Terms and conditions

TERMS AND CONDITIONS OF QUICKO SERVICES

Version no.: 1.4. Valid from: April 2025

GENERAL INFORMATION

The Quicko Terms of Services define the conditions under which Quicko provides services to Individual Customers and Business Customers in the scope of:

opening and maintaining payment accounts (“Accounts“),
issuing and servicing payment cards (“Cards“),
execution of Transactions,
providing access to the payment services provided via a mobile application Partner’s Website or an online platform (“Customer Panel“),
as well as other services, the current list of which can be found on the Quicko Portal.

Quicko’s Terms of Service constitute an integral part of the Framework Agreement.
The current content of the Terms is made available to Customers free of charge via the Quicko System and the Partner’s Website in a form enabling its download, saving and printing.
The Customer is obliged to read the Terms of Service before concluding the Framework Agreement.
Quicko is authorised to provide payment services as a National Payment Institution (NPI), referred to in art. 60 s. 1 UUP. The current scope of services covered by the permit can be found at: 26 . https://www.knf.gov.pl/podmioty/wyszukiwarka_podmiotow#5477986

DEFINITIONS USED IN THE TERMS OF SERVICE

Acquirer – a bank or other entity that has concluded an agreement with the Merchant to accept payment using payment cards.

Merchant – an entrepreneur who has concluded an agreement with the Acquirer to accept payments using payment cards.

AML – Act of 2 March 2018 on counteracting money laundering and terrorist financing (Dz. U. 2018 poz. 723 z późn. zm.).

NFC proximity antenna – an electronic device built into a mobile device, using NFC technology, communicating with a proximity reader, allowing you to perform a Proximity Transaction.

API – Quicko service access programming system

Authorisation – the Customer’s consent to execute the Transaction, as well as the Customer’s consent to submit a declaration of will or knowledge.

ATM – a device that allows you to make cash withdrawals using Cards.

Chargeback – procedure initiated by Quicko at the Card Merchant, on the basis of a complaint submitted by the Customer, which allows to recover funds from the disputed Card Transaction.

CVV2 |CVC2 – “Card Verification Value 2″ |”Card Verification Code 2” – a three-digit security number, indicated by Quicko for the Virtual Card, Quicko Card in the Quicko System/Customer Panel (Card data), which may be required at the request of the Merchant when making a Distance Transaction.

Billing Cycle – a repetitive monthly period after which a Statement is generated.

Proximity Reader – an electronic device used to conduct Proximity Transactions, reading Card data using its NFC proximity antenna.

Value Date – the date from or to which Quicko calculates interest on the cash to which the Account has been debited.

Biometric Data – data constituting an individual record of the Customer’s characteristics, enabling or confirming their unambiguous identification, e.g. fingerprint and face scan.

Payee’s Supplier – an entity providing payment services to the Payee in the scope of executing the Transaction. The Payee’s Supplier is, among others, an Acquirer in relation to the Merchant (Payee).

Available Funds – the balance of funds in the Account that the Customer may freely dispose of, using the Card, up to the established Transaction Limits.

Business Day – every day from Monday to Friday, excluding public holidays in Poland.

Days Off – public holidays and Saturdays.

Disposition – a request submitted by the Customer during the term of the Framework Agreement to open an Account, another Account, issue a Card.

Access Password – a password consisting of at least eight characters from three of the above-mentioned four groups (lowercase letters, uppercase letters, numbers and special characters) set by the Customer enabling the first and subsequent login to the Customer’s individual account in the Quicko System.

IBAN – International Bank Account Number – an identifier of the bank account used to identify the bank account in transactions with payment service providers in the EU Member States and in the countries that have adopted IBAN as the standard for bank account numbers.

Helpline – a service provided to Customers free of charge consisting in providing Customer service at the e-mail address indicated on the Quicko System. The helpline operates 24/7 in the field of cancellation and blocking of Cards. Information on the operating hours of the Helpline in the scope of other services is available on the Quicko System.

One-time password – a string of characters generated by Quicko for one-time authorisation in the Quicko System.

Card – a payment instrument within the meaning of the UUP; a payment card within the meaning of the UKK and Regulation 2015/751, issued to the Account (debit card) by Quicko, regardless of its form (physical, virtual), with a magnetic strip and/or microprocessor, identifying the issuer and the Customer or the Authorised Person, entitling to withdraw cash or make payment (i.e. commissioning a Transaction) in accordance with the provisions of the Card Agreement and the Quicko Terms of Service.

Quicko Card – a payment card in physical form issued to the Customer on the basis of a Card Agreement or Disposition;

Proximity Card – A card equipped with a proximity antenna, enabling the execution of Proximity Transactions using NFC technology by placing it next to the terminal (so-called contactless card).

Virtual Card – a payment instrument within the meaning of the UUP issued by Quicko, identifying the issuer and the Customer, enabling Transactions with the use of funds available on the Card Account assigned to the card in accordance with the provisions of the Agreement and the Terms.

Customer – Individual Customer or Business Customer.

Business Customer – a natural person, a legal person and an organizational unit that is not a legal person, and which is granted legal capacity by law, submitting an Application and concluding Agreements with Quicko in connection with its business activity.

Individual Customer – a natural person submitting the Application and concluding Agreements with Quicko as a consumer, for purposes not related to their business activity.

3D – Secure Code – a one-time code sent by Quicko to the Customer’s Mobile Device in order to verify the Customer’s identity and additional Authorisation of Distance Transactions.

CVV2/CVC2 code – a three-digit code that is an additional confirmation for a Distance Transaction. It is found on the back of the card or is given in the Quicko System in the description of the Card.

Transaction Limit – the time limit set by the Customer or Quicko for the Transactions they order, the limit may apply to the maximum Transaction Amount and the maximum number of Transactions carried out over a specified period of time.

Payee – a natural person, a legal person or an organizational unit that is not a legal personality, to which the law grants legal capacity, being the recipient of cash funds constituting the subject of the Transaction (e.g. Merchant).

Operation – any Non-Cash or Cash Transaction, also one performed using the Card, as well as other debits and credits on the Account, including fees and commissions.

PAN (Primary Account Number) – a sixteen-digit number assigned to the card allowing it to be identified.

Customer Panel – a service made available to the Customer via a website, which is an electronic banking service through which Quicko provides services, including payment services – on the basis of the Framework Agreement on Access to the Customer Panel. The Customer Panel is required to use the Account and the Card. Detailed rules for using the Customer Panel are set out in these Terms of Service. The Customer Panel can be accessed through Quicko partners.

Partner – entity cooperating with Quicko sp. z o.o. ; Partner Name

PIN – a four-digit confidential code used to identify the Customer and to authorise Transactions made with use of devices reading the information contained in the Card.

Quicko Portal – Quicko website at: www.quicko.pl, where you can find up-to-date information about products and services offered by Quicko.

Transfer – a payment order issued by or on behalf of the Customer, consisting in debiting the payer’s payment account and crediting the payee’s payment account with a specified amount, in accordance with the rules set forth in the Rules and applicable laws, including the Payment Services Act of August 19, 2011 (Journal of Laws 2011 No. 199 item 1175, as amended).- UPP.

Account – an individual payment account with a unique identifier, maintained for the Customer by Quicko on the basis of this Framework Agreement. The Customer may optionally be assigned a unique IBAN number to the account, the assignment of which shall be decided by Quicko after individual arrangements with the Customer. The account is maintained for the execution of Payment Transactions.

Card Account – an account used to settle Transactions, as well as to record and settle Card Payments associated with a Virtual Card or a Quicko Card.

PLN Account – The account that the Customer may receive by individual arrangement maintained for the Customer by Quicko in Polish zlotys, after verification and evaluation of the Customer by Quicko. The final decision on the possibility of an account in Polish zloty shall rest with Quicko.

Currency Account – An account that may be obtained by the Customer by individual arrangement, maintained for the Customer by Quicko in a foreign currency chosen by the Customer, after verification and evaluation of the Customer by Quicko. The final decision on the possibility of an account in a foreign currency rests with Quicko.

Regulations – regulations linking Quicko and the Customer, i.e. Terms of Service, Table of Fees and Commissions, Card Agreement, Agreement on opening and maintaining a payment account, Agreement on providing the Customer Panel, Agreement on access to payment services via the Partner’s Website.

Quicko Terms of Service or Terms of Service – the present document.

Regulation (EU) 2015/751 Regulation of the European Parliament and of the Council of 29 April 2015 on interchange fees for card-based payment transactions.

Partner’s Website – a mobile or web application created by the Partner enabling the Customer to access the Quicko services through the Quicko System

Quicko System –Customer Panel and access via API to the Customer Panel.

Table of Fees and Commissions – table of fees and commissions charged by Quicko for the services provided and available under [URL].

NFC technology – wireless technology that allows contactless data transmission at close range.

POS Terminal – an electronic device used to perform Cash and Cashless Transactions and to print their confirmations, reading the Card data.

Transaction – initiated by the Customer or the Payee to deposit, transfer or withdraw money.

Cashless Transaction – Card Transaction, constituting payment for goods or services at points accepting Card payments, including on the Internet.

Cash Transaction – A Card transaction constituting a cash payment, including a cash payment at an ATM and using a terminal (in banks or other financial institutions and at specific service and commercial points; often associated with a Cashless Transaction).

Remote Transaction – a Cashless Transaction that does not require a physical presentation of a Card, including: order placed by phone, e-mail, fax, postal and via the Internet. Distance Transaction authorisation may require providing the CVV/CVC2 Card number. When making a Remote Transaction, you are never required to enter your payment card PIN.

Foreign Transaction – Transaction made in foreign currency or in Polish zlotys (PLN) with the Merchant having its registered office outside Poland.

Proximity Transaction – Transaction made with the use of a Proximity Card in NFC Technology.

Agreements – collective definition of the Framework Agreement and agreements concluded with the Customer in its execution, i.e. an agreement for a payment card, for opening and maintaining a payment account, for providing access to payment services with use of the Customer Panel on Partner’s Website or Quicko System. A template of the Framework Agreement is attached as Appendix 1 to these Regulations.

Mobile Device – a portable electronic device that allows its user to receive, transfer and send data via the Internet, meeting the technical requirements for installing the Partner’s Website e.g. a smartphone, a tablet.

UUP – the Polish Act of 19 August 2011 on payment services.

Using the Card – – using the Card, including Card data, to initiate a Transaction.

Quicko – Quicko sp. z o.o. with its registered office in Tarnowskie Góry, at ul. Sienkiewicza 49, 42-600 Tarnowskie Góry, registered in the Register of Entrepreneurs of the National Court Register kept by the District Court in Gliwice, 10th Commercial Division of the National Court Register, under the KRS number 0000350151, NIP 5213540295, REGON 142004870, holding the license of National Payment Institution number IP52/2021.

Application – an application for the conclusion of a Framework Agreement submitted by the Customer using the Partners Website or the Customer Panel.

Issuance of a Card – a service consisting in issuing a payment card referred to in Art. 2 item 15a of the UUP.

Statement of Operations – statement of Operations on the Account or Accounts in a given Settlement Cycle.

Blocking the Card– temporary or permanent suspension of the possibility of making Transactions subject to Authorisation.

Crediting the Account – increasing the balance of Available Funds on the Account by crediting the transfer or crediting a Card.

Card Cancellation – irrevocably preventing Authorised Transactions with the use of the Card.

Payment Order – a statement addressed to Quicko by the Customer or the Payee, respectively, containing an order to execute the Transaction.

Refund – crediting the Account with the amount returned through the Acquirer, e.g. as a result of returning the goods for which payment was previously made using the Card.

CONCLUSION OF A FRAMEWORK AGREEMENT

§ 1 Form of conclusion of the Framework Agreement

The conclusion of the Framework Agreement takes place on the basis of the Customer’s Application submitted:

in the case of an Individual Customer:

(i) through the Partner’s Website,

(ii) through the Customer Panel, another communication channel provided by Quicko;

in the case of a Business Customer:

through the Partner’s Website,

(ii) through the Customer Panel,

(iii) with another channel provided by Quicko.

The conditions for concluding the Framework Agreement are:

submitting a correct and complete Application,
submission by the Customer of a declaration of will to conclude a Framework Agreement, i.e. acceptance of the template of the Framework Agreement by the Customer in the Quicko System,
positive verification of the Customer’s identity, subject to terms indicated in § III.2 and III.3 below.
acceptance of these Terms by ticking the box with the following text: “I have read the content of the Quicko Terms of Service, which is an integral part of the Framework Agreement and I accept its content”
expressing the will to conclude a Framework Agreement by ticking the box saying: “I am concluding a Framework Agreement for the provision of payment services with Quicko”

Quicko notifies the Customer about the result of their verification through the Quicko System, via e-mail or other communication channel provided by Quicko and used by the Customer to submit an application for the conclusion of the Framework Agreement.
Quicko is not obliged to indicate the reasons for refusal to conclude a Framework Agreement.

§ 2 Verification of Individual Customer’s identity

The condition for the conclusion of the Framework Agreement is the identification of their identity.
Identity verification is carried out using the Quicko System or the Customer Panel using the video verification method (verification by photo).
Verification of identity may be carried out by Quicko or the Partner
Before proceeding with identity verification in the Quicko System, the Individual Customer should make sure that his Mobile Device (mobile phone, tablet, etc.) meets the technical requirements enabling it to be carried out:

has the current, registered version of the Quicko System,
has an iOS13 or higher (for Apple devices) or Android 7.0 Marshmallow or higher (for Android devices),
has access to the Internet with an available bandwidth of at least 512 Kbps,
has a (built-in or connected) camera.

Before starting the video verification, the Individual Customer should:

prepare a valid identity document, i.e. ID card or passport or residence permit
prepare a place illuminated in such a way that the photographs taken in it enable the recognition of the face and the data contained in the identity document.

In order to perform video verification in the Quicko System, the Individual Customer:

1. logs in to the Quicko System or Customer Panel on their device,
2. consents to the processing of personal data, including image processing,
3. consents to the access of the Quicko System or Customer Panel to the camera,
4. makes a statement concerning exposed political position,
5. completes the Application by providing their personal data, i.e.:

first name and surname,
PESEL number (if PESEL is not available – other personal ID number),
number, series, date of issue, expiration date of Identity Document,
date of birth,
citizenship,
phone number,
e-mail address,
residence address,
source of funds
x. other data required by legal regulations, including in particular the AML Act.

