Appendix 4: Form of Property rights Assignment Agreement (WMR). Appendix 5: Form of Offer to Execute a property rights Assignment Agreement (WMU). Appendix 6: Form of Property rights Assignment Agreement (WMU). I, owner wmid do hereby offer the owner of wmid _ (the debtor) to execute a property rights Assignment Agreement in accordance with the rules of Operations in the webMoney transfer Debt Service on the following conditions: Amount of assigned property rights: _ (in wmz. Payment period: _ days as from the date of receipt. Payment frequency -. The Property rights Assignment Agreement is entered into subject to the Assignees implementation of a security in the form of promissory notes in paymer format in the debt Service; the amount of the security shall be calculated in accordance with this Offer. The Offer shall be valid starting from the date of its acceptance by the Assignee and up to it being recalled, or up to the execution of the Property rights Assignment Agreement.
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8.2 hereof as well as cases where a party(ies) refers (refer) a dispute to a court of the Assignors or the Assignees country of registration under the terms of the Agreement. If a dispute is referred to the webMoney transfer Arbitration Service for settlement on its merits, the Arbitration award of the webMoney system shall have legal force for and be binding on the parties. All disputes between a participant and the service arising out of these rules shall be settled by a competent court of the service Owners (Operators) country of registration. All amendments and supplements to these rules shall be adopted in the form of a new version of these rules. A new version of these rules shall be approved by the service Owners (Operators) decision. A new version of these rules shall come into force seven calendar days after its publishing at the services official website at:. Appendices the to the rules.1. The following documents are appended to these rules: Appendix 1: Form of Offer to Execute a property rights Assignment Agreement (WMZ). Appendix 2: Form of Property rights Assignment Agreement (WMZ). Appendix 3: Form of Offer to Execute a property rights Assignment Agreement (WMR).
In this case, the Assignor shall not be liable for margaret failure to provide property rights in accordance with the established Trust Limit (the Offer). Each Party shall be fully liable for the acts performed within the service, including for those performed on behalf of the parties in case of losing control over their WebMoney keeper or of unauthorized access thereto through the parties fault. The service shall not be liable for repaying the debt amount under the Agreement to the Assignor when the enforcement is impossible due to the fact that the Assignee was debarred from the system as per an Arbitration award in the manner established by the. Upon termination of circumstances referred to in para. Hereof, the parties shall continue to perform their obligations under the Agreement if during such period the Assignor did not use his/her/its right to receive promissory notes of the Assignee held by the service as security. Settlement of disputes under executed agreements.1. All disputes arising in connection with fulfillment/non-fulfillment of these rules, including those relating to execution and/or settlement of Transactions, shall be settled by the parties by means of negotiations. Any of the aforesaid disputes that were not solved by negotiations shall be referred to the webMoney transfer Arbitration Service for settlement on its merits, except for cases stipulated by para.
No extra compensations and claims except for proposal those stipulated by the Agreement shall be made for completion of settlements. Liabilities of the parties and the service.1. The executed Agreement is a legal instrument verifying property relations between the Assignor and the Assignee registered in the service and verified by analogues of the parties (Agreement parties) signatures, including their electronic signatures. The parties assume property responsibility in accordance with the laws and regulations of the country of registration of the Assignor indicated during his/her/its registration in the webMoney transfer System, unless otherwise provided by the Agreement. The functionality of the automated Service does not allow any deviations from these rules in both Assignees and Assignors actions. The Assignees violation of payment terms and conditions under the Agreement shall result in changing the functionality of the Assignees wallets and providing the Assignor with interfaces for payment of the Assignees debt in accordance with these rules. If, as of the execution of the Agreement, the details indicated by the Assignor in the Offer do not contain the required property rights amount, the Agreement shall not be executed.
The Assignee shall authorize the service to arrange the transfer of property rights from the Assignees details towards paying the debt under the Agreement on behalf of the Assignee by providing the Assignor with the relevant interfaces. In such case, the Assignee recognizes these transactions as performed on his/her/its behalf and verified by an analogue of his/her/its signature, including his/her/its electronic signature. Where there is no necessary amount of property rights at the Assignees details, he/she/it shall authorize the service to arrange debt payment as under the Agreement by the Assignees execution of an Agreement(s) with other Assignees Correspondents. In this case, such Agreements shall be executed automatically on behalf of the Assignee for the required amount starting from Correspondents who/which have set the lowest price (cost) under the Agreement. In case the maturity period under the Agreement has expired and it is impossible to pay the debt in accordance with para. Of these rules, the Assignee shall authorize the service to pay the debt under the Agreement by transferring promissory notes of the Assignee in paymer format in the amount equal to the outstanding debt or empowers the Assignor to initiate the suspension of services provided. The service immediately notifies the parties about activities related to the payment of the debt.
