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Terms and Conditions

By this instrument, the person identified and qualified in the Register, which is an integral part  of this Contract ("USER"); and BEETELLER INSTITUIÇÃO DE PAGAMENTO LTDA, enrolled in CNPJ nº 32.074.986/0001-30, with head office at Avenida Afonso Pena, nº 5723, sala 1805, Edifício Evolution Business Center, Chácara Cachoeira, CEP 79.031-010, Campo Grande, Estado de Mato Grosso do Sul ("BEETELLER BANK"); have entered into this Terms and Conditions of Use of BEETELLER BANK ("Agreement"), which shall be governed according to the rules and conditions below.

By electronically accepting this Agreement, by checking the "I have read and agree to BEETELLER BANK's Terms and Conditions of Use" box, the USER will automatically be adhering and agreeing to the terms and conditions of this Agreement and the Privacy Policy.

 

Use of the BEETELLER BANK System and/or performance of a Transaction shall be construed as full acceptance of this Agreement.

 

BEETELLER BANK may change the conditions of this Agreement from time to time, at its sole discretion, and the USER may, if he/she does not agree with the change, terminate it without any burden or penalty.

 

BEETELLER BANK is a Payment Institution regulated by Law 12.865/2013, and through the BEETELLER System, performs the management and custody of funds; opening of Payment Accounts; and performance of Payment and Transfer Transactions.

 

BEETELLER BANK is also an eFX service provider, in accordance with Bacen Circular 3691/2013, as amended by Bacen Resolution 137, and has as its main activity the intermediation of payments abroad, and may execute: (i) remittance of funds from the USER to Foreign Vendors, with the sole purpose of making the payment of International Purchases; and (ii) inflow of funds for payment to the USER of amounts owed by Foreign Vendors.

 

The updated version of this Agreement may be consulted at any time by the USER, by accessing the link: https://www.banking.beeteller.com/termos-e-condicoes
 

1.OBJECT AND DEFINITIONS

 

1.1 The object of this Agreement is the provision, by BEETELLER BANK, of: (i) International Payment Services; and (ii) Domestic Payment Services.

 

1.2The words and expressions below, indicated in this Agreement by the first capital letter, shall have the following definitions:

 

“Bacen”: Central Bank of Brazil

 

“Card”: instrument of payment of national or international use, in the modality of credit or debit, made available by the issuers in the form of a plastic card, by which the USER may make payments to BEETELLER BANK.

 

“Virtual Card”: virtual, non-physical payment instrument by which the USER may make payments to BEETELLER BANK.

“Registration”: form filled out by the USER on the Platform, containing his/her personal data and other information necessary for accreditation to the BEETELLER System and creation of the Payment Account.

 

“International Purchases”: purchases of Products from the Foreign Vendor by USER.

 

“Payment Account”: A payment account owned by the USER, destined for the loading, transfer and redemption of funds, whose values, converted into electronic currency, will be managed and held in custody by BEETELLER BANK.

 

“Agreement”: this BEETELLER BANK Terms and Conditions of Use, which is an electronic contract available at the link https://www.banking.beeteller.com/termos-e-condicoes and on the Platform.

 

“Exchange Company”: institution authorized by Bacen to operate in the foreign exchange market and to perform international fund transfers, which will be contracted by BEETELLER BANK for the performance of the Payment Order.

 

“Suppliers”: third parties that offer products and/or services to the USER by means of the Platform.

 

“Features”: technologies made available by BEETELLER BANK on the Platform, for the performance of Transactions and use of the BEETELLER System by the USER.

 

“Personal Information”: data provided by the USER for the effectuation of the Payment Order, in accordance with the necessary limits for each operation.

 

“National Currency”: official currency adopted by Brazil (Reais – R$).

 

“Foreign Currency”: the currency adopted and in effect in the country in which the Foreign Seller is located.

 

“Payment Order”: Remittance Order or Incoming Order.

 

“Incoming Order”: entrance of resources in Foreign Currency, for the account of the USER, for the receipt of returns relative to International Purchases owed by the Foreign Seller, which will be converted into National Currency by the Exchange Company.

 

“Remittance Order”: remittance of funds in Foreign Currency, for the account of the USER, for the payment of International Purchases owed by the USER to the Foreign Seller, which will be converted from Brazilian Currency to Foreign Currency by the Exchange Company.

 

“PIX”: a payment arrangement set up by Bacen, which disciplines the provision of payment services related to Instant Payment Transactions under the arrangement.

 

“Platform”: site https://www.banking.beeteller.com/ and/or application for mobile devices, available to the USER for: (i) the use of the Features and performance of Transactions; and (ii) the acquisition of Products sold by the accredited Foreign Vendors.

 

“Privacy Policy”: policy available at https://www.banking.beeteller.com/politicas-de-privacidade, which provides for the collection, use, storage, treatment, sharing, protection and disposal of USER information as a result of the use of the BEETELLER BANK System, and which is an integral part of this Agreement.

 

“Products”: goods and/or services marketed by the Foreign Seller through the Platform.

“International Payment Services” or “Efx Services”: services provided by BEETELLER BANK, as an Efx service provider, to make Payment Orders for the USER or Foreign Seller.

 

“Domestic Payment Services”: services provided by BEETELLER BANK to the USER, for opening the Payment Account, management and custody of funds and provision of the Functionalities for carrying out the Transactions.

 

“Third Party Services”: products and services available to the USER on the Platform, offered by Providers that have no link with BEETELLER BANK.

 

“BEETELLER System”: services related to the opening of a Payment Account and performance of Transactions by the USER.

 

“Transaction”: operation in which the USER performs the movement of his Payment Account, carrying out the loading of funds into his Payment Account; the transfer of funds to the Payment Account of other accredited USERS in the BEETELLER BANK System; or the redemption of funds held in the Payment Account.

 

“Foreign Seller”: legal or natural person, located abroad, responsible for the commercialization of Products through the Platform, which will be the final recipient of the resources submitted to the Shipment Order by the USER or original sender of Incoming Order (as applicable), and the Payment Orders may be remitted or received by the Foreign Seller directly or through a representative.

 

“USER”: the legal entity or individual that, by adhering to this Agreement, is enabled to perform Transactions through the BEETELLER BANK System.

 

2.INTERNATIONAL PAYMENT SERVICES

 

2.1 The International Payment Services provided by BEETELLER BANK, as an eFX service provider, enable the execution of the Payment Order issued by the USER in favor of the Foreign Vendors.

 

2.2 BEETELLER BANK's International Payment Services consist of:

 

(a) Hiring a Foreign Exchange Company to convert Brazilian Currency into Foreign Currency, for the execution of a Remittance Order to the Foreign Seller; and

 

(b) Hiring a Foreign Exchange Company to convert Foreign Currency into Brazilian Currency, for the receipt of an Incoming Order sent to the USER by the Foreign Seller.

 

2.3The International Payment Services begin upon USER adherence to this Agreement; and will remain in effect until the execution of the Remittance Order and/or Incoming Order, as applicable.

 

2.4The Shipment Order will be made based on the value of the Products purchased by the USER on the Platform, in Brazilian Currency, and it is up to the USER, before signing this Agreement, to confirm if the values presented on the Platform are correct, including eventual fees due to BEETELLER BANK and other costs and taxes.

