1. Definitions
- Acceptable languages: Estonian, English;
- Bank account – the Client’s business account opened with a financial institution, which is used to transfer amounts due to the Client;
- Agreement – any documented agreement between the Client and Hansebund Finance, including this Client Agreement for the provision of services for the sale of securities, acceptance of deposits and payment of funds from the Client, as well as any other terms and conditions in documents (additions, contracts, agreements, rules, declarations and etc.), including online documents and information referred to herein;
- Business day – a day on which Hansebund Finance carries out normal business, i.e. any day other than Saturday, Sunday and any day that is a public holiday in Estonia;
- Payment card – an electronic payment instrument;
- Card Issuers – card issuing organizations, including MasterCard, VISA and Union Pay, or any other card issuing organizations that use Hansebund Finance for payment processing;
- Cardholder – the individual to whom the card was issued;
- Client – a legal entity (for example, a limited liability company) that has been provided with the services of the Hansebund Finance Service and has completed the necessary steps to provide the Hansebund Finance Service to them, as specified in this Agreement. The Client is provided with the Services for business or professional activities and is therefore not a consumer using the Hansebund Finance Service for personal activities;
- Client’s email address – the email address provided by the Client when registering a Profile in the System or later changed by the Client in the System, which can be used by the Client as login data. Hansebund Finance may also contact or authenticate the Client by sending emails to the Client’s email address;
- Client Identification – verification of the Client’s business, the identity of the Client’s Independent Directors or the identity of the Client’s beneficial owners, as required by applicable regulations, through the procedures established in the System;
- Financial Institution – a bank or licensed electronic money institution with which the Client has opened an account that will be used to receive amounts due from the use of the Service;
- Hansebund Finance – Trade 4U OÜ and its subsidiaries collectively. All services of the Service will be provided only by the licensed body Trade 4U OÜ. Trade 4U OÜ, registered at Harju maakond, Tallinn, Kesklinna linnaosa, Tondi tn 17b, 11316, is a registered legal entity in the Commercial Register of the Republic of Estonia and operates in accordance with the legislation of the Republic of Estonia and the European Union;
- Account – a set of personal data of a registered Client after his registration in the system, creation of a login and determination of the Client’s rights in the system. After registering an Account, the Client can go through the necessary client identification procedures;
- Supported currencies – currencies supported by Hansebund Finance, in which Hansebund Finance provides the Services;
- Settlement currency – the supported currency specified by the Client, in which Hansebund Finance makes settlements with the Client;
- Settlement day – the day on which Hansebund Finance is open for general transactions. Generally, a settlement day is any calendar day that is not a Saturday, Sunday or a national or public holiday in Estonia;
- System – online services of Hansebund Finance and their components used to provide the Hansebund Finance Service, including services based on computer software, web services and services based on mobile applications;
- Service – a set of services permitted by Hansebund Finance performed for the Client, at his expense and in the interests of the Client;
- Transaction – a transaction for the provision of the Service and/or sale of a security or any other operation permitted by Hansebund Finance, carried out at the expense and in the interests of the Client;
- Transaction Record – Electronically stored information about a transaction (including transaction reversals);
- Service Website – a website operated by Hansebund Finance for the purpose of providing the Service, which the Client can access via the Internet. The Site may be used to register the Client’s profile, enter into an Agreement, provide the Service, provide information and notifications related to the provision of the Service, update prices, exchange rates and conditions, as well as other functions related to the provision of the Service, including, but not limited to, the provision of related with the Service marketing, informational, financial, legal and security-related information.
2. Subject of the agreement
- The Agreement defines the relationship between Hansebund Finance and the Client in terms of servicing client applications for the purchase and sale of securities and related services. The functionality of the service is presented on the Hansebund Finance website.
- The provision of the Service begins after the Client concludes this agreement, registers an Account in the System and successfully completes the Client identification and due diligence procedures set out in this Agreement. Hansebund Finance reserves the right to update and revise its policies or add new features to the Service from time to time without prior notice. Such changes are deemed accepted by the Client after the Client uses the new functions. Hansebund Finance has the right, at its sole discretion, to choose the method of making such changes, which may include notification of changes by email, SMS, in-system notifications or updates on Hansebund Finance websites.
3. Conclusion of an agreement
- To be eligible to receive the Service provided for in this Agreement, the Client must meet the following criteria: (1) be a legal business resident of one of the countries that are members of the United Nations; 2) have the legal capacity to enter into an agreement; (3) not be subject to sanctions on any basis; (4) not be blacklisted by any organization (including Hansebund Finance) for payment card fraud and (5) agree to use the Service only for legitimate business or professional activities.
