The new contractual terms effective from 10 March 2014 are available here.

​

1. These contractual terms are issued by GOPAY s. r. o., with its registered office at Planá 67, 370 01 České Budějovice, Czech Republic, company registration number: 26046768, registered in the Commercial Register maintained by the Regional Court in České Budějovice, Section C, Insert 11030.

2. GOPAY s. r. o. holds authorisation from the Czech National Bank to operate as an electronic money institution within the meaning of the relevant provisions of Czech Act No. 284/2009 Coll., on payments, as amended, on the basis of which it is entitled to issue electronic money and to provide payment services relating to the electronic money issued. GOPAY s. r. o. is listed in the register of regulated and registered entities maintained and published by the Czech National Bank.

3. GOPAY s. r. o. is the operator of the GoPay Payment System, which allows GoPay accounts to be opened as payment instruments for payments on the internet using electronic money.

4. The issuance of electronic money is governed by the legislation of the Czech Republic and the European Union, and where applicable by international treaties concerning electronic money. These contractual terms must be interpreted and understood in accordance with that legislation, to which the contractual terms are subordinate.

5. These contractual terms govern the formation and termination of the contract on the issuance and use of electronic money between GOPAY s. r. o. and the holder of electronic money, as well as the rights and obligations of the parties under such a contract (the ‚Terms and Conditions‘).

​

6. The Contract means the contract on the issuance and use of electronic money within the meaning of these Terms and Conditions.

7. The Payments Act means Czech Act No. 284/2009 Coll., on payments, as amended, which applies in the territory of the Czech Republic.

8. A Client means a natural or legal person who, on the basis of the Contract and these Terms and Conditions, uses Electronic Money issued by GOPAY and recorded in the GoPay Payment System. The Client is a holder of electronic money within the meaning of Section 1(d) of the Payments Act.

9. A Merchant means a legal or natural person who, under the relevant authorisation, carries out a business activity on the internet for the purpose of selling goods or providing services and with whom GOPAY has concluded a Contract.

10. GOPAY means the company GOPAY s.r.o., with its registered office at Planá 67, 370 01 České Budějovice, company registration number: 260 467 68, registered in the Commercial Register maintained by the Regional Court in České Budějovice, Section C, Insert 11030. GOPAY is an electronic money institution which issues Electronic Money within the meaning of Section 4 of the Payments Act and operates the GoPay Payment System.

11. A GoPay account means the account assigned to a Client in the GoPay Payment System, on which the Client's Electronic Money is recorded and held.

12. Electronic Money means, within the meaning of Section 4(1) of the Payments Act, monetary value which:

13. A Payment to a GoPay account means the use of Electronic Money by individual Clients for cashless payments between them, by debiting the relevant amount of Electronic Money from the payer's GoPay account and crediting it to the payee's GoPay account.

14. Topping up a GoPay account means:

15. The GoPay Payment System means the set of GOPAY's software and system solutions that allows Clients in particular to:

16. Redemption of Electronic Money means, within the meaning of Section 124a of the Payments Act, the exchange of Electronic Money for banknotes, coins or cashless funds in an amount corresponding to the nominal value of the Electronic Money exchanged, carried out by GOPAY at the Client's request.

17. Emptying a GoPay account means Redemption of Electronic Money and a Payment to a GoPay account.

18. The Fee Schedule means the schedule of charges and fees connected with operating the GoPay Payment System issued by GOPAY, which is described and specified in more detail below in these Terms and Conditions.

​

19. The Contract between the Client and GOPAY is concluded at the moment the Client confirms that they agree to these Terms and Conditions.

20. The Contract is always concluded at the Client's request and for an indefinite period.

21. By entering the required details and agreeing to these Terms and Conditions, a GoPay account is opened.

22. The Client agrees to the performance of the Contract beginning at the latest at the moment they make the first payment in Electronic Money.

23. The Client acknowledges that when a GoPay account is opened, identification details may be required to the extent required depending on the type of GoPay account, and that until the identification details requested are verified, some functions of the GoPay account may be limited.

