1. TERMS USED AND THEIR EXPLANATION
Nekster– company NEKSTER, financial management, d.o.o., Cesta v Kleče 15, Ljubljana, 1000
Ljubljana, Registration number: 6098371000, represented by director Nejc Apšner and director Aleksandar Zečevič.
Assignment Agreement – a legal transaction by which the cedent resigns his claim to the cessionary.
Cessionary – a person who has taken over a claim from the cedent on the basis of the Assignment Agreement
Cedent – a person who has concluded the Assignment Agreement with the cessionary
Application – NEKSTER application with which NEKSTER is entitled to provide the Investors with access rights to Investors’ profiles or access rights to the individual functionalities of the Investor’s profile, by means of a mobile device.
Assignor – a person who, in accordance with the Assignment Contract from the Assignor, is authorized to accept on its own behalf the fulfilment of obligations arising from the Assignment Agreement from the Assignor’s debtor.
Assignment Contract – a contract concluded by Assignor, Assignor’s debtor and Assignee and is compromised by two unilateral transactions, namely Assignor’s authorization to Assignor’s debtor to pay the claim on his behalf to Assignee and Assignor’s authorization to Assignee to accept this fulfilment on his own behalf.
Assignee’s bank account – a current account opened in the Assignor’s name with a credit institution registered in the Republic of Slovenia, foreign credit institution branch in Slovenia, or a credit institution registered in another European Union Member State.
Assignee – a natural person or a legal entity, who is authorized to accept the repayment of the claim from the Assignor’s debtor.
Price List – the fees specified on the Website which the Investor must pay to NEKSTER for the services regarding the Claim and for other services provided by NEKSTER.
Investor – A natural person or a legal entity that has registered on the Website as an Investor and wants to purchase Claims of the Assignor that are offered on the Website, including a natural person or a legal entity that has purchased the Claim.
Investors identification number – number assigned to the investor by NEKSTER and is needed for further identification of the investor and must be indicated when transferring funds for the purchase of the claim – balance of the Investor’s profile.
Investor’s bank account – A current account opened in Investor’s name with any credit institution registered in the Republic of Slovenia, foreign credit institution branch in Slovenia or a credit institution registered in another European Union Member State.
Investor’s profile – Operational platform registered on the Website, which is available to the Investor after the registration on the Website (with e-mail address and password). Among other things, the Investor’s profile shall contain information regarding transactions conducted by the Investor and the balance of the Investor’s profile.
Balance of the Investor’s profile – the amount of funds that are considered as an advance for the fulfilment of the Investor’s mandate for repurchase for the payment of the cost of the claim, i. purchase of the claim. Information about the Investor’s profile are indicated in the Investor profile on the Website. Balance of the Investor’s profile can be increased, reduced, any deductions can be deducted, even when paying to the investor in accordance with the Assignment Contract. Other measures may also be adopted in accordance with the procedure laid down in the contract and / or by the law. Occasionally, the Investor’s profile may have a negative balance, which is considered as an investor’s debt to NEKSTER, which the investor must settle immediately after the negative balance of the Investor profile has been established.
Website Terms of Use – these terms and conditions of the NEKSTER’s user agreement specified on the Website and the Website terms of use, described in other contracts between NEKSTER and the investor, as well as other terms and conditions set out on the website that bind each investor.
User Agreement (hereinafter referred to as “the Contract”) – a distance contract between NEKSTER and the investor on how to use the website and the Investor’s profile and the mandate is in compliance with the Website terms of use.
Website – The internet website with the address www.nekster.eu (www.nekster.com), where natural persons or legal entities may register as Investors, make Investor’s profile, and where there is available information on the acquisition of the Claims. Application within the meaning of this Assignment Contract is regarded as an integral part of the Website.
Servicing the Claim – a set of actions carried out by NEKSTER in accordance with and in connection with the Agreement and the Assignment Contract for sale of claims and transfer of funds to the Assignee and other activities mentioned on the Website.
Price of the Claim – A fee charged by the Assignor to the Assignee for the sale of the Claim. The Price of the Claim is set out in the Main Terms of the Assignment Contract.
Claim – a claim against the debtor held by Cedent and as specified in the main terms and conditions of the Assignment Contract in its entirety or in any part thereof. The amount of the Claim is specified in the main terms and conditions of the Assignment Contract.
Registration form – A form sheet, which is filled by a natural person or a legal entity on the Website for the purpose of registering as an Investor.
Third party – Any natural person or legal entity that is not a contracting party to this Agreement.
