Unusual features in the Yandex.Money service user agreement
At the end of August 2014, the Yandex.Money service user agreement was updated. However, not all customers were notified of this by e-mail. For example, I learned about changes to a user agreement on a third-party resource, although I am a user of this service and subscribed to its newsletters. Trying to clarify this point in the service support service (request number 2014083133014951), I stumbled upon some oddities in the text of the agreement, and further discussion hung somewhere in the relevant legal department. After waiting from September 3 to October 11 and without having received answers to the questions, I decided to publish the unusual features found in the agreement on the use of the service.
The text of the agreement is available at . We will talk about the agreement, published on August 28, 2014.
So, the first feature - see clauses 10.3.1, 12.1-12.3:
If I understand correctly, it turns out that the client can be notified by simply updating the text of the previous agreement on the service website. And that’s all, nothing more to notify. After that, the new agreement immediately comes into effect. The client has only three days to refuse the execution of the new agreement. Otherwise, he is considered to have agreed with the new agreement. But what if the client did not go online for a week, for example, was on vacation or simply didn’t go to the Yandex.Money service? Three days is not enough with such poor information. Further more fun, if three more days from the date of publication did not pass, and the client made the payment, he is considered to have agreed with the new agreement. And here it is not stipulated what will happen with the adoption of a new agreement, if such services as “auto payment” or “virtual card” are used when the payment is made without entering the account. In this way, by paying from a virtual card, for example, for movie tickets, you can easily agree that you have never seen it.
')
It turns out that it is necessary to check before each payment, whether the agreement text has changed, and not to use the “auto payment” at all. And even if you do not need to pay anything, it is still advisable to check the agreement once a day, otherwise it has changed not in the best way. And then, if the new agreement does not suit you, then try to terminate it within three days by delivering your application on paper to the NPO. It will be something else entertainment.
We now turn to the second found feature. In general, there may be more of them, but these immediately caught the eye during a cursory viewing. The concept of an inactive client is introduced in the new version of the contract - clause 4.29.
In my opinion, such a definition allows setting the status of an inactive client to all clients who have not fulfilled all the subclauses of clause 4.29 for two years, because for not performing any of them, the client is assigned the status of inactive. Apparently, according to the authors, there should not have been written “by which any of the following actions were not committed”, but by “which at least one of the actions below was not performed”. Perhaps this is a slip of the authors of the agreement. Yes, and you must admit, not all customers need to issue a bank card on a tangible medium or link a card to an account. True, after sub-clause 4.29.6 there is a phrase that to remove inactive status you can take any action from sub-clauses 4.29.1-4.29.6, but this doesn’t prevent you from immediately returning inactive status back and doing so until the client will not fulfill all sub-clauses of clause 4.29. And if you consider that inactive customers will be charged a monthly fee before zeroing the account, then such a slip in the text looks intriguing.
What changes would be desirable in the user agreement:
In general, I have nothing against the Yandex.Money service, I use it periodically myself and in principle I am satisfied with its work, but such tricks in the agreement are grieving and alarming.
update 1
The comments correctly noted that the version I proposed with “which at least one of the following actions was not committed” can also be read in the sense of requiring all actions to be performed. Therefore, it is better to replace it with a more unambiguous - “by which none of the following actions were committed.”
update 2
During the discussion, the user agreement has been updated. Date of publication of the current version of the agreement - October 15, 2014. All features described above are valid for this version. The changes affected only the application number 3. It added clauses 4.5, 13-15.
The text of the agreement is available at . We will talk about the agreement, published on August 28, 2014.
So, the first feature - see clauses 10.3.1, 12.1-12.3:
10.3. Duties of NGOs:
10.3.1. notify the Client about changes to this Agreement (including Tariffs and / or conditions for the provision of additional services) by posting such a notice on the NCO Website, or by sending a notification to the Client by other means provided for by this Agreement;
...
12. Modification and termination of the Agreement, termination of the use of the Wallet
12.1. In accordance with paragraph 1 of Art. 450 of the Civil Code of the Russian Federation, the Parties agreed that the NPO has the right to make changes to the terms of the Agreement, including Tariffs and / or conditions for the provision of additional services. Changes made by NPOs become binding for the Parties from the moment they are posted on the NPO Site, unless otherwise provided for by NPOs.
12.2. In case of disagreement with the amendment of the terms of the Agreement, including the Tariffs and / or conditions for the provision of additional services, the Client has the right within three calendar days from the date of posting the new edition of this Agreement, including the Tariffs and / or conditions for the provision of additional services, on the NCO site unilaterally refuse to perform this Agreement by submitting to the NPO of the original copy of the signed statement on paper in the form established by the NPO.
12.3. In case of non-receipt of a written notice from the Client by the NPO about the unilateral refusal to execute this Agreement within the period established by clause 12.2. of this Agreement, as well as the execution by the Client of any operations using the Wallet during the specified period, the Client is considered to have agreed to the changes in the terms of this Agreement.