24. In addition to these Terms and Conditions, the contractual relationship between the Client and GOPAY is governed by the Fee Schedule and by other rules published at www.gopay.cz that govern the use of GoPay accounts and the operation of the GoPay Payment System. These other rules are binding on the basis of the Client's consent. By agreeing to the Terms and Conditions the Client also approves the Fee Schedule.

​

25. GOPAY is entitled to terminate the Contract at any time, with the contractual relationship ending on expiry of a notice period of 2 months based on notice delivered to the Client, unless GOPAY specifies a later moment for ending the contractual relationship in the notice. The Client's right to settle the balance of Electronic Money on their GoPay account is always guaranteed.

26. GOPAY reserves the right to withdraw from the Contract with the Client if the Client breaches these Terms and Conditions.

27. The Client is entitled to close their GoPay account without giving a reason and thereby terminate the Contract, provided the balance of Electronic Money on their GoPay account is zero and they have at the same time settled all their obligations towards GOPAY. If the conditions in the previous sentence are met, the contractual relationship ends when the order to close the GoPay account is submitted in the GoPay Payment System environment. The Client acknowledges that other ways of closing a GoPay account will not be accepted, unless the relevant legislation expressly provides otherwise.

28. If the Client is a consumer (i.e. a natural person who, in concluding and performing the Contract, is not acting within their business or other entrepreneurial activity or within the independent exercise of their profession), they have the right to withdraw from the Contract without giving reasons and without a contractual penalty within 14 days of the day the Contract was concluded, provided the Contract has not been performed. The Client's withdrawal must be made in accordance with the conditions for mutual communication between the parties set out in these Terms and Conditions. If the Client withdraws from the Contract, they must pay GOPAY without delay the amount for the services actually provided up to that point according to the Fee Schedule.

​

29. The GoPay Payment System allows several types of GoPay account to be used, which may differ in the level of the limits set for handling Electronic Money, generally depending on the level of identification the Client has completed.

30. A GoPay account can be maintained in several currencies at the same time (those accepted by GOPAY), depending on the currency in which the Client received Electronic Money into their GoPay account.

31. A Client can generally Top up their GoPay account by transferring or having funds transferred to a designated GOPAY bank account in order to exchange them for Electronic Money and credit it to the GoPay account in question, or by having Electronic Money transferred to their GoPay account from another GoPay account.

32. The range and availability of payment methods for Topping up a GoPay account are not guaranteed, unless agreed otherwise.

33. Funds entrusted for transfer in favour of GOPAY in order to Top up a GoPay account pass into GOPAY's control upon being entrusted and are deemed received by GOPAY at that moment, unless the funds were already received by law when the payment order for the transfer of funds was submitted.

34. A Client can use the Electronic Money on their GoPay account for payments in favour of other Clients' GoPay accounts, and can also carry out a Redemption of Electronic Money at any time.

35. The Client acknowledges that processing an order for the Redemption of Electronic Money usually takes 1 working day, but in exceptional cases it may take up to 7 calendar days from submitting the order for the Redemption of Electronic Money.

36. The balance of Electronic Money on a GoPay account is available to the Client at any time.

37. The Client acknowledges that the balance of Electronic Money on a GoPay account does not bear interest.

38. If Electronic Money is remitted to a GoPay account that has been closed by the Client, that GoPay account will be restored and the Electronic Money remitted will be credited to it. In that case GOPAY has the right to require the GoPay account to be activated again and also to require the identification of that Client to be carried out or further identification details or documents to be submitted.

​

39. The Client and GOPAY agree that their mutual communication will take place primarily in Czech, but that the Client is also entitled to communicate with GOPAY in English. The parties may subsequently agree that communication may also take place in another language.

40. The Client and GOPAY agree that they will send each other notices and correspondence relating to this Contract by electronic mail to their contact e-mail addresses, and both parties consider this method of communication satisfactory, reliable and expedient. Only where mandatory legislation requires a notice or other document to be delivered by post or in another similar way will the Client and GOPAY communicate with each other in that way.

