By this instrument, the person identified and qualified in the Register, which is an integral part of this Contract ("USER"); and BEETELLER PAGAMENTOS INTERNACIONAIS LTDA. enrolled in CNPJ nº 32.074.986/0001-30, with main offices at Rua Otacílio Nepomuceno, nº 600, sala 907, bairro Catolé, Campina Grande, Estado da Paraíba, CEP 58410-653, Brazil ("BEETELLER INTERNACIONAL"); have entered into this Terms and Conditions of Use of BEETELLER INTERNACIONAL ("Agreement"), which shall be governed according to the rules and conditions below.

 

By electronically accepting this Agreement, by checking the box "I have read and agree to BEETELLER INTERNACIONAL's Terms and Conditions of Use", the USER will automatically be adhering and agreeing to the terms and conditions of this Agreement and the Privacy Policy.

 

Use of the BEETELLER INTERNACIONAL System and/or performance of a Transaction shall be construed as full acceptance of this Agreement.

 

BEETELLER INTERNACIONAL may change the conditions of this Agreement from time to time, at its sole discretion; the USER, if he/she does not agree with the modification, may terminate it without any burden or penalty.

 

BEETELLER INTERNACIONAL is a Payment Institution regulated by Law No. 12,865/2013, and through the BEETELLER INTERNACIONAL System, performs the management and custody of funds; opening of Payment Accounts; and performance of Payment and Transfer Transactions.

 

BEETELLER INTERNACIONAL is also an eFX service provider, under the terms of Bacen Circular 3.691/2013 amended by Bacen Resolution nº 137, having as its main activity the intermediation of payments abroad, and may execute: (i) remittance of funds from USER to Foreign Vendors, with the sole purpose of making the payment of International Purchases; and (ii) inflow of funds for payment to USER of amounts due to USER by Foreign Vendors.

 

The updated version of this Agreement may be consulted at any time by the USER, by accessing the link: https://www.international.beeteller.com/termos-e-condicoes 

 

1. OBJECT AND DEFINITIONS

 

1.1 The subject matter of this Agreement is the provision by BEETELLER INTERNACIONAL of: (i) International Payment Services; and (ii) Domestic Payment Services.

 

1.2 The words and expressions below, indicated in this Agreement by the first capital letter, shall have the following definitions:

 

"Bacen": Central Bank of Brazil

 

"Card": instrument of payment of national or international use, in the modality of credit or debit, made available by the issuers in the form of a plastic card, by which the USER may make payments to BEETELLER INTERNACIONAL.

 

"Virtual Card": a virtual, non-physical payment instrument by which the USER may make payments to BEETELLER INTERNACIONAL.

 

"Registration": form filled out by the USER on the Platform, containing his/her personal data and other information necessary for accreditation to the BEETELLER INTERNACIONAL System and creation of the Payment Account.

 

"International Purchases": purchases of Products from the Foreign Vendor by USER.

 

"Payment Account": A payment account owned by the USER, destined for the loading, transfer and redemption of funds, whose values, converted into electronic currency, will be managed and held in custody by BEETELLER INTERNACIONAL.

 

"Agreement": this BEETELLER INTERNACIONAL Terms and Conditions of Use, which is an electronic contract available at the link https://www.international.beeteller.com/termos-e-condicoes and on the Platform.

 

"Exchange Company": institution authorized by Bacen to operate in the foreign exchange market and to perform international fund transfers, which will be contracted by BEETELLER INTERNACIONAL to perform the Payment Order.

 

"Suppliers": third parties that offer products and/or services to the USER by means of the Platform.

 

"Features": technologies made available by BEETELLER INTERNACIONAL on the Platform, for the performance of Transactions and use of the BEETELLER INTERNACIONAL System by the USER.

 

"Personal Information": data provided by the USER for the effectuation of the Payment Order, in accordance with the necessary limits for each operation.

 

"National Currency": official currency adopted by Brazil (Reais - R$).

 

"Foreign Currency": the currency adopted and in effect in the country in which the Foreign Seller is located.

 

"Payment Order": Remittance Order or Incoming Order.

 

"Incoming Order": entrance of resources in Foreign Currency, for the account of the USER, for the receipt of returns relative to International Purchases owed by the Foreign Seller, which will be converted into National Currency by the Exchange Company.

 

"Remittance Order": remittance of funds in Foreign Currency, for the account of the USER, for the payment of International Purchases owed by the USER to the Foreign Seller, which will be converted from Brazilian Currency to Foreign Currency by the Exchange Company. 

 

"PIX": a payment arrangement set up by Bacen, which disciplines the provision of payment services related to Instant Payment Transactions under the arrangement.

 

"Platform": site https://www.international.beeteller.com/ and/or application for mobile devices, available to the USER for: (i) the use of the Features and performance of Transactions; and (ii) the acquisition of Products sold by the accredited Foreign Vendors.

 

"Privacy Policy": policy available at https://www.international.beeteller.com/politica-de-privacidade, which provides about the collection, use, storage, treatment, sharing, protection and disposal of the information of the USER as a result of the use of the BEETELLER INTERNACIONAL System, and which is an integral part of this Agreement.

 

"Products": goods and/or services marketed by the Foreign Seller through the Platform.

 

"International Payment Services" or "eFX Services": services provided by BEETELLER INTERNACIONAL, as an eFX service provider, to make Payment Orders for USER or Foreign Seller.

 

"Domestic Payment Services": services provided by BEETELLER INTERNACIONAL to the USER for opening the Payment Account, management and custody of funds and provision of the Functionalities for carrying out Transactions.

 

"Third Party Services": products and services available to the USER on the Platform, offered by Providers who have no link with BEETELLER INTERNACIONAL.

 

"BEETELLER INTERNACIONAL System": services related to the opening of a Payment Account and performance of Transactions by the USER.

