GENERAL TERMS
of the contract with the users of the postal money orders, provided by SPEEDY AD pursuant to an individual license No. 3-013-001/16.07.2020
Approved by Decision No. 220/30.06.2022 of CRC
Section I
General Provisions
1. These General Terms of the contract with the users of the “Postal Money Orders” service, called for short “General Terms” or “GT”, regulate the terms for providing this service by Speedy AD (“operator”) and define the rights, obligations and liabilities of the parties to the contract.
2. Postal money orders (PMO) within the meaning of the present GT is a service whereby at the point of access to the operator's network the sender submits a cash amount and orders electronically or in writing on paper the full amount to be paid in cash to the addressee.
3. A user of the service ("user") can be any natural person or legal entity.
4. Users may familiarize themselves with the present General Terms:
4.1 in any post office of the operator, where they are placed in a visible and accessible place;
4.2 on the operator's website on the Internet with address www.speedy.bg ("operator's website"), where they are published in electronic version.
5. The parties may in an individual contract agree on other conditions for the execution of the service. For the conditions not agreed in an individual contract, the General Terms of the operator shall apply. In case of conflict between the terms of the individual contract and the General Terms of the operator, the agreed terms in the individual contract shall apply.
6. In the relations between them the parties may use an electronic signature (ordinary, advanced or qualified) and agree to recognize its value as a handwritten one. An electronic signature placed by the user on an operator's device equipped with a software application that transforms the user's signature into a digital graphic image and integrates it into the structure of the electronic document without the possibility of editing or modification has the value of a handwritten signature placed on a paper copy of the document.
7. A document received in the web-based self-service module of the operator, with an individual password and username of a user, is an electronic document within the meaning of the Electronic Document and Electronic Signature Act.
8. The Postal Services Act (PSA) and the legislation of the Republic of Bulgaria shall apply to the conditions not agreed in these GT, as well as to the interpretation of the concepts contained therein.
Section II
Scope and Characteristics of the Service. Terms of Access
9. PMO is a postal service whereby at a network access point of the operator the sender submits a sum of money in cash and orders the full amount to be paid in cash to the addressee without any deduction. The PMO service is provided by the operator on the territory of the Republic of Bulgaria.
10. The contract for the performanceof the PMO service consists of these General Terms and a bill of lading for PMO, drawn up by or under the instructions of the user. The bill of lading is a document with a unique number, drawn up according to the sample of the operator in electronic format, which is stored in the electronic system of the operator and certifies the conclusion of the contract and the services provided under it. Signature of the operator or the user on the bill of lading is not required.
10.1. When the bill of lading is filled in by the operator according to the instructions of the user, the sender shall receive a copy upon transmission of PMO and has the right at this time to check the content and request the elimination of errors or omissions.
10.2. When the bill of lading is filled in by the user in a self-service module, the user can eliminate errors or omissions in the bill of lading at the latest until the PMO is transmitted to the operator.
11. The contract is considered concluded with acceptance of PMO by the operator and payment of the price of the service. The PMO sender certifies the transfer of the amount with a copy of the bill of lading, which he receives from the operator upon the transfer of the amount.
12. Various additional services or conditions can be agreed in an individual contract with the users.
13. The data contained in the PMO bill of lading are announced by the user who is requester of the service. Minimum data required for accurate execution of the service are: the names of the sender and addressee of PMO, exact and complete address or a post office for payment of PMO, person and mobile phone numbers for contact with the sender and addressee. Pursuant to Article 20, paragraph 1, item 11, b. "C" of the PSA, the operator requires, processes and stores within the statutory time limits identification data of the addressees of amounts paid under the PMO service (three names and Personal Identification Number or Personal Number of a Foreigner for natural persons, respectively name and Unified Identification Code for legal entities), as well as identification data of their authorized person.
14. In the relationship between the parties, it is considered that at the time of PMO transmission, the service requester:
14.1. confirms the accuracy of the data announced in the bill of lading;
14.2. confirms the service requested by him and accepts the terms of payment;
14.3. provides personal data and gives consent for their processing, necessary for the implementation of the PMO service contract and the statutory obligations of the operator;
14.4. assumes responsibility for the consequences of declaring incorrect or incomplete data;
14.5. confirms that he is familiar with these GT and they are part of the PMO contract.