1. makes a statement as to the accuracy of the data provided by them,
2. takes a photo of the Customer’s face and their ID or passport using the Quicko System on which the Customer’s face and their ID card or passport are visible at the same time in the manner indicated in the Quicko System (the quality of the photo must allow for facial recognition and reading of identity document data),
3. sends a verification request via the Quicko System

In the case of verification in the Customer Panel, the Customer provides the following data:

1. makes a statement concerning exposed political position,
2. completes the Application by providing their personal data, i.e.:

first name and surname,
PESEL number (if PESEL is not available – other personal ID number),,
number, series, date of issue, expiration date of Identity Document,
date of birth,
citizenship,
phone number,
e-mail address,
residence address,
source of funds
x. other data required by legal regulations, including in particular the AML Act.

1. makes a statement as to the accuracy of the data provided by them,
2. takes a photo using a camera, on which the Customer’s face and their ID card or passport are visible at the same time in the manner indicated in the Customer Panel (the quality of the photo must allow for facial recognition and reading of identity document data),

QUICKO verifies the authenticity of the identity document and the compliance of the Customer’s image and the image on the identity document:
1. using software incorporating biometric techniques, or
2. manually by one of Quicko’s employees authorised to process Customer data in this regard.
In the event of doubts regarding the identity of the Individual Customer, Quicko or the Partner may require them to send scans of additional documents confirming their identity (e.g. driving licenses, utility bills) or send another photo including both the Customer’s face and their identity document.
Quicko or the Partner rejects the Application if the identity verification turned out to be negative, i.e. when:
1. the data in the Application are incomplete, untrue, outdated or inconsistent with the information obtained by Quicko or the Partner in the verification process,
2. the submitted photo prevents effective identification of the Individual Customer,
3. the identity document is not owned by the Individual Customer, is no longer valid, invalidated or for other reasons it is not possible to read the information contained in it (including verification of the image).
4. The application of financial security measures under the AML Act was impossible.
Quicko or the Partner notifies the Individual Customer about the results of identity verification using the Quicko System, within no more than 3 Business Days from the date of confirming the submission of a complete application (and in the event of a request for further documents referred to in item III.§2-8 of the Terms of Service – from the date the last one was submitted).

§ 3 Verification of the Business Customer’s identity

Before concluding the Framework Agreement with a Business Customer, Quicko or the Partner shall verify their identity.
Verification of the Business Customer’s identity consists in verifying the data provided by them in the Application by the Quicko employee or Partner during a meeting with the customer or using the Customer Panel and video verification (in the case of a Business Customer that is a legal person – video verification is carried out with persons authorised to represent it).
Prior to the commencement of the verification, the Business Customer should:

prepare a valid identity document, i.e. an identity card or passport (if the Business Customer is a legal person – of a person authorised to represent it);
prepare a place illuminated in such a way that the photographs taken in it enable the recognition of the face and the data contained in the identity document.

4. In order to verify the identity in the Customer Panel, the Business Customer:

1. logs in to their account via the Customer Panel (in the case of a Business Customer that is a legal person, logging in is performed by a person authorised to represent it, as indicated by the Business Customer when creating an account in the Customer Panel),
2. gives appropriate consents regarding the processing of personal data (in the case of a Business Customer, who is a natural person or a person authorised to represent a Business Customer, who is a legal person),
3. submits a statement concerning their exposed political position (in the case of a Business Customer who is a legal person – by persons representing it),
4. provides the following data:

i. company/name,
ii. form of business,
iii. tax identification number/CRS,
iv. data of the person authorized to represent (in the case of a Business Customer that is a legal entity),
v. data of the real beneficiary and its address of residence
vi. industry

1. vii. email address;takes a photo in which the face of the Business Customer (a representative of the Business Customer, who is a legal person) and their ID card or passport are visible at the same time in the manner indicated in the Customer Panel and sends it to Quicko via the Customer Panel. The quality of the image must be sufficient for recognition of face and the data on the identity document.
2. Submits completed forms, required by Quicko, for source of wealth and bussiness decription

5.In order to verify the identity of the Business Customer, Quicko or the Partner verifies the data provided by the Business Customer against public information available on the Internet, including data collected in business registers (KRS, CEIDG, white list of VAT, CRBR, taxpayers and others).
6.In the event of any doubts as to the data provided in the Application, especially in the scope of actual beneficiaries, Quicko or the Partner may ask the Business Customer to submit additional explanations and documents.
7.Quicko or the Partner rejects the Application if the identity verification turned out to be negative, i.e. in a case, when:

the data in the Application are incomplete, untrue, outdated or inconsistent with the information obtained by Quicko or the Partner from external sources in the verification process,
verification of the Business Customer’s identity revealed an unacceptable level of risk in concluding the Framework Agreement.
The application of financial security measures under the AML Act is impossible.

8.Quicko or the Partner notifies the Customer about the results of identity verification using the Customer Panel, within no more than 5 Business Days from the date of confirming the submission of a complete application (and in the event of a request for further explanations or documents referred to in item III.§3-6 of the Terms of Service – from the date the last one was submitted).

CUSTOMER PANEL

§ 1 Access to the Customer Panel

[Basic information]

Quicko provides the Individual Customer who has registered through the Partner’s website and the Business Customer with access to payment services via the Customer Panel.
The Customer Panel is an electronic banking service referred to in the Regulation of the Polish Minister of Development and Finance on the list of representative services related to a payment account of 14 July 2017 and consists in access to a payment account via the Internet, which allows Customers to check the balance of a payment account, change the limits for Cashless Transactions and transactions made using a debit card or submit another type of order to the account.
Access to the Customer Panel requires the Customer to create an individual account.
The minimum technical requirements for the Customer Panel are having a device with Internet access with the possibility of data transmission with a bandwidth of at least 512 Kbps,
Access to the full range of services in the Customer Panel, including access to payment services using the Customer Panel, will be available to Customers after the conclusion of the Framework Agreement.
Detailed rules for using the Customer Panel are set out in these Terms of Service.
In the case of Business Customers who are not natural persons, access to the Customer Panel is reserved only for the person indicated by the Business Customer in the Application. The Business Customer indicates the name, surname and telephone number of the person authorised to access the Customer Panel.
The Customer Panel may be available only on the Partner’s Website if the Customer is also a customer of the Quicko Partner.

[Logging in to the Customer Panel]

By creating an account in the Customer Panel, the Customer sets a strong Access Password that meets the minimum requirements in terms of the number and type of characters it consists of, as indicated in the present Terms of Service.
10.Each access to the Customer Panel requires providing identification data, including:

login (login is the e-mail address provided by the Customer when creating an account in the Customer Panel),
the Access Password set by the Customer,
a one-time Password sent to the Customer’s e-mail address.

11.If the Customer enters the login or access password incorrectly three times, it will be locked. In this case, in order to unlock access to the Customer Panel, the Customer should contact Quicko or the Partner via other channels of communication or wait until access to the Customer Panel unlocks itself.
12.Providing the login and password by the Customer (including the person indicated by them) is required for each login to the Customer Panel.
13.For security reasons some activities performed in the Customer Panel, including instructions regarding services and products and Payment Orders, require additional Authorisation. Authentication takes place by providing in the Customer Panel a one-time Password sent by Quicko to the e-mail address indicated by the Customer.
14.In the Customer Panel, the Customer indicates the e-mail address to which the One Time Password required for the Authorisation of Payment Orders requiring additional Authorisation will be sent.
15.Quicko reserves the right to temporarily change the method of access to the Customer Panel for security reasons or in the event of the need to carry out technical works. In this case, the Customer will be notified in advance of the new access method.
16.If the Customer Panel is made available through the Partner service, it is permitted to use strong authentication of the Customer, which ensures the protection of data confidentiality based on the use of at least two identifying elements (e.g. PIN, multi-use password, secret question and answer, a pattern on the screen of a smartphone, a smartphone with a SIM card assigned to the Customer’s phone number or a corresponding application on the smartphone, (a unique feature based on biometrics, e.g., fingerprint, retinal scan, facial image, voice biometrics) that are an integral part of this authentication and independent in such a way that a breach of one of these elements does not undermine the reliability of the others.

§ 2 Functionality of the Customer Panel

Using the Customer Panel, the Customer can gain:

access to Quicko Accounts,
the possibility of executing Payment Orders.

In particular, the Customer Panel may enable the Customer to:

a.register and log in to the Customer’s individual account,
b.manage the Customer’s profile and security,
c.access Account information, including account number and currency information,
d.access the history of Account transactions,
e.access the current balance of the Accounts,
submit Payment Orders,
g.activation of management/observation/blocking/viewing of Card,
h.submit an application for the opening of another Account,
change the Card Limits,
change the data of the person authorised to use the Customer Panel,
k.get information about current Quicko products.

Quicko reserves the right to further update and expand the Customer Panel with additional functions. Up-to-date information on all available functionalities of the Customer Panel is available in the Quicko Portal.
Quicko reserves the right to change the functionality of the Customer Panel depending on the Partner, who cooperates with the Customer and Quicko.
The scope of activities that can be performed through the Customer Panel is contained in these Terms of Service.

§ 3 Placing Payment Orders using the Customer Panel

Quicko executes the instruction of the Customer Payment Order placed with use of the Customer Panel.
Quicko refuses to execute orders related to participation in gambling, the subject of which would be the performance of payment services, unless the game is conducted in accordance with the Polish Gambling Act.
Quicko executes orders up to the established Transaction Limit (quantitative and concerning the amounts). Quicko refuses to execute orders that exceed the established Transaction Limit or the amount of funds collected on the Customer’s account.
Quicko executes Transactions after their Authorisation by the Customer. The authorisation of the payment order by the Customer constitutes their consent to execute the Payment Transaction.
The Customer may also grant consent for the execution of the Payment Transaction through the Payee, the Payee’s Supplier or the Supplier providing the Transaction initiation service.
The Customer authorises the Payment Order by:

selecting the acceptance button in the Customer Panel,
selecting the acceptance button in the Customer Panel and providing a correct One Time Password – in the case of those transactions that, due to applicable law or security reasons, require additional Authorisation.

In the absence of correct Authorisation of the Payment Order, Quicko refuses to execute it.
The moment of receipt by Quicko of the Payment Order submitted with use of the Customer Panel is considered to be the moment of authorisation of the Payment Order.
The Customer may cancel the Payment Order until it is received by Quicko.
Quicko refuses to execute the Payment Order in the case of:

lack of sufficient funds in the Account selected to execute this Transaction,
exceeding the Transaction Limit,
lack of Payment Order Authorisation,
provision of incomplete or incorrect information necessary to execute the Payment Order to Quicko,
doubts as to the identity of the person submitting the Payment Order or its authenticity.
non-compliance of the Payment Order with the law (including in the event of a reasonable suspicion that it may be related to money laundering or terrorist financing (AML)).

The Customer will immediately receive notification of the refusal to execute the Payment Order by the Customer Panel and the reason for the refusal, unless such notification is inadmissible under separate provisions.
The maximum execution time of the payment service provided by Quicko is 1 Business Day.

COMMON SAFETY RULES FOR QUICKO SYSTEMS

These security rules listed below apply to Customers using the Customer Panel or Quicko System or persons indicated by Business Customers to use the Customer Panel.
Always protect login and authorisation data, as well as the content of messages received from Quicko, take care of their confidentiality and do not share them with third parties.
When entering login and authorisation data, care should be taken to ensure that they are entered in a place and in a manner that prevents their disclosure to third parties.
In the event of disclosure or suspicion of disclosure of Customer identification data, the Access Password should be changed immediately.
Log out of the Quicko System in case of departure or absence from the device.
Do not leave devices on which the Quicko System is installed/used unattended.
When using the Quicko System always make sure that the connection is encrypted (a closed padlock symbol next to a website address starting with https).
Before authorising a Payment Order, one should always make sure that the Transaction data is correct.
When receiving a One Time Password from Quicko or a Partner, one should carefully read its content, noting any discrepancies with the submitted Payment Order.
Only use legal and up-to-date software, including anti-virus software.
One should not install applications that do not originate from safe sources on the device.
Do not log into the Quicko System while using an unknown, publicly available or unsecured Internet network.
Caution is advised when opening emails from suspicious senders.
Any suspicious circumstances related to the use of the Quicko System should be reported to Quicko immediately.

VII. ACCOUNTS

§ 1 Accounts kept for Individual Customers

[Opening of Account]

1. 1. Quicko provides services of opening and maintaining PLN Accounts or Currency Accounts. The currency of the Account depends on the individual needs of the Customer and Quicko’s current offering.
  2. Quicko may also provide services to open and maintain a PLN Account or a Currency Account, upon individual arrangement with the Customer, after the Customer meets the requirements indicated by Quicko. The final decision regarding the possibility of opening and maintaining a PLN Account or a Foreign Currency Account rests with Quicko.
  3. Current information on Accounts, including available currencies for Currency Accounts, is made available in the Quicko System.
  4. Quicko may opens and maintains a PLN Account for the Individual Customer or in Account in foreign currency, on the basis of the Agreement on opening and maintaining an Account concluded under the Framework Agreement.
  5. The Individual Customer receives a confirmation of the opening of the Account from Quicko, containing information about the individual Account number immediately after the conclusion of the Agreement on the opening and maintenance of the Account, via the Partner’s Website.
  6. Quicko reserves the right to refuse to open and keep an Account or Currency Account or temporarily block it in the event of negative verification of the Individual Customer’s data or suspicion of acting contrary to applicable regulations, in particular if there is a reasonable suspicion of the possibility of acting contrary to the provisions of AML.

[Opening subsequent Accounts]

1. 1. An Individual Customer may hold more than one Account.
  2. The opening of the subsequent Account for an Individual Customer is based on the instruction submitted through the Partner’s Website and does not require the conclusion of an annex to the Agreement on the opening and maintenance of the Account.
  3. 9.
  4. The Individual Customer shall select the currency in which the next (second and subsequent) Accounts in the instruction shall be maintained. The Individual Customer’s first Account shall be maintained in PLN or in a foreign currency as a Foreign Currency Account, in accordance with the Individual Customer’s preferences. The Individual Customer receives from Quicko a confirmation of opening the Account, containing information about the individual Account number and its currency, immediately after Quicko accepts the Disposition, via the Partner’s Website.

[Account Functionality]

1. 1. Every Account is kept as an individual personal account of an Individual Customer separately. Quicko does not maintain joint accounts.
  2. Accounts may not be used by the Individual Customers to carry out cash settlements related to conducting business activity.
  3. Funds accumulated in the Accounts are not interest-bearing.
  4. The Individual Customer may dispose of the money in each of the Accounts, up to the amount of their balance.
  5. A Card may be issued for each Account kept for an Individual Customer.

[Account Access and Account Orders]

1. 1. Access to the Accounts takes place through the Quicko System.
  2. The Individual Customer receives access to information about the current balance on the Accounts and the history of transactions on the Accounts:

through the Quicko System,

b. once a month in the form of a Statement of the Customer.

