The current General Terms and Conditions are in relation to the use of payment services, provided by phyre app – an application which enables the issuing of payment cards and carrying out payments through digitalizing a payment card via MDES (MasterCard Digital Enablement Service) on mobile devices operating with Android and iOS, opening and maintaining payment accounts in BGN (Bulgarian levs) for a person of entity, credit transactions in BGN and EUR from and to such payment accounts, maintaining a virtual wallet for loyalty cards, interactive viewing of offers and others.
A detailed description for the payment services, provided by „Paynetics AD“ through phyre app is available in the section Payment services and payment-related services, provided by Paynetics through the electronic app “phyre app”.
We explicitly announce that the current General Conditions apply to all functionalities, provided by phyre app, in regards to the services offered by „Paynetics AD“. Should any new services be added, the General Terms will be updated accordingly, in the order that follows.
Please read the General Conditions carefully and keep a copy for your archive. You can require a copy of the General Conditions from us at any time, as well as for the applicable fees and current limits and/or statement for the latest transactions, carried out via your phyre app.
These General Conditions settle the contents of the contract between you as a user of phyre’s electronic wallet and Paynetics AD as a company for electronic money whose services are executed via their representatives, phyre – the executives, responsible for phyre app’s development, technical support and exploitation.
They contain important information related to your rights and your opportunity to restore your finances, provided by “Paynetics AD” with the purpose of carrying out payment services. The current general conditions are important in terms of the framework contract, based on the Law on Payment Services and Payment Systems.
Through the installation and activation of phyre app on your mobile device you therefore accept and agree to the current general terms. Your agreement with the General Terms and Conditions is carried out electronically through your electronic statement. The installation and activation of phyre app on your mobile device based on the order in the app will be equivalent to an electronic signature, based on the Law of the Electronic Wallet and Electronic Certifying Services. By accepting the current General Terms and Conditions you are therefore agreeing to the lawful value of your electronic signature and its equivalence to your manual signature.
In these General Conditions:
“PAYNETICS” is equivalent to “Paynetics AD”, with headquarters at the following address: 76A James Baucher Blvd., ground floor, Lozenetz area, Sofia, included in the trade register, carried out by the Registry Office with Unique Identifying Number 131574695. “Paynetics AD” is an electronic money company with a permit, issued by the Management Board of the Bulgarian National Bank with a statement #44 from April 11th, 2016 and is included in the registry, carried out by the Bulgarian National Bank which can be found here. Paynetics AD executes its services of issuing and dispersing electronic money, as well as of providing payment services based on Article 4, p.1, p.3, p.4, b”.b”, p. 5 and p.6 of the Law of Payment Services and Payment Systems. The Bulgarian National Bank supervises the Paynetics’ activities and services.
“phyre” is equivalent to “phyre AD” – a company, registered in the Republic of Bulgaria, with headquarters at the following address: 76A James Baucher Blvd., ground floor, Lozenetz area, Sofia, included in the trade register, carried out by the Registry Office with Unique Identifying Number 203617076 which is: a) registered by the Bulgarian National Bank and recognized as a representative of Paynetics on the development, technical support and exploitation of phyre app. phyre delivers technical services and enables the provision of payment services without obtaining control of the finances that need to be transferred, including through the creation and maintenance, with the exception of the services for initiating payments, as well as the informative services of accounts.
“We”, “us” or “our” is equivalent to Paynetics and/or Paynetics, represented by phyre depending on the context.
“Electronic money” is equivalent to the nominal value of the finances provided by you that are stored in electronic form, including a magnetic form in Paynetics’ information system. Electronic money is issued through naming their holder in Paynetics, the date of the issuing and other data within the registry of electronic finances, stored in Paynetics’ information system. The issued electronic finances can be used for payment transactions through a Paynetics card or through your Paynetics account up to their limit until the card’s expiry date is reached in which case they can be topped up or bought back by you.
“Paynetics System” or “phyre’s Electronic Wallet” is an online system for issuing electronic money, issuing and management of payment cards, opening accounts and carrying out payments, including, deposit cash into a payment account, the carrying out of credit transactions, accepting payments, as well as the data related to what is mentioned above, available in phyre app. “Paynetics System” and “phyre’s Electronic Wallet” are created, operated and maintained by Paynetics. Paynetics and phyre have exclusive, full rights over the intellectual property regarding this whole system.
“phyre app” or “The app” is a mobile application, operating with Android and iOS through which you can use the services, described in the current General Terms and Conditions. It can be downloaded for free from Google Play and/or AppStore and, when installed on your mobile device, carries out the user’s payment service and Paynetics’ system. phyre owns all physical and non-physical rights over the app.
Payment services and payment-related services, provided by Paynetics through the electronic app “phyre app” is:
- Identification (KYC) and registration of individuals as clients;
- Notifying clients, including automatic notifications;
- Issuing electronic finances, maintaining accounts in Bulgarian levs, Euros, GBP, ROМ with an individual IBAN for carrying out incoming and outgoing payments in BGN and EUR from accounts for electronic finances, dispersing and repurchasing electronic finances – the service is only available for individual users, registered on the phyre app up to March 17th, 2020 (March 17th, 2020 included);
- MasterCard (pre-paid gift cards excluded) and the opportunity to manage it through the phyre app as follows: blocking and unblocking of the card, signaling for a lost, stolen or misused/used without the user’s permission card;
- Issuing of a virtual payment MasterCard card and the opportunity to manage it through the phyre app as it follows: blocking/unblocking of the card, viewing details/tokenization of the MasterCard payment card;
- Option to destroy an issued Virtual Card;
- Carrying out payments through digitalization of the payment card through Mastercard MDES (MasterCard Digital Enablement) of the recipient mobile device which operates on Android and through Apple Pay for recipient mobile devices which operate on iOS;
- Opening and management of payment accounts in BGN, EUR, GBP, other than accounts for electronic money with an individual IBAN for carrying out incoming and outgoing payments in BGN, EUR and GBP – the service is only available for individual users, registered for phyre app after March 17th, 2020;
- Immediate P2P payments;
- Incoming credit transactions to a payment account with an IBAN;
- Outgoing credit transactions to payment accounts in BGN or EUR, carried out by a payment services provider on the premises of Bulgaria or another country, member of the European Union;
- Top up finances from a connected card;
- Processing of transactions in different currencies;
- Deposit cash into a payment account via Specific Cash Terminal;
- Other services – Other payment services, provided by phyre app will be announced. They will be thoroughly described in an addition to the current General Terms and Conditions.
“Non-payment services, provided by phyre app” means:
- The option to include loyalty cards with barcodes from different merchants on the market – virtual wallet for loyalty cards;
- Visualizing commercial brochures/offers – interactive viewing of offers;
- Automatic notifications
- Analysis of expenses;
- The option to send out registration invitations within the app (referral program);
- Technical opportunity for mobile payments with Apple Pay, as well as the digitalization of the cards, issued by phyre app and Apple Wallet;
- possibility to purchase and activate Electronic vignettes.
“Paynetics Account” is a payment account, maintained by Paynetics with you as a holder which can be used for payment transactions and:
- Which can be connected to your payment card;
- Through which payment transactions can be carried out, in accordance with Section 112 of the current General Terms and Conditions and through which payment operations are carried out in accordance with Section 113 of the current General Terms and Conditions;
- For clients – individual users, registered on phyre app after March 17th, 2020 the Paynetics account is, in essence, an account for electronic money in which electronic money/money are stored and rendered.
“Payment Operation” means an action, taken by a Paynetics client or by another payment service provider in order to transfer or withdraw finances from/to a payment account or through a payment card, including POS, internet or P2P operations/payments through a QR code.
“POS Operation” is a payment service, initiated by you through your mobile device with the purpose of purchasing goods or services on the premises of a trade property.
“Internet Operation” is a payment operation, initiated by you, with the purpose of purchasing goods or services online through a website by using your Paynetics card details.
“P2P operation” Is a payment operation, initiated by you for monetary transactions from your Paynetics account to another user’s Paynetics account. P2P transactions over 25 BGN are only available after entering the phyre PIN or submitting a fingerprint, or through face recognition.
“Payment order”: Every order by a client to Paynetics through which a payment operation is requested. The payment order can be requested via either a physical/paper outlet or electronically.
„Credit Transaction“: National or cross-border payment service for certifying a user’s payment account through one or several payment transactions, carried out through the payment account of the payer by the payment services’ payer who maintains the payment account, based on the payer’s order.
“Paynetics card” means a payment debit or pre-paid virtual card or a debit card/pre-paid physical card, issued by Paynetics in your name that is connected to your Paynetics account. You can view details on your Paynetics card on phyre app;
The Paynetics debit card is a type of payment card, a personalized payment instrument which can be used by the authorized user of payment services and for remote access to your Paynetics account, different from a Paynetics account for electronic money with which payment and statement transactions can be carried out.
Pre-paid Paynetics card is a type or personalized payment instrument on which electronic money is stored and which grants remote access to your Paynetics account for electronic money and on which payment operations are carried out.
For clients – individual users, registered on phyre app after March 17th, 2020 the Paynetics card is a debit virtual or physical card through which remote access to a Paynetics account, other than a payment account for electronic money is provided.
“Virtual card” – debit or pre-paid Paynetics card, issued by Paynetics with a BIN and the card organization’s logo, available via the app and through which payments can be carried out within the internet environment. The mobile app provides the option for all users who have topped up money on phyre app to receive a free debit or pre-paid virtual card for internet payments.
