1. INTRODUCTORY PROVISIONS

1.1 These Terms and Conditions (“T&C”) of Wage services EU s.r.o., with its registered office at Varšavská 715/36, Vinohrady, 120 00 Prague 2, Czech Republic, Company ID: 23118059, a company registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 421681 (the “Provider”), govern the relationships between the Provider and the Recipient in connection with the use of the Application and the services provided through the Application on the basis of separate agreements.

1.2 Provider’s contact details are: tel: +421 918 445 694, e-mail: help@wagenow.com; info@wagenow.com.

1.3 These T&C form an annex to any Other Agreement.

1.4 To the extent any provisions of an Other Agreement differ from these T&C, the provisions of the relevant Other Agreement shall prevail.

1.5 Matters not regulated in these T&C, in the Other Agreements, or in their inseparable parts (annexes) shall be governed, in particular, by the relevant provisions of:

• Act No. 40/1964 Coll., the Civil Code, as amended,
• Act No. 513/1991 Coll., the Commercial Code, as amended,
• Act No. 108/2024 Coll. on Consumer Protection and on amendments to certain acts,
• the Personal Data Protection Act,
• the GDPR Regulation.

1.6 The Recipient acknowledges that the Application, within the meaning of these T&C (including their amendments and changes), is a “work” under Act No. 185/2015 Coll., the Copyright Act, as amended, and therefore enjoys protection under that act. The Provider is entitled to grant third parties the right to use the Application under a licence. The Recipient is not entitled, without the Provider’s consent, to distribute, reproduce, or otherwise handle the Application in a manner different from the use defined in these T&C.

1.7 By using the Application, the Recipient confirms they have read and agree to these T&C. The Recipient also expressly confirms this consent when activating the Account.

2. DEFINITIONS

2.1 Terms used in this Article have the meaning given here, unless these T&C or referenced documents state otherwise.

Application means the Provider’s application named WageNow, usable either as a mobile application (the “Mobile Application”) after installation on a Device, or as a web application accessible on the Website (the “Web Application”), and used for:

• creating the Recipient’s personal Account,
• logging into the Account,
• submitting Requests by the Recipient,
• displaying the Available Balance,
• displaying Reports.

Drawdown Cycle means the Relevant Period together with the period until the same day of the following calendar month, as agreed between the Recipient and the Employer in the Framework Agreement.

Due Date means the date on which the Monetary Value of WageNow™ is due; it is the Recipient’s payday after funds have been provided via WageNow™, when the Employer pays the Recipient the salary for the Relevant Period under the Employment Contract. If the Monetary Value of WageNow™ exceeds the Recipient’s net salary for the relevant Relevant Period, the Due Date for the excess is the Recipient’s next payday.

Cut-off Date means the day of the calendar month following the Relevant Period, as agreed between the Recipient and the Employer in the Framework Agreement.

Available Balance means the amount available under WageNow™ that the Recipient is entitled to request during the relevant Drawdown Cycle. It is set by the Provider based on the estimated net salary for time worked as of the drawdown date according to information provided by the Employer, reduced by amounts already provided via WageNow™ in that Drawdown Cycle, and it may not exceed the Monthly Limit. The Available Balance is regularly updated and displayed to the Recipient after logging into the Account.

Other Agreements means agreements between, inter alia, the Recipient and the Provider, in particular: (i) the Framework Agreement between the Recipient and the Provider defining the parties’ rights and obligations and the Drawdown Conditions; and, if concluded, (ii) the Wage Deduction Agreement under Section 551 of the Civil Code between the Recipient and the Provider, securing the Provider’s claims arising in connection with funds provided via WageNow™, and defining related rights and obligations.

Account means the Recipient’s user account in the Application created by the Provider based on information supplied by the Employer and subsequently activated by the Recipient; it is protected by the Recipient’s login (email) and password and serves to use the Application and the services provided through it.

Regulation means Regulation (EU) 2016/679 (GDPR).

Monetary Value of WageNow™ means the total amount of funds tied to the Relevant Period and provided to the Recipient by the Provider via WageNow™ in the relevant Drawdown Cycle.

PIN means the personal identification number created by the Recipient which, in the Mobile Application, enables identification when entering the Account and submitting Requests.

Drawdown Conditions means the conditions set out in the Other Agreements, all of which must be met to receive funds via WageNow™.

