Terms and Conditions

These Terms and Conditions set out the general principles governing the relationship between FlamingoPay and the User, defining the rights and obligations arising from the provision of services. They apply to all services offered through the platform, including payment transactions, unless specific provisions are outlined in a separate service agreement.

These Terms also govern any ambiguity or dispute related to the interpretation, content, form, or performance of services, where such issues are not otherwise addressed by a separate agreement or applicable law.

The Terms are considered a binding part of all legal interactions between the parties. By signing a service agreement, completing registration, or otherwise using the services, the User is deemed to have accepted these Terms in full.

Users are required to carefully review these Terms prior to registering a personal account or using any services. The relationship between the User and FlamingoPay is further governed by the applicable service agreement, pricing schedules, standard industry practices, and any additional documents mutually accepted by both parties.

Defined Terms
Account Statement – a digital summary of transactions on the User’s account for a defined period.
Agreement – a legally binding arrangement between the User and FlamingoPay consisting of these Terms and Conditions and the registration data provided by the User when creating a Personal Profile. Any amendments issued by the platform may also form part of the Agreement.
Application – mobile software linked to the User’s Personal Profile, installed and used exclusively on the User’s personal device, enabling access to services.
Authorization – the User’s act of confirming identity and granting permission to perform actions within the system, such as accessing the account or initiating a payment. This may be done via PIN, password, code, or biometrics.
Authorization Code – a numeric or alphanumeric code sent to the User’s mobile phone or displayed in the application to verify access or approve a transaction.
Beneficial Owner – any natural person who directly or indirectly controls 25% or more of an account, corporate entity, or voting rights, or on whose behalf a transaction is conducted.
Business Day – a day designated by the platform on which operations and services are conducted. May vary depending on the nature of the service.
Customer / User – an individual or legal entity, or their authorized representative, who has registered on the platform and accepted these Terms.
Customer Account – a virtual or IBAN-linked account assigned upon registration, enabling storage of electronic money and execution of transactions.
Chargeback – a reversal of a payment made by the User, typically initiated through a card issuer or payment processor due to dispute or fraud.
Customer Identification – a process through which the platform verifies the identity of the User in accordance with applicable policies and regulations.
Commission Fee – a fee charged for services, as defined in the current Fee Schedule.
Compliance Check – verification procedures carried out by the platform to ensure the User’s activities meet legal and regulatory standards.
Consent – a User’s explicit agreement to use the platform’s services, typically confirmed through digital authorization methods and treated as legally binding.
Contract on Services – any additional written or electronic contract concluded between the User and the platform for the use of specific services.
Penalty – a fine applied for failure to fulfill payment obligations on time, calculated per day within regulatory limits.
Electronic Money – monetary value stored on the User’s account, issued after receiving a deposit, and used to conduct payment transactions.
Funds Reservation – a temporary hold on User funds to ensure settlement of a specific transaction or commitment.
Inactive Account – an account that has not had any login or transaction activity over a defined period, which may be subject to suspension or closure.
Party – refers to either the platform or the User. May also be used in plural to mean both collectively.
Password – a confidential alphanumeric code created by the User or system for access to account services.
Payer – an individual or organization that initiates a payment on behalf of the User.
Payment Instrument – any tool, device, or process used to access the User’s account and initiate transactions (e.g., cards, apps, biometric tools).
Payment Transaction – the act of transferring or withdrawing funds, initiated by the User or a third party authorized to act on their behalf.
Payment Order – a formal instruction to execute a payment transaction.
Personal Data – any information that can identify an individual directly or indirectly, including name, ID number, location data, or online identifiers.
Personal Profile – a User-specific account setup that defines their access level, rights, and personal information within the system.
PIN (Personal Identification Number) – a numeric code created by the User to confirm identity and authorize transactions.
Price List – the current list of service fees and related costs, available in the User’s profile or on the official website.
Remote Account Management – functionality that allows the User to access and manage their account via the Application or Website.
Recipient – the intended beneficiary of a payment, as specified in a payment order.
Representative – an individual legally authorized to act on behalf of a User, typically based on statutory authority or a valid power of attorney.
Service – any digital or financial service offered through the FlamingoPay platform, including but not limited to account funding, withdrawals, remittances, currency exchange, and payment initiation.
Suspicious Activity – any transaction or pattern of behavior that may indicate fraud, money laundering, or misuse of services, subject to platform review.
System – the integrated technical infrastructure (web interface, APIs, and apps) through which FlamingoPay provides its services.
Top-up – a process or function used to add funds to the User’s account via supported payment methods.
Two-Factor Authentication (2FA) – a security process requiring two forms of identification to access an account or confirm a transaction.
User ID – a unique identifier assigned to each User for secure system access and tracking.
Website – the official online platform through which FlamingoPay services are accessed.
Withdrawal – a transaction enabling the User to convert digital account balance into physical cash or transfer funds out to external accounts.

Terms and conditions

1. Registering and Use of Personal Profile
1.1. Only individuals or legal representatives who have successfully completed the registration process and been assigned a User Account are eligible to use FlamingoPay’s services. Registration requires acknowledgment and acceptance of these Terms and Conditions.
1.2. Before completing registration, the User must confirm and continue to meet the following criteria throughout the term of the agreement:

1.2.1. The User is either a private individual or an authorized representative of a legal entity;
1.2.2. The User is at least 18 years of age;
1.2.3. The User has full legal capacity and is not restricted under law due to mental health issues;
1.2.4. The User affirms that, at the time of registration and agreement, they are legally competent and not under the influence of any intoxicating substances;
1.2.5. The User or their Beneficial Owner (if a legal entity) is the rightful owner of the funds involved and guarantees that the origin of the funds is legal and not associated with criminal or terrorist activities.

1.3. The User is responsible for providing accurate and truthful information during registration and must update any details that change thereafter. The User bears all responsibility for any losses caused by incorrect or outdated data. Only one Personal Profile may be registered per User.
1.4. To access services, the User must select the services they intend to use and accept any applicable service-specific agreements. Identity verification will be carried out according to the platform’s procedures and legal requirements.
1.5. Access to the Personal Profile is granted only after successful identification, based on the method used during registration. Users may update their login credentials in accordance with platform guidelines.
1.6. Users may electronically sign agreements, consents, and identity documents using a qualified electronic signature recognized by law in their jurisdiction.
1.7. Confirmation of account creation will be sent via email or displayed within the Application, depending on the method of registration.
1.8. FlamingoPay reserves the right to refuse registration if the provided information does not meet internal compliance standards or legal requirements.
1.9. FlamingoPay may deny registration, suspend access, block activities, or report suspicious behavior to regulatory or law enforcement authorities as required by applicable law.

2. Customer Identification
2.1. FlamingoPay is required to verify the identity of Users, their Beneficial Owners (if applicable), and their authorized Representatives in the following cases:

2.1.1. Identity verification is performed based on the registration form and a completed customer questionnaire. Individual Users must provide personal details (full name, date of birth, contact details), while legal entities must provide company information, legal form, Representative details, and signing authority. Questionnaires must be signed and submitted electronically, with originals sent by post if requested.
2.1.2. Verification for legal entities is carried out online through video identification and comparison of documents (e.g., registration certificates, articles of association, identity documents of Representatives, and proof of authority). Real-time facial verification may be conducted using video tools.