For clients – individual users, registered on phyre app until March 17th 2020 (March 17th 2020 included) the virtual card is a debit Paynetics card, issued by Paynetics, with a BIN, as well as the card organization’s logo, available via the app and through which payments can be carried out within the internet environment. The mobile app provides the opportunity for all users who have topped up money on phyre app to receive a free debit or pre-paid virtual card for internet payments.
“Physical phyre card ” – debit or pre-paid Paynetics card in the form of a physical carrier – a piece of plastic for contact or contact-free payments, payments with 4IP and PIN and is a payment instrument, issued by Paynetics with a BIN and the card organization’s logo, phyre’s logo and logo of the issuer, with an expiry date, personalized with protective characteristics, such as PAN, PIN and CVC and used for payments at POS or within the internet environment, for withdrawing cash, at an ATM or POS which enables the cardholder to request payment orders and transactions. The card is a payment instrument, connected to the App and provides access to a Paynetics account. The user of the app has the opportunity to purchase this card and add it to their Paynetics account.
For clients – individuals of entity, registered on the phyre app up to March 17th 2020 (March 17th 2020 included) the “phyre Physical Card” means a pre-paid Paynetics card with a physical outlet; a piece of plastic for contact or contact-free payments, payments with 4IP and PIN and is a payment instrument, issued by Paynetics with a BIN and the card organization’s logo, phyre’s logo and logo of the issuer, with an expiry date, personalized with protective characteristics, such as PAN, PIN and CVC and used for payments at POS or within the internet environment, for withdrawing cash, at an ATM or POS which enables the cardholder to request payment orders and transactions. The card is a payment instrument, connected to the App and provides access to a Paynetics account for electronic money. The user of the app has the opportunity to purchase this card and add it to their Paynetics account for electronic money.
For clients – individual users, registered on the phyre app after March 17th 2020 the “phyre Physical Card” means a debit Paynetics card with a physical outlet; a piece of plastic for contact or contact-free payments, payments with 4IP and PIN and is a payment instrument, issued by Paynetics with a BIN and the card organization’s logo, phyre’s logo and logo of the issuer, with an expiry date, personalized with protective characteristics, such as PAN, PIN and CVC and used for payments at POS or within the internet environment, for withdrawing cash, at an ATM or POS which enables the cardholder to request payment orders and transactions. The card is a payment instrument, connected to the App and provides access to a Paynetics account other than an account for electronic money. The user of the app has the opportunity to purchase this card and add it to their Paynetics account other than to an account for electronic money.
„Virtual wallet for Loyalty cards“ is the opportunity to use your Loyalty cards, through providing your loyalty card number for your loyalty card issued by retailers or retailer chains operating on the premises of Bulgaria, in your virtual wallet.
„Interactive viewing of offers“ – a non-payment service and functionality of the App which enables the user to view offers from retailers or retailer chains in an interactive way.
"Purchase and activation of Electronic vignettes" means a non-payment service and functionality of the phyreapp that provides the opportunity to purchase and activate Electronic Vignettes. The non-payment service is provided by Intelligent Traffic Systems AD, UIC 201988199 (ITS) through its representative Phyre AD, via the system of A1 Bulgaria EAD UIC 131468980 (A1 Bulgaria), by virtue of a partnership agreement concluded between ITS, A1 Bulgaria and Phyre.
ITS is entered in the National Electronic Register of National Service Providers for Electronic Toll Collection on the basis of an agreement with the Road Infrastructure Agency for the provision of additional services for the operation of activation points by a provider of electronic collection services
Credit Transactions directly related to the non-payment service specified here and described in Section VIIIa are performed by Paynetics.
"Electronic vignette" means an electronic document within the meaning of Art. 3, para. 1 of the Electronic Document and Electronic Certification Services Act, certifying paid Vignette fee. The Electronic vignette contains a unique identification number, data on the registration number of the road vehicle, the country in which it is registered, its category, the date of payment of the fee and the period of validity.
"Vignette fee" means a fee that gives the right to a vehicle that meets the requirements of Art.10a, para. 7 of the Roads Act, to use for a certain period the paid road network. Vignette fees are collected in accordance with the Tariff for Fees Collected by the Road Infrastructure Agency and according to their validity period.
The services “Virtual wallet for Loyalty cards” and “Interactive viewing of offers” are both provided by phyre AD.
"Applying for a credit through the App" means a non-payment service and functionality of the App, which provides you the opportunity to apply for a credit for an amount determined by you within the credit limit for which you have previously received approval, as well as the opportunity to utilize the credit amount with your Paynetics account.
The non-payment service is provided by Phyre in respect of credits granted by financial and/or credit institutions with which Phyre has concluded contracts (“Financing institution”). Currently, the consumer lending service is provided by “BNP Paribas Personal Finance S.A., Bulgaria Branch”, UIC: 204915054, as a branch of the bank BNP Paribas Personal Finance SA, Paris, France, RCS: 542 097 902 („BNP“), specialized in consumer lending and operating in Bulgaria pursuant to Art. 20 of the Law on Credit Institutions, according to letter № БНБ-152559 / 05.10.2017. Neither Phyre nor Paynetics is a party to the credit agreements entered into with users of the App for the purpose of providing the non-payment services referred to in this paragraph. Phyre is only providing the connection between you, as a user of the App, and the Financing Institution - as a provider of consumer lending services.
Credit Transaction payment services, directly related to the non-payment service specified here and described in Section VIIIb are performed by Paynetics in accordance with the current General Terms and Conditions regarding the “Payment services and payment-related services, provided by Paynetics through the electronic app “phyre app”.
“Payment of utility bills and liabilities to state and municipal administration” means a non-payment service and functionality of the App, which provides information on available liabilities of individuals and legal entities to companies - providers of utility services, as well as liabilities to state and municipal administration, and providing an opportunity for their payment. A list of companies - providers of utility services ("Supplier Companies"), to which you can make a payment, is available in the App.
The non-payment service described here is provided by Phyre under concluded contract/s with Phyre’s partner companies ("Partner Companies"), where the latter are representatives of the Supplier Companies. A list of the Supplier Companies is available in the App. The representative powers of the Partner Companies include rights to collect and report of paid fees for household and utility services and liabilities to state and municipal administration through the information system created and maintained by the respective Partner Company for providing and servicing legal entities and individuals.
Credit Transaction payment services directly related to the non-payment service specified here and described in Section VIIIc are performed by Paynetics in accordance with the current General Terms and Conditions regarding the “Payment services and payment-related services, provided by Paynetics through the electronic app “phyre app”.
Fees - means the fees which you owe lawfully based on these General Terms and Conditions and in relation to the use of the services envisaged in them. All fees are mentioned in Section “Fees and Limits” which is an integral part of the General Terms and Conditions.
“MDES” is the digitalization of a card within the mobile device of the client for payments carrying out and receiving payments. The platform MDES enables secure contact-free payments.
“Mobile device” is a portable mobile device which supports NFC and operates on Android 7.0 OS or more recent versions, as well as on iOS.
“phyre PIN” - the unique personal identification number which you have chosen yourself as a part of the installation process.
“Preliminarily Topped Up Credit” – is any given balance preliminarily topped up by us with promotional purposes to your Paynetics account.
will be processed, treated and shared by us.
“QR Code payments” is a payment functionality which enables a phyre user to generate a QR code which can then be scanned by another phyre user in order to transfer funds between the app’s accounts. Every user can generate their own QR code in order to receive funds from other phyre users.
“Identification Level 1” is a procedure for identification which requires at minimum as follows:
For Bulgarian citizens: Providing means of identification – a passport or an ID, photographing the person, together with the ID provided in real time. As for EU citizens who are NOT Bulgarian citizens, providing means of identification – a passport or an ID and bank statement or other identification document. The identification is carried out by the automated system of https://shuftipro.com/. If needed, the data may also be supervised by an authorised Paynetics professional.
“Identification Level 2” – a procedure during which, depending on the type and monetary amount of any given monetary operation, and followed by a risk assessment, Paynetics preserves its right to request additional documents from the phyre user, including a document which clarifies the monetary origin as a condition for the payment operation to be carried out.
“Request for buyback” - a request by the user to receive back the funds from their Paynetics account in accordance with Section 13 of the current General Terms and Conditions.
“Transactions” - Any transaction which can be executed from your Paynetics account/Paynetics card, including payment operation and/or buyback operation.
“Tokens” - The cards’ numbers which mobile devices use instead of the number of the card printed on the plastic. MDES confirms the transaction, decrypted by the token back to the number of the card and forwards it to the issuer for authorization.
“Limits” - The restrictions for use which are effective for your Paynetics card and your Paynetics account which are included in these General Terms and Conditions and which are mentioned in Annex “Paynetics fees and limits” which you will find via your phyre app or on phyre’s website.
“phyre app user” “user”; “you” or “your” - the identified user who has downloaded and installed phyre app and who has registered on the App, using their full name, occupation, email, address and mobile number.
“ATM” – a stationary device for monetary withdrawal in cash, as well as for making payments for services, balance-related statement purposes, and other payment or non-payment operations.