 

2.4.1 If the USER does not agree with the values informed in the Platform, he/she should not confirm the Delivery Order.

2.5 BEETELLER BANK will keep the information related to the International Purchase and the documents resulting from the Payment Order for the period of 5 (five) years; the USER may, at any time, request the statement with the details of the transaction, through the available customer service channels, with a prior notice of 10 (ten) days.

 

2.6 BEETELLER BANK will be responsible for contracting with the Exchange Company, of its free choice, for the transfer and conversion of the funds submitted to the Payment Order.

 

2.7 When hiring the Exchange Company by BEETELLER BANK, the USER declares to be aware that:

 

(a) The Exchange Company is solely responsible for the price of the Foreign Currency it charges, as well as for the service fees that may be charged;

 

(b) BEETELLER BANK will use its own criteria to define the Exchange Company responsible for each Payment Order, which may vary according to the Platform and/or the location of each Foreign Seller;

 

(c) BEETELLER BANK is not responsible for any failures, interruptions and/or suspensions of the services offered by the Exchange Company, which may result in the non-realization of the Payment Order;

 

(d) The Exchange Company will be provided with the USER's Personal Information, to the extent necessary for the execution of the Payment Order;

 

(e) The entire hiring process may occur in the name of the USER, under the terms of the applicable legislation; and

 

(f) The Exchange Company, for any reason, may refuse to make a certain Payment Order, without any indemnity or penalty to the USER as a result of this cancellation.

 

2.8 BEETELLER BANK will contract only with Foreign Exchange Companies authorized to operate and practice the activities of international transfers and foreign exchange in the Brazilian territory, under the terms of the regulations of Bacen and the legislation in force.

 

2.9 The hiring of the Exchange Company will occur only at the moment when the USER's funds are available to BEETELLER BANK.

 

2.10 Each Payment Order will be made observing the maximum limit allowed by the legislation in effect.

 

2.10.1 The limit established may be altered by BEETELLER BANK at any time, by force of law, Bacen regulation or by its own criteria.

 

2.11 The Order for Shipment to the Foreign Seller will be in Foreign Currency, and will be subject to the operating rules, legislation and deadlines of the country in which the Foreign Seller is located.

 

2.12 The Order of Entry will be made based on the value in Foreign Currency received from the Foreign Seller, according to the exchange rate determined by the Exchange Company, and it is up to the USER, before entering into this Agreement, to confirm if the values received are correct.

2.13 The Payment Order will no longer be accepted by BEETELLER BANK when: (i) the USER provides incomplete or incorrect Personal Information; (ii) the Exchange Company or any other third parties involved (including national and foreign public agencies), for any reason, prevent the realization of the Payment Order; and/or (iii) there is evidence of fraud or suspicion or illicit act, according to the provisions of this Agreement and the current legislation.

 

2.14 BEETELLER BANK is not responsible for any issues involving the relationship between the USER and the Foreign Vendors, and the services provided are restricted to making the International Payment.

 

2.15 To make a Payment Order, the USER must provide his/her Personal Information, which includes (i) full name or company name; (ii) registration in the CPF or CNPJ; and (iii) other required data.

 

2.16 If Personal Information has been filled out on the Platform, the USER expressly authorizes that his/her information be made available to BEETELLER BANK.

 

2.16.1 In the above case, before using the International Payment Services, the USER must: (i) verify that the Personal Information is correct and updated; and (ii) accept this Agreement.

 

2.17 Whenever necessary, BEETELLER BANK, including by request of the Exchange Company, may request that the USER provide complementary information.

 

2.17.1 Furthermore, BEETELLER BANK may, at any time and even after the execution of the Payment Order, request copies of documents to check the veracity of the Personal Information provided by the USER.

 

2.18 The USER is civilly and criminally responsible for the veracity of the Personal Information provided, including before third parties.

 

2.19 BEETELLER BANK shall not be liable for errors or non-performance of the International Payments services if the Personal Information provided by the USER is inaccurate, untrue or out of date.

 

3. NATIONAL PAYMENT SERVICES

 

3.1 The National Payment Services provided by BEETELLER BANK, as Payment Institution, make possible: (i) the registration and accreditation of the USER to the BEETELLER BANK System; (ii) the creation of a Payment Account owned by the USER, enabling him/her to carry out Transactions; and (iii) the management and custody of the funds held in the Payment Account owned by the USER.

 

3.2 By means of the Platform, the USER will be able to use the Functionalities for: (i) load, move and redeem the funds available in his Payment Account; (ii) consult the balance of the Payment Account and statement of the Transactions; (iii) make transfers between USERS holders of Payment Account; (iv) make transfer order to bank account, of his ownership or of third parties (via TED, TEF, DOC or other available means); (v) make withdrawals in lottery houses, ATMs and authorized establishments, as available; (vi) issue bank slips for settlement in its Payment Account, after payment; (vii) make payments of bank slips and consumer bills; (viii) recharge prepaid services, including, but not limited to, mobile / fixed telephony, public transportation, application stores, among others; (ix) make instant payments through PIX, among other available Functionalities.

3.2.1 BEETELLER BANK may, at any time and without prior notice, exclude, alter or modify the Features available on the Platform. At the time of the USER’s adherence to this Agreement, one or more Features may not be available, and may be included later due to the expansion of the Services provided

 

3.3 The Services will be provided remotely, by means of a license to use the Functionalities made available to the USER on the Platform.

 

3.4 BEETELLER BANK, under its sole and exclusive responsibility, may subcontract third parties or enter into partnerships to render part of the services that integrate the BEETELLER BANK System, being fully responsible for such act.

 

3.5 The USER declares to be aware that, in the case of technology Services that depend on services provided by third parties, BEETELLER BANK may not be held responsible or assume any responsibility for failures, errors, interruptions, malfunctions or delays in the use of the Functionalities; not guaranteeing the maintenance of the BEETELLER BANK System and of the Functionalities in an uninterrupted manner, without moments of unavailability or slowness.

 

3.5.1 BEETELLER BANK will also not be responsible for: (i) intermittence or unavailability of the internet connection adopted by the USER; (ii) technical incapacity of the mobile device or operating system; (iii) unavailability of the Platform in the application store or internet browser used by the USER; and/or (iv) activities of persons not authorized to use the systems of the Platform

 

4. ACCREDITATION TO THE BEETELLER BANK SYSTEM

 

4.1 The registration to the BEETELLER BANK System will be carried out by the adhesion of the USER to this Contract, which will be effective by: (i) filling out the Registration; and (ii) electronic acceptance expressly manifested on the Platform.

 

4.2 To use the BEETELLER BANK System, the USER shall obligatorily complete the Registration, providing his/her personal data and information that may be requested on the Platform, being requested the information that will enable BEETELLER BANK to qualify the USER, as determined in the applicable regulations.

 

4.2.1 The information and documents requested at the time of Registration will allow BEETELLER BANK, under the terms of the applicable regulations, to appraise; evaluate; characterize; and classify the USER, in order to know his/her risk profile and economic and financial capacity.

 

4.2.2 In certain situations, at the discretion of BEETELLER BANK, the USER may have approved his/her Registration and opening of the Payment Account through a simplified qualification process. In this case, the balance and contribution of funds to the Payment Account will be defined by BEETELER. Eventually, other limits may be defined by BEETELLER BANK and informed to the USER. At any time, the qualification process may be completed and the limits may no longer be applicable.