- The Client enters into a contractual relationship for the use of the Service and other applicable services only after all of the following conditions are met:
- The Client has read and confirmed his acceptance of this Agreement;
- The client has successfully completed the client identification and due diligence procedures that Hansebund Finance considers necessary;
- Hansebund Finance notifies the Client of the commencement of the provision of the Service.
- Until these conditions are met, the Client’s registered profile in the System does not give him the right to receive any Service.
- By accepting this Agreement, the Client agrees to use the Service in accordance with the terms and conditions set forth in the Agreement. The Client may accept the Agreement by:
- Acceptance of this Agreement in the System through the web interfaces of the Hansebund Finance website, while the action of confirming this Agreement is considered an action using an electronic signature;
- Signing the Agreement on paper, if Hansebund Finance requests or provides a signed paper copy.
- The Client is obliged to read the Hansebund Finance Privacy Policy, which is an integral addition to this Agreement, in order to understand and consent to the receipt, processing, storage, preservation, disclosure and transfer of the Client’s Personal Data by Hansebund Finance in accordance with the laws of the Republic of Estonia and the European Union.
- The agreement is drawn up in English. Other communications with the Client may be available in other acceptable languages. Hansebund Finance may provide the Client with translations of the English language version of this Agreement, but such translations are provided only for the convenience of the Client, and the English language versions of the Agreement and communications remain the governing agreements in relations with Hansebund Finance. In the event of any conflict between the English version and a translation, the English version shall prevail.
4. Account Registration
- Subject to all the conditions of this Agreement, during the entire period of provision of the Service to the Client, Hansebund Finance undertakes to maintain the Client’s Account in the System and allow the Client to use Hansebund Finance web interfaces to access information related to the Service as described below in this Agreement.
- After the Client registers in the System via the web interface, his profile is submitted for verification to Hansebund Finance specialists. Until the Customer completes the customer identification and due diligence procedures that Hansebund Finance deems necessary, the Customer will not be provided with any Service or access to the Account.
- The Client undertakes to provide accurate, current and complete information upon registration or upon request by Hansebund Finance. Customer is also responsible for updating information to ensure that it remains accurate and complete throughout the term of the Service Agreement. In the event of any changes, the Client undertakes to update the relevant information as such changes occur.
- Hansebund Finance has the right and is required by law to carry out customer identification procedures in accordance with the requirements of regulatory authorities, current legislation on combating money laundering and the financing of terrorism.
- Additional identification and verification of the client may be carried out by Hansebund Finance through third parties, including, but not limited to: company registries; bailiffs; Credit, payment and other financial institutions, including their branches; Card organizations; Commercial and non-commercial databases of international sanctions, summary data on debtors and databases for checking identity documents, including expired and counterfeit documents; Law enforcement agencies; Population registers; State and non-state registers; Registers and databases of publicly traded shares; social networks associated with the Client’s profile in the Hansebund Finance system. The Client agrees to such verification and undertakes to provide assistance as requested by Hansebund Finance for the proper provision of the Service. Hansebund Finance reserves the exclusive right and complete freedom of action to determine whether the Client has successfully completed the client identification procedure. Hansebund Finance may refuse, suspend or terminate the Service temporarily or indefinitely if it is deemed that the Client has not been properly identified, or for any other significant risk, security or regulatory reasons. Hansebund Finance is not responsible for any consequences arising from such interruptions in the provision of the Service. The Client is not provided with any Service until the Client Identification procedures are successfully completed.
- The Client agrees that Hansebund Finance may obtain credit reports and/or send credit or other questionnaire inquiries to the Client, at the discretion of Hansebund Finance, to evaluate the Client for the initial or continued provision of the Service. These rating processes may involve third party credit reporting agencies or databases.
- After successfully completing the Client Identification Procedure, the Service will be activated. The Client will be notified of the activation of the Account in the System or by other means of remote communication. However, when providing the Service, Hansebund Finance may require additional information as a condition for continuing to provide the Service. The Client is expected to provide such information as quickly as possible to avoid interruptions in the provision of the Service. Additional customer identification and verification efforts may also be required when Customer requests certain changes to its Service, such as adding or canceling additional services. In this case, the Client must contact Hansebund Finance by telephone or email to formally request such action and, if necessary, undergo any additional verification.
- After successfully completing the Client Identification procedures and activating the Account, the Client is obliged to complete an operation to replenish the account using a payment card, which will be assigned to the Client as an acceptable means of payment for card payments. In case of a successful transaction, the Client is given access to purchase securities using the Silkpay card payment gateway. Using another card in the Silkpay payment gateway is not allowed. If the Client wishes to replace the card, he needs to submit an application to the Service, his status will be lowered and the card will need to be verified again by replenishing the transaction to the account.