„Special Cash Terminal“ - is an external device, other than an ATM, allowing the deposit of cash into a payment account at Paynetics, maintained by legal entity with which Paynetics has concluded a contract and marked in accordance with the characteristics and data specified in the App. Currently, Paynetics uses as a Special Cash Terminal the cash terminals maintained by Intercapital Group AD with UIC 200867847 – legal entity entered in the register kept by the BNB under Article 19 of the Payment Services and Payment Systems Act, as an agent of Paynetics.
“Card organization”- MasterCard International (“MasterCard”), VISA Europe (“VISA”) or any other association or organization, which supports systems for card payments applicable under the current General Conditions, including every branch, subsidiary or assignee of any of them where Paynetics has a membership and has the right to issue cards and to accept payments including card payments, recognized by any such card organization.
“Forbidden transaction” is any of the types of transactions that follow:
1. “pyramid sales”, Ponzi schemes or similar marketing or matrix programs for speedy enrichment, or investment programs with high return on the investment;
2. the sale, delivery or the purchasing of illegal objects or objects which encourage or facilitate such illegal activities;
3. the sale, delivery or the purchasing of falsified products or products violating rights of intellectual property;
4. products or services for processing or aggregation of payments by a third person;
5. money laundering;
6. financing or propaganda of terrorism;
7. pornography, escort services and sale and/or advertisement of sexual services.
We preserve our right to add other categories of forbidden transactions by adding such categories either to the current General Conditions or in a separate document which will be published on our website: https://www.phyreapp.com.
“Written” also includes e-mails. When we use terms such as “written” or “written form”, this also includes declarations made through e-mails.
“LPSPS” – Law on Payment Services and Payment Systems
I. Downloading and activation of your phyre app. phyre app services:
1. Profile Creation: In order to create an account on the phyre app you should be at least 18 years of age and own an Eligible mobile device, according to the current General Terms and Conditions. On your mobile device, go to Google Play Store and/or AppStore and follow the instructions for downloading. During the installation and registration process you will be asked to:
а) provide your personal data needed for your identification;
(b) create a phyre PIN;
(c) read and accept the General Terms and Conditions;
(d) enter an activation code, sent to the mobile number you’ve provided during the registration process.
In case you have not executed one or more of the steps indicated in (a) to (d) above, you cannot complete the activation process for phyre app.
2. With the installation and registration of phyre app on your mobile device, you agree to use the services provided by your phyre app, such as: Payment services and payment-related services, offered through phyre app, as well as non-payment methods, provided by phyre app. By installing the phyre app on your mobile device you provide your agreement to abide by the current General Terms and Conditions. The non-payment services, provided by phyre app cannot be used on their own and without the use of a Paynetics card or a Paynetics account.
3. As part of the installation and registration process, you will be required to fulfil the requirements for identification and opening of a Paynetics account and issuing of a Paynetics card. Authorizing a third party IS NOT acceptable when registering and using phyre app.
4. Specifics when using the services:
Regardless of the fact that you have installed phyre app, you will not be considered “Eligible” to obtain a Paynetics card and a Paynetics account, UNLESS:
(а) you reside permanently in a country, part of the European Union, and
(b) you are at least 18 years of age and you have the legal right to conclude legally-binding contracts, and
(c) you have passed all our required identification procedures and eligibility and security verifications, and
(d) you have provided us with a valid and functional email address and telephone number, and
(e) you do not own a previous Paynetics card which has been terminated by us, and
(f) you are NOT in violation of these General Terms and Conditions.
(g) there is no other phyreapp account registered with you through which you have successfully passed the authentication procedure.
We cannot accept your registration, if you are not „eligible“. In case of ineligibility, please terminate all attempts to register with us.
We will review your application as soon as possible and your Paynetics account and Paynetics card will be in a “processing” status until we complete our verification process and activate your Paynetics account and Paynetics card. In addition, we will also retain the right to reject your application, basing the decision on our assessment.
In the period of processing your application or at any time in the future, in regards to your Paynetics account and Paynetics card, including for the purposes of preventing fraud and/or money laundering:
(а) we may ask you to submit written evidence in order to prove your identity, address and origin and/or the sources of financing of the funds for topping up your Paynetics account and Paynetics card; and
(b) we may perform identity checks/verifications in electronic way or through the use of appropriate third persons such as providers of services for identity verification.
When performing identity checks/verifications, your personal information may be disclosed to third Individuals who are certified to perform similar checks/verifications under the due order by the relevant competent body. These checks are checks of the identity and therefore must not affect your credit rating negatively.
In spite of this, the aforementioned third party may create a record of any relevant information which may remain in their archives as evidence that an identity check has been performed.
Our acceptance of your registration will take place when we send you a notification to the profile of the app, signaling that you have successfully completed the identification procedure. From that moment on it will be considered that there is an existing contract between you and phyre, with a duration of 3 years from the day of settling the contract and it will be renewed automatically for another three years if you don't claim explicitly your decision to cancel the contract one month before expiration.
You will be required to update your personal data, in case your name, address, email address, data regarding an ID document, mobile phone number, payment card or bank account, occupation change. Any changes of the said data are effective to us from the moment we get notified about them in a written form. We do not bear legal responsibility for damages resulting from your omission to do so.
5. Every preliminarily topped-up credit, if there is such, will be available after the successful completion of the registration process.
6. Upon downloading or accessing the application phyre app data will be processed by applying your existing agreement with the company whose electronic services you use, as well as its policy related to its processing. The traffic of mobile internet you will use when downloading and using the App will be charged according to the fees, indicated in your contract with the aforementioned company. For more information, you will need to contact your mobile communications provider.
7. Termination on grounds of eligibility: we reserve our rights to immediately terminate your Paynetics account and our contract with you, if we have solid reasoning to think you do not match the General Terms and Conditions.
II. Top up your Paynetics account
Upon successfully passing the procedure for identification and the verifications and the related effectiveness of the contract between you and us, you can top up your Paynetics account as described in this current Section II of these General Terms and Conditions, with funds that are meant for payment operations. The minimum amount to top up in your Paynetics Account is indicated in Article “Fees and Limits”.
The balance of your Paynetics account should never exceed the limits determined according to Article “Paynetics fees and limits” which is an integral part of the current General Terms and Conditions.
Detailed instructions on how to top up your Paynetics account are indicated in phyre app.
You may top up your Paynetics account via:
(а) using your credit card; or
b) using your debit card/prepaid card; or
c) via credit transfer, according to the regulations in Section VII, article 1;
d) deposit of cash via Special Cash Terminal.
The received funds will be credited to your Paynetics account immediately after we receive the funds.
If, after a top up operation one or more limits, indicated in Annex “Fees and Provisions” are exceeded, depending on each individual case, the operation will not be approved.
We reserve the right to refuse to accept certain top up operations or to deactivate specific top up method without notice for the prevention of fraud, money laundering or another illegal activity.
We will charge you with a top up fee every time when you perform top up operation on your account. The amount of that top up fee may be changed in the course of time according to Section XVIII of these General Terms and Conditions. The current fees may be found in the Annex “Paynetics fees and limits” which is accessible through your phyre app, or at the phyre website.
III. Use of your Paynetics card
1. After you activate your Paynetics account and your Paynetics card is activated, upon technical availability and according to the Current General Terms and Conditions in any separate case, you may use your Paynetics card within the frame of the available funds inside to perform payment operations. You will have the right to use your Paynetics account and your Paynetics card only personally and you will not have the right to transfer the use to anyone else as well you will not have the right to sell or to transfer to anyone the rights to use them. In case you allow access to your Paynetics account and/or your Paynetics card to other person(s), You will bear full responsibility for all transactions initiated by that person/those persons. Some merchants may not accept payments via Paynetics cards. It will be your responsibility to check with every merchant what their policy is. We will not take any responsibility if a merchant refuses to accept payment via Paynetics card.
2. You should make sure that your Paynetics account has sufficient funds available to cover the amount of a given transaction and all applicable fees. It is possible that we refuse to perform given operation if you don’t have sufficient balance to cover the amount of the transaction and all applicable fees.
3. No interests will be calculated on your Paynetics account balance.
4. All Paynetics accounts in BGN, EUR, GBP or RON, depending on your individual choice are indicated with an international bank account number (IBAN). Paynetics accounts with IBAN can be used for carrying out payment operations through a credit transaction. You can receive credit transactions, including credit top-ups, ordered via a bank on your Paynetics account, as well as to request a transaction from your Paynetics account to another payment account that has an IBAN, carried out by a payment service carrier, licensed in the Republic of Bulgaria or in another EU country. It is required that Identification Level 2 is completed in order for credit transactions or transactions via a card from your Paynetics account, if the amount exceeds the BGN equivalent of 1000 EUR or their equivalent in another currency.
5. Paynetics carries out credit transactions within the deadlines, indicated in LPSPS as it follows:
- If not settled otherwise between phyre and you, an order for a credit transaction from your Paynetics account to another Paynetics account is carried out immediately upon receiving the order at Paynetics, given sufficient balance in the Paynetics account of the payer.
- Paynetics, as a carrier of payment services of the payer, secures the certification of the payment account of the source of payment services, if different from Paynetics, with the amount of the payment order. The received orders after 15:00 PM on a working day or received during the weekend or on a non-working day, are considered as received on the next working day.
- In the event of credit transactions, ordered to your benefit, your Paynetics account will be certified on the day in which the sum is received in the Paynetics account, as a carrier of the payment services of the payer. If the monetary amount is received in a Paynetics account after 15 PM on a working day or on a non-working day, it is considered as a next-day order.
