Deposit Trust Account Agreement

1. 1. Terms and Definitions

   1. Account Agreement - the Electronic Money and Payment Account Agreement.
   2. Agreement - this Deposit Trust Agreement that governs the terms and conditions of opening, managing, use and closing of a deposit account.
   3. Deposit Trust Account - the account opened to persons who hold the statutory right to have such an account so that they can manage and store the money entrusted to them by other persons as long as such money remains property of the beneficiary.
   4. Other terms used in the Agreement have meanings as defined in the General T&C, the Account Agreement, the Republic of Lithuania Law on Payments, and the Republic of Lithuania Law on Electronic Money and Electronic Money Institutions.

2. 2. Subject of the Agreement and Scope of Application

   5. In order to conclude the Agreement, You must have the Account opened for you by the Institution in which Your own funds are kept. In addition, You shall present to Us documents proving that You have the statutory right to open and hold the Deposit Trust Account.
   6. Under this Agreement, We undertake to open the Deposit Trust Account for You and You undertake to use the Deposit Trust Account solely according to its intended purpose and pay Us the fees for the services and transactions in accordance with the Standard Rates.
   7. The General T&C and the Account Agreement shall form an integral part of this Agreement. Provisions of the General T&C and the Account Agreement shall apply in cases both directly stipulated in the Agreement (e. g. termination of the Agreement) or not directly stipulated (e. g. applicable law and resolution of disputes) depending on the context. In the event of contradiction or discrepancy between the terms and conditions of the Agreement and the General T&C / the Account Agreement, the terms and conditions of this Agreement shall prevail, unless the Agreement states otherwise.

3. 3. Management of the Deposit Trust Account

   8. Only funds owned by other persons that have been entrusted to You on the temporary custody basis may be kept in the Deposit Trust Account.
   9. The Deposit Trust Account shall be opened in Your name but the funds therein shall be owned, by the ownership right or on other statutory grounds, by a specific beneficiary who has entrusted the funds to You or for the benefit of whom the deposit was made. Funds in the Deposit Trust Account shall not be subject to recovery under executive writs issued against You, unless the law establishes otherwise. In addition, the Deposit Trust Account shall not be debited based on payment orders placed by other persons including cases where You have given Your consent to execution of such payment orders.
   10. A payment order for the transfer of funds to the Deposit Trust Account must state, apart from other mandatory particulars that are specified in the General T&C, the owner of the funds being transferred to the Deposit Trust Account and the ground for the transfer (e. g. agreement, court decision etc.). The ground for the transfer of the funds shall be worded clearly, e. g. if the funds are transferred under an agreement, then the date and type of the agreement, parties to the agreement etc. shall be specified. Analogous requirements shall apply to payment orders for the transfer of funds from the Deposit Trust Account.
   11. You shall ensure that the funds are transferred from the Deposit Trust Account only to their owner or other persons who are entitled to receive them under the deposit conditions. We shall have the right to refuse to execute Your payment orders if We establish that they do not meet the condition stated in this Clause 3.4.
   12. In cases where We are unable to identify the owner of the funds kept in the Deposit Trust Account (e. g. You have not submitted documents on the basis of which we could perform such identification of the beneficiary, or the documents are unsuitable, unclear, inaccurate etc.), We have the right to suspend the debiting of the Deposit Trust Account until the owner of the funds is identified. In such a case, You shall assume full liability for the restriction imposed on the Deposit Trust Account. In order for Us to renew the performance of transactions under the Agreement, You shall submit to Us, within the time limit and in the format specified by Us, documents according to which We can identify the beneficiary.
   13. We have the right to request, at any time, that You submit to Us documents evidencing the ownership of the funds in the Deposit Trust Account, the actual use of the deposit, and the necessity of such use. Such documents shall be submitted within 5 (five) business days after receiving Our request.
   14. You agree that the Institution may debit Your payment account opened at the Institution with the fees for the services provided and transactions completed under this Agreement, at the rates specified in the Standard Rates. If You have more than one payment account with the Institution, We shall have the right to select the account for the debiting of such fees at Our own discretion, without a prior notice.
   15. Fees for the services provided and transactions completed shall be debited on the transaction date in the national currency or another currency at the exchange rate set by the Institution.
   16. The Deposit Trust Account shall not be linked to a payment card as a tool for using and managing the Deposit Trust Account.
   17. We shall have the right but not the obligation to check Your compliance with the conditions for the use of the Deposit Trust Account at any time. Should We find a breach of such conditions, We may suspend the use of the Deposit Trust Account and transactions therein until the breach is rectified and consequences thereof are eliminated.

4. 4. Termination

   18. The Agreement may be amended and terminated in the cases, on the grounds and according to a procedure set forth in the General T&C.
   19. We shall have the right to terminate the Agreement in accordance with the General T&C if You forfeit the right to have the Deposit Trust Account or are using it not according to its intended purpose.
   20. We shall have the right to terminate the Agreement without a prior notice if no transactions are performed in the Deposit Trust Account for longer than one year.
   21. Termination of the Agreement shall constitute a ground for the closing of the Deposit Trust Account.