This document constitutes a public offer made by WMT LLC, a company incorporated and existing under the laws of Saint Vincent and the Grenadines, registration number 3033 LLC 2023, hereinafter referred to as “WMT”, to enter into an agreement for the provision of guaranteed delivery and storage services for electronic messages on the terms and conditions set forth below.
The person accepting this Offer is hereinafter referred to as the “Client”.
WebMoney Transfer System (hereinafter referred to as the System) - an information system for the guaranteed delivery and storage of electronic messages operated by WMT.
Client - an individual or legal entity registered with WMT, assigned a WMS and using the System to send or receive Messages.
WMS - a WMT identifier constituting a unique technical account identifier used to identify the sender or Recipient of a Message within the System.
WMS is not a postal address, telephone number, bank account detail, electronic signature or proof of identity outside WMT unless expressly provided otherwise by a separate agreement.
Recipient - a registered WMT client to whose WMS the Client sends a Message.
Message - an electronic file, document, structured data set or other electronic object in a format prescribed by WMT and transmitted through the System to the Recipient. A Message may be created directly by the Client or through a Third-Party Service.
Third-Party Service - an independent information system using the WMT API to link accounts, create Messages and initiate their transmission through the System pursuant to the Client’s authorization; one such service is the PAYMER system operated by Paymer PDNN Ltd (BVI Company No. 2215609).
WMT API - an application programming interface provided subject to WMT terms and used for technical interaction with the System. The description and technical specifications of the WMT API are published at: https://www.webmoney.com/rus/developers/api.shtml.
Guaranteed Delivery - a set of technical actions performed by WMT involving receipt of a Message, assignment of an identifier to it, storage thereof, making the Message available to the Recipient through the specified WMS and recording the Message Statuses.
Guaranteed Delivery does not constitute a guarantee that the Recipient will read or otherwise review the contents of a Message, accept a document, comply with any requirements contained therein, or that any other legal or economic result will occur.
Message Status - a technical state of a Message recorded by WMT: “accepted by WMT”, “stored by WMT”, “sent”, “available to Recipient”, “received by account”, “opened or downloaded”, “delivery impossible” or “storage period expired”. The specific list of supported statuses shall be determined by the functionality of the System.
Personal Account - the secure area of the System accessible to the Client following authentication and used to manage WMS identifiers, Messages, permissions and account settings.
Fees - the terms and amounts of charges for WMT services published by WMT or displayed to the Client.
2.1. Upon the Client’s instruction, WMT receives, stores and delivers Messages in the prescribed format to the WMS selected by the Client, and the Client shall comply with this Offer and the technical restrictions displayed directly in the WMT interface or applicable API.
2.2. As part of the Service, WMT registers the Client, assigns a WMS, receives a Message from the Client or through a Third-Party Service authorized by the Client, verifies the technical format, assigns an identifier to the Message, records the WMS of the sender and Recipient, stores the Message and the technical log, makes the Message available to the Recipient and records its technical statuses.
2.3. WMT’s obligation to deliver a Message shall be deemed duly performed when the Message is assigned the status “available to Recipient”, unless another point of completion is expressly specified at the time the Message is sent or under separate terms applicable to the relevant service.
2.4. As between WMT and the Client, Message Statuses confirm solely the corresponding technical actions involving the account and the Message. They do not, by themselves, constitute confirmation of the identity of any individual, the Recipient’s understanding or consent, the accuracy or authenticity of the contents, the conclusion of a transaction, acknowledgement of a debt, the validity of a signature or the occurrence of any other legal consequences.
2.5. WMT is not a party to any Message, document, transaction or other legal relationship in connection with which a Message is sent and does not provide legal verification, notarization, state registration or verification of authority services unless expressly provided otherwise under a separate agreement.
3.1. The Agreement shall be concluded electronically by the Client’s full and unconditional acceptance of this Offer. Acceptance shall include confirmation of consent during registration, receipt and activation of a WMS, linking a WMS to a Third-Party Service, sending the first Message or any other action expressly identified in the WMT interface as constituting acceptance of this Offer.
3.2. Prior to acceptance, the Client shall be provided with access to this Offer. WMT shall record the date, time, method and version of the Offer accepted by the Client, as well as technical information necessary to evidence conclusion of the Agreement and ensure security.
3.3. For registration purposes, WMT may request contact and identification information, details of a representative of a legal entity, supporting documentation and additional means of authentication. The Client shall provide accurate information and keep such information up to date.
3.4. Upon completion of registration, WMT shall assign one or more WMS identifiers to the Client. The right to use a WMS shall remain valid for the duration of the relevant account and shall not constitute confirmation of the Client’s business reputation, solvency, authority or legal status beyond the information expressly verified by WMT.