6. Cash withdrawal from your Paynetics account is not possible. The withdrawal of cash from your Paynetics account is only possible through an ATM or POS within the limits, indicated in Annex “Paynetics fees and limits”. Depositing cash to your Paynetics account is possible only through the service of depositing cash in a payment account through a Special Cash Terminal, subject to the conditions and limits specified in these General Terms and Conditions and the application "Paynetics Fees and Limits".
7. The amount you may spend with your Paynetics card may be restricted according to the rules of the relevant Card organization or the policies of payments acceptance of the specific merchant. Paynetics has the right to determine limits to the usage of your Paynetics card, regarding to one settlement, for 24 hours, seven consecutive days, for thirty consecutive days and for a maximum number of operations for a certain period (limits in relation to withdrawals/payments/top ups), as well for the existing monetary sums and operations on your Paynetics account. Due to considerations regarding risk assessments, Paynetics can one-sidedly change the limits which you will be notified about immediately via the Annex “Paynetics fees and limits” or in another appropriate manner.
8. We will deduct the value of your transactions from the balance of your Paynetics account. We will
also deduct all applicable fees the moment they become due by you to us.
9. Along with the aforementioned in the previous point, you agree and commit not to violate the rules for access to the application phyre, as well as to not make any attempts to interrupt or impair its functionality, including but not limited to, not to spread files containing viruses, damaged files or other similar software which may be used for accessing, modifying, deleting or damaging data files.
10. It is forbidden to use your Paynetics account and your Paynetics card:
а) for receiving cash payments (or supporting others in such an activity);
b) in contradiction with the applicable legal or bylaws normative acts, including but not limited to, the
ones related to money laundering, fraud, criminal activity, financial services or consumer protection;
c) in regards to a transaction which represents a forbidden transaction according to these General Terms and Conditions; or for trading or business purposes.
11. In regards to your Paynetics account which is available online, in case of your explicit agreement, given prior via a form and contents, determined by us, Paynetics accepts certain payment operations on the account to be initiated through a payment services carrier.
12. In regards to your Paynetics account which is available online, in case of your explicit agreement, given prior via a form and contents, determined by us, Paynetics accepts to provide information about the account through an information provider carrier about the account.
IV. Approval of payment operations
1. You should approve any transaction at the moment you initiate it.
2. The request for buyback will be deemed made by you when you contact us in order to request a buyback, as described in Section 13.2 of these General provisions.
3. The performing of a POS operation will be deemed ordered by you through the application phyre where, following the merchant instructions, you authorize the Payment transaction via the phyre app, by entering your phyre PIN and holding your mobile device against a contactless terminal with the purpose of making a payment.
4. It will be presumed that P2P transfers/QR Code payments/operations related to deposit of cash into a payment account via Special Cash Terminal in phyre, are processed by the account holder when:
а) For credit transactions – you fill in the payment order for a credit transaction by choosing the “Send money” button. Then, choose the “Credit Transaction” option and fill in the IBAN number of your Paynetics account, card holder name, international number of the bank account (IBAN) of the receiver, the monetary sum of the monetary operation, its currency, date of execution, reason (information meant for the receiver), additional clarifications, as well as to confirm the payment order by typing in the phyre PIN (something ONLY YOU should know) or by submitting your fingerprint signature on your mobile device’s sensor (it is also unique to you), or by executing facial recognition on your phone (again, unique to you ONLY). For your convenience, regarding certain services offered through the Application, the Application may generate an automatically completed credit transaction order, which you shall check and confirm, as described above. In order to successfully carry out a credit transaction, you must have successfully passed the identification level needed, as well as to have an existing, active Paynetics account with an IBAN.
b) In the case of P2P operations over 25 BGN/payments through a QR code – you choose the details of the Paynetics account you want to transfer money to (through the mobile number of the account holder or through scanning of a QR code, generated by the user whose account the money will be transferred to) and confirm the payment order by entering your phyre PIN (something ONLY YOU should know) or by submitting your fingerprint signature on your mobile device’s sensor (it is also unique to you), or by executing facial recognition on your phone (again, unique to you ONLY). In order to successfully carry out a P2P transaction, you and the receiver must have successfully passed the identification level needed and to have active Paynetics accounts. In the eventuality of the receiver not having a Paynetics account your payment order will NOT be carried out unless the receiver obtains an active Paynetics account. The monetary sum, along with the fees that are due, if any, will be blocked on your Paynetics account. In case of the sentence mentioned above, the receiver will be asked to undertake what’s needed for the activation of their Paynetics account in order for the sum to be received within 3 days of your payment P2P transaction. In the eventuality of the receiver not fulfilling this prompt, the payment order will be rejected and the monetary amount, along with any fees will be unblocked through your Paynetics fee.
(c ) when depositing money in a payment account through a Special Cash Terminal - select the service "Loading money through Cash Terminal" in the App, where the system will generate a one-time code, which will be displayed on the screen of the App. This code should be entered by you in the Special Cash Terminal, designated as Cash Terminal, and by entering it you agree and give an order for the amount paid by you, reduced by the respective fees, according to the application "Paynetics Fees and Limits" to be certified by your Paynetics account.
5. For operations, carried out via ATM and POS you give an order for a payment order to be carried out/presenting the card at the ATM or POS and entering your PIN on the ATM/POS’ keyboard.
6. For Internet operations: You issue an order to carry out the payment operations through filling in the card’s number, your name, the expiry date, as well as the CVC2/CVV2 code, along with the one-off code (3D secure), if such is required in the appropriate fields on the website; instead of a one-time code (3D secure) the facial recognition or fingerprint identification function can be activated - depending on the functionalities supported by your phone, or confirmation by entering a Phyre PIN, according to section VIII. For certain services for which you may have a subscription and have given your consent for automatically withholding from your Paynetics card over a certain period of time, you don’t have the right to return an item/service. Therefore, you must contact the merchandiser in order to cancel the periodical transactions.
7. You can withdraw or cancel your agreement of/on a certain transaction at any point until it is received by us. The agreement to carry out a transaction cannot be retracted or terminated by you after we have processed it. When there’s a settlement for a payment on a certain day between us and you, you can terminate it at the end of the said working day prior to the day of payment AT THE LATEST.
8. Your consent for transaction will be deemed received by us, as follows:
(а) for ATM and POS transactions and Internet operations – at the moment when we receive the instruction for payment by the merchant;
(b) for credit P2P transactions/QR code payments - the moment we receive your payment confirmation via the app;
(c) for requests for buyback – at the moment when we receive the request by you in accordance with Section XIII, point 2 of theses General Terms and Conditions.
(d) for operations related to deposit of cash into a payment account via a Special Cash Terminal - at the moment when we receive information about your order for depositing the respective amount through the respective Special Cash Terminal.
V. Blocking of your Paynetics account or Paynetics card and declining transactions from your Paynetics account
1. We may at any time discontinue, restrict or deactivate the phyre app or Paynetics card, or stop or restrict the access to your Paynetics account, or refuse to issue or replace phyre app or card, due to reasons related to the following:
(а) we are concerned about the security of the phyre app or of the Paynetics card which we have issued to you;
(b) we know or we suspect that your phyre app, your Paynetics card or your Paynetics account is used in an unauthorised, illegal or fraudulent way;
c) we have to perform it in order to be compliant with the law of any applicable jurisdiction or with the instructions given by a Card organization;
(d) we have been notified that your mobile device is lost or stolen as is described in detail in Section XI;
(e) if the contract between us was terminated as is described in detail in Section IX.
2. If that would not threaten the necessary and reasonable security measures and/or it would not be otherwise illegal, when it is practically possible, we will inform you about the actions as per article 1 by telephone or by email, indicating the reasons for stopping, restricting or annulment of your phyre app or Paynetics card, respectively for the stopping or the restriction of the access to your profile or for the refusal to issue or replace a functionality in the application phyre or Paynetics card. If it is not possible to inform you in advance, we will inform you immediately afterwards and we will make sure to indicate the reasons for that.
3. We will unblock your phyre app, your Paynetics card and/or your Paynetics account in the shortest possible terms, after the reasons for the blocking cease to exist and will inform you by telephone or by email, when we have unblocked phyre app, your Paynetics card and/or your Paynetics account.
4. We may refuse to execute a payment operation, if:
а) the balance available at your Paynetics account is insufficient to cover the amount of the operation and all applicable fees;
(b) we, on our own discretion, consider that you act in violation of the current General Terms and Conditions or the applicable laws, regulations and bylaws;
c) we consider that a certain transaction is potentially suspicious or illegal or that it violates the present General Terms or violates the applicable act, rules or provisions;
d) due to errors, defects (mechanical or other) or refusals by merchants, payment operators, card networks or payment schemes which process transactions;
e) we cannot verify your identity;
f) you don’t fulfill our reasonable information requests;
g) in case we have a reason to think that the security of your Paynetics account or Paynetics card was compromised in any way and that you and/or any other third person attempt to initiate or have already initiated illegal/unauthorized transaction through/to your Paynetics account and/or via Paynetics card.
