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Lusopay

Terms of membership

Conditions for using and joining the services.

lusopay service adhesion agreement

General terms (version 2025.10.11)

The following agreement is established between lusopay and the client:

Table of contents

  1. A. Definitions
  2. B. Information
  3. C. About the service
  4. D. Price
  5. E. Term of the contract
  6. F. About «cookies»
  7. G. Protection of personal data
  8. H. Liability
  9. I. Confidentiality
  10. J. Protection of funds
  11. K. Anti-money laundering and counter-terrorist financing
  12. L. Intellectual property
  13. M. Mobile applications
  14. N. Agents
  15. O. Preventive and remedial measures
  16. P. Exclusions
  17. Q. Disputes
  18. R. The parties

A. Definitions

For the purposes of this agreement, the definitions set out in article 2 of the Portuguese Legal Framework for Payment Services and Electronic Money (Decree-Law 91/2018) are considered fully reproduced and applicable.

B. Information

  1. The client declares that lusopay has provided all information (promotional, informative and contractual) about the payment service in Portuguese, on paper and/or in digital format, easy to read and understand, in a clear and intelligible manner, and that the client has raised no further doubts regarding the legal framework under which the contracted service will be provided.
  2. lusopay guarantees that it will never disclose the client's personal data to third parties, except in situations required by law, namely and by way of example, those set out in the law against money laundering and terrorist financing, as well as in situations specifically defined in these terms of adhesion, or if the transmission of information and personal data is requested by the client.
  3. The lusopay system may allow the client to search for public account identifiers on lusopay using an internal search engine of the lusopay system, in order to ensure that the payment is made to the payee and not to a third party. To ensure this purpose, when searching for and selecting the public account identifier in the search engine, the client's full name or company name may appear, which the client hereby authorises.
  4. The client may select, from all the personal data provided to lusopay, which data they wish to make public or private, except for the public account identifier, which, as its name indicates, is always public, and for this purpose must hide the data they wish to keep private (which will display an eye icon with a bar over it). Data defined as public (which will display an eye icon) will be available for consultation by any user of the lusopay system.
  5. The client also expressly permits the communication of personal data to third parties, provided this is necessary for the creation of payment requests, the processing of payments or the issuing of invoices by merchants, payment operations on crowdfunding platforms used by the client, the making of payments themselves, as well as the provision of information about the payee to the payer of a payment.
  6. All communications between the parties shall be made only in Portuguese.
  7. The client should print or save this adhesion agreement for future reference.
  8. The client has the right to receive, during the course of the contractual relationship, at their request and at any time, the terms of the framework agreement, as well as the information and its conditions, in a durable medium (PDF file). For this purpose, lusopay makes the framework agreement available in the «Personal» menu of the lusopay client area.
  9. The client and lusopay agree that all communications between the parties should preferably be carried out via internal messages in the lusopay client area. By default, internal messages are automatically forwarded to the email address associated with the client's lusopay account, and the client may change this behaviour. The provision of information by a means of communication other than the internal message in the lusopay client area has costs in accordance with the price list in force.
  10. For the purposes of article 76 of Decree-Law 91/2018, it is agreed that micro-enterprises are not treated as consumers.

