Terms & Conditions


POS PURCHASE TERMS
1. Scope
 
This Agreement exclusively covers all product sales of Viva Online Services SA (hereinafter called Viva), a sole proprietorship with registered office in Marousi, Attica, at 18-20 Amarousiou Chalandriou Ave.151 25, with TIN 998988329/Tax Office: Athens Tax Office for Societes Anonymes, as these products are available for sale on the website www.vivawallet.com belonging to Payment Institution Viva Payment Services SA, in accordance with Law 3862/2010. Any user that accesses and uses the Viva e-shop services is considered to have read, understood, consented to and unreservedly accepted the terms and conditions herein stipulated without any exceptions whatsoever. If a user does not agree with these terms and conditions, they should refrain from using the e-shop and from transacting therewith. Placing an order with Viva entails unreserved acceptance of this Agreement and all of its terms and conditions.
2. Object of VIVA e-shop & Conditions of product use
 
The POS category products that are available for sale on the Viva e-shop (hereinafter called the products) exclusively pertain to payment terminals for cards (credit, debit and prepaid). The products satisfy the requirements published in detail for each product on the Viva e-shop, which you are requested to carefully read before placing an order. The products are exclusively intended for Businesses and Freelancers to be used solely and exclusively in their commercial or freelance activities in the context of which they wish to accept payments by card. The products operate exclusively with the Payment Services provided by VIVA PAYMENTS. Registration and identification as a Merchant and maintaining an effective cooperation agreement with VIVA PAYMENTS is prerequisite for the use of the products in order to accept payments by card, in accordance with the terms and conditions published from time to time on www.vivawallet.com. Rejection of your request by VIVA PAYMENTS and/or interruption of the payment services to your Business in part or in whole, at any time and for any reason, shall render you fully unable to use the products supplied to you. In this case, neither Viva nor VIVA PAYMENTS shall be held liable for compensation. Therefore, it is recommended that you complete the registration and identification procedure with VIVA PAYMENTS before purchasing the products. Resalling, transfer of ownership as well as transfer of the right of use of the product is strictly prohibited without Viva’s prior written consent. For security reasons Viva reserves the right to interrupt immediately the clearing process of all transactions made with products that were sold το Businesses and Freelancers through third parties without Viva’s written consent.
3. Orders
 
Orders shall be exclusively written and placed online by filling out and sending the relevant Order Form that can be found on www.vivawallet.com. Your order will be considered received by Viva on receipt of a confirmation email. Notifications on order status will be displayed on your screen and sent by e-mail to the e-mail address you have entered. During the processing of each registered order, the availability of the product stock you ordered will be confirmed. If the availability differs from that indicated on the product page, you will receive a relevant notification. You are required to review the confirmation e-mail and immediately inform Viva in writing (within 2 hours at the latest from receipt of the confirmation e-mail) of any errors, otherwise the details mentioned in e-mail will be applied to this Agreement. Please consider the following before placing an order: - The prices of various products indicated on the website pages are exclusive of legal VAT. - The e-shop prices may change at any time without prior notice. - Various product offers will last until stocks run out or for a certain period of time, as may be posted on the website. Viva takes great care to ensure that you are provided with products and services of high quality on a daily basis. Viva shall not be held liable for any errors in product features, images and prices displayed on www.vivawallet.com, and cannot guarantee that no errors will arise from any cause in entering and/or updating the features and/or the price of a product. In the spirit of good faith and for your own protection, if you find that a product is offered at an unusually low or high price compared to its market value, you are kindly requested to contact the VIVA Customer Service at 13855 from fixed or mobile phone, or send an e-mail to support@viva.gr.
4. Order cancellation
 
You can cancel an order at any stage before receiving the product, by calling 13855 from fixed or mobile phone, or by sending an e-mail to support@viva.gr. We will inform you of the options available to you depending on the stage of your order.
5. Delivery / Ownership / Risk
 
