QR Pay Service Offer
 

This document is an offer from a Limited Liability Company ("Payam", hereinafter referred to as "Payam, Organizer") to a Partner to conclude a Contract for the provision of QR Pay services on the terms set out below.
 

1. Terms and Definitions

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1.1. For the purposes of this document, the following terms are used in the following meaning:

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Acceptance of an Offer is the full and unconditional acceptance of an Offer by performing the actions specified in Section 7 of the Offer;
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A Loyalty Program (hereinafter referred to as the Program) is a relationship in which a Participant who purchases a Partner's Service from Partners using a Mobile Application/The Participant's Card, acquires the right to receive discounts and accumulate bonus points, which can later be used to purchase Partner Services.;
 
QR Pay Service - Software (including software for mobile devices) and/or websites of Payam or its affiliates: 
 
- Allowing Users to save/spend bonus points using the Services of Partners on the terms stipulated in the User Agreement. Track your Bonus Account.
 
- Allowing you to keep records / reconciliation with a Partner on the accumulated and spent bonus points of the User for the purchase of Partner Services,
 
A QR code is a two-dimensional type of barcode that is easily read by a digital device and looks like a black and white pattern. When scanning a QR code, the User gets access to the QR Pay Service.
 
Bonus points are a deferred discount provided to the User to attract, increase loyalty and motivate the User to visit the Partner's point of sale again.
Accounting units that are used for accounting purposes to determine the current scope of each Participant's rights to purchase Partner Services, in accordance with the terms of the Program. 1 Bonus = 1 Dram RA. Bonuses are not a means of payment.
 
 
Discount is a reduction in the set price for the Partner's Services at the time of their purchase by the User upon presentation of the Participant's Card due to Bonuses or other preferences. 
 
A Bonus account is a virtual account that is opened in the name of the User and maintained by the Organizer, which reflects all the Participant's operations to replenish the balance with Bonuses and spend Bonuses on purchases of goods / services from Partners, information about Discounts provided.

An electronic gift card or "EPC" is a virtual gift card for a certain equivalent amount of money that can be issued by a User from a Partner, with which its owner (the person in whose name the User's card was issued) can pay (in whole or in part) for goods/services from the Partners. The validity period of the EPA is determined by the Organizer in agreement with the Customer and may not be less than one year.
 
The Organizer is a legal entity with exclusive rights to Software and technical solutions, which implements the Program on its own on behalf and on behalf of the Customer, including marketing, financial and legal support, and is a party to the Program agreements.
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The User is an individual who uses the QR Pay Service on the terms stipulated in the User Agreement. The end user of the Partner's service, Product, or delivery in order to accumulate/spend bonus points
 
Partner is a legal entity or individual entrepreneur who has an agreement with Payam LLC, who prepares, provides services and/or sells goods to Users of the QR Pay Service when placing an Order, and in cases stipulated by the Offer, who also delivers to Users of the Service and accepts the Offer. and who is the customer of the Services under the concluded Agreement;
 
Partner's services - preparation of Goods, Goods sold by the Partner, services provided, delivery
 
Point of Sale - A Room, Institution, website, or other location from which the Partner implements the Partner's Services.
 
The rules of participation are the rules that determine the order and conditions of the Program. The rules are set by the Organizer in consultation with the Customer. The current version of the Rules is available on the Website at: https:https://www.payam.am/правила
 
User's card/Mobile Application - a mobile application, electronic card, or other identifier (including the User's mobile phone number) used to identify a Participant in the Program when purchasing goods/services from a Program Partner.
 
Questionnaire - a questionnaire for specifying information about the Partner (Partner's name, INN, location (legal address), Partner's actual location, Partner's email address, Partner's contact information, Delivery (if applicable), time of Partner's acceptance of Orders, other information about the Partner;
 
The API is an interface for interaction between the Parties that allows the Parties to exchange information necessary for the execution of this Agreement. The requirements for the interaction interface, the terms of use of the interaction interface, and the list of transmitted information are agreed upon by the Parties before using the API via email.
 
