{"service":{"name":"BLIK","url":"https://blik.com/en/documentation","lang":"ENG","sector":"Finance","hq":"Poland","hq_category":"Poland","is_public":"Private","is_paid":"Optionally paid","date":"30.03.2020"},"document":{"title":"","text":"1 \n \n \n \n \n \nRegulations \nof the BLIK Mobile Payments System \n \n \n \n \n \n \n \nEighth edition, 30 March 2020 \n \n \n\n2 \n \nPart A – Regulations of the BLIK Payment Scheme \n \nI. GENERAL PROVISIONS \n§ 1. \n1. The BLIK payment scheme is a payment scheme within the meaning of the Act of 19 August 2011 on \npayment services (Journal of Laws No. 199, item 1175, as amended) operated by Polski Standard \nPłatności Sp. z o.o. as a payment organisation, closely linked with the BLIK Mobile Payments System \noperated by Polski Standard Płatności Sp. z o.o. as an operator of the payment system within the \nmeaning of the Act of 24 August 2001 on settlement finality in payment and securities settlement \nsystems and the rules for monitoring these systems (Journal of Laws No. 123, item 1351, as amended). \n2. This document sets forth the Regulations of the functioning of the BLIK Payment Scheme, in particular \nit specifies: \n1) the rules for participation in the scheme and duties of the Participants of this scheme; \n2) types of payment instruments that can be offered by Participant within the framework of the scheme; \n3) technical and organisational requirements related to participation in the BLIK Payment Scheme, as \nwell as requirements pertaining to the rules for making transactions in the BLIK Payment Scheme \nfor PSP, Issuers, Acquirers, Merchants, Users and Institutional Users, including the rules for \ninitiation, processing and input of Mobile Transactions for clearing in the BLIK Payments System \nor other payment systems, as well as the settlement of these transactions; \n4) requirements for providers the technical infrastructure used in relation to entrusting the tasks related \nto the ongoing functioning of the scheme; \n5) processing and clearing currencies of payment transactions made using the payment instruments \nissued within the framework of the scheme; \n6) infrastructure, payment systems and payment schemes to which the functioning of the scheme will \nbe related; \n7) principles of responsibility of the scheme Participants and PSP with respect to the processing and \nclearing of BLIK Transactions; \n8) principles of responsibility of the BLIK scheme Participants and PSP with respect to the processing \nof complaints related to BLIK Transactions; \n9) risks existing in relation to the functioning of the scheme and the method of managing particular \ntypes of risks related to the functioning of this scheme; \n10) organisational solutions of PSP as a payment organisation with respect to the structure and \nprocedures for making decision with respect to the activities involving the processing of BLIK \nTransactions within the framework of the BLIK Payment Scheme, and the method of determining \nthe costs of these activities. \n \n\n3 \n \n§ 2. \nTerms used in the Regulations and other documents issued by Polski Standard Płatności Sp. z o.o. in relation \nto the functioning of the BLIK Scheme shall have the following meaning: \nTerm \nDefinition \nAcquirer \nentity being a Participant who allows the execution of Mobile Transactions \nconducted using Accepting Devices, by transferring data pertaining to Mobile \nTransactions for processing within the framework of the BLIK Scheme, and \ncarrying out activities resulting in the transfer of cash in relation to the execution \nof Mobile Transactions to the Merchant or another entitled entity  \nSecured Agent \nAcquirer who has an account with the Securing Issuer, designated for the Clearing \nand Settlement of Mobile Transactions input into the BLIK System by this \nSecured Agent  \nMerchant \nentity authorised, based on the agreement with the Acquirer, to accept BLIK \nTransactions and receive cash for accepting Mobile Transactions from the \nAcquirer \nAlias \npermanent (multiple-use) BLIK Code used for the purposes of identifying the \nMobile Account registered in the PSP System based on the order of the Issuer, \nused in compliance with the Technical Specification for Participants \nMobile Application \napplication for mobile devices made available by the Issuer to the User, meeting \nthe requirements set forth in the Agreement and the Regulations, and approved by \nPSP as a tool used by the Users to initiate or confirm BLIK Transactions \nmPOS Application \napplication for mobile devices made available by the Acquirer, meeting the \nrequirements set forth in the Agreement and the Regulations, and approved by \nPSP as a tool for the Merchant accepting Mobile Transactions initiated by the User \nwith the Mobile Application \nAuthorisation \nprocess carried out by the Issuer to confirm the possibility of implementing the \nBLIK Transaction by the User or the Institutional User \nExpress ELIXIR \nInstant Transfer System operated by KIR \nELIXIR \nnon-instant payment order clearing system operated by KIR \nKIR \nKrajowa Izba Rozliczeniowa S.A. (National Clearing House) \nPFSA \nPolish Financial Supervision Authority \nOne-Time Code \nstring of characters or digits generated by PSP or another string of characters or \ndigits registered in the PSP System by the Issuer, which can be used only for the \nAuthorisation of a single Mobile Transaction during its validity period set in the \nTechnical Specification for Participants \n\n4 \n \nBLIK Code \nOne-Time Code or an Alias necessary for the Authorisation of the BLIK \nTransaction or authentication of a User or an Institutional User \nMobile Account \nrepresentation of the Mobile Application instance in the BLIK System or \nrepresentation of another functionality made available by the Issuer, using the \nBLIK Code uniquely identifiable with a unique identifier assigned by the Issuer \nMastercard \nMastercard Europe SA, with its registered office in Waterloo \nMCBP \ntechnology developed by Mastercard, based on tokenisation of payment \ninstruments, allowing the performance of BLIK C Transactions initiated using the \nMobile Applications  \nNBP \nNational Bank of Poland \nOgnivo \nIT System enabling the exchange of information on complaints, operated by KIR \nClearing Position \namount credited or debited to the particular party of the Mobile Transaction, for \nto the performance of the Mobile Transaction \nPSP \nPolski Standard Płatności Sp. z o.o., with its registered office in Warsaw, \nul. Cypryjska 72, entered into the register by the District Court for the capital city \nof Warsaw in Warsaw, 13th Commercial Division of the National Court Register \nwith the KRS number 0000493783, Tax Identification Number (NIP): \n5213664494, Statistical Identification Number (REGON): 147055889 \nTechnical Account \naccount established by PSP for the purposes of Clearing \nParticipant’s \nAccount \nbank account indicated by the Participant, for the purposes of Clearing \nRegulations \ncontract template document, attached as an appendix to the Agreement on \nParticipation, including the Regulations of the BLIK Payment Scheme and the \nRegulations of the BLIK Payment System, together with appendices to this \ndocument setting forth the principles for the functioning of the BLIK Scheme and \nthe BLIK system \nRegulations of the \nBLIK Payment \nScheme \nPart A of the Regulations describing the Regulations for the functioning of the \nBLIK Scheme \nRegulations of the \nBLIK Payments \nSystem \nPart B of the Regulations describing the Regulations for the functioning of the \nBLIK System \nClearing \nprocess carried out by PSP in order to calculate liabilities and receivables of each \nof the Participants and the Cooperating Scheme of the BLIK System, taking \naccount fees due to Issuers and Acquirers \nSettlement \nprocess of settlement of Mobile Transactions carried out by KIR, using the \nELIXIR system via the Technical Account that is aimed at debiting or crediting \n\n5 \n \naccounts of Issuers, and crediting accounts of Acquirers or the Cooperating \nScheme, whereas in the case of Secured Agents, aimed at debiting or crediting \naccounts maintained for these entities by Securing Issuers, based on the Clearing \nprepared by PSP \nBLIK-C \nTransactions \nAcceptance Network \nentities running points of sales or service points, operating contactless payment \nterminals allowing acceptance of BLIK-C Transactions, marked with the BLIK or \nMastercard mark, located in the territory of the Republic of Poland or outside the \nterritory of the Republic of Poland \nPSP Clearing \nSession \ntime period, based on which Clearing Positions of the Participants and the \nCooperating Scheme are calculated with respect to Mobile Transactions that were \ntransferred for Clearing during that period \nTechnical \nSpecification for \nParticipants \ndocument presenting an overall description of the rules of the functioning of the \nBLIK System, attached as an appendix to the Rules \nBLIK Scheme \nBLIK Payment Scheme operated in relation to the BLIK Mobile Payments System \nby PSP as a payment organisation within the meaning of the Act of 19 August \n2011 on payment services, allowing the correct execution of Mobile Transactions \ncleared in the BLIK System and allowing the execution of other BLIK \nTransactions cleared through interbank transfers, or in payments systems other \nthan the BLIK System, operated based on the Act of 24 August 2001 on settlement \nfinality in payment and securities settlement systems and the rules for monitoring \nthese systems (Journal of Laws No. 123, item 1351, as amended) \nBLIK System \nBLIK Payment System operated by PSP based on licence no. D/III/SP/2014, \nissued by the President of the National Bank of Poland, being a payment system \nwithin the meaning of the Act of 24 August 2001 on settlement finality in payment \nand securities settlement systems and the rules for monitoring these systems \n(Journal of Laws No. 123, item 1351, as amended) \nBLIK Mobile \nPayments System \nfunctionally-related BLIK Scheme and the BLIK System \nSPN Instant Transfer \nSystem \ninstant transfer system enabling on-line interbank settlements \nPPS System \nall IT systems used by PSP for the purposes related to the operation of the BLIK \nScheme and the BLIK System or any of them \nTokenisation System \nMDES IT system, managed and operated by Mastercard, carrying out the \ntokenisation function, used in the processes necessary for the purposes of \nexecuting BLIK-C Transactions \nCooperating Scheme \npayment scheme within the meaning of the Act of 19 August 2011 on payment \nservices, being a payment card system, operated by Mastercard and notified to the \nNational Bank of Poland in accordance with Article 132zo of the Act of 19 August \n\n6 \n \non payment service, cooperating with Polski Standard Płatności Sp. z o.o. with \nrespect to BLIK-C Transaction processing \nBLIK Transaction \ntransaction initiated or executed using the BLIK Code in accordance with the \nAgreement on Participation or another agreement concluded with PSP, by the \nParticipant using BLIK Codes \nBLIK-C Transaction \nMobile Transaction initiated with the Mobile Application in the POS terminal \noperated by an entity belonging to the BLIK-C Transactions Acceptance Network, \nimplemented in a contactless way, based on the Alias, using the Tokenisation \nSystem and MCBP. \nMobile Transaction \nshall mean: \na) transfer of cash to the account of the Merchant, made through the \nAcquirer providing services to this Merchant, debiting the account kept \nby the Issuer for the User, based on the order initiated by the User using \nthe Mobile Application; or \nb) cash withdrawal or payment executed based on the order made by the \nUser, using the Mobile Application; or \nc) transfer of cash to the account of the User, made through the Cooperating \nScheme or the Acquirer providing services to this Merchant, who \naccepted the order to return cash to the account of the User, initiated using \nthe Mobile Application or unique identifier of the Mobile Transaction to \nwhich the return refers; or \nd) transfer of cash to the account of the Cooperating Scheme, debiting the \naccount kept by the Issuer for the User, made based on the order to \nexecute the BLIK-C Transaction initiated by the User using the Mobile \nApplication. \ne) P2P Transaction cleared using the BLIK System or P2P-R Transaction \ncleared using the BLIK System. \nP2P Transaction \ntransaction made within the framework of the BLIK Scheme, using internal \ntransfers (for P2P Transactions between Users or between the Institutional User \nand the User, where they are the clients of the same Issuer), Instant Transfer \nSystem or the BLIK System between two Users or between the Institutional User \nand the User, without intermediation of the Acquirer, in the case of which the \nNRB number of the recipient is determined using the Mobile Accounts database, \nwhereas the sender identifies the recipient using a unique identifier previously \nexplicitly assigned to the recipient in compliance with requirements set forth in \nthe Technical Specification for Participants, especially a mobile telephone number \nor e-mail address \nP2P-R Transaction \ntransaction made within the framework of the BLIK Scheme, using internal \ntransfers (for P2P-R Transactions between Users, where they are the clients of the \nsame Issuer), Instant Transfer System or the BLIK System between two Users, \n\n7 \n \nwithout intermediation of the Acquirer, initiated by the payment recipient by \nsending the message with a request for the transfer to the transfer sender through \nthe PSP System, including information on details of the User requesting the \ntransfer in compliance with requirements set forth in the Technical Specification \nfor Participants. \nParticipant \nentity that concluded with PSP the Agreement on Participation, meeting \nconditions of participation in the BLIK Scheme and in the BLIK System set forth \nin the Rules and the Agreement on Participation \nAgreement on \nParticipation \nagreement concluded by and between PSP and the Participant, setting forth \ngeneral principles of the functioning of the BLIK Scheme and the BLIK System, \nand describing obligations of PSP and the Participant with respect to PSP making \navailable services within the framework of the BLIK Scheme and the BLIK \nSystem, and the BLIK Scheme \nAccepting Device \ndevice or software allowing initiating BLIK Transactions, in particular a POS \nterminal, software installed in the Internet store (eCommerce, mCommerce), \nmPOS Application, ATM, operated by the Merchant, Acquirer or an entity \nfunctioning in the BLIK-C Transactions Acceptance Network that is neither the \nMerchant nor the Acquirer \nUser \nnatural person, who uses the activated Mobile Application of this Issuer or another \nservice or functionality made available by the Issuer, using the BLIK Code, in \naccordance with the agreement with the Issuer \nInstitutional User \nlegal person or unincorporated organisational unit that is granted legal capacity \nby the act, who uses the BLIK functionalities as provided for in the Technical \nSpecification for Participants for this category of users, in accordance with the \nagreement with the Issuer \nIssuer \nentity that is the Participant of the BLIK System and the BLIK Scheme, making \navailable the Mobile Application to its clients, in order to enable the execution of \nBLIK Transactions \nSecuring Issuer  \nIssuer obliged to ensure, on its nostro account with the NBP, the cash necessary \nfor the purposes of Clearing and Settlement of Mobile Transactions input into the \nBLIK System by Secured Agents, for whom this Issuer keeps accounts designated \nfor Clearing and Settlement of Mobile Transactions \nMark \ntrademark determined in an appendix to the Agreement on Participation, property \ncopyrights to which are held by PSP \n \n \n \n\n8 \n \nII. GENERAL INFORMATION ON THE BLIK SCHEME \n§ 3. \n1. The BLIK Scheme operates on a continuous basis, i.e. on each day of the year, twenty-four hours a \nday, excluding scheduled technical breaks. \n2. Payment transactions made using payment instruments issued within the framework of the BLIK \nScheme are processed and cleared in Polish zloty. \n3. BLIK Transactions can be initiated by Users and Institutional Users, at any time during the operation \nof the BLIK Scheme. \n4. Mobile Transactions are cleared in net amounts, taking into account fees due to Issuers, Acquirers \nand the Cooperating Scheme. \n5. Fees for services made available to Participants within the framework of the BLIK Scheme are \ncalculated in accordance with the price list of services provided by PSP, attached as appendix no. 1 \nto the Regulations, and are settled based on invoices issued on a monthly basis. \n6. Organisational solutions of PSP as a payment organisation with respect to the structure and \nprocedures for making decision with respect to the activities involving the processing of BLIK \nTransactions within the framework of the BLIK Payment Scheme should ensure stable and safe \nfunctioning of the BLIK Scheme, and guarantee PSP’s independence in terms of accounting, \norganisation and decision-making within the scope in question. \n7. PSP independently and autonomously determines the costs of the activities carried out, involving the \nprocessing of BLIK Transactions, and takes these costs into account when developing the financial \nmodel of its functioning as a payment organisation operating the BLIK Scheme. \n8. Principles of access to the BLIK Scheme are determined based on criteria that are objective, equal \nand proportional. Limitations of access to the BLIK Scheme cannot be greater than necessary in \norder to ensure the protection against specific risks, especially settlement risk, operational risk and \nbusiness risk, and the financial and operational protection of the stability of the BLIK Scheme. \n9. As a payment organisation, PSP operates the BLIK System using its own technical infrastructure or \nestablishes cooperation with providers, who as a result of mandating them to carry out tasks related \nto the current functioning of the BLIK Scheme, provide services at the level ensuring effective and \nstable functioning of the BLIK Scheme. \n10. Participation in the BLIK Scheme and the BLIK System involves the Participants incurring business \nrisks resulting from the potential occurrence of events triggering the settlement guarantee mechanism \nin accordance with the principles of the functioning of the BLIK System, and operational risks related \nto the potential occurrence of events involving the inability to process data by PSP or other \ndisruptions of the functioning of the BLIK Scheme or the BLIK System. \n11. The Issuer is the Participant providing to the User or the Institutional User a payment service \ninvolving the provision of access to the payment instrument that allows commissioning the execution \nof BLIK Transactions. The Acquirer performs activities necessary to execute the BLIK Transaction, \nintermediating as the Participant of the BLIK Scheme and the BLIK System in the performance of \nthe payment service provided to the User or the Institutional User by the Issuer making available the \npayment instrument in the form of a Mobile Application, service or function using the BLIK Code. \n\n9 \n \n12. PSP processes the personal data of Users entrusted by Participants or the Cooperating Scheme within \nthe scope specified in Agreements on Participation or other agreements for the purposes of \nperforming activities related to the operation of the BLIK Scheme and the BLIK System. \n \n \nIII. PARTICIPATION IN THE BLIK SCHEME AND THE BLIK SYSTEM  \n§ 4. \n1. Any entity with a registered office on the territory of a member state of the European Economic Area, \nthat is authorised to carry out activities in the Republic of Poland in accordance with applicable \nregulations, as well as meets all the conditions listed below, can be a Participant of the BLIK Scheme \nand the BLIK System: \na. is a domestic bank, branch of a foreign bank, credit institution or branch of a credit institution within \nthe meaning of the Act of 29 August 1997 – Banking Law (consolidated text of 15 September 2017, \nJournal of Laws of 2017, item 1876), payment institution, hybrid payment institution, electronic money \ninstitution, hybrid electronic money institution, small payment institution with legal personality or \nhybrid small payment institution with legal personality within the meaning of the Act of 19 August 2011 \non payment services (consolidated text of 28 September 2017, Journal of Laws of 2017, item 2003); \nb. signed the Agreement on Participation in the BLIK System or the Agreement on Indirect Participation \nin the BLIK System, and has accepted the provisions of the Regulations and other appendices to the \nAgreement, especially the Technical Specification for Participants; \nc. holds a Participant’s Account \nd. in the case of the Issuer – is authorised to provide payment services involving the issuance of payment \ninstruments, and participates in the ELIXIR system operated by KIR and has a current account with the \nNBP (indirect participation) or indicates, in the Agreement on Indirect Participation in the BLIK \nSystem, a current account with the NBP of the Issuer having a current account with the NBP that will \nbe used for clearing purposes (indirect participation); \ne. in the case of the Acquirer – based on the received administrative licence to carry out activities, is \nauthorised to provide payment services involving acquiring, acceptance of cash payments, making cash \nwithdrawals from the payment account or execution of payment transactions; \nf. will pay the fee for joining the BLIK System in accordance with the price list of services provided by \nPSP (appendix no. 1 to the Regulations); \ng. will pass the technology tests within the scope of cooperation with the PSP System, carried out in \nkeeping with the principles and within the scope specified in the Technical Specification for \nParticipants; \nh. will not generate risk to the stability and proper functioning of the BLIK Scheme and the BLIK System; \ni. will agree with PSP on the date of joining the BLIK System, will carry out the activities necessary to \nexecute BLIK Transactions no later than 18 months of the date of concluding the Agreement on \nParticipation in the BLIK System, and will not make a declaration of will resulting in excluding the \napplication of the provisions of the Regulations determining the principles of the functioning of the \nBLIK System or BLIK Scheme to this entity. \n\n10 \n \n2. Participation in the BLIK Scheme is linked to participating in the BLIK System. The Participant cannot \nuse the BLIK Scheme without concluding the Agreement on Participation in the