The products may be shipped to any location within the Greek territory. The products will be shipped to the location indicated in the Order Form by a courier service. With regard to areas to which your order may not be shipped by courier, delivery will be made by Hellenic Post at the delivery time prescribed by the Hellenic Post. Deliveries are made daily except Saturday, Sunday and holidays. Viva will take all efforts to have the products delivered within 1-3 business days (Monday through Friday). For product availability noted as “UPON ORDER”, “LIMITED AVAILABILITY” or “TEMPORARILY UNAVAILABLE”, and provided that the relevant products can be ordered from the suppliers of Viva, the delivery time is estimated at 5-20 business days (Monday through Friday) depending on the product category. Start of product sale until 1/4/2015. Ownership of the product will be transferred after full repayment, while the risk will be transferred upon delivery.
6. Product warranty
 
    1. Liability of Viva (as Seller) for actual defects or lack of agreed features.
      In case of liability on part of Viva for any actual defects or lack of an agreed feature of a product, the purchaser may: a) request to have the product repaired or replaced at no cost, unless this is impossible or causes disproportionate costs; b) request a discount; or c) withdraw from the sale agreement, unless in the case of a minor actual defect. In order for a property to be considered agreed, it must be agreed upon or communicated in writing in advance. If the purchaser opts for the product’s repair or replacement, Viva must proceed to such repair or replacement within a reasonable period of time. In all cases where a defect is found, please contact Viva as soon as the product is delivered and no later than three business days, at 13855 (from fixed or mobile phone) or support@viva.gr
    2. Liability of Viva (as a Seller) in case of product failure:
      1. If failure is declared within fourteen (14) calendar days from the date of receipt, Viva will proceed in product’s replacement with a new one, that meets the same or similar technical specifications. It is “sine qua non” that the failed product along with its original, complete-content package are both returned at the user’s expense and under his responsibility in the address indicated by Viva and in excellent condition. Viva will check the returned product and package and, provided that all conditions are met, will send to the user the replacement product within a reasonable period of time.
      2. If failure is declared after a period of fourteen (14) calendar days from the date of receipt, Viva will check the product. In the event that the failure is not covered by the offered guarantee, as provided in paragraph 6.3 below, Viva will inform the user about the repair cost. Contrariwise, if the failure is covered by the guarantee or the repair cost becomes acceptable by the user, Viva will repair and return the product to the user within a reasonable period of time. Product will be dispatched to Viva and returned to the user at the user’s expense and under his responsibility. Alternatively, Viva can immediately replace the failed product with another one, new or repaired, that meets the same or similar technical specifications. In this case, on receipt of the replacement product, the user accepts that he undertakes the repair cost resulting from the check, which in no case can exceed half of the initial product’s market value.
    3. Supplier’s Liability and Warranty
      New products with a long lifespan (“durable goods”) must be accompanied by a warranty (“commercial warranty”) of the product manufacturer or the entity that imported the product in the EU, or the entity indicated as manufacturer (“Supplier”)”), in accordance with the pertinent laws.
7. Right of Withdrawal
 
You may return the products purchased from our e-shop, at no cost and without the obligation to tell us why you wish to return the products, within the mandatory time limit of fourteen (14) calendar days from the date that the products are delivered. In this case you will only be charged with the direct cost of returning the products. Returns will only be accepted if the products you wish to return are in the same condition as when you received them, i.e. without the packaging being unsealed or opened, together with the sales receipt or invoice. If you choose to withdraw or change your mind, you can return the product by bringing it to the "Smartec S.A.” (Fidipidou Street 7, 124 61 - Chaidari),during business days and hours. Depending on the method selected to pay for your order and regardless of how you return the products, your money will be refunded within 30 days from the day that we will receive the products. The refund may be paid by crediting your bank account communicated to Viva, or directly into the credit card used to purchase the product.
8. Force Majeure
 
Viva will not be responsible for any delays in the execution of this agreement (including delivery) that are due to events not attributed to the fault of Viva, or are due to Force Majeure events, and therefore Viva will be entitled to extend the execution time. Such events may indicatively include strikes, terrorist acts, war, supplier/transportation/production problems, fluctuations in the currency exchange rates, governmental or legislative acts and natural disasters. If such events persist for more than 2 months, this agreement may be terminated by either party at no cost.
9. Amendments to the terms hereof
 