C. About the service

  1. The payment service to be provided has the following main characteristics:

    Sending of funds

    • receipt of payments via Multibanco references
      • the generation of references is free of charge
      • a fee will only be charged if the reference is paid
      • notification of the payment by API, email or both
      • payments made up to 8 p.m. on a business day will, in principle, be received by lusopay on the following business day. As a rule, lusopay will send the funds to the client on the same day. However, the client accepts that lusopay may take up to three business days to send the funds to the bank account previously indicated by the payee, from the date of receipt of the SIBS file containing the payments received and the delivery of the corresponding funds to lusopay.
      • identification of the lusopay client to payers by company name, registered trademark or URL. If the merchant does not communicate a preference, the full name or company name of the lusopay client will be indicated.
    • receipt of payments via Payshop references
      • the generation of references is free of charge
      • a fee will only be charged if the reference is paid
      • notification of the payment by API, email or both
      • payments made up to 8 p.m. on a business day will, in principle, be received by lusopay on the third business day thereafter. As a rule, lusopay will send the funds to the client on the same day. However, the client accepts that lusopay may take up to three business days to send the funds to the bank account previously indicated by the payee, from the date of receipt of the PAYSHOP file containing the payments received and the delivery of the corresponding funds to lusopay.
    • receipt of payments via MB Way
      • the generation of payment requests is free of charge
      • a fee will only be charged if the payment request is paid
      • notification of the payment by POST, email or both
      • payments made up to 8 p.m. on a business day will, in principle, be received by lusopay two business days later. As a rule, lusopay will send the funds to the client on the same day. However, the client accepts that lusopay may take up to three business days to send the funds to the bank account previously indicated by the payee, from the date of receipt of the SIBS file containing the payments received and the delivery of the corresponding funds to lusopay.
      • to use this service, the lusopay client must sign a direct debit authorisation allowing lusopay to charge amounts owed, for example, resulting from reversals of MB WAY payments
    • receipt of payments via Direct Debit
      • the generation of payment requests is free of charge and depends on the prior submission and approval of the direct debit authorisation in the lusopay client area
      • fees will be charged where payment requests are paid, refused, reversed or cancelled
      • real-time notification of the payment by POST, email or both
      • payments made up to 3 p.m. on a business day will, in principle, be received by lusopay on the following business day. As a rule, lusopay will send the funds to the client on the same day. However, the client accepts that lusopay may take up to three business days to send the funds to the bank account previously indicated by the payee, from the date of receipt of the file from lusopay's partner banking institution containing the payments received and/or returned and the delivery of the corresponding funds to lusopay.
      • the lusopay client is identified to payers by name, if a sole trader, or by company name, if a company, by registered trademark or by URL. If the lusopay client does not communicate a preference, the full name or company name of the lusopay client will be indicated.
      • a direct debit payment can be cancelled/reversed by its payer within 8 weeks without needing to provide any justification
      • a direct debit payment can be cancelled/reversed within 13 months if there is no authorisation from the payer
      • the lusopay client may use their own direct debit creditor entity or, if they do not have one, may, at no additional cost, use an entity belonging to lusopay
      • to use this service, the lusopay client must sign a direct debit authorisation allowing lusopay to charge amounts owed, for example, resulting from reversals of direct debit payments
      • lusopay may set maximum limits for direct debit charges allowed to the client subscribing to the service, both per-transaction and monthly limits.
      • lusopay may set maximum limits for direct debit charges made by various clients to the same payer.
    • receipt of credit card payments at automatic payment terminals (card present)
      • the generation of payment requests is free of charge
      • fees will be charged where payment requests are paid, refused, reversed or cancelled
      • notification of the payment at the automatic payment terminal
      • payments received by lusopay up to 11:59 p.m. on a business day will take up to three business days to be sent to the bank account previously indicated by the payee
      • to use this service, the lusopay client must sign a direct debit authorisation allowing lusopay to charge amounts owed, for example, resulting from reversals of credit card payments
    • receipt of credit card payments on e-commerce platforms (card not present)
      • the generation of payment requests is free of charge
      • fees will be charged where payment requests are paid, refused, reversed or cancelled
      • real-time notification of the payment by POST, email or both
      • payments received by lusopay up to 11:59 p.m. on a business day will take up to three business days to be sent to the bank account previously indicated by the payee
      • to use this service, the lusopay client must sign a direct debit authorisation allowing lusopay to charge amounts owed, for example, resulting from reversals of credit card payments
  2. In order for a payment order to be duly initiated or executed, the payment service user must provide the information required by each payment method, as set out in the technical documentation made available by lusopay.
  3. Consent to initiate a payment order or to execute a payment transaction or a set of payment transactions is given electronically, through strong authentication in the client area or lusopay app, which will include identification of the payer via credentials (username and password), plus an alphanumeric PIN received by the payer via email or SMS, or, alternatively, if carried out via the lusopay app, by username, password and fingerprint reading.
  4. Consent to initiate a payment order or to execute a payment transaction or a set of payment transactions may also be given through a transfer order on paper or in a digitally signed PDF, using a template approved by lusopay and delivered by the payer to lusopay or to one of its agents.
  5. Consent may not be withdrawn after lusopay has received the payer's payment order.
  6. The moment of receipt of a payment order coincides with the moment the payment order is received by the payer's payment service provider. For the purposes of SEPA credit transfers, payment orders received after 3 p.m. on a business day are considered to have been received on the following business day.
  7. The maximum execution deadlines for the payment services to be provided are:

    Sending of funds

    • three business days after receipt by lusopay of the funds and of the files generated by the various payment providers containing all information relating to the payments.
    • fifteen business days after delivery to the payer of the product sold by the payee, only and exclusively in situations of a payment order processed with a guarantee of return of the capital to the payer, in the event of non-delivery of the product.
  8. The only currency used in accounts and payment orders is the EURO, although lusopay may, at its own unilateral discretion, make other currencies available in the future.
  9. Once the client has provided all legally required documentation, lusopay grants the client the ability to generate references and receive payments through the multibanco® [registered trademark of SIBS] and payshop® [registered trademark of Payshop (Portugal), S.A.] reference systems, as well as through a lusopay account within the lusopay system, accessible via a website and also via an «app» for smartphones and tablets. Subject to prior review and acceptance by lusopay, lusopay may also make available access to the MB WAY® [registered trademark of SIBS] payment method, direct debit charges and payments by debit and credit cards.
  10. In carrying out its activity, lusopay undertakes to:
    • Make available to the client, in a reserved area of its website (client area), a list of all payment transactions that have been processed;
    • Deliver to the client, by means of a transfer to the client's lusopay account, the amounts held by lusopay corresponding to the client's funds, charging or deducting, at lusopay's discretion, the price of all services provided by lusopay to the client, as well as any other amounts owed to lusopay by the client or any attachments to which the client's account is subject.
  11. Transfers made by lusopay are recognised and considered by the client to fully discharge the obligations owed by lusopay to the client or to entities represented by the client, in respect of the total value corresponding to the payments included in those transfers.
  12. The client agrees that accounting documents will be sent by lusopay by email and/or made available in the lusopay client area, although the client may request that they be sent by another means or request a duplicate of a document, in accordance with the table of additional services in force at the time of the request.
  13. The client must provide lusopay with an email address for communications between the parties, in particular for sending information from lusopay to the client, notwithstanding that the preferred means of communication between the parties is the message centre in the client area made available by lusopay. The client should check the message centre in the lusopay client area frequently, and the client is deemed to have been notified of any communication three calendar days after the communication was sent via the message centre of the lusopay client area.
  14. The client will comply with the procedures communicated by lusopay, and will promptly and diligently carry out all acts required of them for the proper performance of this agreement.
  15. The user of lusopay's payment services must notify lusopay directly, as soon as they become aware of the facts and without undue delay, of the loss, theft, robbery, misappropriation or any unauthorised use of the payment instrument.