5. In case we refuse to perform operation, except if informing you would compromise reasonable security measures or would be in any other way illegal, we will inform you at our earliest convenience and at any case by the end of the business day following the day when we have received a transaction request. For POS transactions we will usually inform you with via an error message on the contactless terminal of the trader and a receipt indicating that the payment was not made, although in some cases we may inform you by telephone or by email. An error message will appear for P2P transactions/QR code payments on the screen of the App which indicates that the payment has not been executed. You may contact us in order to ask for the reasons for our refusal to perform this transaction and for instructions on how you may correct the information that led to our refusal to approve the transactions. In case of cash deposit operations into a payment account through a Special Cash Terminal - an error message will appear on the screen of the Special Cash Terminal, indicating that the payment has not been made.
6. In case we block the account, we block all functionalities. They cannot be used in disintegrity. We don’t have specific clauses and we don’t guarantee that the digitalized cards will be accepted by the merchants.
7. You may correct any information which we have, and which may lead us to refuse a given transaction, by contacting us.
VI. Use the services the “Virtual wallet for Loyalty cards” and “Interactive viewing of offers” services:
1. In order to access and use the service Virtual wallet for Loyalty cards, you agree to provide your Loyalty card number issued by retailers or retailer chains, to your virtual wallet. Later the loyalty cards added by you may be used directly through the mobile application when purchasing at the cash register of the relevant retailer. When you add a Loyalty card number, you should provide full and reliable information. In order to use the service, you may not use a loyalty card which is not yours.
2. Interactive viewing of offers – the mobile application provides you with the functionality to view offers by retailers, retail chains or service providers. The offers are updated according to the schedule of the said merchant.
VII. Using the “Top Up services via credit transactions” and “Sending money to your own payment account” services:
Users can top up their account in the application by sending a credit transfer, including a bank transfer from their own payment account (including a bank account with an IBAN) to their own Paynetics account with an IBAN. Please, bear in mind that the bank/carrier of payment services from which the transaction is being carried out, most likely charges additional fees for this type of services.
VIII. Using the services „Virtual card“ and „Physical card“
1.All users who topped up their Paynetics Account request a free virtual card. They will be able to see the virtual card number, expiration date and CVV code only after typing in their phyre PIN.
2.phyre app users can block or unblock they virtual card from their mobile device.
3.The virtual card is linked to your Paynetics Account.
4. The phyre app users can buy a plastic card linked to their Paynetics Account. When ordering a Physical Card, you owe a fee for the card issuing. After ordering the Physical Card and paying the fee, the card is delivered within ten days via courier to the chosen address, sealed and inactive. The Physical Card issuing and delivery costs are listed in the "Paynetics Fees and Limits" annex.
5. After obtaining a Physical card, the user then owes a monthly fee for the card’s maintenance, depending on the chosen plan, in accordance with “Paynetics Fees and Limitations”.
6. By using the app, the user will be able to see the following data from their virtual or physical Paynetics card: Card number, Expiry date, CVV2/CVC2 code, The cardholder’s name. Due to security reasons the data becomes visible only after the user has entered PIN, via fingerprint or face recognition.
7. Our users can choose their card’s PIN through the app and to then see it, following the entry of their phyre Pin.
The user can change their PIN for their Physical card at an ATM through the app. Due to security reasons it is recommended to periodically change your phyre PIN in reasonable time intervals.
8. The Physical card’s validity has a duration of 3 (three) years from the date of issuing. The card then gets terminated automatically, following the expiry. In case the user wishes to renew their Physical card, following a notification from us in regards to its expiration, the said user needs to undertake the actions needed by providing a delivery address, as well as by paying the fee for issuing the new Physical card.
9. A user who has purchased a card along with their “Paynetics Account” can cancel the purchase up to 5:00 PM, within the working day on which the order was placed. In this case the expenses, paid for the issuing and delivering of the card will be refunded. If the order termination has been placed after the deadline, the expenses for the issuing and delivery will NOT be refunded.
10. The user can block/unblock their card through their mobile device. If the user doesn’t pay one or several monthly fees for maintenance of the Physical card, the card will be temporarily blocked by us, in accordance to Section V, p. 8 from the current General Terms until the owed monthly fees have been paid up to the date of the Physical Card’s blockage.
11. In order to secure additional safety when internet payments are carried out, Paynetics registers all cards, issued by the company, for the service Secure Payments on the Internet (3D Secure). The programs of cross-card organizations with the purpose of securing the service are: MasterCard Secure Code and Verified by Visa.
12. For Internet payments through merchant online pages that partake in MasterCard Secure Code, you will receive a text message on the phone number provided by you. It will contain a one-off code which will only be valid for 150 seconds. Entering the code for payment confirmation is an additional identification, other than the typing in of the CVV2/CVC2 codes from the card. Paynetics IS NOT responsible for any financial losses which result in the unlawful usage of the card online, in the eventuality of a third party obtaining knowledge of your confirmation code, caused by the carrier’s inability to deliver the notifications. Paynetics IS NOT responsible in the eventuality of you providing the wrong number, Paynetics DOES NOT partake in your contractual relationship with you and your mobile communication carrier. Paynetics DOES NOT partake in the settlement of arguments over delivery, price, warranty, insurance and others, as they are subjected to direct settlement between you and the trader.
13. The Paynetics card, physical or virtual, allows payment operations in relation to purchases or services, by the initiative of/via the Recipient. Your agreement with your card being used for payment operations by the initiative of/via the Recipient, is provided through the provision of the card’s identifying data (the card’s number, expiry date, CVC2/CVV2 code), through which you give the Recipient an agreement to initiate the execution of payment operation with your Paynetics card and for Paynetics to execute them. You will be bound with the consequences of those actions. In the instances in which you give permission for payment operations to be carried out with your card by the initiative of/through the Recipient remotely, including through the phyre app, you provide your agreement by filling in the card’s number, your name, the expiry date, the CVC2/CVV2 code, as well as a one-time code (3D secure), which you will receive with the purpose of giving your consent, and instead of a one-time code (3D secure) the facial recognition or fingerprint identification function can be activated - depending on the functionalities supported by your phone, or confirmation by entering a Phyre PIN.
In case you’ve provided your agreement for payment operations to be executed with your Paynetics card by the initiative of/via the Recipient, Paynetics carries out these operations, considering them to be regularly permitted by you, based on the agreement provided by you to the Recipient. We are not responsible for any damages or missed benefits from the execution.
14. In addition to the supplied above (p. 13) in cases of payment operations, connected to Paynetics cards, executed via the initiative of/via the Recipient, you have the right to ask Paynetics for a refund of the entire amount of a transaction already executed and permitted within 56 days from the date on which your Paynetics account has been charged, with the following conditions being fulfilled:
(a) up to the point of permission of the payment operation’s execution, its value has not been defined and
(b) the value of the payment operation exceeds the value you expect, considering your previous transactions for similar operations, the conditions of the current General Terms and other circumstances specific for the particular case (you can’t base your reasonings on currency exchange, when the reference currency, agreed with by Paynetics is provided. By Paynetics’ request you must provide evidence in regards to the terms in a) and b)
Within 10 work days of us receiving your request for a full refund, Paynetics will either perform the full transaction of the payment operation or will decline the refund by stating the reasonings for the decline, as well as the legal institutions you can express your objection, in case you don’t accept the reasonings provided. The refund includes the entire amount of the executed payment operation, with the value date of your Paynetics account’s certification is no later than the date on which your account was obliged with the monetary amount of the payment operation.
15. You are not eligible for a refund based on p. 14 when you have given your permission for the execution of the payment operation, directly to Paynetics and when applicable, Paynetics or the Recipient has provided or has secured you with the information of the upcoming payment operation based on an agreement at least 28 (twenty-eight) days before the date of its execution.
16. In case the User wishes to cancel their card, virtual or physical, it is needed for them to reach out to us on firstname.lastname@example.org
17. In case of theft/loss of the Physical card, the User is to announce the loss/theft through the app, after which the said card will be deactivated and destroyed.
18. The user will have the opportunity to ask for the Physical card’s reissuing after paying the needed fee, mentioned in the app “Paynetics Fees and Limits”.
19. The User has the opportunity to terminate their Virtual card through the phyre app. Through the Virtual card’s termination, the User has the opportunity to ask for the issuing of a Virtual card, following the payment of the fee, mentioned in the App “Paynetics Fees and Limits”.
VIII a. Use of the service "Purchase and activation of Electronic vignettes"
1. The non-payment service under this section and the additional functionality of the App, available through the menu "More" -> "Buy a vignette", allow you to purchase Electronic vignettes for a vehicle.
2. Through the Application you can purchase an Electronic Vignette for a vehicle of Category 3 (Car), representing road vehicles intended for the carriage of passengers, with not more than 8 (eight) seats, road vehicles intended for the carriage of passengers, goods and / or road vehicles intended for the carriage of passengers and goods, incl. with a trailer, with a technically permissible maximum mass not exceeding 3.5 points, as well as the road vehicles of this group with increased off-road, as well as for Category 3 (Trailer and Caravans).
3. The following information is required for the purchase and activation of an Electronic vignette:
- registration number of the road vehicle;
- the country in which the road vehicle is registered;
- the category of the road vehicle;
- the period of validity, respectively the starting date of activation.
After entering the specified data, the App will ask you to once again check the entered data, as well as to confirm that they are complete and accurate, as well as to declare that you are aware that Phyre is not responsible for incorrectly declared registration data, start date of activation or wrong choice of period of validity of Electronic vignettes and the amounts paid are not refundable.