3.5. The Client shall ensure the security of its access credentials. Actions performed following successful authentication shall be deemed to have been performed by the Client until WMT receives and processes notice that the relevant access credentials have been compromised.
3.6. The Client shall not transfer an account or access credentials to third parties, use another person’s WMS without its owner’s authorization, impersonate another person, provide false information or create accounts for the purpose of circumventing restrictions.
4.1. The Client may link a WMS belonging to the Client to an account maintained with a supported Third-Party Service for registration, authorization, creation and transmission of Messages.
4.2. Such linking shall take place after authentication of the Client and the Client’s consent given through the WMT interface or by another method made available by WMT. Within the scope of such consent, WMT shall confirm to the relevant Third-Party Service that the WMS is associated with the Client’s account.
4.3. The categories of information to be disclosed, the purpose of disclosure and the validity period of the authorization shall be displayed to the Client before consent is granted. Such information may include the WMS, confirmation of its validity, the technical account identifier, the Client’s name or corporate name, identification status and other information expressly disclosed to the Client.
4.4. Merely entering a WMS within a Third-Party Service does not, by itself, constitute the Client’s consent to the disclosure of data. The Client may withdraw an authorization through the Personal Account; such withdrawal shall operate prospectively and shall not affect disclosures previously made pursuant to the authorization.
4.5. Any subsequent processing of information disclosed to a Third-Party Service shall take place outside the System and shall not be governed by this Offer.
5.1. A Message may be created by the Client or through a Third-Party Service. WMT does not control the creation, completion, signing or verification of a document outside the System and shall be responsible solely for receiving, storing and delivering the Message after it has been transmitted to WMT.
5.2. A Message transmitted by the Client through a Third-Party Service shall be accepted by WMT provided that the Client has valid authorization, the sender’s and Recipient’s WMS identifiers are valid, the Message complies with the prescribed technical format and applicable restrictions and payment conditions have been satisfied.
5.3. Transmission of a Message through a Third-Party Service shall be deemed an action of the Client where such transmission occurs within the scope of authorization granted by the Client. For certain categories of Messages, WMT may require additional confirmation from the Client.
5.4. The Client independently selects the Recipient and shall verify the WMS and contents of the Message before sending it. WMT verifies the technical validity of the WMS but is not required to establish whether that WMS belongs to the particular person to whom the Client intended to send the Message. The risk of selecting an incorrect Recipient shall be borne by the Client.
5.5. WMT does not verify the correctness of any form or interface of a Third-Party Service, the sufficiency of signatures or attachments, the accuracy or authenticity of information entered into a document or the compliance of a document with the laws applicable to the relationship between the Client and the Recipient.
5.6. Following acceptance of a Message, WMT shall not be required to change the Recipient, recall the Message or replace it. Cancellation may be available only before the Message is assigned a status after which cancellation is no longer available.
5.7. After an identifier has been assigned to a Message, the contents of the accepted Message shall not be modified, except for technical transformations necessary for its storage, display or delivery that do not alter its meaning.
6.1. A Message shall be deemed accepted by WMT after WMT has received the complete electronic object, recorded the sender’s and Recipient’s WMS identifiers, assigned a unique identifier and assigned the status “accepted by WMT”. Creation of a document outside the System does not, by itself, constitute acceptance of that document by WMT.
6.2. WMT shall retain the Message, its identifier, the sender’s and Recipient’s WMS identifiers, the date and time of acceptance, a checksum or other integrity identifier, the status history and information necessary for security and evidence of delivery.
6.3. The storage period applicable to a Message shall be determined by the terms displayed to the Client before the Message is sent. Upon expiry of the applicable storage period, WMT may delete the Message or transfer it to an archive; the technical log may be retained for a longer period where necessary for compliance with applicable law or the Agreement or for the protection of WMT’s legitimate interests.
6.4. Delivery shall be effected by making the Message accessible to the Recipient through the account associated with the specified WMS. WMT may additionally send an email, push notification, SMS notification or other notification; failure to deliver such notification does not constitute failure to deliver a Message that is available through the Recipient’s account.
6.5. WMT does not guarantee delivery within any particular period unless such period is expressly specified at the time of sending or under a separate applicable tariff.
6.6. WMT shall maintain an electronic transaction log. At the Client’s request, WMT may provide a confirmation containing the Message identifier, the sender’s and Recipient’s WMS identifiers, the dates and times of relevant statuses, the checksum and other technical information.
6.7. Logs, checksums, timestamps and authentication information may be used as evidence of technical actions to the extent permitted by applicable law. A confirmation issued by WMT does not constitute a notarized certificate, expert opinion or conclusive evidence of the identity of the individual who actually used the relevant account.
7.1. The fees for WMT services shall be determined in accordance with the applicable Fees or other terms displayed to the Client before a chargeable action is performed. Where the cost of a particular service is paid by a Third-Party Service pursuant to a separate agreement with WMT, no separate fee shall be charged to the Client where this is expressly stated before the Message is sent.