    For the purposes of this notification, the form available at: https://www.lusopay.com/comunicacao-de-fraudes/ must be completed and submitted, or the «Comunicação de fraudes» link in the footer of the lusopay client area, or the «Comunicação de fraudes» menu in the lusopay app, may be used.

    Alternatively, lusopay may be contacted by the following means:

    Phone: (+351) 227311051
    Email: sos@lusopay.com

    Address:
    Compliance Department
    Fraud Reporting Section
    For the attention of: Drª Vanessa Martins
    Estrada de Brito, 536
    4410-206 São Félix da Marinha
    Portugal

  16. Should a transaction be returned to lusopay for reasons beyond its control, the payee shall pay lusopay a resubmission fee in accordance with the price list in force. This cost will be deducted from the amount of funds to be sent to the payee.
  17. The payment service user obtains from lusopay the correction of an unauthorised or incorrectly executed payment transaction giving rise to a claim, namely under articles 130 and 131 of Decree-Law 91/2018, if the transaction is reported to lusopay as soon as the user becomes aware of it and without undue delay, and within a period never exceeding 13 months from the date of the debit, through the message centre in the client area made available by lusopay at www.lusopay.com (Homebanking button).
  18. Whenever, in relation to the payment transaction in question, lusopay has not provided or made available the information it is required to provide under chapter ii of title iii of Decree-Law 91/2018, the maximum period referred to in the previous number does not apply.
  19. Where a payment initiation service provider is involved, the payment service user obtains correction from lusopay, under the terms of numbers 17 and 18 above, without prejudice to the provisions of numbers 5 to 9 of article 114 and articles 130 and 132 of Decree-Law 91/2018.
  20. Without prejudice to the provisions of article 112 of Decree-Law 91/2018, the payer's payment service provider must immediately refund the payer the amount of the unauthorised payment transaction after becoming aware of the transaction or after it has been reported, and in any case, at the latest by the end of the first business day following such knowledge or report.
  21. The payer's payment service provider is not required to make the refund within the period set out in the previous number if it has reasonable grounds to suspect fraudulent conduct by the payer and reports those grounds in writing, within the period indicated in the previous number, to the judicial authorities under criminal law and criminal procedure.
  22. Whenever the payer is entitled to a refund, the payer's payment service provider must ensure that the value date of the credit to the payer's lusopay account is not later than the date on which the amount was debited from the account.
  23. In the case referred to in the previous number, the payer's payment service provider, where applicable, restores the debited lusopay account to the state it would have been in had the unauthorised payment transaction not been executed.
  24. If the payment transaction is initiated through a payment initiation service provider, the payment service provider managing the account must immediately refund the payer the amount of the unauthorised payment transaction after becoming aware of the transaction or after it has been reported, and in any case, at the latest by the end of the first business day following such knowledge or report.
  25. The payment service provider managing the account is not required to make the refund within the period set out in the previous number if the payment initiation service provider informs it that it has reasonable grounds to suspect fraudulent conduct by the payer and that it has reported those grounds in writing to the judicial authorities under criminal law and criminal procedure.
  26. Whenever the payer is entitled to a refund, the payment service provider managing the account must, where applicable, restore the debited lusopay account to the state it would have been in had the unauthorised payment transaction not been executed.
  27. If the payment initiation service provider is responsible for the unauthorised payment transaction, it must immediately compensate the payment service provider managing the account, at its request, for the losses suffered or the amounts paid as a result of the refund to the payer, including the amount of the unauthorised payment transaction.
  28. In cases where the provisions of number 2 of article 113 of Decree-Law 91/2018 apply, the payment initiation service provider bears the burden of proving that, within its area of competence, the payment transaction was authenticated and duly recorded, and was not affected by any technical failure or other deficiency related to the payment service it provided.
  29. Whenever the payer is not immediately refunded by the payment service provider, and no reasonable grounds constituting valid grounds for suspicion of fraud have been identified, or such suspicion has not been reported in writing to the judicial authority under criminal law and criminal procedure, the payer shall be entitled to late-payment interest, calculated day by day from the date on which the payment service user denied having authorised the payment transaction executed, until the date of its actual refund, calculated at the legal rate set under the Portuguese Civil Code, increased by 10 percentage points, without prejudice to the right to any further compensation due.
  30. Individuals of legal age or who have been emancipated, as well as legal persons and equivalent entities, may join the lusopay payment system.
  31. If the payer disputes with the entity operating the payment method (SIBS, VISA, MASTERCARD, etc.) the chargeback of a payment on the grounds that the product or service paid for through a given payment order was not delivered or provided, a dispute process is opened, in which the payee will have the opportunity to present evidence that they delivered the product, provided the service, or refunded the amount of that payment to the payer. lusopay or the entity operating the payment method will freely assess the evidence presented and decide whether or not to proceed with the chargeback of that amount. The decision is irrevocable and not subject to appeal, allowing lusopay to deduct the full or partial chargeback amount from the payee's financial holdings with lusopay, and also allowing lusopay to charge the chargeback amount by direct debit, should the payee's financial holdings with lusopay be insufficient to fully settle the chargeback.
  32. lusopay clients have the right to associate profile photographs with their profile that identify the holder of the lusopay account, or, in the case of business accounts, photographs of the commercial establishment(s) or logos matching the company's logo. These images will always be public.
  33. lusopay reserves the right to remove or prohibit the use of images by lusopay clients if they infringe copyright or do not identify the holder of the lusopay account.
  34. Individuals over 16 (sixteen) and under 18 (eighteen) years of age of Portuguese nationality may join the lusopay payment system, provided that the use of the system is within the scope of a professional activity of the minor and there is a written declaration, with a signature certified by, the holder of parental authority or the minor's guardian, specifying that the account is intended for professional purposes of the minor and that under no circumstances will the holders of parental authority or the minor's guardian bring legal proceedings seeking the annulment of transactions carried out by the minor using the lusopay payment system.
  35. lusopay guarantees a customer support service in Portuguese on business days and during business hours, through the lusopay web platform.
  36. The client's public account identifier may not contain the expression «lusopay», «broker» or «agreg». The client acknowledges that if they create a public account identifier containing the expression «lusopay», «broker» or «agreg», lusopay may unilaterally change it. The client shall be responsible for notifying their payers of the new public account identifier.
  37. At the request of the user of the payment services made available by lusopay, lusopay makes the following information available free of charge in PDF (in the client area, the user can view the transaction details and save them as a PDF file):
    • A reference enabling the user to identify each payment transaction and, where applicable, information relating to the other party involved in the transaction;
    • The amount of the payment transaction in the currency in which the user's lusopay account is debited/credited or in the currency used in the payment;
    • The amount of charges for the payment transaction and, where applicable, a breakdown thereof, or the interest owed by the user;
    • Where applicable, the exchange rate applied to the payment transaction by the other party's payment service provider, as well as the amount of the payment transaction after that currency conversion; and
    • The value date of the debit/credit or the date of receipt of the payment order.