15. The contract is considered fulfilled:
15.1. with the pay off of the PMO amount to the addressee;
15.2. with the return of a not-received PMO to the sender;
15.3. with the accrual of unclaimed PMO under the terms of the present GT;
16. The operator provides equal access to all users to its access points for using the service provided under these GT.
16. When concluding and executing the PMO contract, the operator applies a Privacy Policy, which the users can get acquainted with in each post office of the operator, where it is placed in a visible and accessible place, as well as on the website of the operator, where it is published in electronic version.
17. In order to increase and guarantee the quality of the provided services, the telephone conversations conducted between the operator and the users may be recorded, and video surveillance may be conducted in the post offices of the operator.
18. The operator guarantees protection of the confidentiality of the correspondence of the users and the requirements for postal security, both during the performance of the service and after that, namely:
18.1. It is not entitled to misappropriate amounts under the PMO;
18.2. It is not entitled to provide with information about PMO, except to the sender and the addressor to persons authorized by them, as well as by order of the competent authorities in the manner prescribed by law;
18.3. It shall take all reasonable measures and actions for protection and safeguarding of the funds and assist the competent authorities in detecting violations and crimes committed against or through the postal network in accordance with the procedure established by law.
Section III
Conditions and Terms for Acceptance and Delivery of Postal Money Orders
19. PMO is accepted by the sender in cash at a network access point of the operator.
20. PMO shall be paid off to the addressee in cash at a network access point of the operator specified by the sender or at the address of the addressee.
21. The operator shall pay off the PMO to the addressee within the following deadlines set in working days, the day of acceptance, Saturdays, Sundays and official and public holidays not counting:
21.1. For settlements with SPEEDY post office – one working day;
21.2. For settlements serviced according to a schedule – according to a service schedule, but not later than 3 (three) working days.
22. Restrictions in the performance of the service, imposed by the competent authorities, force majeure or other extraordinary circumstances, are announced to all users through a message on the website of the operator or to the affected user upon acceptance of PMO.
23. PMO is accepted/paid off within the working hours of the operator, which are announced in a visible and accessible place in each post office of the operator, as well as on the website of the operator.
24. Servicing of the settlements by days is carried out according to schedules, for which information is available on the operator's website and in each of its post offices.
25. PMO shall be paid off in cash to the person designated as the addressee, to his parent or guardian, if he is a minor or under-age, or to a person explicitly authorized by the addressee or the legal representative, against a presented identity document and a handwritten signature.
26. The addressee’srefusal to receive a PMO shall be noted on the bill of lading and confirmed by the addressee with a signature. If the addressee refuses to confirm his refusal in writing, the courier shall certify this fact.
27. Redirection of PMO for payment to another address or office is made after an order by the user (sender or addressee), the same is considered a requested new service and is subject to separate payment.
28. PMO that shall be delivered to an address and it has not been paid to the addressee due to the fact that the latter refuses to receive it, or is unknown at the specified address, or the specified address or the contact telephone number is incomplete or inaccurate, is returned to the sender within 7 days from the date of establishment of the impossibility of pay off.
29. PMO that shall be received at a post office, which is not claimed by the addressee within 30 days from the date of its acceptance, shall be returned back to the sender within 7 days after the expiration of the storage period. The storage period may be extended to 15 days at the written request of the sender or addressee.
30. An unpaid PMO that cannot be returned back to the sender because the latter refuses to receive it, or is unknown at the specified address, or the specified address or contact telephone number is incomplete or inaccurate, or it has not appeared to receive it in 30-day period of notification on the contact phone, is kept for a period of three years, after which it remains in favour of the operator.
Section IV
Prices and Methods of Payment
31. The operator shall set the price of the PMO service and the additional services to it in accordance with the supply and demand, providing them to the Commission for Regulation of Communications for information within 10 days before their entry into force. The price is indicated in the current tariff of SPEEDY AD ("Tariff"), which is announced to the users by:
31.1. a publication on the operator's website;
31.2. placing in a visible place in each post office of the operator;
31.3. providing it on paper or electronic media upon request;
32. The prices of the PMO service and additional services to it shall be paid by the users according to Article 10 of the present GT, unless otherwise agreed in an individual contract with the operator.