Viva reserves the right to amend or renew the terms and conditions of transactions. An amendment or renewal will become effective as soon as this text is updated with any change.
10. Protection of Personal Data - Confidentiality
 
    1. Access to the e-shop and receipt of the products displayed will require that users provide Viva with those details that are necessary for the successful and secure delivery and receipt of the products. Users must provide Viva with all the accurate details necessary to complete the delivery, e.g. name, e-mail address, postal address, telephone number, etc. By entering the requested details, each user consents to the collection, use and processing of their personal data that are voluntarily entered for the purpose of receiving the ordered products.
    2. VIVA will solely collect and keep the personal data that a user may provide by entering the requested details in the relevant fields.
    3. The purpose of collecting, using and processing the personal data stated by a user is the provision of the services requested through the e-shop.
    4. By accepting these terms and conditions, users grant their express and unreserved consent to the use, keeping, processing and disclosure of the personal details and data provided to Viva, by Viva to Third Providers, to enable the delivery of the products requested through the e-shop. Viva reserves the right to use the contact details provided by a user to send information messages about its products and services and relevant offers and/or announcements.
    5. If a user no longer wishes to have their personal data used for this type of information from Viva, they may send an e-mail to support@viva.gr from the e-mail address stated on registration, stating “I DO NOT WISH TO RECEIVE INFORMATION”. Alternatively, they may select “DELETE FROM RECIPIENT LIST” on the e-mail received.
    6. If they so wish, a user may request information about the personal data kept by Viva, the recipients, the purpose of keeping and processing them, and their modification, correction or deletion, by sending a relevant e-mail to support@viva.gr from the e-mail address stated.
    7. Collection keeping, processing and transmission of the personal data disclosed by users to Viva through its e-shop will be collected, used and processed in accordance with the applicable provisions on personal data protection, pursuant to Law 2472/1997 and Law 3471/2006, as in force.
    8. Viva shall allow access to personal data of users only to persons authorised to have access, in order to achieve the objective of data collection, use and processing, as hereby disclosed. In this context, Viva reserves the right to authorise access and/or grant the right of user data use and processing to third, legal entities or natural persons assigned with processing.
11. Miscellaneous
 
    1. Should any part of this Agreement be found to be invalid or unenforceable by a court order, the remainder of the Agreement shall remain valid.
    2. Viva may enter into an agreement to assign part of its obligations stemming from this agreement and to the extent necessary, to an appropriate third party. In all other aspects, neither party may transfer or assign its rights or obligations.
    3. All notices shall be made in writing (handwritten, by e-mail, fax or first-class mail, which shall be considered delivered 48 hours after posting).
12. Applicable Law - Jurisdiction
 
This Agreement is governed by European and Greek Law, particularly those acts regulating matters relating to electronic commerce and distance selling, and is subject to the exclusive jurisdiction of the Athens courts.

POS LEASE TERMS
1. Scope
 
    1. These terms and conditions apply exclusively to any lease of POS Products for cards acquiring (hereinafter “POS Products”) entered into by and between the Société anonyme under the trade name “VIVA ONLINE SERVICES S.A.” with its headquarters in Amaroussion of Attica, 18-20 Amarousiou - Chalandriou street, P.C. 15125, Tax ID No. 998988329, Tax Authority of Athens for Sociétés Anonymes, Business Registry No. 006549001000 (hereinafter «VIVA»), as lessor and any legal entity or individual acting as Merchant, as lessee (hereinafter the “Merchant”).
2. Lease conclusion
 