D. Price

  1. All charges payable by the payment service user to lusopay, including, where applicable, charges related to the manner in which information is provided and made available under Decree-Law 91/2018, are set out in lusopay's price list on the lusopay website at www.lusopay.com and on the banking customer website created and managed by Banco de Portugal at https://clientebancario.bportugal.pt/sites/default/files/precario/8700_/8700_PRE.pdf.
    Charges are due for each act.
  2. Interest shall only be due where there is an overdrawn balance on the lusopay account, under the terms set out in the price list referred to in the previous point.
  3. The price list may be updated periodically, and lusopay must provide information about any changes on the lusopay website and notify the client of the intended changes at least 60 (sixty) days in advance.
  4. lusopay is authorised to offset the price of the services owed to it by the client against amounts it has to transfer to the client's lusopay account or bank account, or those of entities represented by the client.
  5. Where an account is inactive, fees will be charged in accordance with the price list. An account is considered inactive if it does not receive payments for a period of more than 12 months.

E. Term of the contract

  1. This agreement shall remain in force for an indefinite period and may be terminated by the client, in writing, with 30 (thirty) days' notice.
  2. lusopay may terminate the agreement, in writing (on paper or another durable medium), with at least 2 (two) months' prior notice.
  3. lusopay may amend the price list set out in this agreement, and must notify the client of such change in writing (on paper or another durable medium) at least 60 (sixty) days before the date it takes effect, and the client has the right, by rejecting the new price list, to terminate this agreement immediately and without charge by written notice before that effective date. Failure by the client to notify lusopay of their rejection of the change shall be deemed acceptance thereof.
  4. Termination of this agreement shall always entail, from the relevant date, the impossibility of the lusopay client continuing to make or receive payments through the services of the first party.
  5. Should the client receive any payment after termination of the framework agreement with lusopay, relating to payment requests generated before that termination, those funds will be sent by lusopay to a bank account of the client, applying the price list for transactions without a framework agreement, with this cost being deducted from the amount to be transferred in this fund-sending operation.

F. About «cookies»

  1. «Cookies» are software tags stored on your computer, tablet or smartphone through your internet browsing software (browser), storing information relating to your browsing preferences.
  2. «Cookies» are useful for making it easier to navigate websites, since they make it unnecessary to repeatedly enter certain information.
  3. There are persistent «cookies» and session «cookies». The former are stored on your computer, tablet or smartphone and are used when you access our website. They aim to provide a more personalised experience. The latter are temporary and aim to make it easier to identify problems. These «cookies» are called temporary because they only exist while you are browsing our website.
  4. As a user of an internet browser, you can set which «cookies» you accept or refuse. You can also decide whether or not to delete «cookies» stored on your device, as well as manage «cookies» in your browser's options or preferences. We warn you, however, that refusing «cookies» may impair your browsing experience and may even partially or fully prevent our website from working correctly.