Telegram bot is a bot in the Telegram messenger created by Payam for mobile devices running on the Android or iOS operating system, which allows the Parties to exchange Order data
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The Agreement is a paid agreement between the Partner and the Payam for the provision of QR Pay Services, which is concluded by Accepting the Offer.;
 
Materials - information materials provided by the Partner containing an offer (offer) to the Service Users about the Partner's Service, about the Partner, as well as other information related to the preparation of the Product, the communication of which to the consumer is mandatory in accordance with the current legislation of the Republic of Armenia (hereinafter – RA). The category of Services should reflect the actual characteristics of the Services, should not contain extraneous words or characteristics that are not directly related to the Services. Payam reserves the right to reject a category provided by a Partner if, in Payam's opinion, it does not meet the specified requirements.
 
Offer - this document is an Offer for the provision of services "QR Pay Service", posted on the Internet at: https:https://www.payam.am/оферта
An Order is a User's registration on the Partner's website or at the point of sale of Goods, as a result of which the User enters into a service agreement, preparation of Goods with the Partner, and in the case of Delivery by the Partner, a delivery agreement for this Product with the Partner on the terms specified in the User Agreement and defined by the Partner and in the Materials;
 
 
Product - goods that are the subject of a purchase and sale agreement and/or a cooking agreement concluded between the User and a Partner at the point of sale of the Product. When a Product is mentioned in a Contract or other documents specified in clause 3.1 of the Contract, it means both one Product and several Goods, unless otherwise follows from the Contract or the relevant document. All relationships related to the sale and/or preparation of Goods, as a result of the User placing an Order at the point of sale of the Goods, arise directly between the Partner and the User.;
 
User Agreement is a document posted on the Internet at: https://www.pay-am.com/польз-соглашение
 
1.2. Terms not defined in clause 1.1. of the Offer may be used in the Offer. In this case, such a term is interpreted in accordance with the text of the Offer. If there is a possibility of ambiguous interpretation of the term in the text of the Offer, the Parties should be guided by the following order of interpretation of the term: the definitions given within the framework of the Service are the most important, definitions available on the Internet are used secondarily, and definitions given in the legislation of the Republic of Armenia are used third.
 

A brief description of the QR Pay Service
 

Payam Company, the Organizer of the Loyalty Program for Users, within the framework of the QR Pay Service, creates a single space for interaction between Users and Partners in order to:

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For Partners, attracting new unique customers. 
For users, the accumulation of Bonus Points, with which the User can later pay for purchases at the Point of Sale of any of the Partners.
The Organizer attracts businesses in various fields of activity (hereinafter referred to as Partners), who give their consent by joining the Offer:
- accept Bonus Points available on the User's Bonus Account for payment from Users 
- provide a Discount to the User for the Partner's Services in the form of Bonus Points credited to the User's Bonus Account
The Partner has the right to accept the User's Bonus Points for the Partner's Service rendered and provide a Discount to the User. The Partner can also accept the User's Bonus Points for the Partner's Service provided and not provide a Discount to the User. The chosen option for the Partner's interaction with the User is fixed in the addendum No. 1.
The Organizer provides the Partner with a QR code. The Partner places the QR code at their Point of Sale. By scanning the QR code with his mobile device, the user gets to the QR Pay Service page, to his personal account, from where he makes a choice of “Save” or “Pay”. 
In the case of “Saving Up”, the Discount provided by the Partner is credited to the User's Bonus Account and combined with the Bonus Points already available.
In the case of “Spending”, the amount of Bonus Points is deducted from the User's Bonus Account, commensurate with the cost of the Partner's Service. 
The Partner receives all information on accumulated and spent Bonus Points at the Point of Sale by Users in his personal account created in the QR Pay Service or in a Telegram bot created by the Organizer individually for the Partner. 
The functionality of the QR Pay Service includes the possibility to refund/cancel a purchase.
​If the Partner does not provide a Discount, the “Save” functionality is not active for the User.
By informing its customers about the QR Pay Service, the Partner can add new unique Users to the Service. In case of joining a new unique User, the Partner will receive a reward from all further accumulated Bonus Points of the User at the Points of Sale of other Partners according to the addendum. The number of Bonus Points credited to the User's account is determined by the Organizer, regardless of the size of the Partner's discount.