4. Following the confirmation of the information under the previous item will the App allow you to switch to payment of the Electronic vignette. For your convenience, the App will generate an automatic payment order to make a Credit Transaction from your Paynetics account to a special phyre account for an amount equal to the value of the Electronic vignette you have chosen to purchase, which payment order you should check and confirm by the order specified in Section IV, item 3 of these General Terms and Conditions.
5. The application stores information about the Electronic vignettes activated by you, including the period of their activity and the date on which they have expired.
VIII b. Use of the service “Applying for a credit through the App”
1. The non-payment service under this section and additional functionality of the App, provides you the opportunity to apply for a credit and after its approval to utilize the credit amount with your Paynetics account in the App.
2. The credit limit for each user is calculated individually, and you can request the amount you want to be granted within this limit. After calculating your credit limit, the App will provide information about the deadline by which you can make requests for utilization of amounts under it. After the specified date, you will not be able to use more amounts than the limit and you will need to request a limit recalculation.
Utilization of amounts from the credit limit
3. After unlocking your credit limit and within the period specified in the App, you can apply for a credit for an amount not exceeding the amount of the limit for which you have received approval, as well as if there are no pending or rejected applications. After checking your creditworthiness by the Financing Institution and in case of approval, you will receive instructions regarding signing a credit agreement.
After successfully signing a credit agreement, the Financing Institution transfers the amount to your Paynetics account via the App. The amounts granted under this section can only be utilized with your Paynetics account and no other way of utilization is possible. For each new utilization of amounts under the limit, it is necessary to make a new request for their allocation.
Payment of installments
4. When choosing the option to pay an installment, the App will generate an automatic payment order to make a Credit Transaction from your Paynetics account to a payment account of the Financing Institution, opened with Paynetics, in the amount of the due installment, which payment order you should check and confirm, in the order specified in Section IV, item 3 of the current General Terms and Conditions.
5. The service "Applying for a credit through the App" is aimed at technically facilitating the communication between you and the Financing Institution, in connection with applying for a credit, the approval and the utilization and repayment of amounts on credits granted to you. Paynetics and Phyre are not parties to your credit agreement with the Financing Institution and are not liable to you in connection with the credit.
VIII c. “Payment of utility bills and liabilities to state and municipal administration”
1. The non-payment service under this section and additional functionality of the App allows you to receive information about your available liabilities to companies - providers of utility services or to the state and municipal administration, as well as to pay these liabilities directly from your Paynetics account. Information about the Supplier Companies to which you can make payments can be found in the App.
2. When choosing to make a payment, an automatic payment order will be generated to execute a Credit Transaction from your Paynetics account to the account of the respective Partner Company opened with Paynetics, for the value of the liability which you have chosen to pay, which payment order you should check and confirm, in the order specified in Section IV, item 3 of the current General Terms and Conditions.
3. The service “Payment of utility bills and liabilities to state and municipal administration” is aimed at technically facilitating the communication between you and your utility providers or with the state and municipal administration, in connection with the payment of your utility bills or liabilities. Paynetics and Phyre are not a party to your contracts with the utility providers and are not liable to you in connection with these contracts. The information about your available liabilities is provided by the Supplier Companies or by the state and municipal administration, and Paynetics and Phyre are not responsible for the correctness and accuracy of this information.
IX. Termination of the contract and annulment of your phyre app
1. The contract between us which is described in the current General Terms and Conditions will continue to be effective until its termination in accordance with this section.
2. You have the right to terminate the contract between us, described in the current General Terms and Conditions, at any time with a written notification to us. For the services provided remotely, you have the right to cancel the contract at any time of its effect.
You do not have the right to change your decision regarding the transactions already performed by you by using your Paynetics account or Paynetics card.
3. We retain our right to terminate the contract by sending a written notification to you, should you violate any part of these General Terms and Conditions, including one of the following conditions:
- you violate one of these General Terms and Conditions;
- if you have not paid fees you owed to us or have delayed payments;
- in the eventuality of death or permanent disability to work;
- in case of failure to provide information requested by us within a reasonable timeframe which is necessary for providing the services, specified in the current General Terms and Conditions;
- you use our services in a way that violates the rights of third parties or undertake any actions which would harm security or our reputation;
- you violate or try to violate the protection of our App, including but not limited to, you change or try to change any information, undertake unauthorized entries, unauthorized access or deletion of data as well as intervention in the service, system, host or network, any type of spam, hacking, falsification of data or other destructive or harmful actions or threatening of security in any way;
- In the eventuality of evidence that you use you use our services with the intention of fraud, illegal or unethical activity or you have permitted a third party to do so;
- In case of not using the app for over 6 months and if your payment account has a balance of 0 BGN;
- in case your phyreapp account already exists, through which you have successfully passed the verification procedure
4. Outside the cases as per article 3, we will have the right to terminate the contract with you due to any reason, by sending you at least a one-month written notification.
5. We may also terminate the contract with you immediately and/or terminate immediately your phyre app and the use of the services Paynetics Card and/or your Paynetics account, as well as the all other services offered via phyre app if we consider that your phyre app is being used purposely by you or someone else for fraud or other illegal purposes. If we do this we will inform you by telephone or email as early as possible, hence you will have to discontinue the use of your phyre app, and especially the service Paynetics card and your Paynetics account.
6. If we or you terminate the contract between us, as quickly as possible (and usually within 10 business days after you notify us about the termination of this contract) we will restore all remaining funds to the balance of your Paynetics account (after deducting all current transactions and applicable fees). Please pay attention that, in order to observe the applicable laws and regulation requirements, including the fight against money laundering and financing of terrorism, it may become necessary:
(а) to confirm your identity; and
(b) to receive the balance money in your personal bank account on your name, so you may have to tell us which of your accounts you prefer.
7. After the termination of the contract between us, you would not have the right of refunding of amounts which you have already spent for authorized or not settled amounts, or of any fees for using your account and card, executed before the termination.
X. Protection of the security of your phyre app and your Paynetics card
1. You must treat your phyre app, Paynetics account and Paynetics card, user identifiers, passwords and phyre PIN with the same level of care and diligence as if they were cash. You are obliged to not disclose them or to let them be used by anyone else.
2. If Your mobile device is lost or stolen or should you suspect that someone else has access to your phyre app or Paynetics account or Paynetics card or knows your identifiers as a user, password or phyre PIN, follow the instructions indicated in Section XI below. Please note that you may lose part or the entire balance in your account in the same way as if you lost money in your wallet, if you don’t observe our instruction for security and privacy of the access.
3. You have the full and complete responsibility for the setting of phyre PIN. phyre PIN should meet the following requirements:
- it should consist of four digits;
- at least three digits should be different;
- the digits should not be in digital order (for example 1234 would not be accepted as phyre PIN).
4. You should remember your phyre PIN and keep it secret at all times. You should never disclose to anyone your phyre PIN or other information related to the personal protection characteristics of the payment instruments on these General provisions. If you suspect that someone else knows Your phyre PIN, you should inform us immediately and to change it as soon as possible.
5. In case in your phyre app is entered 3 (three) consecutive times with an erroneous phyre PIN in attempt to authorize a transaction, in order to be sure that it is you that attempt to enter the profile of the application, we will block your profile and will request you send us a photo (selfie) with your identity card or passport where your face and document are clearly visible to establish your identity or will demand to conduct a video call. You can send the photo to the following email address: email@example.com. Within 3 business days we will unblock your profile and you will be granted access to the application.
6. We will have the right to deactivate every identification code you set, password or PIN, regardless of the fact that they are chosen by you or provided by us, at any time, if according to our reasonable opinion, you have not fulfilled any of the clauses of the current General Terms and Conditions.
7. We recommend that you check periodically the balance of your account and your transactions through the phyre app. We will provide you with a statement for recent transactions via the phyre app, you may wish to keep a screenshot of this statement for your archive. Your statement will show:
(а) information related to the identification of every transaction;
(b) the amount of every transaction indicated in the currency in which it was paid or debited from your Paynetics account;
(c) where applicable, the amount of every transaction after currency exchange (if such); and
(d) for every transaction – the date when your payment order was received by us, as described in Section IV of these General provisions.
8. When you change your mobile device, you should log out from your profile and delete the application phyre from the “old” mobile device.
9. Without prejudice to the other rules set out in this section, we expressly inform you that you are not allowed to provide anyone with the one-time code displayed on the screen of the App under any circumstances, when you have selected the service "Loading money through Cash Terminal" through the App. The provision of this code by you to any third party is prohibited and constitutes a violation of these Terms and Conditions with all consequent adverse legal consequences for you.
XI. Reporting of violations of the security and/or about unsolved or inaccurately carried out Transactions
1. In case you know or suspect that:
а) Your mobile device with your phyre app was lost or stolen, or
b) Someone else has access to your phyre app or the services provided by it, or
c) Your user identifiers, passwords or phyre PIN or any other information about the security has become known to a third person, you should notify us in written form to
email: firstname.lastname@example.org or on our chat service, available on phyre app from 10:00 and 22:00 h (Eastern European time zone) from Monday through Friday.
2. If you think that a transaction not authorized by you, has been already processed or that the transaction was executed incorrectly, you should contact us at our hotline for services available between 10:00 and 18:00 h (Eastern European time zone) from Monday to Friday or inform us immediately in written form to: email@example.com or via our chat service, available on phyre app. We may ask you to send us a form to dispute the transaction.
3. We will conduct an investigation regarding your statement that a certain transaction has not been authorized by you and when this is permitted by the law, we may collect a fee for that investigation.