7.2. Prior to acceptance of a Message, WMT may refuse to process it in the event of non-payment, exhaustion of an applicable limit or suspension of the relevant Third-Party Service’s access to the WMT API. Once a Message has been duly accepted, any subsequent breach of payment terms or suspension of an integration shall not terminate the storage or delivery of that Message during the applicable storage period.
7.3. Additional paid WMT services may be ordered by the Client only after the applicable fees and terms have been displayed to the Client.
8.1. The Client shall provide accurate information, keep access credentials secure, verify the Recipient and contents of each Message, comply with technical requirements, use the System lawfully, refrain from infringing third-party rights, notify WMT of any compromise of access credentials and independently retain any copies of documents required by the Client.
8.2. The Client may use WMS identifiers assigned to it, send and receive Messages, view statuses, link WMS identifiers to supported Third-Party Services, grant and withdraw authorizations, contact customer support and request closure of the account subject to mandatory retention periods.
8.3. The Client shall not send Messages that violate applicable law or third-party rights, contain malicious code, unlawfully obtained data or prohibited materials, are connected with fraud, extortion, unsolicited bulk communications or circumvention of mandatory restrictions, or create a threat to the security or stability of the System.
8.4. WMT may use automated means to detect malicious files and anomalous activity and may refuse acceptance, suspend delivery or restrict an account where there are reasonable grounds to suspect a violation. Following acceptance of a Message, access may be restricted under this Offer, applicable law, a binding requirement of a competent authority or where necessary to prevent imminent harm.
9.1. WMT shall ensure operation of the System within its stated specifications, apply reasonable security measures, store Messages for the applicable storage period, record statuses, preserve the accepted contents without alteration and provide the Client with access to information concerning its Messages and authorizations.
9.2. WMT may establish technical formats and restrictions, update its software and API, perform maintenance, temporarily restrict operation of the System in order to address threats, modify the list of supported services, block insecure keys and request additional confirmation.
9.3. WMT shall not be required to continuously monitor or moderate the contents of Messages. A particular Message may be reviewed to the extent necessary for resolving a technical error, ensuring security, compliance with applicable law or a requirement of a competent authority, consideration of a substantiated complaint or enforcement of this Offer.
9.4. WMT shall implement reasonable technical and organizational security measures. The storage architecture, cryptographic solutions and backup procedures may remain confidential where disclosure thereof could create a security risk. The Client acknowledges that no information system can be guaranteed to be absolutely secure.
9.5. WMT shall not be liable for incidents caused by the Client disclosing or transferring access credentials, infection or compromise of the Client’s device, compromise of the Client’s email account or telephone, the Client’s use of insecure external software or services, or actions of a person successfully authenticated using the Client’s credentials, provided that such incident is not attributable to WMT’s fault.
9.6. WMT shall use reasonable efforts to maintain continuous availability of the System but does not guarantee uninterrupted operation in connection with maintenance, failures or accidents, actions or failures of service providers, cyberattacks, mandatory requirements imposed by competent authorities or force majeure events. WMT shall provide notice of scheduled maintenance where reasonably practicable.
9.7. Where a Message has not been accepted by WMT and has not been assigned a unique identifier, WMT shall have no obligation to store or deliver such Message.
10.1. WMT processes personal data for registration and administration of accounts and WMS identifiers, performance of the Agreement, storage and delivery of Messages, security, prevention of abuse, interaction with Third-Party Services pursuant to the Client’s authorization, compliance with applicable law and resolution of disputes.
10.2. WMT shall process personal data in accordance with applicable law and the provisions published on the official WebMoney website at: https://www.webmoney.com/rus/legal/pdrules.shtml. Such provisions constitute a separate informational document of WMT, do not form part of this Agreement and do not amend the rights and obligations of the Parties under this Offer.
10.3. Identification data shall be disclosed to a Third-Party Service only where the Client has given consent or where another applicable lawful basis exists, within the specified scope, for the stated purpose and through technical means provided by WMT.
10.4. Processing of data by a Third-Party Service outside the System shall not be governed by this Offer. Where a third party processes data directly on behalf of WMT, such processing shall be governed by a separate agreement.
10.5. The Client shall ensure that a lawful basis exists for including data relating to the Recipient or other third parties in a Message. WMT may store data outside Saint Vincent and the Grenadines subject to compliance with applicable law and appropriate safeguards.
11.1. The Parties shall be liable for breaches of this Offer in accordance with its terms and applicable law.
11.2. WMT shall be liable for direct, documented losses caused by WMT’s culpable failure to perform its own obligations relating to the acceptance, storage or delivery of a Message.