Provider is the administrator and provider of WageNow™ and the holder of copyrights and other IP rights to the Application. The Provider is Wage services EU s.r.o., Varšavská 715/36, Vinohrady, 120 00 Prague 2, Czech Republic, Company ID: 23118059, registered at the Municipal Court in Prague, Section C, Insert 421681.

Employment Contract means the agreement between the Recipient as employee and the Employer as employer, as amended.

Report means information about funds provided via WageNow™, including repayment status, displayed to the Recipient in the “Withdrawal History” section after login.

Recipient means a natural person employed by the Employer who, subject to agreed conditions, is entitled to draw funds via WageNow™.

Complaint means the Recipient’s claim requesting verification of the correctness and quality of services provided by the Provider via the Application which are subject to the Other Agreements.

Recipient’s Account (bank) means the bank account specified in the Employment Contract or another bank account that the Recipient has notified in writing to the Employer for salary payment.

Statement means a document generated by the Provider and sent to the Employer as of the last Cut-off Date, containing:

• the total funds provided within WageNow™ based on Requests in the Drawdown Cycle,
• the amount of funds provided within WageNow™ on the Cut-off Date,
• the total of all funds provided via WageNow™ by the Provider since the start of the contractual relationship that had not yet been repaid by the Recipient as of the statement date.

WageNow™ is a tool enabling flexible access to the Recipient’s salary in the form of providing funds corresponding to a portion of salary before the payday agreed between the Recipient and the Employer, either upon a Request or without a Request, such that the net salary for the Relevant Period—up to the Monthly Limit—is credited to the Recipient’s bank account no later than on the Cut-off Date.

Website means the Provider’s website www.wageservices.eu.

Device means a mobile phone, tablet, PC, or other device with internet access that meets the hardware and software requirements for using (and, where applicable, installing) the Application.

Employer means the company employing the Recipient which has concluded a cooperation agreement with the Provider defining the parties’ rights and obligations in connection with providing funds via WageNow™ to the Employer’s employees.

Agreement means a Request for funds via WageNow™ accepted by the Provider.

Request means a submission by the Recipient via the Application requesting funds via WageNow™ in an amount determined by the Recipient, up to the Available Balance.

Personal Data Protection Act means Act No. 18/2018 Coll. on the protection of personal data and on amendments to certain acts.

3. ACCOUNT CREATION

3.1 If the Drawdown Conditions and any other conditions under the Other Agreements are met, the Provider registers the Recipient in the Application.

3.2 After registration by the Provider, the Recipient receives an email invitation to activate the Account.

3.3 A condition for creating the Account is the Recipient’s confirmation that they have read and agree to these T&C.

3.4 Only after successful activation of the Account by the Recipient in accordance with the Provider’s instructions is the Account created and usable.

4. INSTALLATION, USE, AND FEATURES OF THE APPLICATION

4.1 Proper functioning and use of the Mobile Application and services provided through it require installation on the Device. The Mobile Application is available for download in the app stores (Google Play for Android; App Store for iOS).

4.2 The Web Application does not require installation. It is operated and managed by the Provider on the Website.

4.3 To use the Application, the Recipient must identify themselves by logging into their Account with their login details—email and password chosen during activation.

4.4 Use of the Application requires an internet connection (Wi-Fi, fixed, or mobile internet, depending on the Device).

4.5 After logging in, the following data are available in the Application:

(i) the Recipient’s name and surname,

(ii) the Available Balance,

(iii) the date of the next payday,

(iv) Reports.

4.6 The Recipient may, in particular, submit Requests via the Application as set out in Article 6.

5. LICENCE

5.1 By downloading and installing the Mobile Application, the Recipient creates a permanent copy of the Application on their Device. This copy is solely for the Recipient’s personal needs; commercial use and any integration into other solutions without the Provider’s prior express consent are prohibited.

5.2 The Provider grants the Recipient a personal, non-exclusive licence to use the Application. The Provider may cancel the non-exclusive licence if it later grants an exclusive licence to a third party.

5.3 The licence is granted for the duration of the Account or the Recipient’s access to the Application, or until the Application is discontinued.

5.4 The licence is granted for the territory of the European Union unless the Provider decides otherwise.

5.5 The licence does not include the right to modify, adapt, process, or create derivative works from the Application or any part thereof.