1. 1. Individual Customer submits orders for Accounts using the Quicko System .
  2. The Customer’s statement of operations (transaction history) is available 24/7 through the Quicko System.

[Account Transactions]

1. 1. An account kept for an Individual Customer enables:
2. storing funds on the Account,
3. crediting the Account based on an incoming transfer to an individual IBAN number,
  1. making a debit on account of an outgoing transfer order. An account kept for an Individual Customer does not allow for making other Transactions than those indicated in item VII.§1.20 of the Terms of Service.
  2. Quicko reserves the right to expand the functionality of the Account in the future, including the possibility of performing additional Transactions. Current information on the services provided by Quicko in connection with opening and maintaining the Account is available n the Quicko Portal.

§ 2 Accounts kept for Business Customers

[Opening of Account]

1. 1. Quicko provides services of opening and maintaining Accounts in PLN or Currency Accounts. The currency of the Account depends on the individual needs of the Business Customer.
Quicko may also provide services to open and maintain an Account in PLN or a Foreign Currency Account, upon individual arrangement with the Business Customer, after the Business Customer meets the requirements indicated by Quicko. The final decision regarding the possibility of opening and maintaining a PLN Account or a Foreign Currency Account rests with Quicko.
1. 1. Current information on Accounts, including available currencies for Currency Accounts, is made available in the Quicko System.
  2. Quicko opens and maintains a PLN Account or in Foreign Currency Account for the Business Customer, on the basis of the Agreement on opening and maintaining an Account concluded under the Framework Agreement.
  3. The Business Customer receives a confirmation of the opening of the Account from Quicko, containing information about the individual Account number immediately after the conclusion of the Agreement on the opening and maintenance of the Account, via the Customer Panel.

[Opening of subsequent Accounts]

1. 1. A Business Customer may hold more than one Account.
  2. The opening of the next Account for the Business Customer is based on the instruction submitted through the Customer Panel and does not require the conclusion of an annex to the Agreement on the opening and maintenance of the Account.
  3. The first Account of the Business Customer may be maintained in PLN or in a foreign currency, according to the individual preferences of the Customer. The Business Customer selects the currency in which the next (second and subsequent) Account will be maintained in the Disposition.
  4. The Business Customer receives from Quicko a confirmation of opening the Account, containing information about the individual Account number and its currency, immediately after Quicko accepts the Disposition, via the Customer Panel.

[Account Proxy]

The Business Customer may appoint a proxy to the Account:

placing an instruction to appoint a proxy in the Application or an instruction to open another Account,
by providing Quicko with a written statement on the appointment of a proxy with a notarized signature or in the form of a notarial deed.

Only a person who has full legal capacity can be appointed a proxy.
The power of attorney may be granted for a definite or indefinite period of time.
The Business Customer may, at its discretion, grant a power of attorney that is:

specific – on the basis of which the proxy is authorised only to perform actions within the scope or time limit specified in detail in the content of the power of attorney (including a single action),
generic (general) – pursuant to which the proxy is authorised to dispose of the funds accumulated in the Accounts, apply for and conclude Agreements, submit an order to issue a Card or open another Account and perform activities through the Customer Panel to the same extent as the Business Customer.

The power of attorney does not authorise the attorney to:

grant further powers of attorney,
terminate the Agreement for opening and keeping the payment account.

The power of attorney expires:

upon the death of the proxy or principal, who is a natural person,
upon expiry of the period for which it was granted,
upon termination of the Payment Account Opening and Maintenance Agreement.
on the day of receipt by Quicko of the Business Customer’s statement on the revocation of the power of attorney.

[Account Functionality]

Each Account is maintained as an individual account of the Business Customer. Quicko does not keep joint accounts.
Funds accumulated in the Accounts are not interest-bearing.
The Business Customer may dispose of the money in each of the Accounts, up to the amount of their balance.
At a request of a Business Customer Quicko issues a Virtual Card and/or a Quicko Card for a Quicko Account

[Account Access and Account Orders]

Access to the Accounts takes place through the Customer Panel
The Business Customer receives access to information about the current balance on the Accounts and the history of transactions on the Accounts:

through the Customer Panel,
once a month the customer receives a statement.

A Business Customer who is not a natural person indicates a person authorised to submit orders regarding the Account in the Application or Disposition.
The Business Customers submits instructions regarding Accounts using the Customer Panel.
Quicko reserves the right to refuse to open and keep an Account or temporarily block it in the event of negative verification of the Business Customer’s data or suspicion of acting contrary to applicable regulations, in particular if there is a reasonable suspicion of the possibility of acting contrary to the provisions of AML.
The Customer’s statement of operations (transaction history) is available 24/7 through the Quicko System.

[Account Transactions]

The account kept for the Business Customer allows the following transactions to be carried out:

payment of funds to the Account by means of a transfer,
internal transfer order between Accounts of the Business Customer kept in the same currency,
credit transfer,
SEPA Credit Transfer,
transfer order in a foreign currency.
performing a Transaction using the Virtual Card or the Quicko Card associated with the Account 27. Quicko reserves the right to expand the functionality of the Account in the future. Current information on the services provided by Quicko in connection with opening and maintaining the Account is available in the Quicko Portal.

CARDS

§ 1 Virtual Card

[Issue and activation of the Virtual Card]

Quicko issues a Virtual Card to the Customer on the basis of:

The Card Agreement concluded under the Framework Agreement,
Disposition submitted by the Individual Customer or the Business Customer during the term of the Framework Agreement.

A prerequisite for issuing a Virtual Card is that the Individual Customer or the Business Customer holds an Account and access to the Quicko System or the Customer Panel
Quicko issues a Virtual Card by making it available in the Quicko System or in the Customer Panel on the day of execution of the Card Agreement or accepting the instructions of an Individual Customer or a Business Customer to issue a Virtual Card submitted in the course of the Framework Agreement.
The Virtual Card is issued only in the form of an electronic record. Access to card data (PAN, expiry date and CVC2/CVV2) is available via Partner’s Website.
The Virtual Card is active immediately after its issue and does not require additional activation by the Customer. The Customer can assign a PIN to the Virtual Card, which allows the withdrawal of cash from ATMs equipped with an NFC interface.
The Customer may use the Virtual Card using the Quicko System. The Card can be used to make contactless payments using the NFC module on mobile devices equipped with a NFC module.

[Using the Virtual Card]

The Virtual Card requires a prior crediting of the Account with the amount selected by the Customer. Crediting the Account is possible through a non-cash payment via bank transfer or another payment card.
Crediting the Account may be made repeatedly during the term of the Card Agreement.
Quicko executes Transactions made with the Virtual Card only up to the amount of Available Funds on the Account and the Transaction Limit.
Information on the Transaction Limit is available in the Quicko System. It is possible to change the Transaction Limit subject the terms indicated in item X.§1 of the Terms of Service.
Access to information about the balance of Available Funds and the history of Virtual Card Transactions takes place through the Quicko System or the Customer Panel
The Virtual Card allows the Customer to:

make Non-Cash Transactions at a distance by telephone and in computer networks (so-called e-commerce payments),
make contactless payments using the NFC module in the event of pairing the Virtual Card with a mobile Device with access to NFC Technology via the Quicko System on Android, Google Pay, Apple Pay, Garmin Pay and Fitbit Pay devices,
perform non-cash Transactions using a QR code in Quicko System or Partner’s Website,
transfer money from card to card in MoneySend service,
make a transfer from the Card to the Customer’s Account maintained by Quicko,
withdraw cash from an ATM handling contactless payments.
withdraw cash via a terminal (Cash Back service),

13. The Virtual Card does not allow the Customer to:

withdraw cash from ATMs that do not support contactless payments,
make cash deposits in a cash machine.

14. Quicko reserves the right to expand the functions of the Virtual Card in the future. The current information on the functionality of the Card is available in the Quicko Portal.
15. The Customer has the right to cancel the Virtual Card at any time, using:

a. The Quicko system,
b. Helpline.

16. The validity period of the Virtual Card is indicated in the Partner’s Website or the Customer Panel. After the expiry date, the Card is not renewed.

17. After the expiry of the validity period of the Virtual Card, it will no longer be active.

§ 3 Quicko Card

[Issue and activation of the Quicko Card]

Quicko issues a Quicko Card to the Customer on the basis of:

The Card Agreement concluded under the Framework Agreement,
Disposition submitted by an Individual or Business Customer during the term of the Framework Agreement.

A prerequisite for issuing a Quicko Card is that the Customer holds an Account.
One or more Quicko Cards may be issued to one Account.
The Quicko Card has the form of a physical card and it is a Proximity Card.
Quicko sends the Quicko Card to the Customer to the correspondence address indicated by them.
Using the Quicko Card requires its activation through the Quicko System.
If they do not receive a Quicko Card, the Customer should contact Quicko via the Helpline as soon as possible. If the undelivered Quicko Card is not returned to Quicko, Quicko will cancel it and issue a new Quicko Card to the Customer, which will be sent to the correspondence address indicated by them.
After receiving the card, the Customer should activate it and assign it a PIN in the Quicko System.

[Using the Quicko Card]

The Quicko card allows its Customer to:

make Non-Cash Transactions at a distance by telephone and in computer networks (so-called e-commerce payments),
make contactless payments using the NFC module in the event of pairing the Virtual Card with a mobile Device with access to NFC Technology via the Quicko System or Partner’s Website on Android, Google Pay, Apple Pay, Garmin Pay and Fitbit Pay devices,
perform non-cash Transactions using a QR code in Quicko System or Partner’s Website,
transfer money from card to card in MoneySend service,
make a transfer from the Card to the Customer’s Account maintained by Quicko,
withdraw cash from ATMs.
withdraw cash via a terminal (Cash Back service),

The Quicko card does not allow its Customer to:

make cash deposits in a cash machine.

Access to information about the balance of Available Funds and the history of Quicko Card Transactions takes place through the Quicko System.
Information on the Transaction Limit is available in the Quicko System. It is possible to change the Transaction Limit subject the terms indicated in item X.§1 of the Terms of Service.
The Customer has the right to cancel the Quicko Card at any time, using:

The Quicko system,
Helpline.

The validity period of the Quicko Card is placed in the Quicko System and on the obverse side of the Quicko Card. After the expiry date, the Quicko Card is not renewed.
The Customer is obliged to sign the Quicko Card on its reverse.

§ 4 Cancelling and blocking of the Card

Quicko cancels the Card in the event that:

The Customer submits an effective statement of withdrawal from the Framework Agreement, Card Agreement or other agreement that results in the automatic termination of the Card Agreement – immediately after receiving the Customer’s statement in this regard,
The Customer submits an effective statement of termination of the Framework Agreement, Card Agreement or other agreement that results in the automatic termination of the Card Agreement – with effect on the date of expiry of the notice period,
The Customer and Quicko terminate the Framework Agreement, the Card Agreement or any other agreement that results in the automatic termination of the Card Agreement by mutual agreement – with effect as of the date indicated in this agreement,
The Framework Agreement, Card Agreement or other agreement that results in the automatic termination of the Card Agreement expire for the reasons indicated in the Terms of Service – including as a result of the Customer’s objection to changes in the Terms of Service, the Customer’s death,
The Customer submits a request for cancelling of the Card in accordance with item VIII.§4 of the Terms of Service – immediately after receiving the Customer’s request,
Card, Quicko Card are reported to be found – immediately after receiving the notification.

Quicko may cancel or block the Card in the event that:

there are reasons for its cancellation or blocking indicated in the Terms of Service,
The Customer uses the Card in a manner inconsistent with the Terms of Service,
there is a justified reason related to the security of trading carried out using the Card – including the possibility of third parties taking possession of the Card data,
there is a suspicion of unauthorised use of the Card or data concerning it,
there is a suspicion of intentional unauthorised Transaction.

In the first place, Quicko blocks the Card, unless its cancellation is required by law or for security reasons.
The Customer is obliged to immediately apply to Quicko via the Helpline or the Quicko System for a cancellation of the Card in the event that:

the Quicko Cardwas stored
The Quicko Card, Virtual Card, were be used in an unauthorised manner or an unauthorised person gained access to it or its data,
The Customer found that a Transaction was made with the Card that they did not order.

Quicko blocks the Card in the event of three incorrect entries of the PIN. In this case, the Card can be unlocked using the Quicko System or the Helpline.
Quicko notifies the Customer about the cancellation or blocking of the Card via the Quicko System or other available communication channel.
A cancelled Virtual Card, Quicko Cardcannot be reused.

§ 5 Safety of using the Card

The Card can only be used by the Customer.
The Customer is obliged:

to use the Card in accordance with the Terms of Service,
to use the Card only throughout the term of the Agreement,
to comply with the law, and in particular the UUP,
not to disclose to unauthorised persons, and to store and protect with due diligence the Card and its data and data required for Authorisation (e.g. PIN),
not to disclose Card details for purposes other than making Transactions – including not making them available to unauthorised persons and not to allow data or image to be copied,
not to store the Card together with the PIN, which should be understood as the unavailability of the PIN on a mobile phone or other device without the need to provide an additional login and password,
to immediately notify Quicko about the fact of unauthorised use or access to the Card,
to perform on-going monitoring of the Account’s debits and the balance of Available Funds in the scope of the Transactions made and to promptly report any inconsistencies or irregularities and to promptly notify Quicko about the identified unauthorised, non-executed or improperly executed Transactions,
not to leave the Card data saved via any devices in a way that allows them to be used or read by unauthorised persons.