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If the Assignee fails to effect payment under the Agreement within the stipulated deadline after notification, the Assignor may, via interfaces provided by the service, transfer property rights from the Assignees details in the amount equal to the debt amount using the request payment option. If the amount of property rights at the Assignees details is insufficient to pay the debt under the Agreement, the Assignor may discharge the Assignees debt by means of the Assignees execution of an Agreement with other Assignees Correspondents; in this case, such agreements shall. Fulfillment of obligations under property rights assignment agreements in case of the assignors unilateral repudiation.1. The Assignor shall have the right, at any time during the term of the Agreement, to unilaterally repudiate the Agreement to the extent of granting the Assignee a payment deferral by demanding the transfer (return) of property rights of claim to the Assignor or payment. The Assignor may unilaterally repudiate Agreement to the extent of granting the Assignee a payment deferral by means of performing the request payment operation via service interface as described in para. Of the rules.3.
If the Agreement has not expired and it is early payment of outstanding debt is impossible, including because the Assignee has neither property rights at the Assignees wallets nor secured Offers from other Correspondents, early payment of outstanding debt by promissory notes of the Assignee. Promissory notes of the Assignee in paymer format may be transferred to the Assignor upon his/her/its responsibility request only after the end of the maturity period under the Agreement or if the debt under the Agreement cannot be paid by any other means through the interfaces. The service shall notify the Assignee about any operations for early termination of the Agreement performed by the Assignor. Fulfillment of obligations under property rights assignment agreements in case of non-performance of the agreement by the assignee.1. This Chapter sets out grounds and procedures for performing special operations in case of the Assignees improper fulfillment of his/her/its obligations under the Agreement. In case of the Assignees failure to fulfill his/her/its debt payment obligations in due time, the following procedures are in place in the service for performing special operations:.2.1.
Where it is impossible to make current payments in good time, the Assignee shall entrust the automated Service with providing the Assignor with interfaces for debt return at the expense of execution of a new Agreement on behalf of the Assignee with other Assignees Correspondents. In the event that the Assignee has any debt to the Assignor after the due date under the Agreement, and that it is impossible to pay such debt at the expense of execution of new Agreements with other Correspondents, the Assignor shall be entitled. Upon receipt of such demand, the security shall be immediately transferred to the Assignee by the automated Service, payments under the Agreement shall be recognized by the Assignor as effected in full, and the Agreement shall be deemed fulfilled. Procedures for fulfilling executed property rights assignment agreements by the service.1. The automated Service shall register the Agreement executed between the parties and perform operations for assignment of property rights from the Assignor to the Assignee only if the following conditions are fulfilled: the parties have identified each other by means of adding each other. An Agreement between the parties shall be deemed to be executed and the assignment of rights shall be deemed to be completed as of the registration of the amount of rights of claim referred to in the Agreement and expressed in the corresponding amount.
The Agreement is considered to be fulfilled when the Assignor receives from the Assignee all outstanding amounts or receives from the Assignee property rights in the amount equal to the debt amount as per the Agreement. In cases when payments were settled by the service by transfer of security (promissory notes of the Assignee in paymer format the date of fulfillment shall be the date of transfer of security amount equal to the debt amount. Payment under the Agreement shall be made by the Assignee in accordance with the terms and conditions of the Agreement and trust limits when due. Assignment of property rights in the amount equal to the debt amount under the Agreement shall be carried out through registration of the amount of rights of claim referred to in the Agreement and expressed in the corresponding amount of title units at the Assignors. Property rights shall be assigned by the Assignee to the Assignor through interfaces provided by the service. Notifications of maturity under the Agreement shall be sent by the service to the parties via internal mail and/or via the webMoney keeper interface.
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The total allowed limit is established by the service for each Assignee individually on the basis of the algorithm implemented by the service Owner for limiting the maximum liability of transaction Participants and summary does not depend on intentions of the parties to the Property rights. A property rights Assignment Agreement shall be deemed to be executed and the assignment of rights shall be deemed to be completed as of the registration of the amount of rights of claim referred to in the Agreement and expressed in the relevant amount. A property rights Assignment Agreement shall be registered by the automated Service only subject to the receipt of the Assignees promissory notes in paymer format for the amount of obligations equal to double of the debt amount under the Agreement as security of the Assignees. When executing an Agreement, the Assignee entrusts the automated Service and authorizes it to perform the following actions on his/her/its behalf: to carry out necessary transactions from the wallet stated in the Agreement to the Assignor in accordance with the terms and conditions of the. The Assignee shall independently effect payments under the Agreement to the Assignor in accordance with the terms and conditions of the Agreement. In the event of violation of the deadlines for or amounts of payment the automated Service shall provide the request payment interface to the Assignor. Payments under the Agreement shall be deemed effected in full, and the Agreement shall be deemed executed upon the Assignors receipt of full payment amount from the Assignee or upon receipt of property rights from the Assignee in an amount equivalent to the debt amount.
