FRAMEWORK CONTRACT
payment services through payment account
Provider’s data:
Provider’s name: ‘MOLDCELL’ JSC
IDNO: 1002600046027
Legal address (headquarters): 3 Belgrad str., Chisinau municipality, Republic of Moldova, MD-2060.
E-mail: moldcell@moldcell.md
Web-site: www.moldcell.md
Offices of working points of the Provider:
https://www.moldcell.md/rom/moldcell_offices/29
Authority responsible for supervising the e-money issuer: National Bank of Moldova, web site: www.bnm.md
The authority responsible for the supervision and control in the field of consumer rights protection regarding payment services and electronic money: National Financial Market Commission, web page: www.cnpf.md
License of the e-money issuer: MMI Series no. 000477 of 21.03.2023
Registration number in the Public Register of e-Money Issuers: no. 7 of 17.03.2022
The subject of this Contract is the legal relations between ‘MOLDCELL’ JSC, as a company issuing electronic money, and you, as a User, which involves the use of moldcell money Payment Account and performance of payment operations through it.
The provisions of this Contact shall be supplemented, as appropriate, with legal provisions in force, in particular those governing the activity of e-money issuance, payment services and those aimed at preventing and combating money laundering and terrorist financing.
The Contract is concluded between ‘MOLDCELL’ JSC and you as a User, by accepting its provisions (adhering to the service) in moldcell money application, or by submitting an opening account request at one of the Provider’s direct subdivisions under the terms and conditions set forth below.
1. TERMS AND DEFINITIONS
For the purposes of this Contract, the terms that are not expressly defined herein will have the following meaning:
moldcell money - the services offered by ‘MOLDCELL’ JSC to its users, natural persons, consisting of opening a Payment Account and payment services, issuance of the Electronic Money and other services allowed by law and license. moldcell money services are listed on the web-site of the Provider - www.moldcell.md.
Authentication - the procedure enabling the Provider to verify the identity of the User of payment services or the validity of use of a certain payment instrument, by using the user's personalized security elements.
Personalized security elements - customized features provided by the Provider to the User for authentication purpose (Login and Password/PIN).
Login – a numeric identifier for User identification in moldcell money System. For this purpose, the mobile phone number provided by the User upon registration and used to send service messages will be used.
Password – an alphanumeric identifier assigned by the Provider to the User or established by the User during registration or subsequently changed by the User, which is necessary for User Authentication in moldcell money System and authorization of the Payment Operation.
PIN – a numerical identifier assigned by the Provider to the User or established by the User during registration or subsequently changed by the User, which is necessary for User Authentication in moldcell money System and authorization of the Payment Operation.
moldcell money System – the automated remote service system (ARSS) of Internet and mobile payments, which is an IT solution developed by ‘MOLDCELL’ JSC, and made available to the User, which allows the latter, through moldcell money Application, with authentication, to obtain information about the status of the payment account, the history of transactions made and, as the case may be, ordering of transactions to be made on behalf of the User by the Provider with funds available in the Payment Account.
moldcell money Application – a mobile application that enables Users to access moldcell money System and transmit and/or confirm payment order execution instructions to the Provider through a mobile device. Moldcell money Application can only be used after activation of the Payment Account.
User – a natural person who is registering in moldcell money System, or who has accepted the terms and conditions of this Contract, uses moldcell money Services in whole or in part strictly as a consumer, for needs other than entrepreneurial or professional needs.
Payment Account – an account held in the name of a User of payment services, used for execution of payment operations.
Application for Membership – the declaration of the User's will to use moldcell money Service, whereby he/she accepts the terms and conditions laid down in this Framework Contract, through a statement or an unequivocal action.
Acceptance of the terms and conditions of this Framework Contract shall also be considered as a filling out in writing and signing of the KYC (User’s identification) questionnaire at any of the Provider's working points, including in the form of an electronic document signed with a qualified electronic signature or by electronic means subject to the procedures established by the Provider.