Bonus Points accepted for payment by the Partner from Users are subject to payment in cash by the Organizer to the Partner on the basis of clauses _____ of this Offer․

2. SUBJECT OF THE AGREEMENT
 

2.1. The subject of the Agreement is the paid provision of agency services to the Partner through the QR Pay Service on the terms of the Offer, as well as the fulfillment by the Payam of the obligations provided for in Section 4 (Instruction) Offers. 

2.2. Under this Agreement, the Organizer undertakes, on behalf of, at the expense of, and on behalf of the Partner, to ensure the Partner's participation in the Program, namely:- to attract Participants in order to increase sales of the Partner's goods/services;- keep a count of the Bonuses provided by the Partner and/or the Organizer, accrued and spent by the Participants to pay for goods/services from the Partner;- accept and transfer to the Partner non-cash funds received from Participants to pay for goods and/or services purchased from the Partner using electronic means of payment through the Partner's e-commerce channels (website, online store, bot, mobile application, any other channels necessary for customer interaction). This includes transferring funds to the Partner (minus the Discount and commission provided by the Partner), the amount of bonus points in monetary terms spent by the User for the purchase of the Partner's Service, and the Partner undertakes to fulfill the duties assigned to him and pay remuneration to the Organizer.- provide marketing and technical support for the Program, and the Partner undertakes to accept payments from the Organizer, provide Participants with paid Partner Services, including for Bonus Points, and pay the Organizer remuneration.

2.3. The Organizer undertakes to provide interfaces for connecting the Partner's e-commerce channels in order to fulfill this Agreement. At the same time, the Organizer undertakes to provide organizational assistance to the Partner for integration purposes by providing the necessary advice and technical support.

2.4. The Partner undertakes to inform its clients about the Program, including the possibility of purchasing an EPA. 

2.5. The Services are provided by the Organizer through remote (cloud) access and through interaction between the Parties via electronic communication channels (e-mail of the Parties).

2.6. Within the framework of this offer, Payam may also provide marketing services aimed at promoting the Partner's Services

2.7. The reporting period under the Agreement is a calendar month.

2.8. The amount of the Discount provided by the Partner is fixed additionally. Agreement No. 1

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3. TERMS OF SERVICE

 

3.1. A prerequisite for the Partner's joining the Program and the fulfillment by the Payam of the obligations stipulated in clause 2.1 of the Offer is the acceptance and compliance by the Partner with the conditions set out in the Offer
3.2. Unless otherwise provided by the agreement of the Parties, Payam proceeds to the Partner's joining the Program, as well as fulfilling the obligations stipulated in clause 2.1 of the Offer, from the moment the Partner collectively fulfills the following conditions:
3.2.1. The Partner has provided Materials that meet the requirements of the Agreement;
3.2.2. The Partner has accepted the Offer;
3.3. The Payam has the right to invite the Partner to make changes to the Materials
3.4. The Partner independently and fully bears the responsibility stipulated by the legislation of the Republic of Armenia as the person who brought the information into a form ready for distribution and guarantees that the Materials compiled and provided by them for posting by Payam comply with all the requirements of the current legislation of the Republic of Armenia.
 
 
 
4. TERMS OF EXECUTION OF THE ORDER

4.1. Without contradicting the terms of the Agreement concluded between the Parties, the Parties have fixed the terms of the Partner's order and the procedure for its execution by Payam. 
4.2. Payam, on behalf of the Partner, undertakes to accept non-cash payments from Users for the Partner's Services for a fee on behalf of and at the expense of the Partner, and in the case of Delivery by the Partner, also for Delivery.
By giving an Assignment, the Partner entrusts the Payam with the right to act in accordance with the terms of the Assignment on his own behalf, but at the expense of the Partner.
 
4.3. The amounts of payment received by the Payam from Users, as well as the monetary equivalent of the amounts of Bonus Points spent by Users to receive the Partner's Services through the QR Pay Service, in accordance with clause 4.1 of the Offer, are subject to transfer by the Payam to the Partner minus the amounts returned by the Payam to the Users (clauses 4.3.-4.9. of the Offer), as well as the cost of Services QR-Pay service. The specified funds are transferred by Payam to the Partner's bank account specified by the Partner in the application for the conclusion of this Agreement (Appendix No. 1), within a period not exceeding 5 business days from the date of receipt of the specified amounts by Payam from Users.