Section V
Rights and Obligations of the Operator and Users
33. The operator shall be obliged:
33.1. to provide in a visible and accessible place to the users: The General Terms of the contract with the users, the current Tariff of the operator, information about the network access points of the operator, the working hours of the operator, the terms for acceptance and processing of complaints, the amount of the operator’s responsibility, and the compensations due in case of lawful complaints;
33.2. to perform the service paid by the user accurately, with good quality and in time, without deviations from the agreed conditions.
33.3. to comply with all requirements of the Measures Against Money Laundering Act and the Measures Against the Financing of Terrorism Act referring to this activity.
33.4. to keep the confidentiality of the correspondence during and after the performance of the service, as well as to comply with the requirements of the applicable legislation in the processing of the personal data of the users;
33.5. to indemnify the users for damages incurred by them under the conditions and in the amounts contained in the present General Terms or in the individual contract between the parties;
33.6. to consider and take opinions on complaints, appeals, requests and suggestions from the users;
34. The operator has the right:
34.1. to organize and perform under the conditions of operational independence all activities for the acceptance, processing and payment of PMO, as it deems optimal or appropriate.
34.2. to receive the remuneration for the respective service announced in the current Tariff or agreed in an individual contract;
34.3. to draw up ex officio a new bill of lading for PMO in case of redirection or in case of change of the parameters of the service by sender or addressee;
35. Users of the PMO service have the right:
35.1. to receive information in an accessible way about the current GT, the Tariff of the operator, the working hours of the operator, the terms for accepting complaints and the amounts of the compensations;
35.2. to receive performance of the agreed service without deviations from the conditions specified in the bill of lading and the General Terms, and when an individual contract has been concluded – from the terms provided therein;
35.3. to make written complaints in case of non-compliance with the terms for payment of PMO or other conditions of the PMO contract, and in case of lawful complaints – to receive compensation in the amounts specified in the General Terms of the operator.
36. Users have the following rights to unilaterally change the parameters of the PMO service:
36.1. The sender is the owner of the amount under PMO until the moment of delivery to the addressee, as all costs for execution of the orders for change of the parameters of the service are at his expense, except for the cases under Article 36.2;
36.2. The PMO addressee shall be deemed authorized by the sender to order a change in the delivery post office of the operator or in the payment address appointed by the sender, in the pay off date, to extend the storage period of the PMO at the access point by up to 15 days. In this case, if the PMO is paid off to the addressee, the costs of changing the parameters of the service are at the expense of the latter.
Section VI
Complaints and Compensation Procedures
37. Users are entitled to file complaints about incomplete, inaccurate or delayed performance of the PMO service, including in cases of delay in pay off, unpaid or incorrectly paid off amounts.
38. The deadline for filing a complaint is 6 months from the date of acceptance of the PMO.
39. A complaint shall be submitted in writing at the operator's post office, in writing to the operator's address, by e-mail or via the complaint form on the operator's website.
40. The complaint shall be considered regularly filed only when all amounts due to the operator for the provided services have been paid without delay or set-off.
41. The operator shall study the complaint and within one month notify the claimant in writing of the result.
42. Upon a lawfulcomplaint filed by a user for unpaid to the addressee and not returned to the sender PMO within the storage period, as well as upon payment of the amount to an unauthorized person for a reason for which the operator is responsible, the operator owes refund of the amount of PMO and compensation in the amount of the collected price of the service.
43. Upon a lawful complaint filed by a user for delayed payment of PMO, the operator owes compensation to the amount of 10% of the price of the PMO service for each day of delay, but not more than 50% of the same.
44. Upon a lawful complaint for unreasonably returned PMO, when there is no reason for non-delivery, the operator shall return the paid price for the unperformed service. In this case compensation under article 42 is not due.
45. Upon a lawful complaint for other non-performance of the service, not specified in articles 42, 43 or 44, the ooperator shall owe compensation in the amount of the damage, but not more than 50% of the price of the PMO service.