Payment Operation – any operation of deposit or withdrawal of cash, fund transfers, payment of goods/services, as well as other operations performed through the Payment Account, which are provided for under this Framework Contract and the legislation in force.
Payment Order – an order related to credit transfer, which is given by the User to the Provider to pay a certain amount to another person (Beneficiary) to settle a financial liability of the User towards the Beneficiary.
OTP Code (one-time password) – a single-use code, sent by the Provider to the User through a SMS, intended for the User's authentication in order to access and authorize Payment Operations within the Payment Account;
e-money – a monetary value stored electronically, including magnetically, which is a claim against the issuer, which is issued upon receipt of funds (other than electronic money), for making certain payment operations, and which is accepted by a person other than the issuer of electronic money. Its nominal value is equivalent to the value of the MDL (1 Coin = 1 MDL).
Beneficial owner – a person who is the ultimate recipient of the funds that were the subject of a payment operation.
Client Identification (User) – to establish and verify the user's Identity by ID card, as well as other documents and/or information as described in Law nr. 308/2017, regarding antimoney laundering and counter terrorist financing.
Security question - setting a question that aims for an alternative method in case the PIN code is blocked by the application use.
2. SUBJECT OF THE CONTRACT
2.1 ‘MOLDCELL’ JSC hereunder undertakes to provide the User with payment services, to issue and redeem e-money through the payment account.
3. TERM OF THE CONTRACT
3.1. This Contract is concluded for an indefinite period of time and may be terminated under the terms and conditions set forth below and the legislation in force.
4. OPENING OF THE PAYMENT ACCOUNT
4.1. The User can request opening of a Payment Account by accepting this document and by making the following steps:
a. The User accesses moldcell money Application, the Registration section;
b. The User shall follow the displayed instructions. During this procedure, the User shall provide the mobile phone number. This mobile phone number will be used as a Login to access and identify the account, to subsequently authenticate the User in moldcell money System;
c. The User shall become aware of this Framework Contract and shall confirm that he/she accepts its provisions by ticking the special section of moldcell money Application;
d. After entering all the data indicated in this section, the Provider shall send to the phone number provided by the User a SMS message with an OTP Code that the User shall enter in moldcell money System to verify whether the phone number is correct and confirm the fact of possession of this phone number by the User;
e. After successful confirmation of the OTP Code, the User shall set the PIN Code with which he/she shall log in moldcell money System through moldcell money Mobile Application. Depending on the technical capabilities of the mobile device on which moldcell money Application is installed, after setting the PIN Code, the User can set Biometric Authentication (fingerprint or face identification) for Authentication and authorization of Payment Operations. The Biometric Authentication setting procedure is established by the manufacturer of the device used by the User.
f. The User shall be responsible for maintaining the confidentiality of the Payment Account Password/PIN and shall be responsible for all activities in the Payment Account. The User shall immediately notify the Provider of any unauthorized use of his/her Password/PIN or Payment Account or any other breach of security. The Provider may not and will not be liable for any loss or damage resulting from the User's failure to provide accurate information or to keep his/her Password/PIN safe.
g. According to the normative acts in force, it is prohibited to open and keep anonymous accounts, accounts in fictitious names, accepting payments made using anonymous prepaid cards, except under the conditions established by law, for which each User must go through the identification process.
h. For the client Identification process, the User will complete all the fields displayed with his/her identification data or other related information, but not exceed term of 28 days from the initial contract signing.
i. The user will pass the identification process remotely by scanning (recto and verso) the identity card of the Republic of Moldova citizen in moldcell money system. Then will pass the verification during a video session by face-matching. The system will archive a photo on both sides of the valid identity card (recto and verso) and a customer’s photo.
j. The User might be called via a video-call by a Provider’s representative trough moldcell money application in order to confirm the User’s identity.
k. The User may also come personally to one of the Provider's working points, the addresses of which are provided on the web-site www.moldcell.md to complete the identification procedure based on a valid identity document, as well as by filling out and signing the ‘Client - Natural Person Questionnaire’ with his/her identification data and other relevant information.
l. After verification and confirmation of the provided information and acceptance by the Provider of the Application for Registration, and documents/information provided by the User, this Framework Contract between the User and the Provider shall be considered concluded.