- The Client is obliged to refuse the Service, and Hansebund Finance may terminate this Agreement immediately and without prior notice to the Client if:
- The Client or his representatives have lost the right to enter into a binding contract with Hansebund Finance and manage investments or financial instruments used within the Service or the Client’s representatives have lost their legal capacity;
- The Client or its representatives are prohibited from using the Service in accordance with applicable law, regulations of regulatory authorities or other relevant organizations or the rules or policies of Hansebund Finance;
- Hansebund Finance has independently determined that the Client cannot be identified or verified in accordance with the client identification procedures;
- The Client uses the Service for activities not related to the Client’s legitimate entrepreneurial, commercial or professional activities, or the Client’s activities are contrary to the law;
- Hansebund Finance has determined that providing Client with access to the Service would entail undue financial and/or compliance risks.
5. General obligations and responsibilities
- By accepting this Agreement, the Client represents (guarantees) that its legal representatives and ultimate beneficiaries are NOT citizens and/or residents of the United States of America, and the Client and its legal representatives do not represent any citizen and/or resident of the United States. Also, the Client, his legal representatives and ultimate beneficiaries do not have the right to disseminate information about the Service among citizens and/or residents of the United States since the Client, his legal representatives and ultimate beneficiaries acknowledge that such restrictions are not discriminatory, but only in order to protect the interests of Hansebund Finance from – due to the diversity of laws in the United States governing cryptocurrencies, tokens, other crypto-assets and various tokenization platforms, DeFi products and/or other decentralized and/or distributed solutions. Accordingly, any method of circumventing this legal prohibition means an unconditional and complete violation of the Agreement in its essential part: be it the use of VPN services, the hiring of third parties by US residents (citizens) and/or other methods of deliberate deception of Hansebund Finance. In accordance with applicable law, Hansebund Finance reserves the right to choose (assign) a jurisdiction for its activities and may limit and/or completely prohibit the use of the Service, as well as any part of the Service in a number of jurisdictions, based on its own beliefs, established legal practice and other objective (subjective) circumstances. Hansebund Finance also informs that the work (activity) of all third-party resources is not within the competence (area of influence) of Hansebund Finance and therefore we cannot in any way influence the rules of operation of these services (applications, sites), but we strongly recommend not to use them , if they contradict this Agreement and/or its other terms and conditions Hansebund Finance.
- Citizens, nationals, residents (tax or otherwise) and/or holders of temporary or permanent residence permits in the states:
- USA;
- People’s Republic of China;
- South Korea;
- Vietnam;
- and any other jurisdiction that prohibits or requires any supervision, licensing, regulatory compliance and/or approval from any regulatory (or similar) authority or from any financial or securities authority for:
- Acquisition, holding, distribution or sale of securities;
- Participating in the trading of cryptocurrency or holding cryptocurrency and/or offering to sell cryptocurrency or any similar activity or product (collectively, “Restricted Jurisdictions”), as well as any other restricted persons, are not eligible to be serviced by Hansebund Finance.
- The term “Limited Liability Persons” refers to any firm, company, partnership, trust, corporation, organization, government, state or governmental agency or any other incorporated or unincorporated body, association or partnership (whether it has separate legal personality or no), which is created and/or legally exists under the laws of the Limited Jurisdiction (including, in the case of the United States of America, the federal laws of the United States of America or the laws of any of its states).
- Hansebund Finance wishes to expressly state that the information on the Hansebund Finance website does not contain or constitute an offer or solicitation for the purchase or sale of any securities, funds, structured products in any jurisdiction in which such offer or solicitation is not permitted, or to any person to whom it is unlawful to make such an offer or solicitation. Users of this website are advised to review and comply with such restrictions. Some information published on this site contains forward-looking statements. Users are cautioned that any such forward-looking statements are not guarantees of future performance and involve risks and uncertainties, and actual results may differ materially from those contained in the forward-looking statements as a result of various factors. The information contained on this website should not be construed as a substitute for legal, tax or other advice (including economic advice), and users should not base investment decisions solely on the content of this website. The information on these web pages is directed exclusively at residents of the European Union who are physically located in the European Union. An investment decision regarding the Company’s products should be made only on the basis of an offer document published in accordance with applicable law, in particular the legislation of the European Union. Hansebund Finance does not undertake any obligation to publicly update or revise any information or opinions published on the website and reserves the right to change information at any time without prior notice.
- The Client undertakes to use the Service only for its intended purpose and the functionality provided in accordance with the instructions provided in the System, the regulations of Hansebund Finance and provided for in this Agreement. The Client agrees to use the Service properly, as defined:
- This Agreement, the Terms, documents and manuals of Hansebund Finance, as well as other technical documents or manuals provided by Hansebund Finance for the use of the Service;
- The functionality, design, characteristics, settings and limitations of the Service, including the settings, restrictions and capabilities indicated as permitted for the Client;
- As well as any applicable laws, regulations or generally accepted practices or guidelines of the relevant jurisdictions.