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4.4. The term of validity of the Order provided for in this section of the Offer is equal to the term of the provision of QR Pay Services under the Agreement.
4.5. The acceptance of funds by the Payam is carried out solely due to the fact that the Payam, through the provision of QR Pay Services to the Partner, participates in the Partner's implementation of the Partner's Services to the User, for which funds are accepted. 
The relationship between Payam and the Partner regarding the implementation of the Program is not by its legal nature a commission agreement, nor is it regulated by Chapter 41 of the Civil Code of the Republic of Armenia.
4.6. Remuneration for receiving non-cash funds from Users of the Service for the Partner's Services is included in the cost of the QR Pay Service, determined in accordance with the Offer.
4.7. If the Payam receives User requests in any form about their disagreement with the fact and/or the number of Bonus Points debited and/or the amount of non-cash payment made in favor of the Partner upon receipt of the Partner's Service through the QR Pay Service, the Partner authorizes the Payam to consider the relevant User request and decide to refund the Bonus Points to the User and/oror the funds of the payment made. 
4.8. Payam's consideration of User claims regarding payments of funds and/or spent Bonus Points made in accordance with clause 4.1 of the Offer, as well as full and/or partial refund by Payam of funds and/or Bonus Points paid by Users in accordance with clause 4.1 of the Offer, shall be carried out in accordance with the procedure and in the cases provided for in clause 4.3. - 4.9. Offers.
  4.9. When reviewing User requests, Payam takes into account the information provided by the User; QR Pay Service data available to Payam, as well as information provided by the Partner in case of sending a request to the Partner from Payam.
Based on the information provided, Payam, at its discretion, makes a decision on the User's request, including a full or partial refund to the User of the amount of payment made and/or Bonus Points spent, refusal to refund, and/or other decision on the merits of the User's request.
4.11. If the Payam decides to fully or partially refund to the User the amount of payment and/or spent Bonus Points made in favor of the Partner through the QR Pay Service, the amount to be refunded to the User will be reimbursed to the Payam by the Partner, if the amount has already been transferred by the Payam to the Partner, in particular, it may be withheld and/or/or due to be paid to the Payam's Checking Account no later than 5 business days.
4.12. The payment of the specified refunds and/or Bonus Points to Users is not a reason for reviewing (reducing) the amount of the cost of QR Pay Services to be accrued and paid to the Payer.
4.13. If the Partner does not agree with the decision taken by Payam in accordance with clause 4.6 of this Offer and/or the refund of the amount provided for in clause 4.7 of this Offer, the Partner shall notify Payam of this in accordance with the procedure provided for in clause 12.1. of the Offer. In this case, Payam has the right to suspend the provision of Program Services, as well as the fulfillment of obligations stipulated in clause 2.1 of the Offer, until the Parties reach an agreement on the specified issue.
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​5. RIGHTS AND OBLIGATIONS OF THE PARTIES
 
5.1. OBLIGATIONS OF THE ORGANIZER:
 
5.1.1. Install the QR Pay Service from the Partner and support its operation.
5.1.2. Provide the QR Pay Service to the Partner and fulfill the obligations stipulated in clause 2.1 of the Offer in accordance with the Agreement concluded under the terms of the Offer.
5.1.3. Provide materials for training employees of the QR Pay Service Partner.
5.1.4. To keep records of accumulated, paid, refunded (according to clauses 4.3-4.9.) Bonus Points by Users.
5.1.5. At the request of the Partner, send Statistical Data by e-mail, while Payam is not responsible if it is impossible for the Partner to familiarize himself with Statistical Data for reasons beyond the control of Payam.
5.1.6. Daily (except weekends and holidays), on behalf of and on behalf of the Partner, transfer funds to the Partner, in the equivalent of Bonus Points paid by Users for the Partner's Services over the past day, minus the amount of the Discount provided by the Partner to Users and remuneration to the Organizer. The amount of remuneration is fixed in the addendum. Agreement N
Funds are transferred to the Partner's current account specified by the Partner in the application for the conclusion of this Agreement (Appendix No. 1). The Organizer is not responsible for delays in transferring funds to a Partner, in the event of a failure on the Internet, in the banking system, or for other reasons beyond the control of the Organizer.
5.1.7. Send to the Partner by e-mail before the fifth day of the month following the reporting one, the Acceptance Certificate signed by the Organizer for the services rendered over the past month, as well as a summary report in the form provided in Appendix No. to this Agreement.
5.1.8. When the User pays for the Partner's Services, send the User, as the Partner's agent, an electronic fiscal receipt confirming the payment (making an advance payment). At the time the Partner transfers the purchased Partner's Service to the Participant, the Organizer undertakes to give the Participant a fiscal check for offsetting the advance (full payment).
 