The User may also request the conclusion of this Framework Contract with the application of the holographic signatures of both Parties if the User has been identified during his/her visit to one of the Provider's working points, the addresses of which are provided on the web-site www.moldcell.md;
4.2. The User who is not a citizen of the Republic of Moldova and/or is identified as a politically exposed person (PEP) and/or family member of the politically exposed person and/or who is not the Beneficial Owner of the Payment Account (as defined in the applicable legislation), can pass the client identification process, only by visiting the direct working points of the Provider, with mandatory identification of the actual Beneficiary/Beneficiaries of this Payment Account.
4.3. The Provider may refuse to open the Payment Account, suspend the possibility of using the Payment Account and the execution of Payment Operations unless the User submits the documents and/or information requested by the Provider, or if the User provided incomplete or untrue data.
4.4. The User must update the information provided during the identification procedure and notify the Provider about the subsequent change of personal data within 30 calendar days from such change. In this regard, the User shall submit to the Provider documents certifying the change.
4.5. After identification of the User, the subsequent change of his/her data in moldcell money System shall be possible subject only to the consent of the Provider.
4.6. Precautionary and KYC measures shall be applied by the Provider in accordance with the legal framework in force and internal regulations on preventing and combating money laundering and terrorist financing.
4.7. To be able to use moldcell money services, the User shall meet all of the following conditions:
- be a natural person with full exercise capacity;
- hold a valid identity document at the time of completing the identification procedure.
- has successfully passed the client identification process, according with normative documents and Provider’s procedures.
4.8. Identification of the User and activation of the Payment Account with the new level of identification shall take place within 3 working days from the day on which the last document or information requested by the Provider has been provided. The term provided for in this Clause can be extended by the Provider for the proper application of KYC procedures, in order to prevent money laundering and the financing of terrorism.
4.9. A phone number (Login) can be used to open one Payment Account in moldcell money System.
5. EXECUTION OF PAYMENT OPERATIONS FROM THE PAYMENT ACCOUNT
5.1. The Payment Account can be used to execute the following payment operations:
a) replenishing the Payment Account by depositing cash at the Provider's direct subdivisions or by transferring the advance held on the account of Moldcell mobile number;
Replenishment of the payment account by refunding the advance on the account of the Moldcell mobile phone number is available for subscribers who have contracted public mobile telephony services with the conclusion of contracts in written or electronic form, after an active period of the card in the Moldcell network, of at least 45 days;;
b) payment of goods and services;
c) money transfers;
d) cash withdrawals from the Payment Account;
e) other types of Payment Operations allowed by law and that will eventually be made available by the Provider and described on the web-site www.moldcell.md.
5.2. The mentioned operations in clause 5.1.(c) and (d) can be requested only by the identified Users who have succesefully passed the client Identification process.
5.3. The instruction regarding the Payment Operation and authorization of the Payment Operation by the User shall be followed by Authentication in moldcell money System.
In case of executing a Payment Operation through moldcell money Application to confirm the authorization of execution of the Payment Order, the PIN or biometric authentication shall be used.
Exceptions to entering the Password/PIN are cash deposit transactions at the working points of the Provider.
5.4. The User may order Payment Operations with immediate execution within moldcell money System.
5.5. The Provider shall execute the payment order by transferring the specified amount from the User's account to the Beneficiary's account held with the Provider or with another payment service provider, if this transfer is possible (available amount, limits, etc.).
5.6. The Provider shall debit the Payment Account from which the transfer is made, which leads to reduction of funds available in it.
5.7. The Payment Order authorized by the User on days off or after 16:00 shall be executed on the next business day.
5.8. The User may revoke or modify the payment order, only until the moment of receiving it for execution by the Provider, since after that the Payment Operation authorized by the User cannot be revoked.