IX. PRINCIPLES OF LIABILITY

[Responsibility of the Customer]

The Customer is obliged to protect the Card in particular against unauthorised access to its data.
The Customer may not share the PIN and passwords with third parties.
The Customer may share the Card number and its data, including the CVV/CVC2 code, only for the purpose of performing a Transaction
The Customer bears full responsibility for Transactions made from his/her Card Account andauthorised during the term of the Framework Agreement or the Card Agreement, even if these Transactions were settled after the termination or expiry of the Agreements.
If the Customer has provided the Card data, including the PIN, One-Time Password or other data used for Authorization to third parties, they are deemed fully responsible for Transactions made by these persons.
Except for the situation in which the Customer did not make a notification, in accordance with item XI.8 of the Terms of Service within 13 months from the date of debiting the Card, or from the date on which the Transaction was to be executed (excluding the situation referred to in item XIII.1 of the Terms of Service), in the event of an unauthorised Transaction occurring Quicko will immediately, but not later than by the end of the Business Day following the date of the unauthorised Transaction, or after the date of receipt of the relevant notification, shall restore the debited Account or the state of Available Funds on the Card to the condition that it would have existed if the unauthorised Transaction had not taken place, unless Quicko has reasonable and duly documented grounds to suspect fraud, and shall inform the authorities appointed for the prosecution of crimes in writing about it.
The Customer is responsible for unauthorised Transactions made from the Account or up to the amount of the equivalent in Polish currency of EUR 50, determined using the average exchange rate announced by the National Bank of Poland in force on the date of the Transaction, if the unauthorised Transaction is the result of the use of a Card lost by the Individual Customer or stolen from the Individual Customer or its misappropriation.
The limitation of liability referred to in item IX. 7 of the Terms of Service does not apply to the situation in which the Customer was not able to determine the theft of Card data before the Transaction – except when the Customer acted intentionally or the theft or unauthorised disclosure of Card data before the Transaction was caused by an act or omission on the part of an Quicko employee, agent, branch or a technical service provider supporting the provision of Quicko payment services.
The Customer is liable Transactions in full if they were caused intentionally or as a result of deliberate or grossly negligent breach of at least one of the obligations set out item VIII.4 of the present Terms of Service.
The Customer shall be charged for all Transactions made after the Card cancellation has been made, if they occurred due to the Customer’s intentional fault.

[Exclusion of Customer’s Liability]

Unless Quicko requires strong user authentication, the Customer is not responsible for unauthorised Transactions, unless they acted intentionally.
If Quicko does not provide the Customer with the opportunity to cancel the Card referred to in item VIII.§3 of the Terms of Service, the Customer is not responsible for unauthorised Transactions, unless they intentionally led to them.

[Quicko’s Responsibility]

If the Payment Order is submitted directly by the Customer, Quicko shall be liable to the Customer for non-execution or improper execution of the Transaction, unless:

1. Quicko is able to prove that the Payee’s Supplier’s account has been credited with the amount of the Transaction initiated by the Customer no later than at the end of the next Business Day following reception of the Payment Order,
2. The Customer has not made a notification in accordance with item XI.10 of the Terms of Service within 13 months from the date of debiting the Account or the Card Account or from the date on which the Transaction was to be executed (excluding the situation referred to in item XIII.1 of the Terms of Service),
3. the IBAN number provided by the Customer is incorrect; in this situation, Quicko is obliged to take action to recover the amount of the Transaction,
4. there is an event of force majeure,
5. non-performance or improper performance of the Payment Order results from other provisions of law.

If Quicko is liable in accordance with item IX. 13 of the Terms of Service, immediately restores the debited Account or the balance of Available Funds to the state that would exist if there was no non-execution or improper execution of the Transaction.
In the event that the Payment Order is submitted by the Customer to a provider other than Quicko providing the payment transaction initiation service, Quicko shall restore the debited Account or the balance of the Available Funds to the state that would have existed if it had not been improperly executed. The provider providing the service of initiating a payment transaction shall bear the burden of proving that Quicko has received a Payment Order in accordance with art. 49 of the UUP and that – within the scope of its properties – the Transaction was authenticated, properly recorded and was not affected by a technical failure or other type of defect related to the non-performance or improper performance of the Transaction, including its late performance. If the provider of the payment transaction initiation service is responsible for the non-performance or improper performance of the payment transaction, including its late execution, it shall immediately compensate Quicko, at its request, for the damage suffered or reimburse the amount incurred as a result of the reimbursement to the Customer.
In the event of non-performance or improper performance of a Transaction:

initiated by the Customer – Quicko, regardless of the issue of liability, at the Customer’s request, immediately takes action to trace the Transaction and notifies the Customer about its result,

17. In the event of non-performance or improper performance of the Transaction for which Quicko is responsible, the liability also includes fees and interest on overdue debt charged to the Customer in the result of non-performance or improper performance of the Transaction.

X. TRANSACTIONS

§ 1 General rules for the execution of Transactions by Quicko

[Transactions]

Quicko can perform the following Card Transactions:

Distance Transaction (e-commerce),
Cashless Transaction using a POS Terminal,
Proximity transaction using a NFC module,
payment with a QR code,
withdrawal of funds at an ATM,

Quicko may execute the following Transactions on the Individual Customer’s Account:

payment of funds to the Account by bank transfer,
Crediting the Account with a Card transaction
internal transfer order between Accounts in the same currency

Quicko may executes the following Transactions on the Business Customer’s Account:

payment of funds to the Account by means of a transfer,
funding the Account from a Card transaction
internal transfer order between Accounts in the same currency
credit transfer,
SEPA Credit Transfer,
transfer order in a foreign currency.

Quicko executes Transactions on the basis of the Customer’s Payment Order.
The Customer agrees to execute the Transaction by granting Authorisation. The authorisation, except for the situations clearly indicated in the content of the Terms of Service, also includes the amount of the Transaction. In the case of direct debit and standing order, the Authorisation shall cover all transactions executed under this Payment Order.
The moment of receipt of the Payment Order is the moment when the Payment Order was received by Quicko. Quicko accepts Payment Orders submitted in writing and in electronic form.
If the execution of the Payment Order is to start on a specific day, the cancellation of the Payment Order may take place by the end of the Business Day preceding the planned date of commencement of the execution of the Payment Order.
If the Transaction is initiated by the provider providing the payment transaction initiation service or by or through the Payee – the Customer may not cancel the Payment Order after giving the provider providing the payment transaction initiation service consent to initiate the Transaction or after giving the Payee consent to execute the Transaction.
Quicko reserves the right to update and expand the number of services provided, upon compliance with regulations and legal requirements in the field of payment services. Up-to-date information on all available Transaction services is available on the Quicko Sytem.

[Fees and commissions]

Fees and commissions charged in connection with Accounts and Cards can be found in the Table of Fees and Commissions.
The Customer is obliged to provide the Accounts with the funds necessary to cover the fees and commissions due. Lack of sufficient funds to cover fees and commissions can lead to debt.

[Overdue debt]

The Customer is obliged to regularly check the balance on the account in order to verify whether there was no debt, i.e. a negative balance. The debt should be repaid immediately, but not later than on the last day of the month in which the transaction was executed.
Quicko will charge interest on overdue debt from the date of its creation to the day preceding its repayment, in the amount specified in the Table of Fees and Commissions.
If there are insufficient funds on a given Account or Card to repay the overdue debt, the Customer irrevocably authorises Quicko to collect the amount of debt from other Customer Accounts or Cards is collected)
If the money is paid into the Account on which the overdue debt was created, it will be credited in the following order for repayment:

of accrued fees and commissions,
of interest on overdue debt,
of overdue debt.

The persistence of overdue debt may constitute the basis for the termination of the Agreement by Quicko, on the terms indicated in item XIV.§2 of the Terms of Service.

[Transaction Limit]

Quicko is entitled to set a maximum daily Transaction Limit. Information about the current daily Transaction Limit is available in the Quicko System.
The Customer has the possibility to change the maximum daily Transaction Limit through the Quicko System, including:

the Card Transaction limit,
the Transaction Limit in Foreign Currency
cash Transaction Limit (ATM withdrawal)
the Distance Transaction Limit

Transactions are executed up to the established Transaction Limit, unless the amount of funds in the Account or Card is insufficient to complete the Transaction.

§ 2 Card Transactions

[Authorisation of Card Transactions]

The authorisation of the Transaction performed using the Card is carried out in one of the following ways:

by accepting the amount of the Transaction and providing the PIN at the POS Terminal,
bring the Proximity Card close to the POS Terminal and enter the PIN number,
by bringing the mobile device with a digitized card equipped with the NFC interface closer to the terminal or ATM equipped with the NFC interface in order to read the data from the Card,
by accepting the amount of the Transaction and entering the PIN at the ATM,
by providing the Merchant with the Card data during the Distance Transaction. (The Merchant may request the Card number, Customer data, Card expiry date (understood as month and year in MM/YY format), CVV2 or CVC2 code, as well as 3D-Secure Code. The Merchant may not ask for the PIN of the Card or sending of its image.)

In the case of Transaction Authorisation in the amount not exceeding PLN 100, the PIN may not be required.
Quicko executes Payment Orders by authorizing them using strong authentication in accordance with the requirements resulting from applicable regulations.

[3D-Secure Service]

When you make a Distance Transaction with a Card for which the 3D-Secure Service is enabled, the Merchant may require you to provide a 3D-Secure authentication Code. Failure to provide a 3D-Secure Code or provision of an incorrect 3D-Secure Code when required will result in a denial of Transaction.
3D-Secure codes are sent in one of three available forms:

1. a push message in the Quicko System,
2. SMS message to the Customer’s phone number,
3. Notification and confirmation of payment directly in the Partner’s Website running within the Quicko System

The customer, as part of the 3D-Secure notification, each time also receives information about the amount and name of the Merchant, the customer is required to verify them before performing the authorization,
The condition for using the 3D–Secure Service is its availability with the Merchant.

[Card Transaction Currency]

Transactions made using the Card are carried out in the currency in which the Card was issued.
Transactions authorised by Merchants in a currency other than the currency of the Card are treated as Foreign Transactions.
In the case of Transactions carried out with the participation of the Merchant, who allows the selection of the currency of the Transaction, the Customer may be asked to choose the currency of the Transaction from the list of available currencies.
If the Customer purchases goods or services in a foreign currency and then returns the goods or services, the Customer is charged for any exchange rate differences arising from this fact.
The Transaction made with the Card in a foreign currency is converted into the currency in which the Card was issued at the Mastercard/Visa rate in force on the day of the Transaction settlement.
The debiting of the Card issued to the Account for the Transaction carried out in a currency other than the currency of the Card is made in the currency of the Card and is the basis for charging a fee for the conversion of the Transaction in accordance with the Table of Fees and Commissions.
In the case of making a Foreign Transaction using the Card, the Merchant may charge an additional fee (the so-called surcharge). The collection of such a fee and its amount are independent of Quicko. The Customer or the Authorised Person should familiarize themselves with the settlement rules applied by the Merchant.

§ 3 Transactions with use of the Account

The Transaction is executed on the basis of the Customer’s Payment Order.
The authorisation of the Transaction made through the Account is carried out by the Quicko System on the terms indicated in item IV.§ 3 of the Terms of Service in the case of an Individual Customer and item V.§3 of the Terms of Service in the case of a Business Customer (Authorisation of a Payment Order).
Payment Orders may be submitted with use of the Quicko System.
A transfer order is a Transaction initiated by the Customer, which consists in debiting their Account with a specified amount and crediting the Payee’s account with that amount.
The condition for accepting a transfer order and an internal transfer order for execution is the submission of a Payment Order including:

the account number from which the funds are to be transferred,
the account number to which the funds are to be transferred,
data of the Payee (name and surname/business name),
Customer data,
the amount and currency of the transfer,
transfer reference.

Optionally, it is allowed to make a transfer between users of the Quicko System via the Partner Service using the phone number of the recipient who is also a Quicko customer holding the Account
The condition for accepting a SEPA transfer order for execution is the submission of a Payment Order including:

account number from which the transfer is to be made (in IBAN format),
account number to which the transfer is to be made (in IBAN format),
data of the Payee (name and surname/business name),
Customer data,
BIC number of the recipient’s delivery servicethe amount and currency of the transfer,
transfer reference.

The condition for accepting a foreign currency transfer order for execution is the submission of a Payment Order including:

account number from which the transfer is to be made (in IBAN format),
account number to which the transfer is to be made (in IBAN format),
data of the Payee (name and surname/business name),
Customer data,
the amount and currency of the transfer,
transfer reference

XI. STATEMENT OF OPERATIONS

Once a month, Quicko prepares and makes available to the Customer a Statement of Operations, taking into account the current balance, on the last day of the month.
The Statement of Operations is made available to the Customer free of charge in the Quicko System, with the possibility of downloading a .pdf file including the Statement of Operations to the Customer’s device.
At the Customer’s request, Quicko shall also make the Statement of Operations available to the Customer by ordinary letter to the correspondence address indicated by the Customer, charging a fee, in accordance with the Table of Fees and Commissions.
Quicko shall provide the Customer, free of charge, at least once a calendar year, with a statement of fees for services related to the payment account collected during the period covered by the statement referred to in art. 32b UUP. This statement is made available to the Customer in the Quicko System, with the possibility of downloading a .pdf file, and if requested – in paper form, sent to the correspondence address indicated by the Customer.
The Customer may select the method of delivery of the Statement of Operations at any time by submitting an application via the Helpline.
The statement of operations contains the following information on the history of Transactions settled in the respective billing cycle:

Transaction date,
Transaction amount,
the currency of the Transaction and the exchange rate used to convert the transaction, if its execution was associated with a currency conversion,
a description of the Transaction enabling its identification (including, in the case of card payment, also the accepting point or the transaction reference),
fees and commissions charged by Quicko in connection with the execution of the Transaction.

The Statement of Operations is prepared for a single Account held by the Customer.
In the event of a discrepancy in the balance, the Customer should report this fact to Quicko immediately, but not later than within 14 days of receipt of the statement.
Current information about the customer’s balance and performed operations is available to the customer in the Quicko System.
In the event of termination of the Framework Agreement, Card Agreement or Agreement for the opening and maintenance of a payment account, Quicko shall provide the Customer, no later than within 14 days from the date of termination, with the Statement of Operations for the period for which the Statement of Operations was not prepared, until the date of termination of the Framework Agreement, Card Agreement or Agreement for the opening and maintenance of a payment account.

XII. COMPLAINTS

The Customer is entitled to submit complaints concerning the services provided by Quicko, including those concerning the rights and obligations of the Customers under the UUP. Complaints are handled by Quicko.
The complaint should include:

name and surname of the Customer (in the case of Business Customers who are legal persons – the business name and the name and surname of the person authorised to represent it),
account number or Card number to which the complaint relates,
correspondence address or e-mail address,
description of the event being the subject of the complaint,
the way they expect the complaint to be solved.

Including in the content of the complaint as precise a description as possible of the event to which the complaint relates will streamline and speed up the complaint process. The customer may attach documents confirming its legitimacy to their complaint.
Complaints can be submitted:

in electronic form:

1. 1. using the complaint form available in the Quicko Portal

sending an e-mail to reklamacje@quicko.pl or in the Quicko System or Customer Panel. in paper form by:

1. 1. sending a signed complaint letter to the correspondence address of Quicko (current addresses to which complaints can be submitted are available in the Quicko Portal),
2. via the Helpline

At the Customer’s request, Quicko will provide them with a receipt confirmation of the complaint.
During the complaint procedure, Quicko may ask for additional explanations or documents necessary to examine the complaint.
Quicko shall respond to the complaint without undue delay, however, not later than within 15 Business Days from the date of receipt of the complaint. In particularly complicated cases, preventing the complaint from being considered and answered within this period, it may be extended to 35 Business Days, after notifying the Customer in advance of the reason for the delay and the circumstances that must be determined in order to consider the case,
To comply with the deadlines referred to in item XII.7 of the Terms of Service, it is sufficient to send responses before their expiry, and in the case of answers given in writing – sending it through designated postal operator within the meaning of art. 3 item 13 of the Polish act of 23 November 2012 – Postal Law.
Quicko submits a response to the complaint:

in writing – by post to the address provided by the Customer in the complaint form,
by e-mail – to the e-mail address provided by the Customer in the complaint form – only at the express request of the Customer to receive the response in this way.