    1. The Merchant may rent POS Products from VIVA upon relevant request, by choosing the quantity (pieces) and the type of POS products he wishes to rent with any of the following ways:
      1. electronically on VIVA’s official webpage, www.vivawallet.com/pos,
      2. by phone, by dialing the short telephone number 13855 (either by landline or cell phone) or by contacting VIVA’s contractual associates,
      3. upon Merchant’s visit at the physical points of POS Products retail disposal, or
      4. upon contact with VIVA’s promoter- representative who visits Merchant’s premises.
      POS Products delivery shall take place as per term 3.3. below, except from cases (iii) and (iv), in which Merchant shall simultaneously receive POS Products.
    2. Upon submission of lease request according to the above, VIVA shall issue electronically an Order Note stating the order/ agreement number, Merchant’s data (trade name, full address, Tax ID number, Tax Authority), recipient’s data (name, address), the type and quantity of POS Products to be leased, the lease term, the lease rate as net value, VAT and gross value, the delivery method and any delivery costs.
    3. Upon activation of POS Products, Merchant declares by its lawful representative, that Merchant acknowledges and unconditionally accepts terms hereof. In case of disagreement with any term hereof, the Merchant shall abstain from lease request and order of POS products and in any case from the POS Products use including activation.
    4. POS Products operate exclusively for transactions concluded in the context of the Payment Services provided by the E-money Institution under trade name “VIVA PAYMENT SERVICES SA” (hereinafter “VIVA PAYMENTS”). Therefore, in order to conclude transactions by using the POS Products, the Merchant shall have been firstly registered to VIVA PAYMENTS as Professional User and own an active and authenticated account, according to the terms and conditions as in force and uploaded from time to time to the official webpage of VIVA PAYMENTS www.vivawallet.com, and then the cooperation agreement between Merchant and VIVA PAYMENTS for cards acquiring shall be valid and in force.
3. VIVA Declarations
 
    1. In the context hereof, VIVA provides to the Merchant the right to use the POS Products for a term set under 6 below, and the Merchant shall pay to VIVA the lease rate according to 5 below.
    2. VIVA undertakes to deliver the POS Products to the Merchant without any faults, suitable for use and equipped with the specifications and certifications as provided for by the current legislation and regulatory framework, the International Card Schemes Regulations (indicatively VISA, MASTERCARD) under recognized security protocols (PCI-DSS). VIVA shall take any suitable means to preserve POS Products’ features, certifications and specifications unchanged during the whole term of the lease, in order to render its use feasible.
    3. In case of lease request electronically or by phone [term 2.1. (i) and (ii)] VIVA undertakes to deliver POS Products to Merchant at the address declared by the latter upon lease request submission, by courier, within reasonable time, according to the availability of POS Products. Merchant shall bear any delivery costs. VIVA shall bear no liability for any delay in POS Products delivery to the Merchant attributed to courier service provider or force majeure.
    4. If, during the term hereof, the POS Products appear with any fault, damage or malfunction, which are not attributed to the Merchant’s bad use or use against the indicated one, VIVA undertakes depending on the POS Products’ damage/ malfunction/ fault, either to repair or replace them with other of the same or equal specifications and features, within reasonable time from relevant malfunction notification to VIVA, without any burden of Merchant except from the transfer costs. The delivery of the replacing POS Products shall be accompanied by Delivery Note stating the serial number both of the replacing and replaced POS Products. VIVA shall bear no liability towards the Merchant for any damage, material or consequential, or loss of profits suffered by the Merchant due to such reason.
    5. VIVA is not a credit or financial institution or payment institution or payment services provider of any other form and is not anyhow involved with and thus bears no liability for the transactions, charges and debits concluded by use of POS Products leased by the Merchant. For any issue regarding the transactions, charges and debits, the Merchant shall address to VIVA PAYMENTS.
    6. In case of violation by Merchant of any term hereof as indicatively in case of non-timely or non-payment of lease rate by Merchant, VIVA may suspend leased POS Products operation or/ and terminate the agreement according to term 7 below.
4. Merchant’s Declarations
 
