).

3.9.1. The payment Account gives the Client the opportunity to deposit, transfer, keep funds in his/her account for future transactions, to receive money in his/her account, to pay goods and services, to make international and domestic transfers.

3.10. Any Client has the right to use the services, provided by us, also through our mobile application. The activation of the application may be accomplished through an existing registration of the Client.

3.11. We, as payment service provider, have the right to refuse a registration of a new Client at our discretion without being obliged to specify the reason for that.

3.12. The Client is fully responsible for providing full, accurate, precise and up-to-date information, necessary for his/her registration in the System and for creating of a Profile as well as for use of the mobile application. In the event of changing of the data specified in the registration form the Client is obliged to immediately update his/her information in the Profile.

3.13. By registering in the System and creating a Profile it is considered that the Client agrees with the present General Terms and Conditions and that he/she accepts to observe them.

3.14. At any time after Client’s registration, we, as payment services provider, may request the Client to provide us electronically with documents, evidencing the data entered into his/her Profile /regarding natural persons – certificate of birth, identity card or similar document, evidencing the age of the Client; regarding legal entities – certificate of good standing or similar document issued in the state of registration/.

4.1. As of the moment of the registration, it shall be considered that there is a valid agreement executed between the Parties, in conformity with the present General Terms and Conditions. No explicit written form is required for this agreement.

4.2. We, as payment services provider, have the right to amend the present General Terms and Conditions at any time by expanding or limiting the scope of the services we provide. We also have the right to amend these General Terms and Conditions at any time in the event of alteration of the conditions for execution of the transactions resulting from changes in the legislation, security considerations, etc.

4.3. We, as payment service provider, shall notify the Client not later than two months before entry in force of the respective amendment by publishing it on our web page. At our discretion, we may send the Client a notification /through e-mail or phone number/, informing the Client about the forthcoming amendments in the General Terms and Conditions.

4.4. We are not responsible for damages or losses incurred as a result of limitation of the scope of the provided services.

4.5. No two months’ prior notice is due and the amendments in the General Terms and Conditions shall apply without notification in the following cases:

а. the scope of the provided services is expanded;

b. there are statutory conditions for amendments or security considerations aiming to prevent from financial frauds.

4.6. In the event that the Client does not initiates any actions for termination of his/her agreement by sending a request for closing of his/her Profile to e-mail info@dgpay.eu, it shall be considered that the Client accepts the amended General Terms and Conditions.

4.7. We, as payment service provider, has the right to terminate the agreement with two months’ prior written notice as a minimum. The prior notice shall be sent to the Client at to the provided by him/her e-mail.

4.8. If the Client receives a notification for termination of the agreement, the Clients is obliged to pay all his/her obligations to us.

4.9. We, as payment service provider, has the right to terminate unilaterally the agreement in the following cases:

a. The Client has deliberately used the payment Account /DigiPay account/ for illegal purposes;

b. In the event the Client breaches obligations stipulated in the present General Terms and Conditions or in the applicable legislation, provided these obligations concern the relationships between us and the Client.

5.1. The Client has the right to use the Services provided by us through:

а. the web page www.dgpay.eu;

b. the mobile application /DigiPay/.

5.2. Any Client has the right to make payments through his/her payment Account /DigiPay account/ provided there are funds in it.

6.1. We provide payment services connected with payment transactions of the Client to other Clients of us or Payees /natural persons or legal entities or organizations/, depositing or withdrawal of money from/to payment Account /DigiPay account/, transfer and receipt of money transfers.

6.2. As to the present moment we provide payment services in the following territories /the “Territory range”/: Europe, Brazil, Russia, India, China, the Philippines, USA, Canada and Great Britain.

6.2.1. We, as payment service provider, are doing our best to expand the Territory range of our services into the future.

6.3. We, as payment service provider, do not provide loans to the Client.

6.4. We, as payment service provider, do not levy interest and the Client does not receive interest over the amount in the payment Account /DigiPay account/.

6.5. For any Service the Client shall receive full report for the executed transactions in his Profile, including:

а. the date, time and registration number of the payment transaction, and, where necessary, information regarding the Payee;

b. the amount of the payment transaction in the currency in which the Payer’s payment account is debited or in the currency pointed in the payment order;

c. all charges payable by the Payer for the payment transaction and the breakdown of the amounts and types of any charges;

d. the exchange rate used by us, as payment service provider, for the payment transaction and the amount of the payment transaction after that currency conversion.

