Terms and conditions

Scope of the Service

These Terms and Conditions govern the provision of the Single Payment Service by NEXWAVEPAY and outline the rights and obligations of both NEXWAVEPAY and the Payer. NEXWAVEPAY is the entity providing this service to the Payer.

Definitions

Merchant

The entity receiving payments via the Single Payment Service. This may be a natural person, legal entity, or organization with legal capacity that has signed a cooperation agreement with NEXWAVEPAY.

Payment Authorization

The Payer’s consent to execute a payment.

Payer’s Provider

The bank or payment service provider maintaining the Payer’s payment account.

Business Day

Any day except Saturdays, Sundays and statutory holidays in Poland.

Payment Information

Data describing the payment and used data.

Payer

The person or entity using the Single Payment Service.

Payment

A transfer of funds from the Payer to the Merchant to fulfill a transaction.

Payment Account

A transfer of funds from the Payer to the Merchant to fulfill a transaction.

Website

A transfer of funds from the Payer to the Merchant to fulfill a transaction.

NEXWAVEPAY Payment System

The system through which payments are processed.

NEXWAVEPAY Bank Account

The bank account held by NEXWAVEPAY for processing payments.

APS

The Payment Services Act of 19 August 2011.

Payment Order

The Payer’s instruction to their Provider to execute a payment transaction.

General Rules

These Terms grant Payers access to make payments via the NEXWAVEPAY Payment System on Merchant websites.
NEXWAVEPAY is authorized and supervised by the Polish Financial Supervision Authority.
Minimum requirements to use the service: internet access, a web browser, and an email account. NEXWAVEPAY is not responsible for failures caused by the Payer’s non-compliance with these requirements.
To use the service, Payers must provide accurate personal data including name, email, phone number, and IP address. NEXWAVEPAY may request additional data to assess payment risk.
Payments made by Payers are accepted to the NEXWAVEPAY bank account, confirmed to the Merchant, and then transferred to the Merchant’s bank account.
Payment authorization rules depend on the Payer’s Provider.
The service is free for Payers. NEXWAVEPAY is not party to agreements between Payers and their Providers or Merchants.
NEXWAVEPAY is not liable for failure or improper performance by Merchants or Payers.
The service does not include maintaining a payment account; it is a payment service per APS and not banking activity.

Payment Execution

Using the service requires providing required data and accepting these Terms, which forms a contract for the single payment.
The contract is valid until the Payment is authorized or up to 7 days after initiation.
Failure to authorize within this period cancels the contract.
Once authorized, the Payer cannot withdraw.
NEXWAVEPAY may refuse to process payments if Terms are violated or if there are suspicions related to anti-money laundering laws.
NEXWAVEPAY is not responsible for issues caused by intermediaries like the Payer’s bank.
Payment Orders are deemed received when credited to the NEXWAVEPAY bank account. Orders received on non-business days are processed the next business day.

Complaints

Complaints must be submitted in writing to NEXWAVEPAY’s address or via email at representative@nexwavepay.com.
Complaints should include the reason, transaction details, and contact information.
NEXWAVEPAY may request additional info to process complaints.
Complaints are handled within 15 working days, with responses sent by email or mail.
Complex cases may take up to 35 working days, with reasons and expected timelines communicated.
Payers must report unauthorized or incorrect transactions promptly—claims expire after 13 months.

Personal Data

NEXWAVEPAY is the data controller and processes data in compliance with GDPR and relevant laws.
Personal data collected includes name, email, phone number, and IP address.
Data is used to execute payments, fulfill legal obligations, handle complaints, and notify transaction status.
Data may be shared with Merchants, service providers, and authorized authorities under the law.
Data is stored only as long as necessary per legal requirements.
Payers have rights to access, correct, or request transfer of their data, and to file complaints with data protection authorities.
NEXWAVEPAY applies technical and organizational security measures to protect data.

Payer Obligations

Payers must comply with these Terms, laws, and use accurate data.
Prohibited actions include: interfering with IT systems, submitting unlawful content, or using invalid or unauthorized payment instruments.

Final Provisions

The Terms are available on NEXWAVEPAY’s website and before payment initiation, allowing Payers to access, copy, and save them.
NEXWAVEPAY may update Terms, with changes effective upon website publication, not applying retroactively.
Legal relations governed by Polish law; disputes (except consumer disputes) resolved in courts in Poznań.
Consumers may use online dispute resolution platforms and out-of-court mechanisms including the Financial Ombudsman.
More info on dispute resolution is available at the Office of Competition and Consumer Protection website.