 

4.2.3 Whenever necessary, including to enable the use of the BEETELLER BANK System to carry out Transactions in value and quantity above the established limits, BEETELLER BANK may request that the USER provide complementary information to that indicated in the Registration, as well as may, at any time, and at its exclusive criteria, request copies of documents to check the veracity of the information provided by the USER.

4.2.4 In the hypothesis that BEETELLER BANK verifies incorrect or untruthful data provided by the USER or, still, if the USER refuses or omits to send the requested information and documents, BEETELLER BANK may temporarily suspend access to the BEETELLER BANK System and impede the use of the functionalities until the regularization occurs.

 

4.2.5 BEETELLER BANK may, at its sole discretion, carry out research, in public or private databases, with the purpose of verifying the veracity of the data and information indicated by the USER in the Registration.

 

4.3 The USER is civilly and criminally responsible for the veracity of the information provided, including before third parties, being obliged to maintain his/her data updated with BEETELLER BANK.

 

4.3.1 BEETELLER BANK will not be responsible for errors or for the non-performance of the Services that make up the BEETELLER BANK System if the USER provides inaccurate, untrue or outdated information.

 

4.4 The USER, when completing the Registration or first access to the BEETELLER BANK System, shall register a login and a password to use the functionalities and carry out Transactions.

 

4.4.1 The use of the login and password are for personal, exclusive and nontransferable use by the USER, who must keep them confidential and not allow their access by third parties.

 

4.4.2 The USER, if a legal entity, undertakes to only give access to the login and password to its legal representatives, partners, administrators and/or agents with powers to enter into legal transactions on its behalf; being responsible, before BEETELLER BANK, other USERS and third parties, for all acts and transactions carried out through the use of the BEETELLER BANK System.

 

4.4.3 The USER must inform a valid e-mail and telephone number for communication with BEETELLER BANK; and any communication or notification sent by e-mail will be considered valid and effective between the Parties.

 

4.5 To use the Services provided by BEETELLER BANK, the USER, among other obligations set forth in this Agreement, must be: (i) an individual, older than eighteen (18) years of age and have a valid and regular registration with the Brazilian Internal Revenue Service; or (ii) a duly constituted legal entity, with headquarters or office in Brazil and have a valid and regular registration with the Brazilian Internal Revenue Service.

 

4.5.1 Due to the nature of the Services provided, BEETELLER BANK does not have conditions to verify the civil capacity and regularity of the USER, so that it will not be responsible for any losses that may be caused due to non-compliance with the conditions indicated above.

 

4.6 It is forbidden to use the BEETELLER BANK System and the execution of the Transactions to celebrate business: (i) considered as illicit, under the terms of the Brazilian legislation; (ii) that imply in violation of the National Financial System, the rules of the Central Bank of Brazil or the rules of the financial institutions, flags, acquirers and credit and debit card issuers; (iii) considered as financial crimes, with the intention of money laundering, terrorism financing and corruption, among other related crimes, even if indirectly; (iv) that do not represent a regular legal business and have the intention of fraud; or (v) that, in any way, cause losses to BEETELLER BANK, its partners, other USERS, Suppliers or third parties.

4.7 Transactions with indications or suspicions of fraud will be subject to non-processing or cancellation, even if carried out in a collusive manner or not by the USER.

 

4.8 BEETELLER BANK may suspend access to the functionalities and cease to carry out Transactions on the BEETELLER BANK System whenever it identifies or understands that the activity of the USER or the nature of the Transactions violates any provision of this Agreement or of the legislation in force; and may subject the USER to the cancellation of his/her accreditation and his/her immediate exclusion from the BEETELLER BANK System, regardless of any prior notice or notification, not generating to the USER any type of indemnity or compensation.

 

5. PAYMENT ACCOUNT

 

5.1 In order to use the National Payment Services, the USER authorizes the opening of a Payment Account of his/her own, individual and exclusive, which may be used by means of the Functionalities.

 

5.1.1 The opening of the Payment Account will occur by validating the data informed in the USER's Registration, personal data, e-mail, and telephone number.

 

5.2 The loading of the Payment Account will be done by one of the means available in the BEETELLER BANK System, of free choice of the USER, among which:

 

(a) Payment of a bank slip, by the USER himself - or a third party in favor of the USER -, with unique identification that allows the loading of the amount paid into the Payment Account;

 

(b) Bank transfer made by the USER - or third parties in favor of the USER - directly to the current account indicated by BEETELLER BANK, by means of TEF, DOC or TED operations;

 

(c) Receiving through transfers made by other USERS, within the BEETELLER BANK System, according to availability;

 

(d) Cash deposit, through lottery stores and other authorized correspondent establishments, according to availability;

 

(e) Financial settlement resulting from Transactions performed with credit or debit cards; and

 

(f) Instant payments and transfers made through PIX.

 

5.2.1 For the realization of payments and instantaneous transfers through PIX, the obligations and conditions foreseen in the Annex - Instant Payments, which is an integral part of this Agreement, will be applicable, which the USER must observe and fulfill.

 

5.2.2 BEETELLER BANK may, at any time, stipulate other ways for the USER to load the Payment Account by amending this Agreement and making it available through the Features.

 

5.2.3 With the loading of the Payment Account, by one of the allowed modalities, the resources will be available in the BEETELLER BANK System within 02 (two) business days; being possible for the USER, from then on, to make the Transactions by means of the Functionalities.

5.3 The funds deposited in the Payment Account may be used for transfer or redemption, by one of the means available in the BEETELLER BANK System, among which:

 

(a) Performing Transfer Transactions to the Payment Account of other accredited USERS in the BEETELLER BANK System;

 

(b) Redemption of resources, by means of transfer to the bank account owned by the USER;

 

(c) Charging a prepaid card issued to the USER, if available;

 

(d) Due to the purchase of products or services contracted on the Platform, if available;

 

(e) Payment of debits of the USER, at his/her request, by means of the Functionalities;

 

(f) Purchase of products or Services contracted on the Platform, including Third Party Services;

 

(g) Prepaid Service top-ups, including but not limited to mobile / landline telephony, public transportation, app stores, transportation apps, among others available on the Platform;

 

(h) Instant payments and transfers made through PIX; and

 

(i) Prepaid card loading, if available;

 

5.3.1 The transfer of funds between Payment Accounts within the BEETELLER BANK System will take place within one (1) business day of the Transaction taking place.

 

5.3.2 The redemption of funds, by means of bank transfer, will take place within 02 (two) business days after the Transaction has been carried out.

 

5.3.3 The Transactions made through the functionalities will no longer be accepted by BEETELLER BANK when: (i) there are not enough funds in the Payment Account; (ii) the USER fails to provide sufficient information or provides incorrect information to make the Transaction; and/or (iii) there is evidence of fraud or suspicion or illegal act, according to the terms foreseen in this Agreement and in the current legislation.

 

5.4 BEETELLER BANK will determine minimum and maximum value limits for loading the BEETELLER BANK Accounts and for making Transactions, which may vary according to the USER's Registration information, the type of Transaction, or other criteria defined by BEETELLER BANK.

 

5.4.1 The above criteria may be changed at any time by BEETELLER BANK, with five (5) days advance notice, and by publication on the Platform.