 

"Transaction": operation in which the USER performs the movement of his Payment Account, carrying out the loading of funds into his Payment Account; the transfer of funds to the Payment Account of other accredited USERS in the BEETELLER INTERNACIONAL System; or the redemption of funds held in the Payment Account. 

 

"Foreign Seller": legal or natural person, located abroad, responsible for the commercialization of Products through the Platform, which will be the final recipient of the resources submitted to the Shipment Order by the USER or original sender of Incoming Order (as applicable), and the Payment Orders may be remitted or received by the Foreign Seller directly or through a representative.

 

"USER": the legal or natural person who, by adhering to this Agreement, is enabled to perform Transactions through the BEETELLER INTERNACIONAL System.

 

2. INTERNATIONAL PAYMENT SERVICES

 

2.1 The International Payment Services provided by BEETELLER INTERNACIONAL, as an eFX service provider, enable the execution of the Payment Order issued by the USER in favor of the Foreign Vendors.

 

2.2 BEETELLER INTERNACIONAL's International Payment Services consist of:

 

(a) Hiring a Foreign Exchange Company to convert Brazilian Currency into Foreign Currency, for the execution of a Remittance Order to the Foreign Seller; and

 

(b) Hiring of a Foreign Exchange Company to convert Foreign Currency into Brazilian Currency, for the receipt of an Incoming Order sent to the USER by the Foreign Seller.

 

2.3 The International Payment Services begin upon USER adherence to this Agreement; and will remain in effect until the execution of the Remittance Order and/or Incoming Order, as applicable.

 

2.4 The Shipment Order will be made based on the value of the Products purchased by the USER on the Platform, in Brazilian Currency, and it is up to the USER, before signing this Agreement, to confirm if the values presented on the Platform are correct, including eventual fees due to BEETELLER INTERNACIONAL and other costs and taxes.

 

2.4.1 If the USER does not agree with the values informed in the Platform, he/she should not confirm the Delivery Order.

 

2.5 BEETELLER INTERNACIONAL will keep the information related to the International Purchase and the documents resulting from the Payment Order for a period of 5 (five) years; the USER may, at any time, request the statement with the details of the transaction, through the available customer service channels, with a prior notice of 10 (ten) days.

 

BEETELLER INTERNACIONAL will be responsible for contracting with the Exchange Company of its choice for the transfer and conversion of the funds submitted for the Payment Order.

 

2.7 When hiring the Exchange Company by BEETELLER INTERNACIONAL, the USER declares to be aware that:

 

(a) The Exchange Company is solely responsible for the price of the Foreign Currency it charges, as well as for the service fees that may be charged;

 

(b) BEETELLER INTERNACIONAL will use its own criteria to define the Exchange Company responsible for each Payment Order, which may vary according to the Platform and/or the location of each Foreign Seller;

 

(c) BEETELLER INTERNACIONAL is not responsible for any failures, interruptions and/or suspensions of the services offered by the Exchange Company, which may result in the non-realization of the Payment Order;

 

(d) The Exchange Company will be provided with the USER's Personal Information, to the extent necessary for the execution of the Payment Order;

 

(e) The entire hiring process may occur in the name of the USER, under the terms of the applicable legislation; and

 

(f) The Exchange Company, for any reason, may refuse to make a certain Payment Order, without any indemnity or penalty to the USER as a result of this cancellation.

 

2.8 BEETELLER INTERNACIONAL will only contract with Foreign Exchange Companies authorized to operate and practice the activities of international transfers and foreign exchange in Brazilian territory, under the terms of the regulations of the Bacen and current legislation.

 

2.9 The hiring of the Exchange Company will only occur at the time the USER's funds are available to BEETELLER INTERNACIONAL.

 

2.10 Each Payment Order will be made observing the maximum limit allowed by the legislation in effect.

 

2.10.1 The limit established may be altered by BEETELLER INTERNACIONAL at any time, by force of law, Bacen regulation, or by its own criteria.

 

2.11 The Order for Shipment to the Foreign Seller will be in Foreign Currency, and will be subject to the operating rules, legislation and deadlines of the country in which the Foreign Seller is located.

 

2.12 The Order of Entry will be made based on the value in Foreign Currency received from the Foreign Seller, according to the exchange rate determined by the Exchange Company, and it is up to the USER, before entering into this Agreement, to confirm if the values received are correct.

 

2.13 The Payment Order will no longer be accepted by BEETELLER INTERNACIONAL when: (i) the USER provides incomplete or incorrect Personal Information; (ii) the Exchange Company or any other third parties involved (including national and foreign public agencies), for any reason, prevent the realization of the Payment Order; and/or (iii) there is evidence of fraud or suspicion or malfeasance, in accordance with the provisions of this Agreement and the current legislation.

 

2.14 BEETELLER INTERNACIONAL is not responsible for any issues involving the relationship between the USER and the Foreign Vendors, and the services provided are restricted to making the International Payment.

 

2.15 To make a Payment Order, the USER must provide Personal Information, which includes (i) full name or company name; (ii) registration in the CPF or CNPJ; and (iii) other required data.

 

2.16 If Personal Information has been filled out on the Platform, the USER expressly authorizes his information to be made available to BEETELLER INTERNACIONAL.

 

2.16.1 In the above case, before using the International Payment Services, the USER must: (i) verify that the Personal Information is correct and updated; and (ii) accept this Agreement.

 

2.17 Whenever necessary, BEETELLER INTERNACIONAL, including by request of the Exchange Company, may request that the USER provide additional information.

 

2.17. 1 Furthermore, BEETELLER INTERNACIONAL may, at any time and even after the execution of the Payment Order, request copies of documents to check the veracity of the Personal Information provided by the USER.