2. INVESTOR’S REGISTRATION ON THE WEBSITE
2.1. In order to register on the Website and create an Investors profile, the Investor must fill out the registration form on the Website and accept the conditions of the Contract and the conditions for Website terms of use
2.2. The Investor hereby confirms and guarantees that at the moment of submitting the Registration form, during the registration on the Website and during the entire time of use of the Investor’s profile, he/she meets the following conditions:
2.2.1. the Investor is a natural person or a legal entity;
2.2.2. if the Investor is a natural person, he/she must be at least 18 (eighteen) years old;
2.2.3. the Investor has opened a current (transaction) account in the credit institution registered in the Republic of Slovenia, a branch of a foreign credit institution in Slovenia or any credit institution registered in any other European Union Member State;
2.2.4. the Investor has legal capacity, and its legal capacity has not been restricted;
2.2.5. the Investor is not under the influence of alcoholic, narcotic, psychotropic or other intoxicating substances;
2.2.6. a bankruptcy procedure or any other similar procedure has not been initiated against the Investor;
2.2.7. the Investor has all necessary permissions and consents if such are necessary to register on the Website, enter into Assignment Contract and take any actions in accordance with the Agreement and Assignment Contract;
2.2.8. all information provided by the Investor in the Registration form and also during the validity of the Contract are accurate and true;
2.2.9. the Investor is the beneficiary of the transactions made on the Website by the Investor.
2.3. NEKSTER, after the receipt of the Investor’s Registration form, and after its conformation, NEKSTER shall create the Investor’s profile on the Website and assign the Investor’s identification number to the Investor.
2.4. The services specified on the Website may only be received by registered Investors in accordance with the terms and conditions of the Contract, and the Investor’s profile may only be used by the registered Investor, who prior to using the Investor’s profile logs into the Investor’s profile by indicating its e-mail address and a password created by the Investor.
2.5. NEKSTER is not obliged to register an Investor and may refuse Investor’s registration without explanation.
2.6. NEKSTER has the right to request verification of the provided telephone number by sending to the Investor an SMS confirmation code, which the Investor enters in the appropriate form upon registration.
3. INVESTOR’S IDENTIFICATION AND THE CONCLUSION OF THE CONTRACT
3.1. NEKSTER conducts client review (due diligence) for business compliance review or business upon registration on the site. In the case of insignificant risk, NEKSTER reserves the right, during the conclusion of business relationship or during the first transfer of the funds for increase of investor profile, to verify the identity of investor in accordance with legally permissible reason, necessary to not interrupt the usual way of conducting business. NEKSTER reserves the right to terminate the provision of services in case that the information on the payment order for increasing the status of the investor profile does not match the information provided by the investor at registration.
3.2. The Investor must submit to NEKSTER a copy of its valid personal identification document in an electronic form, by uploading it to the Investor’s profile at the place specified for that purpose. NEKSTER may check the validity of the document. NEKSTER is entitled to prohibit the Investor to acquire the Claims until the Investor has submitted to NEKSTER a copy of its valid personal identification document and until NEKSTER has checked its validity.
3.3. For the purpose of identification, NEKSTER reserves the right to require additional identification documentation or additional information that would confirm the identity of the Investor or other information about the Investor.
3.4. NEKSTER is entitled to unilaterally change the rules of identification of the Investor and the process of the identification and can define additional requirements for the identification of the Investor.
3.5. By depositing the Registration form and transferring funds from its bank account to the NEKSTER bank account, Investor concludes the Contract, uses the website and other services that are offered in accordance with the Contract and the Website Terms of Use.
3.6. The Contract between NEKSTER and the Investor shall come into force from the moment the Investor has accepted the Website Terms of Use on the Website and when NEKSTER has identified the Investor
3.7. The Investor shall be informed about the conclusion of the Contract with the receipt of an electronic massage. Investor’s profile contains an indication that the contract has been concluded
3.8. The Investor can become acquainted with the concluded Contract and with all performed and approved activities on the Website, including concluded contracts, in its Investor’s profile.
3.9. Authentication of the Investor in the Investor’s profile shall be done by the Investor providing its e-mail address and password.
3.10. The Investor shall not disclose its Investor’s password to any Third Party. If the password has become available to a Third Party, the Investor is obliged to immediately change it and at the same time promptly inform NEKSTER of the password becoming available to Third Party, with a request to block the Investor’s Profile until the Investor changes the password.
3.11. If the Investor is a legal entity which has filed the Registration form and has transferred funds from the Investor’s bank account to NEKSTER bank account, NEKSTER is entitled to identify the statutory representative or any other natural person who is the beneficiary of the Investor, and to identify the relevant legal entity as an Investor.
4. BALANCE OF THE INVESTOR’S PROFILE
4.1. Transfer of fund based on the Contract to NEKSTER’s bank account is in accordance with the provisions of XVII. chapter of the Obligations Code of Republic of Slovenia – Order Contract (mandate), and is considered as the necessary instrument for the fulfilment of the order, that is purchasing the claims from the Assignor. The relevant amount of cash is essentially a claim (against the bank), which NEKSTER has acquired in the name and of account the Investor and only for the purpose of fulfilling the mandate of an authorized person. After the receipt of funds, NEKSTER tops up the balance of the Investor’s profile for the amount of the funds received. The Investor confirms that when transferring funds to NEKSTER’s bank account he/she will not fully deposit the mentioned funds as part of NEKSTER’s funds, but instead he/she will retain the necessary rights to the claim against NEKSTER for the amount specified in the Investor’s profile. There will not be interests for the transferred funds.