 

5.5 The funds credited in the Payment Account of the USER will be kept in a bank account owned by BEETELLER BANK, and, under the terms of art. 12 of Law 12.865/2013, (i) constitute separate equity, which does not mingle with that of BEETELLER BANK; (ii) are not directly or indirectly liable for any of BEETELLER BANK's obligations, nor may be object of seizure, sequestration, search and seizure or any other judicial constriction act due to debits under BEETELLER BANK's responsibility;

(iii) cannot be given as guarantee for debts assumed by BEETELLER BANK; and (iv) are not part of the assets of BEETELLER BANK, for purposes of bankruptcy or judicial or extrajudicial liquidation.

5.6 The burden or bonus resulting from keeping the funds in a bank account owned by BEETELLER BANK cannot be imputed to or claimed by the USER.

 

5.6.1 The funds held in the Payment Account, unless expressly agreed otherwise, will not suffer any kind of increase or change, such as monetary correction and interest, nor will there be the payment of any remuneration to the USER, regardless of the period they are deposited.

 

5.7 The amounts deposited in the Payment Account shall be used for payments and transfers, and shall be considered by BEETELLER BANK as funds in transit belonging to the USER.

 

5.8 The USER may not assign or encumber, in any way, the rights to the funds deposited in his/her Payment Account, without the prior written authorization of BEETELLER BANK, under penalty of ineffectiveness of the assignment or encumbrance before BEETELLER BANK.

 

5.9 The USER will have access to the Transactions made or pending payment by accessing the statement of his/her Payment Account, being able to view in the BEETELLER BANK System, the balance and history of the transactions. The availability of the balance and statement of transactions is characterized as accountability, for all legal purposes.

 

5.9.1 BEETELLER BANK will make available access to the Transactions made in the last twelve

(12) months, and after this period BEETELLER BANK is not responsible for the maintenance of the information, being the USER responsible for the control and filing, including the possibility of printing the available statement.

 

5.10 The USER assures that all funds in his/her Payment Account will come from legal and declared sources, exempting BEETELLER BANK from any responsibility.

 

6. TRANSACTION CANCELLATION

 

6.1 Complaints and disputes arising from any Transactions carried out in the BEETELLER BANK System shall be settled directly between the USERS and/or between the USERS and the Foreign Vendors; so that BEETELLER BANK shall be exempt from any liability, and without prejudice to the possibility of withholding and/or compensation in the manner provided for in this Agreement.

 

6.2 The USER declares and guarantees that he/she will be fully responsible for the truthfulness, precision and conformity of the information and values of the commercial relations related to the Transactions; answering, if the case, for the quality, quantity, security, adequacy, price, term, delivery, Functionality and guarantees of the products or services that originated the Transactions.

 

6.3 Cancellation of the Remittance Order may be requested from BEETELLER BANK up to the time of the transfer of funds to the Exchange Company.

 

6.3.1 After this transfer, the USER must request the cancellation directly to the Foreign Seller, in accordance with the rules and procedures published in the Platform.

 

6.3.2 If the Foreign Seller accepts the request made by the USER, he/she may request a refund from BEETELLER BANK, through a Ticket Order; and BEETELLER BANK will not be responsible for the difference between the value of the Payment Order and the value of the Ticket Order, if they are different.

6.4 The Payment Orders will be automatically canceled: (i) when their duplicity is verified; (ii) if there is the indication of incomplete or inaccurate information; (iii) in cases of evidence of irregularity or fraud; or (iv) in other cases provided for in this Agreement or in the current legislation.

 

6.5 The Payment Order may also be cancelled by BEETELLER BANK if: (i) for any reason, it is refused by the Foreign Exchange Company; or (ii) the rules applicable to the Seller's country prevent the execution of the Payment Order.

 

6.6 The USER assures that all funds used for the Payment Order will come from legal and declared sources, exempting BEETELLER BANK from any responsibility.

 

6.7 It is forbidden to use the International Payment services to purchase Products: (i) considered illicit and prohibited under Brazilian law; (ii) that imply in violation of the Brazilian Federal Revenue Service system, the National Health Surveillance Agency, Bacen regulations and customs rules; (iii) considered as objects of crimes of any nature, including money laundering, terrorism financing and corruption, among other related crimes, even if indirectly; (iv) that do not represent a regular legal business and have as intention the practice of frauds; or (v) that, in any way, will cause losses to BEETELLER BANK, its partners or third parties.

 

6.8 BEETELLER BANK may stop making the Payment Order whenever it identifies or understands that the activity of the USER or nature of the Payment Order violates any provision of this Agreement or the legislation in force in Brazil.

 

7. LIABILITY EXCLUSION

 

7.1 BEETELLER BANK shall under no circumstances be responsible for the Products sold by the Foreign Vendors, nor for the content and/or information described on the Platform, the services provided being restricted only to making the International Payments.

 

7.2 If there are divergences, failures, errors and/or any other problems in relation to the Foreign Vendors and their Products, the USER shall solve them directly with the Foreign Vendors, through the service channels available on the Platform, exempting BEETELLER BANK from any responsibility.

 

7.3The USER hereby states that BEETELLER BANK cannot be held responsible or assume any liability for failures, errors, interruptions, malfunctions, delays or other imperfections that may arise in the services provided in the scope of the International Payments, even if of the responsibility of BEETELLER BANK, the Exchange Company or its partners, not guaranteeing the maintenance of its systems in an uninterrupted manner, without moments of unavailability or slowness and in an error- free manner.

 

7.4 The USER declares to be aware that the execution of the Payment Order is conditioned to the effective receipt of funds by BEETELLER BANK, due to the credit performed: (i) by the financial institution responsible for the bank transfer or receipt of the bank slip through the Virtual Card; (ii) by the acquirers or subaccrediters that will perform the settlement of the transactions with the Card; or

by the Exchange Company that performs the transfer of funds resulting from the Entry Order.

 

7.4.1 BEETELLER BANK will have no responsibility due to the absence or delay in transferring amounts by third parties.

7.5 BEETELLER BANK, in no event, shall be liable for non-payment to the Foreign Sellers due to facts not attributable to them, including, but not limited to: (i) applicable legislation in the country of destination of the funds of the Remittance Order or of origin of the Entry Order, which may suspend, delay or prevent the settlement of the funds; (ii) impossibility of locating the Foreign Seller, according to the information provided by the Platform; (iii) errors in the Payment Order, for any reasons provided for in this Agreement; or (iv) refusal of the Exchange Company, for any reason, to perform the Payment Order.

 

8. HYPOTHESES OF RETENTION AND COMPENSATION OF RESOURCES

 

8.1 The USER acknowledges and agrees that BEETELLER BANK, in conformity with the provisions of this Agreement, shall have the right: (i) to retain the amounts held in the Payment Account of the USER to guarantee, in full, any payments that are due to BEETELLER BANK or to safeguard BEETELLER BANK against financial risks related to the obligations of the USER; and (ii) to offset, with the amounts held in the Payment Account, the debits, of any nature, of the USER with BEETELLER BANK.