5.9. The moment of receipt of the Payment Order from the User shall be considered the moment of receipt of the Payment Order by moldcell money System, as confirmed by the Provider (through a SMS and a notice in moldcell money Application).
Receipt of the Payment Order by the Provider can also be confirmed by printing the receipt, on paper, if the funds for payment are deposited in cash (at cash-in terminals or at direct working points of the Provider).
5.10. The Provider may refuse to execute the Payment Operation ordered by the User, if it has reasonable suspicions as to the identity of the parties involved in the Payment Operation or the User's involvement in money laundering or terrorist financing operations.
5.11. For the execution of Payment Operations, through the Payment Account, the Provider charges commission fees according to the rates set at that time.
5.12. In the case of execution of Payment Operations through the automated system of internal payments (SAPI), the provisions of this Contract are supplemented, as appropriate, with the rules of the Regulation on the automated system of internal payments approved by the National Bank of Moldova and the Rules of Use a "MIA" Instant Payment System, published on the Provider's website.
6. Closing the Payment Account. Termination of the Framework Contract
6.1. Closing the Payment Account entails termination of this Contract.
6.2. The Payment Account can be closed at:
a) the User's request, with a notice of 10 (ten) days before the date from which the closure of the Payment Account is requested, through moldcell money Application;
b) the Provider's initiative, if it is found out that the information or the documents submitted when opening the Payment Account or during customer’s identification are incomplete or untrue.
c) the Provider may unilaterally close the Payment Account of the User, if:
- no Payment Operation has been registered on the Payment Account during 24 consecutive months, and its balance is 0.00 (zero) MDL or is negative.
- the balance of the Payment Account is higher than 0.00 (zero) MDL, but does not exceed the equivalent of 1 000 (one thousand) MDL and, during the last 3 consecutive years, no Payment Operation has been performed to/from the account, other than the settlement of commission fees or other payments due to the Provider.
d) the Provider may close the Payment Account, if it identifies fraudulent use of the Provider's services, or has reasonable suspicions regarding the purpose and/or nature of transactions made through the Payment Account of the User.
e) as agreed by the Parties in a Termination Agreement made in writing or as an electronic document and signed by both Parties with a holographic or qualified electronic signature.
The closure of the Payment Account shall be notified by the Provider to the User at least 5 (five) calendar days before the closure date via SMS or e-mail.
6.3. Until the closure date of the Payment Account, the User shall be obliged to pay the Provider all debts related to the use of the Payment Account. For this purpose, the User authorizes the Provider to debit the amount of these debts from the Payment Account.
6.4. The Payment Account cannot be closed, if interim or enforcement measures are applied to the funds in the Payment Account based on the enforcement documents issued according to the legislation in force.
6.5. When the Payment Account is closed, the available funds (excepts for funds issued freely by the Provider during promo campaigns) shall be returned in cash personally to the User or to his/her representative, at the working points of the Provider unless there are encumbrances applied according to the law.
7. Rights and Obligations of the Parties
7.1. The Provider shall have the following obligations:
7.1.1. The Provider undertakes to execute the Payment Orders of the User as they are, in good faith and with the diligence required from a professional, subject to the relevant standards and good practices.
7.1.2. to ensure the confidentiality of the User's data, of the security elements of which he/she is aware and of the Payment Operations, in accordance with the law;
7.1.3. to ensure that the User is able to notify the Provider and request to temporarily block the access to the Payment Account, in the event that the Personalized Security Elements have been compromised or there is a suspicion of their compromise, which would allow unauthorized access to the Payment Account.
For this purpose, the Provider shall make the following telephone numbers available to the User: (+373 22) 444 444, during working hours: 08:00 – 23:00.
7.1.4. to temporarily block the possibility of using the Payment Account, within no more than 1 hour from the moment when the Provider's customer relations service receives the User's notice about the compromise of the Personalized Security Elements, about the loss, theft or misappropriation of the Personalized Security Elements, or any other unauthorized use of the same.