BLIK System. \n3. Certain functionalities may be made available to the Participant on the condition that this Participant \nmeets the conditions set out in the Agreement on Participation or the Regulations. \n \nIV. \nOBLIGATIONS OF PSP AND THE PARTICIPANTS, AS WELL AS PRINCIPLES OF \nRESPONSIBILITY WITH RESPECT TO THE PROCESSING AND CLEARING OF \nBLIK TRANSACTIONS \n§ 5. \nPSP shall be responsible for ensuring that the functioning of the BLIK Scheme and the BLIK System \ncomplies with legal regulations, as well as for ensuring the safety and effectiveness of the functioning of the \nBLIK Scheme and the BLIK System, and for the management of the BLIK Scheme and the BLIK System, \nand in particular, it shall: \na. determine the principles of participation in the BLIK Scheme and the BLIK System; \nb. evaluate the compliance of solutions used by Participants with requirements set forth in the Agreement \nand the Regulations; \nc. promote the Mark used to distinguish the BLIK Scheme and the BLIK System, and manage this Mark; \nd. develop the acceptance network for the BLIK Scheme in cooperation with Participants; \ne. gather and make available to Participants information on the acceptance network for the BLIK Scheme; \nf. arrange campaigns promoting BLIK Transactions; \ng. set forth the requirements and technical standards determining the principles of the functioning of the \nBLIK Scheme and the BLIK System; \nh. set forth the requirements and technical standards determining the principles of communication between \nthe BLIK Scheme and the BLIK System, and the Participant; \ni. \nset out uniform and non-discriminatory criteria for authorising the use of Mobile Applications made \navailable by the Issuers within the framework of the BLIK System and the BLIK Scheme; \nj. \nestablish the security principles of the BLIK Scheme and the BLIK System; \nk. carry out periodic audits of the Participant’s compliance with the Agreement on Participation, \nRegulations and the Technical Specification for Participants; \nl. \ndevelop functionalities made available in the BLIK Scheme and the BLIK System; \nm. set standards of the clearing process, complaint and other report processing, as well as a uniform format \nfor communicating with Participants and the Cooperation Scheme; \nn. notify Participants of non-compliances of solutions used by the Participants with requirements set forth \nin the Agreement or the Regulations, specify the time limit for rectification thereof and take steps aimed \nat eliminating these non-compliance by the Participants; \no. analyse risks in relation to the functioning of the BLIK Scheme and determine the method of managing \nparticular types of risks related to the functioning of the BLIK Scheme. \n \n§ 6. \n\n11 \n \nWith respect to the operation of the BLIK Scheme and the BLIK System, PSP is obliged to act in compliance \nwith the provisions of the Agreement on Participation, Regulations and the requirements of the Technical \nSpecification for Participants. In particular, PSP shall: \n \na. ensure operation of the BLIK System in compliance with the conditions described in the Technical \nSpecification for the Participant; \nb. verify BLIK Transactions transferred to the BLIK System in view of compliance with technical \nconditions referred to in the Technical Specification for Participants; \nc. notify the Participants in the case of sending messages inconsistent with the Technical Specification for \nParticipants; \nd. verify whether the Issuer satisfied the criteria for the authorisation for using Mobile Applications made \navailable by the Issuers and used within the framework of the BLIK System; \ne. enable the Participants to connect to the infrastructure of the BLIK System in compliance with the \nconditions described in the Technical Specification for Participants; \nf. identify the technical and organisational solutions allowing the flow of data necessary for the purposes \nof examining the Participants’ complaints with respect to BLIK Transactions; \ng. notify the Participants, at least five days in advance, of the unavailability of the BLIK System as a result \nof scheduled technical break; \nh. immediately notify Participants of any failure of the BLIK System; \ni. \nprovide services involving the generation and recording of BLIK Codes used to execute BLIK \nTransactions; \nj. \nmaintain the Mobile Accounts database and ensure the tele-information structure necessary for the \nexecution of BLIK Transactions; \nk. prepare clearing files for the purposes of Settlement of Mobile Transactions between BLIK System \nParticipants; \nl. \nundergo periodic audits to ensure compliance of the functioning of the BLIK Scheme with the \nprovisions of the Agreement on Participation, Regulations and the requirements of the Technical \nSpecification for Participants; \nm. carry out activities related to triggering the Settlement guarantee mechanism referred to in the \nRegulations of the BLIK Payment System; \nn. carry out activities related to the processing of complaints related to BLIK Transactions; \no. take decisions on a new Participant joining the BLIK Scheme and the BLIK System, as well as making \navailable particular functionalities of the BLIK Scheme and the BLIK System to Participants. \n \n§ 7. \n1. The Participant shall be obliged to act in compliance with the provisions of the Agreement on \nParticipation, Regulations and the requirements of the Technical Specification for Participants, and in \nparticular shall be obliged to: \n \na. execute BLIK Transactions in a way consistent with the Technical Specification for Participants; \nb. connect to the infrastructure of the BLIK System in compliance with the conditions described in the \nTechnical Specification for Participants; \n\n12 \n \nc. undergo periodic tests and audits in accordance with the conditions set in the Agreement on \nParticipation; \nd.  notify of scheduled maintenance breaks in the Participant’s IT System five days in advance, and of any \nfailures – immediately; \ne. immediately notify PSP of the occurrence and removal of failures of the Participant’s system; \nf. immediately notify of any changes of its data provided to PSP; \ng. use the Trademark for the purposes of promoting BLIK Transactions and P2P Transactions; \nh. if the Participant is the Acquirer being the Secured Agent, this Agent shall be additionally obliged to: \n \nkeep a bank account for the purposes of Clearing and Settlement of Mobile Transactions input into \nthe BLIK System by this Secured Agent with the Issuer being the Securing Issuer for this Secured \nAgent; \n \nconclude an Annex to the Agreement on Participation for the Secured Agent; \ni. \nif the Participant is the Issuer being the Secured Issuer, this Issuer shall be additionally obliged to: \n \nkeep a bank account for the purposes of Clearing and Settlement of Mobile Transactions input into \nthe BLIK System by this Secured Agent for the Acquirer being the Agent Secured by this Securing \nIssuer; \n \nensure, in accordance with section 2 item b) below, on the nostro account with the NBP of this \nIssuer, cash necessary for the purposes of Settlement of Mobile Transactions input into the BLIK \nSystem by the Secured Agent referred to in the previous bullet point; \n \nensure, in accordance with section 2 item c) below, additional cash in the amount required for \nSettlement of Mobile Transactions as a result of triggering the Settlement guarantee, in accordance \nwith the principles of the functioning of the BLIK System; \n \nconclude an Annex to the Agreement on Participation for the Securing Issuer. \n \n2. The Participant being the Issuer shall be obliged to carry out the following activities: \n \na. ensuring cash necessary for the purposes of Settlement in accordance with the principles of the \nfunctioning of the BLIK System and settlement, by the NBP, of financial flows related to Mobile \nTransactions cleared within the framework of the BLIK System, by proper liquidity management on the \nParticipant’s nostro account with the NBP; \nb. where the Issuer is the Securing Issuer – ensuring the cash necessary for the purposes of Settlement of \nMobile Transactions input into the BLIK system by Secured Agents, for whom it keeps accounts for \nthe purposes of the processing of Mobile Transactions of these Secured Agents, in accordance with the \nprinciples of the functioning of the BLIK System and settlement, by the NBP, of financial flows related \nto Mobile Transactions cleared within the framework of the BLIK System, by proper liquidity \nmanagement on the Participant’s nostro account with the NBP; \nc. ensuring additional cash, including resources for the Securing Issuer, in the amount required for \nSettlement of Mobile Transactions as a result of triggering the Settlement guarantee, in accordance with \nthe principles of the functioning of the BLIK System, while applying the Operational Procedure for \nParticipants – Settlement Guarantee Processing; \nd. in the case of the initiation of the bilateral clearing process – making transfers in the ELIXIR system in \naccordance with orders of PSP, in amounts and to the Cooperating Scheme and Acquirers, including \nSecured Agents or to other Issuers, whose Users executed Mobile Transactions input into the BLIK \n\n13 \n \nSystem by Secured Agents, or making, in accordance with orders of PSP, settlements on accounts kept \nby these Issuers as Securing Issuers for Secured Agents; \ne. granting a relevant power of attorney to KIR to input into the ELIXIR system on behalf of the Issuer \ntransfer orders pertaining to the BLIK System Settlement carried out in accordance with the principles \nof the functioning of the BLIK System; \nf. making available to Users and Institutional Users the Mobile Application, other service or functionality \nusing the BLIK Code; \ng. authenticating Users in the Mobile Application; \nh. obtaining One-Time Codes generated by PSP for the purposes of executing Mobile Transactions; \ni. \nreporting Mobile Accounts for registration by PSP; \nj. \nreporting BLIK Codes that were not generated by PSP for registration by PSP; \nk. making Authorisations of BLIK Transactions using only the BLIK Code made available or registered \nby PSP; \nl. \nimmediately updating the status of the User’s Mobile Account in the BLIK System, especially in the \ncase of the User or the Institutional User resigning from the service allowing the initiation of BLIK \nTransactions; \nm. implementing the procedure for the monitoring of transactions understood as BLIK Transactions \ninitiated by unauthorised persons and notifying PSP of identified instances of unauthorised transactions \nwithin no more than two working days; \nn. notifying Users and Institutional Users of any risks related to the services offered by Issuers within the \nframework of the BLIK Scheme, especially risks related to making payment transaction online and \nthrough Mobile Applications. \n \n3. The Participant can meet the obligations resulting from the Agreement and the Regulations through or \nwith the participation of third parties, provided that, in the agreement concluded with such an entity, the \nParticipant ensures the protection of information at the level no lower than specified in the Agreement \non Participation and the Regulations. The Participant shall notify PSP, one month in advance, of the \ninvolvement of entities referred to in the previous sentence in the performance