 

8.2 BEETELLER BANK will proceed to the retention and compensation of the existing or future amounts held in the Payment Account of the USER, in the following hypotheses:

 

(a) When BEETELLER BANK understands that there is a high level of operational or credit risk associated with the history of Transactions made by the USER;

 

(b) If there is evidence of irregularity or risk of cancellation of the Transaction, due to complaints, challenges, or improper use of the BEETELLER BANK System;

 

(c) In cases where illiquidity, insolvency, request for judicial or extrajudicial recovery, request for bankruptcy, closing of activities or any other hypothesis in which the difficulty of the USER to comply with its contractual and/or legal obligations is characterized; or

 

(d) Whenever there is a breach of the obligations set forth in this Contract or in the legislation in effect.

 

8.3 If there is not a sufficient balance to pay the debits due, the USER will be notified by BEETELLER BANK to proceed with the immediate loading of his/her Payment Account, under penalty of characterizing his/her default, automatically and without the need for notice or any formality.

 

8.3.1 The absence or delay in payment of any amounts owed by the USER will result in the payment of a moratorium fine of 2% (two percent), monetary correction by the IGPM/FGV or another index that replaces it, and interest of 1% (one percent) per month, to be calculated on the amount owed.

 

8.3.2 The default of the USER will also cause the immediate rescission of this Agreement and the adoption of legal measures for the collection of the debt, including the inclusion of the debt before the organs of credit protection.

 

8.4 The USER will have a period of 90 (ninety) days to point out any divergence or inaccuracy in relation to the values posted in the Payment Account, as from the execution of the Transaction, debit posting or compensation. After this period, the USER will no longer be able to complain about the entries made, granting full and definitive discharge to BEETELLER BANK.

9. REDEMPTION OF FUNDS AND CLOSURE OF THE PAYMENT ACCOUNT

 

9.1 The USER may, at any time, provided that he/she has sufficient balance to pay the withdrawal fee, the applicable bank charges and the payment of eventual debts contracted with BEETELLER BANK, fully redeem the funds held in the Payment Account, as well as close it, upon request to BEETELLER BANK via the BEETELLER BANK System.

 

9.2 The redemption of funds will be carried out at the request of the USER, by means of the transfer of the net value and in national currency, in accordance with the forms established for the use of funds held in the Payment Account.

 

9.3 The USER is responsible for the accuracy of the data informed about the bank account of his/her ownership, exempting BEETELLER BANK from any responsibility for transfers made because of inaccurate or imprecise information that may be informed by the USER.

 

9.3.1 If it is not possible to redeem funds due to an irregularity in the indicated bank account, the respective values will remain withheld and will be maintained in the Payment Account until they are regularized by the USER, without the incidence of any onus, penalties or charges.

 

9.4 When due to technical and/or operational failure in the BEETELLER BANK System or in the banking BEETELLER BANK System, BEETELLER BANK may, without incurring any burden or penalty, exceed, by up to one (01) business day, the deadline established to effect the redemption of the Payment Account.

 

9.5 In the event that the date set for the redemption of funds is considered a holiday or a day when banks are not open, payment will be made on the 1st (first) subsequent business day.

 

9.6 Non-use of the Payment Account, defined as the absence of any use for a period of six (6) months, may result in the collection of an inactivity fee to compensate for the maintenance expenses incurred by BEETELLER BANK, which will be deducted from the existing balance in the Payment Account.

 

9.7 From the moment the USER has no balance in his/her Payment Account for more than 12 (twelve) months, his/her Payment Account will be closed by BEETELLER BANK upon 03 (three) business days notice.

 

 10. BEETELLER BANK COMPENSATION

 

10.1 In exchange for the provision of the National Payment Services, the USER will pay BEETELLER BANK the fees, fixed or percentage, incident on each Transaction carried out, in accordance with the values indicated in the Registration and/or available for consultation on the Platform.

 

10.2 The USER will pay BEETELLER BANK: (i) a fee for each Transaction performed on the BEETELLER BANK System; (ii) a fee for withdrawal of funds; (iii) a fee for inactivity of the Payment Account; (iv) Payment Account maintenance fees; (v) fees for the transfer of funds to a third party's current account (if available); and (vi) additional fees for other services that may be provided by BEETELLER  BANK and described in specific contractual instruments, cumulatively with the other fees.

 

10.3 For the collection of fees, including for additional services that may be contracted by the USER, BEETELLER BANK may, alternatively: (i) make debit entries in the Payment Account; or (ii) compensate the value of the debits with any other credits, present or future, due to the USER.

10.3.1 Without prejudice to the suspension of the services provided through the BEETELLER BANK System, if the USER fails to make the credit in his/her Payment Account, there will be the incidence of the moratorium charges stipulated in this Agreement.

 

10.4 BEETELLER BANK may readjust or change the value of the fees charged, previously informing the USER, by e-mail or previous disclosure on the Platform.

 

10.4.1 In case the USER does not agree with the new remuneration conditions, he/she can terminate this Agreement, without any onus or penalties. The non termination will be interpreted as consent in relation to the new values of the fees charged.

 

10.4.2 If new taxes are created or if the conditions for calculation and/or collection of taxes levied on the remuneration in effect are changed, BEETELLER BANK, upon ten (10) days' prior notice, will alter the amounts charged in order to reestablish the economic-financial balance.

 

10.5 BEETELLER BANK may institute other modalities of remuneration, including on the additional services that may be agreed upon in its own contractual instruments, by means of prior communication to the USER, with antecedence of 10 (ten) days.

 

10.6 The USER agrees that BEETELLER BANK, at its sole discretion, may sell, assign, pledge or otherwise dispose of the receivables arising from its remuneration, in no way prejudicing the USER's right to receive the net value arising from the Transactions.

 

11. PERIOD OF VALIDITY AND TERMINATION

 

11.1 In relation to the National Payment Services, this Agreement is concluded for an indefinite period, effective as of the date of its acceptance by the USER. With respect to International Payment Services, this Agreement shall terminate after the completion of the Remittance Order and, if any, the Incoming Payment Order, having been contracted between the Parties only for this operation.

 

11.2 This Agreement will be terminated at any time by the USER, by request through the Platform.

 

11.2.1 Once the closure is requested, BEETELLER BANK will verify, in up to 05 (five) working days, the existence of an eventual existing balance to transfer to the USER and close the Contract.

 

11.3 This Agreement may be terminated at any time by BEETELLER BANK, upon thirty (30) days advance notice to the USER.

 

11.3.1 The Agreement may be terminated by BEETELLER BANK if: i) after duly notified as to the inactivity of the Payment Account, the USER fails to comply with the activation rules and deadlines indicated in the respective notification; ii) there is an irregularity of a serious nature in the information provided by the USER.

 

11.3.2 The situations of inscription in the Individual Taxpayers' Register (CPF) or in the Corporate Taxpayers' Register (CNPJ) defined in the normative instruction of the Brazilian Federal Revenue Service as: i) 'suspended', 'cancelled' or 'null' in the case of the CPF; and ii) 'inapta', 'baixada' or 'nula' in the case of the CNPJ will be considered as being of a grave nature, among others.

 

11.4 Except for the hypotheses below, the termination of this contract will occur without the incidence of any burdens, charges, or penalties; except for pending obligations that must be duly fulfilled by the required deadline.

11.5 There will be the immediate and motivated termination of this Agreement, in the hypotheses of: (i) decree of bankruptcy, judicial or extrajudicial reorganization request or termination of activities of any of the Parties, at the sole discretion of the other Party; or (ii) the non-fulfillment of any obligation established in this Agreement that is not cured within the stipulated period or, in the omission, within ten (10) days counted from the notification or notice.