2.2. Any power of attorney must be legally valid under applicable law and, if necessary, notarized and apostilled. Such documents remain in effect until revoked or expired.
2.3. FlamingoPay may, at its discretion, request additional identification documents or information at any time, including those related to the User, Beneficial Owners, or the origin of funds. Users may be required to update their customer profile and documentation periodically (at least once annually), and to provide notarized and/or translated documents at their own expense. Failure to comply within a reasonable period may result in the suspension of some or all services.

3. Establishing Business Relationship and Entering Into Agreement
3.1. FlamingoPay shall have the right, at its sole discretion, to choose the circle of persons and entities (Customers) with whom to enter into a business relationship — offer Services or enter into the Agreement and Contract on Services. FlamingoPay reserves the right not to offer Services, enter into the Agreement, or any Contract on Services, or comply with any instructions from a person or entity if the person or entity:

has deliberately provided FlamingoPay with false or insufficient information (including any documents) or refuses to provide the information required by FlamingoPay;
has failed to provide, upon FlamingoPay’s request, relevant and sufficient information (including any documents) necessary for due identification of that person or entity or for determination of that person’s or entity’s representation rights, or if the submitted documents do not meet FlamingoPay’s requirements;
has failed to fulfill its obligations to FlamingoPay or any of its affiliated companies;
has caused or may cause any direct or indirect loss or injury to the interests of FlamingoPay or its affiliated companies through any act or omission, direct or indirect, by that person or entity;
has failed to provide, upon FlamingoPay’s request, relevant and sufficient information (including any documents) about the origin of funds or if there is suspicion about the person’s or entity’s potential connection to money laundering or terrorist financing;
is or has been connected with, or there is reasonable suspicion about their connection with, organized crime, money laundering and/or terrorist financing according to information obtained by FlamingoPay from public sources (e.g., databases, state authorities, international organizations, media);
holds or has held significant positions in a country against which sanctions and/or restrictions are imposed by international organizations or by separate countries, or national sanctions of the Canada, or the person is a subject of such sanctions;
if, according to information at FlamingoPay’s disposal, the person or entity is active in an area which has an inherent high risk of money laundering or terrorist financing or performs certain operations without being duly registered or licensed to do so;
FlamingoPay is in possession of information about the Customer’s reputation which may have a direct or indirect impact on the Services or may cause unfavorable implications for FlamingoPay or its affiliated companies.

3.2. FlamingoPay reserves the right to refuse to enter into a business relationship and enter into the Agreement with a person or entity in other cases not set out in the preceding section, if, in the opinion of FlamingoPay, there exists any material reason, especially material obstacles to commencing a business relationship.
3.3. The Customer shall ensure that all funds entering the Customer’s Account are of legal origin. If the Customer is not informed of the origin of the funds entering their Account or if any doubt arises regarding the legality of the funds, the Customer shall promptly notify FlamingoPay.
3.4. The Customer is prohibited from using the Customer’s Account or other Services for conducting any unlawful activities, including money laundering or terrorist financing related operations, as well as for any activities aimed at circumventing international sanctions or prohibitions, or national sanctions or prohibitions of Canada.
3.5. FlamingoPay shall have the right to suspend execution of Services or Payment Transactions for the time period necessary to obtain and assess the information and documents, to comply with the requirements of legislation governing the area of anti-money laundering and counter-terrorist financing or other relevant legislation, as well as the requirements or restrictions imposed by correspondent credit/payment institutions.
3.6. When the Customer has completed an application at the time of registration of the Personal Profile through the Application and has read and accepted the Terms & Conditions by ticking the appropriate checkbox, and FlamingoPayhas created the Customer’s Personal Profile, these Terms & Conditions shall enter into effect and remain valid until both Parties have fulfilled their financial and other obligations pursuant to the Agreement. In the case the Customer is a legal entity, by signing the questionnaire, the Customer confirms their agreement with these Terms & Conditions.
3.7. The Customer shall receive a notification about entering into the Agreement to the email address provided during the registration of the Personal Profile on the Website. Both parties explicitly agree that the place of signing the Agreement is Canada.
3.8. By entering into this Agreement, the Customer also accepts the Price List.
3.9. In case the Customer, who is considered a consumer according to Canadian legislation, does not agree with the Price List, they are entitled to terminate the Agreement according to the provisions established in this Agreement.

4. Customer’s Account Maintenance
4.1. The Customer’s Account is opened for the Customer in the System for an indefinite period of time.
4.2. The Customer’s Account may be a multicurrency account. The principal currency of the Customer’s Account is USD, into which FlamingoPay converts all currencies not specified by the Customer as the permitted currencies at the end of the day at FlamingoPay’s exchange rate in force. Balances of principal currencies of the Customer’s Account and permitted currencies of the Customer’s Account are included in a Customer’s Account statement. FlamingoPay Commission Fees are deducted always in USD.
4.3. The Customer’s Account may be used by the Customer to deposit, transfer, keep funds in the Customer’s Account, as well as to receive money to the Customer’s Account, settle for goods and services, currency exchange, and perform other operations directly related to funds transfers. All FlamingoPay Services may only be used by Customers who have registered a Personal Profile and undergone the identification procedures in accordance with the provisions established by these Terms & Conditions and the requirements of the System.
4.4. Money held on the FlamingoPay Customer’s Account is considered Electronic Money, which FlamingoPay issues after the Customer transfers money to their Account. After the Customer transfers money to their Customer’s Account and FlamingoPay receives the money, FlamingoPay credits it to the Customer’s Account, at the same time issuing Electronic Money at the nominal value. The Electronic Money is credited to and held on the Customer’s Account.
4.5. The specific method of transferring funds to the Customer’s Account is selected by the Customer in the Personal Profile by selecting the “Top-up” function, which contains instructions for depositing money for each method of Payment.
4.6. The nominal value of Electronic Money coincides with the value of money transferred to the Customer’s Account (after deduction of standard Commission Fees applicable to a particular payment method).
4.7. Electronic Money held on the Customer’s Account is not a deposit, and FlamingoPay does not, in any circumstances, pay any interest for Electronic Money held on the Customer’s Account nor provide any other benefits associated with the time period the Electronic Money is stored.
4.8. At the request of the Customer, Electronic Money held on the Customer’s Account shall be redeemed at their nominal value at any time, except for cases set forth in the Agreement when limitations are applied to the Customer’s Account.
4.9. The Customer submits a request for redemption of Electronic Money by generating a Payment Order to transfer Electronic Money from the Customer’s Account to any other account specified by the Customer (with a credit institution or electronic payment systems to which FlamingoPay can transfer money) or withdraw Electronic Money from the Customer’s Account by other methods supported by FlamingoPay and indicated in the System. FlamingoPay has the right to apply limitations for redemption of Electronic Money.
4.10. No specific conditions for Electronic Money redemption that would differ from the standard conditions for transfers and other Payment Transactions performed on the FlamingoPay account shall be applied. Only the freely accessible amount of Electronic Money on the Customer’s Account can be redeemed/transferred.
4.11. No additional fee for Electronic Money redemption is applied. In the event of redemption of Electronic Money, the Customer pays the usual Commission Fee for a money transfer or withdrawal, which depends on the method of Electronic Money transfer/withdrawal chosen by the Customer. Standard FlamingoPay Commission Fees for money transfer/withdrawal as established by the Price List are applied.
4.12. If the Customer terminates the Agreement and applies to FlamingoPay with a request to close the Customer’s Account and deactivate their Personal Profile from the System, or FlamingoPay unilaterally terminates the provision of Services to the Customer and deactivates the Personal Profile of the Customer from the System in cases provided in the Agreement, money held on the Customer’s account shall be transferred to the Customer’s account opened with another credit institution or payment service provider indicated by the Customer or shall be transferred to the temporary account of FlamingoPay until further instructions from the Customer. FlamingoPay has the right to deduct from the repaid money the amounts that belong to FlamingoPay (Commission Fees for Services provided by FlamingoPay and expenses which have not been paid by the Customer, including but not limited to, fines and damages incurred by FlamingoPay due to a breach of the Agreement committed by the Customer, which have been imposed by international payment card organizations, other financial institutions, and/or state institutions). In the event of a dispute between FlamingoPay and the Customer, FlamingoPay has the right to detain money under dispute until the dispute is resolved.
4.13. In case FlamingoPay is unable to repay the remaining balance due to insufficient or inaccurate details provided by the Customer, FlamingoPay will notify the Customer within 5 (five) Business Days and request updated details. If no response is received within 30 (thirty) calendar days, the funds will be held in a temporary account until further instructions are provided.