41. The Client's contact e-mail address is their primary e-mail address recorded in the GoPay Payment System. The Client is responsible for ensuring that their primary e-mail address works throughout the contractual relationship and that electronic mail can be sent to it. GOPAY's contact e-mail address is the e-mail address published at www.gopay.cz, unless GOPAY designates another contact e-mail address in a particular case.

42. GOPAY reserves the right to send the Client notices of an operational or promotional nature by internal communication in the GoPay Payment System or by electronic mail, and at the same time reserves the right to require the Client to communicate with GoPay on these matters in the same form.

43. The Client agrees to receiving information messages about the status of their GoPay account, about movements on their GoPay account and about news in the GoPay Payment System. The Client can stop such messages being sent by changing their GoPay account settings.

44. Where legislation requires GOPAY to provide certain information on a durable medium, GOPAY will fulfil this obligation by permanently publishing that information on GOPAY's website or by sending it to the Client by electronic mail in .pdf format to their contact e-mail address.

​

45. In order to ensure the security of payments in the GoPay Payment System and to protect other Clients from fraudulent or other dishonest conduct, GOPAY reserves the right to set a minimum balance on a GoPay account. In that case the minimum balance on the GoPay account serves to secure any claims that GOPAY or another person may have against the holder of that GoPay account, and means that a certain part of the Electronic Money on the GoPay account cannot be used for a Payment to a GoPay account or for other disposals, including Redemption of Electronic Money. This does not affect the Client's right under Section 124a(1) of the Payments Act.

46. The amount of the minimum balance on a GoPay account may be set by GOPAY at any time at its sole discretion, as a specific amount, a percentage of the volume of Electronic Money credited to the GoPay account over a certain previous period, or a combination of both. GOPAY will always notify the Client when a minimum balance on their GoPay account is set, as well as of any future change to it or its cancellation, if GOPAY takes such a decision at its sole discretion.

47. GOPAY reserves the right to require the Client to Top up their GoPay account to a certain minimum amount in order to meet GOPAY's requirement under the previous point of the Terms and Conditions for the minimum balance on the GoPay account to be reached.

48. GoPay accounts differ from each other according to the level of identification completed by the Client of that GoPay account, and depending on that level, limits are set for the maximum permitted balance on the GoPay account, the maximum permitted volume of Electronic Money credited to the GoPay account during a calendar year and the maximum permitted volume of Redemption of Electronic Money per calendar year. Details are given at www.gopay.cz. If the limits set are exceeded, GOPAY may require the Client's identification to be carried out or further identification details or documents to be submitted. Until the Client completes their identification in accordance with GOPAY's request, GOPAY is entitled to proceed under the following point of these Terms and Conditions.

49. In the event of a breach of the rules under these Terms and Conditions or of other terms governing the use of GoPay accounts and the operation of the GoPay Payment System, and also where impermissible or unlawful conduct is suspected and where legislation or a decision or measure of public authorities so provides, GOPAY has the right to suspend the making of payments in Electronic Money and the Redemption of Electronic Money on that Client's GoPay account. This does not, however, affect the possibility of Topping up the GoPay account. As soon as the reason for which GOPAY suspended the making of payments in Electronic Money on the GoPay account ceases to apply (usually by that Client's identification being carried out or by the documents requested being provided), the full possibility of making payments in Electronic Money on that Client's GoPay account will be restored without delay.

​

50. GOPAY is not liable to the Client for damage incurred as a result of losing the password or other access credentials to their GoPay account.

51. Nor is GOPAY liable to the Client for damage incurred as a result of a payment in Electronic Money made by mistake or a payment obtained from them by fraudulent or other dishonest intent.

52. GOPAY reserves the right to call on the Client at any time, even without giving a reason, to carry out identification or to require further identification details or documents to be submitted, in particular in the cases laid down by Czech Act No. 253/2008 Coll., on certain measures against the legalisation of the proceeds of crime and the financing of terrorism, as amended.

