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E-RĒĶINU AUTOMĀTISKĀS APMAKSAS LĪGUMS NR. ________
ДОГОВОР АВТОМАТИЧЕСКОЙ ОПЛАТЫ Э-СЧЕТОВ
E-INVOICE AUTOMATED PAYMENT AGREEMENT
I DAĻA
DATUMS ___.___.______.
Дата • Date
MAKSĀTĀJS • ПЛАТЕЛЬЩИК • PAYER
Vārds, uzvārds / nosaukums
Personas kods / reģistrācijas Nr.
Имя, фамилия/название • Name, Surname
Персональный код / регистрационный № • Identification No /
registration No
Kontaktadrese
Адрес • Address
Telefons
Телефон • Phone
E-pasta adrese
E-mail
TIRGOTĀJA INFORMĀCIJA • ИНФОРМАЦИЯ О ТОРГОВЦЕ • MERCHANT INFORMATION
Uzņēmuma nosaukums, reģistrācijas Nr.
Название предприятие, регистрационный № • Company name, registration No
Pakalpojuma nosaukums/zīmols
Название услуги/брэнд • Service name/brand
E-RĒĶINA APMAKSAS INFORMĀCIJA • ИНФОРМАЦИЯ ПЛАТЕЖА ПО Э- СЧЕТУ• E-INVOICE PAYMENT INFORMATION
Konts
Счет • Account
Identifikators/i*
Идентификатор/ы • Identifier/s
Maksājuma diena
День платежа • Payment day
Mēneša limits (EUR)
Daļēja rēķina apmaksa
Месячный лимит • Monthly limit
Частичная оплата счета • Partial debiting
Spēkā no
Spēkā līdz
В силе с • Valid from
В силе до • Valid till
Parakstot šo Līgumu, Maksātājs apstiprina, ka ir iepazinies ar E-rēķinu automātiskās apmaksas līguma noteikumiem,
„Swedbank” AS Vispārējiem darījumu noteikumiem, piekrīt tiem un apliecina sniegtās informācijas patiesumu.
* Līgumā minētie Identifikatori kalpo Tirgotājam kā vienīgie klienta identifikatori. Norādot citas personas Identifikatorus, Maksātājs apzinās un piekrīt, ka viņš dod
piekrišanu apmaksāt E-rēķinus par labu citai personai, t.sk., pretrunu gadījumā starp citu šajā pieteikumā norādīto informāciju.
By signing this Agreement, the Payer confirms that they have read and agree with the Terms of the E-Invoice Automated
payment Agreement, the General Conditions of Swedbank AS and confirms that the provided information is true and
correct.
* The Identifiers given in the Agreement serve for the Merchant as the only identifiers of the customer. When specifying the Identifier of another person, the Payer is
aware and agrees that they give their consent to pay E-Invoices in favour of another person, including, in case of contradiction with other information supplied in this
application.
Подписав настоящий Договор, Плательщик подтверждает, что ознакомился и согласен с положениями Договора
автоматической оплаты Э-счетов, Общими условиями Swedbank AS и заверяет достоверность предоставленной
информации.
* Упомянутые в Договоре идентификаторы служат для Торговца единственными идентификаторами клиента. Указывая другие идентификаторы личности,
Плательщик сознает и согласен, что он дает согласие оплатить Э-счета в пользу другого лица, в т.ч. в случае противоречий с другой указанной в настоящем
заявлении информацией.
Maksātājs
Плательщик • Payer
Banka
Банк • Bank
2140F, 1.0
01.12.2014
SECTION II
TERMS OF E-INVOICE AUTOMATED PAYMENT AGREEMENT
1. DEFINITIONS
E-Invoice
an electronically prepared invoice for the
Merchant's goods or services according to the
transaction between the Buyer and the Merchant,
or E-Invoice Extract. An E-Invoice may be
presented with complete or partial information.
Partial information of the Merchant’s invoice (as
necessary for payment), or E-Invoice Extract, is
prepared upon the Merchant’s instructions if the
Payer is not the Buyer or for issuing in cases of
absence of a relevant agreement on use of an
Electronic Channel suitable for delivery or
presentation of E-Invoices.
Application
an application by a natural person or legal entity for
receiving Merchant’s invoices at the Bank in the
form of an E-Invoice. An application for E-Invoice
may also be made with a Merchant or Operator.