7.1.5. should the Provider fail to execute an accepted Payment Order according to the User's instructions, the Provider shall be obliged to return to the Payment Account of the User the funds that have been transferred incorrectly.
7.1.6. to make available to the User the funds that have been transferred to him/her through the Provider, as soon as he/she receives these funds from the payer's payment service provider, by crediting the relevant amount to the Payment Account of the User.
7.1.7. makes available to the User electronically through moldcell money Application, monthly and free of charge, account statements in which all payment operations performed through the Payment Account shall be specified, including:
- the payment operations through which the Payment Account is debited (payments to third parties);
- the payment operations through which the Payment Account is credited (receipts);
- commission fees collected by the Provider by direct debit from the Payment Account.
The request to issue account statements on paper shall be submitted in writing by the User to the addresses indicated on the website www.moldcel.md.
7.2. The Provider shall have the following rights:
7.2.1. to request documents and information necessary to identify the client (User) when opening the Payment Account;
7.2.2. to request information on payment operations in accordance with the applicable legislation and internal rules, in order to prevent and combat money laundering and terrorist financing
7.2.3. to establish and collect commission fees from the User for the provided services;
7.2.4. to refuse to execute payment operations in cases where it has reasonable suspicions regarding the identity of the parties involved in the Payment Operation, or the involvement of the User in money laundering or terrorist financing operations;
7.2.5. to transmit commercial communications (direct marketing) and to process the User's personal data for the purpose of conducting market studies, directly or through companies specialized in this regard;
7.2.6. to record the User's telephone conversations with the Provider's customer service representatives in order to identify the User's needs and improve the services offered by the Provider. The User is informed in this regard, at the time of requesting a conversation with a representative of the customer relations service and is able to refuse the conversation;
7.2.7. to unilaterally change this Framework Contract, the conditions of use of the payment account as well as the related commission fees and rates, notifying the User of this fact, by publishing that information on the web-site: www.moldcell.md and in moldcell money Application, at least 2 months before their effective date. In this case, the User has the right to terminate the Framework Contract immediately and free of charge, before the date of entry into force of the proposed changes.
The changes shall be considered tacitly accepted by the User, if he/she has not terminated this Framework Contract before the date of their entry into force.
7.2.8. The stipulations from 7.2.7. clause are not applied in case of modifications operated in result of adopting normative acts.
7.3. The User shall have the following obligations:
7.3.1. to provide truthful information and the documents requested by the Provider when opening the Payment Account for client identification or necessary for the execution of a Payment Operation;
7.3.2. to pay the commission fees/rates set for the Provider's services;
7.3.3. to immediately inform the Provider about cases of compromise of the Personalized Security Elements, as well as about any unauthorized use of the Payment Account, and to transfer to the Provider the information necessary to make investigations;
7.3.4. to pay, in case of illegal theft or loss of the Personalized Security Elements, all payments generated by using the services until the moment of temporary blocking of access to the Payment Account by the Provider;
7.3.5. not to use the Provider's services for illegal purposes, in fraudulent operations or money laundering or terrorist financing;
7.4. The User shall have the following rights to:
7.4.1. use the Payment Account under the terms and conditions and within the limits laid down in this Framework Contract, and to benefit from the services
7.4.2. terminate the Framework Contract immediately and free of charge, before the effective date of the changes proposed by the Provider;
7.4.3. receive, upon request, on a hard medium, the terms and conditions of this Framework Contract, as well as the pre-contractual information;
7.4.4. request correction or cancellation of the Payment Operation executed by the Provider wrongly or without authorization from the User, within 2 months from the date when the amount has been debited from the Payment Account;
8. Security of moldcell money System
8.1. The security of moldcell money System is aimed at:
8.1.1. ensuring security of the Payment Amount and of funds available in it; as well as the confidentiality of information about it;
8.1.2. ensuring that the Payment Operations that involve debiting the Payment Account can be performed on behalf of the User only by the User by using personalized security elements.