5.6 The licence under Article 5.2 is free of charge; however, in accordance with Article 7.1, the Provider may decide to charge for the licence.

5.7 The Recipient may not assign or sublicense the licence, in whole or in part.

5.8 This Article applies mutatis mutandis to all updates to the Application.

5.9 By creating an Account, using the Application, and/or downloading and installing the Mobile Application, the Recipient acquires no rights to the Application other than the right to use it in accordance with these T&C.

6. SUBMITTING REQUESTS AND PROVIDING FUNDS VIA WAGENOW™

6.1 The Provider will provide funds via WageNow™ to the Recipient based on the Recipient’s Request, including multiple times within one Drawdown Cycle, up to the Available Balance.

6.2 The Available Balance is determined by the Provider based on information the Employer regularly provides, in particular concerning:

• the Recipient’s net monthly or hourly wage,
• changes to the Employment Contract,
• fulfilment or non-fulfilment of the Drawdown Conditions,
• claims of third parties for wage deductions,
• petitions for insolvency regarding the Recipient,
• initiation of court and/or enforcement proceedings against the Recipient.

6.3 The Available Balance for the Drawdown Cycle is displayed in the Application and updated:

• regularly after information is provided by the Employer,
• after each submitted Request,
• after rejection of a Request by the Provider,
• after provision of funds via WageNow™,
• after repayment of the Monetary Value of WageNow™ by the Recipient.

6.4 The Recipient submits a Request by clicking “Request withdrawal” or “Withdrawal,” specifying the desired amount (up to the Available Balance). By clicking “Submit request,” the Recipient confirms the Request, consents to provision under the agreed terms, and sends it to the Provider. Submission constitutes an offer to conclude an Agreement addressed to the Provider. The Provider treats the data in the Request as correct.

6.5 Provided the Drawdown Conditions are met, the Provider accepts the Request. Upon acceptance, the Agreement is concluded. Acceptance will be shown to the Recipient in the Report.

6.6 The Agreement may be concluded only in the Slovak language.

6.7 The Provider will transfer the requested funds to the Recipient’s bank account without undue delay after acceptance, but no later than within three business days from submission of the Request.

6.8 In case of technical or other outages limiting the Application’s functionality, the period for sending funds via WageNow™ is extended by the duration of the outage.

6.9 There is no legal entitlement to funds via WageNow™ based on a Request. The Provider may reject a Request and thus not conclude an Agreement if the Recipient does not meet the Drawdown Conditions, the requested amount exceeds the Available Balance, or any Recipient data in the Account are incorrect or outdated. The Provider may also reject a Request if it contravenes applicable laws, these T&C, or if there is reasonable suspicion the Drawdown Conditions may not be met. Rejection will be shown to the Recipient in the Application in the Report.

6.10 The Recipient may cancel a Request before funds are transferred by the Provider to the Recipient’s bank account by sending the cancellation to help@wagenow.com.

6.11 Under Section 5(1) and (5)(c) of Act No. 266/2005 Coll. on Consumer Protection in the Provision of Financial Services at a Distance, as amended, the Recipient is entitled to withdraw from the Agreement without a contractual penalty and without giving a reason until the moment funds are transferred via WageNow™ to the Recipient’s bank account, but no later than 14 days from conclusion of the Agreement. The withdrawal notice shall be sent to help@wagenow.com; the period is deemed met if the notice is sent to the Provider no later than the last day of the period.

7. FEES FOR USING THE APPLICATION

7.1 Downloading, installing, and using the Application, as well as using the services provided and accessible through it, are free of charge for the Recipient; the Provider charges no fees.

7.2 Internet connectivity fees charged by the Recipient’s telecom/data provider are borne solely by the Recipient.

8. COMPLAINTS – PROCEDURE AND TIME LIMITS

8.1 If the Recipient disagrees with any transaction listed in the Reports, they may lodge a Complaint by email to help@wagenow.com without undue delay after discovering the issue.

8.2 The Provider shall decide on the Complaint without undue delay, no later than 15 business days from receipt. In justified cases where this period cannot be met, the Provider will send a preliminary written response; the final response must be delivered within 35 business days, and complex cases must be fully resolved within 6 months.

8.3 If the Complaint is justified and an unauthorised payment operation occurred, the Recipient must immediately return the disputed amount to the Provider’s bank account specified in the decision on the Complaint. If the amount has already been returned under Article 9, the Provider shall immediately return that amount to the Recipient’s bank account.

