PAYMENTS UNDER THE LOAN AGREEMENT. 10.1 The Recipient of the Loan shall pay the amount of the Loan, the Interest and other fees under the approved schedule of the Loan Agreement. 10.2 The Interest shall be calculated on the amount of the Loan from the day (inclusive) when the Loan is transferred to the Recipient of the Loan (or to other entities than the recipient of the Loan). 10.3 The amount payable by the Recipient of the Loan shall consist of the amount of the Loan payable tothe Lenders, the Interest, late payment fees and the amount of the Loan, the Interest (when the Organizer has provided at least part of the Loan amount), the Administration fee, Contract fee, late payment fee payable to the Organizer. 10.4 The Recipient of the Loan shall repay the loan of the Loan and pay the Interest, the Contract Fee and the Monthly Administration Fee and make other payments in accordance with the Loan repayment schedule. The Loan repayment schedule shall be provided to the Recipient of the Loan in a durable medium and additionally uploaded in the unique account of the Recipient of the Loan. 10.5 The Interest income earned by the Lenders by lending funds via the Website shall be taxable and declared according to the legislation of the place of residence of the Lender. The Organizer shall not and may not be liable for proper execution of the liabilities related to taxation of income. 10.6 The Recipient of the Loan, under the Consumer Agreement, must first pay the Contract Fee the due date of which shall be 5 calendar days from the date of transfer of the amount of the Loan. If the date of receipt of the amount of the Loan is later than the date of the transfer, the Recipient of the Loan shall pay the Contract Fee from the date of receipt of the amount of the Loan. The Recipient of the Loan shall be aware of the moment of disbursement of the Loan, i.e. after disbursement of the funds, the Recipient of the Loan shall be notified by e-mail.
Appears in 2 contracts
Samples: Website Use Agreement, Website Use Agreement
PAYMENTS UNDER THE LOAN AGREEMENT. 10.1 8.1 The Recipient of the Loan shall pay the amount of the Loan, the Interest and other fees under the approved schedule of the Loan Agreement.
10.2 8.2 The Interest shall be calculated on the amount of the Loan from the day (inclusive) when the Loan is transferred to the Recipient of the Loan (or to other entities than the recipient of the Loan).
10.3 8.3 The amount payable by the Recipient of the Loan shall consist of the amount of the Loan payable tothe to the Lenders, the Interest, late payment fees fines and the amount of the Loan, the Interest (when the Organizer has provided at least part of the Loan amount), the Administration fee, Contract fee, late payment fee payable to the Organizer, and other payments, which shall be published on the Website.
10.4 8.4 The Recipient of the Loan shall repay the loan amount of the Loan and pay the InterestInterest following the schedule of repayment of the Loan established in the Special Terms and Conditions under the instructions presented in the payment order by the Organizer. If the information contained in the payment order is different from the schedule of the Loan Agreement uploaded to the Consumer’s unique account, the Contract Fee and Consumer must make the Monthly Administration Fee and make other payments in accordance with following the Loan schedule of repayment scheduleof the Loan. The Loan repayment schedule shall be provided to the Recipient of the Loan in a durable medium shall pay at the same time the Interest, the Administration fee and additionally uploaded in the unique account of the Recipient of the Loanother payments.
10.5 8.5 The Interest income earned by the Lenders by lending funds via the Website shall be taxable and declared according to the legislation of the place of residence of the Lender. The Organizer shall not and may not be liable for proper execution of the liabilities related to taxation of income.
10.6 8.6 The Recipient of the LoanLoan shall have the right to repay part or all of the Consumer Credit earlier than the term provided for in the Agreement and exercise the right to a reduction of the total cost of the consumer credit if the following conditions are met:
8.6.1 in order to repay the Consumer Credit earlier, the Recipient of the Credit must notify the Organizer at least 5 (five) calendar days prior to the expected date of return by means of a notice on a durable medium;
8.6.2 the Organizer declares that it will not require any compensation from the Recipient of the Credit for early repayment unless the repayable consumer credit or part thereof exceeds EUR 2320 in any twelve- month period. If the consumer credit or part thereof, which is repaid earlier than the specified term, exceeds EUR 2320 in any twelve-month period, the Organizer shall have the right to request the Recipient of the Credit to pay compensation equal to 0.5 percent on the part of the Consumer Credit repaid earlier than the specified term, but not higher than the amount of Interest that the Recipient of the Credit would have paid if the Consumer Credit was repaid in due time specified in this Agreement;
8.6.3 upon repayment of all or part of the Consumer Credit earlier, the Recipient of the Credit shall be entitled to a reduction in the Total cost of the consumer credit that consists of Interest and expenses for the remaining period of the Consumer Credit Agreement calculated from the day of repayment of the Consumer Credit or part thereof;
8.6.4 in case the Recipient of the Credit requests for early repayment and recalculate the Interest, the Recipient of the Credit shall submit a separate request to the Organizer in order to recalculate other costs related to the Consumer Credit Agreement (Agreement and Monthly administration fee). Other costs shall be recalculated only upon receipt of such a request, and in the event of excess, it shall be credited to the account specified by the Recipient of the Credit;
8.6.5 when the Recipient of the Loan has an active loan that is refinanced by another credit or financial institution, in the case of early repayment, the repayable (refinanced) loan shall be first credited, and only then the money shall be credited according to another available active obligation(s). In such a case, the Agreement and Monthly administration fees payable to the Organizer shall be credited first.
8.7 When the Recipient of the Loan repays part of the Consumer Credit earlier than the term provided for in the Consumer Credit Agreement and exercises the right to a reduction of the Total costs of the consumer credit under the procedure provided for in paragraph 8.6, depending on the amount of the partial early repayment, the amount of the Monthly payment shall be reduced without changing the final repayment term of the Consumer Credit.
8.8 After the Recipient of the Credit has transferred the amount of the early repayment of the consumer credit, the Organizer shall have up to 15 calendar days to credit the money to the account.
8.9 The Recipient of the Credit, under the Consumer Credit Agreement, must first pay the Contract Fee fee the due date of which shall be 5 five calendar days from the date of transfer of the amount of the Loanconsumer credit amount. If the date of receipt of the consumer credit amount of the Loan is later than the date of the transfer, the Recipient of the Loan Credit shall pay the Contract Fee fee from the date day of receipt of the amount consumer credit amount. In this case, at the request of the Loan. The Organizer, evidence must be provided to the Organizer regarding the specified circumstances.
8.10 Amounts transferred by the Recipient of the Loan shall be aware primarily intended to pay the Contract fee, and only then the Monthly administration fee, the Interest, and the amount of the moment Loan repayment, i.e. if the Contract fee has not been paid, the order and manner indicated in paragraph 8.11 of disbursement this Agreement shall not apply.