Complaints regarding unauthorised, not executed or improperly performed Transactions, shall be submitted by the Customer without undue delay (that is, as soon as possible in normal circumstances) after receiving the current Statement of Operations or providing information about the Transaction in the history of the Account in the Quicko System or after becoming aware of them in another way, but no later than within 13 months from the date of:

debiting of the payment account or from the date on which the transaction was to be executed,
execution of unauthorised or improperly executed payment transactions or from the date on which the payment transaction was to be executed – if the Customer does not use a payment account.

In the event of complaints of payment transactions made by unauthorised persons (e.g. theft, phishing, loss of a payment card), a written statement should be submitted describing the circumstances of unauthoriaed execution of the Transaction. In such a case, it is also recommended that the Customer submit the notification about the suspected commission of a crime to law enforcement authorities and attaches a document confirming the submission of such a report to the complaint.
The Customer should immediately report to Quicko the failure to receive information about Transactions in the manner specified in the Terms of Service.
Submitting a complaint does not release the Customer from the obligation to timely settle obligations towards Quicko.
In justified cases, Quicko performs conditional crediting of the Account for the time of considering the complaint. In the event of a negative consideration of the complaint or return of the Transaction amount to the Account made by the Payee, Quicko charges the Account the amount of conditional crediting previously made.
In the event that the Customer is not satisfied with the handling of the complaint by Quicko, they may file a complaint with the Financial Ombudsman.
The competent supervisory authority for Quicko is the Polish Financial Supervision Authority.
The competent authority for Quicko in the field of consumer protection is the Polish Office of Competition and Consumer Protection (UOKiK).
The Customer may lodge a complaint with the Polish Financial Supervision Authority against Quicko’s actions. Such a right is also granted to natural persons, legal persons and organizational units that are not legal persons, to whom the law grants legal capacity, whom the provision of payment services has been refused, and to consumer organizations.
A customer who is a consumer can ask for free legal assistance to the Municipal or District Consumer Ombudsmen
In the event of a dispute with a Customer who is a consumer, they may use out-of-court dispute resolution, including (i) mediation, (ii) arbitration, (iii) the activities of complaint committees. Detailed information on out-of-court dispute resolution methods is available on the UOKiK website at: https://polubowne.uokik.gov.pl/ under the phone number of the UOKiK Contact Point: 22 55 60 332 or 22 55 60 333, as well as via e-mail at: kontakt.adr@uokik.gov.pl
The entity competent for out-of-court settlement of the dispute arising from the agreement concluded between the Customer who is a natural person and Quicko is the Financial Ombudsman. Contact to the Financial Ombudsman and detailed information about the proceedings are available on the website www.rf.gov.pl under the phone number: 22 333 73 25, as well by e-mail at: biuro@rf.gov.pl

XIII. REFUND OF THE AUTHORISED AMOUNT

The Customer is entitled to demand from Quicko a refund of the amount of the Transaction that was authorised by the Customer and executed, if the following conditions are met:

a request for a refund of the amount of the authorised Transaction will be submitted within 8 weeks from the date of debiting the Account, and if it does not use the Account – from the date of execution of the Transaction,
at the time of Authorisation, the exact amount of the Transaction has not been determined,
the amount of the Transaction is higher than the amount that the Customer could have expected, taking into account the type and value of previous Transactions, the provisions of the Regulations and circumstances relevant to the case.

Quicko may request the Customer to present factual circumstances indicating the fulfillment of the conditions indicated in item XIII.1 of the Terms of Service, and the Customer may not invoke the reasons related to the exchange of currency if the reference exchange rate was used to determine the exchange rate in accordance with the Regulation.
The Value Date in relation to the crediting of the Account cannot be later than the date of debiting this amount.
Within 10 Business Days from the date of receipt of the request referred to in item XIII. 1 of the Terms of Service, Quicko will return the amount of the Transaction to the Account or provide a justification for refusing to return it, indicating the authorities with which the Customer may, in accordance with art. 15 UUP file a complaint if tget do not agree with the presented justification.
The Customer is not entitled to a refund of the amount of the Cashless Transaction in the event that:

they granted permission to execute the Transaction directly to Quicko,
the information about the future Transaction was provided to the Customer by Quicko or the Payee, respectively, in an agreed manner, at least four weeks before the date of execution of the order or was made available to the Customer by Quicko or the Payee, in an agreed manner, for a period of at least 4 weeks prior to the date of execution of the order.

XIV. TERMS AND CONDITIONS OF TERMINATION OF AGREEMENTS

§ 1 Withdrawal from the Framework Agreement and agreements concluded in its execution

The Customer has the right to withdraw, without stating reasons, from:

The Framework Agreement and all agreements concluded within it and on the basis of it,
Agreement for access to payment services using the Quicko System,
Agreement for opening and maintaining the payment account,
Card Agreements.

Withdrawal from Agreements for access to payment services using the Quicko System causes automatic termination of these agreements, the performance of which is possible only using the Quicko System, i.e. for opening and maintaining a payment account and the Card Agreement.
The deadline for withdrawal from the Agreement is for the Customer:

14 days from the date of its conclusion,
in the event of withdrawal from the Card Agreement – within 14 days of its conclusion, and if the Customer has not yet made any Card Transaction – additionally within 14 days from the date of issuing the Card to them for the first time.

Withdrawal from Agreements for opening and maintaining a payment account – causes automatic termination of the Card Agreement.
The deadlines referred to in item XIV.§1.3 of the Terms of Service shall be deemed to have been kept if a declaration has been sent before their expiry.
By submitting a declaration of withdrawal from the Agreement, the Customer may use an auxiliary model of a declaration of withdrawal from the Agreement, constituting the Annex No. 1 to the Framework Agreement.
The Customer may submit a statement of withdrawal from the Agreement:

in writing – by sending it to the correspondence address of Quicko (current addresses to which complaints can be submitted are available in the Quicko Website),
in writing – by sending it to the e-mail address kontakt@quicko.pl for users of the Quicko System or Partner’s Website.

The contract from which the Customer has withdrawn is considered void.
The Customer shall not bear the costs related to the withdrawal from the Agreements, except for:

payment for services performed until the withdrawal from the agreement, if their performance took place at the express request of the Customer before the expiry of the period referred to in item XIV.§1.3 letter a of the Terms of Service,
in the event of withdrawal from the Card Agreement – costs related to the issuance of the Card.

In the result of withdrawal from the Framework Agreement or the Card Agreement, the Card is blocked.
Within 30 days from the date of withdrawal, the Customer should:

withdraw the funds held in the Account or indicate the bank account for their transfer – otherwise, after the expiry of the notice period, Quicko will transfer the balance to an internal interest-free account;
repay the debt on the Account – otherwise the debt will become overdue.

§ 2 Termination of the Framework Agreement and agreements concluded in its execution

[Termination of the Framework Agreement and agreements concluded in its execution by the Customer]

The Customer may terminate the Framework Agreement or the agreements concluded in its execution at any time, with a 1-month notice period.
The notice period shall start on the day of arrival of the notice statement at Quicko.
If the Customer objects to changes in the Table of Fees and Commissions, on the terms indicated in the Framework Agreement, the Framework Agreement shall be terminated with immediate effect on the date of receipt of the objection by Quicko.
The notice of termination should be signed by the Individual Customer or a person/persons authorised to represent the Business Customer. In the event of justified doubts as to the authenticity of the signature under the notice of termination of the Agreements, Quicko may contact the Customer to confirm the fact of their termination.
The Customers may submit declarations of termination of the Framework Agreement or individual agreements concluded in its execution:

in writing – by sending them to the e-mail address kontakt@quicko.pl

Termination as a result of notice:

Agreements for access to payment services using the Quicko System – causes automatic termination of these agreements, the performance of which is possible only using the Quicko System, i.e. Agreements for opening and maintaining a payment account and a Card Agreement,
Agreements for opening and maintaining a payment account – causes automatic termination of the Card Agreement,

If the Framework Agreement is terminated by the Customer within 6 months from the date of its conclusion, Quicko has the right to charge a fee for termination of the Framework Agreement in the amount indicated in the Table of Fees and Commissions. This fee is equal to the costs incurred by Quicko in connection with the conclusion of the Framework Agreement.
Until the end of the notice period, the Customer should:

dispose of the funds in the Account, including by withdrawing them or indicating the bank account for their transfer by Quicko – otherwise, after the expiry of the notice period, Quicko will transfer the balance to an internal interest-free account;
repay the debt on the Account – otherwise the debt will become overdue.

[Termination of the Framework Agreement by Quicko]

Quicko may terminate the Framework Agreement or the agreements concluded pursuant to it at any time, with 2 months’ notice period. Upon expiration of the notice period, the account will be closed. If there is a negative balance, the Customer is obliged to cover the debit immediately. Any refund of the funds in the Customer’s account, after deducting any applicable fees, will be made to the bank account indicated by the Customer.
Quicko may terminate the Framework Agreement with immediate effect in the following cases (valid reasons for termination):

reasonable suspicion of forgery of the Card or its unauthorised or unlawful use,
reasonable suspicion that funds from illegal or undisclosed sources are being marketed with use of the Account,
reasonable suspicion that the Account, Card or Quicko System made available to the Customer are being used contrary to their intended purpose, applicable law or the Quicko Terms of Service,
failure to repay the Overdue Debt existing on the Account, despite Quicko’s calling the Customer to repay it within not less than 7 days,
provision by the Customer in the Application, or when concluding the Framework Agreement data or information that is untrue or outdated, which influenced the decision of Quicko to conclude the Agreement with them, in particular in the scope of data affecting the assessment of the risk related to the conclusion of the Framework Agreement with the Customer,
the Customer’s use of outdated, counterfeit or altered documents in the process of concluding and executing the Framework Agreement or agreements concluded during its execution,
inactivity on the Account for a period of 24 months,
cessation of business activity by the Business Customer,
in other cases provided for by law.
in the event that Quicko is unable to apply even one of the financial security measures referred to in Article 34, paragraph 1 of the AML/CFT Act of March 1, 2018, use of the Account in violation of the law or its intended use, and the Customer makes false statements or false documents in this regard,Quicko shall deliver a statement of termination of the Framework Agreement to the Customer by sending the statement in writing to the Customer’s email address as provided in the Framework Agreement by the Customer. The termination period begins to run from the date of delivery of the statement to the Customer. In the statement, Quicko will indicate to the Customer the reason for termination.By the end of the notice period indicated in clause 9 of this paragraph or within 7 days of the delivery of the notice indicated in clause 10 of this paragraph, the Customer shall:dispose of the funds in the Account, including by withdrawing them or indicating the bank account for their transfer by Quicko – otherwise, after the expiry of the notice period, Quicko will transfer the balance to an internal interest-free account;
repay the debt on the Account – otherwise the debt will become overdue.

Regardless of the termination, the Customer is responsible for the performance of all obligations arising during the term of the Framework Agreement and agreements concluded in its performance.

§ 3 Other cases of termination of the Agreements

The Parties may at any time terminate the Framework Agreement and the agreements concluded in its performance on the basis of a mutual agreement of the Parties, with immediate effect or on the expiry of the date indicated in the content of the termination agreement. The terms of withdrawal of funds from the Account shall be specified in the termination agreement.
The Framework Agreement expires upon the death of an Individual Customer, and in the case of other Customer – with the loss of their legal existence. Quicko provides information about the funds accumulated in the Account after presenting a final confirmation of the acquisition of the inheritance from the Customer or an inheritance certificate to the person indicated in these documents as the heir.

XV. MODE FOR CHANGE OF REGULATIONS

[Change of Regulations]

Quicko reserves the right to make changes to the Table of Fees and Commissions in the cases indicated in the Framework Agreement.
Quicko reserves the right to change the Quicko Terms of Service for the following important reasons:

there are new regulations introduced or there will be a change in the law affecting the mutual rights and obligations of the parties resulting from the Agreements concluded with the Customer,
issue of decisions, recommendations, indications, good practices or other documents affecting the mutual rights and obligations of the parties resulting from the Agreements concluded with the Customer,
issue of administrative decisions or court rulings affecting the rights and obligations of the parties resulting from the Agreements concluded with the Customer,
there will be a change in the scope or manner of providing services to which the Quicko Terms of Service apply, including by withdrawing or changing existing services or introducing new services – in which case the Customer will not be obliged to use them and incur related fees, unless they agree to do so,
the services to which the Terms of Service apply will be adapted to market conditions in connection with technological progress, it will be necessary to clarify the provisions of the Quicko Terms of Service.

[Notification of Regulatory Changes]

Quicko notifies the Customers about the planned changes in the Terms of Service relating to the services provided to the Customer by sending the amended text of the Terms of Service:

to the Customer’s email address or via the Quicko System or directly to the Customer’s e-mail address specified in the Framework Agreement.

Quicko notifies Customers about planned changes in the Terms of Service no later than 2 months before the date of their entry into force.
Before the changes in the Terms of Service come into force, the Customer has the right to:

terminate the Framework Agreement without paying fees with effect from the date of notification of the Customer about the planned change in the Terms of Service, but not later than from the date on which these changes would be applied,
object to the proposed changes without notice – in this case, the Framework Agreement concluded with the Customer will expire with effect from the day preceding the date of entry into force of the changes in the Terms of Service, without fees charged.

If the Customer does not object to the changes in the Terms of Service before the date of their entry into force, they shall be deemed to have consented to them.
To the form of the Customer’s statements regarding the objection to changes in the Terms of Service, the rules set out for terminating the Agreements indicated in item XIV of the Quicko Terms of Service shall apply.

[Changes in the Terms of Service that do not require the conclusion of an annex]

Changes made by Quicko in the scope of:

introduction of new products or services,
changes to the Table of Fees and Commissions,
amendments to the Terms of Service introduced in accordance with item XV of the Terms of Services,
Issue of a new Card in place of a cancelled one

– do not require signing an annex to the Agreements.