- Customer is prohibited from using the Service in any way that violates this Agreement or for any illegal purpose, including, but not limited to, fraud, money laundering, tax evasion or other illegal activity. Customer is prohibited from using the Service to engage in activities or transactions that involve or may involve any of the following, without limitation:
- Provide inaccurate or incomplete information for customer identification procedures, such as fictitious names, invalid email addresses, invalid mobile phone numbers, or withhold important information from Hansebund Finance, which could result in multiple profiles/accounts being opened for the same customer or circumvention restrictions by Hansebund Finance in any other way;
- Resell the Service to other legal entities or individuals;
- Use an anonymizing proxy service when accessing the System or when maintaining multiple profiles under the same/borrowed/false identifiers;
- Distribute viruses and malware that may jeopardize the security and integrity of the System, as well as commit other illegal actions that may lead to failures in the operation of the System, damage, destruction and unlawful disclosure of information, other damage to the System software and equipment, or illegal disclosure information about other clients of Hansebund Finance;
- Use any automatic or manual processes to monitor or copy the System, the Hansebund Finance Website or to interfere with the operation of the Service;
- Engage in any activity that may interfere with or disrupt the operation of the Service or System.
- The Client has access to the Service only through means provided by Hansebund Finance, unless otherwise specifically permitted in a separate agreement with Hansebund Finance. These restrictions also apply when you access the Service through any automated means.
- The Client is responsible for any negative consequences of unauthorized transactions, regardless of the amount of loss or damage under the following circumstances:
- The Client acted fraudulently or negligently, or committed unlawful acts intentionally;
- Customer has violated the law or violated this Agreement or relevant appendices to this Agreement. Violations also include failure to comply with, among other things, the user manual and other technical documentation;
- Customer has misused the Service or its login credentials or has breached its obligations to maintain the security of Customer’s credentials, verification or identification information;
- The Client used the Service in ways that contradict the rules for using the Service or other regulations.
- Hansebund Finance undertakes to use reasonable efforts to promptly correct any reported technical defects in the Service.
6. Securities transactions, refunds and reserves
- Transaction settlements
- Transaction settlements, including payments for purchased securities, are made on working days in the Republic of Estonia from 10.00 to 16.00 (Regular work schedule), as well as by individual agreement with Hansebund Finance within the framework of each individual transaction. A change in Hansebund Finance’s working hours for a particular transaction does not mean that the Client can also receive services outside the Normal working hours for other transactions. Information on working days in the Republic of Estonia can be found here: https://www.eesti.ee/et/eesti-vabariik/eesti-vabariik/riiklikud-puehad-lipupaeevad-ja-koolivaheajad
- All clients have the opportunity to pay for securities via bank transfers to a Hansebund Finance account. Hansebund Finance makes decisions on additional forms of payment individually for each Client.
- If the received payment was taken by the receiving bank for additional verification, then until the verification is completed, Hansebund Finance does not credit the funds as payment to the Client and does not transfer the securities. If the information available to Hansebund Finance is not sufficient to pass additional checks of the receiving bank, the Client is obliged to provide the requested information as soon as possible.
- If the Client does not provide the requested information and documents, Hansebund Finance has the right to independently search for the necessary documents and information. The costs incurred in this case are paid at the expense of the Client.
- Any payment that is pending verification and has not been received into the Hansebund Finance current account is recorded in the Client’s Account and is not available to the Client for current transactions. Such amounts are shown separately as the “Pending” amount solely for informational purposes for Customer’s review, who should be aware of such transactions.
- The amount to be credited to the Client from Hansebund Finance is calculated by adding the amounts received by Hansebund Finance in a separate transaction and then deducting from it the following payments due to Hansebund Finance:
- Any commissions, fees or expenses of Hansebund Finance for the Services provided in accordance with this Agreement by other agreements with Hansebund Finance;
- Any fees and/or amounts, other payments, as well as reimbursements arising under any other circumstances upon receipt or sending of payment, as well as security or fines, including payments by Hansebund Finance to its subcontractors, card issuers or regulatory authorities for any reasons or grounds arising from the Client’s use of the Service;
- Any amounts required to be retained by Hansebund Finance, such as deposits, reserves or any other amounts expected or retained by Hansebund Finance pursuant to this Agreement or other agreements between countries or as required by relevant laws and regulations.