8.11 The amounts transferred by the Recipient of the Credit shall be allocated in the following order: first - Monthly administration fee; second – the Interest, and third - the loan repayment amount.
8.12 If a third party attempts to pay for the Recipient of the Loan, i.e. after disbursement the Organizer will not be able to identify the Recipient of the fundsLoan properly, and the Recipient of the Loan shall be considered as having failed to fulfil his/her obligations properly and shall have to pay interest and other fees for missing the period of fulfilment of his/her monetary liabilities for a respective period of time.
8.13 The Recipient of the Loan may not assign his/her obligations to any third party without the consent of the Organizer.
8.14 In the event of the death of the Recipient of the Loan, the right of claim shall automatically pass to the Organizer as soon as the Organizer becomes aware thereof.
8.15 Upon repayment of the credit, the Recipient of the Loan shall apply to the Organizer for the overpayment within 180 days from the date of credit repayment. If the Recipient of the Loan misses the specified term, the Account administration fee of 0.5 EUR/month can be notified by eapplied. 9 AMENDMENT (EXTENSION) OF THE TERM OF THE CONSUMER CREDIT AGREEMENT
9.1 The Organizer shall have the right to initiate an extension of the Consumer Credit Agreement according to a free-mailform request of the Recipient of the Credit submitted in writing on paper or another durable medium if at least one of the following circumstances exists:
9.1.1 failure to fulfil his/her obligations under a consumer credit agreement;
9.1.2 the Recipient of the Credit becomes unemployed;
9.1.3 the Recipient of the Credit is recognized as being incapable of work or partially incapable of work, as laid down in the Law on the Social Integration of the Disabled of the Republic of Lithuania;
9.1.4 or there are any other significant circumstances to make such a decision.
9.2 The extension of the term of the Consumer Credit Agreement shall not be possible in cases where on the date of submission of the request, the Recipient of the Loan meets at least one of the following criteria:
9.2.1 delays to pay more than two instalments;
9.2.2 in the event of pre-trial debt recovery;
9.2.3 in the event of judicial debt recovery.
9.3 The Organizer shall have the right to refuse to extend the term of the Consumer Credit Agreement and shall not be obliged to comment this refusal.
9.4 After the extension of the term of the Consumer Credit Agreement, Consumer Credit Payments shall be recalculated and the payment schedule shall be updated.
9.5 The term for which the repayment of the Consumer Credit may be extended, may not be longer than 24 months from the date of the expiry of the original Consumer Credit Agreement, without changing the amount and interest of the Consumer Credit.
9.6 When the term of the Agreement is changed, the Recipient of the Consumer Credit undertakes not to undertake any additional financial obligations. The obligations of the Recipient of the Consumer Credit shall remain the same as in the personal credit report of Creditinfo Lietuva, UAB at the time of submission the application.
Appears in 2 contracts
Samples: Website Use Agreement, Website Use Agreement
PAYMENTS UNDER THE LOAN AGREEMENT. 10.1 9.1. The Recipient of the Loan Borrower shall pay the amount of the LoanLoan Amount, the Interest and other fees under according to the approved Loan repayment schedule and Service Rates.
9.2. The Interest on the Loan Amount shall be calculated from and including the date of disbursement of the Loan Agreement.
10.2 The Interest shall be calculated on Amount to the amount Borrower's Paysera Account or to such other account (or accounts) as notified by the Borrower to the Operator in writing prior to the disbursement of the Loan from the day (inclusive) when the Loan is transferred to the Recipient of the Loan (or to other entities than the recipient of the Loan)Amount.
10.3 9.3. The amount payable by the Recipient Borrower shall comprise the following: the Loan Amount to be repaid to the Investors, Interest, penalty charges and other payments openly published on the Platform.
9.4. The Borrower shall repay the Loan Amount and pay Interest according to the Loan repayment schedule. All the payments under the Loan Agreement shall be made by the Borrower itself.
9.5. Regardless of the Loan shall consist requirement for the Borrower to make all the current payments by itself, the Borrower hereby grants the Operator the right and authorisation, if necessary, to give instructions (on behalf of the amount Borrower) to Paysera LT, UAB to transfer (debit) all the payments (amounts due) to the Lenders from the Borrower’s Paysera Account to the Lenders’ Paysera Accounts and/or transfer (debit) the Operator’s fee and/or other payments (amounts) to the Operator from the Borrower’s Paysera Account. If it is necessary to take actions described in this paragraph, the Borrower undertakes to issue a separate document acceptable to Paysera LT, UAB. For the avoidance of any doubts, the possibility to give instructions (on behalf of the Loan payable tothe LendersBorrower) to Paysera LT, UAB is the InterestOperator’s right (but not the obligation), late payment fees and that does not imply that the amount of Borrower is not obligated to make the Loan, current payments in due time and manner itself (independently).
9.6. If the Interest funds intended for the Investor or Borrower are transferred to a different account (when the Organizer has provided at least part of the Loan amounti.e. not to Paysera Account), the Administration fee, Contract fee, late payment fee payable funds transferred may be subject to the Organizerservice charges set by Paysera. Such charges may be deducted from the amount transferred to the Investor or Borrower.
10.4 9.7. The Recipient of the Loan shall repay the loan of the Loan and pay the Interest, the Contract Fee and the Monthly Administration Fee and Borrower undertakes to make other payments each payment when due (in accordance with the Loan repayment scheduleRepayment Schedule) and not later than by 5 p.m. on the specified due date (so that the Operator could process the received payment and divide it among the Lenders).
9.8. If the Borrower does not pay the amounts payable by the Borrower in due time and manner, this shall mean that the Borrower missed the payment term, in which case the Borrower shall be obliged to pay the penalty charges and/or other fees as set forth in the present Agreement, Service Rates, Loan Agreement or other concluded agreements. The Loan repayment schedule Operator shall not undertake and shall not be provided obligated (and will only have the right) to debit the Recipient amounts payable by the Borrower from the Borrower’s Paysera Account (as described in paragraph 8.5 of this Agreement), and failure or any delay to exercise this right of the Loan in a durable medium and additionally uploaded in Operator shall not release the unique account Borrower from payment of the Recipient accrued compensatory interest and/or other amounts related to defective performance of the Loanobligation.
10.5 9.9. The Interest income earned by the Lenders Investors by lending the funds via the Website Platform shall be taxable taxed and declared according to in accordance with the legislation of procedure set forth in the place of residence of the Lenderlegal acts. The Organizer Operator shall not and may not be held liable for proper execution adequate performance of the liabilities obligations related to taxation of income.
10.6 9.10. The Recipient Borrower shall have the right to repay the outstanding Loan Amount and Interest under the conditions and in the procedure set forth in the General Terms after advance notification to the Operator and upon receipt of the Loan, under the Consumer Agreement, must first pay the Contract Fee the due date of which shall be 5 calendar days from the date of transfer confirmation of the amount of the Loanpayable.