G. Protection of personal data

  1. lusopay is the entity responsible for the collection and processing of the client's personal data.
  2. lusopay may use third-party entities, through subcontracting, for the collection and processing of the client's personal data.
  3. lusopay applies stringent and secure rules and procedures aimed at protecting clients' personal data, although it remains possible that third parties may access personal data without authorisation to do so, and the client should therefore exercise caution when using the internet.
  4. By providing lusopay with the client's personal data, the client authorises the collection, use and disclosure of such data, in accordance with the provisions of this agreement.
  5. By joining lusopay, the client is required to provide the personal data necessary to identify the client and/or their representatives.
  6. lusopay will verify the accuracy of this data, namely by comparing it with publicly accessible data available on various portals, for example the portals of the Ministry of Finance, the Ministry of Justice, Banco de Portugal, the UN and European Union sanctions lists, as well as lusopay's own databases. The client acknowledges that lusopay is legally required to verify the accuracy of personal data, as it is a payment institution. Should discrepancies exist, the lusopay account and other lusopay services will not be permitted.
  7. With regard to payment transactions made or received by the client, lusopay, in particular for reasons of transaction security and to allow the client to review transaction history, may store data such as amount, payer, payee, date, description, transaction type, IP address, cookies and geographic location. lusopay will also communicate some of this data to those involved in payment transactions, whether payees or other parties essential to completing the payment.
  8. Geographic location will only be collected with the client's consent. However, lusopay recommends that the client give this consent.
  9. Geographic location may be used to combat fraud, for example to indicate shops/merchants where the client may use the lusopay service that are located near the client.
  10. Within the lusopay web system, the client may contact lusopay through internal mail messages within the lusopay system (similar to email). These messages will be kept on the platform for record purposes, both by the client and by lusopay. The client, as well as lusopay, may save or delete their messages, keeping only what they consider relevant.
  11. The client accepts that lusopay may record telephone calls between the parties, subject to the client's consent, and may process such calls, namely and by way of example, to improve the customer support service, as evidence of financial transactions carried out, for the modification of personal data, or for analysis of service quality.
  12. Personal data will be used for communications with the client, the setting up and management of the lusopay account, and, in cases where the client has given consent, for market studies, surveys, promotions, advertising, news, sending emails and SMS messages, and loyalty campaigns, whether run by lusopay or by lusopay clients.
  13. At any time, the client may request access to, updating of, or deletion of the personal data held by lusopay, and may object to the use of personal data for marketing purposes, by making such a request in writing to lusopay, Estrada de Brito, 536, 4410-206 São Félix da Marinha, Vila Nova de Gaia, Portugal.
  14. From the lusopay website and mobile applications, it may be possible to access third-party websites (via links), and lusopay is not responsible for the personal data protection rules of those websites, nor for their terms of use.
  15. Personal data is kept for the period defined by law and by lusopay's privacy policy. After these periods, lusopay will delete the data.
  16. Personal data may be transferred outside Portugal whenever the provision of certain services requires it. In such cases, however, lusopay will comply with all legal requirements and guarantees that it will not transfer data to countries that do not offer adequate personal data protection guarantees.
  17. lusopay's privacy policy can be consulted at the following link: https://www.lusopay.com/politica-de-privacidade/

