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Public Offer (a contract for providing services related to the issuance and use of prepaid payment cards of Commercial Bank PLATINA LLC)

1. General provisions

1.1. This document is an official offer (public offer) of the Limited Liability Company Commercial Bank PLATINA (hereinafter — «the Bank»), operating under General license of the Bank of Russia ¹ 2347, to individuals (hereinafter — «the Customer») to enter into a contract for providing non-cash settlement services with the use of prepaid payment cards of the Bank.

The Contract is being concluded in accordance with Art. 428 of the Civil Code of the Russian Federation by accession to the terms and conditions of the Contract which are set forth below.

In accordance with p. 3, Article 438 of the Civil Code of the Russian Federation, the acceptance of the Offer is equal to conclusion of the Contract on terms and conditions set forth in the Offer.

Customer’s actions stipulated by this Offer shall be considered as complete and unconditional acceptance («the Acceptance») of terms and conditions of this Offer.

The Offer is published at the website www.platina.ru, in the Internet resources of the Bank’s counterparties, engaged in execution of the Contract, as well as in places of payment acceptance.

The Bank issues prepaid bank cards pursuant to the legislation of the Russian Federation.

1.2. The Offer shall apply to individuals.

1.3. In accordance with the procedures stipulated by the legislation of the Russian Federation, the Bank shall undertake to keep secret the information obtained from the Customers relative to the purchase and use of Cards.

1.4. The Customer shall agree not to use the Card for illegal purposes.

1.5. The Bank shall have the right to suspend operations of any Customer in accordance with the requirements of the Federal Law «On Counteracting Legalization (laundering) of Proceeds from Crime, and Terrorist Financing» of 07.08.2001, ¹ 115-FZ, and other normative acts.

1.6. The Bank shall be entitled to unilaterally make changes in this Offer having informed the Customers by posting such changes on the Bank’s website and on the websites of its counterparties, as well as in payment acceptance locations.

In case of disagreement with any paragraph of this Offer, please, refuse from using the services.

2. Definition of terms of the offer

2.1. Bank — Limited Liability Company, Commercial Bank PLATINA.

2.2. Prepaid payment card of the Bank (hereinafter — «the Card») — a Prepaid payment card issued by the Bank in electronic form. This is a payment instrument that provides its holder with the right to order the Bank to pay an amount of money for the benefit of a person indicated by the Customer in the amount of the Card’s Nominal Value (the Cards of international payment systems issued by the Bank do not refer to the specified Cards).

2.3. Customer — an individual who performed an action aimed at conclusion of the Contract for Bank’s services by acceptance of the terms and conditions hereof, who expressed an intention to purchase the Card and gave an order to make settlements with use of the Prepaid Bank Card as set forth in this Offer.

2.4. Bank’s Paying Agent — a non-credit organization, or an individual entrepreneur with whom the Bank concluded the Contract for accepting payments from individuals for the Bank’s services.

2.5. Nominal Value of the Card — a nominal value of the Card equal to the amount deposited by the Customer. The maximum amount of the Card’s Nominal Value is fifteen thousand (15,000) roubles.

2.6. Payment Terminal — an automated device designed for cash acceptance.

2.7. Payment Order — a Customer’s order to the Bank to make a payment in the name of the Bank using the Card details specified by the Cardholder in favour of a person specified by the Cardholder, in the amount of the Card’s Nominal Value.

2.8. Card’s Validity Period — the card is issued at the moment of a particular transaction using the Card and stays effective until the moment of rendering of the service by the Bank.

2.9. Card details — the information which includes the number of the Prepaid Card, and Card’s Nominal Value, as well as any other information required to make payments using the Card.

2.10. Payment recipient — an individual in whose favour the Customer gives to the Bank an Order about the Payment with the use of the Prepaid Card.

2.11. Payment acceptance locations — locations for installation of payment terminals and/or remote workplaces of the Bank’s Paying Agent configured to accept Payments, as well as carry out transactions using the Cards.

3. Subject of contract

3.1. The Customer, on the basis of the Contract concluded by the acceptance of the Offer, shall order the Bank and the Bank shall assume the obligation to render a service in issuance of the Prepaid card to the Customer, transfer of funds in non-cash form in its own name in favour of the Recipient, in the amount of the Card’s Nominal Value.

3.2. The Customer shall have the right to submit to the Bank orders for the Payment in favour of the Payment Recipient within one day to the total amount of not more than fifteen thousand (15,000) rubles.

3.3. The Payment order shall be irrevocable.

4. Rights and obligations of the bank

4.1. The Bank shall:

4.1.1. Provide to the Customer a service on issuing a Prepaid Card having notified the Customer about the Card Details by sending an SMS-message.