5. Usage of Customer’s Account and Payment Order
5.1. The Customer may manage the Customer’s Account remotely.
5.2. The Customer can manage the Customer’s Account and perform Payment Transactions from the Customer’s Account:

via the Website by logging into its Personal Profile;
via the Application.

5.3. Payment Transfers from the Customer’s Account may be executed:

to another user of the System;
to the Single European Payment Area (SEPA) payment system members;
to SWIFT accounts if the Customer is eligible for such Service;
to accounts with other payment institutions specified in the System.

5.4. A Payment Transaction is considered authorized only if the Payer provides a Consent.
5.5. The Consent of the Customer (Payer) is submitted prior to execution of the Payment Order. Pursuant to the provisions of Contract on Services in some cases the Consent issued by the Customer to FlamingoPay for the Services requiring the Consent of the Customer may be given after execution of relevant Payment service.
5.6. The Customer is obliged to provide a Payment Order for the execution of the Payment Transaction in accordance with the instructions specified in the System and is valid at the moment of Payment Transaction. In case the Customer is the Recipient, the Customer is obliged to provide detailed and precise information to the Payer so that the Payment Order for the Payment Transaction in all cases complies with the instructions in the System and valid at the moment of transfer. Before sending a Payment Order for the execution of a Payment Transaction or sending information to another Payer, the Customer is required to check and update the account details.
5.7. FlamingoPay shall have the right to set requirements in respect of provision of certain information (e.g. transfer amount, currency, Recipient’s name, legal name, or address, payment codes (such as SWIFT, BLZ, ABA, Sort Code), as well as other necessary information) that the Payer must provide in order for FlamingoPay to be able to cause due execution of the Payment Order. Requirements as to information are given in the Payment Order form, these Terms & Conditions, Contract on Services, Price List, Application or Website or by sending the Customer a separate notice concerning submission of the required information.
5.8. In case of transfers to credit institution accounts or payment systems not in SEPA countries and if FlamingoPay is indicated as a Payer, together with the Payment, the Recipient is also provided with information, which, depending on technical capabilities, can be provided by one or more of the following methods:

detailed information about the Payer-Customer is given in the field of the primary Payer provided it is supported by the relevant e-banking or payment system;
detailed information about the Payer-Customer is given in the field of payment purpose;
along with the Payment, the Recipient is given a link to a Website where the detailed information about the payment and the Payer is provided.

5.9. In order to execute a Payment via Website, the Customer shall fill a Payment Order in the System via its Personal Profile and submit it for execution, electronically confirming by Authorization code.
5.10. In order to execute a Payment by using the Application, the Customer shall fill a Payment Order in the System and submit it for execution, electronically confirming by PIN.
5.11. Submission and electronic confirmation of the Payment Order in the System is an agreement of the Customer to execute the Payment Transaction and cannot be cancelled. A Payment Order cannot be cancelled after FlamingoPay receives it by means of Customer’s Account remote administration. Cancellation of the Payment Order is only possible until the execution of the Payment Order has been started before confirming it electronically.
5.12. In case the amount of money on the Customer’s Account is insufficient to execute the Payment, the Payment is not executed, however, the System will attempt executing the Payment Order after the Payment Order receipt, should the Customer choose such option. If the amount of money on the Customer’s Account is insufficient in one currency, but there is a sufficient amount of money in another currency, the Payment Transaction shall not be executed until the Customer converts the other currency to the currency of the payment, except for cases, when the Customer has ordered an automatic currency exchange feature.
5.13. In case, when Customer’s account gets overdrawn as a result of Payment Transaction initiated by the Customer or related Commission Fees or Penalties applied by FlamingoPay, the Customer is obligated to reimburse the outstanding balance by topping up his Customer’s account immediately.
5.14. FlamingoPay shall have the right to transfer funds to the Recipient also based solely on the Recipient’s Account number specified in the Payment Order even if the Recipient’s name (incl. first name and surname) in the Payment Order does not match the indicated account number. FlamingoPay shall have the right but not an obligation to check whether the Recipient’s account number given in the Payment Order matches the Recipient specified in the Payment Order. FlamingoPay reserves the right not to execute a Payment Order if it has well-grounded doubts as to correspondence between the name of the Recipient and the Recipient’s account number contained in the Payment Order. The Payer shall directly contact the person who has received the transfer on the issue of returning the money.
5.15. In case when it is still impossible to identify the Recipient according to the indicated or corrected data, the funds are stored in the FlamingoPay system until the Payer or the Recipient contacts and additional data allowing to credit the funds to the Recipient is provided (after debiting the fee for specifying/correcting the Payment Order from the transferred amount before crediting it to the Customer’s Account of the Recipient). Such funds may also be returned to the Payer under a written request of the Payer. In this case, the fee for returning the funds, which is indicated in the System, will be debited from the transferred amount before returning it to the Payer.
5.16. If the Payer submits an incorrect Payment Order or indicates incorrect data for the Payment, but the Payment has not yet been executed by FlamingoPay, the Payer may request to correct the Payment Order. In this case the Commission Fee indicated in the Price List for the correction of the Payment Order might be applied.
5.17. The Customer, having noticed that money has been credited to its Customer’s Account by mistake or in other ways that have no legal basis, is obliged to notify FlamingoPay thereof. The Customer has no right to dispose of money that does not belong to the Customer (in such cases FlamingoPay has the right and the Customer gives an irrevocable consent to deduct the money from its Customer’s Account without the Customer’s Authorization).
5.18. If a credit institution or another electronic money transfer system applies fees for transferring money from the Customer’s Account to the Customer’s account with credit institution, card or a payment account of another electronic payment system, as well as for transferring money from a credit institution account, card or another electronic payment system to the Customer’s Account, the actual expenses shall be covered by the Customer.
5.19. Opening and maintenance of the Customer’s Account is charged according to the Price List.
5.20. Fees for FlamingoPay Services are deducted from the Customer’s Account before execution of Payment Transaction or rendering any Service by FlamingoPay. In case the amount of money on the FlamingoPay account is less than the price of a payment service, the payment service may be not executed.
5.21. FlamingoPay shall have no liability for execution of orders given to FlamingoPay if the Customer’s Accounts lack the required amount of funds.
5.22. The Customer has the right to set up the Payment limits as well as to change limits on Payment Transfers for Customer’s Account by completing an additional confirmation in Personal Profile in accordance with the procedure established in the System.
5.23. The Customer may check the Customer’s Account balance and history by logging in to the Personal Profile and requesting to provide a Customer’s Account statement. There is also information about all applied fees deducted from the Customer’s Account during a selected period of time.
5.24. Any terms related to execution of Payments (incl. fee, sequence and time of execution) and not set out in these Terms & Conditions, shall be stipulated in the Price List or Contract on Services.
5.25. The Customer confirms that:

incoming funds on its Customer’s Account are not obtained as a result of criminal activity;
the Customer will not use Services provided by FlamingoPay for any illegal purposes, including actions and operations aimed at laundering the proceeds derived from criminal or illegal activity.

5.26. FlamingoPay reserves the right to suspend Payment Transactions in the Customer’s Account at any time:

if reasonable doubt exists as to safety of funds in the Customer’s Account or there is suspicion of unauthorized or fraudulent transactions in the Customer’s Account;
if the Customer is in breach of these Terms & Conditions;
in the events set out in applicable legislation or Contract on Services.

5.27. In the events referred to in clauses 5.25, FlamingoPay shall notify the Customer in the manner set forth in the Terms & Conditions or Contract on Services or using other means of communication acceptable to FlamingoPay, including phone, email, or the Customer’s Account remote administration.
5.28. Access to Customer’s Account shall be disabled on the Customer’s initiative if the Customer gives a relevant instruction to FlamingoPay in writing or in other manner agreed between the Parties in Contract on Services.
5.29. FlamingoPay is not liable for losses incurred by the Customer due to suspension of Service provision, Funds Reservation, blockage of the Customer’s Account or other actions if such actions have been performed in accordance with the procedures stated in the Agreement or Contract on Services and under circumstances and on the basis specified in the mentioned documents.

6. Processing of Payment Orders
6.1. When the Customer is the Payer, a Payment Order is deemed received by FlamingoPay (the countdown for the execution time starts) on the day it is received. If the Payment Order is received on a day that is not a Business Day, it is considered received on the following Business Day of FlamingoPay.
6.2. If the Payment Order is received by FlamingoPay on a Business Day but outside the working hours set by FlamingoPay, it will be considered received on the next Business Day of FlamingoPay.
6.3. Payment Orders within the System are typically processed immediately, often within a few minutes, unless a Payment Transaction is delayed due to reasons specified in legal regulations or these Terms & Conditions, regardless of FlamingoPay’s operating hours, unless there is scheduled maintenance.
6.4. In cases where the Payment Order is executed in USD within the Rest of the World or EUR within EU member states through a registered credit or electronic money institution, FlamingoPay ensures that after receiving the Payment Order, the transaction amount is deducted from the Recipient’s payment provider’s account by the end of the same Business Day, provided that the Payment Order is received before 12 p.m. If received after 12 p.m., FlamingoPay ensures that the amount is deducted no later than by the end of the next Business Day.
6.5. FlamingoPay reserves the right to retain information about any submitted Payment Order, as well as to record and store details of executed Payment Transactions. These records shall serve as evidence of the submission of Payment Orders and/or the execution of Payment Transactions for the Customer and/or third parties entitled to receive such data under applicable laws.
6.6. A Payment Order submitted by the Customer must comply with the requirements for such submissions, as defined by applicable laws or FlamingoPay. Payment Orders must be clear, unambiguous, executable, and clearly reflect the Customer’s intent. FlamingoPay is not responsible for incorrect or unclear Payment Orders submitted by the Customer/Payer. If a Payment Order lacks necessary information or contains errors, FlamingoPay may refuse to execute it or process it based on the available information.
6.7. FlamingoPay may, but is not obliged to, refrain from executing a Payment Order if there is reasonable doubt regarding its legitimacy, such as concerns about whether the Payment Order was submitted by the Customer or their Representative, or whether the documents accompanying the Payment Order are valid. In such cases, FlamingoPay has the right to request additional verification or supporting documents from the Customer. FlamingoPay acts to protect the legal interests of the Customer, FlamingoPay, and/or third parties and does not assume responsibility for any losses caused by the refusal to process a Payment Order.
6.8. FlamingoPay will not be liable for the execution of Payment Orders if there are insufficient funds in the Customer’s Account. The Customer must ensure that their Account has enough funds in the relevant currency to process the Payment Order.
6.9. Before processing a Payment Order, FlamingoPay has the right to request proof of the legal source of funds involved in the transaction, including documentation. If the Customer fails to provide such documentation, FlamingoPay may refuse to execute the Payment Order.
6.10. FlamingoPay may involve third parties to assist in partially or fully executing a Payment Order, if necessary to meet the Customer’s needs or the nature of the transaction. If the transaction requires forwarding to another financial institution, and that institution delays or suspends the Payment Order, FlamingoPay is not responsible for such actions, but will make reasonable efforts to determine the cause. FlamingoPay may suspend or terminate the execution of a Payment Order if required by law or for any other reasons beyond FlamingoPay’s control.
6.11. FlamingoPay reserves the right to reject a Payment Order if:

the execution is prohibited by applicable law;
it violates any restrictions set by FlamingoPay or its affiliates;
it involves any country, entity, or person subject to financial or other sanctions imposed by international organizations or individual states, including the national sanctions of Canada.

6.12. FlamingoPay may refuse to process Payment Orders if the information provided by the Customer is insufficient to comply with anti-money laundering and counter-terrorist financing laws, or if the transaction is related to individuals or entities subject to international sanctions or the national sanctions of Canada.
6.13. If funds transferred through a Payment Order are returned for reasons outside of FlamingoPay’s control (e.g., incorrect details, closed recipient accounts), the returned amount will be credited back to the Customer’s Account. Fees paid for executing the Payment Order are non-refundable, and additional fees related to the return of funds may be deducted from the Customer’s Account.
6.14. FlamingoPay offers both standard and urgent Payment Transfers. The Customer can choose the type of payment. If the Customer does not specify, the payment is considered standard.