    1. Throughout the whole term hereof, Merchant shall make proper and diligent use of the POS Products, by complying in full with the instructions of use included in the POS Products packaging as well as any other instructions uploaded on the webpage www.vivawallet.com/pos for the specific POS Products type.
    2. Merchant declares that he/ she shall use the above POS Products for any lawful business activity at the declared premises according to the moral and business ethics.
    3. Merchant is prohibited to sell, sublease or further grant the right of use of the POS Products to any third party, as well as to assign or transfer any of Merchant’s rights hereof or be in any way substituted to Merchant’s undertakings hereof by any third party.
    4. The Merchant is obliged to immediately notify VIVA, without any unjustifiable delay, for any damage or malfunction of POS Products’ either by contacting VIVA’s Technical Support Department by phone by dialing 2117604000, or by sending an e-mail to the e-mail address support@vivawallet.com.
    5. If POS Products repair or replacement is required due to their damage, malfunction or destruction attributed to Merchant’s fault or negligence, the relevant cost shall burden the Merchant.
    6. In case of POS Products theft or loss, the Merchant shall immediately notify such fact to VIVA and in any case the Merchant bears any relevant replacement cost.
    7. Merchant shall notify VIVA in writing and immediately, without any unjustifiable delay, any alteration of its legal form, its representation as well as its assets and financial status, and VIVA is entitled to terminate the lease, if such alterations are considered upon VIVA’s absolute discretion to affect VIVA’s interests.
    8. Merchant declares that Merchant’s data as declared upon the submission of the order are true and valid and shall notify to VIVA in writing for any further amendment immediately and even in advance if possible. Such data shall be in force since their notification to VIVA.
    9. The Merchant owns exclusively the right to use the POS Products and shall not possess any other right of ownership or exploitation over the POS Products or of their established software.
    10. Any intervention, repair or modification of the POS Products or their software by the Merchant is expressly prohibited.
    11. The use of POS Products shall be exclusively conducted by Merchant’s lawful representatives or employees suitably authorized and trained to do so.
5. Financial Terms / Lease Rate
 
    1. Merchant shall pay to VIVA a lease rate, which is agreed to be paid every six months at a standard amount as mentioned in the relevant Order Note plus VAT as applicable.
    2. Merchant shall pay the lease rate to VIVA within ten (10) first calendar days of each six- month period. The first six-month period shall commence from the date of receipt of POS products.
    3. Merchant shall pay to VIVA the lease rate of each and every six-month lease period as well as any other charge due to this lease agreement (e.g. indicatively and not exclusively the delivery expenses) through Merchant’s electronic account VIVA WALLET kept with VIVA PAYMENTS. Merchant shall keep adequate balance in Merchant’s account VIVA WALLET during the time period mentioned in the term 5.2. above. The respective Invoice for the Provision of Services for each six-month lease period shall be issued the first day of such period and shall be available electronically by any suitable electronic mean, indicatively by e-mail, by sending electronic message through Merchant’s account VIVA WALLET to which POS Products are logged on to, text to Merchant’s mobile phone number as declared to VIVA, etc.
    4. Upon acceptance hereof, Merchant accepts and consents to pay to VIVA any lease rates and other costs due to this lease, with direct charge of its business VIVA WALLET account kept with VIVA PAYMENTS. The above VIVA WALLET charge shall be executed upon VIVA’s order, in its capacity as beneficiary, under Merchant’s relevant authorization, according to data transmitted by VIVA to VIVA PAYMENTS and Merchant’s VIVA WALLET account shall be charged with an amount equal to the lease rate and any other costs due, as referred to in the respective Invoice issued.
    5. It is specifically provided that the lease rate as per the first six-month lease period shall be paid by Merchant upon receipt of POS Products the latest by means as notified by VIVA by the time of lease request submission.
6. Duration
 
    1. The minimum duration of this lease agreement is two (2) years starting from the delivery of POS Products to the Merchant.
    2. The duration of the lease agreement shall be renewed automatically for two (2) more years, unless Merchant declares in writing to VIVA, thirty (30) calendar days before the lapse of the contractual duration stated under 6.1. above, that Merchant does not wish the lease renewal. The lease rate of the renewed lease period shall be the one for POS Products of the same type, as provided in VIVA’ s pricelist in force upon lapse of the deadline as provided in the first subparagraph 6.2. above.
7. Termination
 