​

53. In their own interest, the Client acts and uses their GoPay account so as not to endanger the security of their GoPay account or of other Clients' GoPay accounts; in particular, they always observe the rules of safe behaviour on the internet and never disclose the access credentials to their GoPay account to anyone, even on request.

54. If the Client finds that their password has been disclosed, or that there is a real risk of it being disclosed to an unauthorised person, they will notify GOPAY of this without delay and change their password at the same time.

55. The Client will notify GOPAY without delay of any circumstance giving rise to a suspicion of unlawful or other impermissible conduct, or of a suspicion that the GoPay Payment System is behaving incorrectly or of any error in that system.

56. The Client bears liability for damage suffered as a result of:

The Client is released from this liability if they prove that the access credentials to their GoPay account were made available to an unauthorised person through GOPAY's fault.

57. The Client is also liable for damage that arose even though the Client could have prevented or averted it by taking measures in good time to remedy a defective or dangerous situation, in particular by failing to make the relevant notifications to GOPAY in good time under these Terms and Conditions.

​

58. The Client acknowledges that using a GoPay account and handling Electronic Money (i.e. Topping up a GoPay account, a Payment to a GoPay account and Redemption of Electronic Money) may be subject to fees according to the Fee Schedule. A Redemption of Electronic Money may only be charged for if the Client requests redemption before the day the legal relationship under the Contract ends or more than 1 year after that day.

59. GOPAY issues the Fee Schedule in order to govern the reimbursement of costs and the fees connected with operating the GoPay Payment System. GOPAY is entitled to amend the Fee Schedule unilaterally, and the Client agrees to this right of GOPAY's.

60. The Fee Schedule in its current wording is published at www.gopay.cz. The Fee Schedule (or an amendment to it) always takes effect on the day specified by GOPAY in the Fee Schedule, and on the day it takes effect the Fee Schedule becomes part of the Contract and replaces the previous wording of the Fee Schedule.

61. The Client instructs GOPAY to deduct the charges and fees under the Fee Schedule from the Client's GoPay account. If the balance on the GoPay account is not sufficient to deduct a charge or fee under the Fee Schedule, the Client must pay that charge or fee at GOPAY's request.

​

62. The Client is entitled to complain to GOPAY about incorrectly executed payments in Electronic Money or about extraordinary events that occurred in connection with the GoPay Payment System, within 14 days of the event the complaint relates to.

63. The Client makes a complaint by sending the relevant notice within the GoPay Payment System or by sending it to GOPAY's contact e-mail address.

64. Once GOPAY receives the complaint it will investigate in order to determine whether it is justified. GOPAY must inform the Client of the results of its investigation and of its position on the complaint within 14 days of receiving the complaint.

65. Where a complaint is justified, GOPAY must adopt and carry out corrective measures.

66. The Client is not entitled to interest on the amount of an incorrectly executed payment in Electronic Money.

​

67. This article applies to a Client who uses a GoPay account exclusively or predominantly in connection with their business activity. The Client must notify GOPAY of such use of the GoPay account when registering, or without delay at any time after the Client starts using their GoPay account exclusively or predominantly in connection with their business activity. A Client within the meaning of this point of the Terms and Conditions is entitled to use only the type of GoPay account that GOPAY designates for use in connection with carrying out a business activity.

68. In matters not governed by these Terms and Conditions and the Payments Act, the contractual relationship between a Client under this article and GOPAY is governed in particular by Czech Act No. 513/1991 Coll., the Commercial Code, as amended, or by the acts and other legislation that subsequently replace the Commercial Code.

​

69. GOPAY is entitled to amend these Terms and Conditions unilaterally according to the rules and conditions set out in this article. The Client agrees to this right of GOPAY's.

70. If GOPAY amends the Terms and Conditions, it must notify the Client of the change at least two months in advance by an e-mail message containing a link to the new Terms and Conditions, from where the Client can print them or save them in electronic form.