7. Acceptance of Payment in the Customer’s Account
7.1. FlamingoPay reserves the right to accept any payments into the Customer's Account, even without obtaining prior consent from the Customer.
7.2. Any payment received after FlamingoPay's regular working hours on a Business Day will be considered received on the next Business Day.
7.3. FlamingoPay may refuse to accept a payment into the Customer’s Account under the following circumstances:

If the information provided by the Customer does not meet the requirements of anti-money laundering, counter-terrorist financing, or other relevant legislation;
If processing the payment is prohibited by applicable laws;
If execution of the payment is impossible due to reasons beyond FlamingoPay’s reasonable control (e.g., a correspondent credit/payment institution refusing to process the payment);
If the payment violates any restrictions set by FlamingoPay or its affiliates;
If the payment is related, directly or indirectly, to a country, region, or individual (including institutions or organizations) subject to financial or other sanctions imposed by international organizations or individual countries, including national sanctions of Canada

8. Unauthorized or Incorrect Payments
8.1. The Customer is responsible for regularly reviewing the statements of their Account at least once a month. Failure to inspect the Account balance does not absolve the Customer from their obligations.
8.2. The Customer must immediately notify FlamingoPay of any unauthorized or incorrect payments, or any discrepancies found in the Account, no later than 60 days from the date of the unauthorized or incorrect payment. If the Customer does not notify FlamingoPay within this period, the payment will be deemed fully authorized by the Customer.
8.3. Upon learning of an unauthorized Payment transaction, FlamingoPay will return the amount of the unauthorized transaction immediately, but no later than the end of the next banking day, and will restore the Account balance, unless there are grounds to suspect fraudulent activity. FlamingoPay will also ensure that the Customer does not incur any loss (in terms of interest payable or receivable) due to unauthorized payment transactions.
8.4. If the Customer is the Payer and the Payment Order was initiated by the Recipient, the Recipient’s payment service provider is responsible for transmitting the payment order to FlamingoPay.
8.5. If the Customer is the Payer and the Payment Transaction was initiated by or through the Recipient, and the Recipient’s payment service provider is not responsible for it, and the transaction was either not executed or delayed, FlamingoPay will take responsibility for the non-execution or delay. FlamingoPay will immediately refund the amount of the Payment Transaction to the Customer, restore the Account balance, and ensure that the Customer does not incur any losses in terms of interest or any related fees.
8.6. The Customer is obligated to protect and not disclose any Passwords, Authorization Codes, or PINs created by or provided to them, as well as any other personalized security features of Payment Instruments to third parties. The Customer must not allow others to use the services under their name. If the Customer fails to adhere to this obligation, or has not taken reasonable measures to prevent it, they will be fully responsible for any losses and must compensate for any damages caused to third parties as a result of their actions or failure to act.
8.7. In the event of the loss or unauthorized disclosure of the Password, Authorization Code, or PIN, or if there is a real threat to the security of the Customer’s Account, the Customer must immediately change the Passwords and PIN, or, if unable to do so, notify FlamingoPay immediately (no later than one Business Day) via email, phone, or the communication options available in their Personal Profile. FlamingoPay will not be liable for any consequences resulting from failure to provide such notification.
8.8. Upon receiving the Customer’s notification as outlined in clause 8.7., FlamingoPay will immediately suspend access to the Customer’s Account and halt the provision of services until a new Password/Authorization Code is created or provided to the Customer.
8.9. FlamingoPay may deny access to the Customer’s Account to an Account Information Service Provider or a Payment Initiation Service Provider if there are objectively justified and well-documented reasons related to unauthorized or fraudulent access to the Customer’s Account. This may include the unauthorized or fraudulent initiation of a payment transaction. In such cases, FlamingoPay will inform the Customer that access has been denied, providing reasons for the denial. Access will be restored once the reasons for denial no longer apply.
8.10. FlamingoPay reminds the Customer that the email linked to their Personal Profile, along with any other instruments (e.g., mobile phone number) connected to their profile, are used for communication and identification purposes. These tools and login credentials must be protected by the Customer. The Customer is entirely responsible for the security of their email, passwords, and other credentials. Passwords are confidential, and the Customer is responsible for any operations conducted using their Password or other credentials. FlamingoPay recommends that the Customer memorize their passwords and avoid writing them down or entering them in places where others can view them.

9. Depositing and Withdrawal of Cash
9.1. FlamingoPay may grant the Customer the ability to deposit cash into the Customer's Account.
9.2. FlamingoPay may grant the Customer the ability to withdraw cash from the Customer's Account.
9.3. Once the Customer has deposited cash into their Account, they may immediately manage the funds after FlamingoPay has received and processed the deposit through the Customer's Account remote administration.

10. Closing of Customer’s Account
10.1. FlamingoPay reserves the right to close the Customer’s Account upon receiving a written request from the Customer, as well as in any other situations outlined in the relevant Service Agreement and these Terms & Conditions.
10.2. FlamingoPay may close the Customer’s Account without prior notice if the Customer has not carried out any transactions in the Account for over 90 (ninety) days and/or if the Account balance is zero or negative.
10.3. FlamingoPay is authorized to close the Customer’s Account, terminate other services, and refuse further services to the Customer or individuals connected to the Customer (such as legal or contractual representatives, beneficial owners, officers, or anyone otherwise associated with the Customer, including those with a direct or indirect stake in the Customer’s equity), if, in the opinion of FlamingoPay, the Customer or related parties have engaged in illegal, dishonest, or unethical behavior towards FlamingoPay, or have insulted, defamed, or harmed the reputation of FlamingoPay or its representatives, or if FlamingoPay considers continuing its business relationship with the Customer or related parties as potentially harmful or detrimental to its reputation. This also applies in cases where FlamingoPay was misled during the account setup by providing false information or fraudulent documents.
10.4. If there is a balance in the Customer’s Account at the time of closure, FlamingoPay will request the Customer to withdraw their funds within a reasonable period. During this time, the Customer’s Account will remain accessible for withdrawals, or the funds may be transferred to another account specified by the Customer. FlamingoPay will only close the Customer’s Account once the balance is zero.
10.5. These Terms & Conditions and the Price List will continue to apply in regard to claims between FlamingoPay and the Customer, even after the closure of the Customer’s Account.
10.6. The Customer is obligated to release FlamingoPay from any obligations arising from the Customer’s orders and reimburse FlamingoPay for any expenses or losses incurred.