5.2. RIGHTS OF THE ORGANIZER
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5.2.1. The Organizer has the right to receive the remuneration due to him in a timely manner and in full.
5.2.2. When implementing the Program, the Organizer has the right to disseminate information about the Partner's participation in the Program.
5.2.3. The Organizer has the right to involve third parties to fulfill this Agreement by concluding agreements with them (agency, commission, assignment, contract, provision of services, etc.), while remaining responsible for the actions of these third parties to the Partner.
5.2.4. The Organizer has the right to assign its rights and obligations under this Agreement to a third party at any time by notifying the Partner by e-mail, no later than three working days prior to the date of such assignment.
5.2.5. Temporarily suspend the provision of Program Services to the Partner, the fulfillment of obligations stipulated in clause 2.1 of the Offer, for technical, technological or other reasons that prevent the provision of QR Pay Services and the fulfillment of obligations stipulated in clause 2.1 of the Offer, while such reasons are eliminated.
5.2.6. Suspend the provision of Program Services, fulfillment of obligations stipulated in clause 2.1 of the Offer, and/or prematurely terminate the Agreement unilaterally and out of court by notifying the Partner in any of the following cases:
5.2.6.1. failure to fulfill the terms of the agreements on the provision of Services by the Partner to the User in good faith
5.2.6.2. if the Payer reveals that the Partner has repeatedly refused to accept the User's Bonus Points through the QR Pay Service for payment for the Partner's Services.
5.2.6.3. in case of repeated violation by the Partner of other obligations assumed in accordance with the Agreement, as well as in case of a single significant violation by the Partner of its obligations, in which further cooperation between the Partner and the Payer is impossible.

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5.2.7. Perform any actions (control measures):
5.2.7.1. to verify the compliance of the content of the Materials submitted by the Partner with the requirements of the Agreement. The data obtained as a result of the implementation of control measures is sufficient, but not the only reason to establish that the Materials do not comply with the requirements of the Contract. At the same time, Payam independently determines the methods, frequency and grounds for carrying out control measures.
5.2.8. Make changes to the Offer, to the conditions for determining and calculating the cost of QR Pay Services, and other terms of the Agreement, in accordance with the procedure established by the Offer.
5.2.9. Without contradicting the terms of the Offer, the Parties have agreed that Payam has the right, at its discretion, to conduct marketing and other activities aimed at promoting the Program, as well as other activities, including those related to providing additional promotional conditions, with the User's participation in the Program. Payam independently determines the essential conditions of such events. The activities specified in this paragraph are carried out by Payam at its own expense.
 
 
5.3. PARTNER'S RIGHTS:
 
5.3.1. The Partner has the right to produce and publish promotional materials about the Partner's participation in the Program.
 
5.3.2. In case of disagreement with the changes made by Payam to the Offer, to the terms of determining and calculating the cost of the QR Pay Service, and other terms of the Agreement, unilaterally cancel the Agreement by notifying Payam in writing no later than 7 (seven) calendar days from the date of entry into force of these changes and paying the cost to Payam. having actually provided services under the Program, as well as having fulfilled other monetary obligations to Payam that arose on the date of termination of the Agreement. The Agreement is considered terminated from the moment the Payam receives the Partner's notification.
 