4.2. A positive balance of the Investor’s profile is considered as an advance payment by the Investor to NEKSTER for the purpose of purchasing claims in line with the procedure specified in the contract and on the basis of the mandate. A negative balance of the Investor’s profile is considered as debt to NEKSTER, which the Investor has to pay at the request of NEKSTER, immediately after the negative balance of the Investor’s profile has been established.
4.3. The investor can transfer funds to the investor’s profile only in his own name and only from his own bank account. However, from second transfer of funds, the transfer can also be made by other payment service providers.
4.4. To transfer funds to the Investor’s profile, the Investor must state its Investor’s identification number in the order.
4.5. If NEKSTER receives a payment from the Investor which cannot be identified as made by the Investor for the top up of the balance of the Investor’s profile, such payment shall not be deemed as received, and further transfers of funds to the Investor’s profile will not be possible until NEKSTER has identified this payment. NEKSTER is entitled to return the payment if NEKSTER is unable to identify it.
4.6. The balance of the Investor’s profile shall also be increased in the order prescribed by the Assignment Contracts when the balance of the Investor’s profile is increased by the payments received in accordance with the Assignment Contract.
4.7. The Investor cannot request any interest payments from NEKSTER, including legal interest or any other remuneration of Investor’s profile’s balance.
4.8. The Investor hereby authorizes NEKSTER to use the balance of the Investor’s profile by reducing it within the limits of the available balance, in accordance with the terms and conditions of the Contract and in accordance with the actions taken by the Investor in the Investor’s profile.
4.9. The Investor may at any time request NEKSTER to disburse the balance of the Investor’s profile to the bank account, from which the Investor has previously made transfers to the NEKSTER’s bank account. In the event of materially changed circumstances resulting from force majeure, as an event that could not have been foreseen, anticipated, avoided or averted and was caused from an outside source and is not a direct consequence due to the conduct of either party, which includes but is not limited to emergencies, natural disasters, pandemics and other actions of state or public authorities that have direct or indirect effects on the operation of NEKSTER, NEKSTER will approach the investor with a proposal regarding changes to the rights and obligations arising from the subject terms and conditions for the usage of the website, which also includes but it is not limited to deadlines.
4.10. Once NEKSTER has received the Investor’s request regarding disbursement of the balance of the Investor’s profile and starts to process it, NEKSTER is entitled to refuse any use of the requested balance for making investments or taking any other measures with this balance.
4.11. NEKSTER shall ensure disbursement of the requested balance of the Investor’s profile or a part thereof within the limits of the available balance to the Investor within 2 (two) bank business days after the day when the Investor’s application is deemed to be received. If it is impossible to disburse the balance in the aforementioned term due to the Investor’s fault or any other reasons out of NEKSTER’s control, the aforementioned term shall be deemed to be extended until the relevant obstacles have been eliminated, and NEKSTER shall not be held liable for the delay of the payment due to such causes.
4.12. Balance of the Investor’s profile shall be reduced by the balance disbursed to the Investor.
4.13. In order to ensure fulfilment of the Contract, Assignment Contract or any other actions, NEKSTER may, without prior coordination or approval of the Investor, reduce the balance of the Investor’s profile, by directing the funds to the NEKSTER’s bank account or to any other person in accordance with the actions taken by the Investor on the Website and in the Investor’s profile.
4.14. The Investor agrees to top up the balance of the Investor’s profile only with funds of legal origin, which the Investor can prove at any time.
4.15. The Investor has been informed that it is prohibited to top up the balance of the Investor’s profile with funds obtained dishonestly or illegally. In case of any suspicious activity NEKSTER may inform the relevant authorities and may block access to the Investor’s profile.
4.16. If the Investor’s profile is closed and/or deleted on NEKSTER’s initiative, NEKSTER may disburse all of the balance of the Investor’s profile without prior warning or coordination with the Investor to any Investor’s bank account from which the Investor has previously made a transfer to NEKSTER.
4.17. NEKSTER has fulfilled its obligations regarding the disbursement of funds to the Investor, when the funds have been paid out of any bank account of NEKSTER at its own discretion. NEKSTER shall not assume responsibility for crediting these funds into the Investor’s account. If after disbursement of the funds to the Investor, they are returned to NEKSTER due to any reason, NEKSTER shall not be obligated to inform the Investor regarding the return of the funds. In any case, the Investor must check the data regarding the receipt of the funds and ensure that it can receive the transfer made by NEKSTER to the Investor’s bank account from which NEKSTER has previously received funds from the Investor.
4.18. NEKSTER is entitled to but not obliged to pay funds to the bank account of the Investor (other than that referred to before), only if the Investor certifies that all Investor’s bank accounts from which Investor previously made transfers to NEKSTER have been closed, and therefore transfer of funds may not be made.
4.19. NEKSTER is entitled to withhold part of funds used for payment in case Investor has a debt to NEKSTER.
4.20. NEKSTER is entitled to withhold form the balance of the Investor’s profile and/or from the funds for remittance to Investor in the event that NEKSTER is liable to detention on the basis of law or other legal remedy. 5. Purchasing of Claims
5. PURCHASE OF CLAIMS
5.1. When NEKSTER has identified the Investor, the Investor may purchase the Claims offered on the Website, provided that the balance of the Investor’s profile is sufficient for the purchase of the selected Claim.