11. Payment for Services, Reimbursement for Expenses, and Service Currency
11.1. The services provided by FlamingoPay to the Customer are paid services, with payment set as a Commission Fee in the form of fees, commissions, interest, and other charges.
11.2. The amount and payment procedure for services rendered to the Customer are defined by the applicable Price List at the time the services are provided, unless otherwise specified in the Service Agreement between the Parties.
11.3. The Customer confirms that they have thoroughly reviewed the prices and payment terms for the Payment Transactions and other services provided by FlamingoPay.
11.4. FlamingoPay reserves the right to deduct the Commission Fee for services rendered from the Customer’s Account where the Payment Transaction was performed, or from any other account the Customer holds with FlamingoPay.
11.5. The Commission Fee for the services rendered will be paid in the currency specified in the Price List and/or Service Agreement.
11.6. The Customer is required to maintain a sufficient balance in their Account to allow FlamingoPay to deduct the Commission Fee according to the Price List. If the funds in the designated currency are insufficient to cover the Commission Fee, FlamingoPay may, at its discretion, convert funds from the Customer’s Account in another currency into the required currency at the published exchange rate. If the Customer holds funds in multiple currencies, FlamingoPay may convert them into the required currency following the alphabetical order of the currency codes.
11.7. If the Customer fails to pay FlamingoPay for the services rendered, the Customer must pay a penalty upon FlamingoPay’s request, not exceeding the maximum penalty allowed by the regulatory laws of the Canada for each day of delay.

12. Prohibited Activities
12.1. The Customer using FlamingoPay services is prohibited from:

Failing to comply with these Terms & Conditions, the Service Agreement, applicable laws, and other legal regulations, including but not limited to anti-money laundering and counter-terrorism financing laws;
Infringing on the intellectual property rights of FlamingoPay or third parties, such as trademarks, copyrights, trade secrets, and other intellectual property rights;
Providing false, misleading, or incorrect information to FlamingoPay, or refusing to supply requested information or perform actions reasonably required by FlamingoPay;
Providing third parties with false, misleading, or incorrect information about FlamingoPay or its cooperation with the Customer;
Engaging in or receiving transfers of illegally obtained funds, when the Customer knows or should reasonably know that the funds are illicit;
Using FlamingoPay services in a manner that causes losses, liabilities, negative legal consequences, or damage to FlamingoPay’s reputation or to third parties;
Accessing FlamingoPay services from countries that FlamingoPay deems unacceptable;
Spreading computer viruses or engaging in actions that could damage or disrupt FlamingoPay’s system, equipment, or information;
Taking any deliberate actions that could interfere with the provision of services or the proper functioning of FlamingoPay's systems;
Engaging in or facilitating illegal gambling, unlawful trading of securities, commodities, currencies (e.g., Forex), options, exchange-traded funds (ETFs), or other financial instruments;
Engaging in illegal trade of controlled substances, tobacco, alcohol, prescription drugs, steroids, weapons, pornography, unlicensed lotteries, unauthorized software, or any other products prohibited by law;
Without prior written consent from FlamingoPay, providing financial services or organizing trading activities involving securities, commodities, currencies, options, ETFs, or other financial instruments. If the Customer intends to provide such services, they must possess a valid license from the Canada or a third country with equivalent regulatory requirements;
Without prior written consent from FlamingoPay, organizing gambling, lotteries, or other activities requiring special licenses. The Customer must hold a valid license issued by Canadian authorities and comply with the necessary regulatory oversight;
Registering an Account using fictitious names, someone else's identity, or anonymous phone numbers and email addresses provided by third parties;
Providing services that are illegal or contrary to public order and moral principles;
Disclosing authorization codes, passwords, PINs, and other security measures to third parties or allowing others to use the services under the Customer’s name.

12.2. The Customer must reimburse FlamingoPay for any direct damages, fines, and other penalties imposed on FlamingoPay due to the Customer's failure to comply with these Terms & Conditions.
12.3. The Customer is fully responsible for and must compensate any losses incurred by FlamingoPay, other customers of FlamingoPay, or third parties due to violations of these Terms & Conditions or the Service Agreement.

13. Notifications and Amendments to Terms & Conditions, Price List, and Service Contracts
13.1. The Customer agrees that FlamingoPay may provide notifications through the Customer’s Personal Profile, by sending them to the email address or postal address provided by the Customer during registration, and/or via SMS message. Notifications provided in any of these ways shall be deemed properly delivered. If the notification does not relate to a substantive change in the Agreement, it will be considered received by the Customer within 24 hours after posting in the Personal Profile or sending via email or SMS. If sent by post, the notification will be considered received within 5 business days of dispatch.
13.2. Unless otherwise agreed, FlamingoPay reserves the right to modify the Terms & Conditions, Price List, or Service Agreement at its sole discretion.
13.3. If the notification pertains to significant changes in the Terms & Conditions, Price List, or Service Agreement, the Customer will be informed 60 days in advance. The changes will take effect 60 days after the notification is published on the website, reflected in the Customer’s Personal Profile, or sent by email or other means provided during registration.
13.4. The 60-day notification period will not apply, and notifications may be given immediately in cases of:

Changes required by mandatory legislation;
Introduction of new services, which the Customer may choose to use or not.

13.5. Non-substantial amendments, such as style and grammar corrections, rephrasing, or moving sections for clarity, will not reduce the Customer’s rights or increase their obligations.
13.6. The Customer is responsible for regularly checking the provided email and other communication methods listed in the Personal Profile, as well as the website, for updates regarding the Terms & Conditions, Price List, or Service Agreement. The Customer will be deemed to have accepted these changes unless they notify FlamingoPay in writing before the proposed effective date. If the Customer disagrees, they may terminate the agreement by notifying FlamingoPay 30 days in advance.
13.7. FlamingoPay may request the Customer to send a notarized agreement by post. The agreement will become effective once received and approved by FlamingoPay. FlamingoPay is not required to return a signed copy to the Customer.
13.8. All messages from either party shall be sent in an acceptable language, typically English, unless otherwise agreed upon.
13.9. The Customer must ensure that contact details (phone number, email, and postal address) in the Personal Profile are accurate and updated. Failure to do so will be the Customer’s responsibility if FlamingoPay fails to deliver notifications.
13.10. To protect the Customer’s funds, the Customer must immediately notify FlamingoPay in writing if their identity documents are lost or stolen.
13.11. The Customer may seek advice regarding system issues or the agreement by contacting FlamingoPay via the registered email, customer support, or the Personal Profile. All correspondence related to the agreement should be sent to the designated email or postal address of FlamingoPay.
13.12. FlamingoPay will notify the Customer in advance of any known technical failures of its system or third-party systems affecting service provision.
13.13. FlamingoPay may change the technical integration solution at any time, with changes requested by the Customer being at the Customer's expense.
13.14. The parties will immediately inform each other about any significant circumstances affecting the execution of the agreement, including document updates (e.g., name, address, phone number changes, or bankruptcy proceedings) and must submit supporting documents when necessary.
13.15. FlamingoPay reserves the right to request that documents issued abroad be translated, legalized, or confirmed with an Apostille unless otherwise stipulated by legal acts.
13.16. The Customer is responsible for covering the costs of document submission, confirmation, and translation required by FlamingoPay.