of the Agreement and \nthe Regulations. PSP may, for important reasons, object to the Participant entrusting the fulfilment of \nits obligations to a third party, within 14 days of receiving the notification referred to in the previous \nsentence. \n \n4. The Participant can make available the Regulations and other documents pertaining to the functioning \nof the BLIK System to entities referred to in the point above, within the scope necessary for the provision \nof services by these entities to the Participant. \n \n5. Participants shall be authorised to use BLIK Codes or other functionalities made available within the \nframework of the BLIK Scheme, only for the purposes of the provision of service involving the \nprocessing of BLIK Transaction in accordance with the provisions of the Agreement on Participation \nand the Regulations. \n \n6. The Participant shall be authorised to use the data made available in relation to participation in the BLIK \nScheme and the BLIK System only for the purposes of proper fulfilment of obligations under the \nAgreement on Participation. \n\n14 \n \n \n7. The Participant being the Acquirer processing, without the Securing Issuer’s participation, payments \ninitiated outside the own network of the particular Acquirer as the Issuer, and executed using the BLIK \nCode, shall be obliged to ensure the security deposit in the amount equivalent to three times the average \ndaily volume of withdrawals processed by this Acquirer and cleared in the BLIK System in the month \npreceding the month for which the deposit amount is calculated. The amount of the deposit that the \nAcquirer is obliged to ensure in a given month shall be calculated by PSP by the fifth day of the given \ncalendar month, based on the date for the previous calendar month collected in the PSP System. The \nAcquirer shall be notified by PSP of the amount of the deposit required in the given month, by the \nseventh day of this month. \n \n8. The security deposit shall be paid by the Acquirer to the dedicated bank account of PSP. PSP cannot \nuse the deposit for any purposes other than settlement of amounts due from the Acquirer to Issuers and \nPSP, resulting from Clearing. \n \n9. PSP shall be authorised to cover, from the deposit, amounts due to Participants of the BLIK System or \nPSP from the Acquirer in relation to settlements carried out in the BLIK System if these amounts are \nnot covered by the Acquirer in accordance with the Operational Procedure for Participants – “Processing \nof the Acquirer’s counter position,” in the amount necessary to satisfy the Acquirer’s liabilities to the \nIssuer specified in § 12 section 2 of the Regulations. \n \n10. The use of the Deposit shall involve PSP ordering, from the deposit account, transfers to Issuers or PSP \nin order to satisfy amounts due to the Issuers or PSP from the Acquirer, within the scope and in the \namount determined by PSP in accordance with the Regulations. If the PSP covers, from the Deposit, \namounts due from the Acquirer to other Participants or PSP, the PSP obligation to return the deposit \namount shall expire in the part that was used to satisfy claims of other Participants or PSP. \n \n11. If the actual amount of the deposit transferred by the Acquirer to the account referred to in section 8 is \nlower than the amount calculated by PSP in accordance with section 7, PSP shall call the Acquirer to \nsupplement the deposit, whereas the Acquirer shall be obliged to supplement the deposit by the missing \namount within no more than 3 working days of the request. If the current deposit is higher than the \nrequired deposit amount calculated by PSP for the given month, the Acquirer may request PSP to return \nthe surplus to the specified bank account, whereas PSP shall return the surplus within three working \ndays. \n \n12. The Acquirer’s failure to settle amounts due to the BLIK System in relation to the processing of \npayments or to supplement the deposit to the amount required in accordance with section 7 shall \nauthorise PSP to take steps provided for in §19 of the Regulations. \n \n§ 8. \n1. Participants and PSP shall be held liable only for the consequences of their performance of activities \nrelated to the BLIK Transaction processing in a way inconsistent with the Agreement or the Regulations. \n\n15 \n \nAs a result, Participants and PSP shall not be responsible for the Merchant’s failure to provide the goods \nor services or for any inconsistencies of the parameters of the goods and/or services with the agreement \nbetween the User or the Institutional User and the Merchant. Such claims shall be resolved directly \nbetween the User or the Institutional User and the Merchant. \n \n2. The Acquirer shall be held liable to other Participants and PSP for the consequences resulting from the \nAcquirer or the Merchant inputting a BLIK Transaction into the PSP System in bad faith or as a result \nof a crime, including for unauthorised actions of third parties in the systems of the Acquirer or the \nMerchant. \n \n3. The Issuer shall be held liable to other Participants and PSP for the consequences resulting from the \nIssuer, User or the Institutional User inputting a BLIK Transaction into the PSP System in bad faith or \nas a result of a crime, including for unauthorised actions of third parties in the systems of the Issuer or \nin the Mobile Application. \n \n \nV. \nPROCESSING OF COMPLAINTS AND OTHER NOTIFICATIONS \n§ 9. \n1. PSP shall process complaints and other notifications pertaining to the BLIK Scheme and the BLIK \nSystem based on the Ognivo system operated by KIR. In special cases (e.g. failure of the Ognivo \nsystem), the Participant shall be able to make the complaint or submit other notification to PSP via \nelectronic mail or other communication system specified in the agreement concluded by and between \nPSP and the Participant or the Cooperating Scheme. \n2. Complaints and other notifications registered by Participants in the Ognivo system shall be sent to PSP. \nPSP shall carry out the investigation in order to process the complaint. \n3. PSP shall calculate a fee for processing the complaint, in the amount set in the price list attached as \nAppendix no. 1 to the Regulations, and the fee shall be borne by the Participant, whose non-performance \nor improper performance of obligations under the Agreement on Participation or the Regulations \nresulted in the event that provided a basis for making the complaint by another Participant. If, while \nprocessing the complaint it is determined that the complaint was made in circumstances in which neither \nany of the Participants nor PSP can be considered responsible for the non-performance or improper \nperformance of the Agreement or the Regulations, the fee for processing the complaint shall be collected \nfrom the Participant that made this complaint. PSP shall waive the fee for processing the complaint in \ninstances referred to in the Operational Procedure for Participants – Processing of notifications, \ninquiries and complaints pertaining to mobile payments. \n4. In addition to the fee referred to in section 3, in the case of the Issuer making a complaint with respect \nto the BLIK-C Transaction cleared with the Cooperating Scheme, PSP shall collect from the Issuer the \nfee for the Cooperating Scheme or shall transfer to the Issuer the fee received from the Cooperating \nScheme in the amount set in the price list attached as Appendix no. 2 to the Regulations. The procedure \nfor collecting and settling the fees for the processing of complaints pertaining to BLIK-C Transactions \n\n16 \n \nis described in the Operational Procedure for Participants – Processing of notifications, inquiries and \ncomplaints pertaining to mobile payments. \n5. In the case of the complaint lodged by the Participant, including a specific claim made by the User, \nInstitutional User, Merchant or the Participant, resulting from the non-performance or improper \nperformance of obligations under the Agreement on Participation or the Regulations by PSP or another \nParticipant, costs related to processing such claims shall be borne by the entity that failed to perform or \nimproperly performed obligations under these documents. In the Ognivo system, PSP shall notify \nParticipants taking part in the complaint review process of the outcome of the complaint proceedings \ncarried out, indicating the Participant that caused the event providing a basis for the complaint, and the \nnumber of the account of the Participant, to which the Participant indicated by PSP is obliged to transfer \nthe amount of the claim made. \n6. Any doubts with respect to identifying the entity responsible for the occurrence of the event providing \na basis for the complaint shall be resolved by PSP. \n7. The Participant shall be obliged to review complaints and other notifications, and to submit to PSP any \navailable documents and information required in the complaint process in accordance with the \nOperational Procedure for Participants – Processing of notifications, inquiries and complaints pertaining \nto mobile payments, and within time frames specified in this procedure. \n8. PSP shall be obliged to review complaints and other notifications, and to submit to the Participant \nreceived documents and information required in the complaint process, and to correct the amount of the \ntransaction subject to the complaint or to cancel the transaction subject to the complaint, provided that \nthe need for such an operation arises from the Operational Procedure for Participants – Processing of \nnotifications, inquiries and complaints pertaining to mobile payments. \n9. In the case of the need to obtain additional information necessary to review the complaint, PSP shall \nrequest the responsible Participant to provide this information. The Participant shall be obliged to \nimmediately send the information required to review the complaint, at the request of PSP. \n10. PSP shall notify Participants involved in the complaint proceedings of the process thereof and, if \nnecessary, shall send to Participants reminders in order to ensure meeting the agreed time limits for \nprocessing the complaint. \n11. The Participant’s failure to express an opinion on the complaint within the time limit set in the \nOperational Procedure for Participants – Processing of notifications, inquiries and complaints pertaining \nto mobile payments shall be considered equivalent to this Participant recognising the complaint as \njustified and due to reasons attributable to this Participant. \n12. If the complaint made by the Participant is not considered justified, the Participant shall be entitled to \nrequest additional documentation justifying the refusal. \n13. In the case of the Participant making a complaint pertaining to the Mobile Transaction other than the \none referred to in section 14, the correction of the amount of the transaction subject to the complaint or \ncancellation of the transaction subject to the complaint shall be made by PSP based on: \n\n17 \n \na) acceptance of the Participant that will be charged as a result of this correction or cancellation; \nor \nb) considering the complaint justified in accordance with the procedure specified in section 11. \n14. In the case of the Issuer making a complaint pertaining to the Mobile Transaction unauthorised by the \nUser, to which the Acquirer affixed the message referred to in §11 section 