H. Liability

  1. The client accepts that any error arising from misuse, whether voluntary or involuntary, of the lusopay system is the client's sole responsibility.
  2. Misuse is understood to include, but is not limited to, the following situations:
    • Incorrect entry of the payee's public account identifier, IBAN or BIC/SWIFT;
    • Incorrect entry of a description for a given payment;
    • Incorrect entry of an amount for a given payment;
    • The use of a currency other than the one intended.
  3. If the client makes a payment order as a result of incorrect information provided by third parties, no liability shall be attributed to lusopay.
  4. lusopay will make reasonable efforts to attempt to recover the funds involved in a payment transaction made using incorrect recipient data, such service being paid for by the client in accordance with the price list set out in the table of additional services for fund recovery, and payment being due regardless of the success or failure of such attempt.
  5. lusopay cannot be held responsible for problems that prevent the proper functioning of the process, in particular problems in the client's IT infrastructure, or problems with the client's equipment, software or communications.
  6. If it is proven that lusopay is solely and directly responsible for problems preventing the proper functioning of the system, lusopay will compensate the client under the terms of articles 130 to 135 of Decree-Law 91/2018. This clause applies only to consumers, micro-enterprises not being treated as consumers.
  7. The client is responsible for ensuring the confidentiality of their access data to the lusopay payment system, as well as any transaction password, and is responsible for any misuse that may be made by third parties.
  8. The client must ensure that no one else has access to their email address or to the client area made available by lusopay, and must immediately report any suspected security breach.
  9. The client undertakes to notify lusopay immediately whenever they believe the confidentiality of their access and/or transaction passwords has been compromised.
  10. The client undertakes to use up-to-date antivirus software and firewalls on their personal computer, smartphone and tablet.
  11. The client undertakes not to access the lusopay platform from computers, smartphones or tablets that are not their own and/or equipment shared with third parties.
  12. Where a payment order is issued directly by the payer, the payer's payment service provider is responsible, without prejudice to the provisions of article 112, numbers 2, 3 and 4 of article 129 and article 135 of Decree-Law 91/2018, for the correct execution of the payment transaction towards the payer.
  13. If the payer's payment service provider demonstrates to the payer, and where applicable to the payee's payment service provider, that the latter provider received the amount of the payment transaction under numbers 1 and 2 of article 124 of Decree-Law 91/2018, the payee's payment service provider is responsible for the correct execution of the payment transaction towards the payee.
  14. Where liability rests with the payer's payment service provider under point 12 of this section H, it must refund the payer, without undue delay, the amount of the non-executed or incorrectly executed payment transaction and, where applicable, restore the debited lusopay account to the state it would have been in had the incorrect execution of the payment transaction not occurred.
  15. The value date of the credit to the payer's lusopay account referred to in the previous number may not be later than the date on which the amount was debited.
  16. Where liability rests with the payee's payment service provider under number 13 of this section H, it must immediately make the amount of the payment transaction available to the payee and, where applicable, credit the corresponding amount to the payee's lusopay account.
  17. The value date of the credit to the payee's lusopay account referred to in the previous number may not be later than the value date that would have been assigned to the amount had the transaction been correctly executed, under the terms of article 128 of Decree-Law 91/2018.
  18. In the case of a non-executed or incorrectly executed payment transaction, the payer's payment service provider, regardless of the liability incurred under numbers 12 and 13 of this section H and if so requested, will immediately make efforts to trace the payment transaction and inform the payer of the results obtained, without being able to charge the payer for this service.
  19. In the event of late execution of a payment transaction, the payee's payment service provider shall ensure, at the request of the payer's service provider acting on the payer's behalf, that the value date of the credit to the payee's lusopay account is not later than the value date that would have been assigned had the transaction been correctly executed.
  20. Without prejudice to the liability established in this article, payment service providers are liable to their respective payment service users for any charges for which they are responsible and for any interest to which payment service users are subject as a result of the non-execution or incorrect execution, including late execution, of the payment transaction.
  21. Where a payment order is issued by or through the payee, the payee's payment service provider is responsible towards the payee, without prejudice to the provisions of article 112, numbers 2, 3 and 4 of article 129 and article 135 of Decree-Law 91/2018, for the correct transmission of the payment order to the payer's payment service provider under number 4 of article 124 of Decree-Law 91/2018.
  22. Where liability rests with the payee's payment service provider, under the terms of the previous number, the payee's payment service provider must immediately retransmit the payment order to the payer's payment service provider.
  23. In the event of late transmission of the payment order, the value date of the credit to the payee's lusopay account may not be later than the value date that would have been assigned had the transaction been correctly executed.
  24. The payee's payment service provider is also responsible towards the payee, without prejudice to the provisions of article 112, numbers 2, 3 and 4 of article 129 and article 135 of Decree-Law 91/2018, for handling the payment transaction under its obligations arising from article 128 of Decree-Law 91/2018, and the payee's payment service provider must ensure that the amount of the payment transaction is made available to the payee immediately after being credited to that provider's account.
  25. In the case referred to in the previous number, the value date of the credit to the payee's lusopay account may not be later than the value date that would have been assigned had the transaction been correctly executed, under the terms of article 128 of Decree-Law 91/2018.
  26. In the case of a non-executed or incorrectly executed payment transaction for which the payee's payment service provider is not liable under numbers 21, 22, 24 and 25 of this section H, the payer's payment service provider is liable towards the payer.
  27. Where liability rests with the payer's payment service provider, under the terms of the previous number, it must refund the payer, where applicable and without undue delay, the amount of the non-executed or incorrectly executed payment transaction, and restore the debited lusopay account to the state it would have been in had the incorrect execution of the payment transaction not occurred.
  28. The value date of the credit to the payer's lusopay account referred to in the previous number may not be later than the date on which the amount was debited.
  29. Where the payer's payment service provider demonstrates that the payee's payment service provider received the amount of the payment transaction, regardless of a mere delay in execution, the provisions of numbers 27 and 28 of this section H do not apply.
  30. In the situations referred to in the previous number, the payee's payment service provider shall assign to the amount of that transaction, in the payee's lusopay account, a value date no later than the value date that would have been assigned had the transaction been correctly executed.
  31. In the case of a non-executed or incorrectly executed payment transaction, the payee's payment service provider, regardless of the liability incurred under the previous numbers and if so requested, will immediately make efforts to trace the payment transaction and inform the payee of the results obtained, without being able to charge the payee for this service.
  32. Without prejudice to the liability established in this article, payment service providers are liable to their respective users for any charges for which they are responsible and for any interest to which payment service users are subject as a result of the non-execution or incorrect execution, including late execution, of the payment transaction.
  33. Where a payment order is initiated by the payer through a payment initiation service provider, the payment service provider managing the account will refund the payer, without prejudice to article 112 and numbers 2, 3 and 4 of article 129 of Decree-Law 91/2018, the amount of the non-executed or incorrectly executed payment transaction and, where applicable, restore the debited lusopay account to the state it would have been in had the incorrect execution of the payment transaction not occurred.
  34. The payment initiation service provider bears the burden of proving that the payment order was received by the payment service provider managing the payer's account under article 119 of Decree-Law 91/2018, and that, within its area of competence, the payment transaction was authenticated and duly recorded, and was not affected by any technical failure or other deficiency related to the non-execution, incorrect execution or late execution of the transaction.
  35. Where it is responsible for the non-execution, incorrect execution or late execution of the payment transaction, the payment initiation service provider must immediately compensate the payment service provider managing the account, at its request, for the losses suffered or the amounts paid as a result of the refund to the payer.