14. Termination of Agreement
14.1. The Customer has the right to unilaterally terminate the Agreement by notifying FlamingoPay in writing (using the communication options in the Personal Profile or via email with a secure electronic signature) at least 30 (thirty) calendar days in advance. In the case specified in clause 3.9 of the Agreement, the Customer may terminate the Agreement unilaterally by notifying FlamingoPay in writing (using the communication options in the Personal Profile or via email with a secure electronic signature) at least 7 (seven) calendar days in advance. Upon termination of the Agreement, the issued Electronic Money will be returned to the Customer using the chosen method (specified in the Agreement), within the limits of Payment Transactions set forth in the Agreement.
14.2. FlamingoPay reserves the right to unilaterally terminate the Agreement and the Service Contract without providing any reasons, notifying the Customer at least 60 (sixty) days in advance through the communication methods outlined in clause 13.1 of the Agreement. FlamingoPay also has the right to unilaterally terminate the Agreement and Service Contract and refuse to provide services for the reasons outlined in Section 13 of the Agreement, notifying the Customer at least 30 (thirty) days in advance through the methods specified in clause 13.1, without reimbursing the Customer for any losses.
14.3. At FlamingoPay's request, the Agreement and Service Contract may be terminated immediately if no transactions have been made on the Customer’s account for more than one year.
14.4. FlamingoPay is entitled to withdraw from any contract between the Parties without prior notice and without reimbursing the Customer for any losses if:

The Customer has failed to provide or has provided false, incorrect, or incomplete information about their identity, financial standing, or the origin of their funds;
There is suspicion that the Customer is involved in or connected to money laundering, terrorist financing, or fraudulent activities;
FlamingoPay suspects that the Customer is using, has used, or has attempted to use their account for payment transfers related to unlawful activities, including money laundering, terrorist financing, or evading international/national sanctions or prohibitions;
The Customer’s failure to meet obligations to FlamingoPay leads to the assumption that they will not fulfill their responsibilities;
The Customer has caused direct or indirect loss to FlamingoPay through their actions or omissions;
FlamingoPay has information indicating that the Customer’s reputation could negatively impact its operations or cause unfavorable consequences;
FlamingoPay is instructed by a supervisory authority, a state institution, international organization, correspondent credit/payment institution, or any other relevant authority to terminate the Agreement;
The Customer fails to provide requested information or information required by applicable laws;
The Customer is subject to Money Laundering Regulations (MLR) and their internal control system does not comply with anti-money laundering and counter-terrorist financing legislation;
If, after the Agreement is terminated, the Customer does not choose a method for redeeming Electronic Money and/or does not complete the additional identification procedure for increasing limits, FlamingoPay may (but is not obliged to) redeem the Customer’s Electronic Money using the available redemption method.

15. Confidentiality and Data Protection
15.1. The Parties undertake to maintain the confidentiality of each other’s technical, commercial, and personal information obtained during the execution of this Agreement, unless such information is publicly available or disclosure is required by law. Neither Party shall disclose such information to third parties without the prior written consent of the other Party or its authorized legal representative.
15.2. The Customer acknowledges and agrees that FlamingoPay will collect, use, disclose, and retain their Personal Data for the purpose of providing services and fulfilling its obligations under this Agreement. FlamingoPay shall process Personal Data in accordance with the Personal Information Protection and Electronic Documents Act (PIPEDA) and any other applicable privacy legislation.
15.3. FlamingoPay confirms that Personal Data is collected with informed consent, used only for the purposes for which it was collected, and retained only as long as necessary to fulfill those purposes or to comply with legal obligations. The legal bases for processing include performance of the Agreement, compliance with legal obligations, and legitimate interests.
15.4. FlamingoPay ensures the implementation of appropriate administrative, technical, and physical safeguards to protect Personal Data from unauthorized access, disclosure, alteration, or destruction. These measures include encryption, access control, audit logs, data minimization, and regular staff training.
15.5. The protection of the Customer’s Personal Data is further governed by FlamingoPay’s Privacy Policy, which is made available on the Website and/or in the Application. By entering into this Agreement, the Customer confirms that they have read and agreed to the Privacy Policy.
15.6. FlamingoPay may share Personal Data with competent authorities such as financial intelligence units, tax agencies, law enforcement authorities, or courts, where required to comply with legal obligations, enforce the Agreement, or detect and prevent fraud and money laundering.
15.7. The Customer consents to the transfer of their Personal Data across borders, including to jurisdictions that may not have equivalent data protection laws. FlamingoPay ensures that such transfers are protected through appropriate safeguards, including contractual clauses or intercompany agreements in line with PIPEDA’s accountability principle.
15.8. FlamingoPay may engage third-party service providers, including affiliates, cloud service providers, payment processors, and verification services, to assist in delivering its services. FlamingoPay ensures that these providers adhere to standards equivalent to those under PIPEDA and are contractually obligated to protect Personal Data.
15.9. The data retention period is five (5) years from the date the relationship between the Parties is terminated, unless a longer period is required by law. After the retention period, Personal Data will be securely destroyed, anonymized, or deleted.
15.10. FlamingoPay may verify the identity of the Customer by collecting information directly or through third-party providers, including submitting inquiries to credit bureaus, identity verification services, or public registries.
15.11. FlamingoPay acts solely as a service provider to the Customer. FlamingoPay does not provide any services to Recipients unless they become FlamingoPay customers under separate contractual terms.
15.12. The Customer agrees that FlamingoPay may record telephone conversations and retain electronic correspondence with the Customer or their representatives. These recordings may be used as evidence in case of disputes, regulatory inquiries, or internal audits. FlamingoPay is not obligated to provide such recordings to the Customer.
15.13. The Customer agrees that their Personal Data, including account identifiers, may be disclosed to another FlamingoPay user initiating a Payment Transaction, if the user inputs a verified identifier of the Customer (e.g., email, phone number, bank details).
15.14. FlamingoPay may share the Customer’s Personal Data with third parties directly involved in executing a Payment Order, including international card organizations, payment processors, service providers of the Recipient, intermediaries, and payment system operators, to the extent required to complete the transaction or comply with applicable rules.
15.15. The Customer has the right to access their Personal Data, request correction or deletion where legally permitted, withdraw consent (where applicable), and file a complaint with the Office of the Privacy Commissioner of Canada (OPC) if they believe their data has been mishandled.

16. Liability of Parties
16.1. Each Party is responsible for any fines, penalties, and other losses incurred by the other Party due to a breach of the Agreement. The Party at fault agrees to compensate for direct damages caused by such breach. The liability of FlamingoPay under the Agreement is limited as follows:

FlamingoPay is only liable for direct damages caused by a substantial and direct breach of the Agreement, and only for damages that could have been reasonably foreseen by FlamingoPay at the time of the breach.
The amount of compensation for damages caused by FlamingoPay’s breach of the Agreement shall not exceed the average of the fees paid by the Customer to FlamingoPay in the last three (3) months for the Services. This limitation applies to the total amount of all violations in a given month. If the average for three months cannot be calculated, the compensation may not exceed USD 2000.00 (two thousand pounds).
FlamingoPay is not liable for loss of profit, income, reputation, or business failure, nor for indirect damages.
These liability limitations do not apply if prohibited by applicable law.