Buyer
the person or entity that buys goods or receives
services from the Merchant. The Buyer and the
Payer is not necessarily one and the same person.
Payer
the person or entity to whom an E-Invoice is
presented and who can pay it on their own and who
instructs the Bank to pay it on a recurring basis
automatically according to this Agreement. The
Payer and the Buyer may be one and the same
person or entity.
Account
the Payer’s account at the Bank, as specified in the
Agreement, from which E-Invoices are paid.
Monitoring
3 (three) calendar days during which the Bank
Period
checks whether the Account has sufficient funds for
making the Payment and for performing the Payer’s
obligations. The first Payment Day is also the first
day of the Monitoring Period.
Monthly Limit
the maximum aggregate amount of Payments in a
calendar month, up to which the Bank makes
Payments for the Merchant’s E-Invoice(s) for the
specific Service.
Agreement
the present E-Invoice Automated Payment
Agreement (Section I and Section II thereof)
entered into with the Payer regarding automated
payment of E-Invoices.
Payment
E-Invoice payment transaction (a domestic credit
transfer) according to the details provided in EInvoices.
Payment Day
the day when Payment of each E-Invoice is
commenced according to the details specified in
Section I of the Agreement: (i) the calendar days,
specified in Section I, after receipt of E-Invoice at
the Bank or (ii) the calendar days, specified in
Section I, before the due date stated on the EInvoice, or the due date of the E-Invoice as stated
in it.
Identifier(s)
an indicator set by the Merchant for classification or
keeping a record of its customers and Services by
the means of which the Merchant identifies the
relevant Buyer and/or the Service. There may be
one or two identifiers. The Identifiers may serve for
the Merchant as the Merchant’s only customer
identifiers as a result of which the E-Invoices may
be for the services or goods received by a person
other than the Payer.
Merchant
the vendor or service provider the E-Invoices of
which are offered by the Bank to pay under the
Agreement according to the invoice information
provided by the Merchant.
Bank
Swedbank AS, unified reg. No. 40003074764,
BIC/SWIFT: HABALV22, address: Balasta dambis
1a, Riga, LV-1048, e-mail: [email protected].
Service name / the Merchant’s name or brand of the service for
brand
which the E-Invoice is prepared and paid under the
Agreement.
Operator
an entity approved by the Bank that acts as an
intermediary in the exchange of Merchant’s invoice
information with the Bank.
2. OBJECT OF THE AGREEMENT, SUBSCRIBING TO AND
SENDING OF E-INVOICES
2.1. This Agreement governs the automated payment of E-Invoices under
the Payer’s instructions as set out in the Agreement.
2.2. In order to receive E-Invoices at the Bank, one must have the E-Invoice
application set up according to the procedure prescribed by the Bank. An
application for E-Invoice may also be made with the Merchant or the
Operator according to the procedure in place with that Merchant or Operator
2.3. Upon receiving invoice information from the Merchant, the Bank shall
issue an E-Invoice to the Payer according to the information provided by the
Merchant by making it available on the Internet Banking site or on other
electronic channel determined by the Bank. If the Payer does not have an
agreement in force for the relevant service of the Bank, then the Bank shall
perform automated payment of the E-Invoice without first issuing the EInvoice or approving the E-Invoice with the Payer, whereas the Payer shall
have the right to receive the E-Invoice Extract in person at the Bank’s
customer service locations.
2.4. The Bank shall prepare and present the E-Invoice on the Bank’s Internet
Banking site in the format agreed between the Bank and the Merchant. The
Bank shall not check the E-Invoice details or their correspondence to the
received services and shall not ensure invoice information provision
regularity checking or and/or requesting thereof. All claims regarding invoice
information shall be dealt with between the Merchant, the Buyer and the
Payer without the Bank’s involvement or mediation.
2.5. The Bank shall make and keep E-Invoices accessible on the Bank’s
Internet Banking site or on other electronic channel available to the Payer for
6 (six) months as from the moment of making the E-Invoice available or until
it is deleted by the Payer.
3.
PAYMENTS
3.1. If the E-Invoice is received at the Bank in due time, the Bank shall make
a Payment to pay the E-Invoice under the Payer’s instructions and pursuant
to the Agreement.
