Appendix №2 to the Terms and Conditions of NBCGate Business

Terms of Use

§ 1. Definitions and General Terms

1. Capitalized terms in these Terms and Conditions have the following meanings:

1.1. "E-mail Authorization" - an action in which the Contractor or its Representative confirms a will or specific designation on the Client Portal by entering a code into a special field reserved for the code(s) received from NBCGate in the form of an e-mail; depending on the rules established to represent the Contractor, one or more codes must be entered to perform Authorization with an Authorization Code;

1.2. "Rules" - this document contains the rules of operation and use of the Client Portal;

1.3. "NBCGate" - NBCGate Czech Republic s.r.o., legal address: Vlkova 532/8, Žižkov, 130 00 Prague 3 , Company ID (identification number): 116 74 458, registered in the Commercial Register maintained by the Municipal Court in Prague, insert C 352704;

1.4. "Services" - Services provided by NBCGate through the described portal in the Rules.

1.5. "Agreement" - the Payment Card Acquiring Agreement concluded between the Contractual Partner and the Service Providers, based on which the Service Providers provide payment card acquiring services or other additional services to the Contractual Partner, including all annexes thereto, which form an integral part thereof;

1.6. "Contractual Partner" or "Partner" means a person who accepts payment cards as a means of payment for goods and services sold to its customers and is a party to the Agreement with the Service Providers.

1.7. "POS Terminal" shall mean devices and software that enable payment by means of payment instruments; for the purposes of these Rules, a SmartPOS Terminal shall mean a SmartPOS Terminal that enables payments confirmed by a PIN issued by payment instruments, with the function of sending electronic confirmation of the transaction at the request of the payment card holder.

1.8. "Customer portal" - a website managed by NBCGate on the address portal that is provided to the Partner in connection with the execution of the Agreement. The Client Portal is designed primarily for the Partner's work under the Agreement in connection with the execution of the Agreement;

1.9. "Partner's account" - a set of resources, rights and data attributed to a particular Agreement partner in the Customer portal, allowing to use its functions;

1.10. "Representative" - an individual person authorized to act on behalf of the Partner (for example, a statutory body authorized to represent the Company, a proxy or a contractual agent of the Counterparty acting on the basis of a power of attorney, etc.);

2. The owner and administrator of the Client Portal is NBCGate.

3. The Client Portal is available 7 days a week, 24 hours a day, except as set out in clauses 5 and 6 below.

4. NBCGate has a right to carry out scheduled technical downtime of the Client portal if it is necessary to carry out configuration or maintenance work. Technical downtime of the Client Portal will be announced in advance by NBCGate in the form of a notice on the Client Portal.

5. NBCGate has the right to temporarily restrict access to the Customer Portal without prior notice in justified cases where necessary IT work or troubleshooting is required. Access to the Client Portal will be limited to the time necessary to troubleshoot or perform IT work, and NBCGate will use its best efforts to perform such work as soon as reasonably practicable.

6. In cases where a Partner's Customer provides his/her personal data when using the Services on the Customer portal who does not directly fill out a consent form for the collection and processing of personal data (such as contact persons in the Partner's stores), the Partner undertakes to perform an information obligation on behalf of NBCGate regarding the collection of personal data of such Customers in accordance with applicable law, undertaking to immediately inform these persons of the processing of their personal data.

§ 2. Technical requirements, risks

1. In order to view the Client Portal, you must use a personal computer (PC) or mobile device (smartphone, tablet) with Internet access, with a standard web browser that supports generally accepted technologies and standards (the most current version of the browser is recommended). The website browser must support at least 128-bit encoding, cookies from the client portal and Javascript must be enabled.

2. In order to register on the Partner Portal (i.e. to create a Partner Account) and use some other Services specified in the Rules, it is necessary to have an active email account (e-mail).

3. NBCGate is not responsible to a Partner for unsatisfactory work of the Customer portal or for inability of a Partner to use the Services due to failure to comply with the above technical conditions.

4. Information about processing of personal data and privacy protection on the Customer Portal is provided in the Privacy Policy at https://docs.nbcgate.com/dokumenty/politika-konfidencialnosti-nbcgate. Using the Client Portal involves risks related to the Internet, such as the possibility of hacking the security of the User's device to illegally obtain personal data or information, the possibility of malicious software (e.g. spyware, web worms, viruses, etc.) or so called phishing (sending fake messages pretending to be genuine to obtain data), data acquisition by unauthorized persons in order to use the Services on behalf of the User/Partner. NBCGATE recommends that all Contractual Partners, accordingly. act with caution with respect to all Partners and apply appropriate safeguards (e.g. firewalls, updating software to the latest version, etc.).

§ 3. Prohibition on distribution of illegal content and other restrictions

1. In connection with the use of the Client Portal and Services by the Contractual Partner, the Partner is prohibited to share content of illegal nature that violates the law or ethical standards, including information that violates personal rights or privacy of third parties.

2. In addition, the Partner may not use the Client Portal or Services in violation of the Terms, and the Agreement, and must not use it in a manner that results in disruption of NBCGate's IT system.