    1. The time period of the first eighteen (18) months from either the beginning of this lease or its renewal is agreed as obligatory minimum stay to this agreement. If Merchant terminates the lease agreement at any time and for any reason within such period, the termination is only valid against VIVA if in writing, with immediate effect upon being notified to VIVA, and upon the condition that Merchant pays to VIVA the lease rates for the whole contractual term of this lease (terms 6.1. and 6.2. above) plus early termination fee, as amounts at the termination time, uploaded to the relevant charges page www.vivawallet.com. After the lapse of such termination, Merchant may terminate this lease in writing, with immediate effect, whenever without obligation to pay early termination fee. In such case, however, the lease rate for the six-month lease period within which the lease agreement is terminated, shall be payable and in case it has been paid, is not refunded.
    2. VIVA is entitled to terminate this lease agreement in writing, with immediate effect from its notification to Merchant, indicatively in the cases stated below:
      1. violation on behalf of the Merchant of any term hereof such as indicatively in case of non-timely or non-payment of the lease rate by the Merchant as provided under the term 5 above,
      2. improper use of POS Products on behalf of the Merchant,
      3. termination of the agreement for cards acquiring between Merchant and VIVA PAYMENTS,
      4. Merchant’s entering into or filing petition to enter into bankruptcy, liquidation or any other equivalent status of cease of payments.
      In such case, Merchant shall pay to VIVA any lease rate for the whole contractual term of the lease as per terms 6.1. or 6.2. respectively.
    3. In case of termination hereof in any way, Merchant is obliged to immediately cease the use of POS Products and deliver them to VIVA at the address indicated by the latter in a good condition as well as any other material given to Merchant due to this agreement, within fifteen (15) calendar days. Otherwise, VIVA is entitled to demand by Merchant compensation amounting to the price of the POS Products plus taxes and fees. In case the Merchant delivers the POS Products within the above period but with damages not relating to the usual and agreed use, VIVA is entitled to demand a refund by Merchant, and such refund shall amount to the price of POS Products as in force at the time of lease agreement conclusion plus taxes and fees.
8. Right of Withdrawal
 
    1. The Merchant may withdraw from the lease agreement at no cost and without any justification within 14 calendar days starting from the next day of POS Products receipt.
    2. In order to exercise the right of withdrawal, the Merchant shall inform VIVA respectively within the above time period, by making a clear statement (e.g. letter by post or by e-mail).
    3. In case of withdrawal, Merchant shall return to VIVA the above POS Products to the address of its warehouse («SMARTEC SA», 7 Feidippidou street, 124 61 – Chaidari), within 14 calendar days from the date of relevant notification to VIVA, during working days and hours and shall be burdened with the return costs. The Merchant shall be responsible for returning the POS Products to VIVA and the Product shall be in the same condition as when the Merchant received the Product, i.e. without the Product being activated, within the package, at a perfect condition and with all the materials included in the package. VIVA shall return to the Merchant any money received from the latter in the context hereof, within 14 calendar days from the date that VIVA has been informed about the withdrawal and with the same means of payments used by the Merchant at the time of lease agreement conclusion.
9. Personal Data Protection
 
    1. VIVA will solely collect and keep any data and personal data that Merchant may disclose to VIVA by entering the requested details in the relevant fields. The purpose of collecting, using and processing Merchant’s data and the personal data (in case of individual as merchant or legal representative of merchant) is POS Products lease.
    2. Upon acceptance of terms hereof, Merchant grants his explicit and unreserved consent to the use, keeping, processing and disclosure of any data and personal data provided to VIVA, by VIVA or third parties collaborating with VIVA for the services provided hereunder.
    3. VIVA has the right to use the contact details that the Merchant provided, in order to send information in relation to VIVA’s products and services. If Merchant no longer wishes to have Merchant’s data and personal data used for this type of information from VIVA, Merchant may send an e-mail via Merchant’s legal representative to support@viva.wallet.com, stating “I DO NOT WISH TO RECEIVE INFORMATION”.
    4. The collection, keeping, processing and disclosure of the personal data that the Merchant provides to VIVA either electronically or by phone, will be collected, used and processed in accordance with the applicable provisions on personal data protection.
    5. Merchant or/ and any Merchant’s lawful representative may whenever request information about their data or/ and personal data as kept by VIVA, their recipients, the purpose of keeping and processing them, and their modification, correction or deletion, by sending relevant e-mail to support@vivawallet.com.
    6. Viva shall allow access to data or/ and personal data of the Merchant or/and Merchant’s lawful representatives only to persons authorized to have access, in order to achieve the scope of data collection, use and processing, as hereby disclosed. In this context, VIVA reserves its right to grant authorised access and/or right of use and processing of such data and personal data to third parties, legal entities or natural persons, as data processors.
    7. Merchant is hereby informed that in case of non-payment of the due lease rates, VIVA is entitled to provide the Merchant’s data to third parties as required for the purpose of recourse of these due lease rates.
    8. VIVA and its authorized associates may proceed to the recording of the content of its communications with the Merchant for the purpose of transactions security and/ or to prove a communication and/ or a transaction made in full compliance with the applicable legislation mainly by notifying termination of the recording. Merchant accepts the recording and undertakes to inform all Merchant’s agents regarding the possibility of recording Merchant’s communications, as well as any procedures as per the initiation and termination of the recording of a communication applied by VIVA in compliance to the applicable legislation.
10. Terms Amendment
 