5.2. When purchasing the Claims, the Investor shall comply with the following terms:
5.2.1. The Investor is entitled to choose one or more Claims from all the Claims that are offered on the Website;
5.2.2. If the Investor wants to purchase only a portion of the Claim, the Investor shall specify the amount that the Investor is willing to pay for the portion of the respective Claim;
5.2.3. The Investor is entitled to purchase an unlimited number of Claims against a Borrower both in the full amount and in any portion thereof;
5.2.4. The Investor may purchase the Claims for an amount not exceeding the available balance of the Investor’s profile.
5.3. NEKSTER shall record the Investor’s applications to purchase Claims in chronological order, starting with the oldest. NEKSTER shall be entitled to change the order for the purchasing of Claims.
5.4. By submitting the application to purchase the Claim, the Investor shall irrevocably authorise NEKSTER to use the balance of the Investor’s profile to pay the Price of the Claim to the Assignor.
5.5. After selecting the Claim and indicating the price, which the Investor agrees to pay for the Claims, NEKSTER shall inform the Investor in the Investor’s profile of the selected Claims and submit the Assignment Agreement to the Investor for review and its approval. If the Investor agrees to signing the Agreement, the Investor approves it in its Investor’s profile.
5.6. The Assignment Contract shall be deemed to be concluded at the moment when the Investor has confirmed the terms of the Assignment Contract, and NEKSTER has directed the necessary part of the balance of the Investor’s profile for the payment of the Price of the Claim to the Assignor.
5.7. After entering into the Assignment Contract the concluded Assignment Contract is available in the Investor’s profile throughout the period of its validity.
5.8. NEKSTER shall ensure information on the Investor’s profile regarding the Claim of the concluded Assignment Contract, as well as the Claim repayment information.
5.9. All documents regarding the Claim shall be kept by the Assignor or other person indicated in the Assignment Contract, and shall not be transferred to the Assignee.
5.10. In the event that the Assignee has only purchased a part of Claim, the Assignee is aware and agrees that the Claim does not include all the claims of the Assignor against the Borrower, and NEKSTER is only entitled to service the Claim in favour of the Assignee for the portion of the Claim against the Borrower that had been acquired by the Assignee.
5.11. NEKSTER carries out payments under authorization from the Assignor, and delivers to the Assignees all received payments for fulfilment of obligations arising from the Assignment Contract. And thereby increasing the balance of the Investor’s profile pursuant to the amount and procedure specified in the Assignment Contract.
5.12. Prior to increasing the balance of the Investor’s profile in accordance with the Assignment Contract (Assignor’s authorization to NEKSTER to repay the claim to the Assignee), NEKSTER is entitled to withhold part of the funds in accordance with the Price List indicated on the Website.
5.13. The Investor is entitled to become acquainted with all actions that were carried out in the Investor’s profile, including payments made and received, subject to the restrictions set forth in the Contract
5.14. In the event that during the use of the Investor’s profile some Investor’s activities have been recorded incorrectly, NEKSTER is entitled to correct the respective errors and to make adequate changes to the Investor’s profile.
5.15. In the case that NEKSTER finds that the Investor’s profile has a negative balance, NEKSTER shall notify the Investor, who will be obliged to top up the balance of Investor’s profile by an amount which is sufficient to cover the negative balance in full, no later than within 5 (five) days after receiving the notification from NEKSTER.
5.16. Individual investments offered to the Investor are marked with the Failure Score of the Debtor of the credit rating company Bisnode d.o.o. and Nekster Ranking, which is NEKSTER’s internal financial assessment prepared on the basis of the Debtor’s diligent and timely fulfilment of its contractual obligations.
5.17. Before publication each investment goes through a two-stage system for prevention of bad loans. In addition, investments are insured against defaults at Acredia Versicherung AG, Euler Hermes Group, under the insurance contract (link).
NEKSTER also provides additional guarantees for certain investments – Buyback Guarantee (BG) or Payment Guarantee (PG).
PG – an investment with this label has a guarantee that the investment is insured with a insurance company against default. In case of damage case of investment with this label, the recovery process begins after 30 days. If no repayment has been made within 30 days of the start of the claim, the insurance company shall pay the claim in accordance with the insurance policy.
BG – label enables the investor to terminate the investment at any time. Includes an additional guarantee with insurance company against default. In case of damage case investments with this labe, NEKSTER buys back the investment after 30 days (the 31st day) since the occurrence of the damage case, and proceeds to recover according to the insurance policy.
Investments posted on the platform are additionally guaranteed with a security fund. NEKSTER contributes funds to the security fund based on the default risk level, which guarantees payment of damages BG no later than 30 days after the occurrence of the damage case. For classification as a damage case the claim must meet the criteria of the general terms and conditions of Acredia Versicherung AG (link).
5.18. Pursuant to the provisions of these Terms, Investments in the Investor Profile are marked with the following status – Active, Paid, Delay, Recovery, Non-payment, Damage, Repayment.