 

2.18 The USER is civilly and criminally responsible for the veracity of the Personal Information provided, including before third parties.

 

2.19 BEETELLER INTERNACIONAL shall not be liable for errors or non-performance of the International Payments services if the Personal Information provided by the USER is inaccurate, untrue or out of date.

 

3. NATIONAL PAYMENT SERVICES

 

3.1 The National Payment Services provided by BEETELLER INTERNACIONAL, as a Payment Institution, make possible: (i) the registration and accreditation of the USER to the BEETELLER INTERNACIONAL System; (ii) the creation of a Payment Account owned by the USER, enabling him/her to perform Transactions; and (iii) the management and custody of the funds held in the Payment Account owned by the USER.

 

3.2 By means of the Platform, the USER will be able to use the Functionalities for: (i) load, move and redeem the funds available in his Payment Account; (ii) consult the balance of the Payment Account and statement of the Transactions; (iii) make transfers between USERS holders of Payment Account; (iv) make transfer order to bank account, of his ownership or of third parties (via TED, TEF, DOC or other available means); (v) make withdrawals in lottery houses, ATMs and authorized establishments, as available; (vi) issue bank slips for settlement in its Payment Account, after payment; (vii) make payments of bank slips and consumer bills; (viii) recharge prepaid services, including, but not limited to, mobile / fixed telephony, public transportation, app stores, among others; (ix) make instant payments through PIX, among other available Functionalities.

 

3.2.1 BEETELLER INTERNACIONAL may, at any time and without prior notice, delete, change or modify the Features available on the Platform. At the time of the USER's adherence to this Agreement, one or more Features may not be available, and may be included later due to the expansion of the Services provided

 

3.3 The Services will be provided remotely, by means of a license to use the Functionalities made available to the USER on the Platform.

 

3.4 BEETELLER INTERNACIONAL, under its sole and exclusive responsibility, may subcontract third parties or enter into partnerships to provide part of the services that make up the BEETELLER INTERNACIONAL System, being fully responsible for such act.

 

3.5 The USER declares to be aware that, in the case of technology Services and that depend on services provided by third parties, BEETELLER INTERNACIONAL may not be held responsible or assume any liability for failures, errors, interruptions, malfunctions or delays in the use of the Functionalities; not guaranteeing the maintenance of the BEETELLER INTERNACIONAL System and Functionalities in an uninterrupted manner, without moments of unavailability or slowness.

 

3.5.1 BEETELLER INTERNACIONAL will also not be responsible for: (i) intermittency or unavailability of the internet connection adopted by the USER; (ii) technical incapacity of the mobile device or operating system; (iii) unavailability of the Platform in the application store or internet browser used by the USER; and/or (iv) activities of persons not authorized to use the systems of the Platform

 

4. BEETELLER INTERNACIONAL SYSTEM ACCREDITATION

 

4.1 The registration to the BEETELLER INTERNACIONAL System will be carried out by the adhesion of the USER to this Contract, which will be effective by: (i) filling out the Registration; and (ii) electronic acceptance expressly manifested on the Platform.

 

4.2 To use the BEETELLER INTERNACIONAL System, the USER must obligatorily fill out the Registration, providing his/her personal data and information that may be requested on the Platform, and the information that will allow BEETELLER INTERNACIONAL to qualify the USER, as determined in the applicable regulations will be requested.

 

4.2.1 The information and documents requested at the time of Registration will allow BEETELLER INTERNACIONAL, under the terms of the applicable regulations, to evaluate; assess; characterize; and classify the USER, in order to know his/her risk profile and economic and financial capacity.

 

4.2.2 In certain situations, at the discretion of BEETELLER INTERNACIONAL, the USER may have approved his/her Registration and opening of the Payment Account through a simplified qualification process. In this case, the balance and contribution of funds to the Payment Account will be defined by BEETELLER INTERNACIONAL. Eventually, other limits may be defined by BEETELLER INTERNACIONAL and informed to the USER. At any time, the qualification process may be completed and the limits may no longer be applicable.

 

4.2.3 Whenever necessary, including to enable the use of the BEETELLER INTERNACIONAL System to carry out Transactions in value and quantity above the limits established, BEETELLER INTERNACIONAL may request that the USER provide additional information to that indicated in the Registration, as well as may, at any time, and at its sole discretion, request copies of documents to check the veracity of the information provided by the USER.

 

4.2.4 If BEETELLER INTERNACIONAL verifies incorrect or untruthful data provided by the USER, or if the USER refuses or omits to send the requested information and documents, BEETELLER INTERNACIONAL may temporarily suspend access to the BEETELLER INTERNACIONAL System and prevent the use of the Functionalities until it is corrected.

 

4.2.5 BEETELLER INTERNACIONAL may, at its sole discretion, conduct research in public or private databases in order to verify the veracity of the data and information indicated by the USER in the Registration.

 

4.3 The USER is civilly and criminally responsible for the veracity of the information provided, including before third parties, and is obliged to keep his data updated with BEETELLER INTERNACIONAL.

 

4.3.2 BEETELLER INTERNACIONAL shall not be liable for errors or non-performance of the Services that are part of the BEETELLER INTERNACIONAL System if the USER provides inaccurate, untrue or outdated information.

 

4.4 The USER, when filling out the Registration or first access to the BEETELLER INTERNACIONAL System, must register a login and password to use the Features and perform Transactions.

 

4.4.1 The use of the login and password are for personal, exclusive and nontransferable use by the USER, who must keep them confidential and not allow their access by third parties.

 

4.4.2 The USER, if a legal entity, undertakes to only give access to the login and password to its legal representatives, partners, administrators and/or agents with powers to conclude legal transactions on its behalf; being responsible, before BEETELLER INTERNACIONAL, other USERS and third parties, for all acts and transactions carried out through the use of the BEETELLER INTERNACIONAL System.