 

11.6 If the termination of the Contract occurs through the fault of the USER, it is hereby established that his/her access to the Platform and to the BEETELLER BANK System will be immediately blocked, with the suspension of his/her Payment Account and retention of the USER's credits for the necessary period so that the rights of BEETELLER BANK, other USERS and third parties may be safeguarded; without prejudice to the adoption of other necessary legal measures and the ascertainment and compensation for eventual complementary damages.

 

12. ADDITIONAL USER RESPONSIBILITIES

 

12.1 All taxes incident on the provision of the Services and in the license to use the functionalities made available in the BEETELLER BANK System are the exclusive responsibility of the USER, and BEETELLER BANK may discount the respective values from the USER's credits.

 

12.2 The execution of the bank transfer of funds, payment of the bank slip, among other operations, may be subject to the collection of tariffs, fees or charges, in accordance with the criteria and values established by the financial institutions; and BEETELLER BANK has no influence over the values charged to the USER.

 

12.3 The USER recognizes and agrees that the execution of the Transactions by the BEETELLER BANK System is subject to the application of the legislation in force, including the prevention of money laundering, financing of terrorism and fight against corruption; and the transfer of the values of the Transactions is subject to strict compliance with the applicable legislation.

 

12.4 To use the functionalities and access to the BEETELLER BANK System, the USER must have equipment (computer, smartphone, tablet or other similar devices) with internet access and in compatible conditions for its use, being the USER's exclusive responsibility to obtain, maintain and pay for such access and the necessary equipment (including taxes, tariffs or charges charged by the service providers). BEETELLER BANK will not be responsible for the non-performance of the Transaction due to the incompatibility of the equipment or the absence or failure in the access to the internet.

 

12.5 The USER undertakes to exempt BEETELLER BANK from any and all judicial or extrajudicial complaints or litigation arising from the use of the BEETELLER BANK System, including with regard to the USER's own activities and to issues related to legal business entered into by the USER outside the BEETELLER BANK System.

 

12.6 The USER is obliged to reimburse BEETELLER BANK for all amounts proven to have been spent in judicial actions or administrative processes that have been filed against BEETELLER BANK due to the non-compliance with obligations imputable to the USER.

 

12.6.1 BEETELLER BANK may retain the credits to be paid to the USER and offset them for the payment of debts arising from convictions, costs and procedural expenses, as well as attorney's fees.

 

12.7 BEETELLER BANK has a Privacy Policy that indicates how the USER's information is collected, used, stored, handled, shared, disclosed and protected. The USER should carefully read the Privacy Policy, which is an integral part of this Agreement.

 

12.8 The USER recognizes and agrees that the intellectual property of the functionalities is the full and exclusive property of BEETELLER BANK or of third parties that grant the right of use, and the USER is authorized to use the functionalities that are part of the BEETELLER BANK System during

the term of this Agreement, according to the terms and conditions established herein.

 

12.9 The USER recognizes and agrees that the intellectual property of the functionalities is the full and exclusive property of BEETELLER BANK or of third parties that grant the right of use, and the USER is authorized to use the functionalities that are part of the BEETELLER BANK System during the term of this Agreement, according to the terms and conditions established herein.

 

12.9.1 It is forbidden for the USER to: (i) copy or transfer in any way, totally or partially, any of the Features or information relating to the Features; (ii) modify the characteristics of the Features or perform their integration with other BEETELLER BANK System or software; (iii) copy the data extracted from the BEETELLER BANK System, except those relating to the Payment Account movements.

 

12.10 The USER undertakes not to infringe any rights relating to trademarks, patents, software, internet domain, industrial secret, or industrial property rights or copyrights of any services or Functionalities made available under this Agreement, as well as not to use the name, brand, logo or any type of distinctive sign of BEETELLER BANK or its partners, without prior written consent.

 

12.11 The USER recognizes and agrees that the intellectual property of the functionalities is the full and exclusive property of BEETELLER BANK or of third parties that grant the right of use, and the USER is authorized to use the functionalities that are part of the BEETELLER BANK System during the term of this Agreement, according to the terms and conditions established herein.

 

12.11.1 It is forbidden for the USER: (i) to copy or transfer in any way, totally or partially, any of the Functionalities or information relating to the Functionalities; (ii) to modify the characteristics of the Functionalities or perform their integration with other BEETELLER BANK System or software; (iii) to copy the data extracted from the BEETELLER BANK System, except those relating to the Payment Account movements.

 

12.12 The USER undertakes not to infringe any rights relating to trademarks, patents, software, internet domain, industrial secret, or industrial property rights or copyrights of any services or Functionalities made available under this Agreement, as well as not to use the name, brand, logo or any type of distinctive sign of BEETELLER BANK or its partners, without prior written consent.

13. THIRD-PARTY SERVICES

 

13.1 BEETELLER BANK may celebrate partnerships with Suppliers, enabling the USER to contract several services and products available on the Platform.

 

13.2 With regard to Third Party Services, BEETELLER BANK is a mere intermediary in the relationship between the USER and the Supplier, since the technology available on the Platform is intended to bring the parties together.

 

13.2.1 BEETELLER BANK will make available on the Platform information about the Suppliers, their products and services; enabling the USER to contract directly with such Suppliers.

 

13.2.2 To use Third Party Services, the USER may or may not be directed to a site or other platform. Furthermore, the Providers may require new information, documents and/or data related to the USER.

 

13.3 Since this is an intermediation activity, BEETELLER BANK has no interference in the conditions, prices and performance of Third Party Services, including the conditions of contracting, request for documents and other relevant acts. The Suppliers shall be solely and exclusively responsible for all matters related to the Third Party Services offered on the Platform.

13.3.1 BEETELLER BANK may not, under any circumstances, be held responsible for any claims arising from the hiring of Third Party Services, and the USER shall be responsible for directly contacting the Supplier responsible for their provision.

 

13.3.2 The Supplier will be exclusively responsible for all the information disclosed on the Platform about the Third Party Services, including images, their characteristics and respective prices, as well as for the quality, existence, quantity, safety, delivery and guarantee of what is promised; so that BEETELLER BANK will not exercise any control or inspection and will not have any responsibility for the Third Party Services and/or the veracity of the information made available on the Platform.

 

13.3.3 Furthermore, BEETELLER BANK is not responsible for the suitability, technical- operational and financial capacity of the Suppliers, acting only as a mere intermediary in its relationship with the USER.

14. THIRD-PARTY SERVICES

 

14.1 BEETELLER BANK may celebrate partnerships with Suppliers, enabling the USER to contract several services and products available on the Platform.

 

14.2 With regard to Third Party Services, BEETELLER BANK is a mere intermediary in the relationship between the USER and the Supplier, since the technology available on the Platform is intended to bring the parties together.

 

14.2.1 BEETELLER BANK will make available on the Platform information about the Suppliers, their products and services; enabling the USER to contract directly with such Suppliers.

 

14.2.2 To use Third Party Services, the USER may or may not be directed to a site or other platform. Furthermore, the Providers may require new information, documents and/or data related to the USER.

 

14.3 Since this is an intermediation activity, BEETELLER BANK has no interference in the conditions, prices and performance of Third Party Services, including the conditions of contracting, request for documents and other relevant acts. The Suppliers shall be solely and exclusively responsible for all matters related to the Third Party Services offered on the Platform.