7, and which was subject to \nthe Authorisation by the Issuer without confirming this transaction by the User in the Mobile \nApplication, the Acquirer shall be obliged to return the amount of such a transaction to this Issuer, \nunless the Acquirer provided the Issuer with the declaration confirming the proper execution of the \nMobile Transaction in the system of the Acquirer and the Merchant, to which the Mobile Transaction \nsubject to the complaint refers, and confirmed the application of technical and organisational solutions \nreferred to in §11 section 7, whereas the position presented by the Acquirer with respect to the complaint \nwas not disputed by the Issuer. \n15. To the declaration referred to in section 14, the Acquirer shall attach documents referred to in the \nOperational Procedure for Participants – Processing of notifications, inquiries and complaints pertaining \nto mobile payments. \n16. PSP carrying out any operations as a result of complaint proceedings cannot be considered the ground \nfor authorising the Participant or the User to conclude that the User participated in concluding the \nMobile Transaction or received the goods or services paid for, or other benefits as a result of this \ntransaction. \n§ 10. \nCorrections of amounts of transactions subject to complaints or cancellations of transactions subject to \ncomplaints referred to in §9 section 12, as well as returns of amounts referred to in §9 section 14, shall be \nmade by PSP in accordance with the Operational Procedure for Participants – Processing of notifications, \ninquiries and complaints pertaining to mobile payments.. \n \nVI. \nAUTHORISATION OF BLIK TRANSACTIONS \n§ 11. \n1. The queue of orders in the BLIK System shall be managed in accordance with the First In, First Out \nrule. Consequently, BLIK Transactions shall be executed and Mobile Transactions shall also be cleared \nin the sequence of inputting the orders into the BLIK System. \n2. Authorisation of BLIK Transactions shall be carried out in the BLIK Scheme by Issuers, using BLIK \nCodes. \n3. The general model of executing BLIK Transactions using the One-Time Code generated by PSP \ninvolves the following stages: \na. Generation of the One-Time Code by PSP: \n\n18 \n \nAt the request of the User submitted through the Mobile Application to the Issuer or at the request \nof the Institutional User submitted using a functionality other than the Mobile Application, made \navailable by the Issuer, the Issuer sends to PSP the request to generate the One-Time Code. The \nOne-Time Code is generated by PSP and returned to the Issuer. PSP keeps identifiers of the Issuer \nand the Mobile Account for which the One-Time Code was generated. The generated One-Time \nCode is displayed in the Mobile Application of the User or made available using another service or \nfunctionality made available by the Issuer. \nb. Entering the One-Time Code generated by PSP into the Accepting Device: \nThe User or a natural person authorised by the Institutional User enters the One-Time Code \ngenerated by PSP into the Accepting Device. \nc. Transfer of the One-Time Code generated by PSP for Authorisation: \nThe Accepting Device sends the One-Time Code generated by PSP together with details of the \nBLIK Transactions through the Acquirer to PSP. \nd. Verification of the One-Time Code generated by PSP in the BLIK System: \nBased on the One-Time Code previously generated by PSP, received from the Acquirer, PSP \nsearches for the Mobile Account and identifies the Issuer, and sends to the Issuer details of the BLIK \nTransaction for Authorisation. \ne. Authorisation by the Issuer: \nIn the Authorisation process, the Issuer makes the decision on executing the BLIK Transaction. \nf. Forwarding the response to the Accepting Device: \nThe Issuer sends the decision on accepting or rejecting the Mobile Transaction to PSP. \nPSP, through the network of the Acquirer, forwards the decision on acceptance or rejection of the \nBLIK Transaction to the Accepting Device. \n \n4. The general model of executing BLIK Transactions using the One-Time Code registered in the PSP \nSystem based on the order of the Issuer involves the following stages: \na. Downloading the One-Time Code from the Accepting Device: \nThe User downloads the One-Time Code from the Accepting Device to the Mobile Application. \nThe One-Time Code is then transferred to the IT system managed by the Issuer, and transferred by \nthe Issuer to the PSP System in order to register this code in connection with the Mobile Account \nof the User. PSP keeps identifiers of the Issuer and the Mobile Account for which the One-Time \nCode was registered. \nb. Transfer of the One-Time Code for Authorisation: \nThe Accepting Device sends the One-Time Code downloaded by the User together with details of \nthe BLIK Transactions through the Acquirer to PSP. \nc. Verification of the One-Time Code by PSP in the BLIK System: \nBased on the One-Time Code received from the Acquirer, PSP verifies whether the particular One-\nTime Code was registered in PSP based on the previous order of the Issuer, and if it was, identifies \nthe Mobile Account and the Issuer and sends to the Issuer details of the BLIK Transaction for \nAuthorisation. \nd. Authorisation by the Issuer: \nIn the Authorisation process, the Issuer makes the decision on executing the BLIK Transaction. \ne. Forwarding the response to the Accepting Device: \nThe Issuer sends the decision on accepting or rejecting the Mobile Transaction to PSP. \n\n19 \n \nPSP, through the network of the Acquirer, forwards the decision on acceptance or rejection of the \nBLIK Transaction to the Accepting Device. \n \n5. The general model of executing BLIK Transactions using the Alias registered in the PSP System based \non the order of the Issuer involves the following stages: \na. Forwarding the Alias to the PSP System: \nThe User reports the Alias, in accordance with the agreement concluded with the Issuer, to the \nIssuer, who forwards this Alias to the PSP System in order to register this Alias in connection with \nthe Mobile Account of the User. PSP keeps identifiers of the Issuer and the Mobile Account for \nwhich the Alias was registered. \nb. Obtaining the Alias by the Accepting Device: \nThe Accepting Device obtains the Alias in a way specified in the Technical Specification for \nParticipants. \nc. Forwarding the Alias for Authorisation: \nThe Accepting Device sends the Alias together with details of the BLIK Transactions through the \nAcquirer to PSP. \nd. Verification of the Alias by PSP: \nBased on the Alias received from the Acquirer, PSP verifies whether the particular Alias was \nregistered in the PSP System based on the previous order of the Issuer, and if it was, identifies the \nMobile Account and the Issuer, and sends to the Issuer details of the BLIK Transaction for \nAuthorisation. \ne. Authorisation by the Issuer: \nIn the Authorisation process, the Issuer makes the decision on executing the BLIK Transaction. \nf. Forwarding the response to the Accepting Device: \nThe Issuer sends the decision on accepting or rejecting the Mobile Transaction to PSP. \nPSP, through the network of the Acquirer, forwards the decision on acceptance or rejection of the \nBLIK Transaction to the Accepting Device. \n \n6. The general model of executing C-BLIK Transactions involves the following stages: \na. Forwarding the Alias to the PSP System: \nThe User reports the Alias, in accordance with the agreement concluded with the Issuer, to the \nIssuer, who forwards this Alias to the PSP System in order to register this Alias in connection with \nthe Mobile Account of the User. PSP keeps identifiers of the Issuer and the Mobile Account for \nwhich the Alia was registered, and obtains a token from the Tokenisation System. PSP forwards the \ntoken to the Issuer in order to pass this token to the Mobile Application. \nb. Obtaining the Alias by the Accepting Device: \nThe Accepting Device obtains the token from the Mobile Application. \nc. Forwarding the BLIK-C Transaction for Authorisation: \nThe Accepting Devices sends the token together with details of the BLIK-C Transaction through \nthe acquirer of the Cooperating Scheme to the Tokenisation System. The Cooperating Scheme, \nusing the Tokenisation System, sends the token together with details of the BLIK-C Transaction to \nPSP. \n\n20 \n \nd. Verification of the Alias by PSP: \nBased on the token received from the Cooperating Scheme, PSP verifies whether the particular Alias \nrelated to the particular token was registered in the PSP System based on the previous order of the \nIssuer, and if it was, identifies the Mobile Account, and sends to the Issuer details of the BLIK \nTransaction for Authorisation. \ne. Authorisation by the Issuer: \nIn the Authorisation process, the Issuer makes the decision on executing the BLIK-C Transaction. \nf. Forwarding the response to the Accepting Device: \nThe Issuer sends the decision on acceptance or rejection of the BLIK-C Transaction to PSP, whereas \nPSP forwards this decision to the Cooperating Scheme that, through the Tokenisation System and \nthrough the acquirer cooperating with the Cooperating Scheme, forwards it to the Accepting Device. \n7. At the request of the Participant acting as the Acquirer, PSP may, on conditions set out in the Technical \nSpecification for Participants, allow to send to Issuers a message with a recommendation pertaining to \nthe Authorisation of the BLIK Transaction without the User confirming in each case the order in the \nMobile Application. The Issuer shall not be obliged to take into account the recommendation included \nin the message referred to in the previous sentence, whereas the Acquirer shall be obliged to apply \nproper technical and organisational solutions aimed at reducing risk of execution of unauthorised \ntransactions using the functionality described in the previous sentence. \n§ 12. \n1. The BLIK Transaction order shall be considered entered into the PSP System upon forwarding the BLIK \nCode together with details of the BLIK Transactions to PSP. Authorisation of BLIK Transactions by \nthe Issuer shall be irrevocable. After Authorisation by the Issuer, the BLIK Transaction order cannot be \ncancelled by the Participant or a third party. \n2. By issuing an Authorisation for forwarding the Mobile Transaction for Clearing, the Issuer undertakes \nto pay the Acquirer or the Cooperating Scheme for the Mobile Transaction through the BLIK System. \nIf the Mobile Transaction forwarded for Clearing within the framework of the BLIK System involves \nthe transfer of cash to the User’s account operated by the Issuer, the Acquirer undertakes to pay the \nIssuer the amount resulting from Clearing.  \n3. Decisions taken by the Issuer as part of the Authorisation have to be permanently entered in the IT \nsystem of the Issuer and the Acquirer. \n4. The Mobile Transaction authorised by the Issuer can be cancelled by PSP or the Acquirer in the case of \na technical error. \n5. The Mobile Transaction can be cancelled or corrected within 13 months from the day of Authorisation \nof the Mobile Transaction. \n§ 13. \n\n21 \n \n1. In order to reduce operational risk related to executing Mobile Transactions, the Participant can forward \nMobile Transactions for Authorisation for the amount not exceeding the limit for a single transaction \nset in the Technical Specification for Participants. \n2. In the case of BLIK Transaction forwarded for Authorisation for the amount exceeding the limit set for \na single Mobile Transaction, the PSP System shall reject the BLIK Transaction, while providing the \nappropriate error code. \n§ 14. \nPSP shall report detected unauthorised BLIK Transactions to the NBP in compliance with applicable legal \nregulations. \n§ 15. \nFor the purposes of recording BLIK Transactions in the BLIK Scheme and the BLIK System, the PSP \nSystem’s date and time will be used. \n \nVII. \nCLEARING AND SETTLEMENT OF MOBILE TRANSACTIONS \n§ 16. \n1. Mobile Transactions initiated within the framework of the BLIK Scheme will be cleared in the BLIK \nSystem. \n2. PSP shall perform Clearing in the BLIK System on each working day. \n3. Clearing shall be performed using the ELIXIR system operated by KIR, based on the agreement \npertaining to the use of the ELIXIR system concluded by and between the specific Participant and KIR, \ntaking into consideration the provisions presented below. \n4. Principles for Clearing and Settlement of Mobile Transactions are set forth in the Regulations of the \nBLIK System. \n \n \nVIII. \nSUSPENSION AND EXCLUSION OF THE PARTICIPANT \n§ 17. \n1. Upon receiving the decision of the PFSA or another competent supervisory authority on suspending the \nactivities of the Participant, or in the case of triggering the Settlement guarantee due to lack of sufficient \nfunds on the account of the Issuer, PSP shall initiate the procedure for excluding the Participant from \nthe BLIK Scheme and the BLIK System. \n\n22 \n \n2. The exclusion procedure will start with suspending the Participant (blocking the account) in the BLIK \nScheme and in the BLIK System, which will result in the Participant’s inability to execute BLIK \nTransactions within the framework of the BLIK Scheme and the BLIK System. \n3. After one month of the event referred to in section 1, the Participant will be excluded from the BLIK \nScheme and the BLIK System if the Participant fails to effectively implement the steps aimed at \nrestoring or obtaining necessary authorisations or activities necessary for eliminating the circumstances \nposing a risk of triggering the Settlement guarantee. \n§ 18. \n1. Based on a written statement on closing the current account of the Issuer with the NBP, provided by the \nNBP, PSP shall initiate the procedure for excluding the Issuer from the BLIK Scheme and the BLIK \nSystem. \n2. On the day of closing the current account of the Issuer with the NBP, the Issuer will be suspended, \nwhich means that the account of the Issuer being the direct Participant and accounts of Issuers being \nindirect Participants using the account of the Issuer being the direct Participant in the BLIK Scheme and \nthe BLIK System will be blocked for one month. \n3. After one month of the event referred to in section 2, the Issuer will be excluded from the BLIK Scheme \nand the BLIK System if the Issuer fails to open another clearing account maintained by the NBP. \n§ 19. \n1. If the PSP concludes that the Participant has breached the provisions of the Agreement on Participation \nor the Regulations, PSP shall send a written warning to the Participant. \n2. The warning shall describe the irregularities detected and the date set by PSP for eliminating these \nirregularities by the Participant. \n3. If the Participant fails to eliminate the irregularities indicated in the warning within the time limit set, \nPSP may temporarily suspend the Participant’s access to the particular functionality of the BLIK \nScheme, temporary suspend the Participant’s right as the Participant of the BLIK Scheme and the BLIK \nSystem, or exclude the Participant from the BLIK Scheme and the BLIK System. \n4. PSP shall notify all other Participants and the NBP of any decisions taken with respect to the Participant. \n5. The previously excluded Participant can be re-instated in the BLIK Scheme and the BLIK System after \nsatisfying the requirements set forth in the Regulations for entities applying for participation in the BLIK \nSystem. \n6. Exclusion or suspension of the Participant acting as the Issuer shall not result in automatic exclusion or \nsuspension of this Participant acting as the Acquirer. \n7. Exclusion or suspension of the Participant acting as the Acquirer shall not result in automatic exclusion \nor suspension of this Participant acting as the Issuer. \n\n23 \n \n \nIX. \nALERT PROCESSING \n§ 20. \nPSP shall notify Participants, via a dedicated communication channel or by sending a message to the \ndedicated email address, of the occurrence of significant events in the BLIK Scheme or the BLIK System, \nand in particular of: \na. generating the clearing report for the Participant; \nb. triggering the Settlement guarantee procedure due to the Issuer’s failure to provide sufficient funds; \nc. high number (more than 3% of the number of BLIK Transactions for the last 30 days, but no fewer than \n50) of complaints pertaining to Mobile Transactions for reasons attributable to the Participant; \nd. other, referred to the Technical Specification for Participants. \n \nX. \nTEMPORARY BLOCKING AND INFORMATION OBLIGATION \n§ 21. \n1. PSP shall have the right to temporarily block the Participant from using the services provided within \nthe framework of the BLIK Scheme and the BLIK System, in the case of: \na. exceeding the response time for the request for Authorisation for all BLIK Transactions forwarded \nwithin the last 15 minutes; \nb. mass (minimum 50%) refusals in Authorisation responses for reasons not attributable to the User or \nPSP; \nc. detection of inconsistency of the format of messages sent with the Technical Specification for \nParticipants; \nd. sending, within the framework of the BLIK Scheme or the BLIK System, unexpected messages with \nregards to the stage of the BLIK Transaction processing; \ne. the Participant’s actions posing a threat to the continuity of operations of the BLIK Scheme or the BLIK \nSystem; \nf. detecting breaches of the security principles of the BLIK Scheme and the BLIK System, set forth by \nPSP; \ng. failure to eliminate the Participant’s non-compliance with the requirements set forth in the Agreement \nand the Regulations, identified by PSP, within the time limit set by PSP. \n \n2. The Participant shall be unblocked after notifying PSP, via email, of removing the cause of the problem. \n§ 22. \nIn the case of any doubts pertaining to the BLIK Transaction executed within the framework of the BLIK \nScheme and the BLIK System, the Participant shall be obliged to immediately notify PSP, in a manner \ndescribed in the Technical Specification for Participants, and to take steps to explain these doubts. \n \n \n\n24 \n \nXI. \nRULES FOR EXECUTING P2P AND P2P-R TRANSACTIONS \n§ 23. \n1. The process of executing P2P Transactions in the BLIK System is carried out by using the Mobile \nAccounts database and by internal clearing carried out by the Issuer, or by using SPN or the BLIK \nSystem. The general model of the P2P Transaction involves the following stages: \na. P2P Transaction order \nThe order for executing a P2P Transaction shall be placed with the Issuer using the Mobile Application \nin the case of Users or using the tele-information system made available by the Issuer in the case of \nInstitutional Users. When placing the order, the User or the Institutional User shall identify the Alias \nassigned previously in the BLIK System to the Mobile Account of the recipient for the purposes of \nexecuting the P2P Transaction and the transaction amount. \nb. Obtaining the NRB number from the Mobile Accounts database \nThe Issuer, who will receive the P2P Transaction order from the User or the Institutional User, shall \nsend the inquiry with the Alias received in the order to the Mobile Accounts database. PSP shall provide \nthe Issuer implementing the transfer order with the NRB number assigned in the Mobile Accounts \ndatabase to the Alias sent in the inquiry. If the Alias is not included in the Mobile Accounts database, \nin response the Issuer will receive an error message, and the Issuer shall notify the User or the \nInstitutional User, who ordered the execution of the P2P Transaction, of the inability to execute this \nP2P Transaction. \nc. Forwarding the P2P Transaction for execution within the framework of internal clearing carried out by \nthe Issuer, or for clearing in the Instant Transfer System or the BLIK System. \nAfter obtaining the NRB number from the Mobile Accounts database, the Issuer shall enter this number \ninto the payment order and shall forward the complete transfer prepared in such a way for internal \nclearing if he maintains a bank account of both parties to the transaction, otherwise, the Issuer shall \nforward the transaction for clearing in the Instant Transfer System or in the BLIK System in accordance \nwith the procedure described in the Technical Specification for Participants. In the case of using Express \nELIXIR, the transfer is forwarded for clearing, while indicating MP2P as the service type. \n2. The general model of executing the P2P-R Transaction involves the following stages: \na. Sending the transfer request by the User initiating the P2P-R Transaction. \nBy providing the Alias assigned previously in the BLIK System to the Mobile Account, the User \nidentifies the User to whom the transfer request is addressed. The User requesting the transfer shall \nspecify the amount and optionally the transfer title. The Issuer shall forward the data provided by the \nUser together with the first name, surname and telephone number of the User to the BLIK System. \nWhen forwarding the message with the transfer request to the PSP System, in this message, the Issuer \nincludes preferences with respect to the manner of clearing the P2P-R Transaction in accordance with \nthe requirements set forth in the Technical Specification for Participants. \nb. Identification of the User being the transfer sender \nAfter receiving from the Issuer the message – transfer request including details specified in item a \nabove, based on the Alias forwarded in the message with the transfer request, the PSP System shall \nidentify the Mobile Account of the User to whom the transfer request is addressed, and forwards the \nmessage to the Issuer providing services to this User. If the Mobile Accounts database does not include \nthe Alias corresponding to the data included in the message with the transfer request, in response, the \n\n25 \n \nIssuer who forwarded the message with the transfer request will receive from the PSP System an error \nmessage, and the Issuer shall notify the User of the inability to forward the transfer request. \nc. Acceptance of the transfer request \nThe Issuer providing services to the User, to whom the transfer request is addressed, will receive from \nthe PSP system a message with the transfer request. The Issuer shall present the transfer request to the \nUser in the Mobile Application, while disclosing the first name and surname of the User – sender of the \ntransfer request, amount and title of the transfer, if specified in the transfer request. If the User accepts \nthe transfer request in the Mobile Application, the Issuer providing services to this User shall send to \nthe PSP System a message notifying of accepting the transfer request, and shall forward the P2P-R \nTransaction for clearing in the Instant Transfer System or for clearing in the BLIK System. \nd. Clearing