6. AUTO INVEST
6.1. The Investor shall be entitled to purchase Claims by using the automatized process for purchasing the Claims “Auto invest” (hereinafter “Auto invest”) in its Investor’s profile. NEKSTER offers two forms of Auto invest, a pre-prepared Auto invest Strategy that provides the highest possible level of liquidity, with investing limited to BG (Buyback Guarantee) investments only; and Customized Auto Invest A strategy in which the Investor sets the parameters of the investments in which he/she is ready to invest, but still the actual implementation of the investment is automated.
6.2. If the Investor wants to activate Auto invest in the Investor’s profile, the Investor must give his/hers consent for the conclusion of the Assignment Agreement pursuant to the wording of the Contract, which is in force on the day of the conclusion of the Assignment Contract and must give his/hers consent to the terms and conditions of the Assignment Contract which is in force at the moment of the activation of Auto invest.
6.3. Investor carries out the activation of the Auto invest, in its Investor’s profile, whereupon NEKSTER shall select the Claims for the Investor.
6.4 The Investor must ensure adequate balance of the Investor’s profile for purchasing the Claims with Auto invest.
6.5. By activating Auto invest, the Investor authorises NEKSTER to conduct Assignment Contracts for Claims that correspond to the Auto invest parameters set out by the NEKSTER, to reduce the balance of the Investor’s profile for the Price of Claim for the Claims that correspond to the parameters set out by NEKSTER, and to use the respective funds to pay the price of the Claim to the Assignors and for registration of the Claims in the Investor’s profile.
6.6. The Investor is entitled to amend or terminate the functionality of Auto invest during the entire duration of the Contract.
6.7. NEKSTER is not obliged to additionally inform the Investor about the Claims acquired during the use of Auto Invest and about the rights and obligations that arise from such. The Investor must familiarise itself with the documents, notifications and other information specified in the Investor’s Profile and relating to the Investor and to the Claims, which according to Investor’s authorization NEKSTER buys on his behalf.
6.8. The Investor has been acquainted and understands that the Assignment Contracts can be concluded on terms and conditions that differ from those in effect at the moment of activation of the Auto invest, provided that the Assignment Agreements always ensure compliance with at least those parameters approved by the Investor during the activation of Auto invest.
6.9. The Investor must independently monitor information on the current terms and conditions of the Assignment Contracts, which are available on the Website and on the Investor’s profile. If the Investor has not submitted a request to NEKSTER to terminate the Claim purchasing service Auto invest, it shall be considered that the Investor has familiarised itself and agrees and accepts all Assignment Contracts concluded using this process as binding.
6.10. NEKSTER is not obliged to ensure for the Investor the possibility to activate and use Auto invest for purchasing Claims, and NEKSTER may at any time unilaterally stop the Auto invest, with a notice to the investor.
6.11. The investor has the right to unilaterally withdraw from Auto invest before the contractually determined deadline for the fulfilment of the Assignment Agreement (maturity of the investment), and NEKSTER will pay out the investor 15,000.00 EUR in the next working day after the withdrawl from the Auto invest on the investor’s bank account only and if the amount of the individual investment was more than EUR 15,000.00 or if the total amount of the investment was less than EUR 15,000.00. If the amount of the investment was more than EUR 15,000.00, NEKSTER will pay the difference between the amount of the investment and EUR 15,000.00, together with the achieved interest on the day of the withdrawl, upon the maturity of the investment or Assignment Agreement from which the investor has withdrawn, subject to the provisions of Chapter 9 of the Assignment Agreement (Guarantee), this period is extended in accordance with the provisions of this chapter.
6.12. At the request of NEKSTER, the investor is obliged to confirm the continuation of Auto invest at least once every 2 years, and NEKSTER reserves the right to request the investor to confirm the continuation of Auto invest within a shorter period of time.
7. NEKSTER’S RIGHTS AND OBLIGATIONS
7.1. NEKSTER is obliged to fulfil the Contract and to ensure Servicing of the Claims according to the terms and conditions of the Contract and terms and conditions of the Assignment Contract, as well as Website Terms of Use.
7.2. NEKSTER shall service the Claims in accordance with the Contract and shall carry out all activities related to servicing of the Claim in the interests of the Assignee.
7.3. The Investor hereby authorises NEKSTER to service the Claims in the name of NEKSTER but also in the interest of Investor.
7.4. NEKSTER shall not be held liable neither to the Investor or the Assignee, or their legal successors or heirs, or any other Third Party in the event that the that the Cedent completely or in any part fails to comply with the Assignment Agreement and if the Claim is not repaid and settled.
7.5. NEKSTER shall make payments in favour of the Assignee and shall withhold payments from the balance of the Investor’s profile only according to the procedure set forth in the Contract.
8. INVESTOR’S RIGHTS AND OBLIGATIONS
8.1. The Investor hereby confirms that he/she clearly understands the provisions of these Website Terms of Use, the Assignment Agreement and the Assignment Contract. The investor waives any claims against NEKSTER on the basis of unilateral conditions of the aforementioned conditions and contracts.