The remainder of the amount of property rights set forth in the Offer also may be transferred for value on the basis of a property rights Assignment Agreement. This procedure can be repeated until the transfer of the entire volume of property rights set forth in this Offer. The Agreement shall be executed and the assignment of property rights shall be deemed to be completed as of the registration of the amount of rights of claim referred to in the Agreement and expressed in the corresponding amount of title units at the Assignees. Executed Agreements shall be verified by participants using an analogue of their signatures provided by webMoney transfer System, including by the parties electronic signatures. Procedure of execution and performance of property rights assignment agreements by the assignee.1. Within the framework of the service a participant may enter into Property rights Assignment Agreements only with those system Participants who/which are his/her/its Correspondents, who/which are personally known to the participant and from whom/which it received and accepted an Offer containing business the terms and conditions. A property rights Assignment Agreement shall be executed at the Assignees request under the terms and conditions of the Assignors Offer in the amount not exceeding the total allowed limit of the Assignees obligations registered in WebMoney transfer System established by the service for this.
event of its early termination. An obligatory condition for execution of a property rights Assignment Agreement between Participants is the Assignees provision of his/her/its promissory notes payable to bearer in paymer format to the service as security for fulfillment of the agreement with the Assignor for the amount of property. The participants issue of an Offer to his/her/its Correspondent means his/her/its express agreement to the services transferring of an equal part of this security to the participant as final settlement under the Property rights Assignment Agreement to be executed if the Assignee does not fulfill. The participant may at any time until the execution of the Agreement recall the Offer or propose a new Offer with different terms and conditions. In such case, the conditions of existing Property rights Assignment Agreements between the participants shall not change. The accepted Offer shall be registered in the service. The services statement of the participants operations shall be an official confirmation of the participants agreement with the terms and conditions of the Agreement and shall be accepted by the participants in evidence of their obligations. Operation protocols are stored in the electronic archive of the service and may be forwarded to participants upon their request. A property rights Assignment Agreement may be executed for a part of the amount of property rights set forth in the Offer.
By authorizing their Correspondents, participants assume responsibility to verify the professional identity of their Correspondents when performing operations with them. The Offer to execute a property rights Assignment Agreement shall be made by participants by means of forwarding a formalized request establishing Trust Limits to their Correspondents. In an Offer the participant offering to execute such an Agreement may, at any time while it is accepted by the other party, establish payment amounts, period and procedure, as well as the wallet from which title units will be transferred. The interface for issuing an offer is available to any participant in the correspondents menu of WebMoney keeper. Upon receipt of such Offer the participant may refuse to accept the terms and conditions of the Offer or to accept them. In such case, both the initiators Offer and the correspondents agreement shall be registered in the service. Acceptance of an Offer by a participant means his/her/its agreement to the terms and conditions of the Property rights Assignment Agreement offered by the correspondent, provided that title units under the Agreement are accepted by the participant.
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Participants assume all responsibilities for the powers (actions) of the service and paymer System registering father's operations of the participants and carrying out the necessary automatic procedures under the instructions of Participants. The act of a participants performance of operations in the service shall be considered as the participants unconditional approval of the services and paymer Systems authority to register operations and as confirmation of validity of executed agreements and performed operations. In order to use the automated Service, the participant agrees to grant Correspondents with which/whom such Participant will perform operations access to personal data stated during the registration in the webMoney transfer System. Messages exchanged between the parties when executing Property rights Assignment Agreements shall contain a reference to these rules. All settlements between Participants under Property rights Assignment Agreements executed in accordance with the rules shall be made involving only those participants wallets which are designated when defining limits in WebMoney transfer System, unless otherwise provided in a property rights Assignment Agreement. At the instructions of Assignees, the service shall ensure fulfillment of Parties obligations under executed Property rights Assignment Agreements by ensuring that Assignors are able: upon occurrence of due dates under the Property rights Assignment Agreement, to return property rights contained in any Assignees wallets;. Procedure for issuing offers for paid assignment of property rights (stipulation limit conditions for the correspondent) by assignors.1. Any system Participant may, within the framework of the service, make an offer to another system Participant to execute a property rights Assignment Agreement if they are both authorized Correspondents,. They have added each other to the list for exchanging messages, invoices and transactions.