Terms & Conditions
for Payment and Technology Services
1. General Provisions
1.1. These Terms and Conditions (the “Terms”) constitute a standard form service agreement between Kvaligate LLC (the “Company”, “Kvaligate”, “we”) and any person using Kvaligate services (the “User”, “you”) and define the rules for provision of payment-related and information technology services.
1.2. The Terms are addressed to legally capable natural persons and legal entities who access and use the Company’s services and are considered accepted from the moment of actual use of the Website or services.
1.3. In accordance with the Civil Code of Georgia, these Terms represent a standard contractual framework offered to an indefinite number of persons; by performing actions described in section 4 (including initiating a payment, submitting data, confirming an operation), the User enters into a binding agreement with the Company.
2. Definitions
For the purposes of these Terms:
2.1. Website – the Company’s online resource available athttps://kvaligate.com and its sub-domains, as well as integrated interfaces (widgets, APIs, payment pages) provided by Kvaligate.
2.2. User – a natural person or legal entity using the Company’s services to initiate or support payments, transfers, or other operations.
2.3. Payment Instrument – a bank card or other electronic payment means used by the User in accordance with the agreement with the issuing bank or other provider.
2.4. Partner Bank / Payment Service Provider – a licensed institution in Georgia or abroad that executes payment transactions and settlements initiated via Kvaligate services.
2.5. Services – technological and informational services provided by the Company, including acceptance, processing and secure transmission of payment-related data, routing of payment requests, and other IT services that facilitate interaction between the User, Partner Bank / Payment Service Provider and the recipient of funds.
2.6. Merchant / Recipient – a person (merchant, service provider or other beneficiary) in favour of whom the User initiates a payment or transfer.
2.7. Applicable Law – the legislation of Georgia, including, where relevant, the Civil Code of Georgia, the Law of Georgia on Payment Systems and Payment Services, the Law of Georgia on Personal Data Protection, and consumer protection rules.
3. Subject of the Agreement
3.1. The Company provides the User with technological Services for accepting and transmitting User instructions to Partner Banks / Payment Service Providers for execution of payments and/or money transfers, as well as for informational support of such operations.
3.2. Unless expressly agreed otherwise in a separate contract, the Company is not the recipient of funds under User operations and does not act as a bank or other licensed financial institution; funds are credited to the account of the Merchant / Recipient specified by the User or by the Merchant’s system.
4. Conclusion of the Agreement
4.1. The agreement between the Company and the User is deemed concluded at the moment the User accepts these Terms.
4.2. Acceptance of the Terms includes, in particular, any of the following actions:
navigating to a Kvaligate payment or service page;
entering Payment Instrument details or other required payment data;
confirming an operation by code, device, strong customer authentication, or similar means;
successfully completing a payment or other operation via Kvaligate interfaces.
4.3. The Terms are valid for an indefinite period until replaced or revoked by the Company through publication of an updated version on the Website.
5. Rights and Obligations of the Parties
5.1. The Company undertakes to:
transmit User instructions to Partner Banks / Payment Service Providers in a timely and secure manner;
provide the User (or Merchant, where applicable) with information on completed or attempted operations in a reasonable form;
ensure confidentiality and protection of personal and payment data in accordance with Applicable Law and the Company’s Privacy Policy.
5.2. The Company has the right to:
suspend or refuse execution of an operation where there are signs of violation of law, requirements of Partner Banks / Payment Service Providers, or these Terms (including AML/CFT and fraud-prevention rules);
request additional information or documents from the User to comply with legal or partner requirements;
modify the functionality of the Services, interfaces, tariffs and other conditions, publishing current information on the Website.
5.3. The User undertakes to:
provide accurate and up-to-date information and not use the Services for operations prohibited by Applicable Law;
comply with the rules of the issuer of the Payment Instrument and Partner Bank / Payment Service Provider;
ensure confidentiality of authentication means (codes, passwords, devices) and not transfer them to third parties.
5.4. The User has the right to:
receive information regarding operations carried out via the Services, in the scope and manner determined by these Terms and Applicable Law;
contact the Company with questions, claims or requests related to the Services.
6. Fees and Settlements
6.1. The Company’s fees and possible commissions (including those of Partner Banks / Payment Service Providers) may be indicated on the Website, in a Merchant’s interface, or directly on the payment page before confirmation of the operation.
6.2. Where a commission is deducted from the operation amount, the User is deemed to be informed of its amount at the moment of confirming the payment or operation.
7. Liability
7.1. The Parties are liable in accordance with Applicable Law and these Terms.
7.2. The Company is not liable for:
refusal by the issuing bank or Partner Bank / Payment Service Provider to execute an operation;
actions or failures of third parties (internet providers, payment systems, Merchants / Recipients, banks, processing centres);
losses incurred by the User as a result of violation of rules for using the Payment Instrument, disclosure of authentication means to third parties, or breach of these Terms.
7.3. The Company does not guarantee uninterrupted operation of the Services and is not responsible for temporary interruptions or failures caused by force majeure, scheduled maintenance, modernisation, or failures of third-party infrastructure.
8. Prohibited Activities
8.1. The User must not use the Services for operations that contradict Applicable Law, including but not limited to money laundering, terrorist financing, fraudulent schemes, illegal trade or other unlawful activities.
8.2. The Company may block operations, restrict access to the Services and provide information to competent authorities in cases prescribed by Georgian legislation (including financial monitoring and AML regulations).
9. Personal Data
9.1. Personal data of the User are processed by the Company in accordance with the Privacy Policy published on the Website and the Law of Georgia on Personal Data Protection.
9.2. By accepting these Terms, the User consents to the processing of his/her personal data to the extent necessary for the conclusion and performance of this agreement and for compliance with legal obligations of the Company.
10. Governing Law and Dispute Resolution
10.1. These Terms and any relations between the Company and the User are governed by the legislation of Georgia.
10.2. Claims and complaints shall be submitted to the Company using the contact details indicated on the Website. The Company will review a claim within a reasonable time not exceeding 30 calendar days from the date of receipt, unless a different period is established by law.
10.3. Disputes not resolved through negotiations may be submitted to the competent court of Georgia at the registered seat of the Company, unless mandatory provisions of Georgian law require a different jurisdiction.
11. Final Provisions
11.1. The Company may amend these Terms unilaterally. The new version becomes effective from the moment it is published on the Website, unless another effective date is specified.
11.2. Invalidity of any specific provision of these Terms shall not affect the validity of the remaining provisions.
11.3. The current version of the Terms is always available on the Website at https://kvaligate.com/ (or another URL specified by the Company).