9. SETTLEMENT AND PAYMENT OF THE RECIPIENT’S MONETARY OBLIGATIONS TO THE PROVIDER

9.1 The Recipient undertakes to repay to the Provider the Monetary Value of WageNow™ on the Due Date:

• by designating the Provider’s bank account as the account to which a portion of the Recipient’s salary equal to the Monetary Value of WageNow™ shall be paid; or
• if not settled as above, by wage deductions executed by the Employer (payer of wages) under a Wage Deduction Agreement pursuant to Section 131(3) of the Labour Code (Act No. 311/2001 Coll.); or
• by another method based on a special agreement between the Recipient and the Employer and/or the Provider.

The basis for repayment is the Statements sent by the Provider to the Employer as of the last day of the Drawdown Cycle. Further prerequisites, conditions, and the manner of executing deductions by the Employer are set out in the Other Agreements and the Wage Deduction Agreement (if concluded).

9.2 The Provider performs settlement of all funds provided via WageNow™ to the Recipient and all funds repaid by the Recipient under Article 9.1. These data are also displayed to the Recipient in the Application via Reports.

10. RECIPIENT’S RIGHTS, OBLIGATIONS, AND LIABILITY

10.1 The Recipient must prevent disclosure of data about the Application.

10.2 The Recipient shall not use the Application in a manner that infringes the Provider’s rights in the Application and/or harms the Provider’s reputation and interests. Use for any purpose other than defined is prohibited. The Recipient declares they will not use the Application for purposes contrary to applicable laws, these T&C, or the Other Agreements.

10.3 The Recipient must protect their Device on which the Application is installed or used against loss, theft, or misuse; they must lock the Device as appropriate and prevent others from accessing the Account, including by logging out after use.

10.4 The Account is non-transferable and may be used by only one person. The Recipient must keep their login credentials confidential and may not allow third parties to use the Application via their Account. If they do, they are liable for that third party’s actions as if their own.

10.5 The Recipient is fully liable for any activities performed under their login and must compensate the Provider for damage caused by misuse.

10.6 In case of misuse of, or suspected compromise to, the Recipient’s login credentials, the Recipient must take all necessary steps to stop such state and notify the Provider without undue delay at help@wagenow.com. This does not affect liability for damage caused to the Provider.

10.7 In case of forgotten/lost/abused credentials or suspected abuse, the Recipient may request the Provider to generate new login credentials.

10.8 If the Recipient encounters any defect while using the Application, they may contact technical support at help@wagenow.com for resolution.

11. PROVIDER’S RIGHTS, OBLIGATIONS, AND LIABILITY

11.1 The Provider undertakes to protect the Recipient’s Account credentials and all Recipient data in its possession from unauthorised interference or misuse by third parties.

11.2 The Provider is not liable for damage caused by misuse of the login credentials by a third party on the Recipient’s side.

11.3 The Provider is not liable for damage arising from incorrect or inaccurate data supplied by the Employer or the Recipient.

11.4 The Provider is not liable for damage related to the use of the Application, nor for damage caused by non-functionality or unavailability of the Account due to events beyond the Provider’s control (e.g., power outages, transmission line failures).

11.5 The Provider may, without prior notice, cancel the right to use or temporarily/permanently block the Account (e.g., breach of contractual terms including those in the Other Agreements; enforcement/attachment of the Recipient’s bank account; suspicion of misuse; termination of employment with the Employer; delay in repaying WageNow™ funds; discovery of false data or forged documents).

11.6 The Provider may block the Application if its security is at risk (e.g., unauthorised or fraudulent use, or other reasons worthy of special consideration). The Provider will inform the Recipient of the blocking and its reasons without undue delay by sending a notice to the Recipient’s email specified during Account registration. The Provider bears no liability for possible unjustified blocking.

11.7 The Provider undertakes to provide the service and maintain the Application in compliance with legal regulations and to ensure its functionality except for cases beyond its control.

11.8 The Provider reserves the right to technical downtime for maintenance or deployment of new features and will inform the Recipient on the Website. The Recipient has no claim for damages due to non-functionality or Website unavailability.

11.9 The Provider may at any time implement/remove elements and features of the Application and update it, which may directly or indirectly affect the Application’s operation or services provided/accessed through it.