4.1.2. Execute Customer’s Payment Order in favour of the Payment Recipient in its name and not later than on the day following the day of giving the Payment Order. A receipt printed by the terminal or issued at the cashier’s of the Bank’s Paying Agent shall serve as a proof of receiving the Payment Order.

4.1.3. Participate in resolving disputes between the Customer and organizations participating in the settlements.

4.1.4. Return to the Customer the paid amount of money in case of impossibility to execute the Customer’s Payment Order, in the manner and on terms and conditions stipulated by the Contract.

4.1.5. Provide confidentiality of the information which became known to the Bank during performance of the Contract.

4.2. The Bank shall have the right to:

4.2.1. Refuse to provide services to the Customer in case of incompleteness or insufficiency of information or unreliability of the information contained in the Payment Order, as well as in case of violation of the requirement of p. 3.2. hereof.

4.2.2. Suspend the work of its software and/or hardware when detecting significant faults, errors and failures, as well as for the purpose of preventing the cases of unauthorized access to the resources.

5. Rights and obligations of the customer

5.1. The Customer shall:

5.1.1. Prior to the payment of funds, get acquainted with the present Contract and unconditionally accept its terms. Not to resort to the Bank services in case of disagreement with terms and conditions of the Contract.

5.1.2. Pay for the Bank’s services concurrently with the payment of funds.

5.2. The Customer shall have the right to:

5.2.1. Give Payment orders.

6. Return of funds

6.1. In case of impossibility to execute Customer’s Payment order, the funds shall be returned to the Customer in the manner stipulated by p. 8.

6.2. In order to return the funds, the Customer shall submit to the Bank a written claim and a copy of the receipt.

7. Liabilities of the parties

7.1. The Parties shall be liable for failure to perform or improper performance of this Contract in accordance with the legislation of the Russian Federation.

7.2. The Customer shall bear responsibility for any losses or any other negative consequences which the Customer experiences as a result of failure to perform or improper performance of their obligations hereunder.

7.3. The Bank shall not bear responsibility for the improper performance of the Contract, if such a failure was caused by non-performance of the Contract by the Customer.

7.4. The Parties shall be exempt from their responsibility for failure to perform or improper performance or their obligations hereunder if such non-performance was caused by force majeure circumstances arising after conclusion of this Contract as a result of extraordinary events which either Party could neither foresee nor prevent by any reasonable measures (force majeure).

8. Procedure for consideration of customers claims and dispute resolution

8.1. Any disputes arising from this Contract shall be settled using the complaint procedure on the basis of a written statement made by the Customer. The time period for responding to the claim shall be forty five (45) calendar days.

8.2. Customer’s claim should contain the following information:

  • date and time of occurrence of the circumstances due to which a claim was made;
  • conditions for the occurrence of such circumstances;
  • content of the Customer’s claim;
  • Customer information (full name, place of residence, contact telephone number);
  • details for funds transfer.

The claim must be accompanied by a copy of the receipt.

8.3. In the event the arisen dispute is not settled through the complaint procedure, it shall be subject to resolving through the courts pursuant to the legislation of the Russian Federation according to the Bank’s jurisdiction.

9. Additional provisions

9.1. By concluding the Contract on the terms and conditions of this Offer, the Customer thereby gives their consent for processing their personal information, in particular, for the performance of the following actions: gathering, systematization, accumulation, storage, specification (updating, change), use, distribution (including transmission), depersonalization, elimination, with a view to the execution hereof, as well as to meet requirements of standard acts for counteracting the legalization of funds obtained by illegal means. Such actions can be performed using automation facilities. The Customer also gives their consent for the transfer, for the purpose of performing actions under this paragraph, of their personal information to the third parties, given the existence of the contract properly concluded by and between the Bank and such third parties.

10. Final provisions

10.1. In everything that is not stipulated by the Contract directly, the Parties shall be governed by the legislation of the Russian Federation and customary business practices.

11. Bank information

11.1. Full name and details: Limited Liability Company Commercial Bank PLATINA. General License of the Bank of Russia No. 2347 for banking operations, Tax Payer ID number (INN) 7705012216, BIC 044585931, c/a 30101810400000000931 with the branch ¹ 2 of Moscow Central Territorial Department (MGTU) of the Bank of Russia.

11.2. Address: entrance 7, 12, Krasnopresnenskaya nab., Moscow, 123610.

11.3. Customer Support Service: tel +7 800 100 100 8; fax +7 (495) 967 02 08; e-mail address: support@cyberplat.com