XVI. FINAL PROVISIONS

[Communication]

Quicko contacts the Customer at the correspondence addresses provided or known to Quicko, e-mail addresses, and telephone numbers.
The Customer is obliged to notify Quicko about:

each change of contact details,
any change in the data provided by them in order to properly perform the Agreements.

Information on the change of data should be provided to Quicko in writing or by the Quicko System.
The Customer can communicate with Quicko using:

by e-mail at kontakt@quicko.pl
in writing to the following address: Quicko Sp. z o.o. ul. Sienkiewicza 49, 42-600 Tarnowskie Góry, Poland.

[Safe Customer notification procedure]

In the event of fraud, suspected fraud or security threats, Quicko shall immediately notify the Customer about this fact through available communication channels
If telephone contact is impossible or it proves impossible to verify the Customer’s identity by phone, Quicko shall notify the Customer in writing by registered mail to the correspondence address indicated by the Customer.

[Other provisions]

Any disputes between Quicko and the Customer shall be settled by the court competent for the registered office of Quicko.
In matters not covered by the Quicko Terms of Service, generally applicable provisions of Polish law shall apply.

Appendix 1 Framework Agreement

Framework agreement for opening and keeping a payment account, for payment card and access to payment services using the _name of the application/address of the web service_

concluded between

Quicko spółka z ograniczoną odpowiedzialnością with its registered office at ul. Sienkiewicza 49, 42-600 Tarnowskie Góry Registered by the 10th Commercial Department of the National Court Register at the District Court [Pol. “Sąd Rejonowy”] in Gliwice, KRS number 0000350151 and NIP number: 5213540295. Holding the legal status of a National Payment Institution, UKNF Register: IP52/2021,

hereinafter referred to as ‘ Quicko ‘

and

User of the _name of the application/address of the web service_

hereinafter referred to as the “Customer”

hereinafter jointly referred to as the “Parties”

1. GENERAL PROVISIONS RELATING TO THE FRAMEWORK AGREEMENT

§ 1. Subject and conclusion of the Framework Agreement

In accordance with the terms and conditions set out in the present agreement (hereinafter: “Framework Agreement”), Quicko shall make available and provide payment services to the Customer, including:

access to payment services using the _name of the application/address of the web service_ (hereinafter: “Partner’s Service”),
opening and keeping a payment account or payment accounts in _currency/currencies_ (hereinafter: ” Account”),
issuing and handling payment cards, including in the form of payment bands.

The scope of payment services provided by Quicko to the Customer may be modified by the Parties during the term of the Framework Agreement, subject to the terms described in the present document and in the Quicko Terms of Service.
Under this Framework Agreement, Quicko may also provide the Customer with other products or services, in accordance with the applicable Quicko offer available in the Partner’s Service.
The Customer declares that at the conclusion of this Framework Agreement it acts as a consumer and concludes it for purposes not directly related to their business or professional activity.
The Framework Agreement is concluded at the request of the Customer, submitted via the Partner’s Service.
The positive verification of the Customer, to the extent required by the anti-money laundering and anti-terrorist financing (AML) regulations, with use of a video verification system, and subject to the Quicko Terms of Services, constitutes the precondition for conclusion of the Framework Agreement. Verification takes place through the Partner’s Service.
Quicko notifies the Customer about the result of their verification through the Partner’s Service, via e-mail or other communication channel provided by Quicko and used by the Customer to submit an application for the conclusion of the Framework Agreement.
The date of conclusion of the Framework Agreement is the date of submission by the Customer of the declaration of will to conclude the Framework Agreement, i.e. confirmation of this template of the Framework Agreement by a Customer, who has been previously positively verified by Quicko. The template of the Framework Agreement is confirmed by accepting it in the Partner’s Service.
The present Framework Agreement is concluded for an indefinite term.

§ 2. Documents related to the Framework Agreement

1. Prior to the conclusion of the present Framework Agreement, with sufficient lead time, Quicko provided the Customer, in electronic form, with the possibility of saving .pdf files on the Customer’s device, with documents constituting an integral part thereof, i.e.:

a) Table of Fees and Commissions,

b) Quicko Terms of Services,

1. The Customer declares that prior to the conclusion of the Framework Agreement, they have read these provisions and accepts their content and undertakes to comply with them.
2. Before concluding this Agreement, Quicko provided the Customer with a Document regarding fees and containing information including explanations of the terms contained in the list of representative services referred to in art. 20a s. 1 and 2 of the Act on Payment Services of 19 August 2011. At the Customer’s request submitted during the term of the Agreement, Quicko shall make this document available to them in paper form or on another durable medium.
3. Quicko shall notify the Customer about changes in the Framework Agreement, other agreements concluded with the Customer, the Table of Fees and Commissions and the Quicko Terms of Services via the Partner’s Service on a durable medium, or in an e-mail message sent to the Customer’s e-mail address provided at the conclusion of the Framework Agreement (subject to subsequent changes) and within the deadlines specified in the Quicko Terms of Services, which the Customer hereby accepts.
4. Immediately after the conclusion of the Framework Agreement, Quicko shall make its content available to the Customer on a durable medium using the Partner’s Service or in an e-mail message sent to the Customer’s the e-mail address provided at the conclusion of the Framework Agreement.
5. All terms used in the present Framework Agreement shall have the meaning given to them in the Quicko Terms of Service.

§ 3. Representations of the Parties and other contractual provisions

Together with the conclusion of the Framework Agreement, the Parties conclude:
1. Agreement for access to payment services using the Partner’s Service,
2. Agreement for opening and keeping a payment account,
3. Payment card agreement.
After concluding the Framework Agreement, the Customer has the option to change or select additional products or services provided by Quicko using the Partner’s Service, subject to the terms indicated in the Quicko Terms of Service.
Quicko shall be liable to the Customer for the damage incurred resulting from Quicko’s failure to perform or improper performance of its obligations under the Framework Agreement and other agreements concluded with the Customer, on the terms specified in the Quicko Terms of Service.
The Customer has the right to submit complaints and claims regarding the services provided by Quicko on the terms set out in the Quicko Terms of Service.
The Customer has the right to use out-of-court dispute resolution procedures, including:
1. before the Financial Ombudsman on the terms set out in the Act of 5 August 2015 on the recognition of complaints by financial market entities and on the Financial Ombudsman (detailed information can be found at www.rf.gov.pl),
2. in front an arbitration court acting at the Polish Financial Supervision Authority (detailed information is available at ww.knf.gov.pl).
The competent supervisory authority for Quicko is the Polish Financial Supervision Authority.
The President of the Office for Competition and Consumer Protection is the competent supervisory authority for Quicko in matters of consumer protection.
Any changes to the content of the Framework Agreement and other agreements concluded by the Parties, except for the situations specified in detail in the Quicko Terms of Service or in the content of these agreements, require the maintenance of the form of an annex concluded: (i) in an electronic form using the Partner’s Service or via e-mail sent to the Customer’s e-mail address provided at the conclusion of the Framework Agreement (subject to later changes) or (ii) in writing.
The Customer undertakes to immediately notify Quicko about the change of the data indicated in this Framework Agreement, including address and contact details.
In matters that are not covered by the Framework Agreement and other agreements concluded by the Parties, the Quicko Terms of Service and the Table of Fees and Commissions, the relevant provisions generally applicable law shall apply.
The language applicable to Quicko’s relations with the Customer is Polish or English (at the Customer’s choice).
The law applicable to the conclusion and performance of the Framework Agreement and other agreements concluded by the Parties is the law of the Republic of Poland.
The court competent for settling disputes arising in connection with the implementation of this Agreement shall be the court of general jurisdiction.
Quicko has the right to transfer (sell) the receivables resulting from the Framework Agreement to third parties.

§ 4. Fees and commissions

Quicko collects fees and commissions for the performance of activities resulting from agreements concluded with the Customer or related to their service, subject to the terms and in the amounts indicated in the Table of Fees and Commissions.
Quicko will collect the due fees and commissions from the Account in cashless form, on the last day of the month (applies to the fee for keeping the respective account and other fees or commissions charged monthly) or on the date of execution of the instruction (in other cases).
The Customer irrevocably authorizes Quicko to debit the PLN Account and/or the Currency Account with commissions and fees due to Quicko on their due dates, without the need to obtain the Customer’s prior consent to debit the Account.
Quicko reserves the right to make changes to the Table of Fees and Commissions only in the situations indicated in the present paragraph, in the manner indicated in the Quicko Terms of Service. Quicko can:

1) proportionally increase the amount specified in the Table of Fees and Commissions of the fee or commission during the term of the Framework Agreement if:

a) the NBP reference interest rate will increase by at least 2% of the value of this indicator on an annual basis compared to the corresponding period of the previous year,

b) there will be an increase in prices and consumer services by no less than 0.5% compared to the previous one announced in the same period (annual), determined on the basis of the quarterly index of prices and consumer services published by the STATISTICS POLAND (colloquially: inflation), – whereas Quicko may exercise the right to change the Table of Fees and Commissions at the latest within one month from the date of publication of the index constituting the basis for such a change and not more frequently than once per calendar quarter,

2) reduce the amount of the fee or commission specified in the Table of Fees and Commissions, due to a change in competitiveness in the financial services market,

3) introduce a new fee or commission into the Table of Fees and Commissions for a new service or product or a new functionality of an existing service or product, provided that the Customer will not be obliged to use such new service or product or a new functionality of an existing service or product, that by default such new service, product or functionality will be inactive for the Customer (without the obligation to pay any fee or commission) and that the Customer’s failure to use such new service or product or a new functionality of an existing service or product will not limit the rights or increase the Customer’s obligations under the Framework Agreement and other agreements concluded by the Parties,

4) make changes to the Table of Fees and Commissions in the case of:

a) the need to adapt the wording of the Table of Fees and Commissions to the requirements resulting from decisions or recommendations of supervisory authorities, consumer protection authorities or court decisions,

b) introduction of new laws or amendment of existing laws affecting Quicko’s rules for the provision of services – to the extent necessary to adapt the Table of Fees and Commissions to the aforementioned requirements or regulations.

§ 5. Withdrawal from the Framework Agreement and termination of the Framework Agreement

1. 1. The Customer has the right to withdraw from the Framework Agreement, without stating a reason for withdrawal, by submitting an appropriate statement within 14 days from the date of conclusion of the Framework Agreement. For this purpose, the Customer may use the template of the statement attached to the Framework Agreement, which was issued to them before its conclusion.
  2. Withdrawal from the Framework Agreement does not entail any costs for the Customer, however, if the Customer has agreed to the commencement of the provision of services by Quicko before the expiry of the deadline for withdrawal from the agreement referred to in § 5 s. 1 above, Quicko may demand payment of fees and commissions for the services actually performed, in accordance with the Table of Fees and Commissions.
  3. The Customer has the right to terminate the Framework Agreement at any time with a 1-month notice period. Written termination of the Framework Agreement by the Customer shall be deemed effective upon delivery of a statement in this respect to Quicko.
  4. If the Framework Agreement is terminated by the Customer within 6 months from the date of its conclusion, Quicko has the right to charge a fee for termination of the Framework Agreement in the amount indicated in the Quicko Terms of Service.
  5. Quicko may terminate the present Framework Agreement only for important reasons, subject to the terms and conditions set out in the Quicko Terms of Service, with a 2-month notice period.
  6. On the date of termination of the Framework Agreement, the related agreements concluded by the Parties shall also be terminated, including the agreement on opening and maintaining a payment account, the agreement on access to payment services using the Partner’s Service and the payment card agreement. Within 30 days from this date, the Customer is obliged to collect funds remaining on the PLN Account or the Currency Account or otherwise dispose of them and cover any outstanding fees and commissions.
  7. The Framework Agreement shall expire in the event of death of the Customer, unless a succession manager has been appointed, in accordance with the Act of 5 July 2018 on the succession managers of enterprise of a natural person and other facilitations related to the succession of enterprises. The Customer’s funds are paid on the terms specified in the Quicko Terms of Service.

1. AGREEMENT ON ACCESS TO PAYMENT SERVICES USING THE PARTNER’S SERVICE

§ 6. General provisions

1. 1. Quicko provides the Customer with access to the Partner’s Service, which allows the Customer to access the Accounts and Currency Accounts and to dispose of the funds accumulated on them, as well as access to other services provided by Quicko on the basis of agreements concluded with the Customer, the performance of which takes place through the Partner’s Service, including submitting declarations related to the performance of the Framework Agreement and concluded in its performance. Quicko undertakes to open and maintain for the Customer an Account with a unique identifier, which is accessed through the Customer Panel or Partner Service
  2. Detailed scope of currently available functionalities of the Partner’s Service can be found in the Partner’s Service.
  3. The minimum technical requirements one must meet to use the Partner’s Service are specified in the Quicko Terms of Service.
  4. Quicko reserves the right to carry out maintenance and modernization works of the Partner’s Service, which may result in temporary unavailability of services provided under the present agreement.
  5. Quicko charges fees and commissions for the services provided to the Customer under the present Agreement, in accordance with the Table of Fees and Commissions.
  6. The Agreement on access to payment services using the Partner’s Service is concluded for an indefinite period of time and shall enter into force on the date of activation of the service.
  7. Withdrawal and termination upon termination of the agreement on access to payment services using the Partner’s Service takes place for the reasons and in the manner indicated in the Quicko Terms of Service and separately, always with the termination of the Framework Agreement.
  8. Termination of the agreement on access to payment services using the Partner’s Service results in automatic termination of these agreements, the performance of which is possible only using the Partner’s Service – including the agreement on opening and keeping a payment account and the Payment card agreement.

§ 7. Using the Partner’s Service

In order to access payment services using the Partner’s Service, the Customer must download and install the mobile application on their device or use the dedicated website. The mobile application is available at: http://www ______________ and the website at: http://www ______________.
The Customer accesses the Partner’s Service using an individual password and login, delivered via e-mail address and telephone number.
Access to the Partner’s Service is activated using the Customer’s phone number.
Detailed rules for the identification of the Customer and authorization of instructions commissioned by them in the Partner’s Service are set out in the Quicko Terms of Service. Acceptance of the Customer’s disposition is confirmed in the Partner’s Service.
The Customer undertakes to check the correctness of the instructions ordered using the Partner’s Service on an ongoing basis.
With the use of the Partner’s Service, or by an e-mail message sent to the Customer’s e-mail address provided at the conclusion of the Framework Agreement (subject to later changes) or in writing, the Parties may make statements regarding the concluded agreements, including concluding annexes to the agreements, introducing changes to the Regulations and the Table of Fees and Commissions.
The Customer’s submission of declarations of will using the Partner’s Service will be authorized by providing the Customer’s login and password and the code sent in the form of an e-mail or text message to the Customer’s phone number provided at the conclusion of the Framework Agreement.
The Parties agree that Quicko’s communication and correspondence addressed to the Customer regarding the Framework Agreement and other agreements concluded with the Customer shall take place through the Partner’s Service or via e-mail sent to the Customer’s e-mail address provided at the conclusion of the Framework Agreement (subject to later changes) or in writing to the address for delivery/address of the Customer’s registered office, unless the provisions of these agreements or the provisions of generally applicable law require the delivery of correspondence in a different manner.
Quicko executes orders and payment transactions ordered by the Customer using the Partner’s Service subject to the terms, and in the manner described in the Quicko Terms of Service.
Deadlines for receiving and executing orders and payment transactions are set out in the Quicko Terms of Service.