of P2P-R Transactions \nP2P-R Transactions shall be cleared in the Instant Transfer System or in the BLIK System. In the case \nof using Express ELIXIR, the transfer is forwarded for clearing, while indicating MP2P as the service \ntype. Regardless of the manner of the transaction clearing, the Issuer providing services to the User who \nsent the transfer request, shall credit the account of this User immediately after receiving from the PSP \nSystem the notification of accepting the transfer request. P2P and P2P-R Transactions can be cleared in \nthe BLIK System only when both Issuers providing services to both Users to whom the transaction \npertains, have implemented the technical and organisational solutions specified in the Technical \nSpecification for Participants. \n \n \nXII. \nDATA ARCHIVING AND REPORTING \n§ 24. \n1. PSP shall keep details of all BLIK Transactions executed using the PSP System in its archives for the \nperiod referred to in section 2. \n2. After 6 (six) years from the end of the calendar year of executing the BLIK Transaction using the BLIK \nSystem, PSP shall immediately erase the archived data in a manner preventing their recovery. \n3. Complains made by Participants in the Ognivo system will be archived after the expiry of 13 months \nfrom making the complaint, and will be deleted from the Ognivo system. Archived data will be kept for \n6 years from the end of the calendar year of making the complaint, and then will be erased in a manner \npreventing their recovery. \n4. Participants shall be obliged to forward to PSP any information necessary to meet the reporting or \nstatistical obligations to the NBP or other institutions authorised to request information related to the \nfunctioning of the BLIK Scheme and the BLIK System. \n§ 25. \n \n1. PSP, at the request of the Participant, shall provide data of BLIK Transactions or complaints referred to \nin §24, in keeping with the principles set forth in the Technical Specification for Participants. \n\n26 \n \n2. Data referred to in section 1 shall be made available to Participants, except for situations where the \nrequest: \na) was submitted by an unauthorised person; \nb) pertains to data after their archiving period; \nc) does not include information allowing the explicit identification of the Mobile Transaction or the \ncomplaint. \n§ 26. \n1. At the request of authorised control authorities, PSP shall make available source data of BLIK \nTransactions executed within the framework of the BLIK Scheme and the BLIK System. \n2. PSP can prepare and provide to Participants statistics of all BLIK Transactions, including Mobile \nTransactions and P2P Transaction, in an aggregated form and within the scope permitted by law. \n \n \nXIII. \nFINAL PROVISIONS \n§ 27. \n1. PSP will, unilaterally and independently, determine the amount of fees due to Issuers and Acquirers for \nthe execution of Mobile Transactions within the framework of the BLIK Scheme, and clearing thereof \nin the BLIK System. Fees, referred to in the previous sentence, will be charged by PSP as part of \nClearing made for each Mobile Transaction. \n2. PSP shall be fully free to determine the amount of fees due to Issuers and Acquirers, change these fees, \nas well as differentiate these fees depending on the type of Mobile Transactions, based on justified, \nobjective and verifiable criteria. \n3. PSP shall unilaterally determine the amount of fees due to PSP from Participants in relation to PSP \nservices provided to Participants. The price list specifying the amount of fees and other costs related to \nparticipation in the BLIK System constitutes an integral part of the Regulations. \n4. PSP shall be the only entity managing the Mark. Based on rights granted under the licence, PSP and \nParticipants shall use the mark for the purposes of marking points accepting and executing BLIK \nTransactions, for the purposes of marking services offered within the framework of the BLIK Scheme, \nand to promote the BLIK Scheme and the BLIK System. PSP shall grant authorisations to mark services \nthat make available BLIK Transactions and functionalities provided by PSP and implemented by the \nIssuer. \n5. Provisions of the Regulations can be amended by PSP unilaterally, whereas such amendments shall be \neffective subject to notifying Participants of amendments sufficiently in advance, while ensuring a two-\nmonth period for adjustment. PSP shall unilaterally amend provisions of the Terms in Conditions in \neach case taking into account applicable legal regulations and provisions of the Agreement on \nParticipation. \n\n27 \n \n6. Provisions of amended Regulations can be binding on the Participant and PSP before the expiry of the \ntwo-month adjustment period if the amendment to the Regulations refers to Participant’s rights that are \nnot in conflict with the rights of other Participants. Bounding the Participant and PSP by the amended \nversion of the Regulations as specified in the previous sentence shall require concluding an appropriate \nannex to the Agreement on Participation. \n7. Concluding the Agreement on Participation with PSP shall result in automatic inclusion of the \nParticipant in the BLIK Payment Scheme and the BLIK Payment System, regardless of the date of \nconcluding the Agreement. \n8. Matters not regulated herein shall be governed by provisions of the Agreement on Participation and the \nRegulations, and appropriate provisions of universal law. \n \n \nPart B – Regulations of the BLIK Payments System \n \n§ 1. \n1. The BLIK payment system is a payment system within the meaning of the Act of 24 August 2001 on \nthe settlement finality in payment and securities settlement systems and the rules for monitoring these \nsystems (Journal of Laws No. 123, item 1351, as amended), operated by Polski Standard Płatności Sp. \nz o.o. as an operator of this payment system, closely linked with the BLIK Mobile Payment Scheme \nbeing a payment scheme within the meaning of the Act of 19 August 2011 on payment services (Journal \nof Laws No. 199, item 1175, as amended) operated by Polski Standard Płatności Sp. z o.o. as a payment \norganisation. \n2. This document sets forth the principles of the functioning of the BLIK Payment System, and in \nparticular, the principles for clearing and settlement in the BLIK System. \n3. Capitalised terms used in this document, which are not defined separately herein, shall have the meaning \ndefined in Part A – Regulations of the BLIK Payment Scheme. \n4. Participants of the BLIK System are Participants of the BLIK Scheme who concluded the binding \nAgreement on Participation with PSP. \n§ 2. \n1. Mobile Transactions initiated and processed in the BLIK Scheme in accordance with the provisions of \nthe Agreement on Participation and the Regulations of the BLIK Payment Scheme shall be subject to \nClearing in the BLIK System. \n2. The Mobile Transaction clearing module of the BLIK System generates, on working days, data sets for \nClearing, covering Mobile Transactions authorised in the BLIK Scheme during the particular PSP \nClearing Session, except for BLIK-C Transactions being returns received from the Cooperating Scheme \nthat are subject to clearing in accordance with the procedure described in section 10. \n\n28 \n \n3. The PSP Clearing Session shall be closed at 24:00 hours. \n4. Mobile Transactions authorised in the BLIK Scheme on statutory holidays shall be included in the PSP \nClearing Session subject to Clearing on the first working day following the statutory holiday or holidays, \nexcept for BLIK-C Transactions being returns received from the Cooperating Scheme that are subject \nto clearing in accordance with the procedure described in section 10. \n5. Mobile Transactions are cleared in net amounts, taking into account fees due to Issuers and Acquirers. \nThe amount of fees due to Issuers and Acquirers is determined in Appendix no. 2 to the Regulations. \n6. On working days, PSP shall generate and make available to Participants clearing and reconciliation files \nincluding all Mobile Transactions qualifying for the particular PSP Clearing Session, pertaining only to \nparticular Participants, including details of each Mobile Transaction. \n7. Clearing and reconciliation files shall be made available immediately after the end of the PSP Clearing \nSession. \n8. The Participant shall be obliged to verify the data included in clearing and reconciliation files, and \nimmediately report any irregularities to PSP on working days. \n9. Immediately after receiving the information on irregularities, PSP shall implement steps aimed at \nclarifying the situation, and if necessary, it will generate again and make available to Participants the \nclearing and reconciliation files. \n10. BLIK-C Transactions being returns shall be qualified for the PSP Clearing Session after receiving from \nthe Cooperating Scheme information on forwarding these transactions for clearing in the Cooperating \nScheme. \n§ 3. \n1. The schedule of Clearing and Settlement events is presented in the Operational Procedure for \nParticipants – Processing of clearing and reconciliation files. \n2. The schedule referred to in section 1 shall be adjusted to the requirements of the technical specification \nprepared by KIR. \n§ 4. \n1. Settlement shall be performed using the ELIXIR system operated by KIR, based on the agreement \npertaining to the use of the ELIXIR system concluded by and between the particular Participant and \nKIR, taking into consideration the provisions presented below. \n2. Settlement orders submitted in the ELIXIR system by Participants of the BLIK System through PSP \nshall have the effect as the settlement order within the meaning of Article 1 point 12 of the Act of \n24 August on settlement finality in payment and securities settlement systems and the rules for \nmonitoring these systems (consolidated text: Journal of Laws of 2013, item 246). \n\n29 \n \n3. Except for the situation described below, Settlement shall take place within one working day. In the \ncase of errors occurring during the first or second session of the ELIXIR system on 24 December and \non the last clearing day of each year, in at least one file submitted for clearing in the ELIXIR system, or \ninconsistency of transfer sums, Settlement shall take place on the next clearing day during the first \nsession of the ELIXIR system, after PSP forwards to KIR correct files with liabilities related to the \nClearing of Mobile Transactions for the previous clearing day, whereas Settlement of current liabilities \nrelated to Mobile Transaction Clearing for this subsequent clearing day shall be deferred to the second \nsession of the ELIXIR system on this next day. PSP shall immediately notify Participants of the inability \nto carry out Settlement during the particular ELIXIR session. \n4. Settlement in the ELIXIR system shall be carried out Monday to Friday excluding statutory holidays in \nthe territory of the Republic of Poland. Mobile Transactions shall be processed in the hours specified in \nthe “Schedule of clearing runs in electronic clearing systems of KIR S.A.”: \na) during the first session; \nb) during the second session in the case of triggering the Settlement guarantee mechanism or as a result \nof Settlement deferral referred to in section 3 above; \nc) during the third session, in the case of errors occurring during the first session of the ELIXIR system, \nin at least