9.11. If the date of receipt third parties attempt to make payments instead of the amount Borrower and the Operator is unable to properly identify these third parties, it shall be considered that the Borrower has failed to fulfil its duties and shall be obliged to pay Interest for the corresponding period and other charges for the delayed performance of financial obligations.
9.12. The Borrower may not assign its obligations to the third party without the prior written consent of the Operator.
9.13. The Operator acting as an authorised representative of the Investor/s shall have the right to unilaterally and immediately terminate the Loan Agreement and demand payment of the full Loan Amount, Interest and other delayed payments (fine and compensatory interest) indicated in the Loan Agreement and payable on the grounds set out in the legal acts, as well as fees and charges calculated based on the Service Rates, and demand compensation for sustained direct and indirect damages. In cases where the Borrower declares refusal to perform the obligations or maliciously avoids payments, and in cases where the conduct of the Borrower demonstrates any signs of deceit or fraud, the Operator may state a gross violation of the Loan is later than Agreement on the date part of the transfer, Borrower (material breach). The Operator shall send the Recipient notification by e-mail and/or registered mail and/or messenger services to the Borrower to the e-mail address and/or head office address of the Borrower indicated in the Special Terms and Conditions of the Loan shall pay Agreement regarding (i) the Contract Fee from the date of receipt of the amount of the Loan. The Recipient delayed payment, and (ii) termination of the Loan Agreement. The notification shall be aware considered to have been delivered in 24 (twenty-four) hours of the moment of disbursement of the Loan, i.e. after disbursement of the funds, the Recipient of the Loan shall be notified its dispatch (if sent by e-mail) or on the third business day of dispatch (if sent by registered mail or messenger services).
Appears in 2 contracts
Samples: Agreement on the Use of the Nordstreet Platform, Agreement on the Use of the Nordstreet Platform
PAYMENTS UNDER THE LOAN AGREEMENT. 10.1 8.1. The Recipient of the Loan Borrower shall pay the amount of the LoanLoan Amount, the Interest and other fees under according to the approved Loan repayment schedule and Service Rates.
8.2. The Interest on the Loan Amount shall be calculated from and including the date of disbursement of the Loan Agreement.
10.2 The Interest shall be calculated on Amount to the amount Borrower's Paysera Account or to such other account (or accounts) as notified by the Borrower to the Operator in writing prior to the disbursement of the Loan from the day (inclusive) when the Loan is transferred to the Recipient of the Loan (or to other entities than the recipient of the Loan)Amount.
10.3 8.3. The amount payable by the Recipient Borrower shall comprise the following: the Loan Amount to be repaid to the Investors, Interest, penalty charges and other payments openly published on the Platform.
8.4. The Borrower shall repay the Loan Amount and pay Interest according to the Loan repayment schedule. All the payments under the Loan Agreement shall be made by the Borrower itself.
8.5. Regardless of the Loan shall consist requirement for the Borrower to make all the current payments by itself, the Borrower hereby grants the Operator the right and authorisation, if necessary, to give instructions (on behalf of the amount Borrower) to Paysera LT, UAB to transfer (debit) all the payments (amounts due) to the Lenders from the Borrower’s Paysera Account to the Lenders’ Paysera Accounts and/or transfer (debit) the Operator’s fee and/or other payments (amounts) to the Operator from the Borrower’s Paysera Account. If it is necessary to take actions described in this paragraph, the Borrower undertakes to issue a separate document acceptable to Paysera LT, UAB. For the avoidance of any doubts, the possibility to give instructions (on behalf of the Loan payable tothe LendersBorrower) to Paysera LT, UAB is the InterestOperator’s right (but not the obligation), late payment fees and that does not imply that the amount of Borrower is not obligated to make the Loan, current payments in due time and manner itself (independently).
8.6. If the Interest funds intended for the Investor or Borrower are transferred to a different account (when the Organizer has provided at least part of the Loan amounti.e. not to Paysera Account), the Administration fee, Contract fee, late payment fee payable funds transferred may be subject to the Organizerservice charges set by Paysera. Such charges may be deducted from the amount transferred to the Investor or Borrower.
10.4 8.7. The Recipient of the Loan shall repay the loan of the Loan and pay the Interest, the Contract Fee and the Monthly Administration Fee and Borrower undertakes to make other payments each payment when due (in accordance with the Loan repayment scheduleRepayment Schedule) and not later than by 5 p.m. on the specified due date (so that the Operator could process the received payment and divide it among the Lenders).
8.8. If the Borrower does not pay the amounts payable by the Borrower in due time and manner, this shall mean that the Borrower missed the payment term, in which case the Borrower shall be obliged to pay the penalty charges and/or other fees as set forth in the present Agreement, Service Rates, Loan Agreement or other concluded agreements. The Loan repayment schedule Operator shall not undertake and shall not be provided obligated (and will only have the right) to debit the Recipient amounts payable by the Borrower from the Borrower’s Paysera Account (as described in paragraph 8.5 of this Agreement), and failure or any delay to exercise this right of the Loan in a durable medium and additionally uploaded in Operator shall not release the unique account Borrower from payment of the Recipient accrued default interest and/or other amounts related to defective performance of the Loanobligation.
10.5 8.9. The Interest income earned by the Lenders Investors by lending the funds via the Website Platform shall be taxable taxed and declared according to in accordance with the legislation of procedure set forth in the place of residence of the Lenderlegal acts. The Organizer Operator shall not and may not be held liable for proper execution adequate performance of the liabilities obligations related to taxation of income.
10.6 8.10. The Recipient Borrower shall have the right to repay the outstanding Loan Amount and Interest under the conditions and in the procedure set forth in the General Terms after advance notification to the Operator and upon receipt of the Loan, under the Consumer Agreement, must first pay the Contract Fee the due date of which shall be 5 calendar days from the date of transfer confirmation of the amount of the Loanpayable.
8.11. If the date of receipt third parties attempt to make payments instead of the amount Borrower and the Operator is unable to properly identify these third parties, it shall be considered that the Borrower has failed to fulfil its duties and shall be obliged to pay Interest for the corresponding period and other charges for the delayed performance of financial obligations.