§ 8. Safety principles for using the Partner’s Service

The Customer is obliged to observe the security principles related to the use of the Partner’s Service, as described in detail in the Quicko Terms of Service.
The Customer is obliged to keep the authentication data for the Partner’s Service, including login and password in safe from third party access, and the Customer is responsible for any consequences resulting from failure to comply with this obligation.
The Customer is obliged to protect the devices (e.g. computer, mobile phone, mobile device) with which they access the Partner’s Service and is obliged to protect them against malware or unauthorized access.
Quicko reserves the right to temporarily suspend Customer’s access to the Partner’s Service for security reasons in the event of a reasonable suspicion of unlawful (including unauthorized) use of the Partner’s Service.

1. AGREEMENT FOR THE OPENING AND KEEPING OF A PAYMENT ACCOUNT

§ 9. Subject and term of the agreement

1. 1. Quicko undertakes to open and maintain for the Customer an Account with a unique identifier, which the Customer accesses through the Customer Panel or Partner’s Website immediately after the conclusion of this Agreement, Quicko shall provide the Customer with information about the Account currency selected by the Customer using the Partner’s Service.
  2. As part of this Agreement, Quicko undertakes to store the Customer’s funds collected on the Accounts and to execute the Customer’s instructions, including direct debits and transfers subject to the terms specified in the Quicko Terms of Service.
  3. Quicko provides the Customer in particular with the following services in particular:

a) payment of funds to the Account,

b) withdrawal of funds from the Account,

c) direct debits, including one-off direct debits,

d) credit transfers, including SEPA credit transfers, e) transfer orders in a foreign currency,

f) foreign transfer orders,

g) internal transfer orders (between the Customer’s accounts).

1. 1. Up-to-date information on the services provided by Quicko in connection with the opening and keeping of the Account is available in the Partner’s Service.
  2. The funds accumulated in the Accounts are free of interest.
  3. The accounts shall be kept as individual accounts.
  4. The Customer can dispose of funds in the Accounts up to the amount of available funds.
  5. The Customer accesses the Accounts using the Partner’s Service.
  6. The instructions for performing operations on the Accounts using the Partner’s Service are submitted by the Customer subject to the terms specified in the Quicko Terms of Service.
  7. Quicko executes payment transactions within the deadlines and on the terms specified in the Quicko Terms of Service. Quicko shall be liable for failure to perform or improper performance of a payment transaction in accordance with the principles set out in the Quicko Terms of Service.
  8. Quicko charges fees and commissions for the services provided to the Customer under the present Agreement, in accordance with the Table of Fees and Commissions.
  9. The agreement for the opening and keeping of a payment account shall be concluded for an indefinite period of time.
  10. The Customer has the right to withdraw from the Agreement on opening and keeping a payment account without stating a reason for this withdrawal, by submitting an appropriate statement within 14 days from the date of conclusion of the present Agreement. For this purpose, the Customer may use the template of the statement attached to the Framework Agreement, which was handed over to them before its conclusion.
  11. Withdrawal from the Agreement on opening and keeping a payment account does not entail any costs for the Customer, however, if thay have agreed to the commencement of services by Quicko before the expiry of the deadline for withdrawal from this Agreement referred to in § 9 s. 14 above, Quicko may demand payment of fees and commissions for the services actually performed, in accordance with the Table of Fees and Commissions.
  12. Termination of the Agreement for the opening and operation of a payment account shall take place for the reasons and in the manner indicated in the Quicko Terms of Services and separately, always with the withdrawal and termination of the Framework Agreement.

§ 10. Account Statement

Once a month, at the customer’s request, Quicko prepares and makes available to the Customer an Account Statement, including the current balance, until 30 of each month (in the case of months that have less than 30 days – until the last day of that month).
At the request of the Customer, Quicko shall also make the Account Statement available to the Customer a) by e-mail to the e-mail address indicated by the Customer (free of charge), b) by ordinary letter to the correspondence address indicated by the Customer (the first statement during a given year of the Agreement is free of charge, for subsequent ones a fee is charged in accordance with the Table of Fees and Commissions).
The rules for preparing the Statement and its content are set out in the Quicko Terms of Service.

1. PAYMENT CARD AGREEMENT

§ 11. Subject of the payment card agreement

1. 1. At the request of the Customer, Quicko issues a payment card connected with the Account (hereinafter: “Card”)
  2. The Customer submits an application for the Card at the conclusion of the Framework Agreement or during its term, by submitting an instruction in the Partner’s Service. The positive verification of the Customer on the terms set out in Quicko Terms of Service is prerequisite for the conclusion of the payment card agreement.
  3. Detailed rules for issuing and servicing the Card, including the manner and date of its delivery and activation by the Customer, orders and settlement of transactions, as well as the types and functionality of individual Cards are set out in the Quicko Terms of Services.
  4. In the case of ordering the Card in physical form, the Card will be delivered to the Customer to the indicated correspondence address in Poland. The Customer will receive the PIN through a separate communication channel.
  5. The PIN may be changed with use of the Partner’s Service.
  6. The daily limits of Card transactions performed are specified in the Quicko Terms of Service. The Customer has the option to change these limits using the Partner’s Service.
  7. Quicko charges fees and commissions for the services provided to the Customer under this agreement in accordance with the Table of Fees and Commissions.
  8. The agreement is concluded for an indefinite period of time, with the exception of issuing of the non-renewable payment card agreement, which is concluded for a definite period of time until the last day of the Card’s validity (the last day of the month indicated on the card).
  9. The Customer receives a list of operations performed with the Card as part of the Account Statement, on the terms indicated in § 10 and the Quicko Terms of Service.
  10. The Customer may withdraw from this agreement to the extent that it covers the issuance of the Card within 14 days from the date of first receipt of the Card under this Agreement if they have not executed any payment transaction using this Card. In this case, Quicko shall reimburse the Customer the amount of fees incurred and may charge the Customer with the costs related to the issuance of the payment card to the extent provided for in the Quicko Terms of Service.
  11. Termination upon termination of the payment card agreement shall be for the reasons and in the manner indicated in the Quicko Terms of Service and separately, always with the termination by notice of the Framework Agreement.

§12. Rules of liability and safety related to the use of the Card

Quicko shall be liable for damages resulting from an unauthorized, non-executed or improperly executed payment transaction using the Card on the terms specified in the Quicko Terms of Service.
The Customer is obliged to immediately report loss or destruction of the Card to Quicko.
Quicko has the right to block or reserve the Card in the case of:

a) occurrence of a justified reason related to the safety of trading carried out using the Card – including the possibility of third parties gaining possession of the Card data,

b) suspected unauthorized use of the Card, including Card data,

c) suspicion of deliberately leading to an unauthorised transaction,

d) in other cases indicated in the Quicko Terms of Service.

The Customer is obliged to:

a) store the Card and authentication data in a way that prevents its loss or accidental disclosure, refrain from sharing the Card and Card data with other people, unless it is required to make a card transaction or block the Card,

b) use the Card in accordance with its intended use,

c) promptly notify Quicko of any loss, theft, misappropriation of the Card or Card data, unauthorized use of the Card, unauthorized access to the Card.

Attachment 1 – template of the Framework Agreement withdrawal statement

Customer Data

Full name:

Residence address:

PESEL:

Addressee: Quicko sp. z o.o.

ul. Sienkiewicza 49

42-600 Tarnowskie Góry

STATEMENT

on withdrawal from the Framework Agreement

I, the undersigned, hereby withdraw from the Framework Agreement for the opening and operation of a payment account, for a payment card and for access to the payment application no. ____________________________dated ____________________________concluded with Quicko sp. z o.o. to the following extent (please mark the selected option with an X):

__________ All agreements concluded under and on the basis of the Framework Agreement,

__________ Agreement for access to payment services using the Partner’s Service,

__________ Agreement for opening and keeping the payment account no._________________

__________ Payment card agreement No.___________________

_______________________________

Full name, date

Note for the Customer: The Customer has the right to withdraw from the present agreement within 14 days without stating any reason. The deadline to withdraw from the agreement expires after 14 days from the date of conclusion thereof. Statement of withdrawal may be submitted on this template form, but it is only ancillary. In order to meet the deadline for withdrawal from the agreement, the Customer should provide Quicko with information regarding the exercise of the right of withdrawal before the deadline for withdrawal from the agreement expires. In the event of withdrawal, the agreement to which the withdrawal has been submitted shall be deemed not to have been concluded.

Framework agreement for operating a payment account no NO/DD/MM/YYYY

Concluded on DD.MM.YYYY between the parties:

Name of the entity: Quicko Sp. z o.o.

Registered office address: Sienkiewicza 49, 42-600 Tarnowskie Góry, Poland

Phone number: +48690895208

Registration court: Sąd Rejonowy w Gliwicach

Division of the Court: X Wydział Gospodarczy Krajowego Rejestru Sądowego

Share capital: PLN 764 750,00

KRS: 0000350151

NIP: 5213540295

REGON: 142004870

UKNF Register: IP52/2021

Legal status: National Payment Institution

Hereinafter referred to as: “Quicko“

and

Name of the entity:

Registered office address:

Share capital:

KRS:

NIP:

REGON:

Represented by:

E-mail address:

Hereinafter referred to as: “Customer“

Together as: “Parties“

GENERAL PROVISIONS ON THE FRAMEWORK AGREEMENT

§ 1. Subject and conclusion of the Framework Agreement

Under the terms of this agreement (hereinafter: “Framework Agreement”), Quicko provides payment services to the Customer, including (tick the appropriate boxes):

access to an online transaction platform enabling the use of payment services (hereinafter: “Customer Panel” available via _name of the mobile application/address of the web service_, hereinafter: “Partner’s Service”),

opening and maintaining a payment account in EUR (hereinafter: “Account”),

opening and maintaining an auxiliary payment account in PLN,

opening and maintaining an auxiliary payment account in USD,

issuing and processing payment cards,

other products or services in accordance with the current Quicko offer.

The Parties may agree that instead of or simultaneously with the Customer Panel, electronic access to Quicko payment services will take place by integrating the Customer’s IT system with the Quicko System (API). In this case, the provisions of the Framework Agreement regarding the Customer Panel shall apply accordingly.
The Framework Agreement is concluded at the Customer’s request, submitted via the Quicko Customer Panel or other communication channel provided by Quicko. It is also possible to conclude the Framework Agreement outside the Customer Panel and register the Customer’s profile after its conclusion.
The condition for concluding the Framework Agreement is prior positive verification of the Customer to the extent required by the provisions on counteracting money laundering and terrorist financing (AML) and verification of its financial condition – on the principles set out in the Quicko Terms and Conditions.
The date of conclusion of the Framework Agreement is the day on which Quicko issued a positive decision regarding the Customer’s verification and informed the Customer about it. Quicko informs the Customer about the conclusion of the Framework Agreement or refusal to conclude it via the Customer Panel, via email or other communication channel provided by Quicko and used by the Customer to request the Framework Agreement.
The Framework Agreement is concluded for an indefinite period.

§ 2. Documents related to the Agreement

1. 1. 1. Before concluding this Framework Agreement, Quicko provided the Customer in electronic form with the option of recording on a durable medium, documents being its integral part, i.e.

a) Table of Fees and Commissions,

b) Quicko Terms and Conditions.

1. 1. 1. All terms used in the Framework Agreement have the meaning given to them in the Quicko Terms and Conditions.
    2. The Customer declares that prior to the conclusion of the Framework Agreement he received on a durable medium the Terms and Conditions of Quicko Services together with the Table of Fees and Commissions containing rates of fees and commissions for activities that can be performed in connection with the conclusion and performance of the Framework Agreement and other agreements concluded with Quicko, he has read their records and accepts their content and undertakes to comply with their provisions.
    3. Quicko will inform the Customer about changes to the Framework Agreement, other agreements concluded with the Customer, the Table of Fees and Commissions as well as the Terms and Conditions of Quicko Services via the Customer Panel or in an e-mail message sent to the Customer’s e-mail address provided at the conclusion of the Framework Agreement (subject to subsequent changes) or in writing to the delivery address/address of the Customer’s registered office , in a timely manner and within the dates specified in detail in the Terms and Conditions of Quicko Services, which the Customer hereby accepts.
    4. Immediately after the conclusion of the Framework Agreement, Quicko will make its content available to the Customer on a durable medium using the Customer Panel or via the email address provided at the conclusion of the Framework Agreement.

§ 3. Statements of the Parties and other contractual provisions

1. 1. 1. 1. Together with the conclusion of the Framework Agreement, the Parties include (tick the appropriate boxes):

Agreement for access to the Customer Panel,

Agreement for opening and operating a payment account,

Payment card agreement.

1. 1. 1. 1. After concluding the Framework Agreement, the Customer may change or select additional products or services provided by Quicko in the Customer Panel, on the principles set out in the Terms and Conditions of Quicko Services.
        The Customer and Quicko declare that in matters regulated and expressly unregulated in this Framework Agreement, pursuant to art. 16 and art. 33 of the Act of 19 August 2011 on payment services (hereinafter “UPP”), exclude the application of the relevant provisions of this Act to the fullest extent permitted by it.
        Quicko shall be liable to the Customer for any damage resulting from the non-performance or improper performance by Quicko of obligations under the Framework Agreement, excluding any benefits lost by the Customer.
        The Customer has the right to lodge complaints regarding services provided by Quicko on the terms set out in the Quicko Terms and Conditions.
        The competent supervisory authority for Quicko is the Polish Financial Supervision Authority.
        Any changes in the content of the Framework Agreement and other agreements concluded by the Parties, except for the situations specified in detail in the Terms and Conditions of Quicko Services or in the content of these agreements, require the form of an annex contained:

1. 1. in electronic form via the Customer Panel or via e-mail sent to the Customer’s e-mail address provided at the conclusion of the Framework Agreement (subject to later changes) or
  2. in writing.