XII. Reimbursement of funds from unauthorized or inaccurately executed transactions
1. In case you have notified us in accordance with Section XI, point 2 above about any unauthorized/inaccurately executed transaction, without delay and no later than 13 months from the date of their occurrence, you will have the right to be reimbursed for the funds for that transaction under the terms
indicated in this section.
2. If you have initiated a transaction and the recipient has not received the ordered amount we will immediately trace the transaction and will inform you about the result. Except if we manage to prove that the payment operation has been received by the provider of payment services of the recipient, we will reimburse the relevant amount of the inaccurately executed operation and will restore the balance of your account to the level which it would have if this specific transaction has not been made.
3. If we execute a payment operation in accordance with the information provided by you, we will not be responsible to you for the non-execution or inaccurate execution, in case it turns out that the information provided by you is untrue, inaccurate or incomplete. However, we will invest reasonable efforts to restore the funds related to that transaction and we will charge you for the expenses we have incurred.
4. If we are responsible for an incorrectly executed and/or unauthorized transaction, for which you have notified us in accordance with Section XI, point 2 above, we will restore the balance of your Paynetics account to the level which it would have if this specific transaction has not been made.
5. If an unauthorized transaction was executed resulting from fraud or when deliberately or with gross negligence you have not used the phyre app, Paynetics card or your Paynetics Account in accordance with these General provisions (including you have not respected your obligations for preserving phyre app, Paynetics account and Paynetics card, user identifiers, passwords and phyre PIN or any other security information), we will not reimburse the amount and you will be responsible for the entire amount of the unauthorized transaction and will bear all losses.
6. In case you have grounds for reimbursement of amounts on incorrectly executed or unauthorized transactions, we will reimburse them as soon as possible after receiving your claim or receiving additional information which we may request in order to investigate your right of reimbursement. If however, after the investigation, we have reasonable grounds to believe that the reimbursement in fact is not owed to you for whatever reason or that we have made unjustified reimbursement, we will have the right to request a return of the previous reimbursement and you will be responsible for any loss caused to us or to you from the use of the phyre app, of Paynetics card or to your Paynetics account.
7. When Paynetics acts as a carrier of payment services for the recipient and has not fulfilled the operation at all or has done so incorrectly, Paynetics will immediately refund the monetary sum by certifying the recipient’s account. Or, in case of a double transaction, the refund will be made so that the recipient’s account is in the same financial state as it was prior to the incorrect transfer.
8. When Paynetics acts as a carrier of payment services for the recipient and has fulfilled the operation incorrectly by certifying the wrong account, different from the unique identifier, indicated in the payment order or there has been a double transaction, Paynetics has the right to carry out a corrective transfer within 5 working days from the date of the certification, hence, the refund based on p.7. Paynetics can charge the recipient’s account when there are funds up to the subjected corrected monetary amount, enough to reimburse the sum subjected to a correction up until the final day of the deadline. In such eventuality, Paynetics will carry out a corrective transaction in the amount that is equal to the account’s balance at that time.
XIII. Buyback of the electronic money held on your account, stored on your account for electronic money
1. You have the right to request a buyback of the electronic money held in your Paynetics account. However, you do not have the right to buy back the amount of the preliminarily topped up credit, if there is such.
2. You have the right to cash the money on your Paynetics account (different from the ones on the Preliminarily topped up credit) at all times, completely or partially, under observation of the obligations in sections III, Point 22 and XIII, point 1 mentioned above.
3. In order to process your request for buyback we may request you to submit documents, evidence and other information in order to confirm your identity in line with respecting the applicable legal and regulation requirements.
4. We may also calculate a fee for the buyback if one of the following circumstances is present:
(а) you want a buyback before the expiring of the term of the contract with us;
(b) in case you have terminated the contract according to these General provisions before the agreed term of validity; or after expiring of one year following the termination of the contract with us.
5. The amount of the buyback fee is indicated in Annex “Paynetics fees and limits” which can be subjected to changes as time goes by.
6. We will refund the funds from your Paynetics account, and, at our discretion, we will have the right to transfer them to a personal bank account on your name which you used to top up your account with us. A buyback in cash or via cash withdrawal IS NOT permitted.
XIV. Our Liability
1. We will not be liable to you for damages and losses that have resulted from:
(a) any unauthorized transaction where you have acted fraudulently or when you deliberately and with gross negligence have not used phyre app and/or your Paynetics Account or Paynetics card in accordance with these General provisions (including your obligations for safe use of phyre app,
Paynetics card or your Paynetics account, user identificators, passwords and phyre PIN or other information related to the security);
(b) any transaction which we have executed in accordance with the information which you have provided us with, when it turns out that the information provided by you is incorrect (although we will invest reasonable efforts in order to restore the funds on this transaction);
(c) any unusual or irreversible circumstance beyond our control when we could not avoid the occurrence of its consequences, despite investing reasonable efforts for that;
(d) the refusal of a merchant to accept your Paynetics card (via the application phyre or otherwise);
(e) a defect of your mobile device or some other equipment, software or services which are necessary for the successful technical execution of certain operations and on which we don’t exercise control; or
f) the observance of the applicable legal or regulation requirements or the instructions given by a Card organization.
2. We will also not be held liable for:
(а) interruption of the activity; or
(b) loss of profits, reputation, future earnings or expected savings; or
(c) any loss or damage which does not originate directly from the violation of these General Conditions on our part.
(d) the quality and quantity of merchandise and services, purchased by you via phyre app;
(е) services provided by third parties other than Paynetics or Phyre, through or with the technical assistance of phyre app
3. We will invest reasonable efforts in order to provide you with phyre app, Paynetics account and Paynetics card but we will not be liable for losses and damages which occur if they or the phyre app are not accessible at all times or if the access is interrupted for reasons beyond our control.
4. Apart from the losses indicated in the paragraphs above (for which we are not liable) and in case of abiding by the requirements of LPSPU, as well as the paragraphs below, the maximum total amount of our liability to you for damages or in relation with these General Conditions, under all circumstances will be limited to the amount of 400 BGN for any 12-month period of the effective contract with us.
5. As a company for electronic money, Paynetics applies reliable measures in order to secure the uninterrupted, effective plans for urgent, unplanned situations, as well as a procedure for regular testing and supervision of the adequacy of the said plans. The same applies for the rules for security which protect the users of payment services against established risks, fraud or unlawful obtaining of sensitive personal data. Regardless, we cannot guarantee and or promise, whilst keeping in mind the possible actions and negative influence by third parties. phyre app will meet your requirements or that the operation of phyre app, Paynetics account and Paynetics card will be uninterrupted or without fault or that phyre app will not have any viruses, Trojan horses or other similar software which may be used for access, modification, deletion or damaging of files with data or other computer programs used by You, or that the defects in the application phyre will be corrected (although we will strive to assist you if you call us).
6. You are responsible for the configuration of your information system, computer programs and platform in order to get access to phyre app. We will not provide antivirus software, on your own judgement you may use your own antivirus software.
7. We will not be liable for any losses and damages caused by a virus, spreading of denial-of-service attack or other technological harmful material which may infect your computer or other device or equipment, computer programs, data or other patented material for the use of the application phyre over which we have no control.
8. You will use your phyre app, the Paynetics account and the Paynetics card at your own risk.
XV. Promotional and bonus programs
We reserve the right to organize promotional and bonus programs for our Users, to define the parameters for carrying out of the promotions as well as to change them and to terminate them at our own discretion without having any liability to the users of the application.
XVa. Electronic commercial communications
By accepting the current Terms and Conditions, you expressly agree to receive electronic commercial communications in the App, as well as electronic commercial communications at the email address provided by you, for products and/or services of Paynetics and/or phyre`s partners whose advertising brochures are being published in section "Offers" of the App.
If you do not wish to receive such electronic commercial communications, you can use the unsubscribe option to withdraw your consent.
XVI. Intellectual property and protection of the information
1. All rights on the intellectual property in phyre app worldwide are held by Paynetics and respectively phyre. The rights in the application phyre app are licensed (not sold) and you will not have rights in or to phyre app except the right to use it personally in accordance with the clauses of he current General Conditions.
2. All aspects of the phyre app, including the specific design and the structure of the different programs will be a part of our trading secrets and objects subjected to copyright. Therefore you agree not to spread, provide, copy or otherwise grant to third persons such trading secrets or materials protected by copyright, without our preliminary written approval.
3. All aspects of the Paynetics card and the phyre app, including the specific design, the mode of operation, the technical functionalities and the structure of the different programs, will be a part of the trading secrets of Paynetics and objects and right protected subject to copyright. Therefore you agree to not spread, provide, copy or otherwise grant to third persons such trading secrets or materials protected by copyright, without our preliminary written approval of Paynetics and/or phyre.
XVII. Changes in these General provisions
We (Paynetics and phyre) retain the right to change the General provisions at any time. We will take into account your interests, affected by the envisaged changes which we consider reasonable. The changes in the exchange rates will become valid immediately when they are to your benefit or resulting from the change in the reference rate of MasterCard for the relevant period. For all remaining changes we will send you at least two-month written notification by email or directly into your phyre app for any envisaged change in the General Conditions. You retain the right to disagree with them and not use the app.