8.2. The security of moldcell money System shall be ensured through the following authentication requirements:
8.2.1. the person can join moldcell money System as a User subject only to the registration within moldcell money System by establishing Personalized Security Elements (Login and Password);
8.2.2. the person can obtain access to moldcell money System as a User subject only to the Authentication procedure;
8.2.3. during the session of use of moldcell money System, the Payment Order shall be authorized and sent for execution to the User Provider subject only to additional Authentication (the PIN shall be entered for each Payment Order).
8.3. The basic security factor of moldcell money System is Authentication, respectively security is to the greatest extent based on the User's ensuring non-compromise of the Personalized Security Elements including:
8.3.1. Non-compromise of the User's identification data.
8.3.2. Non-compromise of the Password/PIN. Compromise of the Password/PIN is a situation in which the User is not firmly convinced that it is not accessible to third parties.
8.3.3. Non-compromise of one-time passwords received from the Provider via SMS. The compromise of one-time passwords is the situation in which the User is not firmly convinced that they are not accessible to third parties.
8.3.4 Non-compromise of data used by the device from which moldcell money system is accessed for Biometric Authentication (fingerprint or face identification). The compromise of this data is a situation in which the User is not firmly convinced that a third party has not have access to the device from which moldcell money system is accessed or on which moldcell money Application is installed.
8.4. The User shall be responsible for maintaining the confidentiality of the Payment Account Password/PIN and shall be responsible for all activities in the Payment Account.
8.5. The User agrees to immediately notify the Provider of any unauthorized use of the Password/PIN or the Payment Account, or any other breach of security. The Provider cannot and will not be liable for any loss or damage resulting from the User's failure to provide accurate information to the Provider or to keep the Password/PIN secure.
8.6. To prevent the compromise of the Custom Security Elements, the User:
8.6.1 shall not write the Password/PIN on a medium that allows association with moldcell money System;
8.6.2. shall change the Password/PIN regularly;
8.6.3. shall ensure that the device from which moldcell money System is accessed, including using specialized software (antivirus, firewall, etc.), is protected;
8.6.4. to limit the access of third parties to the device, from which they access moldcell money System by setting the Password/PIN or biometric authentication (fingerprint or face identification);
8.7. To increase security, the User is advised:
8.7.1. to request Payment Operations only in his/her presence;
8.7.2. to request the receipt of the Payment Operations made and carefully check the information on it (date, account number, transaction amount) in case of Payment Operation made directly to the merchant or to the payment agent;
8.7.3. to immediately check the balance of the Payment Account, in case of failure of the Payment Operation;
8.7.4. to keep all receipts of Payment Operations and verify them with the account statement.
8.7.5. To inform the Provider of any circumstances that create reasonable doubts as to the security of using moldcell money System.
8.8. Requirements for the PIN set by the User:
8.8.1. The PIN shall contain a combination of 4 digits;
8.8.2. It is forbidden to set the PIN that coincides with the last PIN previously set by the User;
8.8.3. The moldcell money system will block the possibilty to introduce the same PIN after 3 consecutive wrong attempts to introduce the PIN code. In case of PIN blocking or if the User has forgotten the PIN, the client can request a new PIN, as following:
a) The user contacts the Support client service of the Provider and after a successful validation of his/her identity, the Provider representative proceeds to reset the PIN. Further, a temporary PIN is sent to a phone number associated with the user's Account. This PIN will be used temporarily by the User for a single authentication, after that, he/she will have the possibility of a new PIN configuration.
b) If the User sets the security question and remembers the correct answer, the User can reset the PIN on his own, just following the instructions from moldcell money application.
8.8.4. Moldcell money System will require the User to change the PIN at least once every 365 days.
8.9. Requirements for the Password set by the User:
8.9.1. The Password shall contain at least 8 and no more than 20 symbols, including at least one number, one capital letter and one special character;
8.9.2. It is forbidden to set the Password that coincides with the last Password previously set by the User;
8.9.3. Moldcell money System will suspend the possibility to enter the Password for 15 minutes after each 3 consecutive wrong entries of the Password;
8.9.4. Moldcell money System will require the User to change the Password at least once every 365 days.
9. Transaction Limits
9.1. After opening the payment account within moldcell money System, the User can use the available payment services depending on the level of identification.