46. The operator refunds to the user the paid price of the service only in the cases when the service is not provided entirely for a reason for which the operator is responsible.
47. The sender or addressee of PMO is entitled to compensation as follows:
47.1. the sender of PMO until its payment, and after its payment - the addressee;
47.2. until the payment of the PMO, the addressees entitled to compensation only with the written consent of the sender;
47.3. after payment of the PMO, the sender is entitled to compensation only with the written consent of the addressee.
48. The operator shall not be liable for indirect or non-material damages suffered by the users, as well as for lost profits resulting from non-performance, incomplete, inaccurate or delayed performance of the service. The liability of the operator for damages arising from non-performance, incomplete, inaccurate or delayed performance of the PMO service contract is limited to the amounts specified in article 42 to item 45 of these GT.
49. The operator shall not be liable for non-performance, as well as for delayed, incomplete or inaccurate performance of the service, when:
49.1. it is due to force majeure, including, but not limited to, natural phenomena, strikes, riots, anti-epidemic or other restrictive measures imposed by the competent authorities, etc. The operator will make good faith efforts to limit non-compliance and to minimize damage.
49.2. it is due to unforeseen circumstances (e.g. by order of a competent authority in the manner prescribed by law). In that case, the period of performance shall be automatically extended by the number of days for which payment of the amount has been suspended by the competent authorities.
49.3. due to an incomplete or incorrect contact address or telephone number, PMO has been paid with delay, has not been paid to the addressee and has been returned to the sender or has been paid to another person;
49.4. when no written complaint has been filed within the term under Item 38 of these GT.
50. The term for payment of compensation on a lawful complaint filed by a user is 15 working days after the operator notifies the claimant of his decision on the complaint and the latter indicates his bank account or post office where to receive the compensation.
Section VII
Compliance with national and international regulations
51.Each User of a service provided by the Operator shall:
51.1. declare, warrant and undertake to comply with applicable anti-corruption/bribery norms and, in violation of applicable law, not to give, offer, promise or permit a gift of money or other benefit to obtain or retain business, refer business to any person or to obtain any unfair advantage;
51.2 declare, warrant and undertake to comply with all applicable national and international export and re-export control regulations, all applicable national and international regulations for dual-use items, any restrictive measure or embargo imposed under UN programs or other national or international program as well as any applicable national and international regulations directed against terrorism, money laundering or other similar activities.
51.3. declare that he/she is not among the physical persons or legal entities identified on the SDN List (a list of Specially Designated Nationals pursuant to Executive Order 13224, the purpose of which is to identify persons suspected of terrorism, or with any later version of this document, issued by the Office of Foreign Assets Control (OFAC) of the US Department of the Treasury and published on its official website: http://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx, on any other substitute website or in any other official publication), UN or other comparable national or international list.
51.4.declare that he/she has been informed and shall accept that his/her data, as well as the data of the senders and the addressees of PMOs requested/agreed by him/her, are subject to automated verification by both the Operator and its international partners, which aims to certify that these persons are not identified on the SDN, UN or other comparable national or international list.
51.5 be responsible for informing the senders and the addressees of PMOs requested/contracted by him/her that their data are subject to the verification under item 51.4.
51.6 undertake to notify the Operator of any knowledge or suspicion that a person engaged in a requested/contracted service is in violation of any of the aforementioned provisions or is identified on the SDN, UN or other comparable national or international list.
52. In case of violation of the declarations, guarantees and obligations under item 51, the Operator has the right, at its discretion, to cease or suspend the provision of the service, to transmit all available information to the competent authorities and/or to take any other actions required by the competent authorities. It is the responsibility of the User to inform all other persons affected by the performance of the service about the application of these conditions and to obtain their consent if necessary.
53. Under no circumstances will the operator be liable for interruption or suspension of a service, transmission of data for persons affected by the performance of a service at the request of competent authorities or any other appropriate measure taken in connection with the application of the above Item 51 and Item 52.
Section VIII
Dispute Resolution Procedure
54. Disputes between the user and the operator are resolved in the spirit of good partnership, through good faith negotiations and agreements. In case of disagreement, either party may file a complaint with the Communications Regulation Commission and/or refer the dispute to the competent Bulgarian court.