8.12. The Borrower may not assign its obligations to the third party without the prior written consent of the Operator.
8.13. The Operator acting as an authorised representative of the Investor/s shall have the right to unilaterally and immediately terminate the Loan Agreement and demand payment of the full Loan Amount, Interest and other delayed payments (fine and default interest) indicated in the Loan Agreement and payable on the grounds set out in the legal acts, as well as fees and charges calculated based on the Service Rates, and demand compensation for sustained direct and indirect damages. In cases where the Borrower declares refusal to perform the obligations or maliciously avoids payments, and in cases where the conduct of the Borrower demonstrates any signs of deceit or fraud, the Operator may state a gross violation of the Loan is later than Agreement on the date part of the transfer, Borrower (material breach). The Operator shall send the Recipient notification by e-mail and/or registered mail and/or messenger services to the Borrower to the e-mail address and/or head office address of the Borrower indicated in the Special Terms and Conditions of the Loan shall pay Agreement regarding (i) the Contract Fee from the date of receipt of the amount of the Loan. The Recipient of the Loan shall be aware of the moment of disbursement of the Loandelayed payment, i.e. after disbursement of the funds, the Recipient of the Loan shall be notified by e-mail.and
Appears in 1 contract
PAYMENTS UNDER THE LOAN AGREEMENT. 10.1 8.1 The Recipient of the Loan shall pay the amount of the Loan, the Interest and other fees under the approved schedule of the Loan Agreement.
10.2 8.2 The Interest shall be calculated on the amount of the Loan from the day (inclusive) when the Loan is transferred to the Recipient of the Loan (or to other entities than the recipient of the Loan).
10.3 8.3 The amount payable by the Recipient of the Loan shall consist of the amount of the Loan payable tothe to the Lenders, the Interest, late payment fees fines and the amount of the Loan, the Interest (when the Organizer has provided at least part of the Loan amount), the Administration fee, Contract fee, late payment fee payable to the Organizer, and other payments, which shall be published on the Website.
10.4 8.4 The Recipient of the Loan shall repay the loan amount of the Loan and pay the InterestInterest following the schedule of repayment of the Loan established in the Special Terms and Conditions under the instructions presented in the payment order by the Organizer. If the information contained in the payment order is different from the schedule of the Loan Agreement uploaded to the Consumer’s unique account, the Contract Fee and Consumer must make the Monthly Administration Fee and make other payments in accordance with following the Loan schedule of repayment scheduleof the Loan. The Loan repayment schedule shall be provided to the Recipient of the Loan in a durable medium shall pay at the same time the Interest, the Administration fee and additionally uploaded in the unique account of the Recipient of the Loanother payments.
10.5 8.5 The Interest income earned by the Lenders by lending funds via the Website shall be taxable and declared according to the legislation of the place of residence of the Lender. The Organizer shall not and may not be liable for proper execution of the liabilities related to taxation of income.
10.6 8.6 The Recipient of the LoanLoan shall have the right to repay part or all of the Consumer Credit earlier than the term provided for in the Agreement and exercise the right to a reduction of the total cost of the consumer credit if the following conditions are met:
8.6.1 in order to repay the Consumer Credit earlier, the Recipient of the Credit must notify the Organizer at least 5 (five) calendar days prior to the expected date of return by means of a notice on a durable medium;
8.6.2 the Organizer declares that it will not require any compensation from the Recipient of the Credit for early repayment unless the repayable consumer credit or part thereof exceeds EUR 2320 in any twelve- month period. If the consumer credit or part thereof, which is repaid earlier than the specified term, exceeds EUR 2320 in any twelve-month period, the Organizer shall have the right to request the Recipient of the Credit to pay compensation equal to 0.5 percent on the part of the Consumer Credit repaid earlier than the specified term, but not higher than the amount of Interest that the Recipient of the Credit would have paid if the Consumer Credit was repaid in due time specified in this Agreement;
8.6.3 upon repayment of all or part of the Consumer Credit earlier, the Recipient of the Credit shall be entitled to a reduction in the Total cost of the consumer credit that consists of Interest and expenses for the remaining period of the Consumer Credit Agreement calculated from the day of repayment of the Consumer Credit or part thereof;
8.6.4 in case the Recipient of the Credit requests for early repayment and recalculate the Interest, the Recipient of the Credit shall submit a separate request to the Organizer in order to recalculate other costs related to the Consumer Credit Agreement (Agreement and Monthly administration fee). Other costs shall be recalculated only upon receipt of such a request, and in the event of excess, it shall be credited to the account specified by the Recipient of the Credit;
8.6.5 when the Recipient of the Loan has an active loan that is refinanced by another credit or financial institution, in the case of early repayment, the repayable (refinanced) loan shall be first credited, and only then the money shall be credited according to another available active obligation(s). In such a case, the Agreement and Monthly administration fees payable to the Organizer shall be credited first.
8.7 When the Recipient of the Loan repays part of the Consumer Credit earlier than the term provided for in the Consumer Credit Agreement and exercises the right to a reduction of the Total costs of the consumer credit under the procedure provided for in paragraph 8.6, depending on the amount of the partial early repayment, the amount of the Monthly payment shall be reduced without changing the final repayment term of the Consumer Credit.
8.8 After the Recipient of the Credit has transferred the amount of the early repayment of the consumer credit, the Organizer shall have up to 15 calendar days to credit the money to the account.
8.9 The Recipient of the Credit, under the Consumer Credit Agreement, must first pay the Contract Fee fee the due date of which shall be 5 five calendar days from the date of transfer of the amount of the Loanconsumer credit amount. If the date of receipt of the consumer credit amount of the Loan is later than the date of the transfer, the Recipient of the Loan Credit shall pay the Contract Fee fee from the date day of receipt of the amount consumer credit amount. In this case, at the request of the Loan. The Organizer, evidence must be provided to the Organizer regarding the specified circumstances.
8.10 Amounts transferred by the Recipient of the Loan shall be aware primarily intended to pay the Contract fee, and only then the Monthly administration fee, the Interest, and the amount of the moment Loan repayment, i.e. if the Contract fee has not been paid, the order and manner indicated in paragraph 8.11 of disbursement this Agreement shall not apply.
8.11 The amounts transferred by the Recipient of the Credit shall be allocated in the following order: first - Monthly administration fee; second – the Interest, and third - the loan repayment amount.
8.12 If a third party attempts to pay for the Recipient of the Loan, i.e. after disbursement the Organizer will not be able to identify the Recipient of the fundsLoan properly, and the Recipient of the Loan shall be considered as having failed to fulfil his/her obligations properly and shall have to pay interest and other fees for missing the period of fulfilment of his/her monetary liabilities for a respective period of time.
8.13 The Recipient of the Loan may not assign his/her obligations to any third party without the consent of the Organizer.
8.14 In the event of the death of the Recipient of the Loan, the right of claim shall automatically pass to the Organizer as soon as the Organizer becomes aware thereof.