- Amounts received and retained by Hansebund Finance as deposits, collateral reserve or withheld/pending pursuant to this Agreement or other agreements or as required by relevant laws and regulations may not be paid from Hansebund Finance to Client until there will be grounds for such payment. If there are no longer grounds for withholding, such amount becomes a contingent liability of Hansebund Finance once this amount is credited to the Client’s Account. The amount of funds held by Hansebund Finance must be visible to the Client in the System as “deposits”, “reserves” or “holding/pending transactions”. This display of funds is for informational purposes only and does not reflect amounts available for payment to the Client. Hansebund Finance undertakes to notify the Client of the reasons for such withholding, unless laws and/or regulations allow Hansebund Finance to do so.
- Hansebund Finance may reject any transactions or other use of the Service if Hansebund Finance has reasonable grounds to suspect fraud and/or violations of the Agreement or Rules by the Client or the relevant third party. Acceptance of payments or disbursements may also be delayed in accordance with applicable law, the Agreement or regulations, including where Hansebund Finance suspects that a transaction involves fraud or illegal or inappropriate activities. If a transaction is declined, the Customer will be notified unless such notifications are unlawful or may compromise reasonable security measures.
- Hansebund Finance has the right, at its discretion, to suspend the processing of a transaction to clarify the circumstances surrounding the transaction. Hansebund Finance will inform the Client about the suspension of processing on the next business day after receiving the transaction request. In this case, the payment period is automatically extended for the time necessary to clarify the circumstances. If the Client detects a violation of the terms of the contract or misuse of the Service, Hansebund Finance has the right not to process the transaction record.
- Hansebund Finance may limit, suspend and/or terminate the provision of the Service without prior notice to the Client if the level of chargebacks, transaction cancellations or claims arising from the Client’s use of the Service with payment cards were considered excessive by Hansebund Finance.
- In the event that Hansebund Finance becomes aware or suspects that the Client’s cards have been stolen, the Client’s use of counterfeit cards or other violations related to the Client’s use of the Service using payment cards, Hansebund Finance may withhold or block all amounts due to the Client and begin an investigation without prior notice. Client notifications. The Client is obliged to assist Hansebund Finance in monitoring the Client’s transactions. Hansebund Finance obliges the Client to carry out the investigation within a reasonable time and promptly notify Hansebund Finance of its progress and results. In some cases, Hansebund Finance may be obliged to report the Client’s activities to the commercial registers of organizations or other regulatory authorities and cease servicing the Client. In this case, Hansebund Finance cannot be held responsible for any negative consequences that occur to the Client.
- Transactions may also be delayed due to Hansebund Finance conducting due diligence procedures to comply with applicable laws and regulations.
- Hansebund Finance does not intend to provide the Client with any credit or overdraft in accordance with this Agreement.
- Service fees and currency conversion fees
- Tariffs for the Service are specified in Appendix 1 of this agreement, and are also available in the System and on the Hansebund Finance Website. Hansebund Finance has the right to maintain and make changes to the commission at its own discretion upon notifying the Client two months before their entry into force.
- Acceptance fees may be subject to interchange and other similar fees imposed by payment card issuers. Fee updates will be published in the System and on the Hansebund Finance website. In addition to standard fees, the Client may be required to pay extraordinary costs for any testing, registration, accreditation, web scanning, special development or similar specific costs incurred by Hansebund Finance for providing the Service at the Client’s specific request. Hansebund Finance may also charge the Client administrative fees for providing paper statements and additional information other than the information available in the System if the Client has such requests.
- Transactions are processed in Euros or other currencies supported by Hansebund Finance and expressly agreed upon by the Client. Amounts due from Hansebund Finance to the Client are calculated in euros or other currencies supported by Hansebund Finance and are expressly agreed with the Client. If the processing and settlement currencies differ, Hansebund Finance calculates the amounts due to the Client using the exchange rates of Hansebund Finance and Hansebund Finance’s correspondent banks on the settlement dates.
- If a transaction requires currency conversion, such transaction will be processed using the exchange rate determined by Hansebund Finance plus a currency conversion fee expressed as a certain percentage above the exchange rate. Foreign currency exchange rates are updated regularly based on the market wholesale exchange rate at which Hansebund Finance receives foreign currency. Exchange rates may apply as transactions occur. The currency conversion fee is retained by Hansebund Finance and is applied whenever a currency conversion is processed in accordance with the Client’s payment instruction.
- If the Client fails to make timely payment of fees due to Hansebund Finance, a late penalty shall be applied at the rate of 0.05% for each day of delay from the date of default until payment of the entire amount due to Hansebund Finance.
- Refunds
- Hansebund Finance may return payment for securities to the Client under the following conditions:
- Securities have not been transferred to the Client
- Securities returned by the Client
- Hansebund Finance notifies the Client of the refund by email.