 

4.4.3 The USER must inform a valid e-mail and telephone number for communication with BEETELLER INTERNACIONAL; and any communication or notification sent by e-mail will be considered valid and effective between the Parties.

 

4.5 To use the Services provided by BEETELLER INTERNACIONAL, the USER, among other obligations set forth in this Agreement, must be: (i) an individual, older than eighteen (18) years of age and have a valid and regular registration with the Internal Revenue Service of Brazil; or (ii) a duly constituted legal entity, with its headquarters or office in Brazil and have a valid and regular registration with the Internal Revenue Service of Brazil.

 

4.5.1 Due to the nature of the Services provided, BEETELLER INTERNACIONAL is unable to verify the civil capacity and regularity of the USER; therefore it will not be responsible for any losses that may be caused due to non-compliance with the conditions indicated above.

 

4.6 It is forbidden to use the BEETELLER INTERNACIONAL System and the execution of the Transactions for the execution of businesses: (i) considered illicit, under the Brazilian legislation; (ii) that imply in violation of the National Financial System, the rules of the Central Bank of Brazil or the rules of financial institutions, flags, acquirers and issuers of credit and debit cards; (iii) considered as financial crimes, with the intention of money laundering, terrorism financing and corruption, among other related crimes, even indirectly; (iv) that do not represent a regular legal business and have the intention to practice fraud; or (v) that, in any way, will cause damage to BEETELLER INTERNACIONAL, its partners, other USERS, suppliers or third parties.

 

4.7 Transactions with indications or suspicions of fraud will be subject to non-processing or cancellation, even if made in a collusive manner or not by the USER.

 

4.8 BEETELLER INTERNACIONAL may suspend access to the Features and cease to carry out Transactions through the BEETELLER INTERNACIONAL System whenever it identifies or understands that the activity of the USER or the nature of the Transactions violates any provision of this Agreement or the current legislation; and may subject the USER to the cancellation of his/her accreditation and his/her immediate exclusion from the BEETELLER INTERNACIONAL System, regardless of any prior notice or notification, not generating to the USER any type of indemnity or compensation.

 

5. PAYMENT ACCOUNT

 

5.1 In order to use the National Payment Services, the USER authorizes the opening of a Payment Account of his/her own, individual and exclusive, which may be used by means of the Functionalities.

 

5.1.1 The opening of the Payment Account will occur by validating the data informed in the USER's Registration, personal data, e-mail, and telephone number.

 

5.2 The loading of the Payment Account will be done by one of the means available in the BEETELLER System, of free choice of the USER, among which: 

 

(a) Payment of a bank slip, by the USER himself - or a third party in favor of the USER -, with unique identification that allows the loading of the paid value into the Payment Account;

 

(b) Bank transfer made by the USER - or third parties in favor of the USER - directly to the current account indicated by BEETELLER INTERNACIONAL, by means of TEF, DOC or TED operations; 

 

(c) Receiving through transfers made by other USERS, within the BEETELLER INTERNACIONAL System, according to availability;

 

(d)Cash deposit, through lottery stores and other authorized correspondent establishments, according to availability; 

 

(e) Financial settlement resulting from Transactions carried out with credit or debit cards; and

 

(f) Payments and instant transfers made through PIX.

 

5.2.1 For the realization of payments and instantaneous transfers through PIX, the obligations and conditions foreseen in the Annex - Instant Payments, which is an integral part of this Agreement, will be applicable, which the USER must observe and fulfill.

 

5.2.2 BEETELLER INTERNACIONAL may, at any time, stipulate other ways for the USER to load the Payment Account by amending this Agreement and making it available through the Features.

 

5.2.3 With the loading of the Payment Account, by one of the allowed modalities, the resources will be available in the BEETELLER INTERNACIONAL System within 02 (two) business days; being possible for the USER, from then on, to make the Transactions by means of the Functionalities.

 

5.3 The funds deposited in the Payment Account may be used for transfer or redemption by one of the means available in the BEETELLER INTERNACIONAL System, among which:

 

(a) Performing Transfer Transactions to the Payment Account of other accredited USERS in the BEETELLER INTERNACIONAL System; 

 

(b) Redemption of resources, by means of transfer to the bank account owned by the USER; 

 

(c) Loading of a prepaid card issued to the USER, if available; 

 

(d) Due to the purchase of products or services contracted on the Platform, if available;

 

(e) Payment of debits of the USER, at his/her request, by means of the Functionalities;

 

(f) Purchase of products or Services contracted on the Platform, including Third Party Services;

 

(g) Prepaid Service top-ups, including but not limited to mobile / landline telephony, public transportation, application stores, transportation applications, among others available on the Platform;

 

(h) Payments and instant transfers made through the PIX; and

 

(i) Prepaid card loading, if available;

 

5.3.1 The transfer of funds between Payment Accounts within the BEETELLER INTERNACIONAL System will take place within 01 (one) business day of the Transaction taking place.

 

5.3.2 The redemption of funds, by means of bank transfer, will take place within 02 (two) business days after the Transaction has been carried out.

 

5.3.3 The Transactions made through the Features will no longer be accepted by BEETELLER INTERNACIONAL when: (i) there are not enough funds in the Payment Account; (ii) the USER fails to provide sufficient information or provides incorrect information to make the Transaction; and/or (iii) there is evidence of fraud or suspicion or wrongdoing, in accordance with the terms provided for in this Agreement and in the current legislation.

 

5.4 BEETELLER INTERNACIONAL will determine minimum and maximum value limits for loading BEETELLER Accounts and for making Transactions, which may vary according to the USER's Registration information, the type of Transaction, or other criteria defined by BEETELLER INTERNACIONAL. 