8.15 Upon repayment of the credit, the Recipient of the Loan shall apply to the Organizer for the overpayment within 180 days from the date of credit repayment. If the Recipient of the Loan misses the specified term, the Account administration fee of 0.5 EUR/month can be notified by eapplied. 9 AMENDMENT (EXTENSION) OF THE TERM OF THE CONSUMER CREDIT AGREEMENT
9.1 The Organizer shall have the right to initiate an extension of the Consumer Credit Agreement according to a free-mailform request of the Recipient of the Credit submitted in writing on paper or another durable medium if at least one of the following circumstances exists:
9.1.1 failure to fulfil his/her obligations under a consumer credit agreement;
9.1.2 the Recipient of the Credit becomes unemployed;
9.1.3 the Recipient of the Credit is recognized as being incapable of work or partially incapable of work, as laid down in the Law on the Social Integration of the Disabled of the Republic of Lithuania;
9.1.4 or there are any other significant circumstances to make such a decision.
9.2 The extension of the term of the Consumer Credit Agreement shall not be possible in cases where on the date of submission of the request, the Recipient of the Loan meets at least one of the following criteria:
9.2.1 delays to pay more than two instalments;
9.2.2 in the event of pre-trial debt recovery;
9.2.3 in the event of judicial debt recovery.
Appears in 1 contract
Samples: Website Use Agreement
PAYMENTS UNDER THE LOAN AGREEMENT. 10.1 8.1 The Recipient of the Loan shall pay the amount of the Loan, the Interest and other fees under the approved schedule of the Loan Agreement.
10.2 8.2 The Interest shall be calculated on the amount of the Loan from the day (inclusive) when the Loan is transferred to the Recipient of the Loan (or to other entities than the recipient of the Loan).
10.3 8.3 The amount payable by the Recipient of the Loan shall consist of the amount of the Loan payable tothe to the Lenders, the Interest, late payment fees fines and the amount of the Loan, the Interest (when the Organizer has provided at least part of the Loan amount), the Administration fee, Contract fee, late payment fee payable to the Organizer, and other payments, which shall be published on the Website.
10.4 8.4 The Recipient of the Loan shall repay the loan amount of the Loan and pay the InterestInterest following the schedule of repayment of the Loan established in the Special Terms and Conditions under the instructions presented in the payment order by the Organizer. If the information contained in the payment order is different from the schedule of the Loan Agreement uploaded to the Consumer‟s unique account, the Contract Fee and Consumer must make the Monthly Administration Fee and make other payments in accordance with following the Loan schedule of repayment scheduleof the Loan. The Loan repayment schedule shall be provided to the Recipient of the Loan in a durable medium shall pay at the same time the Interest, the Administration fee and additionally uploaded in the unique account of the Recipient of the Loanother payments.
10.5 8.5 The Interest income earned by the Lenders by lending funds via the Website shall be taxable and declared according to the legislation of the place of residence of the Lender. The Organizer shall not and may not be liable for proper execution of the liabilities related to taxation of income.
10.6 8.6 The Recipient of the LoanLoan shall have the right to repay part or all of the Consumer Credit earlier than the term provided for in the Agreement and exercise the right to a reduction of the total cost of the consumer credit if the following conditions are met:
8.6.1 in order to repay the Consumer Credit earlier, the Recipient of the Credit must notify the Organizer at least 5 (five) calendar days prior to the expected date of return by means of a notice on a durable medium;
8.6.2 the Organizer declares that it will not require any compensation from the Recipient of the Credit for early repayment unless the repayable consumer credit or part thereof exceeds EUR 2320 in any twelve- month period. If the consumer credit or part thereof, which is repaid earlier than the specified term, exceeds EUR 2320 in any twelve-month period, the Organizer shall have the right to request the Recipient of the Credit to pay compensation equal to 0.5 percent on the part of the Consumer Credit repaid earlier than the specified term, but not higher than the amount of Interest that the Recipient of the Credit would have paid if the Consumer Credit was repaid in due time specified in this Agreement;
8.6.3 upon repayment of all or part of the Consumer Credit earlier, the Recipient of the Credit shall be entitled to a reduction in the Total cost of the consumer credit that consists of Interest and expenses for the remaining period of the Consumer Credit Agreement calculated from the day of repayment of the Consumer Credit or part thereof;
8.6.4 in case the Recipient of the Credit requests for early repayment and recalculate the Interest, the Recipient of the Credit shall submit a separate request to the Organizer in order to recalculate other costs related to the Consumer Credit Agreement (Agreement and Monthly administration fee). Other costs shall be recalculated only upon receipt of such a request, and in the event of excess, it shall be credited to the account specified by the Recipient of the Credit;
8.6.5 when the Recipient of the Loan has an active loan that is refinanced by another credit or financial institution, in the case of early repayment, the repayable (refinanced) loan shall be first credited, and only then the money shall be credited according to another available active obligation(s). In such a case, the Agreement and Monthly administration fees payable to the Organizer shall be credited first.
8.7 When the Recipient of the Loan repays part of the Consumer Credit earlier than the term provided for in the Consumer Credit Agreement and exercises the right to a reduction of the Total costs of the consumer credit under the procedure provided for in paragraph 8.6, depending on the amount of the partial early repayment, the amount of the Monthly payment shall be reduced without changing the final repayment term of the Consumer Credit.
8.8 After the Recipient of the Credit has transferred the amount of the early repayment of the consumer credit, the Organizer shall have up to 15 calendar days to credit the money to the account.
8.9 The Recipient of the Credit, under the Consumer Credit Agreement, must first pay the Contract Fee fee the due date of which shall be 5 five calendar days from the date of transfer of the amount of the Loanconsumer credit amount. If the date of receipt of the consumer credit amount of the Loan is later than the date of the transfer, the Recipient of the Loan Credit shall pay the Contract Fee fee from the date day of receipt of the amount consumer credit amount. In this case, at the request of the Loan. The Organizer, evidence must be provided to the Organizer regarding the specified circumstances.
8.10 Amounts transferred by the Recipient of the Loan shall be aware primarily intended to pay the Contract fee, and only then the Monthly administration fee, the Interest, and the amount of the moment Loan repayment, i.e. if the Contract fee has not been paid, the order and manner indicated in paragraph 8.11 of disbursement this Agreement shall not apply.
8.11 The amounts transferred by the Recipient of the Credit shall be allocated in the following order: first - Monthly administration fee; second – the Interest, and third - the loan repayment amount.
8.12 If a third party attempts to pay for the Recipient of the Loan, i.e. after disbursement the Organizer will not be able to identify the Recipient of the fundsLoan properly, and the Recipient of the Loan shall be considered as having failed to fulfil his/her obligations properly and shall have to pay interest and other fees for missing the period of fulfilment of his/her monetary liabilities for a respective period of time.
8.13 The Recipient of the Loan may not assign his/her obligations to any third party without the consent of the Organizer.
8.14 In the event of the death of the Recipient of the Loan, the right of claim shall automatically pass to the Organizer as soon as the Organizer becomes aware thereof.