    1. VIVA is entitled to whenever amend the terms and the prerequisites hereof. The amendment of the terms shall be uploaded on VIVA’s official website and Merchant shall check the website frequently. In case the Merchant does not agree with any amendment hereof, may terminate the lease agreement, in accordance with the provisions of term 7 above.
11. Applicable law
 
    1. This Agreement is governed by Greek law. Any disputes that may arise in the context hereof are subject to the exclusive jurisdiction of the Athens courts.
12. Miscellaneous
 
    1. These terms and the Order Note issued upon lease request constitute the lease agreement.
    2. In case of contradictory provisions, the terms of the Order Note shall prevail being more specific.
    3. Should any term hereof be found to be invalid or unenforceable, the rest of the Agreement shall remain valid.
    4. All notice shall be made in writing to VIVA either to the address of the registered seat of VIVA mentioned under 1.1. above or by e-mail to the address possales@vivawallet.com.
TERMS & CONDITIONS FOR SPECIAL OFFER
20% LOWER FEES
 
VIVA PAYMENTS offers to Users who own business VIVA WALLET account (Professional Users) the facility to conclude transactions with cards through use of POS devices with commission decreased by 20% compared to the commissions of the Banks (hereinafter the “Offer”) under the following terms and conditions:
    1. Eligible Users: This Offer is valid for any individual in his capacity as a freelancer or with sole proprietorship of a business and for any legal entity, who shall be registered at electronic wallet VIVA WALLET (“VIVA WALLET”) as Professional User and who shall further activate a business account VIVA WALLET from 01.03.2017, in accordance with the terms and conditions provided for at the web page www.vivawallet.com, which has been approved by VIVA PAYMENTS by submitting to the latter a relevant request and copies of monthly bank accounts statements through which the transactions are settled by the Banks cooperating with the Professional User during the last year (hereinafter the “Bank Account Statement Copies”).
    2. Bank: A Credit Institution operating in Greece.
    3. Eligible Transactions: This Offer is valid exclusively for transactions concluded by Eligible Users under the following conditions, which must be cumulatively fulfilled:
      1. The Offer is provided in comparison to the commission fees (percentage per transaction and any fixed fee) as stated in the submitted Bank Account Statement Copies.
      2. The transactions shall be concluded upon physical presence of Eligible User’s clients and their cards (Card Present Transactions) by use of POS physical devices, which the User owns from «VIVA ONLINE SERVICES SA » either upon purchase or lease.
      3. The Offer is based on the submitted Bank Account Statement Copy of the Bank cooperating with the Eligible User that offers the lowest commission percentage per transaction for transactions with cards of the International Organizations Visa and MasterCard, issued by another Bank (different from the issuer of the Bank Account Statement Copy which offers the lowest commission). Provided that the submitted Bank Account Statement Copy that constitutes the base of calculation for the Offer includes a fixed fee to the Bank, the Offer will also be applicable in relation to the imposed fixed fee per transaction.
      4. The Offer, as per the commission percentage per transaction, shall not be lower than the amount of the interchange fee plus the fees of the International Organizations Visa and MasterCard (which may vary in the range of 0,1% – 0,4%) plus percentage of 0,4%.
    4. Offer application: Upon clearing of any transaction of any Eligible User, provided that the above conditions are met, VIVA PAYMENTS shall respectively charge a commission with discount as per the provisions of the Offer. With regard to the rest of the transactions (Card Not Present), VIVA PAYMENTS shall charge the Eligible User with the commission as set in the Pricelist in force without the Offer.
    5. Offer duration: The offer for each Eligible User is valid from the first (1st) or from the fifteenth (15th) day of the calendar month after the subscription date of the Eligible User and activation of its professional VIVA WALLET account (hereinafter “Offer Commencement Date”). The Offer’s duration for each Eligible User shall be equal to one year from the Offer Commencement Date and shall be automatically extended until the revocation of the Offer by VIVA PAYMENTS for any reason. After the lapse of the initial duration, VIVA PAYMENTS shall be entitled at any time to assess the amount of the yearly volume of the transactions concluded by the Eligible User and cleared with the use of Payment Services of VIVA PAYMENTS in relation to the estimated annual volume of transactions arising from the Bank Account Statement Copies and retain, amend or revoke the Offer accordingly.
    6. This Offer, as in force, may not be combined with any other special offer of VIVA PAYMENTS.
    7. Terms amendment: VIVA PAYMENTS reserves the right to amend the terms of the Offer or abolish the Offer at any time whatsoever, pursuant to the provisions of the Terms of Use of VIVA PAYMENTS, as may be found here. If, within the designated deadline, the Eligible User does not terminate in writing the cooperation agreement with VIVA PAYMENTS, it shall be deemed that the Eligible User accepts the amendment or the abolition of the Offer and the therefore shall be charged with the commission resulting by virtue of the amended term of the Offer or of the Pricelist as in force after the Offer’s abolition.
0% COMMISSION
 