 

14.3.1 BEETELLER BANK may not, under any circumstances, be held responsible for any claims arising from the hiring of Third Party Services, and the USER shall be responsible for directly contacting the Supplier responsible for their provision.

 

14.3.2 The Supplier will be exclusively responsible for all the information disclosed on the Platform about the Third Party Services, including images, their characteristics and respective prices, as well as for the quality, existence, quantity, safety, delivery and guarantee of what is promised; so that BEETELLER BANK will not exercise any control or inspection and will not have any responsibility for the Third Party Services and/or the veracity of the information made available on the Platform.

 

14.3.3 Furthermore, BEETELLER BANK is not responsible for the suitability, technical- operational and financial capacity of the Suppliers, acting only as a mere intermediary in its relationship with the USER.

15. GENERAL PROVISIONS

 

15.1 The USER declares to be aware and agrees that, regardless of the location from where he/she is using the services that integrate the BEETELLER BANK System, the relationship between the

Parties will always be governed by the Brazilian legislation.

 

15.2 The USER expressly authorizes BEETELLER BANK to use the information, even if relative to his/her Registration, Payment Account, current account and Transactions made in the BEETELLER BANK System, to form a database, preserving the individuality and identification of each USER.

 

15.3 The USER authorizes BEETELLER BANK to verify and exchange registration, credit and/or financial information about him/her nationwide, with financial or credit protection entities, including to make consultations to the BEETELLER BANK System of credit risk about eventual debits of liabilities of the USER and to provide the cited entity with information of registration data and credit information.

 

15.4 Under the terms of the applicable legislation and the Privacy Policy, the USER agrees that BEETELLER BANK or any of its partners may send messages of an informative or advertising nature.

 

15.5 BEETELLER BANK will assist and cooperate with any judicial, regulatory or public authority that may request information, and may, in this case, provide any information about the USER in relation to the use of the Platform.

 

15.6 The Parties elect the Forum of the City of Campina Grande / PB as the only competent to settle issues arising from this Agreement, expressly waiving any other, however privileged it may be.

 

15.7 Any questions regarding this Agreement may be sent to BEETELLER BANK by e-mail at suporte@beeteller.com or through https://www.beeteller.com/.

 

Version updated on July 20, 2023.


 

BEETELLER INSTITUIÇÃO DE PAGAMENTO LTDA.
 

ATTACHMENT - INSTANT PAYMENTS

This attachment ("Attachment") is an integral and inseparable part of BEETELLER BANK's Terms and Conditions of Use ("Agreement") and is intended to establish the conditions for the execution of Transactions within the PIX, by the USER.

1.OBJECT

1.1.The object of this Annex is the provision of instant payment services by BEETELLER BANK, to enable the performance of Instant Payment Transactions by the USER, within the scope of the PIX.

1.2.The USER will be able to carry out transactions for the transfer or receipt of funds, during 24 (twenty-four) hours a day and on all the days of the year, through PIX.

1.3.BEETELLER BANK will make it possible for the USER who intends to make Instant Payments to choose one of the available means for sending or making previously available information, being: (i) Pix Key; (ii) Dynamic QR Code; (iii) Static QR Code; and (iv) Payment Transaction Initiation Service, if available.

1.3.1."Pix Key" shall mean: information related to the holder of a Payment Account that allows obtaining the information stored in the Transactional Account Identifier Directory ("TAD") about the receiving USER and his/her Payment Account, for the purpose of facilitating the process of initiation of Transactions by the paying USER and to mitigate the risk of fraud under PIX.

1.3.2.Dynamic QR Code" is a two-dimensional bar code, capable of carrying a larger quantity of information when compared to traditional bar codes, generated by the receiving USER to initiate one or more instant payments within the scope of PIX, whose Transaction information is outside the QR Code encoding and that presents an extensive list of functionalities that may be configured by the receiving USER.

1.3.3.Static QR Code" is a two-dimensional bar code, capable of carrying a larger quantity of information when compared to traditional bar codes, generated by the receiving USER to initiate one or more instant payments within the scope of PIX, whose payment transaction information is within the QR Code encoding and that presents few functionalities that may be configured by the receiving USER.

1.3.4.Payment Transaction Initiation Service" means the service that enables the initiation of a payment transaction instruction, ordered by the end USER, in relation to a prepaid payment account.

1.4.The USER will be able to receive instant payments on PIX, using one of the means indicated above.

1.5.The USER will be able to register his Pix Keys with BEETELLER BANK in order to simplify his identification and to facilitate the realization of Instant Payments on PIX.

1.5.1.The USER can register the Pix Keys, in accordance with the limit stipulated by Bacen (being up to 05 (five) keys for individuals and 20 (twenty) keys for legal entities), which will be identified by means of: (i) CPF/CNPJ number; (ii) cell phone number; (iii) e-mail address; or (iv) random key (sequence of letters and numbers randomly generated by Bacen).en).

1.5.2.The USER's Pix Keys may, by prior communication with 07 (seven) days in advance, be carried for the identification of the Payment Account or bank account with another payment institution or bank.

1.5.3.Also, the USER may claim the possession of a Pix Key linked to the account of another PIX user, by means of a request duly justified and accompanied by the documentation that proves the claim. The claim will be analyzed within 14 (fourteen) days.

1.5.4.The PIX Key may be deleted, without the need for prior notification, if BEETELLER BANK verifies that the USER has committed any fraudulent act in relation to its use.

1.6.The performance of Transactions through PIX may result in the collection of an additional Fee, in a previously informed amount; in compliance with the conditions established by Bacen for payment exemption.

1.7.The USER may carry out Transactions through Pix collection, through the availability of QR Code, which allows the receipt of payments with immediate maturity or at a future date, and may include interest, fines, accruals, discounts and other rebates ("Pix Collection").

 

1.7.1.BEETELLER BANK will make available the functionalities related to Pix Cobrança, according to the conditions foreseen in the Bacen norms, so that the USER can manage and receive its collections in a facilitated way.

1.7.2.The USER shall be solely responsible for the amount, date, charges and condition of payment related to Pix Collection, undertaking to resolve any doubt or pendency directly with the paying user, so as to exempt BEETELLER from any liability.

1.7.3.If Pixrança is due at a future date, the USER is aware that the Transaction will only be settled if the paying user has sufficient balance with his service provider on Pix; there is no guarantee that the payment will occur on the due date.

1.8.The PIX Transactions will have limits of value established by Bacen, according to the applicable rules; or by BEETELLER BANK itself, according to its risk criteria. BEETELLER BANK may, at any time, reduce the limits of the USER in order to mitigate the risks of fraud or prevent illicit acts related to money laundering or financing to terrorism, observed the parameters determined by Bacen.

2.USER STATEMENTS AND AUTHORIZATIONS

2.1.The USER declares to be aware that, in the terms of the PIX regulation and other norms instituted by Bacen:

a.BEETELLER BANK will be responsible for the execution of the Transactions through the PIX, by transmitting the data to the service provider responsible for settlement under the PIX;

b.PIX transactions can only be performed if funds are available in the Payment Account;

c.The settlement of the transfer, receipt or return Transactions, the registration or claiming of Pix Keys and the other services related to PIX, will be provided by BEETELLER BANK, as an indirect participant in PIX and DICT;

d.The systems of PIX and/or the service provider responsible for settlement may be unavailable at certain periods, regardless of prior notice, including in the case of scheduled maintenance, making it impossible to execute Transactions in a given period.