8.15 Upon repayment of the credit, the Recipient of the Loan shall apply to the Organizer for the overpayment within 180 days from the date of credit repayment. If the Recipient of the Loan misses the specified term, the Account administration fee of 0.5 EUR/month can be notified by eapplied. 9 AMENDMENT (EXTENSION) OF THE TERM OF THE CONSUMER CREDIT AGREEMENT
9.1 The Organizer shall have the right to initiate an extension of the Consumer Credit Agreement according to a free-mailform request of the Recipient of the Credit submitted in writing on paper or another durable medium if at least one of the following circumstances exists:
9.1.1 failure to fulfil his/her obligations under a consumer credit agreement;
9.1.2 the Recipient of the Credit becomes unemployed;
9.1.3 the Recipient of the Credit is recognized as being incapable of work or partially incapable of work, as laid down in the Law on the Social Integration of the Disabled of the Republic of Lithuania;
9.1.4 or there are any other significant circumstances to make such a decision.
9.2 The extension of the term of the Consumer Credit Agreement shall not be possible in cases where on the date of submission of the request, the Recipient of the Loan meets at least one of the following criteria:
9.2.1 delays to pay more than two instalments;
9.2.2 in the event of pre-trial debt recovery;
9.2.3 in the event of judicial debt recovery.
9.3 The Organizer shall have the right to refuse to extend the term of the Consumer Credit Agreement and shall not be obliged to comment this refusal.
9.4 After the extension of the term of the Consumer Credit Agreement, Consumer Credit Payments shall be recalculated and the payment schedule shall be updated.
9.5 The term for which the repayment of the Consumer Credit may be extended, may not be longer than 24 months from the date of the expiry of the original Consumer Credit Agreement, without changing the amount and interest of the Consumer Credit.
9.6 When the term of the Agreement is changed, the Recipient of the Consumer Credit undertakes not to undertake any additional financial obligations. The obligations of the Recipient of the Consumer Credit shall remain the same as in the personal credit report of Creditinfo Lietuva, UAB at the time of submission the application.
Appears in 1 contract
Samples: Website Use Agreement
PAYMENTS UNDER THE LOAN AGREEMENT. 10.1 8.1. The Recipient of the Loan Borrower shall pay the amount of the LoanLoan Amount, the Interest and other fees under according to the approved Loan repayment schedule and Service Rates.
8.2. The Interest on the Loan Amount shall be calculated from and including the date of disbursement of the Loan Agreement.
10.2 The Interest shall be calculated on Amount to the amount Borrower's Paysera Account or to such other account (or accounts) as notified by the Borrower to the Operator in writing prior to the disbursement of the Loan from the day (inclusive) when the Loan is transferred to the Recipient of the Loan (or to other entities than the recipient of the Loan)Amount.
10.3 8.3. The amount payable by the Recipient Borrower shall comprise the following: the Loan Amount to be repaid to the Investors, Interest, penalty charges and other payments openly published on the Platform.
8.4. The Borrower shall repay the Loan Amount and pay Interest according to the Loan repayment schedule. All the payments under the Loan Agreement shall be made by the Borrower itself.
8.5. Regardless of the Loan shall consist requirement for the Borrower to make all the current payments by itself, the Borrower hereby grants the Operator the right and authorisation, if necessary, to give instructions (on behalf of the amount Borrower) to Paysera LT, UAB to transfer (debit) all the payments (amounts due) to the Lenders from the Borrower’s Paysera Account to the Lenders’ Paysera Accounts and/or transfer (debit) the Operator’s fee and/or other payments (amounts) to the Operator from the Borrower’s Paysera Account. If it is necessary to take actions described in this paragraph, the Borrower undertakes to issue a separate document acceptable to Paysera LT, UAB. For the avoidance of any doubts, the possibility to give instructions (on behalf of the Loan payable tothe LendersBorrower) to Paysera LT, UAB is the InterestOperator’s right (but not the obligation), late payment fees and that does not imply that the amount of Borrower is not obligated to make the Loan, current payments in due time and manner itself (independently).
8.6. If the Interest funds intended for the Investor or Borrower are transferred to a different account (when the Organizer has provided at least part of the Loan amounti.e. not to Paysera Account), the Administration fee, Contract fee, late payment fee payable funds transferred may be subject to the Organizerservice charges set by Paysera. Such charges may be deducted from the amount transferred to the Investor or Borrower.
10.4 8.7. The Recipient of the Loan shall repay the loan of the Loan and pay the Interest, the Contract Fee and the Monthly Administration Fee and Borrower undertakes to make other payments each payment when due (in accordance with the Loan repayment scheduleRepayment Schedule) and not later than by 5 p.m. on the specified due date (so that the Operator could process the received payment and divide it among the Lenders).
8.8. If the Borrower does not pay the amounts payable by the Borrower in due time and manner, this shall mean that the Borrower missed the payment term, in which case the Borrower shall be obliged to pay the penalty charges and/or other fees as set forth in the present Agreement, Service Rates, Loan Agreement or other concluded agreements. The Loan repayment schedule Operator shall not undertake and shall not be provided obligated (and will only have the right) to debit the Recipient amounts payable by the Borrower from the Borrower’s Paysera Account (as described in paragraph 8.5 of this Agreement), and failure or any delay to exercise this right of the Loan in a durable medium and additionally uploaded in Operator shall not release the unique account Borrower from payment of the Recipient accrued default interest and/or other amounts related to defective performance of the Loanobligation.
10.5 8.9. The Interest income earned by the Lenders Investors by lending the funds via the Website Platform shall be taxable taxed and declared according to in accordance with the legislation of procedure set forth in the place of residence of the Lenderlegal acts. The Organizer Operator shall not and may not be held liable for proper execution adequate performance of the liabilities obligations related to taxation of income.
10.6 8.10. The Recipient Borrower shall have the right to repay the outstanding Loan Amount and Interest under the conditions and in the procedure set forth in the General Terms after advance notification to the Operator and upon receipt of the Loan, under the Consumer Agreement, must first pay the Contract Fee the due date of which shall be 5 calendar days from the date of transfer confirmation of the amount of the Loanpayable.
8.11. If the date of receipt third parties attempt to make payments instead of the amount Borrower and the Operator is unable to properly identify these third parties, it shall be considered that the Borrower has failed to fulfil its duties and shall be obliged to pay Interest for the corresponding period and other charges for the delayed performance of financial obligations.