11.3. WMT shall not be liable for the contents of a Message, acts, omissions or failures of a Third-Party Service, an incorrectly specified Recipient WMS, use of an account resulting from the Client’s actions, the Recipient’s refusal or failure to review a Message, legal consequences arising from the relationship between the Client and the Recipient, invalidity of a document, failure to achieve an expected legal effect, the Client’s breach of laws applicable to the Client, or indirect or consequential losses or loss of profit, except to the extent otherwise required by mandatory provisions of applicable law.
11.4. Unless otherwise required by mandatory provisions of applicable law, WMT’s aggregate liability in respect of any single Message shall be limited to the amount actually received by WMT as payment for the service directly associated with that Message.
11.5. The limitations of liability set forth herein shall not apply in cases of wilful misconduct, gross negligence or in any other circumstances in which such limitations are prohibited by law.
11.6. The Client shall indemnify WMT for documented losses arising from unlawful contents of a Message, infringement of third-party rights or use of the System in breach of this Offer.
12.1. A Party shall be relieved from liability for failure to perform its obligations where such failure results from circumstances beyond that Party’s reasonable control, including natural disasters, war, civil unrest, actions of governmental or other competent authorities, widespread failures of communications or infrastructure, cyberattacks of an exceptional scale and other comparable events.
12.2. The affected Party shall take reasonable measures to mitigate the consequences of such circumstances.
13.1. The Agreement shall become effective upon acceptance of this Offer and shall remain in effect until terminated by the Client or WMT.
13.2. The Client may terminate the Agreement by closing the account. WMT may terminate the Agreement or restrict the account in the event of a material breach of this Offer, provision of inaccurate or false information, unlawful use, a security threat, prolonged inactivity or cessation of WMT’s operations.
13.3. Termination of the Agreement shall not terminate storage of Messages already accepted by WMT before expiry of the applicable storage period, except where continued storage is prohibited by law, is technically impossible or creates an imminent threat.
13.4. Following termination of the Agreement, a WMS may be deactivated. WMT may refrain from assigning such WMS to another person for such period as is necessary to prevent erroneous delivery of Messages.
14.1. WMT may amend this Offer. A new version shall be published through the WMT interface together with its effective date.
14.2. Amendments materially adversely affecting the Client shall take effect upon not less than thirty (30) calendar days’ prior notice, except where an immediate amendment is required by applicable law or for security purposes. The terms applicable to Messages accepted before an amendment takes effect shall remain unchanged unless otherwise required by applicable law.
14.3. Continued use of the System after an amended version becomes effective shall constitute acceptance of such amended version.
14.4. WMT notices may be delivered through the Personal Account, to the registered email address, through WMS or through another verified communication channel. The Client shall keep its contact information current.
14.5. A notice shall be deemed received upon being made available through the Personal Account, delivery to the WMS or recorded transmission to a verified email address, provided that no automated non-delivery notification has been received.
15.1. This Offer and the Agreement arising from its acceptance shall be governed by the laws of Saint Vincent and the Grenadines.
15.2. Before commencing court proceedings, a Party shall submit a written claim to the other Party. The receiving Party shall have thirty (30) calendar days to respond.
15.3. Any dispute that cannot be resolved through the foregoing claims procedure shall be submitted to the competent courts of Saint Vincent and the Grenadines at the place of WMT’s registered office, unless otherwise required by mandatory provisions of applicable law.
16.1. This Offer constitutes the principal document governing the relationship between WMT and the Client in connection with registration and use of WMS identifiers and the acceptance, storage and delivery of Messages. The terms and conditions of Third-Party Services shall not form part of the Agreement between WMT and the Client.
16.2. Fees and other agreements between WMT and the Client shall apply to the extent that they do not conflict with this Offer. In the event of any inconsistency, this Offer shall prevail unless a subsequent individual agreement between WMT and the Client expressly modifies a specific provision hereof.
16.3. If any provision of this Offer is held to be invalid, unlawful or unenforceable, the remaining provisions shall remain valid and enforceable. Failure or delay in exercising any right shall not constitute a waiver of that right.
16.4. The Client may not assign or transfer its rights or obligations under the Agreement without WMT’s consent. WMT may assign or transfer the Agreement to a legal successor in connection with a reorganization, sale of the business or transfer of the System to another operator, subject to prior notice to the Client.
16.5. This Offer may be made available in English and in other languages. Any non-English version is provided for convenience. In the event of any discrepancy, inconsistency or difference in interpretation between the English-language version and any other language version, the English-language version shall prevail, to the extent permitted by mandatory provisions of applicable law.
Company Name: WMT LLC
Country of Incorporation: Saint Vincent and the Grenadines
Registration Number: 3033 LLC 2023
Registered Office: Euro House, Richmond Hill Road, P.O. Box 2897, Kingstown, St Vincent and the Grenadines
Website: https://www.webmoney.com