1. 1. 1. 1. The Customer undertakes to immediately inform Quicko of any changes to the data indicated in this Framework Agreement, including address and contact details, form of business, name and persons authorized to represent it.
        The Customer who is a natural person undertakes to immediately inform Quicko of the cessation of business activity.
        In matters not covered by the Framework Agreement and other agreements concluded by the Parties, the Terms and Conditions of Quicko Services and the Tariff, the relevant generally applicable law shall apply.
        The language of Quicko’s relationship with the Customer is Polish or English.
        The law applicable to the conclusion and performance of the Framework Agreement and other agreements concluded by the Parties is Polish law.
        All disputes related to the conclusion and implementation of this Framework Agreement and other agreements concluded by the Parties shall be settled by a court having jurisdiction over the Quicko seat.
        Quicko has the right to transfer (sell) the claims arising from the Framework Agreement to third parties.

§ 4. Fees and Commissions

1. 1. 1. Quicko charges fees and commissions for performing activities arising from agreements concluded with the Customer or related to their service, on the terms and amounts indicated in the Table of Fees and Commissions.
    2. Quicko will collect all fees and commissions due from the Account without cash on the last day of the month (applies to the fee for maintaining this Account) or on the day of carrying out the instruction (in other cases).
    3. The Customer irrevocably authorizes Quicko to debit the Account or ancillary accounts for commissions and fees due to Quicko as they fall due, without the Customer’s prior consent to debit the Account or auxiliary account.
    4. Quicko reserves the right to amend the Table of Fees and Commissions only in the situations specified in this section, in the mode indicated in the Quicko Terms and Conditions. Quicko can:

1. 1. 1. 1. proportionally increase the amount of the fee or commission specified in the Table of Fees and Commissions during the term of the Framework Agreement, if:

a) the NBP reference interest rate will increase by at least 2% of the value of this indicator on an annual basis compared to the same period of the previous year,

b) consumer prices and services will increase by not less than 0.5% compared to the one previously announced in the same period (annual), determined on the basis of the quarterly index of consumer prices and services published by the Central Statistical Office (colloquially: inflation), – however, Quicko may exercise the right to change the Table of Fees and Commissions at the latest within one month from the date of publication of the indicator constituting the basis for such a change and not more frequently than once every calendar quarter,

1. 1. 1. 1. reduce the amount of the fee or commission specified in the Table of Fees and Commissions, due to the change in competitiveness on the financial services market,
      2. enter in the Table of Fees and Commissions a new fee or commission regarding a new service or product or new functionality of an existing service or product, provided that the Customer will not be required to use such a new service or product or new functionality of an existing service or product that by default such a new service, product or functionality will be inactive for the Customer (without the obligation to pay any fee or commission) and that the Customer’s failure to use such a new service or product or new functionality of the existing service or product will not limit the rights or increase the Customer’s obligations under the Framework Agreement and other agreements concluded by the Parties,
      3. make changes in the Table of Fees and Commissions in the case of:

a) the need to adapt the wording of the Table of Fees and Commissions to the requirements arising from decisions or recommendations of supervisory authorities, consumer protection authorities or court judgments,

b) introduction of new legal Terms and Conditions or changes to existing Terms and Conditions affecting the principles of providing services by Quicko – to the extent necessary to adapt the Table of Fees and Commissions to the above-mentioned requirements or Terms and Conditions.

§ 5. Withdrawal from the Framework Agreement and termination of the Framework Agreement

1. 1. 1. The Customer has the right to terminate the Framework Agreement in writing at any time with one month’s notice. The written termination of the Framework Agreement by the Customer shall be considered effective upon delivery of Quicko’s statement in this regard.
    2. If the Customer terminates the Framework Agreement within 6 months of its conclusion, Quicko has the right to charge a fee for termination of the Framework Agreement in the amount indicated in the Quicko Terms and Conditions. \
    3. Quicko may terminate this Framework Agreement or the agreements concluded pursuant to it at any time, with 2 months’ notice period. Upon expiration of the notice period, the account will be closed. If there is a negative balance, the Customer is obliged to cover the debit immediately. Any refund of the funds in the Customer’s account, after deducting any applicable fees, will be made to the bank account indicated by the Customer.
    4. Quicko may terminate the Framework Agreement with immediate effect in the following cases (valid reasons for termination) which are mentioned in the Regulation.
    5. On the day of termination of the Framework Agreement, the related agreements concluded by the Parties shall be terminated, including the agreement for opening and operating a payment account , the agreement for access to the Customer Panel and the payment card agreement. Within 30 days from this date, the Customer is obliged to withdraw funds remaining on the Account or to dispose of them in a different way and cover all outstanding fees and commissions.
    6. In the case of Customers who are natural persons, the Framework Agreement shall expire upon the death of the Customer, unless a succession board was appointed, in accordance with the Act of 5 July 2018 on the succession management of a natural person’s enterprise and other facilities related to the succession of enterprises. Payments of the Customer’s funds are made on the terms set out in the Quicko Terms and Conditions.

AGREEMENT TO OPENING AND MAINTAINING A PAYMENT ACCOUNT

§ 6. General provisions

1. 1. 1. Quicko provides the Customer, on the principles set out in the Terms and Conditions of Quicko Services, access to the online transaction system “Customer Panel”, which allows the Customer to access the Account and dispose of funds accumulated on it, as well as access to other services provided by Quicko on the basis of agreements concluded with the Customer, which is carried out through the Customer Panel.
    2. In particular, using the Customer Panel, the Customer may:

a) submit an application for opening an auxiliary account,

b) submit an application for a payment card,

c) submit an application for a virtual payment card,

d) submit a payment order,

e) check transaction history and monthly statements,

f) check the Account balance,

g) gain access to documents related to the conclusion of the Framework Agreement,

h) make changes to the Customer’s data, i) use other current functionalities of the Customer Panel.

1. 1. 1. The detailed scope of currently available functionalities of the Customer Panel can be found in the Partner’s Service.
    2. The minimum technical requirements necessary to use the Customer Panel are indicated in the Quicko Terms and Conditions.
    3. Quicko reserves the right to conduct maintenance and modernization works of the Customer Panel, which may result in temporary unavailability of services provided under this agreement.
    4. Quicko charges fees and commissions for the services provided to the Customer under this agreement in accordance with the Table of Fees and Commissions.
    5. The agreement for access to the Customer Panel is concluded for an indefinite period.
    6. Withdrawal and termination upon termination of the agreement for access to the Customer Panel occurs for reasons and in the manner specified in the Quicko Terms and Conditions and separately, always with the termination of the Framework Agreement.
    7. Termination of the agreement for access to the Customer Panel results in automatic termination of those agreements which can only be performed using the Customer Panel – including the agreement for opening and operating a payment account and the agreement for the issuing of a payment card.

§ 7. Using the Customer Panel

1. 1. 1. 1. Access to the Customer Panel is via the mobile application available for download and installation on the device from: http://www ______________, or on a dedicated website at: http://www ______________.
        2. The Customer gains access to the Customer Panel using an individual password and login, provided using the email address and telephone number provided by the Customer when concluding the Framework Agreement.
        Activation of access to the Customer Panel is done using the customer’s phone number or email address.
        Detailed rules for the identification of the Customer and the authorization of instructions ordered by him in the Customer Panel are set out in the Quicko Terms and Conditions. Acceptance of the Customer’s instruction is confirmed in the Customer Panel.
        The Customer indicates persons authorized to submit instructions on his behalf in the Customer Panel in the manner specified in the Quicko Terms and Conditions.
        The Customer undertakes to check the correctness of the instructions ordered using the Customer Panel.
        Using the Customer Panel or in an e-mail message sent to the Customer’s e-mail address provided at the conclusion of the Framework Agreement (subject to later changes) or in writing, the Parties may make statements regarding concluded agreements, including annexes to the agreements, make changes to the Terms and Conditions and the Table of Fees and Commissions.
        The Customer’s submission of declarations of intent using the Customer Panel will be authorized by providing the Customer’s login and password and the code sent in the form of an email or SMS to the Customer’s telephone number provided at the conclusion of the Framework Agreement.
        The Parties agree that Quicko’s communication and correspondence addressed to the Customer regarding the Framework Agreement and other agreements concluded with the Customer will be carried out by the Customer Panel or via e-mail sent to the Customer’s e-mail address provided at the conclusion of the Framework Agreement (subject to later changes) or in writing to the address for delivery/address of the Customer’s registered office, unless the provisions of these agreements or the provisions of generally applicable law require the delivery of correspondence in a different way.
        Quicko performs payment orders and transactions submitted by the Customer using the Customer Panel on the terms and in the manner described in the Quicko Terms and Conditions.
        The deadlines for receipt and execution of payment orders and transactions are set out in the Quicko Terms and Conditions.

§ 8. Security rules for using the Customer Panel

The Customer is obliged to comply with the security rules related to the use of the Customer Panel described in detail in the Quicko Terms and Conditions.
The Customer is obliged to keep secret to third parties the credentials to the Customer Panel, including login and password, while the Customer is responsible for all consequences arising from failure to comply with this obligation.
The Customer is obliged to secure devices (e.g. computer, mobile phone, mobile device) with which he accesses the Customer Panel and is obliged to protect them against malicious software or access by unauthorized persons.
Quicko reserves the right to temporarily suspend Customer’s access to the Customer Panel for security reasons in the event of a justified suspicion of unauthorized use of the Customer Panel.

AGREEMENT FOR OPENING AND OPERATING A PAYMENT ACCOUNT

§ 9. Subject and duration of the agreement

Quicko undertakes to open and maintain an Account in the IBAN format with the number indicated to the Customer in an e-mail sent to the Customer’s e-mail address provided at the conclusion of the Framework Agreement (subject to later changes) or in writing to the address for delivery/address of the Customer’s registered office.
Under this agreement, Quicko undertakes to store the Customer’s funds accumulated on the Account and to implement the Customer’s instructions, including Payment orders on the terms set out in the Quicko Terms and Conditions.
On the terms set out in the Terms and Conditions of Quicko Services, Quicko also provides the Customer with auxiliary payment accounts, kept in Polish zlotys or foreign currency. The application for opening an auxiliary payment account is submitted by the Customer using the Customer Panel.
Quicko provides the Customer in particular with the following services in particular:

a) payment of funds to the Account,

b) withdrawal of funds from the Account,

c) direct debits, including one-off direct debits,

d) credit transfers, including SEPA credit transfers,

e) transfer orders in a foreign currency,

f) foreign transfer orders,

g) internal transfer orders (between the Customer’s accounts).

The funds accumulated on the Account and auxiliary accounts are interest-free.
The Customer has the funds on the Account and auxiliary accounts up to the amount of available funds.
The Customer may appoint an attorney to the Account on the terms and in the manner specified in the Quicko Terms and Conditions.
The Customer gains access to the Account and ancillary accounts through the Customer Panel.
Quicko charges fees and commissions in accordance with the Table of Fees and Commissions for services provided to the Customer under this agreement.
The agreement for opening and operating a payment account is concluded for an indefinite period.
Withdrawal and termination upon termination of the agreement for opening and operating a payment account occurs for reasons and in the manner indicated in the Quicko Terms and Conditions and separately, always with the withdrawal and termination of the Framework Agreement.

§ 10. Statement of the Account

Quicko prepares and makes available to the Customer an Account statement once a month, taking into account the current balance by the 30th of each month (in the case of months with less than 30 days – by the last day of that month).
The Account statement is made available to the Customer free of charge as part of the Customer Panel, with the option of downloading a .pdf file covering the Account statement to the Customer’s device.
At the Customer’s request, Quicko provides the Customer with an Account statement free of charge by e-mail to the e-mail address provided by him.

AGREEMENT FOR PAYMENT CARDS

§ 11. Subject of the agreement for payment cards

At the Customer’s request, Quicko issues a payment card to the Account and ancillary accounts (hereinafter referred to as “Card”).
An application for the issuance of a Card shall be made by the Customer upon conclusion of the Framework Agreement or during its term by submitting an instruction in the Customer Panel. The condition for concluding the payment card agreement is the positive verification of the Customer on the terms set out in the Quicko Terms and Conditions.
Detailed rules for issuing and handling the Card, including the manner and date of its delivery and activation by the Customer, ordering and settling transactions as well as the types and functionalities of individual Cards are set out in the Quicko Terms and Conditions.
If the Card is ordered in physical form, the Card will be delivered to the Customer at the indicated correspondence address in Poland. The customer will receive an individual PIN code through a separate communication channel.
Changing the individual PIN code is possible via the Customer Panel.
Daily limits of transactions made with the Card are set out in the Quicko Terms and Conditions. The customer has the option of changing the limits from the Customer Panel.
The virtual card does not allow cash withdrawals and non-cash transactions at retail and service outlets equipped with electronic terminals.
Quicko charges fees and commissions for services rendered to the Customer under this agreement in accordance with the Table of Fees and Commissions.
This agreement is concluded for an indefinite period, with the exception of the agreement for the issue of a non renewable card, which is concluded for a fixed period until the last day of the Card’s validity (last day of the month indicated on the card).
The Customer may withdraw from this agreement to the extent that it includes the issuing of a payment card within 14 days from the date of receiving the payment card for the first time under this agreement, if he has not made any payment transaction using this card. In this case, Quicko will reimburse the Customer for the amount of fees incurred and may charge the Customer the costs associated with issuing the payment card to the extent provided for in the Quicko Terms and Conditions.
Termination by notice of the payment card agreement occurs for reasons and in the manner indicated in the Quicko Terms and Conditions and separately, always with the termination by notice of the Framework Agreement.

§12. Rules of liability and security related to the use of Cards

1. 1. 1. Quicko is liable for damage caused as a result of an unauthorized, unrealized or improperly performed payment transaction using a Card on the terms specified in the Quicko Terms and Conditions.
    2. The Customer is obliged to immediately report Quicko to the loss or destruction of the Card.
    3. Quicko has the right to block or block the Card in the event of:

a) occurrence of a justified reason related to the security of trading made using the Card – including the possibility for third parties to acquire possession of the Card’s data,

b) suspected unauthorized use of the Card, including Card data,

c) suspected deliberate lead to an unauthorized transaction,

d) in other cases indicated in the Quicko Terms and Conditions.

1. 1. 1. The card holder is obliged to:

a) storing the Card and credentials in a way that prevents its loss or accidental sharing,

b) not to disclose the card and card data to other persons, unless it is required to make a card transaction or to register a card,

c) use the Card for its intended purpose,

d) promptly report to Quicko statements of loss, theft, misappropriation of the Card or Card data, unauthorized use of the Card, unauthorized access to the Card.