71. The Client has the right to terminate the Contract free of charge and with immediate effect before the day the change to the Terms and Conditions is to take effect. If the Client does not terminate the Contract within that period, they are deemed to agree that the Contract will be governed by these new Terms and Conditions from the day they take effect.

72. The Terms and Conditions are issued in electronic form and are available at www.gopay.cz.

73. The reason for amending the Terms and Conditions may be one or more of the following circumstances:

74. The Contract is concluded in the language version the Client selected in the GoPay Payment System environment, and the Czech language version of the Contract is always available to the Client as well. In the event of a conflict between the Czech language version of the Contract and another language version, the Czech language version always prevails. The Contract is archived by GOPAY once concluded. During the term of the Contract the Client has the right to obtain from GOPAY the content of the Contract and further information under Sections 81 to 85 of the Payments Act.

75. The Contract is governed by Czech law and, in justified cases, also by the provisions on distance contracts for financial services within the meaning of Section 54a et seq. of Czech Act No. 40/1964 Coll., the Civil Code, as amended (as regards consumers), or by the legislation that subsequently replaces those provisions in the Civil Code, by the Payments Act and with regard to the legislation on measures against the legalisation of the proceeds of crime as amended. In the event of a conflict between the provisions of this Contract and mandatory provisions of legislation, the mandatory provisions of legislation prevail. Depending on the identification, GOPAY considers the Client to be a citizen of the Czech Republic. The place of performance under the Contract is GOPAY's registered office in the Czech Republic, and the contractual relationship is governed by the place of performance. The services under the Contract and these Terms and Conditions are provided in the Czech Republic, where the Client's GoPay account is also set up, recorded and operated.

76. In the event of a conflict between these Terms and Conditions and other rules governing the use of GoPay accounts and the operation of the GoPay Payment System, the provisions contained in the Terms and Conditions prevail, unless expressly stated otherwise.

77. The Client gives GOPAY their consent for GOPAY to transfer its rights and obligations under the Contract to another person without further ado, and GOPAY must inform the Client of such a transfer without delay.

78. With any disputes that may arise between GOPAY and the Client in the issuance and use of Electronic Money under the Contract, the Client can also turn to the Financial Arbitrator of the Czech Republic (Czech Act No. 229/2002 Coll., as amended), with its registered office at Washingtonova 25, Prague 1. The Client's right to turn to the courts is not affected by this; disputes under the Contract are heard and decided before the courts of the Czech Republic, unless mandatory legislation requires otherwise. Disputes between the Client and GOPAY can also be resolved through mediation under Czech Act No. 202/2012 Coll., on mediation.

79. The authority supervising GOPAY's activities is the Czech National Bank, with its registered office at Na Příkopě 28, 115 03 Prague 1, Czech Republic. The Client has the right to lodge a complaint with this supervisory authority.

80. The details entered by the Client in connection with opening a GoPay account and their record stored in the GoPay Payment System constitute evidence of the content of the Contract.

81. The Client will respect GOPAY's rights to registered trade marks and other subject matter protected under intellectual property law, including copyright, and will refrain from any interference with those rights. The GoPay Payment System is GOPAY's business designation, protected under the relevant legislation.

82. By concluding the Contract the Client confirms that all the necessary pre-contractual information important for their decision to conclude the Contract with GOPAY was provided to them before the Contract was concluded, that they familiarised themselves with these Terms and Conditions sufficiently in advance of concluding the Contract, that they consider the entire content of these Terms and Conditions to be definite and comprehensible, and that their individual rights and obligations arising from the contractual relationship with GOPAY are entirely clear to them.

83. A Client who registered in the GoPay Payment System before these Terms and Conditions took effect agrees that the Contract arose and that the rights and obligations of the parties under the Contract are governed by the Terms and Conditions in effect on the day the Contract was concluded, and that from the day the new Terms and Conditions take effect the Contract is governed by these new Terms and Conditions.

84. The Terms and Conditions take effect on 1 May 2013.