Offer expires on
January 10, 2018
VIVA PAYMENTS offers to Merchants the ability to conclude with no commission, transactions with cards by using VIVA WALLET POS terminals leased from “VIVA ONLINE SERVICES SA” (hereinafter «Offer 0%») under the following terms and conditions:
    1. General Terms:
      1. This Offer is valid for individuals or legal entities (hereinafter “Merchants”) that from 30/06/2017 and on a) shall be registered as Business Users to VIVA PAYMENTS (according to terms of VIVA WALLET https://www.vivawallet.com/el-gr/business-terms) and b) shall lease VIVA WALLET POS terminal according to POS LEASE TERMS (https://www.vivawallet.com/el-gr/posterms). The date when Delivery Note has been issued for each Merchant’s VIVA WALLET POS shall be considered as the beginning of the respective lease for the purposes hereof.
      2. Offer 0% is valid exclusively for transactions concluded by Merchant with use of VIVA WALLET POS terminals and physical presence of cardholder and card, and the value of which does not exceed the total upper limit of seven hundred euro (€ 700) per calendar month. The upper total limit of transactions value for which no commission shall be charged by VIVA PAYMENTS, shall be renewed each calendar month.
      3. Offer 0% may also apply partially on part of the value of any transaction, if rest of its value exceeds the above limit.
      4. For Merchant’s transactions within the same calendar month which either exceed the upper limit of € 700 or deviate from the requirements of term 1.1.2, VIVA PAYMENTS shall charge the commission provided by the Tariff List in force, unless agreed otherwise.
    2. Offer 0% Implementation: Upon settlement, VIVA PAYMENTS shall impose no commission on the value of each transaction which fulfil the requirements as per term 1.1 above. For rest of the transactions which do not fulfil such requirements, VIVA PAYMENTS shall charge the commission provided by Tariff List as in force. VIVA PAYMENTS is entitled to implement this Offer with alternative ways, upon its sole discretion. 
    3. Offer 0% Duration: This Offer is valid for 24 months from the beginning of VIVA WALLET POS lease according to term 1.1.1. above. 
    4. Terms amendment: VIVA PAYMENTS is entitled to whenever amend or discontinue this Offer. Any amendment or termination of this Offer shall be uploaded on the web page www.vivawallet.com, ten (10) days before its enforcement. If Merchant continues to conclude transactions by using VIVA WALLET POS even after the enforcement of any amendment or termination of such Offer, Merchant shall be considered to have accepted such amendment or termination and therefore to be charged according to the Tariff List as in force from time to time.
    5. Miscellaneous: This Offer shall not be combined with any other offers of VIVA PAYMENTS, unless otherwise stated.