8.2. All activities carried out in the Investor’s Profile shall be regarded as activities carried out by the Investor itself and thus shall be recognised as binding upon the Investor.
8.3. The Investor shall comply with provisions of the Contract and other contracts that are binding upon Investor and are concluded with NEKSTER.
8.4. The Investor shall ensure adequate balance of the Investor’s in order to fulfil the Contract and to cover any payments arising from it.
8.5. If the Investor has not ensured adequate balance of the Investor’s profile, NEKSTER shall not be obliged to execute Investor’s instructions, transactions or payments.
8.6. The Investor must not disclose information regarding the Contract to any Third Parties which could concern the interests of NEKSTER or the Cedent.
8.7. The Investor agrees not to request information about the Cedent and not to start performing other acts that are not the subject of the contract and the conditions in connection with the claim and / or will not try to recover the claim. The Assignee cannot, personally or through other authorised representatives, contact the Cedent in any way in connection with the concluded Assignment Contract and the acquired Claims.
8.8. The Assignee cannot revoke the authorisation issued to NEKSTER regarding Claim Servicing and Claim management during the entire validity term of the Contract.
8.9. Without prejudice to the other obligations of the Investor set forth in the Contract the Investor shall:
8.9.1. use the Website only for activities permitted by the Website and the Contract;
8.9.2. provide only correct information during registration on the Website, while using it and when concluding contracts with NEKSTER or communicating with NEKSTER;
8.9.3. take all necessary measures to prevent access of any Third Party to the Investor’s Profile;
8.9.4. timely and based on the deadlines set forth by NEKSTER, provide NEKSTER with the information which is requested in the Investor’s profile and/or Website.
9. PRICE LIST AND OTHER PAYMENTS
9.1. The Investor makes a payment to NEKSTER for the provided services pursuant to the Claim in accordance with the Price List indicated on the Website.
9.2. Simultaneously with the signing of the Assignment Contract, the Investor shall authorise NEKSTER, without prior coordination, to use the balance of the Investor’s profile for the payments in accordance with the Price List indicated on the Website.
9.3. NEKSTER is entitled to withhold payments in accordance with the Price List specified on the Website from the funds received from the Cedent, prior to increasing the balance of the Investor’s profile for the relevant amount.
9.4. The Investor is informed and agrees that the Investor’s bank for the transfer to the Investor’s account can withhold commission in accordance with the terms and conditions of the Investor’s bank and its price list.
9.5. The Investor is aware that there are laws and regulations applicable to the Investor, including laws and regulations governing the payment of tax for the income received by the Investor for the Claim. The Investor is responsible for the payment of all the necessary duties and taxes in accordance with the requirements of the laws and regulations.
10. LIABILITY
10.1. The Parties are responsible for compliance with the terms and conditions of the Contract and Website Terms of Use and the fulfilment of obligations prescribed therein.
10.2. The Investor is held liable for all damages caused by its activities (actions or omissions) to NEKSTER, Cedent, Cessionary or any other Third Party.
10.3. NEKSTER is only held liable for the damages caused by its activities (actions or omissions) to the Investor, insofar as NEKSTER can be blamed for the occurrence of such damages and only to the extent of the amount of the balance in the Investor’s profile at the time of the damage.
10.4. During the performance of this Contract, when using means of communication, NEKSTER shall not be held liable for any damages resulting from interference with the use of mail, electronic or other means of communication as well as technical equipment that is ensuring the relevant services of NEKSTER, including, but not limited to communications failures, Website malfunction, the malfunction of electronic data exchange systems and payment systems (including internet banking systems) of credit institutions.
10.5. NEKSTER shall not be held liable for damages that have been or may be caused to the Investor in connection with the conclusion of the Assignment Contract, including the Cedent’s non-compliance with the Assignment Agreement and Claim repayment and settlement.
10.6. The Investor is informed and agrees that NEKSTER and the Assignors are only held liable for the authenticity of the Claim and cannot be held liable for the security for the Claim and for Cedent’s inability to settle the claim.
10.7. NEKSTER is not and cannot be held liable for the Cedent’s obligation to settle the Claim, and NEKSTER is also not obliged to reimburse or compensate the Assignee for the Claim not repaid. Yet, if the relevant Assignment Contract prescribes an obligation for NEKSTER or any other person to repurchase the Claim from the Assignee, or any other person that has guaranteed the fulfilment of the Cedent’s obligations, such relevant person shall be held liable for the fulfilment of the repurchase and/or guarantee obligations pursuant to the procedure specified in the Assignment Contract.
10.8. The Parties are exempt from liability for failure to fulfil their obligations if the non-fulfilment has occurred due to reasons that are out of control of the respective Party and have resulted from force majeure circumstances.
11. CONFIDENTIALITY AND INVESTOR’S PERSONAL DATA
11.1. Any information arising from the Contract and which concern the Assignment Agreement or the Assignment Contract are confidential. NEKSTER must provide information about the Investor and the Cedent to the extent required and permitted by the Assignment Agreement, the Contract, the Assignment Contract and the laws and other regulations of the Republic of Slovenia.