I. Confidentiality

  1. The client and lusopay undertake to maintain confidentiality regarding the conditions of this agreement, not disclosing them in any way, except to the extent necessary and strictly instrumental to fulfilling the obligations arising from this agreement for each of the contracting parties.
  2. The client undertakes to defend and respect the image and commercial reputation of lusopay and its respective trademarks, and to maintain and safeguard absolute secrecy regarding all information related to the service.

J. Protection of funds

lusopay guarantees, at all times, compliance with Banco de Portugal's determinations and requirements regarding the rules for the protection of its clients' funds.

K. Anti-money laundering and counter-terrorist financing

  1. In compliance with the law against money laundering and terrorist financing, lusopay reserves the right to suspend and block contracted services, even if activation, renewal, maintenance or usage fees have already been paid, where applicable.
  2. A reason for the suspension or blocking of lusopay services, under the terms of the previous point, is, by way of example, the failure to provide documentation required to comply with legal identification duties.

L. Intellectual property

  1. lusopay's software, trademarks and logos, images and documents made available on lusopay platforms are the property of lusopay or of entities that have authorised lusopay to use them, and no right whatsoever is transferred to the client at any time, other than the right to use the software to access the lusopay payment system.
  2. The client may not, under any circumstances, alter documents, images, logos, trademarks or lusopay's software, and must also refrain from concealing or modifying references to the intellectual property of lusopay or of third parties.
  3. lusopay may use trademarks, logos and the client's name for advertising and/or communication purposes relating to lusopay services, namely by stating that the client uses the lusopay service.
  4. The client may use the lusopay trademark and logos to identify and communicate to third parties that they use the lusopay payment system. However, the client may only use materials made available by lusopay, and may not create, tamper with or modify them.

M. Mobile applications

  1. lusopay makes mobile applications (commonly known as «apps») available for download for Android and iOS systems, and may, at its own discretion, discontinue making such apps available, without justification and without prior notice.
  2. The download of the mobile applications is free of charge, although subject to acceptance of and agreement with all the provisions of this agreement.
  3. The mobile applications are intended solely to allow the client to use the lusopay system, and may have fewer or different functions than the web version of the lusopay client area.
  4. The client is prohibited from using the mobile applications:
    1. For purposes other than those intended by lusopay;
    2. To compete with lusopay;
    3. To copy or reproduce them;
    4. To remove copyright, trademark and other industrial property rights;
    5. To distribute, market, license or transmit, in any way, the mobile applications to third parties;
    6. To modify them, whether slightly or extensively;
    7. To decompile them, accessing their source code;
    8. To reduce, alter or otherwise affect the security or mechanisms present in the mobile applications;
    9. To carry out acts prohibited by law, offensive to accepted standards of behaviour or public order, or offensive to the principles of equality and tolerance;
    10. To knowingly or unknowingly propagate viruses, worms, trojan horses or any other malicious code;
  5. The client is responsible for ensuring that their mobile device is protected against third-party activity, viruses and malware, namely by using antivirus software.
  6. lusopay makes no warranty regarding the mobile applications, which may contain errors and other faults. Use of the mobile applications is at the client's own risk, and lusopay is not, under any circumstances, responsible for any damage to the client's system or mobile device, nor for the use or inability to use the mobile applications.

N. Agents

  1. lusopay may use agents for the provision of payment services.
  2. Agents may carry out the following acts:

    In account opening processes:

    • verify whether the documents belong to the person opening an account with lusopay
    • photocopy, sign, scan and send the client's documents to lusopay

    After opening a lusopay account:

    • receive balance top-ups from the client and make that amount available in the client's lusopay account
    • allow clients to withdraw balances, delivering that amount in cash to the client

    In relation to non-lusopay clients:

    • receive cash payments of invoices with lusopay numeric references
  3. A client using the services of a lusopay agent will not have to pay any cost directly to the agent for the service. The fee charged by lusopay to the user of an agent's services includes that agent's remuneration. However, any cost of photocopying or scanning documents is not included in lusopay's fee. In this case, therefore, the agent may charge the user of the lusopay payment service for the photocopying or scanning of documents.