one settlement file submitted for Settlement in the ELIXIR system, or inconsistency of transfer \nsums after PSP forwards the correct files again to KIR, except for 24 December and the last clearing \nday of the year, when correctly prepared files shall be processed during the first session on the next \nclearing day, in accordance with section 3 above. \n5. Settlement shall be carried out in the bilateral model, using the Technical Account kept for PSP at a \ncommercial bank. \n6. Data for the purposes of Settlement forwarded by the BLIK System shall include information on the \nliabilities of each of the Issuers to the BLIK System and the receivables of each of the Acquirers and \nCooperating Schemes due from the BLIK System, taking into account fees due to Issuers and Acquirers. \nIn the case of Acquirers being Secured Agents, the data for the purposes of Settlement forwarded by the \nBLIK System shall include information on the liabilities of Secured Agents to the BLIK System or \ninformation on the receivables of Secured Agents due from the BLIK System, taking into account fees \ndue to Issuers and Acquirers. \n7. Based on Settlement data generated by the PSP System and relevant powers of attorney granted to KIR \nby the Issuer, KIR – on behalf of the Issuer – shall input the transfer order covering the liabilities of the \nIssuer to the BLIK System (single liability amount net), and in the case of the Issuer being the Securing \nIssuer – the transfer order covering the liabilities of Secured Agents to the BLIK System. During the \nsame session, accounts of Acquirers, including Secured Agents and the Cooperating Scheme, will be \ncredited with single transfers from the Technical Accounts. \n8. Settlement shall take place during one session of the ELIXIR system. Funds shall not be retained by the \nbank maintaining the Technical Account. \n9. The balance of the Technical Account before and after the PSP Clearing Session will be PLN zero. \n\n30 \n \n10. In the case of triggering the Settlement guarantee due to insufficient funds on the account of the Issuer \nwith the NBP and withdrawal of at least one transfer pertaining to the BLIK System from the ELIXIR \nsystem, all other orders generated by the BLIK System will also be withdrawn by KIR, and clearing in \nthe first session of ELIXIR will not be performed. At the same time, PSP will block in the PSP System, \nthe account of the Issuer that failed to ensure sufficient funds in the BLIK System, which will result in \nthe Issuer’s inability to execute further Mobile Transactions in the BLIK System. In the case of blocking \nthe account of the Issuer being the Securing Issuer in the PSP System, the accounts of Secured Agents \nfor whom the blocked Securing Issuer keeps accounts for the purposes of the processing of Mobile \nTransactions entered into the BLIK System by these Secured Agents, will be automatically blocked, as \na result these Secured Agents will be unable to enter Mobile Transactions into the BLIK System. PSP \nshall immediately notify the NBP of blocking the account of the Participant in the PSP System and of \ntriggering the settlement guarantee procedure. \n11. Within the BLIK System, Participants being Issuers, including the Participants being Securing Issuers, \nshall guarantee making available funds for the purposes of Settlement if any of the Issuers, including \nthe Issuer being the Securing Issuer, does not have sufficient funds for the purposes of Settlement. \n12. For the purposes of Settlement during the sessions of the Elixir system referred to in section 10 above, \nPSP shall again prepare the data for the purposes of Settlement, while increasing the liabilities of \nremaining Issuers by the amount that was not covered by any of the Issuer, in accordance with the \nprinciples and template set forth in the Operational Procedure for Participants – Settlement Guarantee \nProcessing, and KIR shall enter new transfer orders to the ELIXIR system on behalf of the Issuer(s). \n13. If any of the Issuers responsible for covering the liabilities of another Issuer(s) fails to provide cash to \ncover the liabilities of another Issuer(s) within the framework of the Settlement during the second \nsession of the Elixir system, the Mobile Transaction will not be subject to Settlement. In such case, \ndirect bilateral clearing between Issuers and Acquirers and the Cooperating Scheme shall take place, of \nwhich the NBP will be informed. PSP shall prepare individual reports constituting payment orders, \nbased on which Issuers shall conduct bilateral clearing with other Participants. In the event of initiating \nthe bilateral clearing process, Issuers shall be obliged to make, in accordance with PSP orders, transfers \nin the ELIXIR system, in the amounts and to the Acquirers, including Secured Agents, or to the \nCooperating Scheme, or to other Issuers, whose Users executed Mobile Transactions input into the \nBLIK System by Secured Agents, or to make, in accordance with PSP orders, clearing on accounts kept \nby these Issuers as Securing Issuers for Secured Agents. \n14. The Issuer who failed to ensure sufficient funds, including the Securing Issuer, undertakes to \nimmediately reimburse other Issuers, including Securing Issuers, for the equivalent of all amounts paid \nby these Issuers, plus statutory interest. \n15. Detailed rules for using the Settlement Guarantee are set forth in the Operational Procedure for \nParticipants – Settlement Guarantee Processing. \n§ 5. \nMatters not regulated herein shall be governed by provisions of the Agreement on Participation and the \nRegulations of the BLIK Payment Scheme, and appropriate provisions of universal law. \n\n31 \n \n \n \nList of appendices to the Regulations of the BLIK Mobile Payments System: \n1. Appendix no. 1 – Price Lists of the BLIK Payment System \na) Price List of the BLIK Payment System – Issuer \nb) Price List of the BLIK Payment System – Acquirer \n2. Appendix no. 2 – Fees due to Issuers and Acquirers \n3. Appendix no. 3 – Technical Specification for Participants (STdU) \n4. Appendix no. 4 – Operational Procedures for Participants (POdU) \na) POdU – Settlement guarantee processing \nb) POdU – Processing of clearing and reconciliation files \nc) POdU – Processing of notifications, inquiries and complaints pertaining to mobile payments \nd) POdU – Processing of the Acquirer’s counter position \ne) POdU – Communication between PSP and Participants in the case of reporting a suspicious BLIK \nTransaction \n5. Appendix no. 5 – Functionality Table \n \n","paragraphs":null,"sentences":null},"annotations":[{"general_category":"Limitation of remedy clauses","name":"Limitation of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd","score":1,"explanation":"Lack of limitation"},{"general_category":"Limitation of remedy clauses","name":"Maximal threshold of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd_cap","score":1,"explanation":"There is no max amount of the damages possible to be claimed"},{"general_category":"Limitation of remedy clauses","name":"Limitation period","legal_ground":"art. 119 KC*****","code":"period","score":0,"explanation":"The ToS does not contain a clause described above"},{"general_category":"Limitation of remedy clauses","name":"No promises","legal_ground":"Article 8 Directive 2019/770","code":"as_is","score":1,"explanation":"Lack of as-is clause"},{"general_category":"Limitation of remedy clauses","name":"Indemnification clause","legal_ground":"-","code":"indemn","score":1,"explanation":"Lack of indemnification obligation in ToS."},{"general_category":"Dispute resolution clauses","name":"Choice of law other than user's domicile","legal_ground":"Article 6 Rome I****","code":"c_law","score":1,"explanation":"Lack of choice of law"},{"general_category":"Dispute resolution clauses","name":"Choice of forum other than user's domicile","legal_ground":"Annex 1(q) Directive 93/13","code":"c_forum","score":1,"explanation":"Lack of choice of forum/\"you can bring claims in your place of domicile\""},{"general_category":"Dispute resolution clauses","name":"Mandatory arbitration","legal_ground":"Annex 1(q) Directive 93/13 + art. 385[3] pkt 23 KC","code":"arb","score":1,"explanation":"Lack of mandatory arbitration"},{"general_category":"Dispute resolution clauses","name":"Class action waiver","legal_ground":"-","code":"class","score":1,"explanation":"Lack of class action waiver"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of contract","legal_ground":"Annex 1(j) Directive 93/13","code":"contr_chg","score":-1,"explanation":"When the company reserves the right to change the contract without a valid reason (the ToS state the company can always change the contract)"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of future prices","legal_ground":"partially Annex 1(j) Directive 93/13","code":"price_chg","score":0,"explanation":"When the company reserves the right to change the future price of services that were not yet supplied or enabled"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of service by the company","legal_ground":"Article 19 Directive 2019/770","code":"serv_chg","score":1,"explanation":"When the company reserves the right to change the service with a valid reason specified in the contract or does not reserve a right to unilaterally change it at all"},{"general_category":"Unilateral alteration clauses","name":"Account deletion and unilateral termination of contract by the company","legal_ground":"Annex 1(g) Directive 93/13***","code":"acc_del","score":1,"explanation":"When the company reserves the right to delete a user’s account only with serious grounds and a notice period or does not reserve a right to delete it at all"},{"general_category":"Unilateral alteration clauses","name":"Transfer of contractual rights to another subject","legal_ground":"Annex 1(p) Directive 93/13","code":"transfer","score":1,"explanation":"When the ToS allows for contractual rights’ transfer with user’s consent and while the consumer is also granted the ability to transfer contractual rights' or the ToS does not contain any provision allowing for the transfer of rights."},{"general_category":"Right to police the behaviour of users","name":"Account suspension","legal_ground":"partially inferred from Article 6 Directive 2019/770 & Article 17 DSA","code":"acc_sus","score":0,"explanation":"When the company reserves the right to suspend a user’s account without serious grounds but with a notice period or with serious grounds but without a notice period"},{"general_category":"Regulatory requirements","name":"Internal complaint-handling system","legal_ground":"Article 17 DSA","code":"com_sys","score":0,"explanation":"Presence of internal complaint-handling system that does not meet all of the requirements stated in article 17 DSA"},{"general_category":"Various","name":"Discretional power to interpret the ToS","legal_ground":"Annex 1(m) Directive 93/13","code":"discret","score":0,"explanation":"Lack of discretional power clauses"},{"general_category":"Various","name":"Severability clauses ","legal_ground":"-","code":"sever","score":1,"explanation":"Lack of severability clauses "},{"general_category":"Various","name":"Right to incorporate user's feedback or suggestions without compensation","legal_ground":"-","code":"suggest","score":1,"explanation":"According to ToS, the company does not have a right to incorporate into the service user feedback or suggestions without compensation"}]}