5.4. OBLIGATIONS OF THE PARTNER:

5.4.1. The Partner undertakes to confirm the correctness of the Register received from the Organizer within three working days from the date of its receipt. In the absence of written comments within the specified period, the Register is considered accepted by the Partner without comments.
In case of disagreement of the Partner with the information contained in the submitted Register, the Partner is obliged to send to the Organizer by e-mail: armbms@payam.am transaction report on transactions in the context of each transaction. 
Within one business day, after receiving this report from the Partner, the Organizer sends a request to the technical support of the Program to identify errors. Technical support checks and identifies the reason for the discrepancy in the Registry within 3 (Three) business days. If there is an error in the Software, technical support corrects it and provides explanations or other recommendations.
5.4.2. Within three working days from the date of receipt from the Organizer of the Act of delivery and acceptance of the services provided, sign and send the signed Act to the Organizer by e-mail. If there is no response (non-receipt of the Report) or written comments within the above period, the Report is considered signed, and the services provided and accepted by the Partner.
5.4.3. The Partner undertakes to immediately notify the Organizer of any problems or complete malfunction of the Internet.
5.4.4. When preparing, creating, and modifying Materials, comply with all applicable standards and requirements of current legislation.
5.4.5. Provide Materials, the content of which corresponds to the current Partner's Service offers, and comply with the stated terms of the Partner's Services.
5.4.6. At the request of Payam, within a period not exceeding two calendar days from the date of receipt of this request, provide duly certified copies of documents confirming the information about the Partner's Service provided to Payam, including as part of the Materials. The Parties acknowledge that this information is not confidential.
5.4.7. Pay for the Services of the QR Pay Service under the Agreement within the terms and procedure specified in the Offer (Agreement).
5.4.8. Do not distribute, publish or otherwise provide incorrect information about the Program, QR Pay Service and/or Payam (including, but not limited to, information containing profanity that presents the Program, QR Pay Service and/or Payam in a negative light, otherwise contrary to ethical and moral principles)., principles of good faith, integrity, other information indicated (directly or indirectly) By Spam as incorrect and not subject to distribution by a Partner). At the same time, Payam's decision in determining the incorrectness of information is of priority importance, and is mandatory for the Partner to take into account.
5.4.9. Fill out the questionnaire correctly, specifying the required Partner information.
5.4.10. Perform other duties stipulated by the Offer (Contract).
 
6. THE PROCEDURE FOR MUTUAL SETTLEMENTS
 
6.1. The Organizer's remuneration under this Agreement is fixed by an additional agreement N of the amount of purchases of the Partner's Services paid by Users in cash through the Partner's e-commerce channels.
6.2. The remuneration amount includes all expenses of the Organizer, including the cost of paying for banking services.
6.3. The Organizer retains its remuneration when transferring funds to the Partner (including the equivalent Bonus Points spent on paying for the Partner's Services) for the Services paid by the Partner's Users.
6.4. The Cost of QR Pay Services for crediting/debiting Bonus Points to Users/The amount provided by Payam to Partners under the Agreement is determined in accordance with the Payam Statistics Data, in the amount stipulated by the supplementary Agreement N, which includes remuneration for using the QR Pay Service by the Partner and attracting unique visitors to the Partner's point of sale.
The cost of services includes VAT, calculated at the rate in accordance with the current legislation of the Republic of Armenia.
6.5. The Parties have agreed that the total cost of the Program's Services for the Reporting Period is indicated in the Act on Services Rendered (hereinafter referred to as the Act).
6.6. Payment for Program Services rendered by the Payam to the Partner in the Reporting Period is made by the Partner no later than 5 business days from the date of formation of the Act on Services Rendered, if the Payam has not been withheld in accordance with clauses 4.1, 4.3.-4.9. of the Offer.
6.7. The Partner is deemed to have fulfilled their obligations to pay for the Program's Services from the moment the funds are credited to the Payam Bank's settlement account or from the moment the Payam withholds funds in accordance with clause 4.1 of the Offer
. 6.8 Settlements between the Parties are made in Armenian Drams.
6.9. On a monthly basis (on the last day of the reporting period), Payam issues an Act of Completed Works (services rendered), a one—sided Report (hereinafter referred to as the "Act" and "Report") in accordance with the volume of Services actually provided in the reporting period and the actual progress of the execution of the Order. The electronic invoice is sent within 10 business days after the end of the reporting period.
6.10. The report should contain:
6.10.1. the total amount of non-cash payments accepted by the Payam for the benefit of the Partner;
6.10.2. the total amount of Bonus Points accepted by the Partner;
6.10.3. a table with a breakdown of settlements with the Partner (including, if any: the total amount of funds and/or Bonus Points returned by Payam to Users during the Reporting Period; the amount transferred by Payam to the Partner's account during the Reporting Period; the amount to be withheld by Payam in connection with the refund of funds and/or Bonus Points to Users points in the Reporting Period; the amount withheld by the Payam against the cost of QR Pay Services in the Reporting period.).
6.11. QR Pay Services are considered to have been properly provided by the Payam and accepted by the Partner to the extent specified in the Act, if the Payam has not received reasoned written objections from the Partner within 7 business days after the end of the Reporting Period.
After the expiration of the period specified above, the Partner's claims under the Act, including the quantity (volume), cost and quality of QR Pay Services, will not be accepted.
6.12. The Parties have agreed that the Acts and Reports will be sent by Payam to the Partner by e-mail within 7 (seven) business days from the end of the Reporting Period.
The Parties hereby confirm that the exchange of documents by e-mail is equivalent to the exchange of original documents in paper form.
6.13. If the Payam sends Reconciliation Reports to the Partner, the Partner must send the signed Reconciliation Reports or reasoned objections to such Reconciliation Report to the Payam no later than 5 (five) business days from the date of receipt of the Reconciliation Report.