 

5.4.1 The above criteria may be changed at any time by BEETELLER INTERNACIONAL, with five (5) days advance notice, and by publication on the Platform. 

 

5.5 The funds credited to the Payment Account of the USER will be held in a bank account owned by BEETELLER INTERNACIONAL, and, under the terms of art. 12 of Law 12.865/2013, (i) constitute separate assets, not to be confused with those of BEETELLER INTERNACIONAL; (ii) are not directly or indirectly liable for any obligation of BEETELLER INTERNACIONAL, nor may be subject to seizure, attachment, search and seizure or any other act of judicial constriction due to debts under BEETELLER's responsibility; (iii) they may not be pledged as security for debts assumed by BEETELLER; and (iv) they are not part of BEETELLER INTERNACIONAL's assets for the purposes of bankruptcy or judicial or extrajudicial liquidation.

 

5.6 The burden or bonus resulting from keeping the funds in a bank account owned by BEETELLER INTERNACIONAL may not be imputed to or claimed by the USER.

 

5.6.1 The funds held in the Payment Account, unless expressly agreed otherwise, will not suffer any kind of increase or change, such as monetary correction and interest, nor will there be the payment of any remuneration to the USER, regardless of the period they are deposited.

 

5.7 The amounts deposited in the Payment Account shall be used for payments and transfers, and shall be considered by BEETELLER INTERNACIONAL as funds in transit owned by the USER.

 

5.8 The USER may not assign or encumber, in any way, the rights over the funds deposited in his/her Payment Account, without the prior written authorization of BEETELLER INTERNACIONAL, under penalty of ineffectiveness of the assignment or encumbrance before BEETELLER INTERNACIONAL.

 

5.9 The USER will have access to the Transactions made or pending payment by accessing the statement of his Payment Account, being able to view in the BEETELLER INTERNACIONAL System, the balance and history of movements. The availability of the balance and statement of transactions is characterized as accountability, for all legal purposes.

 

5.9.1 BEETELLER INTERNACIONAL will provide access to the Transactions made in the last 12 (twelve) months, and after this period BEETELLER INTERNACIONAL is not responsible for the maintenance of the information, being the USER responsible for the control and filing, including the possibility of printing the statement made available.

 

5.10 The USER assures that all funds in his/her Payment Account will come from legal and declared sources, exempting BEETELLER INTERNACIONAL of any responsibility.

 

6. CANCELLATION OF TRANSACTIONS

 

6.1 Claims and disputes arising from any Transactions made on the BEETELLER INTERNACIONAL System shall be settled directly between the USERS and/or between the USERS and the Foreign Vendors; so that BEETELLER INTERNACIONAL shall be exempt from any liability, and without prejudice to the possibility of withholding and/or compensation as provided in this Agreement.

 

6.2 The USER declares and guarantees that he/she will be fully responsible for the truthfulness, precision and conformity of the information and values of the commercial relations related to the Transactions; answering, if the case, for the quality, quantity, security, adequacy, price, term, delivery, Functionality and guarantees of the products or services that originated the Transactions.

 

6.3 Cancellation of the Remittance Order may be requested from BEETELLER INTERNACIONAL up to the time the money is transferred to the Exchange Company. 

 

6.3.1 After this transfer, the USER must request the cancellation directly to the Foreign Seller, in accordance with the rules and procedures published in the Platform.

 

6.3.2 If the Foreign Seller accepts the request made by the USER, he/she may request a refund from BEETELLER INTERNACIONAL by means of a Ticket Order. BEETELLER INTERNACIONAL will not be responsible for the difference between the value of the Payment Order and the value of the Ticket Order, if they are different.

 

6.4 The Payment Orders will be automatically canceled: (i) when their duplicity is verified; (ii) if there is the indication of incomplete or inaccurate information; (iii) in cases of evidence of irregularity or fraud; or (iv) in other cases provided for in this Agreement or in the current legislation.

 

6.5 The Payment Order may also be cancelled by BEETELLER INTERNACIONAL if: (i) for any reason, it is refused by the Foreign Exchange Company; or (ii) the rules applicable to the Seller's country prevent the realization of the Payment Order.

 

6.6 The USER assures that all funds used for the Payment Order will come from legal and declared sources, exempting BEETELLER INTERNACIONAL from any liability.

 

6.7 It is forbidden to use the International Payments services to purchase Products: (i) considered illicit and prohibited under Brazilian law; (ii) that imply in violation of the Brazilian Federal Revenue Service system, the National Health Surveillance Agency, Bacen regulations and customs rules; (iii) considered as objects of crimes of any nature, including money laundering, terrorism financing and corruption, among other related crimes, even if indirectly; (iv) that do not represent a regular legal business and are intended to practice fraud; or (v) that, in any way, will cause losses to BEETELLER INTERNACIONAL, its partners or third parties.

 

6.8 BEETELLER INTERNACIONAL may stop making the Payment Order whenever it identifies or understands that the activity of the USER or nature of the Payment Order violates any provision of this Agreement or the legislation in force in Brazil.

 

7. DISCLAIMER

 

7.1 BEETELLER INTERNACIONAL shall under no circumstances be responsible for the Products sold by the Foreign Sellers, nor for the content and/or information described on the Platform, and the services provided are restricted to making the International Payments.

 

7.2 If there are divergences, failures, errors and/or any other problems in relation to the Foreign Vendors and their Products, the USER must solve them directly with the Foreign Vendors through the service channels available on the Platform, exempting BEETELLER INTERNACIONAL from any responsibility.

 

7.3 The USER declares to be aware that BEETELLER INTERNACIONAL cannot be held responsible or assume any liability for failures, errors, interruptions, malfunctions, delays or other imperfections that may arise in the services provided in the scope of International Payments, even if of the responsibility of BEETELLER INTERNACIONAL, Exchange Company or its partners, and does not guarantee the maintenance of its systems in an uninterrupted manner, without moments of unavailability or slowness and in an error-free manner.