2. Apart from the cases from p. 1 (mentioned above) we will leave at least 2 months at your disposal prior to other changes, and you’ll be notified via email. Should you disagree with the suggested changes, you must inform us via one of the contact methods prior to that change taking place. Otherwise, you’ll be considered in agreement with the aforementioned changes. If you have notified us that you do not accept the changes in the General Terms, you have the right to terminate your contract at any time prior to the date from which the changes will be effective. That way you won’t be required to pay any expenses.
XVIII. Fees and limits. Exchange rates
1. Detailed information about the fees and the limits related to your phyre app, your Paynetics card and your Paynetics account may be found in these General provisions and the Tariff hereto, contained in the Annex ”Paynetics fees and limits” which may be found through your phyre app or on the phyre website. All restrictions for the use of your phyre app, your Paynetics card and your Paynetics account are described in the Annex ”Paynetics fees and limits”, which may be found through your phyre app on the phyre website. By adopting of the General provisions and the activation of your phyre app you agree to pay all applicable fees related to the use the phyre app, your Paynetics Cards and your Paynetics account, as is indicated in these General Provisions and in “Paynetics fees and limits”.
2. When you finish the registration of your Paynetics account, you will have the opportunity to choose a default currency. The chosen currency will be your default currency for your Paynetics card and your Paynetics account and all due fees will be converted into it.
3. When you execute transactions in currency different from your currency by default, the transaction amount will be converted in your currency by default. The exchange rate will be determined on the day when the final settling of the transaction was made. The exchange rates which we will use for such transactions, will be the ones applied by MasterCard®. A fee will be applied for operations in foreign currency, as is described in the Annex “Paynetics fees and limits”
XIX. Your Personal Data and Contact Details
By adopting these General provisions you confirm that the information which you provide to us is true, precise and up-to-date. By adopting these General provisions you confirm that you will notify us immediately by contacting us at firstname.lastname@example.org, in case you change your personal data. You may also update your address and data for electronic mail by following the instructions in the phyre app. If we contact you regarding your phyre app, your Paynetics card or your Paynetics account, we will use the most recent contact data for you, which you have provided us with.
XX. Data protection and how do we use your personal information
2. If we suspect that false or incorrect information has been provided to us, we may record our suspicions together with any other appropriate information.
XXI. Transfer of rights
phyre and/or Paynetics may (through abiding all lawful requirements) transfer the right and obligations as per these General provisions to another company or person (including one to another, if it is legal) at all times, Your rights in accordance these General provisions not being affected. You will not have the right to transfer the rights and obligations as per these General provisions to another person or company without our written consent.
1. If you have a complaint regarding the mobile service for payments provided by phyre app, please notify us at the service email (email@example.com), in order to investigate the circumstances for you. We strive to process quickly and fairly all complaints we receive regarding the mobile service for payments provided by phyre app. Paynetics will respond to every complaint submitted in written form and/or through written answers sent to your email address, registered with us. Paynetics will inform you of our decision within 15 working days from the moment we receive the complaint. If we are unable to do so due to unforeseen reasons, you will be notified of the situation. In any case, the delay won’t exceed 35 days.
2. In case we don’t honor your complaint regarding the service for payments provided by phyre app, you may refer the dispute to the Conciliation Commission for Payment Disputes with the Commission for Consumer Protection in Bulgaria. The cooperation of the Commission can be requested after the disagreement is present at Bulgaria, Sofia, postcode: 1000, 1, Vrabcha Street, 4th floor, phone: +359 2 9330565, fax: +359 2 9884818, as well as on the website: www.kzp.bg and http://abanksb.bg/pkps, e-mail: firstname.lastname@example.org. When the disagreement is in regards to online sales or services the Electronic platform for online settlements of users’ disagreements can be used at: http://ec.europa.eu/odr.
3. In case you have a complaint regarding the application phyre app, you should contact phyre at email@example.com.
XXIII. Disputes with merchants
In case you have disputes regarding purchases executed via your Paynetics card via the phyre app, you should settle them with the person from whom you have purchased the goods or services. We will not be liable for the quality, safety, legality or any other defect of any goods or services purchased via the application phyre app. Do not forget that after using your Paynetics card in order to make a purchase via phyre app, we cannot stop this transaction and you owe us the relevant fees, if there are such.
XXIV. Partial invalidity
If a court or a competent authority establishes that a certain clause in these General provisions (or any part of any provision) is invalid, unlawful or non-applicable, this provision (or part thereof) will be deemed inexistent to the extent necessary but the validity and the applicability of the other provisions of these General provisions will not be affected.
XXV. Applicable law and language
These General provisions will be settled by Bulgarian law and will be subject to the exclusive jurisdiction of the Bulgarian courts. This English version of Terms and conditions should be considered only as a reference. The official and actual version of these Terms and conditions is only in Bulgarian and could be found here: https://www.phyreapp.com/bg/obshti-uslovia
Transitional and Closing Orders
1. These General Terms and Conditions were accepted with the decision of the Directors’ Board at Paynetics AD.
2. These General Terms and Conditions, together with the document ”Paynetics fees and limits” which is an integral part of the General Terms and Conditions, were altered, based on a decision by the Directors’ Board at Paynetics AD on March 12th, 2020.
2.1. The alterations accepted with the decision made by the Directors’ Board of Paynetics AD, dated March 12th 2020 in the current General Terms and Conditions, together with the document “Paynetics fees and limits” which is an integral part of the General Conditions, are effective as of March 18th 2020 onward for phyre app users, registered after March 17th 2020 and
- From 18.03.2020 for phyre app users registered after March 17th 2020 and
- From 19.03.2020 for phyre app users registered up to March 17th 2020 (March 17th 2020 INCLUDED)
2.2. Users registered for phyre app up to March 17th 2020 (March 17th 2020 included) are to be notified directly through their phyre app about the changes, accepted by the Directors’ Board of Paynetics AD on March 12th 2020, including the alterations in Annex “Paynetics fees and limits” which is an integral part of the General Terms and Conditions and will be abided by Article 62 from the Law on Payment Services and Payment Systems and
- A notification will be carried out within the time frame of no less than 2 months before the effectiveness of the changes, and
- The notification will be accompanied with information where the texts General Terms and Conditions and ”Paynetics fees and limits” can be found, and
- Users will be informed that they can accept or reject the changes before the date of effectiveness, and
- Together with the announcement Paynetics AD will inform the user that the latter has accepted the General Terms and Conditions, together with ”Paynetics fees and limits”, unless they notify Paynetics AD through one of the contact methods of their refusal to accept the changes, PRIOR to the date of effectiveness.
- Paynetics AD will notify its users that if they reject the alterations in the General Terms and Conditions, together with the document ”Paynetics fees and limits” with the notification of Paynetics they must do so at any time before the starting day of effectiveness. In this case the user can terminate their contract via a statement for termination without bearing any responsibilities for expenses.
2.3. Users registered for the phyre app up to March 17th 2020 (including March 17th 2020) who agree to the alterations in the current General Terms and Conditions and the document ”Paynetics fees and limits”, accepted with the decision of the Directors’ Board at Paynetics AD from March 12th 2020 will be notified that they need to pass the procedure in accordance with Identification Level 1. Unless passed, Paynetics AD retains the right to refuse transactions with the Paynetics card and account.
3. These General Terms and Conditions, together with the document "Paynetics Fees and Limits", which is an integral part of the General Terms and Conditions, have been amended by a decision of the Board of Directors of Paynetics AD dated 10.03.2021, in connection with the introduction of a new service: depositing cash in a payment account through a Special Cash Terminal. As the changes are in your favor and improve the protection of your rights as a user, they are related to changes in the limits set by us and the addition of new services in phyre app, these changes will take effect immediately, starting from 15.03.2021 for all Users registered in the phyre app, and the choice of whether to use the new services is entirely at your discretion.
4. These General Terms and Conditions have been amended by a decision of the Board of Directors of Paynetics AD dated 18.05.2021, in connection with the introduction of new services: the possibility to purchase and activate Electronic vignettes, the possibility to apply for a credit through the App and the possibility for payment of utility bills and liabilities to state and municipal.
As the changes are in your favor and are related to the addition of new services in phyre app, these changes will take effect immediately as of December 15th 2021 for all Users registered in phyre app, as the choice of whether to use from the new services is entirely at your discretion.
5. These General Terms and Conditions together with the document "Paynetics Fees and Limits", which is an integral part of the General Terms and Conditions, have been amended by a decision of the Board of Directors of Paynetics AD dated June 6, 2022.
5.1. The changes in the General Terms and Conditions are in connection with a change in the requirements for an available version of the operating system of the mobile device on which the Phyre App can be used and a change in the address and other contact details of the Conciliation Commission for Payment Disputes with the Commission for Consumer Protection in Bulgaria.
As the these changes are not related to changes of services or payment parameters, these changes will take effect immediately.
5.2. The changes in the document "Paynetics fees and limits", which is an integral part of the General Terms and Conditions, are related to the introduction of a new fee, namely the “Fee for garnishment administration (for each separate garnishment)” in the amount of BGN 10 in force
- from 24.06.2022 for Phyre App users registered as of 23.06.2022 and
- from 01.09.2022 for the users registered in the Phyre App until 23.06.2022 / inclusive /
The phyre payment services are provided by Paynetics AD - e-money institution licensed by BNB. The pricing model of phyre is regulated by the Paynetics fees and limits. Pricing is listed according to the wallet currency in the following sequence: BGN / EUR / GBP / RON.