8.12. The Borrower may not assign its obligations to the third party without the prior written consent of the Operator.
8.13. The Operator acting as an authorised representative of the Investor/s shall have the right to unilaterally and immediately terminate the Loan Agreement and demand payment of the full Loan Amount, Interest and other delayed payments (fine and default interest) indicated in the Loan Agreement and payable on the grounds set out in the legal acts, as well as fees and charges calculated based on the Service Rates, and demand compensation for sustained direct and indirect damages. In cases where the Borrower declares refusal to perform the obligations or maliciously avoids payments, and in cases where the conduct of the Borrower demonstrates any signs of deceit or fraud, the Operator may state a gross violation of the Loan is later than Agreement on the date part of the transfer, Borrower (material breach). The Operator shall send the Recipient notification by e-mail and/or registered mail and/or messenger services to the Borrower to the e-mail address and/or head office address of the Borrower indicated in the Special Terms and Conditions of the Loan shall pay Agreement regarding
(i) the Contract Fee from the date of receipt of the amount of the Loan. The Recipient delayed payment, and (ii) termination of the Loan Agreement. The notification shall be aware considered to have been delivered in 24 (twenty-four) hours of the moment of disbursement of the Loan, i.e. after disbursement of the funds, the Recipient of the Loan shall be notified its dispatch (if sent by e-mail) or on the third business day of dispatch (if sent by registered mail or messenger services).
Appears in 1 contract
PAYMENTS UNDER THE LOAN AGREEMENT. 10.1 8.1 The Recipient of the Loan shall pay the amount of the Loan, the Interest and other fees under the approved schedule of the Loan Agreement.
10.2 8.2 The Interest shall be calculated on the amount of the Loan from the day (inclusive) when the Loan is transferred to the Recipient of the Loan (or to other entities than the recipient of the Loan).
10.3 8.3 The amount payable by the Recipient of the Loan shall consist of the amount of the Loan payable tothe to the Lenders, the Interest, late payment fees fines and the amount of the Loan, the Interest (when the Organizer has provided at least part of the Loan amount), the Administration fee, Contract fee, late payment fee payable to the Organizer, and other payments, which shall be published on the Website.
10.4 8.4 The Recipient of the Loan shall repay the loan amount of the Loan and pay the InterestInterest following the schedule of repayment of the Loan established in the Special Terms and Conditions under the instructions presented in the payment order by the Organizer. If the information contained in the payment order is different from the schedule of the Loan Agreement uploaded to the Consumer’s unique account, the Contract Fee and Consumer must make the Monthly Administration Fee and make other payments in accordance with following the Loan schedule of repayment scheduleof the Loan. The Loan repayment schedule shall be provided to the Recipient of the Loan in a durable medium shall pay at the same time the Interest, the Administration fee and additionally uploaded in the unique account of the Recipient of the Loanother payments.
10.5 8.5 The Interest income earned by the Lenders by lending funds via the Website shall be taxable and declared according to the legislation of the place of residence of the Lender. The Organizer shall not and may not be liable for proper execution of the liabilities related to taxation of income.
10.6 8.6 The Recipient of the LoanLoan shall have the right to repay part or all of the Consumer Credit earlier than the term provided for in the Agreement and exercise the right to a reduction of the total cost of the consumer credit if the following conditions are met:
8.6.1 in order to repay the Consumer Credit earlier, the Recipient of the Credit must notify the Organizer at least 5 (five) calendar days prior to the expected date of return by means of a notice on a durable medium;
8.6.2 the Organizer declares that it will not require any compensation from the Recipient of the Credit for early repayment unless the repayable consumer credit or part thereof exceeds EUR 2320 in any twelve- month period. If the consumer credit or part thereof, which is repaid earlier than the specified term, exceeds EUR 2320 in any twelve-month period, the Organizer shall have the right to request the Recipient of the Credit to pay compensation equal to 0.5 percent on the part of the Consumer Credit repaid earlier than the specified term, but not higher than the amount of Interest that the Recipient of the Credit would have paid if the Consumer Credit was repaid in due time specified in this Agreement;
8.6.3 upon repayment of all or part of the Consumer Credit earlier, the Recipient of the Credit shall be entitled to a reduction in the Total cost of the consumer credit that consists of Interest and expenses for the remaining period of the Consumer Credit Agreement calculated from the day of repayment of the Consumer Credit or part thereof;
8.6.4 in case the Recipient of the Credit requests for early repayment and recalculate the Interest, the Recipient of the Credit shall submit a separate request to the Organizer in order to recalculate other costs related to the Consumer Credit Agreement (Agreement and Monthly administration fee). Other costs shall be recalculated only upon receipt of such a request, and in the event of excess, it shall be credited to the account specified by the Recipient of the Credit;
8.6.5 when the Recipient of the Loan has an active loan that is refinanced by another credit or financial institution, in the case of early repayment, the repayable (refinanced) loan shall be first credited, and only then the money shall be credited according to another available active obligation(s). In such a case, the Agreement and Monthly administration fees payable to the Organizer shall be credited first.
8.7 When the Recipient of the Loan repays part of the Consumer Credit earlier than the term provided for in the Consumer Credit Agreement and exercises the right to a reduction of the Total costs of the consumer credit under the procedure provided for in paragraph 8.6, depending on the amount of the partial early repayment, the amount of the Monthly payment shall be reduced without changing the final repayment term of the Consumer Credit.
8.8 After the Recipient of the Credit has transferred the amount of the early repayment of the consumer credit, the Organizer shall have up to 15 calendar days to credit the money to the account.
8.9 The Recipient of the Credit, under the Consumer Credit Agreement, must first pay the Contract Fee fee the due date of which shall be 5 five calendar days from the date of transfer of the amount of the Loanconsumer credit amount. If the date of receipt of the consumer credit amount of the Loan is later than the date of the transfer, the Recipient of the Loan Credit shall pay the Contract Fee fee from the date day of receipt of the amount consumer credit amount. In this case, at the request of the Loan. The Organizer, evidence must be provided to the Organizer regarding the specified circumstances.
8.10 Amounts transferred by the Recipient of the Loan shall be aware primarily intended to pay the Contract fee, and only then the Monthly administration fee, the Interest, and the amount of the moment Loan repayment,
i.e. if the Contract fee has not been paid, the order and manner indicated in paragraph 8.11 of disbursement this Agreement shall not apply.
8.11 The amounts transferred by the Recipient of the Credit shall be allocated in the following order: first - Monthly administration fee; second – the Interest, and third - the loan repayment amount.
8.12 If a third party attempts to pay for the Recipient of the Loan, i.e. after disbursement the Organizer will not be able to identify the Recipient of the fundsLoan properly, and the Recipient of the Loan shall be considered as having failed to fulfil his/her obligations properly and shall have to pay interest and other fees for missing the period of fulfilment of his/her monetary liabilities for a respective period of time.
8.13 The Recipient of the Loan may not assign his/her obligations to any third party without the consent of the Organizer.
8.14 In the event of the death of the Recipient of the Loan, the right of claim shall automatically pass to the Organizer as soon as the Organizer becomes aware thereof.