 

7.4 The USER declares to be aware that the realization of the Payment Order is conditioned to the effective receipt of funds by BEETELLER INTERNACIONAL, due to the credit performed: (i) by the financial institution responsible for the bank transfer or receipt of the bank slip through the Virtual Card; (ii) by the acquirers or subaccrediters that will perform the settlement of the transactions with the Card; or (iii) by the Exchange Company that performs the transfer of funds resulting from the Entry Order.

 

7.4.1 BEETELLER INTERNACIONAL will have no liability due to the absence or delay in transferring amounts by third parties.

 

7.5 In no event shall BEETELLER INTERNACIONAL be liable for non-payment to Foreign Sellers due to events not attributable to them, including, but not limited to: (i) applicable legislation in the country of destination of the funds of the Remittance Order or of origin of the Entry Order, which may suspend, delay or prevent the settlement of the funds; (ii) impossibility of locating the Foreign Seller, according to the information provided by the Platform; (iii) errors in the Payment Order, for any reasons provided for in this Agreement; or (iv) refusal of the Exchange Company, for any reason, to perform the Payment Order.

 

8. HYPOTHESES FOR RETENTION AND COMPENSATION OF RESOURCES

 

8.1 The USER acknowledges and agrees that BEETELLER INTERNACIONAL, in accordance with the provisions of this Agreement, shall have the right: (i) to retain the amounts held in the Payment Account of the USER to guarantee, in full, any payments that are due to BEETELLER INTERNACIONAL or to protect BEETELLER INTERNACIONAL against financial risks related to the obligations of the USER; and (ii) to offset, with the amounts held in the Payment Account, the debits, of any nature, of the USER with BEETELLER INTERNACIONAL.

 

8.2 BEETELLER INTERNACIONAL will withhold and compensate the existing or future amounts held in the Payment Account of the USER in the following cases:

 

(a) When BEETELLER INTERNACIONAL understands that there is a high level of operational or credit risk associated with the history of Transactions made by the USER;

 

(b) If there is evidence of irregularity or risk of cancellation of the Transaction, due to complaints, challenges, or improper use of the BEETELLER INTERNACIONAL System; 

 

(c) In cases where illiquidity, insolvency, request for judicial or extrajudicial reorganization, request for bankruptcy, closing of activities or any other hypothesis in which the difficulty of the USER in fulfilling its contractual and/or legal obligations is characterized; or

 

(d) Whenever there is a breach of the obligations set forth in this Contract or in the legislation in effect.

 

8.3 If there is not a sufficient balance to pay the debits due, the USER will be notified by BEETELLER to immediately top up his/her Payment Account, under penalty of characterizing his/her default, automatically and without the need for notice or any formality. 

 

8.3.1 The absence or delay in payment of any amounts owed by the USER will result in the payment of a moratorium fine of 2% (two percent), monetary correction by the IGPM/FGV or another index that replaces it, and interest of 1% (one percent) per month, to be calculated on the amount owed.

 

8.3.2 The default of the USER will also cause the immediate rescission of this Agreement and the adoption of legal measures for the collection of the debt, including the inclusion of the debt before the organs of credit protection.

 

8.4 The USER will have a period of 90 (ninety) days to point out any divergence or inaccuracy in relation to the values posted in the Payment Account, as from the execution of the Transaction, debit posting or compensation. After this period, the USER will no longer be able to complain about the entries made, granting full and final discharge to BEETELLER INTERNACIONAL.

 

9. REDEMPTION OF FUNDS AND CLOSING OF PAYMENT ACCOUNT

 

9.1 The USER may, at any time, provided that he/she has sufficient balance to pay the withdrawal fee, the applicable bank charges and the payment of any debts contracted with BEETELLER INTERNACIONAL, redeem in full the funds held in the Payment Account, as well as close it, upon request to BEETELLER INTERNACIONAL via the BEETELLER INTERNACIONAL System. 

 

9.2 The redemption of funds will be carried out at the request of the USER, by means of the transfer of the net value and in national currency, in accordance with the forms established for the use of funds held in the Payment Account.

 

9.3 The USER is responsible for the accuracy of the data informed about the bank account of its ownership, exempting BEETELLER INTERNACIONAL from any liability for transfers made because of inaccurate or imprecise information that may be informed by the USER.

 

9.3.1 If it is not possible to redeem funds due to an irregularity in the indicated bank account, the respective values will remain withheld and will be maintained in the Payment Account until they are regularized by the USER, without the incidence of any onus, penalties or charges.

 

9.4 When due to a technical and/or operational failure in the BEETELLER INTERNACIONAL System or the BEETELLER INTERNACIONAL banking system, BEETELLER INTERNACIONAL may, without incurring any liability or penalty, exceed, by up to one (1) business day, the deadline established to effect redemption of the Payment Account. 

 

9.5 In the event the date set for the redemption of funds is considered a holiday or a day when banks are not open, payment will be made on the 1st (first) subsequent business day.

 

9.6 Non-use of the Payment Account, defined as the absence of any use for a period of six (6) months, may result in the collection of an inactivity fee to reimburse BEETELLER INTERNACIONAL for maintenance expenses incurred by BEETELLER INTERNACIONAL, which will be deducted from the existing balance in the Payment Account.

 

9.7 From the moment the USER has no balance in his Payment Account for more than twelve (12) months, his Payment Account will be closed by BEETELLER INTERNACIONAL upon three (03) business days' notice.