2.2.For the execution of the Transactions by PIX, return of the Transactions and registration and consultation of the Pix Keys, the USER hereby expressly consents to the collection, processing, and transmission of the information to the service provider that will be responsible for the settlement of the Transactions and execution of the other necessary acts before PIX, including access to the Pix Keys in the DICT database.

2.2.1.The USER's information may also be shared by BEETELLER BANK to enable the execution of payment services.

3.SPECIAL RETURN MECHANISM

3.1.The USER may, in accordance with the rules instituted by Bacen: (i) request the return of the value of a Transaction by PIX; or (ii) have the value held in the Payment Account blocked, due to a return requested by another user within PIX.

3.2.The USER may request the return of a Transaction only in cases where there is a technical or operational failure in the BEETELLER BANK system or the practice of fraud by the user receiving the Transaction; being forbidden to request the return of a Transaction due to any breach of the obligations that gave rise to the Transaction (in the hypotheses of commercial disagreement, absence or delay in the delivery of products or services, divergences in relation to price or payment conditions, among others).

3.2.1.The return of the Transaction must be requested by the USER until the period of 90 (ninety) calendar days - or another period that will be established by the Central Bank - as from the date on which the Transaction was carried out.

3.2.2.Requests for return will be made on the Platform or by contacting BEETELLER BANK's service channels; the USER must send all necessary information (such as return request, reason and value). 

3.2.3.Due to the request of the USER, BEETELLER BANK will notify the bank or payment institution that has ties with the receiving user, communicating the systemic failure or the suspicion of fraud (as applicable). It will be up to the institution to evaluate the request, by their own criteria and in accordance with the guidelines of the Bacen; they may or may not block the funds (as long as there are funds available in the bank account or payment account of the receiving user).

3.2.4.The request for the return of funds will be carried out in accordance with the procedures, deadlines and limits applicable, in the terms of the norms instituted by Bacen, so that the USER declares aware and agrees that:

a.The request for return does not guarantee the refund of a Transaction value, since the Special Return Mechanism only enables the opening of a dispute within PIX;

b.The request may be rejected if there is no effective proof of systemic failure or fraud, according to the verification that will be carried out preliminarily by BEETELLER BANK and, subsequently, by the institution that has a relationship with the receiving user;

c.It will not be possible to request a return after the expiration of the deadline provided for in the applicable rules;

d.A refund request cannot be made for certain Instant Payment modes; and

e.Failure to send the requested information and documents will result in the cancellation of the application.

3.2.5.Once the evaluation is concluded, if the institution linked to the receiving user proceeds to return the funds, BEETELLER BANK will make the credit in the USER's Payment Account.

3.2.6. The USER may request cancellation within a period of up to 30 (thirty) days from the return request.

3.2.7.The USER will be responsible for the veracity of the information provided, undertaking to only request the return of a Transaction when there is proof of fraud or systemic failure. The USER will assume full responsibility for the requests made in the scope of the Special Return Mechanism, committing to reimburse BEETELLER BANK and the participants and users of the PIX for the losses that may be caused due to unfounded requests or the incorrect sending of information.

3.3.The USER acknowledges and agrees that BEETELLER BANK may refund the amounts resulting from the Transactions through the Special Return Mechanism, in cases where: (i) there is reasonable suspicion of the use of PIX for the practice of fraud, according to the investigation carried out by BEETELLER BANK, on its own initiative or due to the receipt of complaints from other users of PIX; or (ii) operational failures are found in the system of any participants involved in the Transaction.

3.3.1.To enable the verification of the fraudulent conduct or systemic failure, BEETELLER BANK may perform the precautionary block, through the retention of the funds held in the Payment Account of the USER, in accordance with the term and the rules established by Bacen and policies instituted by BEETELLER BANK.

3.3.2.The blocking will be carried out by the value of the Transaction that is the object of the return, and it may fall on the existing balance or that resulting from other future Transactions made by the USER.

3.3.3.If there is evidence of fraud or systemic failure, the Transaction will be automatically cancelled and the funds will be returned to the paying user. If BEETELLER BANK verifies the regularity of the Transaction, the blocked funds will be released, upon communication to the USER.

4. USE OF PIX BRAND

4.1.The USER is aware and agrees that the mark "PIX" ("Pix Mark") is owned by Bacen, does not grant the USER any ownership rights or other benefits relating to the mark and must be used in the strict terms authorized by it, both in accordance with the regulation PIX as the brand manual, being forbidden to convey the Pix Mark in a smaller size than the marks, symbols or logos of other accepted Payment Instruments, so, may request to BEETELLER BANK the appropriate final art for use of Pix Mark. It is also forbidden to convey the impression that Pix has a more restricted or less advantageous acceptance than other accepted Payment Instruments.

4.1.1.USER shall also not: (i) claim any rights over the Pix Mark; (ii) question the ownership of Bacen over the Pix Mark; (iii) register or attempt to register a company name, trade name, logo or any internet domain name containing reference to the Pix Mark; (iv) associate the Pix Mark with any products not related to the PIX arrangement; or (v) use the Pix Mark beyond the limits provided for in the PIX regulation and respective manuals instituted by Bacen; (vi) use the PIX Mark in such a way as to entail damages to Bacen or the PIX arrangement.

4.2.USER shall immediately communicate, through the communication channels indicated on the Platform, whenever USER becomes aware of the improper use, attempted copy or infringement of the rights arising from the Pix trademark.

5.END OF SERVICES

5.1.This Attachment may be terminated if BEETELLER BANK chooses to discontinue providing the Transactions services through PIX.

 

5.1.1.If the PIX Transaction services are no longer provided, the USER will be informed, with thirty (30) days' notice, so that he/she may request, at his/her sole discretion: (i) the exclusion of the Pix Keys before BEETELLER BANK; or (ii) the portability of his/her Pix Keys to another financial or payment institution.

5.1.2.Failure to take the measures indicated above, within the stipulated period, will result in the automatic cancellation of the Pix Keys linked to BEETELLER BANK.

5.2.The Agreement and this Annex shall be terminated, immediately and by operation of law, if fraud or any irregularities are found in the performance of the Transactions by PIX or the use of the Pix Keys.

6. GENERAL PROVISIONS

6.1.The USER declares to be aware that, in the terms of the PIX regulations and other norms instituted by Bacen, the systems of PIX and/or of the service provider responsible for the settlement of Transactions may be unavailable in certain periods, regardless of prior notice, including in the case of scheduled maintenance (carried out between 08:00 pm and 08:00 am), making it impossible to carry out Transactions.

6.2.BEETELLER BANK may, at any time and at its sole discretion, change this Attachment. Any changes to this Attachment will be communicated through BEETELLER BANK's communication channels. By continuing to perform Transactions through PIX, the USER agrees to the changes.

6.3.All conditions set forth in the Agreement (including definitions) apply in full to this Annex, except where this Annex stipulates more specific obligations.


 

Version updated on July 20, 2023.


 

BEETELLER INSTITUIÇÃO DE PAGAMENTO LTDA

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