3.2. By this Agreement, the Payer authorizes the Bank to make the Payment
according to the details stated on the E-Invoice subject to the terms of the
Agreement.
3.3. The Bank shall pay only the last prepared E-Invoice for one and the
same Service in the relevant payment period before its Payment Day, i.e. in
case the Merchant has updated invoice information before its payment. In
such an event, several E-Invoices may be displayed for the Payer on the
Internet Banking site according to the Merchant’s updated information in
place at the time of submitting.
3.4. The Bank shall make the Payment if:
3.4.1. funds in the Account at the time of making the payment are
sufficient for payment of the entire Payment amount and
applicable fee;
3.4.2. the Payer has permitted Partial Debiting in the Agreement and, at
the time of making the Payment during the Monitoring Period, the
funds in the Account are sufficient for paying the amount stated on
the E-Invoice at least to the extent of 50% (fifty per cent) and for
paying all the applicable fees;
3.4.3. the Account is not frozen, payment operations have not been
halted, compulsory execution procedures are not enforced against
funds in the Account in the events stipulated in applicable
legislation of the Republic of Latvia, and there are no other
obstacles to using the Account;
3.4.4. the Merchant’s account on the E-Invoice to which the payment is
due is with a credit institution of the Republic of Latvia or with other
payment institution or credit institution acceptable to the Bank.
3.5. The Payer may set a Monthly Limit on Payments. The Bank shall
commence the payment on the Payment Day if the remainder of the Monthly
Limit is sufficient for making the Payment and the Account has sufficient
funds for paying the E-Invoice as set out in Clause 3.4 above. Other limits in
force on the Bank’s services (such as Internet Banking limits) are not taken
into account in calculation of the Monthly Limit.
3.6. If the Payer has more than one E-Invoice Automated Payment
Agreement in which one and same Payment Day is set, then the sequence
of executing Payments shall be selected by the Bank at its sole discretion.
3.7. If funds available in the Account on the Payment Day are not sufficient
for making the Payment in the required amount in full, then the Bank shall,
for the purposes making the Payment, check availability of funds also during
the Monitoring Period.
3.8. The Payer may cancel separate Payments before the Payment Day
according to the procedure and in the manner set by the Bank.
3.9. Payments, after they are commenced, are effected pursuant to the
Bank’s general procedure for effecting credit transfers. Payments to other
banks or payment service providers may be effected on the following
business day after the Payment Day or later depending on the terms of
execution applicable for credit transfers to that other bank or payment
service provider.
4.
LIABILITY
6.
TERM OF AGREEMENT
The liability of the Bank is limited to execution of the Payment in
compliance with the terms of the Agreement and applicable legislation in
force in the Republic of Latvia.
4.2.
The Payer is liable for the accuracy of data provided in the
Agreement, for funds in the Account being sufficient to make the
Payments and to cover applicable fees, and for sufficiency of the
Monthly Limit.
4.3.
The Bank shall not be liable:
4.3.1. for the accuracy of details on the E-Invoice; The Bank will not
deal with any claims in this regard. The Payer shall direct all such
claims to the Merchant;
4.3.2. for failure to pay an E-Invoice or failure to pay an E-Invoice
when due or for the resulting late payment fines or any other claims
if the Payment has been executed or made in accordance with the
Agreement;
4.3.3. for failure to pay an E-Invoice if the Merchant has failed to
send the invoice information to the Bank or if it is sent at a time
when the Payment cannot be made according to the Agreement;
4.3.4. for a Payment executed in compliance with the Agreement in
favour of a third party according to the Identifiers specified in
Section I even if the Payer has no relationship with the Buyer and/or
the Merchant;
4.3.5. for a Payment executed for an E-Invoice paid in other
manner not approved with the Bank.
4.4.
The Bank shall have the right to notify the Merchant (and the
Operator if such has been appointed) about the reasons of nonpayment of E-Invoices, about Payment cancellations received,
and about the fact of entry into or termination of this Agreement,
as well as about its conditions and performance. The disclosure
of such information to the Merchant or the Operator shall not
constitute a breach of secrecy of the Payer’s identity,
transactions and deposits.
The Agreement shall enter into effect upon mutual signing
thereof and shall remain in force for an unlimited period of time unless
other start date or an end date of the Agreement is stated in the
Agreement.
6.2.