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If the Payam does not receive the signed Reconciliation Report or reasoned objections to the Reconciliation Report within the specified period, the Payam will have the right to suspend payments (settlements) with the Partner until the reconciliation is carried out and the corresponding Reconciliation Report is signed with the Partner.

 

7. ACCEPTANCE OF THE OFFER AND CONCLUSION OF THE CONTRACT

 

7.1. The Partner accepts the Offer by sequentially performing the following actions (in aggregate):

7.1.1.1. By filling out the Application for connection to the system on the Page at https://www.payam.am/заявление-на-подключение

7.1.1.2. By filling out the Supplementary Agreement on the page https://www.payam.am/доп-соглашение-1

7.1.1.3. Clicking on the button "I have fully read and agree to the terms of the Offer" (or similar in meaning) on the Website Page at

https://www.payam.am/доп-соглашение-1

7.1.2. Sending a notification of acceptance of the Offer signed by the Partner to the Payam's email address.

7.2. Acceptance of the Offer by the Partner creates an Agreement on the terms of the Offer.

7.3. By agreeing to the terms and accepting the terms of this Offer by Accepting the Offer, the Partner (or the Partner's representative, including an individual duly authorized to conclude the Agreement on behalf of the Partner) assures Payam and guarantees Payam that:

 (i) The Partner (the Partner's representative) has all the rights and powers necessary for the conclusion and execution of the Contract;

(ii) The Partner enters into the Contract voluntarily, with the Partner (the Partner's representative): a) has fully read the terms of the Offer, b) fully understands the subject matter and terms of the Offer and the Contract, c) fully understands the meaning and consequences of his actions in relation to the conclusion and execution of the Contract;

 (iii) The Partner (Partner's representative) provided reliable data, including the personal data of the Partner (Partner's representative) on the Partner's Page and reliable data, including the Partner's personal data, when processing payment documents for Services.

 7.4. The actions provided for in this section of the Offer performed by the person with whom the Payam previously terminated the Contract in connection with the violation of the provisions of the Offer by the specified person are not considered proper Acceptance of the Offer.

 7.5. Payam has the right to refuse to conclude a Contract with a Partner at any stage of negotiations if the Partner does not meet the criteria of integrity and trustworthiness established by Payam.

 Payam has the right not to disclose to the Partner the reasons why Payam classifies the Partner as a counterparty who does not meet the criteria of integrity and trustworthiness.

 

8. TERM AND AMENDMENT OF THE AGREEMENT

 

8.1. The Offer comes into force from the moment of its conclusion and is valid until the moment of withdrawal of the Offer by Payam.

8.2. Acceptance of the Offer by the Partner, made in accordance with Section 7 of the Offer, generates a Contract (Article 46 of the Civil Code of the Republic of Armenia) on the terms of the Offer.