16.2. FlamingoPay does not guarantee uninterrupted operation of the System, as the operation of the System may be affected by many factors beyond FlamingoPay’s control. While FlamingoPay will strive to ensure smooth operation of the System, it will not be liable for consequences arising from System failures caused by factors beyond its control.
16.3. FlamingoPay will not be liable for malfunctions if the System has been accessible for more than 99% of the time over a period of at least three (3) months.
16.4. Temporary restrictions on access to the System, not exceeding 24 (twenty-four) hours, due to repairs, maintenance, or other similar reasons, and if FlamingoPay informs the Customer at least two (2) calendar days in advance, shall not be considered a malfunction.
16.5. FlamingoPay is not responsible for:

Withdrawals or transfers of funds from the Customer's account or other payment transactions involving funds held in the Customer’s account if the Customer failed to protect their passwords, PIN, or authorization code, and as a result, these became known to third parties. FlamingoPay is also not liable for unauthorized transactions or actions carried out by third parties using forged or illegal documents or data, if the Customer failed to notify FlamingoPay as required by clause 8.7.
Errors, delays, or missed transactions caused by financial institutions, billing systems, or other third parties.
Consequences arising from disturbances in fulfilling any obligations by FlamingoPay caused by factors beyond its control.
Consequences arising after FlamingoPay legally terminates the Agreement, cancels the Customer's Account, or restricts access to it, including after a reasonable limitation or termination of part of the Services.
Purchases of goods or services using the Customer's account, or any failure of a third party receiving payments from the Customer’s account to fulfill their obligations.

16.6. The Customer guarantees that all actions related to the execution of the Agreement will comply with applicable laws.
16.7. The Customer is fully responsible for the accuracy of the data, orders, and documents submitted to FlamingoPay.
16.8. If the Customer denies authorizing a Payment Transaction or claims that a Payment Transaction was executed incorrectly, FlamingoPay must prove that the authenticity of the Payment Transaction was confirmed, it was properly registered and recorded, and was not affected by any technical or other issues.
16.9. If the Customer is a consumer, they are responsible for any losses incurred due to unauthorized Payment Transactions, up to a maximum of USD 150, if the losses were caused by the Customer failing to protect their identity verification instruments, including password, PIN, or authorization code.
16.10. If the Customer is not a consumer and the Payment Transaction involves a currency from a foreign country or a member state, the Customer is fully responsible for any losses.
16.11. Provisions of this Agreement intended for consumers do not apply to Customers who are not consumers and act under this Agreement for business, commercial, or professional purposes.
16.12. If the Customer fails to make any payment due under this Agreement, Service Contract, or Price List on time, FlamingoPay may apply a penalty for each delayed payment, calculated on a daily basis until the payment is settled.
16.13. The penalty is calculated from the day following the due date of the payment until the day the payment is made.
16.14. A Party will be relieved from liability for non-compliance with the Agreement if they prove that the failure to execute the Agreement was due to force majeure circumstances, as defined by law. The Customer must notify FlamingoPay in writing (via email using an electronic signature) within 10 (ten) calendar days after the occurrence of such force majeure circumstances. FlamingoPay will notify the Customer of force majeure circumstances via email or through the Customer's Personal Profile.

17. Settlement of Disputes Between the Customer and FlamingoPay
17.1. FlamingoPay aims to resolve all disputes with the Customer amicably, promptly, and on mutually acceptable terms. In the event of a dispute, Customers are encouraged to first address FlamingoPay directly. Disputes will be resolved through negotiation.
17.2. If the Customer believes that FlamingoPay has violated their rights and/or interests protected by laws governing financial services or agreements, the Customer may submit a written complaint to FlamingoPay. If the Customer is a consumer, this complaint must be submitted within 3 months from the date when the Customer became aware or should have become aware of the violation.
17.3. The Customer may submit a claim or complaint regarding the Services of FlamingoPay by emailing, calling the Customer support center, or sending a notification via the Personal Profile.
17.4. The complaint should reference the circumstances and documents that form the basis of the complaint. If the Customer justifies the complaint with documents not held by FlamingoPay, the Customer should provide these documents or their copies.
17.5. Timeframes for consideration of Customer claims and complaints:

If the Customer is a consumer, FlamingoPay will review the complaint and inform the Customer of the decision within 14 (fourteen) days of receipt, unless legislation or other binding regulations governing FlamingoPay's services (e.g., international payment card organizations' rules) specify a different period.
If the Customer is not a consumer, FlamingoPay will review the complaint and notify the Customer of the decision within 30 (thirty) days of receipt, unless legislation or other binding regulations specify a different period.

17.6. If FlamingoPay cannot provide a response within the timeframe specified in clause 17.5, it will inform the Customer of the reasons and indicate when a response will be provided.
17.7. The analysis of complaints by FlamingoPay is free of charge.
17.8. If the Customer is not satisfied with the decision made by FlamingoPay, they have the right to pursue other legal remedies to protect their rights.
17.9. If the dispute cannot be resolved amicably or through other extrajudicial methods, the dispute will be settled by the courts in accordance with the procedures established by law. The court will be chosen based on the location of FlamingoPay’s registered office. If the Customer is a consumer, they may appeal to consumer dispute resolution institutions as per the applicable legislation.
17.10. The law of Canada will govern this Agreement, the Price List, and the Service Contract, as well as the relations between the Parties not otherwise regulated by this Agreement, except in cases where the laws of the Customer's home country apply under mandatory consumer protection provisions. This applies even if a dispute between the Customer and FlamingoPay falls under the jurisdiction of a court in another country, subject to the Customer's right to bring claims in their country of residence according to applicable laws.

18. Final Provisions
18.1. Each Party confirms that it possesses all necessary permissions and licenses required under applicable law for the execution of this Agreement.
18.2. This Agreement is concluded in electronic form. FlamingoPay may, upon the Customer’s written request, send the Agreement in written form to the address indicated by the Customer. The copy of the Agreement sent will not be signed by FlamingoPay. The titles of sections and articles in the Agreement are for convenience only and may not be used for the interpretation of the Agreement’s provisions.
18.3. The Parties are independently responsible for fulfilling all tax obligations towards the state and other relevant authorities. FlamingoPay is not liable for the Customer’s tax obligations, the calculation, or transfer of taxes related to the Customer.
18.4. FlamingoPay, in all cases, acts as an independent Party to the Agreement and does not control or assume responsibility for the products and services purchased through the FlamingoPay Services. FlamingoPay is not liable for ensuring that the buyer, seller, or any other party will fulfill the terms of any agreement made with the Customer.
18.5. The Customer may not assign any rights or obligations under this Agreement to third parties without prior written consent from FlamingoPay. FlamingoPay reserves the right to assign its rights and obligations under this Agreement to third parties at any time, without the Customer’s consent, as long as such transfer does not contradict applicable laws.
18.6. If any provision of this Agreement becomes invalid, the remaining provisions will continue to be in full force and effect.
18.7. This Agreement will come into force according to clause 3.6 of the Agreement. The Customer may save a copy of the Agreement when registering their Personal Profile on the System.
18.8. This Agreement is provided in English. The Agreement applicable to the Customer is concluded in the language in which the Agreement was presented to the Customer during the registration of their Personal Profile.
18.9. Any links to websites included in this Agreement and the Service Contract are considered an integral part of this Agreement and are applicable to the Customer from the moment they begin using the respective services.