3. The Partner must always provide up-to-date and truthful information in electronic form on the Client Portal.

4. NBCGate has the right to suspend the provision of Services to a Contract Partner who violates the above paragraphs 1 - 3 §3. Suspension of the provision of Services can primarily take the form of blocking the Client's Account. Suspension of the Services shall be effective for the period necessary to clarify all circumstances.

5. NBCGate has the right to apply security measures in the Portal for Customers against the distribution of robot-filled data, such as: CAPTCHA robots.

§ 4. E-mail Authentication

1. E-mail-authorization will be carried out in accordance with the rules stated in this §4.

2. NBCGate automatically sends an authorization code to the e-mail address specified by the Partner.

3. The Partner can authorize with the code within 1 hour from the moment NBCGate sends the e-mail with the authorization code. After the aforementioned period of time the code is invalid and authorization with this authorization code cannot be performed.

4. If the code expires, the email must be re-generated using the appropriate function available on the website where the authorization code occurs (resend button or equivalent).

§ 5. Customer portal

1. Partner is obliged to use the Portal for clients in accordance with the Agreement. The Partner may not use the Client Portal for purposes not related to the execution of the Agreement.

2. All actions performed in the Account by the Partner or a person with login credentials to that account shall be deemed to have been performed by the Partner.

3. An Introducing Broker guarantees that he/she has read the Rules before accessing the Client portal and confirms that he/she agrees with its wording.

4. The Customer portal is provided to the Partner for the duration of the Agreement.

§ 6. logging in to the client account

1. In order to log in to the Partner's Account on the Portal it is necessary to enter e-mail and access password, which were specified by the Partner during registration. After three unsuccessful attempts to enter login or password access to Partner's account will be blocked. In this case to unblock the access it is necessary to use "forgot password" option available in the Personal profile.

2. After the User/Partner's Account has been inactive for 10 minutes, the Partner's Account is automatically logged out for security reasons.

3. If the password for access to the Account is lost or disclosed to unauthorized persons, the password must be changed using the "reset/password reset" function available in the Client Portal.

§ 7. Client Portal Security Rules

1. NBCGate stores data in the Portal in accordance with applicable laws and NBCGate's security policy.

2. For security reasons NBCGate reserves the right to monitor all operations performed in the Portal.

3. The Partner undertakes to:

3.1. Use the Customer Portal in a manner that ensures compliance with the Privacy Policy https://docs.nbcgate.com/dokumenty/politika-konfidencialnosti-nbcgate;

3.2. to take proper care of the safety of his authorization data (login, password) to the Portal.

3.3. NBCGate shall not be liable for loss of authorization data to the Account by the Partner, as well as for consequences caused by such loss, as well as for transfer of access data to unauthorized third parties.

§8. Complaints

1. All complaints about the Services listed in the Agreement may be directed to NBCGate by:

1.1. by telephone (the telephone number is listed on NBCGate's website at https://nbcgate.com/support-contacts);

1.2. by letter to the address of NBCGate's registered office specified in clause 1 § 1 of the Rules;

1.3. electronically to the e-mail address [e-mail]

2. The complaint must contain at least the identity of the person or entity filing the complaint, the reason for the complaint and the content of the request. Depending on the method of filing the complaint, the response to the complaint may be provided through the following channels of communication:

2.1. by telephone - if the complaint is filed by telephone and the complainant has not requested any other method of providing information;

2.2. by e-mail - the response is sent to the e-mail address indicated in the complaint;

2.3. in writing by post - the response is sent in writing to the address of the natural or legal person from which the complaint was filed.

3. The above complaints will be resolved immediately and a response to the complaint will be provided within 30 days of receipt. In the case of complaints about the rights and obligations arising from Act No 370/2017 Coll. on payment systems (i.e. complaints about the Services provided in connection with the provision of payment services), no later than within 15 days of its receipt. In particularly complex cases, this period may be extended, but not more than 60 days from the date of receipt of the complaint.

4. The deadlines and the procedure of consideration of complaints in matters of execution of the Agreement are regulated by the Agreement.

§ 9. Final Provisions

1. NBCGate has the right to make adjustments to the Rules for serious reasons, such as, but not limited to:

1.1. the need to adapt the language of the Rules to statutory or legal standards;

1.2. the need to adapt NBCGATE's activities/operations to recommendations, orders, judgments, decisions or rulings of an authorized government body or to a court decision regarding the Services;

1.3. Expanding or changing the functions of the Client Portal ;

1.4. introduction of new Services, changes in the scope or nature of the Services;

1.5. changes in the technical requirements for the use of the Services;

1.6. Changes in the data of the subjects specified in the Rules (for example, addresses);

1.7. changes in the email addresses, including links in the Terms;

2. In addition, the contractual partners registered on the Portal shall be informed about the changes in the Rules in the form of a message in myAlpari at least 5 working days before the changes in the Rules come into force. The amended Rules shall be binding on the registered Partner who has not submitted a request to cancel his/her Client Account (termination of the Contract by the Contract Partner) before the effective date of the amended Rules. This request may be sent by NBCGATE in writing or electronically to [e-mail]

3. The Rules are governed by the laws and regulations of the Czech Republic.