If the Agreement is entered into for a fixed time period, then the
Agreement shall terminate on the end date stated in the Agreement.
After the Agreement end date, the Bank will not make any Payments
even if an E-Invoice is unpaid and has been prepared before or on the
Agreement end date.
6.3.
If the Agreement end date specified by the Payer in the
Agreement is a Payment Day, then the Agreement shall be terminated
after execution of Payment on the Agreement end date without applying
the Monitoring Period.
6.4.
If the Payer, upon entry into the Agreement, has not stated any
specific duration or end date of the Agreement, then the Bank shall
make Payments according to the terms of the Agreement until such time
as the Payer duly instructs the Bank to terminate the Agreement.
6.5.
The Payer shall have the right to terminate the Agreement at any
time by giving a notice thereof to the Bank according to the procedure
prescribed by the Bank.
6.6.
The Bank may terminate the Agreement subject to a minimum of
2 (two) months’ prior notice thereof to the Payer. The Bank may
terminate the Agreement forthwith if the Merchant has not supplied the
required E-Invoice information to the Bank for 18 (eighteen) months.
6.7.
The termination of the Agreement does not mean that E-Invoice
issuing is terminated or discontinued. In order to stop receiving EInvoices, a relevant other request must be submitted to the Bank in
compliance with the Bank's requirements.
6.8.
The Agreement will terminate forthwith if the Account is closed.
6.9.
The Agreement shall terminate forthwith if the agreement or
business relationship between the Bank and the Merchant is terminated.
5.
The relationship between the Bank and the Payer in the
execution of Payments is governed by the Agreement, the General
Conditions of the Bank, the terms of the Account Agreement, the
agreement between the Bank and the Merchant or between the Bank
and the Operator that in such an event represents the Merchant, and by
the applicable laws and regulations of the Republic of Latvia. In case
discrepancy between other terms of the Bank, the terms of this
Agreement shall prevail.
7.2.
For performance of the Agreement, the Payer shall pay the Bank
fees according to the Bank’s price list which shall be debited by the
Bank from the Account.
7.3.
Presentation of a written claim to the other party shall be a
condition precedent to dispute resolution. If it proves impossible to
resolve the dispute by means of negotiation, then it shall be resolved, at
the claimant’s option, either at a court of law of the Republic of Latvia in
accordance with the applicable legislation of the Republic of Latvia or at
the Court of Arbitration of the Association of Commercial Banks of Latvia
according to its rules and regulations if the Payer is not a consumer.
4.1.
AMENDMENT OF THE AGREEMENT
5.1.
The Payer may modify the following terms of the Agreement
pursuant to the procedure set forth by the Bank: the Account, Payment
Day, Monthly Limit, Partial Debiting, and the Agreement end date. Such
changes shall apply to all E-Invoices with the same Identifiers (incl. EInvoices for which Payments have not yet been executed).
5.2.
When a new Agreement is set up with the same Identifiers, such
a new Agreement shall replace the previous one with the same
Identifiers. In case of change of the Merchant (for example, if provision
of the service is assigned to other entity), the Bank may change the
Merchant's details in the Agreement if requested so by the Merchant.
5.3.
Unilateral amendment by the Bank of provisions of the
Agreement and of the price list for the Bank’s services shall be subject
to no less than 2 (two) months’ prior notice thereof to the Payer. It is the
Payer’s right and obligation to follow changes in the Price List.
Information on changes in the Price List shall be available at the Bank’s
premises during business hours of the Bank, on the website of the Bank
www.swedbank.lv and on Bank’s Internet Banking site (in accordance
with the Remote Banking Services Agreement).
5.4.
If the Payer does not agree to changes in the provisions of the
Agreement or the Bank’s price list, the Payer shall have the right to
promptly terminate the Agreement by giving a notice thereof to the
Bank.
5.5.
If the Payer does not give a notice of termination of the
Agreement within the time period stated in Clause 5.4, then it will be
assumed that the Payer agrees to the amendments.
5.6.
The Bank shall notify the Payer of amendment of the provisions
of the Agreement on paper or via other means of information (e.g. by email, Internet Banking or text message). The Payer can access
information about the Agreement, the Bank’s price list and amendments
thereof at the branches of the Bank, on the Bank’s website or in other
manner specified in the notice.
6.1.
7.
7.1.
MISCELLANEOUS