11.2. The Investor acknowledges and agrees that by registering on the Website the Investor provides NEKSTER with an explicit consent for processing if the Investor’s personal data are in accordance with the provisions that are included in the Contract and confirm the correctness of its personal data.
11.3. By registration on the Website, the Investor agrees that NEKSTER shall add Investor’s personal data, which is available to NEKSTER (information which the Investor has provided upon registration on the Website, as well as information that has become available to NEKSTER in connection with the performance of the Contract) into its customer database.
11.4. For the purpose of executing this Contract and to communicate with the Investor, NEKSTER is entitled to process the Investor’s personal data and NEKSTER has also the right to process the personal information of the investor for the establishment, completion, implementation and / or termination of contractual relations with the investor.
11.5. The Investor was informed and agrees that NEKSTER can use Investor’s personal data, including the address, telephone number, e-mail address, to inform the investor about all the news and changes to the services provided by NEKSTER, or to contact the investor regarding the performance of the contract.
11.6. NEKSTER’s Privacy policy which is an integral part of these terms and conditions, gives more precise details about the processing of Investor’s personal data.
12. LIMITING, BLOCKING AND CLOSING OF THE INVESTOR’S PROFILE
12.1. NEKSTER is entitled to, without any prior notice, restrict the Investor’s possibilities to use the Website, block the Investor’s profile or unilaterally terminate the Contract and close and delete the Investor’s profile if any of the following occurs:
12.1.1. if the Investor has violated the terms and conditions of the Contract, Website Terms of Use or terms and conditions of the Assignment Contract;
12.1.2. if the Investor has provided NEKSTER with false or incorrect information;
12.1.3. if the Investor uses the Website for illegal purposes;
12.1.4. if NEKSTER has suspicions that for purchasing the Claims the Investor uses proceeds of crime, finances terrorism, or if the Investor has been involved in any such activity;
12.1.5. if NEKSTER unilaterally terminates the Assignment Contract;
12.1.6. if in accordance with the decisions adopted by NEKSTER, under the law, court decision or any other external regulation cooperation with the Investor must be terminated.
12.2. NEKSTER is entitled to block the Investor’s profile if the password is entered incorrectly 5 (five) times in a row.
12.3. If NEKSTER has any suspicions that the activities on the Website and/or on the Investor’s profile are not performed by the Investor itself, NEKSTER may refuse to accept the actions taken on the Website and on the Investor’s profile and/or block the Investor’s profile. In such a case, NEKSTER is entitled not to approve any actions taken on the Website and on Investor’s profile and keep the Investor’s profile blocked until NEKSTER has contacted the Investor, NEKSTER has verified the Investor’s identity and the Investor has confirmed the taken actions.
12.4. Without prejudice to NEKSTER’s rights prescribed in Clause 12.1 hereof, NEKSTER is entitled to close and delete the Investor’s profile in the following situations:
12.4.1. if requested by the Investor itself;
12.4.2. if the Investor has not acquired any Claim for more than 12 (twelve) consecutive months;
12.4.3. if the balance of the Investor’s profile has reached a negative value and has not been settled within the time limit set by these terms and conditions;
12.4.4. if the Investor is in breach of the terms and conditions of the Contract.
13. ENTRY INTO FORCE AND AMENDING THE CONTRACT
13.1. The Contract between NEKSTER and the Investor shall come into force from the moment when the Investor has approved the Website Terms of Use on the Website, has given consent to the Contract and NEKSTER has identified the Investor.
13.2. The current version of the Contract and the Website Terms of Use, which are amended from time to time, shall be available on the Website and/or in the Investor’s profile.
13.3. NEKSTER is entitled to unilaterally amend the Contract and Website Terms of Use.
13.4. The Investor must independently and regularly monitor the information in the Investor’s profile, including amendments to the Contract and the Website Terms of Use.
13.5. If the Investor continues to use the services available on the Website after the amendments came into force, it shall be deemed that the Investor has agreed to amendments to the Contract and/or the Website Terms of Use.
13.6. NEKSTER is entitled to amend the Claim Servicing Fees and other charges specified on the Website and are related to other offered services as well as to determine additional charges by notifying the Investor of such at least 10 (ten) days in advance.
14. TERMINATION OF THE CONTRACT
14.1. NEKSTER may unilaterally terminate the Contract by notifying the Investor at least 10 (ten) days in advance.
14.2. The Investor is entitled to unilaterally terminate the Contract and request deletion of the Investor’s profile, provided that the Investor does not have any active Claim serviced by NEKSTER, and in accordance with the Contract the Investor does not have any debt obligations to NEKSTER or any other person in accordance with the Assignment Contracts that are specified on the Website.
14.3. In the event of termination of the Contract in accordance with the procedure set forth in these terms and conditions, the Investor is denied the use of the Investor’s Profile as well as the possibility to purchase new Claims and to conclude Assignment Contracts.
14.4. In the event of termination of the Contract NEKSTER shall make a transfer of the remaining balance of the Investor’s profile to the Investor’s bank account and entails the costs of servicing the Claims and other costs if they are incurred on the basis of the Contract and / or Price List.