If I understand correctly, it turns out that the client can be notified by simply updating the text of the previous agreement on the service website. And that’s all, nothing more to notify. After that, the new agreement immediately comes into effect. The client has only three days to refuse the execution of the new agreement. Otherwise, he is considered to have agreed with the new agreement. But what if the client did not go online for a week, for example, was on vacation or simply didn’t go to the Yandex.Money service? Three days is not enough with such poor information. Further more fun, if three more days from the date of publication did not pass, and the client made the payment, he is considered to have agreed with the new agreement. And here it is not stipulated what will happen with the adoption of a new agreement, if such services as “auto payment” or “virtual card” are used when the payment is made without entering the account. In this way, by paying from a virtual card, for example, for movie tickets, you can easily agree that you have never seen it.
')
It turns out that it is necessary to check before each payment, whether the agreement text has changed, and not to use the “auto payment” at all. And even if you do not need to pay anything, it is still advisable to check the agreement once a day, otherwise it has changed not in the best way. And then, if the new agreement does not suit you, then try to terminate it within three days by delivering your application on paper to the NPO. It will be something else entertainment.
We now turn to the second found feature. In general, there may be more of them, but these immediately caught the eye during a cursory viewing. The concept of an inactive client is introduced in the new version of the contract - clause 4.29.
4.29. The NCB establishes to the Clients who did not commit any of the following actions for 2 (two) years or more, the Inactive Client Status:
4.29.1. transfer of electronic money at the request of the Client;
4.29.2. return of the balance of electronic money at the request of the Client;
4.29.3. an increase in the balance of the Client's Electronic Money as a result of the provision of funds or the transfer of Electronic Money to the Client;
4.29.4. Customer identification;
4.29.5. Client submission of an application for issuing a prepaid Yandex.Money bank card on a tangible medium in accordance with the Public Offer for issuing, servicing and conditions for using a prepaid Yandex.Money bank card posted on the NPO Site;
4.29.6. binding by the Client of a bank card to the Wallet in the order indicated on the NKO Website.
The status of an inactive Client is valid from the date of its establishment by the NPO until the date of any of the actions specified in sub-clauses 4.29.1-4.29.6
Crediting of NCOs of Electronic Money to the Virtual Account from the one mentioned in clause 5.3.3.2. The enrollment queue agreement does not affect the establishment of the Status of an inactive Client and does not entail the termination of its validity.
4.30. NCO will charge Clients for the provision and maintenance of the Wallet for each full month of the Inactive Client Status calculated from the 25th day of the calendar month to the 24th day of the calendar month following it, in the amount set by the Tariffs. For the first incomplete month, in which changes to the Tariffs come into force in terms of establishing the remuneration specified in this paragraph, the remuneration for the provision and maintenance of the Wallet is charged in full. The remuneration is withheld by the NPO at the end of the month for which it is accrued. Remuneration is not charged to Customers whose E-money balance is zero.
4.31. The Client has the right to suspend the inactive Client Status for a period of 3 (three) months by contacting the NPO Support Service or using the Wallet. Remuneration specified in paragraph 4.30. Agreement for the period of suspension of the inactive Client Status is not charged and is not charged. The status of the inactive Client is resumed on the 25th day of the month, as of which the three-month period of its suspension has expired.
In my opinion, such a definition allows setting the status of an inactive client to all clients who have not fulfilled all the subclauses of clause 4.29 for two years, because for not performing any of them, the client is assigned the status of inactive. Apparently, according to the authors, there should not have been written “by which any of the following actions were not committed”, but by “which at least one of the actions below was not performed”. Perhaps this is a slip of the authors of the agreement. Yes, and you must admit, not all customers need to issue a bank card on a tangible medium or link a card to an account. True, after sub-clause 4.29.6 there is a phrase that to remove inactive status you can take any action from sub-clauses 4.29.1-4.29.6, but this doesn’t prevent you from immediately returning inactive status back and doing so until the client will not fulfill all sub-clauses of clause 4.29. And if you consider that inactive customers will be charged a monthly fee before zeroing the account, then such a slip in the text looks intriguing.
What changes would be desirable in the user agreement:
- To register in the agreement so that the text of the new agreement is published on the NPO website at least 30 days before its entry into force. During this time, you can safely familiarize yourself with it and in case of that, terminate the agreement. At the same time, it would be good to stipulate a separate moment in case our thought once again dramatically “thinks out” something. you may have to break this clause.
- Since the wallet is tied to an e-mail, it is necessary to send a notification of a change in the agreement to the mailbox tied to the wallet, and also optionally add an option for notifications of changes via SMS.
- Correct clause 12.3 separately specifying such functions as “auto payment”, payment by “virtual card”, etc.
- Replace the words “any of” with “at least one of” in the definition of an inactive client.
- Simplify the agreement termination procedure for customers.
In general, I have nothing against the Yandex.Money service, I use it periodically myself and in principle I am satisfied with its work, but such tricks in the agreement are grieving and alarming.
update 1
The comments correctly noted that the version I proposed with “which at least one of the following actions was not committed” can also be read in the sense of requiring all actions to be performed. Therefore, it is better to replace it with a more unambiguous - “by which none of the following actions were committed.”
update 2
During the discussion, the user agreement has been updated. Date of publication of the current version of the agreement - October 15, 2014. All features described above are valid for this version. The changes affected only the application number 3. It added clauses 4.5, 13-15.
Source: https://habr.com/ru/post/361915/
All Articles