 8.3. The Agreement comes into force from the moment of Acceptance of the Offer by the Partner and is valid until the termination of the Agreement.

 8.4. The Partner agrees and acknowledges that making changes to the Offer (including the documents specified in clause 3.1 of the Offer, the terms for determining and calculating the cost of QR Pay Services, and other terms of the Agreement) entails making these changes to the Agreement concluded and in force between the Partner and Payam, and these changes to the Agreement such changes to the Offer come into force simultaneously with such changes to the Offer (including the documents specified in clause 3.1 of the Offer, the terms for determining and calculating the cost of the Program Services, and other terms of the Agreement indicated on the Partner's Page).

8.5. In case of withdrawal of the Offer by Payam during the term of the Agreement, the Agreement is considered terminated from the moment of withdrawal, unless otherwise agreed by Payam upon withdrawal of the Offer.

 

 

 

 9. TERMINATION OF THE CONTRACT

 

9.1. The Agreement may be terminated:

9.1.1. by agreement of the Parties at any time;

 9.1.2. In case of violation by the Partner of the terms of the Agreement, Payam immediately notifies the Partner;

 9.1.3. Payam unilaterally out of court by sending a notification to the Partner no later than 5 (Five) business days before the date of termination of the Agreement;

 9.1.4. The Partner unilaterally out of court by sending a notice to the Payam no later than 30 (Thirty) calendar days before the date of termination of the Agreement;

9.1.5. On other grounds stipulated by this Offer.

9.2. The obligations of the Parties under the Agreement, which by their very nature must continue to be valid (including, but not limited to, obligations regarding confidentiality, mutual settlements, and the use of information), remain in force after the expiration of the Agreement.

9.3. Termination of the Agreement for any reason does not release the Parties from liability for violations of the terms of the Agreement that occurred during its validity period.

 

10. GUARANTEES

 

10.1. During the term of the Agreement, Payam will make every effort to eliminate any failures and errors, if any. At the same time, Payam does not guarantee the absence of errors and failures in the provision of services provided for in clauses 2.1.-2.3. of the Offer, including in relation to the operation of the software.

 10.2. With the exception of the guarantees explicitly stated in the text of the Offer, Payam does not provide any other express or implied guarantees under the Agreement and expressly waives any guarantees or conditions regarding non-infringement of rights and compliance of Payam's Services with the specific goals of the Partner.

 10.3. By Accepting the Offer, the Partner (or the Partner's representative, including an individual duly authorized to conclude the Contract on behalf of the Partner) confirms and guarantees to the Payam that:

 10.3.1. The Partner (Partner's representative) provided reliable data, including the personal data of the Partner's representative when filling out the questionnaire, and reliable data, including personal data, of the Partner when processing payment documents for Services.

 10.3.2. Partner (Partner's representative): a) has fully read the terms of the Offer, b) fully understands the subject matter of the Offer and the Contract, c) fully understands the meaning and consequences of his actions in relation to the conclusion and execution of the Contract.

 10.3.3. The Partner (the Partner's representative) has all the rights and powers necessary for the conclusion and execution of the Contract.

 

11. OTHER CONDITIONS

 

11.1. Any notifications under the Agreement may be sent by one Party to the other Party.: 1) by e-mail; 2) by mail with delivery notification or courier service with delivery confirmation.

 11.2. The Parties are responsible for violation of the terms of the Agreement in accordance with the terms of the Agreement and the current legislation of the Republic of Armenia.

 11.3. The Parties are released from liability for partial or complete non-fulfillment of obligations under this Agreement if this non-fulfillment was the result of force majeure circumstances that arose after the conclusion of the Agreement, or if the non-fulfillment of obligations by the Parties under the Agreement was the result of extraordinary events that the Parties could not have foreseen or prevented by reasonable measures.

 11.4. The Agreement and its execution are regulated in accordance with the legislation of Armenia. All issues not settled by the Offer or not fully settled are regulated in accordance with the substantive law of the Republic of Armenia. If disputes between the Partner and Payam regarding the Contract are not resolved through negotiations between the Parties, they are subject to consideration in accordance with the procedure provided for by the current legislation in the competent court of Yerevan.

11.5. Payam does not bear any responsibility for the relationship between the User and the partner.