O. Preventive and remedial measures

  1. lusopay makes available, in its client area, a page explaining the security rules associated with lusopay payment services (https://app.lusopay.com:8443/web/#page-content!page=-1347720241281987110).
  2. The reporting of fraud and other urgent occurrences/information, such as loss, theft, robbery, misappropriation or any unauthorised use of payment instruments marketed by lusopay, is done through the web form available in the footer of the www.lusopay.com website or in the footer of the lusopay client area, or through the fraud reporting button in the lusopay app. Alternatively, the client may call (+351) 227311051. This report must be made immediately upon becoming aware of the fact to be reported.
  3. lusopay reserves the right to block any payment instruments that can be blocked, for objectively justified reasons related to:
    • the security of the payment instrument;
    • suspected unauthorised or fraudulent use of that instrument; or
    • a significant increase in the risk that the payer will be unable to meet their payment obligations, in the case of a payment instrument with an associated credit line.
  4. lusopay will inform the client of the blocking of a payment instrument in writing (internal message, email or other durable form), if possible before blocking the instrument, or at the latest immediately after blocking it, unless such information cannot be provided for objectively justified security reasons or is prohibited by legal provisions.
  5. Once the reasons that led to the blocking cease to apply, lusopay must unblock the payment instrument or replace it with a new one.
  6. The lusopay client is required to bear the losses relating to unauthorised payment transactions resulting from the use of a lost, stolen, robbed or misappropriated payment instrument, up to a maximum of €50.00 (fifty euros).
  7. The payer shall bear all losses resulting from unauthorised payment transactions if these are due to fraudulent conduct or the deliberate breach of one or more of the obligations set out in article 110 of Decree-Law 91/2018, in which case the limits referred to in number 6 of this section O do not apply.
  8. Where there is gross negligence on the part of the payer, they shall bear the losses resulting from unauthorised payment transactions up to the limit of the available balance or the credit line associated with the account or payment instrument, even if this exceeds €50.00 (fifty euros).
  9. lusopay's liability towards the client regarding the initiation or execution of payment transactions is set out in articles 130, 131 and 132 of Decree-Law 91/2018.
  10. The refund conditions are set out in articles 117 and 118 of Decree-Law 91/2018. These refund conditions do not apply where the payer is a micro-enterprise, in which case there is no refund.

P. Exclusions

  1. lusopay will not be liable for any failure to perform its obligations arising from legislative changes, error, mistake, or any kind of failure on the part of the client, their equipment or employees, or of third parties essential to the provision of the service now contracted (e.g. failure of mobile or internet operators, or of the supporting bank).
  2. lusopay will not be liable for:
    1. Equipment used by the client;
    2. Delays, errors, difficulties, interruptions or suspensions of telecommunications services, viruses and other malware affecting the use of the lusopay payment system, whether on the digital or mobile channel;
    3. Unlawful acts of third parties;
    4. Malfunctions of third-party systems and networks connecting to the lusopay payment system;
    5. Security failures resulting from the client's use of outdated or insecure internet browsers;
    6. Difficulties in the operation of web services caused by unauthorised use of the servers on which the lusopay payment system is installed or by internet overloads.

Q. Disputes

  1. This agreement is governed by Portuguese law, with the express exclusion of any other.
  2. Without prejudice to access to the competent judicial channels, the client may turn to the following entities to attempt out-of-court dispute resolution:
    • CNIACC – National Centre for Consumer Dispute Information and Arbitration (Portugal);
    • CICAP – Porto Consumer Information and Arbitration Centre (Portugal).
  3. Under article 143 of Decree-Law 91/2018, the client may also file a complaint with Banco de Portugal, whenever the grounds relate to non-compliance with rules under title III of that law (rights and obligations regarding the provision and use of payment services).
  4. The parties declare that the sole court with jurisdiction to hear any judicial disputes arising from this agreement is the Tribunal Judicial da Comarca de Vila Nova de Gaia, as it is the place where the lusopay service is provided.
  5. The client expressly accepts that lusopay will under no circumstances be called upon to intervene, directly or indirectly, in any matters arising from the contractual relationship between lusopay clients, in particular regarding the provision of any service or supply of products between them.
  6. Any written communications sent by the first party to the client will be sent to the address indicated by the client, which the client undertakes to keep up to date, and which, for the purposes of any communication, including judicial summons or notice, is deemed to be the agreed domicile. Any change of the client's domicile must be communicated by registered letter with acknowledgement of receipt or by internal message in the lusopay client area. lusopay keeps its domicile up to date on its website.

R. The parties

The parties to this agreement are, on the one hand, lusopay Instituição de Pagamento, Lda, legal entity number 508 285 410 (five, zero, eight, two, eight, five, four, one, zero), with registered office and central administration at Estrada de Brito, 536, 4410-206 São Félix da Marinha, municipality of Vila Nova de Gaia, Portugal, with general email geral@lusopay.com, an institution authorised and registered with Banco de Portugal under number 8700 (eight thousand seven hundred), and supervised by that entity (referred to in this agreement as «lusopay»); and

the individual, legal person or entity equivalent to a legal person who joins this agreement relating to the lusopay payment system (referred to in this agreement as «client»).

In the case of legal persons, they may appoint a single representative who will be the sole point of contact with lusopay.