11.10 The Provider does not guarantee the Application will be accessible from any device used by the Recipient.

11.11 The Provider declares that the Application and its functionalities will be provided at a quality reasonably expected given their nature, purpose, and usage conditions under these T&C. In case of defects, the Provider declares they will be remedied within a reasonable time and in a manner determined by the Provider.

12. TERMINATION OF APPLICATION USE

12.1 The Recipient may terminate use of the Application at any time by logging out and, where applicable, uninstalling it.

12.2 After logout and/or uninstallation, the Provider will continue to archive the Recipient’s Account to enable re-activation if the Recipient later resumes use.

12.3 The Recipient may at any time request deletion of the Account by emailing help@wagenow.com. The Provider is not liable for damage caused by deletion under this Article.

12.4 Deletion of the Account does not terminate the Other Agreements unless separately terminated under their provisions, nor the rights and obligations arising therefrom.

13. ACCOUNT CANCELLATION AND TERMINATION OF THE CONTRACTUAL RELATIONSHIP

13.1 The Provider reserves the right to cancel the Recipient’s Account if, for any reason, the contractual relationship between the Provider and the Employer under which funds are provided via WageNow™ is terminated. In such a case, as of the date the Recipient is informed of such termination, the Other Agreements also terminate. Termination does not affect rights and obligations arising prior to termination, and the Recipient must settle all obligations from WageNow™ no later than on the Due Date.

13.2 The Provider and the Recipient may terminate the Other Agreements in writing without giving a reason. Notices are delivered electronically in PDF to the other party’s email unless agreed otherwise. The notice period is two months for the Provider and one month for the Recipient, starting on the day following the next Due Date after delivery. On the first day of the notice period, the Provider stops further drawdowns via WageNow™. If funds were provided prior to notice and not yet repaid, the notice period ends and the Other Agreements terminate only after the Due Date upon full repayment pursuant to Article 9.1, unless agreed otherwise.

14. PERSONAL DATA PROTECTION

14.1 By creating an Account and using the Application, the Recipient provides data which the Provider processes in the scope, manner, and for the purposes compliant with the GDPR and the Personal Data Protection Act; the Recipient’s Personal Data are processed in particular for: (i) identification and verification, (ii) use of the Application and processing Requests, (iii) communication and handling complaints, (iv) fraud control and prevention, (v) improving the Application, (vi) resolving the Provider’s disputes, (vii) direct marketing, (viii) resolving the Recipient’s disputes within granted consent, and (ix) activities related to the Provider’s archiving obligations.

14.2 More information on personal data processing by the Provider is published on the Website in the “Privacy” section and in the Application.

15. ALTERNATIVE DISPUTE RESOLUTION

15.1 If the Recipient is dissatisfied with how the Provider handled their inquiry, complaint, or Claim, or believes their rights were infringed, the Recipient may request redress by emailing help@wagenow.com.

15.2 If the Provider replies negatively to the Recipient’s request under Article 15.1 or does not respond within 30 days from the Recipient’s submission, the Recipient has the right to submit a proposal for alternative dispute resolution to a subject of alternative dispute resolution under Section 12 of Act No. 391/2015 Coll. on Alternative Consumer Dispute Resolution, as amended.

15.3 The competent ADR entity for disputes with the Provider is the Society for Consumer Protection (S.O.S.) Poprad, Bajkalská 2335/3, 058 01 Poprad, or another competent entity listed by the Ministry of Economy of the Slovak Republic (list available online). If several entities are competent, the Recipient may choose.

15.4 The Recipient may also use the EU online dispute resolution platform available at: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage.

16. FINAL PROVISIONS

16.1 The Provider publishes these T&C on the Website (www.wageservices.eu) and in the Application.

16.2 The Provider may unilaterally amend, update, or supplement these T&C at any time, in particular due to changes to the Application, operational needs, business decisions, or legislative changes. No prior or subsequent consent of the Recipient is required for validity/effectiveness. The Provider will notify the Recipient prior to the effective date by displaying a notice on the Website and/or in the Application and/or by sending a notice to the email address provided during Account registration. This fulfils the Provider’s notification obligation.

16.3 If any provision of these T&C is found invalid or ineffective, such invalidity or ineffectiveness shall not affect the validity or effectiveness of the remaining provisions.

16.4 These T&C enter into force and effect on 11/02/2022.