9.2. The moldcell money system enables the use of Payment account at three levels of User’s identification:
- Unidentified - in case when the client’s identity and/or the beneficial owner verification are ended after the creation of the business deal, which is realized as soon as possible, but not later than 28 days from the initial contract signing;
- Partially Identified (The Identification and verification of clients’ identity via electronic means, without using the qualified electronic signature);
- Totally Identified (The Identification and verification of the client's identity with the use of qualified electronic signature or in person, at Moldcell working points).
9.3. If during the process of account registration from moldcell money application, the Identification process of the client was not ended with success, The User receives automatically the status of Unidentified User.
Unidentified Users within moldcell money System will have the following transaction limits:
- maximum deposited value – 3 000 MDL
- limit per transaction – 3 000 MDL
- daily limit – 3 000 MDL
- monthly limit – 3 000 MDL
- cash withdrawal – 1 000 MDL per transaction
- initiation of transfers – not available
- services available for payment - partially (restrictions of using some services)
The Provider will suspend the payment account, in case the User do not pass successfully the Identification process during 28 days from the payment account creation.
9.4. The partial identification shall be performed within one business day from the moment of completion of the identification phases referred to in Clause 9.5.
9.5. At identification and verification of the client's identity by electronic means, without using an electronic qualified signature, the User will pass the following steps:
a) Scan the identity card of Republic of Moldova citizen (recto and verso) in moldcell money system and pass the verification during a video session and face-matching. The system will archive a photo on both sides of the valid ID card (recto and verso) and a client’s photo.
b) complete the online registration form in application;
c) also the User can be contacted via video call by a Provider’s representative via moldcell money application, in order to confirm the User’s identification.
c) from moldcell money app with the help of a camera on the mobile device, will pass the process identity verification. In this process, it is verified if the photo (photos) or video registration match the photo (photos) from the User’s official document (documents).
d) To pass this procedure, the requester should hold a high-resolution camera.
This type of Identification offers the following transactional limits:
- the maximum value on account – 20 000 lei
- the limit per transaction – 15 000 lei
- daily limit – 15 000 lei
- weekly limit – 20 000 lei
- monthly limit – 30 000 lei
- available cash withdrawal
- P2P transfer (electronic wallets) - available
- P2P transfer to persons without wallet – maximum 1 000 lei per transaction
- available services for payment – all package of services
9.6. The clients’ identification and identity verification (Users) by electronic means, without using qualified electronic signature, won’t be executed in case when the customer is not a citizen of Republic of Moldova, is not the Beneficial owner of the account and/or if the customer is politically exposed person (PEP) and/or is a family member of the politically exposed person. For these requesters is allowed the identification only in person, as visit at the Moldcell working points and passing the identification process described at clause 9.7.
9.7. When fully identifying the User, the following steps shall be made:
a) identification of the User at the direct subdivisions of the Provider, through:
- submission of a valid identity document (identity card of the citizen of the Republic of Moldova with accompanying card / residence permit in the Republic of Moldova, foreign passport);
- signing the User identification form.
b) signing the User identification form with the qualified electronic signature (for the Republic of Moldova only), by:
- signing the identification form with the qualified electronic signature of the User.
Such identification provides the following transaction limits:
- maximum deposited value – 100 000 MDL
- limit per transaction – 100 000 MDL
- daily limit – 100 000 MDL
- weekly limit – 100 000 MDL
- monthly limit – 100 000 MDL
- cash withdrawal - available
- P2P transfer (electronic wallets) – available
- P2P transfer to persons without wallet – maximum 1 000 lei per transaction
- services available for payment - the whole range of services
9.8. The Provider may additionally apply other limits in accordance with the requirements of the legislation in force.
10. Liability of Parties
10.1. The Provider limits its liability only to the direct damage caused to the User by failure to execute or delayed execution of a Payment Operation, transmitted according to the procedure described in this Contract, the failure to execute or delayed execution being caused by intention or gross negligence ascertained by a final court decision. In case of an incorrectly executed/unauthorized Payment Order, direct damage means the amount wrongly debited from the Payment Account (in the absence of a Payment Order from the User or not in accordance with the Payment Order received), and the User shall be compensated by crediting the Payment Account with the wrongly debited amount.