14.5. In the unlikely event that NEKSTER is declared insolvent:
14.5.1. it will not be possible to carry out transactions on the Website and in the Investor’s profile, the Contract shall be terminated, and the current balance in the Investor’s profile is paid to the Investor in compliance with the relevant legislation;
14.5.2. the Investor shall receive information regarding the Assignment Contracts which are concluded and are still in effect to the Investor’s e-mail address;
14.5.3. this will not affect the validity of the Assignment Contracts and any of the Investor’s rights arising from the Assignment Contracts.
14.6. In order to ensure that information prescribed in Clause 14.5.2 and 14.5.3 hereof is provided and sent, NEKSTER can cooperate with third parties’ / service providers.
15. OTHER PROVISIONS
15.1. The Contract is concluded by electronic means in accordance with the procedure specified in the Contract.
15.2. All activities on the Website and in the Investor’s Profile shall be carried out by using EUR currency.
15.3. The Investor agrees that NEKSTER is entitled to communicate with the Investor 1) by sending an SMS and/or by calling the Investor’s mobile number specified in the Investor’s Profile; 2) by calling other numbers specified in the Investor’s Profile; 3) by sending an e-mail message to the e-mail address specified in the Investor’s Profile; 4) by sending regular or registered mail to the Investor’s address specified in the Investor’s Profile. Correspondence sent by mail is deemed to have been received on the third day after posting them at the post office. Correspondence sent by e-mail shall be considered to be received within 24 hours after the sending.
15.4. All notices, applications and information, which are specified in the Contract, shall be submitted or sent by uploading it in the Investor’s profile, to the NEKSTER business address indicated on the Website, or sent to the NEKSTER e-mail indicated on the Website. Correspondence sent by mail shall be considered as received on the 5th (fifth) day after posting it; any correspondence sent by e-mail shall be considered as received on the day when it was send. In case of sending an e-mail after 17.00 or on a day that is a day off day or a holiday in the Republic of Slovenia, it is considered that the e-mail is received the next working day.
15.5. The Contract is valid until the complete fulfilment of all the obligations set forth herein.
15.6. The laws and regulations of the Republic of Slovenia shall be applied to all legal relations arising from the Contract.
15.7. All disputes between the Parties arising from the Contract shall be resolved pursuant to the procedure specified in the legislation of the Republic of Slovenia
15.8. The Investor is bound by the provisions of the Contract throughout the period of validity of the Contract, until the Investor’s Profile is deleted.
15.9. NEKSTER is entitled to assign any rights and claims it has against the Investor arising from the Contract without a prior Investor’s consent to any Third Party.
15.10. The Investor understands and consents that the balance of the Investor’s profile is not a deposit and therefore are not subject to any guarantee schemes.
16. AUTHORISATION
16.1. The Assignment Contracts can include an authorization to conduct:
16.1.1. to service the Claim against the Debtor for and on behalf of the Investor by using all the rights and authorizations in the Assignment Contract;
16.1.2. to service the Claim and to take all necessary actions related to repayment of the Claim and execution of the Assignment Agreement, until the Claim is not repaid in full amount;
16.1.3. without prior coordination with the Investor and at the Cessionary’s own discretion, to make amendments and supplements to the Assignment Agreement, including the Claim’s repayment period, but not more than 6 (six) times, meanwhile setting forth that each of the 6 (six) extensions of the Claim repayment period shall not be longer than 30 (thirty) days, unless in the Assignment Contract it is explicitly stipulated otherwise.
16.2. The Investor is informed that the authorisation included in the Assignment Contract shall be valid throughout the validity period of the Assignment Contract. Activities carried out by the Cessionary and other persons in this regard shall be binding upon the Investor, and the Investor waives the claims against the Cessionary and any other person in this regard.
16.3. By approving the Website Terms of the Use, the Investor authorises NEKSTER to take such actions:
16.3.1. make the payment of the Price of Claim to the Assignor, using/reducing the balance of the Investor’s profile for this purpose;
16.3.2. distribute the received payments towards settling the Claims among the Investors (Assignees) in accordance with the concluded Assignment Contracts;
16.3.3. to withhold all payments related to the Assignment Contract according to the Price List;
16.3.4. to perform other actions that NEKSTER is entitled to take on behalf of the Investor under the Contract.
16.4. The Investor has been informed and agrees that NEKSTER pursuant to the terms and conditions of the Assignment Contract may at any time without prior notice or agreement with the Investor, repurchase the Claim from the Investor (Assignee) by increasing the balance of the Investor’s profile by the respective repurchase/buyback price specified in the Assignment Contract. If the Investor has concluded the Assignment Contract which states that the Assignor or any other person is obliged to repurchase/buy back the Claim from the Investor, in such event the Claim shall be repurchased/bought back from the Investor.
16.5. The Investor is informed that the authorisation to NEKSTER is valid throughout the entire validity period of the Contract and therefore the activities carried out by NEKSTER shall be binding upon the Investor, and the Investor waives any claims against NEKSTER in this regard.