 

10. BEETELLER INTERNACIONAL REMUNERATION

 

10.1 In exchange for the provision of the National Payment Services, the USER will pay BEETELLER INTERNACIONAL the fees, fixed or percentage, incident on each Transaction carried out, in accordance with the values indicated in the Registration and/or available for consultation on the Platform.

 

10.2 The USER shall pay BEETELLER INTERNACIONAL: (i) a fee for each Transaction carried out in the BEETELLER INTERNACIONAL System; (ii) a fee for withdrawal of funds; (iii) a fee for inactivity of the Payment Account; (iv) a fee for maintenance of the Payment Account; (v) a fee for the transfer of funds to the checking account of a third party (if available); and (vi) additional fees for other services that may be provided by BEETELLER INTERNACIONAL and described in specific contractual instruments, cumulatively with the other fees.

 

10.3 For the collection of fees, including for additional services that may be contracted by the USER, BEETELLER INTERNACIONAL may, alternatively: (i) make debit entries in the Payment Account; or (ii) compensate the value of the debits with any other credits, present or future, due to the USER. 

 

10.3.1 Without prejudice to the suspension of the services provided by means of the BEETELLER INTERNACIONAL System, if the USER fails to make the credit in his/her Payment Account, there will be the incidence of the moratorium charges stipulated in this Agreement.

 

10.4 BEETELLER INTERNACIONAL may readjust or change the value of the fees charged, informing the USER in advance, by e-mail or prior disclosure on the Platform. 

 

10.4.1 In case the USER does not agree with the new remuneration conditions, he/she can terminate this Agreement, without any onus or penalties. The non termination will be interpreted as consent in relation to the new values of the fees charged.

 

10.4.2 If new taxes are created or if the conditions for calculation and/or collection of taxes levied on the remuneration in effect are changed, BEETELLER INTERNACIONAL will, upon ten (10) days' prior notice, alter the amounts charged in order to restore the economic-financial balance.

 

10.5 BEETELLER INTERNACIONAL may institute other forms of remuneration, including on the additional services that come to be agreed in proper contractual instruments, by means of previous communication to the USER, with antecedence of 10 (ten) days.

 

10.6 The USER agrees that BEETELLER INTERNACIONAL, at its sole discretion, may sell, assign, pledge or otherwise dispose of the receivables arising from its remuneration, in no way prejudicing the USER's right to receive the net value arising from the Transactions.

 

11. TERM AND TERMINATION

 

11.1 In relation to the National Payment Services, this Agreement is concluded for an indefinite period, effective as of the date of its acceptance by the USER. With respect to International Payment Services, this Agreement shall terminate after the completion of the Remittance Order and, if any, the Incoming Payment Order, having been contracted between the Parties only for this operation.

 

11.2 This Agreement will be terminated at any time by the USER, by request through the Platform.

 

11.2.1 Once the closure is requested, BEETELLER INTERNACIONAL will verify, within 05 (five) working days, the existence of any existing balance to transfer to the USER and close the Contract.

 

11.3 This Agreement may be terminated at any time by BEETELLER INTERNACIONAL, upon thirty (30) days notice to the USER.

 

11.3.1 The Contract may be terminated by BEETELLER INTERNACIONAL if: i) after having been duly notified as to the inactivity of the Payment Account, the USER fails to comply with the activation rules and deadlines indicated in the respective notification; ii) there is an irregularity of a serious nature in the information provided by the USER.

 

11.3.2 The situations of inscription in the Individual Taxpayers' Register (CPF) or in the Corporate Taxpayers' Register (CNPJ) defined in the normative instruction of the Brazilian Federal Revenue Service as: i) 'suspended', 'cancelled' or 'null' in the case of the CPF; and ii) 'inapta', 'baixada' or 'nula' in the case of the CNPJ will be considered as being of a grave nature, among others.

 

11.4 Except for the hypotheses below, the termination of this contract will occur without the incidence of any burdens, charges, or penalties; except for pending obligations that must be duly fulfilled by the required deadline.

 

11.5 There will be the immediate and motivated termination of this Agreement, in the hypotheses of: (i) decree of bankruptcy, judicial or extrajudicial reorganization request or termination of activities of any of the Parties, at the sole discretion of the other Party; or (ii) the non-compliance with any obligation established in this Agreement that is not cured within the stipulated period or, in the omission, within ten (10) days counted from the notification or notice.

 

11.6 If the termination of the Contract occurs due to the fault of the USER, it is hereby established that his/her access to the Platform and to the BEETELLER INTERNACIONAL System will be immediately blocked, with the suspension of his/her Payment Account and retention of the USER's credits for the necessary period so that the rights of BEETELLER INTERNACIONAL, other USERS and third parties may be safeguarded; without prejudice to the adoption of other necessary legal measures and the ascertainment and compensation for eventual complementary damages.

 

12. ADDITIONAL RESPONSIBILITIES OF THE USER

 

12.1 All taxes incurred in the provision of the Services and in the license to use the Functionalities made available in the BEETELLER INTERNACIONAL System are the exclusive responsibility of the USER, and BEETELLER may deduct the respective values from the USER's credits.

 

12.2 The completion of the bank transfer of funds, payment of the bank slip, among other operations, may be subject to the collection of fees, rates or charges, in accordance with the criteria and values established by the financial institutions; and BEETELLER  INTERNACIONAL has no influence over the values charged to the USER.

 

12.3 The USER acknowledges and agrees that the execution of the Transactions by the BEETELLER INTERNACIONAL System is subject to the application of the legislation in force, including the prevention of money laundering, financing of terrorism and combating corruption; the transfer of the values of the Transactions being subject to strict compliance with the applicable legislation.

 

12.4 To use the Features and access the BEETELLER INTERNACIONAL System, the USER must have equipment (computer, smartphone, tablet or other similar devices) with internet access and in compatible conditions for its use, being the USER's sole responsibility to obtain, maintain and pay for such access and the necessary equipment (including taxes, fees or charges levied by service providers). BEETELLER INTERNACIONAL will not be responsible for the non-performance of the Transaction due to the incompatibility of the equipment or the absence or failure of internet access.

