§ 1. INTRODUCTION

 

1. These Regulations set out the terms and conditions of use of the PSD2 Services at BNP Paribas Bank Polska S.A.
2. The services specified in the Regulations are provided by BNP Paribas Bank Polska Spółka Akcyjna with its registered office in Warsaw, at ul. Kasprzaka 2, 01-211 Warsaw, entered in the Register of Entrepreneurs of the National Court Register (KRS) by the District Court for the Capital City of Warsaw in Warsaw, XIII Commercial Division of the National Court Register, under KRS number: 0000011571, NIP (taxpayer identity number): 526-10-08-546, with a fully paid share capital of PLN 147 676 946, supervised by the Polish Financial Supervision Authority (hereinafter referred to as “the Bank”).
3. These Regulations are regulations within the meaning of Article 8 of the Act of 18 July 2002 on the provision of services by electronic means.
4. In issues not regulated in this Regulations, provisions of the Regulations on the use of the API Portal of BNP Paribas Bank Polska S.A. shall apply accordingly.

 

§ 2. DEFINITIONS

 

1. Terms used in the Regulations shall mean:

1. eIDAS Certificate - qualified certificate meeting the conditions defined in Article 2 of the RTS PSD2
2. Regulations – these Regulations on the use of the PSD2 Services
3. API Portal Regulations – Regulations on the use of the API Portal of BNP Paribas Bank Polska S.A.
4. Agreement – the agreement on the use of the PSD2 Services concluded by the Bank with the User pursuant to these Regulations and the API Portal Regulations;
5. PSD2 Services - the AIS, PIS and CAF services:

1. AIS – (Account Information Service) service of providing information about a payment account.
2. CAF – (Confirmation of the Availability of Funds) service of providing confirmation of the availability of funds
3. PIS – (Payment Initiation Service) service for initiating a payment transaction.

 

2. Capitalized terms are defined in Article 2 para. 1 of these Regulations. Capitalized terms not defined in Article 2 para. 1 of these Regulations are defined in the API Portal Regulations.

 

 

§ 3. CONCLUSION OF THE AGREEMENT

 

1. The agreement for the provision of individual PSD2 Services is concluded upon acceptance of these Regulations, after prior conclusion of the agreement for the use of the API Portal, in the manner regulated in the API Portal Regulations.
2. The Agreement shall be for an indefinite term.
3. The User may use the PSD2 Services free of charge. The User shall bear the cost of Internet access, including data transfer, at the applicable rates and tariffs.

 

§ 4. ACCOUNT REGISTRATION IN THE API PORTAL FOR THE PSD2 SERVICES

 

1. In order to conclude the Agreement, after successful account registration in the API Portal, the User:

1. fills in the registration form at https://gopsd2.bnpparibas.pl/,
2. states which PSD2 Service they would like to use,
3. send a document which confirms they have a licence (issued by the PFSA or other relevant member state body) open-banking@bnpparibas.pl and identifies with the eIDAS Certificate - for Entrepreneurs who have the licence,
4. send a document which confirms they have filed an application with a relevant body (the PFSA or other relevant member state body) to open-banking@bnpparibas.pl and identifies with the test eIDAS Certificate - for entities of Entrepreneurs who have applied for the licence.

 

§ 5. RULES FOR USING THE PSD2 SERVICES

 

1. The User shall use the PSD2 Services in accordance with the provisions of the law, including the Legal Provisions, the Technical Specification, the principles of morality and these Regulations and the API Portal Regulations.
2. Upon logging into the API Portal, the registered User shall gain access to the API Portal under the terms and conditions set out in the API Portal Regulations.
3. In order to start using the connection and functionality of the PSD2 Services in the API Portal, the User is obliged to add the Application in accordance with the provisions set out in the API Portal Regulations and to accept the Regulations.
4. The Technical Specification, the Production Environment, the Sandbox Environment for the PSD2 Services or any other element of the API Portal shall not be used for any purpose other than those foreseen in the API Portal Regulations and the Regulations.
5. The technical requirements for using the PSD2 Services in the API Portal are described in the API Portal Regulations.
6. The Bank ensure technical support for the PSD2 Services User as foreseen in the API Portal Regulations.
7. Blocked access and termination of the agreement for use of the PSD2 Services are described in the API Portal Regulations.

 

§ 6. FINAL PROVISIONS

 

1. The Regulations are available on the API Portal website in a manner that allows the User to obtain, reproduce and record their contents by printing or saving them on a data carrier at any time.
2. The Bank is authorised to unilaterally amend the Regulations. The reasons and manner of amending the Regulations are defined in the API Portal Regulations.
3. The Polish Financial Supervision Authority is the supervisory authority overseeing the Bank’s operations. The User may file a complaint with the Polish Financial Supervision Authority concerning the Bank’s conduct if the Bank’s conduct breaches the law.
4. The language used in the Bank’s relations with the User shall be Polish or English at the express request of the Entrepreneur.
5. The Agreement shall be governed by and construed in accordance with the Polish law.
6. The court having jurisdiction over disputes related to the performance of the Agreement shall be determined in accordance with the applicable laws on jurisdiction, including the Act of 17 November 1964 – the Code of Civil Procedure.
7. Electronic communications concerning the PSD2 Services and the API Portal can be addressed to: open-banking@bnpparibas.pl. Written communications concerning the Agreement should be addressed to the Bank’s registered office.

 

The Regulations shall become effective on 06/03/2023.