7.1. For any Service provided by us through our web page or through our mobile application the Client is obliged to pay charges /commissions/. The charges of the Services are published on our web page.

7.2. By accepting the present General Terms and Conditions the Client confirms that he/she has read and accepted the charges due for the Services as well as with the terms and conditions for provision of the Services and that the latter applies to him/her.

7.3. We, as payment service provider, have at any time the right to update the prices due for the Services by publishing the amended prices on our web page whereas the new prices shall apply as at the moment of the publication.

7.4. The Client has the right to receive information as to the Charges due to us prior to execution of the transaction.

8.1. In order to execute a payment transaction through our web page or mobile application the Client fills in a payment order in the System and sends it for execution. By sending the payment order for execution the Client confirms electronically in the System his/her consent to payment order execution.

8.2. We, as payment service provider, execute only authorised payment transactions. No partial transfers are allowed for individual payment orders. Pursuant to the present General Terms and Conditions a payment transaction shall be considered authorised if the Payer (the Client) has ordered it or has given his/her consent for its execution.

8.3. The action of submission of the payment order into the System shall be considered as a consent given by the Client for execution of a payment order.

8.4. The Payer (the Client) is fully responsible for the truth and accuracy of the provided payment data, such as name of the Payee, bank account and other appropriate information.

8.5. The Payer (the Client) is not entitled to withdraw the payment order after receipt thereof in the System.

8.6. In the event that the Payer (the Client) provides wrong information as to the Payee /inaccurate unique identifier/ and the payment order is executed pursuant to the data provided by the Payer (the Client), the payment order shall be deemed to have been executed correctly. It shall be further deemed that we, as payment service provider, have duly performed our obligations, are not responsible for the non-execution or improper execution and are not obliged to recover to the Payer (the Client) the ordered amount.

8.7. In case the Payer (the Client) submits not correct payment order or specifies wrong data for the Payee and the payment order has been still not executed, the Payer has the right to cancel the payment transaction and to submit new, correct payment order. No charge is due for this service.

8.8. In case of non-execution of a payment transaction due to invalid unique identifier /IBAN/ of the Payee, we, as payment service provider of the Payer (the Client) shall refund the amount of the payment transaction on the next business day.

8.9. The payment orders shall be executed chronologically as at the time of their receipt into the System.

8.10. Payment orders, wherein the Client has specified an exact date on which the payment order shall be executed, will not be processed. In this case, the payment orders received in the System shall be returned to the Client.

8.11. In case the amounts of the money in the payment Account /DigiPay account/ is not sufficient for the respective payment transaction, the respective payment shall not be processed by the System. In this case, the Client should deposit money in his/her payment Account /DigiPay account/.

8.12. The depositing of money into the payment Account /DigiPay account/ of the Client shall be done through charging of funds from his/her bank card or through money transfer by the Client or by third natural person or legal entity or organization.

9.1. We, as payment service provider, are not liable for non-execution or delay in transfers, ordered by the Client in the following events:

а. the delay or the actions undertaken by us are with regard to compliance with statutory provisions on the prevention of money laundering or terrorist financing or on prevention on financial frauds.

b. the delay is due to force majeure.

9.2. In the event of well-founded doubt that a payment order is related with terrorist financing, financial frauds, or money laundering, we, as payment service provider, have the right to request additional documents, evidencing the legal origin of the money used for execution of the payment order. If the Client does not provide the requested additional documents, we, as payment service provider, have the right to reject execution of the payment order.

9.3. We, as payment service provider, are not liable in case the Client has disclosed his/her user name and password for access to the System to third persons and the latter execute payments on behalf and on the account of the Client regardless of the circumstances for that.

9.4. We, as payment service provider, do not guarantee uninterrupted work of the System due to the reason that the system operations may be affected /disrupted/ by many factors which are beyond our control and we are not liable if, for technical or other reasons, our web page or mobile application or any of the Services are not accessible for the Client.