8.15 Upon repayment of the credit, the Recipient of the Loan shall apply to the Organizer for the overpayment within 180 days from the date of credit repayment. If the Recipient of the Loan misses the specified term, the Account administration fee of 0.5 EUR/month can be notified by eapplied. 9 AMENDMENT (EXTENSION) OF THE TERM OF THE CONSUMER CREDIT AGREEMENT
9.1 The Organizer shall have the right to initiate an extension of the Consumer Credit Agreement according to a free-mailform request of the Recipient of the Credit submitted in writing on paper or another durable medium if at least one of the following circumstances exists:
9.1.1 failure to fulfil his/her obligations under a consumer credit agreement;
9.1.2 the Recipient of the Credit becomes unemployed;
9.1.3 the Recipient of the Credit is recognized as being incapable of work or partially incapable of work, as laid down in the Law on the Social Integration of the Disabled of the Republic of Lithuania;
9.1.4 or there are any other significant circumstances to make such a decision.
9.2 The extension of the term of the Consumer Credit Agreement shall not be possible in cases where on the date of submission of the request, the Recipient of the Loan meets at least one of the following criteria:
9.2.1 delays to pay more than two instalments;
9.2.2 in the event of pre-trial debt recovery;
9.2.3 in the event of judicial debt recovery.
Appears in 1 contract
Samples: Website Use Agreement
PAYMENTS UNDER THE LOAN AGREEMENT. 10.1 9.1. The Recipient of the Loan Borrower shall pay the amount of the LoanLoan Amount, the Interest and other fees under according to the approved Loan repayment schedule and Service Rates.
9.2. The Interest on the Loan Amount shall be calculated from and including the date of disbursement of the Loan Agreement.
10.2 The Interest shall be calculated on Amount to the amount Borrower's Paysera Account or to such other account (or accounts) as notified by the Borrower to the Operator in writing prior to the disbursement of the Loan from the day (inclusive) when the Loan is transferred to the Recipient of the Loan (or to other entities than the recipient of the Loan)Amount.
10.3 9.3. The amount payable by the Recipient Borrower shall comprise the following: the Loan Amount to be repaid to the Investors, Interest, penalty charges and other payments openly published on the Platform.
9.4. The Borrower shall repay the Loan Amount and pay Interest according to the Loan repayment schedule. All the payments under the Loan Agreement shall be made by the Borrower itself.
9.5. Regardless of the Loan shall consist requirement for the Borrower to make all the current payments by itself, the Borrower hereby grants the Operator the right and authorisation, if necessary, to give instructions (on behalf of the amount Borrower) to Paysera LT, UAB to transfer (debit) all the payments (amounts due) to the Lenders from the Borrower’s Paysera Account to the Lenders’ Paysera Accounts and/or transfer (debit) the Operator’s fee and/or other payments (amounts) to the Operator from the Borrower’s Paysera Account. If it is necessary to take actions described in this paragraph, the Borrower undertakes to issue a separate document acceptable to Paysera LT, UAB. For the avoidance of any doubts, the possibility to give instructions (on behalf of the Loan payable tothe LendersBorrower) to Paysera LT, UAB is the InterestOperator’s right (but not the obligation), late payment fees and that does not imply that the amount of Borrower is not obligated to make the Loan, current payments in due time and manner itself (independently).
9.6. If the Interest funds intended for the Investor or Borrower are transferred to a different account (when the Organizer has provided at least part of the Loan amounti.e. not to Paysera Account), the Administration fee, Contract fee, late payment fee payable funds transferred may be subject to the Organizerservice charges set by Paysera. Such charges may be deducted from the amount transferred to the Investor or Borrower.
10.4 9.7. The Recipient of the Loan shall repay the loan of the Loan and pay the Interest, the Contract Fee and the Monthly Administration Fee and Borrower undertakes to make other payments each payment when due (in accordance with the Loan repayment scheduleRepayment Schedule) and not later than by 5 p.m. on the specified due date (so that the Operator could process the received payment and divide it among the Lenders).
9.8. If the Borrower does not pay the amounts payable by the Borrower in due time and manner, this shall mean that the Borrower missed the payment term, in which case the Borrower shall be obliged to pay the penalty charges and/or other fees as set forth in the present Agreement, Service Rates, Loan Agreement or other concluded agreements. The Loan repayment schedule Operator shall not undertake and shall not be provided obligated (and will only have the right) to debit the Recipient amounts payable by the Borrower from the Borrower’s Paysera Account (as described in paragraph 8.5 of this Agreement), and failure or any delay to exercise this right of the Loan in a durable medium and additionally uploaded in Operator shall not release the unique account Borrower from payment of the Recipient accrued default interest and/or other amounts related to defective performance of the Loanobligation.
10.5 9.9. The Interest income earned by the Lenders Investors by lending the funds via the Website Platform shall be taxable taxed and declared according to in accordance with the legislation of procedure set forth in the place of residence of the Lenderlegal acts. The Organizer Operator shall not and may not be held liable for proper execution adequate performance of the liabilities obligations related to taxation of income.
10.6 9.10. The Recipient Borrower shall have the right to repay the outstanding Loan Amount and Interest under the conditions and in the procedure set forth in the General Terms after advance notification to the Operator and upon receipt of the Loan, under the Consumer Agreement, must first pay the Contract Fee the due date of which shall be 5 calendar days from the date of transfer confirmation of the amount of the Loanpayable.
9.11. If the date of receipt third parties attempt to make payments instead of the amount Borrower and the Operator is unable to properly identify these third parties, it shall be considered that the Borrower has failed to fulfil its duties and shall be obliged to pay Interest for the corresponding period and other charges for the delayed performance of financial obligations.
9.12. The Borrower may not assign its obligations to the third party without the prior written consent of the Operator.
9.13. The Operator acting as an authorised representative of the Investor/s shall have the right to unilaterally and immediately terminate the Loan Agreement and demand payment of the full Loan Amount, Interest and other delayed payments (fine and default interest) indicated in the Loan Agreement and payable on the grounds set out in the legal acts, as well as fees and charges calculated based on the Service Rates, and demand compensation for sustained direct and indirect damages. In cases where the Borrower declares refusal to perform the obligations or maliciously avoids payments, and in cases where the conduct of the Borrower demonstrates any signs of deceit or fraud, the Operator may state a gross violation of the Loan is later than Agreement on the date part of the transfer, Borrower (material breach). The Operator shall send the Recipient notification by e-mail and/or registered mail and/or messenger services to the Borrower to the e-mail address and/or head office address of the Borrower indicated in the Special Terms and Conditions of the Loan shall pay Agreement regarding (i) the Contract Fee from the date of receipt of the amount of the Loan. The Recipient delayed payment, and (ii) termination of the Loan Agreement. The notification shall be aware considered to have been delivered in 24 (twenty-four) hours of the moment of disbursement of the Loan, i.e. after disbursement of the funds, the Recipient of the Loan shall be notified its dispatch (if sent by e-mail) or on the third business day of dispatch (if sent by registered mail or messenger services).
Appears in 1 contract