- The Client agrees that Hansebund Finance will withhold from the amounts payable to the Client a fee for the return of funds, plus other commissions or fees.
- Refunds can be combined with the purchase of cryptocurrencies. To do this, the Client indicates in the return application that he wants to receive not cash, but cryptocurrency. The sale of cryptocurrency occurs at the current rate of the Kraken cryptocurrency exchange, unless the Client has purchased an additional service for hedging the face value of a security in cryptocurrency. Then the Client has the right to use either a pre-agreed selling rate or the current one at his own discretion.
- The purchased cryptocurrency is placed on the Client’s Account until further instructions for conducting transactions are received from him.
- Hansebund Finance may return payment for securities to the Client under the following conditions:
- Reserves
- Hansebund Finance may withhold and retain a certain amount of funds due to the Client as a reserve in order to ensure that the Client fulfills its obligations under this Agreement and in accordance with the requirements of applicable laws and regulations. This reserve is calculated as a percentage of the amount of a certain type of Service or all types of Services provided to the Client. The normal reserve percentage for the Service is 10% of the total amount of related transactions, unless otherwise agreed to by the parties or modified as set forth below.
- If Hansebund Finance considers that there is a heightened risk associated with the Client, such as the risk of fraud or default, Hansebund Finance may also retain as reserves amounts from the Client’s funds in the Account in which case Hansebund Finance has full discretion to determine the percentage reserve based on existing risk factors.
- Reservation percentages and reserved amounts are available for viewing by the Client in the System. In the event of depletion or reduction of the reserve, Hansebund Finance may withhold amounts due to the Client for all types of transactions in order to replenish the reserve amount. Hansebund Finance may hold amounts for up to six months after the relevant transactions have taken place or for a longer period if this is necessary to protect the legitimate interests of Hansebund Finance.
- Reserved amounts must be visible to the Client in the System and displayed as “Reserve”, such display is for informational purposes only and does not reflect amounts directly due to the Client. Adjustments to reserved amounts are made daily or at other agreed intervals at the end of each Business Day.
- The reserve percentage may be increased or decreased depending on the Client’s risk level.
7. Information
- Necessary information related to the Service is provided to the Client in acceptable languages in a clear, understandable and accessible form. For each transaction made through the Service, Hansebund Finance notifies the Client through the System using email.
- Statements, notices and other communications to Customer may be made through notices on the System, mail, email, publications, public updates on Paytend websites or other reasonable means of communication.
- The Client will be able to view the record of his transactions in the System free of charge. At the Client’s request, Hansebund Finance can send the Client’s transaction history by mail or to the email address left in the system (for an additional fee). At the Client’s request, Hansebund Finance may, but is not obligated to, provide the Client with additional statements in electronic or paper form with additional information upon request, subject to payment of an administration fee.
- In the event of suspension or termination of the Service, the Client will be notified via email.
8. Duration, modification and termination of the Agreement
- The Agreement comes into force from the moment of signing, is concluded for a period of 12 months and can be automatically extended in the absence of refusal of the Agreement by any of the Parties.
- The Client acknowledges that Hansebund Finance may make changes to this Agreement from time to time. Hansebund Finance shall notify the Client of changes to the Agreement two months before their entry into force, unless a shorter notice period is required for regulatory reasons. Notifications of changes are sent by email to the email address that the Client has registered in the System, through in-system notifications or through updates on the Hansebund Finance websites.
- In the event that the Client does not approve of the proposed changes, the Client must notify Hansebund Finance of its disagreement with the Agreement and request termination of this Agreement before the changes become effective, in which case the Agreement and the Service provided to the Client will be terminated without charge immediately prior to the effective date due to such amendments. If the Client has not notified Hansebund Finance of his disagreement with such changes, he will be deemed to acknowledge and agree to such changes. Notification must be sent by email or via the message function built into the system.
- Each of the parties to the Agreement has the right to terminate the Agreement by notifying the other party at least two months in advance. Notice of cancellation must be sent by email.
- The Client is obliged to immediately notify Hansebund Finance of impending changes in their legal status upon the commencement of their liquidation, bankruptcy, dissolution, external administration or any other similar proceedings, as well as in the event of the death or incapacity of any of the Client’s associated Independent Directors or Ultimate Beneficiaries. Upon receipt of such notice, this Agreement and the provision of the Service will terminate immediately.
- Hansebund Finance has the right to suspend the agreement, limit access and functionality of the System and/or terminate the agreement without prior notice if:
- The client violates the agreement;
- The facts known to Hansebund Finance in their logical connection and collection give grounds to conclude that the Client or a person associated with him is involved in the unlawful use of payment cards;
- The Client becomes liquidated, bankrupt, insolvent, under external administration or is in a similar legal status or the Client is in the procedures of the above-mentioned legal status;
- Have not used the Service for two months;
- The Client provided Hansebund Finance, the payment receiving bank or other organizations associated with Hansebund Finance with false information;
- This is required by card issuers and/or regulatory authorities;
- The Client is overdue with Hansebund Finance for more than two months or the Client is overdue with Hansebund Finance for more than one month twice or more within six months after the Client has been duly notified of the overdue amounts.