9.5. We, as payment service provider, are not liable for:

а. no possibility for access to our web page or mobile application or not proper working of the web page or mobile application, including as a result of execution of tests on our behalf with the purpose of verifications of connections, nets or other, as well as tests aimed at improvement or optimization of the web page or mobile application;

b. the functionality and security of the public internet and connection thereof with the Client’s devices through which the web page or the mobile application is used;

c. possible detection of “viruses” or other harmful consequences as a result of use of the web page or the mobile application;

d. other circumstance beyond our control, including, but not limited to: force majeure, accidental events, problems in the global Internet, third party acts, etc.

e. harmful acts of Client or third parties. In line with the present General Terms and Condition “harmful acts” means actions or inactions leading to illegal use of our web page or mobile application which infringe copyrights or rights similar to copyrights, sending of “Trojan horses” or causing installation of viruses and systems for remote control; interruption of the normal possibility of other Clients to use our web page or mobile application; execution any actions which may be qualified as crime or administrative violation under the Bulgarian legislation.

10.1. The Client has the right to inform us regarding problems found by him/her connected with the use of our web page or mobile application (including errors, technical troubles, etc.). Any questions related with the operation of our web page or mobile applications the Client may address to e-mail info@dgpay.eu.

10.2. The Client is fully responsible for protecting of his/her user name and password for access to our web page or mobile application from third parties. In case the Client has well-founded doubts that his/her user name and password for access have become known by third parties, he/she is obliged immediately to change his/her password for access in the respective place on our web page or mobile application.

10.3. We, as payment service provider, by no means send through e-mail messages urging the Client to update his/her data and Profile in the System or to disclose his/her password and/or user name.

10.4. We, as payment service provider, have the right to temporary block Client’s access to his/her Profile in the System in the following events:

а. at the request of the Client;

b. in the event of well-founded doubt for use of his/her Profile for the purpose of committing of fraud;

c. in case of illegal use of the payment instruments;

d. when the actions of the Client violate the requirements of the applicable legislation and the present General Terms and Conditions;

e. on our initiative in cases related with security issues, well-founded grounds for financing of terrorism, financial frauds or money laundering.

10.5. The blocking of Client’s Profile shall not be considered as automatic termination of the agreement with the Client.

11.1. In case the Client does not accept the amended General Terms and Conditions or in case of termination of the Agreement either by us, as a payment service provider, or by the Client, the Profile is deleted from our System.

11.2. Provided the Profile is deleted, the Client has the right to withdraw the available money from his/her payment Account /DigiPay account/ by transferring them to his/her bank account. Thereafter, the Client may withdraw his/her money in cash.

12.1. The web page www.dgpay.eu represents protected copyright and related rights object and contains materials, information and other content, published on the web page, which are copyright and related rights protected objects as well as industrial property objects. The web page may also contain company names of legal persons and/or sole proprietors, trademarks, logos, names of products and/or services and other similar protected right objects presented either by Fintech Millenium or with its consent.

12.2. Any use of the web page content, including, but not only recording, publishing, copying, distribution, reproduction, publishing in Internet, revision or use in any other manner of the web page content may be performed only with the explicit consent on behalf of Fintech Millenium.

12.3. Any use of the web page or of the objects pursuant to the preceding articles in breach of the provisions of the present General Terms and Conditions constitutes not only a violation of the contractual relationships between the Client and us, as a payment service provider, but it may also constitute infringement of intellectual and/or industrial property rights and/or other statutory protected rights and legal interest of Fintech Millenium and/or third parties. For any infringement pursuant to the present section the respective Client shall assume on his/her account the liability in full – civil, administrative-criminal or criminal and shall pay on his/account the compensations imposed by the competent authorities to the affected legal entities/natural persons.

13.1. The correspondence between us, as payment service provider, and the Client with regard to use of the web page or the mobile application shall be carried through electronic messages through our e-mail address info@dgpay.eu.

13.2. Any dispute between us, as payment service provider, and the Client, with regard to the use of the services provided by us, shall be settled amicably by negotiations of the Parties, and if this is not possible, any of the Parties may address the dispute for resolution before the competent court in the city of Sofia.

13.3. For any and all matters not regulated pursuant to the present General Terms and Conditions the provisions of the applicable law of the Republic of Bulgaria shall apply.

13.4. In the event that any provision of the present General Terms and Conditions is declared invalid in line with the applicable procedure, this invalidity shall not affect the remaining provisions of the present General Terms and Condition which shall remain in full force and effect and shall apply in the relationships between the Parties.

The present General Terms and Conditions shall enter into force on ...........2020.