 

12.5 The USER agrees to hold BEETELLER INTERNACIONAL harmless from any and all judicial or extrajudicial claim or litigation arising from the use of the BEETELLER INTERNACIONAL System, including with regard to the USER's own activities and to issues related to legal business entered into by the USER outside of the BEETELLER INTERNACIONAL System.

 

12.6 The USER agrees to reimburse BEETELLER INTERNACIONAL for all amounts proven to have been spent in lawsuits or administrative proceedings that have been filed against BEETELLER INTERNACIONAL due to non-compliance with obligations attributable to the USER.

 

12.6.1 BEETELLER INTERNACIONAL may retain the credits to be paid to the USER and offset them for the payment of debts arising from convictions, costs and procedural expenses, as well as attorney's fees.

 

12.7 BEETELLER INTERNACIONAL has a Privacy Policy that indicates how the USER's information is collected, used, stored, handled, shared, disclosed and protected. The USER should carefully read the Privacy Policy, which is an integral part of this Agreement.

 

12.8 The USER recognizes and agrees that the intellectual property of the Functionalities is of full and exclusive ownership of BEETELLER INTERNACIONAL or of third parties who grant the right to use them, and the USER is authorized to use the Functionalities that are part of the BEETELLER INTERNACIONAL System during the term of this Agreement, according to the terms and conditions established herein.

 

12.8.1 It is forbidden for the USER: (i) to copy or transfer in any way, totally or partially, any of the Features or information relating to the Features; (ii) to modify the characteristics of the Features or perform their integration with other BEETELLER INTERNACIONAL System or software; (iii) to copy the data extracted from the BEETELLER INTERNACIONAL System, except those relating to the movements of the Payment Account.

 

12.9 The USER undertakes not to infringe any rights relating to trademarks, patents, software, internet domain, industrial secret, or industrial property rights or copyrights of any services or Functionalities made available under this Agreement, as well as not to use the name, brand, logo or any type of distinctive sign of BEETELLER INTERNACIONAL or its partners, without prior written consent.

 

13. THIRD-PARTY SERVICES

 

13.1 BEETELLER INTERNACIONAL may enter into partnerships with Suppliers, enabling the USER to contract various services and products available on the Platform.

 

13.2 With regard to Third Party Services, BEETELLER INTERNACIONAL is merely an intermediary in the relationship between the USER and the Supplier, since the technology available on the Platform is intended to bring the parties together.

 

13.2.1 BEETELLER INTERNACIONAL will make available on the Platform information about the Suppliers, their products and services; enabling the USER to contract directly with such Suppliers.

 

13.2.2 To use Third Party Services, the USER may or may not be directed to a site or other platform. Furthermore, the Providers may require new information, documents and/or data related to the USER.

 

13.3 Since this is an intermediation activity, BEETELLER INTERNACIONAL has no interference in the conditions, prices and performance of Third Party Services, including the conditions of contracting, request for documents and other relevant acts. Suppliers will be solely and exclusively responsible for all issues related to the Third Party Services offered on the Platform.

 

13.3.1 BEETELLER INTERNACIONAL may not, under any circumstances, be held responsible for any claims arising from the contracting of Third Party Services, and the USER shall be responsible for directly contacting the Supplier responsible for their provision.

 

13.3.2 The Supplier will be exclusively responsible for all the information disclosed on the Platform about the Third Party Services, including images, their characteristics and respective prices, as well as for the quality, existence, quantity, safety, delivery and guarantee of what is promised; so that BEETELLER INTERNACIONAL will not exercise any control or inspection and will not have any responsibility for the Third Party Services and/or the veracity of the information made available on the Platform.

 

13.3.3 Furthermore, BEETELLER INTERNACIONAL is not responsible for the suitability, technical-operational and financial capacity of the Suppliers, acting only as a mere intermediary in its relationship with the USER.

 

14. GENERAL PROVISIONS

 

14.1 The USER declares to be aware and agrees that, regardless of where he/she is using the services that integrate the BEETELLER INTERNACIONAL System, the relationship between the Parties will always be governed by the Brazilian legislation.

 

14.2 The USER expressly authorizes BEETELLER INTERNACIONAL to use the information, even if relative to his/her Registration, Payment Account, current account and Transactions made in the BEETELLER System, to form a database, preserving the individuality and identification of each USER.

 

14.3 The USER authorizes BEETELLER INTERNACIONAL to verify and exchange registration, credit and/or financial information about him/her nationwide, with financial or credit protection entities, including to make consultations to BEETELLER INTERNACIONAL's System of credit risk about eventual debits of liabilities of the USER and to provide the cited organ with information of registration data and credit information.

 

14.4 Under the terms of the applicable legislation and the Privacy Policy, the USER agrees that BEETELLER INTERNACIONAL or any of its partners may send messages of an informative or advertising nature.

 

14.5 BEETELLER INTERNACIONAL will assist and cooperate with any judicial authority, regulator or public body that may request information, being able, in this case, to provide any information about the USER in relation to the use of the Platform.

 

14.6 The Parties elect the Forum of the City of Campina Grande / PB as the only competent to settle issues arising from this Agreement, expressly waiving any other, however privileged it may be.

 

14.7 Any questions regarding this Agreement may be sent to BEETELLER INTERNACIONAL by e-mail: suporte@beeteller.com or through the website https: https://www.beeteller.com/  

 

Version updated on July 20, 2023.

 

BEETELLER PAGAMENTOS INTERNACIONAIS LTDA.

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ATTACHMENT - INSTANT PAYMENTS

 

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