- There are other grounds arising from the general conditions of Hansebund Finance.
- If the grounds for suspension of the agreement no longer apply, Hansebund Finance will continue to fulfill its contractual obligations.
- Termination of the contract does not relieve either party from fulfilling contractual obligations. The Client undertakes to pay all commissions, fees and other payments presented to the Client, as well as other obligations arising from this agreement. To ensure the fulfillment of this obligation, Hansebund Finance may hold the Client’s funds for as long as necessary after termination of this Agreement.
- Upon termination of the contract, the Client is obliged to return or dispose of the Payment Instruments issued by Hansebund Finance, as well as return or dispose of other resources of Hansebund Finance in accordance with the instructions of Hansebund Finance.
9. Liability and Dispute Resolution
- The Client is responsible for direct material damage to Hansebund Finance and third parties resulting from violation of the requirements specified in the Agreement.
- The client is responsible for damage resulting from a transaction performed without the physical presence of the card, incl. requesting a chargeback regardless of whether the transaction is allowed or not without the physical presence of the card.
- The Client has no right to imitate, reproduce, duplicate, copy, sell, trade or resell the Service under any circumstances.
- The Client is obliged to compensate Hansebund Finance for, among other things, claims for fines issued to Hansebund Finance by the card issuers.
- Hansebund Finance shall not be liable for any negative consequences incurred by the Client or any other third party as a result of the suspension of the Service for operational reasons such as maintenance, system upgrades and system development.
- Any disputes arising from the contract must be resolved through negotiations. If the Client has any complaints, the Client must first contact Hansebund Finance as follows:
- Step 1 – Send a letter to st. Tondi 17b EE-11316, Tallinn, Estonia;
- Step 2 – Send an email to profit@hansebund.finance;
- Step 3 – Send a message to a Hansebund Finance customer service representative using the function built into the System.
- General questions regarding the Services should be sent by email to profit@hansebund.finance
10. Confidentiality, intellectual property rights and privacy
- The client is obliged to maintain the confidentiality of information that becomes known to him during the execution of the contract. The confidentiality obligation continues indefinitely. The Client shall ensure that all Client’s employees are aware of the duty of confidentiality and comply with it.
- The Client undertakes to use the data and information collected during the execution of the contract only to fulfill his obligations under the contract. This obligation is valid after the expiration of the contract.
- The terms of the agreement (with the exception of the product terms published on the Hansebund Finance website) are confidential and are not subject to disclosure to third parties, unless the right or obligation to disclose information arises from legislation or the general conditions of the agreement with the bank or if this is required by organizations issuing cards.
- If the Client violates the confidentiality obligation, the Client is obliged to pay Hansebund Finance’s claims arising from the violation and additionally pay a contractual penalty of 5,000 (five thousand) euros for each violation.
- Hansebund Finance has intellectual property rights to any software or documentation provided to the Client in the process of providing the Service. Hansebund Finance or Hansebund Finance’s licensors own the intellectual property rights in any user graphical interfaces, design elements, graphics or other applications or content provided by Hansebund Finance or Hansebund Finance’s licensors for inclusion in the Client Website. The Client is prohibited from copying, reproducing, disassembling, selling, renting or otherwise misappropriating such intellectual property unless otherwise agreed by Hansebund Finance or Hansebund Finance’s licensors. The Client is also prohibited from providing third parties with access to his payment instruments, profile in systems, software, platforms, APIs or any other developments or materials of Hansebund Finance.
- Hansebund Finance may license software, documentation, APIs, applications or other materials or developments from Hansebund Finance to the Client. In such event, Hansebund Finance remains the exclusive owner of such intellectual property and the license granted to the Client constitutes a non-exclusive, non-transferable license, valid only during the term of this Agreement, allowing the Client to use such intellectual property solely for the purpose of preparing and selling its own products in agreed forms.
- The Client is prohibited from copying (except as permitted by law), disassembling or modifying the software, or copying manuals or documentation without the prior written consent of Hansebund Finance.
- The Client may not use Hansebund Finance’s logo or marks in its marketing or advertising materials without the prior written consent of Hansebund Finance.