10.2. The Provider shall not be responsible for any damages, whether direct or indirect ones, suffered by the User for reasons not attributable to the Provider, including those arising from the User's failure to ensure the confidentiality of the Personalized Security Elements.
10.3. The user of the payment services can obtain the correction of a payment operation from the Provider only if he informs the Provider, as soon as possible, but no later than 13 months after the date of debiting his account, about the fact that he has found an unauthorized payment operation or improperly executed,
10.4. If the User has not ensured the security of the personalized security elements of the payment account, he bears the losses related to any unauthorized payment operation, resulting from the occurrence of an emergency situation (loss, theft or appropriation of the payment instrument), up to the amount of 2500 lei.
10.5 If the User is not also the holder of the subscription contract for the mobile phone number used for Authentication and authorization of Payment Operations, he/she shall declare on his/her own responsibility that he/she has obtained the consent of the holder of the subscription contract for the use of the phone number, including for the purpose of benefiting from moldcell money Services.
11. Personal Data Processing
11.1. The personal data of the User shall be processed in accordance with the Privacy and Personal Data Protection Policy adopted by ‘MOLDCELL’ JSC and published on the web site www.moldcell.md.
11.2. The Provider shall notify the User that the purposes of processing personal data, including those with identification function (personal numerical code, series and number of the identity document), are as follows:
a) To provide moldcell money Services
b) To transmit commercial communications (direct marketing) and to conduct market studies, directly or through specialized companies in this regard
c) For the establishment of databases and their use in connection with the provision of the services that are the subject of this Contract
d) In order to transmit to the authorities or legally established private entities for identification, evaluation and prevention of the risk of fraud and prevention and combating of money laundering and terrorist financing.
11.3. The Provider may transfer personal data to entities in states that ensure an adequate level of protection of personal data, in compliance with the legal provisions in force.
11.4. The Provider shall inform the User that he/she has the rights provided for in the legislation in force on personal data protection, and namely the right to information, the right to access, intervene on the data and the right of opposition, which he/she can exercise through a written request addressed to Provider.
12. Final Provisions
12.1. By submitting the Application for Registration, this Contract shall be considered concluded between the User and the Provider, and the User agrees with its provisions.
12.2. All disagreements and/or disputes arising between the User and the Provider regarding the use of moldcell money System shall be resolved amicably, through negotiation. In case of exhaustion of all means of amicable settlement of disputes, they shall be settled by competent courts, in accordance with the legislation of the Republic of Moldova.
The complaint resolution procedures available to the user of the payment services are established in the Law no. 114/2012, the normative acts of the NBM and the internal acts of the Provider made public on its web page.
The Provider examines the User's complaint and communicates its decision within 15 working days at the latest from the receipt of the complaint.
In exceptional situations, if the answer cannot be provided within 15 working days for reasons beyond the will of the Provider, it is obliged to send a provisional answer, in which it explicitly indicates the reasons why the answer to the complaint will arrive late and the deadline in which the User will receive the final answer. The deadline for receiving the final answer cannot exceed 35 working days from the receipt of the complaint.
12.3. The Parties shall be exempted from liability if the provisions of the Contract cannot be complied with as a result of an impediment beyond the control of the Party concerned. The Party invoking as a reason an impediment shall notify the other Party in writing, within 5 (five) business days both from the occurrence of the respective event and from its termination.
12.4. All requests, questionnaires to be filled out and submitted by the User upon signing this Contract, as well as during the contractual relation, will be an integral part and complement the provisions of the Contract.