- The Client hereby authorizes Hansebund Finance to receive, store, process and store Client data, which may include such data that falls within the definition of personal data under data protection legislation. Hansebund Finance undertakes to process data necessary for the proper conduct of business relationships and the provision of services only in strict accordance with the law. Hansebund Finance records only the information that is necessary for the performance of Hansebund Finance’s duties and does so only within the framework of the specific services provided to the Client. Hansebund Finance may also receive data about the Client from third parties, such as other financial institutions and databases. Detailed information about the purposes, procedures, and sources of Hansebund Finance’s processing of the Client’s personal data can be found in the Privacy Policy available on the Hansebund Finance Website.
- Hansebund Finance is required by law to maintain secrecy and confidentiality with respect to all Client information disclosed by the Client to Hansebund Finance (“Confidential Information”). However, applicable national or international law permits and requires Hansebund Finance to disclose classified information if such disclosure:
- Required by any national law in any jurisdiction or international law regarding automatic exchange of information, such as the Foreign Account Tax Compliance Act (FATCA). Such legislation may require Hansebund Finance to automatically exchange information about Customer data with the competent tax authorities. Such information may include, but is not limited to, Customers’ names, address, tax identification number, social security number, account number and account balance, and other information for tax purposes. Such exchange may be carried out automatically annually or in the manner provided for in these acts, or at spontaneous requests from the competent authorities;
- Required by order of a court, law enforcement or tax authorities, bailiffs or other authorities or institutions investigating a criminal or administrative offense (for example, crimes related to money laundering or terrorist financing) or any other illegal activity of the Client;
- Required for the trial of Hansebund Finance’s claim against the Client in the event that the Client has violated this Agreement and entailed negative consequences for Hansebund Finance.
- Required to protect Hansebund Finance from any claims arising from the Client’s misuse of the Service.
- At the Client’s request or as otherwise permitted by law, for example when the Client requests Hansebund Finance to provide a transaction history report as evidence of good standing to a third party;
- Intended for payment card issuers for the purposes of issuing or acquiring cards, authorizing and processing card transactions, processing claims (chargebacks or fraud) for cards bearing the payment card issuer’s logo, including, but not limited to, complete customer identification data and records.
- By accepting this Agreement, the Client hereby consents to Hansebund Finance to disclose information about the Client obtained during the provision of the Service, in accordance with the Law, under the following circumstances:
- To Hansebund Finance’s professional advisors (including, but not limited to, financial, legal and other advisors), the current or potential successor or assignee of Hansebund Finance’s claims against the Client or any third party who may enter into a contractual relationship with Hansebund Finance in relation to Hansebund Finance’s business relationship Finance with the Client;
- When disclosure of such information is required during an audit;
- When disclosure of such information is required by agencies or other persons that are generally bound by similar obligations of secrecy in the normal course of their business.
- The Client hereby consents to Hansebund Finance to process his data in accordance with the Privacy Policy. The Client confirms that he agrees with the transfer of the Client’s personal data to Hansebund Finance, as well as to agents and subcontractors of Hansebund Finance.
11. Final clauses
- This Agreement, as well as the rights and obligations of the parties, are established in accordance with the legislation of the Republic of Estonia. If the dispute cannot be resolved out of court, the Client may bring the claim to a court located in the Republic of Estonia, since this Agreement is concluded between Hansebund Finance and the Client who is using the Service for commercial purposes and cannot be qualified as a consumer.
- The Client does not have the right to assign or transfer his rights and obligations arising from the contract without the consent of Hansebund Finance. Any assignment or transfer without the prior written consent of Hansebund Finance is void.
- Hansebund Finance reserves the right to transfer or assign its rights and/or obligations under the Agreement to a third party, and in doing so, Hansebund Finance undertakes to ensure compliance with the following conditions: The Client is notified at least two months in advance of the changes by email (notification period is subject to change due to regulatory or legal requirements). If the Client does not approve such changes, the Client has the right to terminate the Agreement, provided that the Client has no pre-existing obligations to Hansebund Finance.
- Hansebund Finance may employ contractors to provide or assist in providing the Client with all or part of the Service.
12. Appendix 1 Tariffs
Account opening | | € 5 000 |
Account monthly fee | | € 0 |
Deposit to EUR SEPA | | € 0 |
Deposit to EUR SWIFT | Minimum € 100 | 2% |
Deposit to USD SWIFT | Minimum € 100 | 2% |
Deposit to BTC Mainnet | | € 0 |
Withdraw from EUR SEPA | Minimum € 100 | 2% |
Withdraw from EUR SWIFT | Minimum € 100 | 2% |
Withdraw from USD SWIFT | Minimum € 100 | 2% |
Withdraw from BTC Mainnet | Minimum € 100 | 2% |
Refund EUR/USD to BTC | Minimum € 100 | 10% |
Reference Letter | | € 50 000 |
Proof Of Funds (PoF) | | € 50 000 |