These Terms & Conditions ("Terms") constitute a legally binding agreement between you ("you", "your", "Customer") and FellaNovita Global ("Novita Pay", "we", "us", "our"), governing your access to and use of the Novita Pay international digital banking platform, including our website at https://novitapay.com, our progressive web application, and all associated banking products, services, features, and content (collectively, the "Services"). By opening an account, accessing, or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, together with our Privacy Policy, Electronic Banking Agreement, and all applicable banking policies. If you do not agree, you must not access or use the Services.
1. Definitions and Interpretation
In these Terms, unless the context requires otherwise: "Account" means any personal, business, or corporate banking account opened with Novita Pay; "Card" means any virtual or physical debit or credit card issued to you; "KYC" means know-your-customer identity verification; "Applicable Law" means all laws, regulations, and regulatory guidance applicable to the provision and use of the Services in the relevant jurisdiction; and "Business Day" means any day other than a Saturday, Sunday, or public holiday in the jurisdiction governing your Account. Headings are for convenience only and do not affect interpretation. Words importing the singular include the plural and vice versa.
2. Eligibility and Account Opening
To open an Account, you must be at least eighteen (18) years of age, or the age of legal majority in your country of residence, and must possess the legal capacity to enter into a binding contract. You must provide accurate, current, and complete information during registration, including your full legal name, date of birth, gender, country of account, residential address, telephone number, email address, and occupation, and you must upload a valid government-issued identity document or passport together with a selfie for verification purposes.
You represent and warrant that all information you provide is true, accurate, and complete, and that you will promptly update such information whenever it changes. We reserve the absolute right to approve, reject, suspend, or terminate any application or Account, at our sole discretion, where it does not comply with our policies, our risk appetite, or Applicable Law. Account opening is further subject to successful completion of identity verification, security screening, and ongoing compliance monitoring, and no Account is considered active until all such checks have been satisfactorily completed.
3. Identity Verification, KYC and Compliance
As a regulated financial services platform, Novita Pay is required to verify the identity of every Customer and to conduct ongoing due diligence. You agree to provide, upon request, any documentation or information we deem necessary to satisfy our KYC, anti-money-laundering ("AML"), counter-terrorist-financing ("CTF"), and sanctions-screening obligations. You acknowledge that we may, at any time and without prior notice, request additional information, freeze or restrict your Account, decline or reverse a transaction, or terminate your Account where we reasonably suspect fraudulent, unlawful, or non-compliant activity, or where required to do so by Applicable Law or a competent authority.
You must not use the Services for any unlawful purpose, including but not limited to money laundering, terrorist financing, fraud, tax evasion, or any transaction involving sanctioned individuals, entities, or jurisdictions. You agree to cooperate fully with any investigation we may conduct and acknowledge that we may report suspicious activity to relevant authorities as required by law, without any obligation to notify you.
4. Electronic Banking Agreement
By using the Services, you consent to conducting your banking electronically. You agree that electronic records, communications, statements, receipts, and notifications delivered through the platform, by email, or by in-app notification satisfy any legal requirement that such communications be in writing. You are responsible for ensuring that your contact details remain current so that you receive all such communications. Electronic instructions you submit through the platform, once authenticated using your credentials, biometric authentication, or two-factor verification, are deemed to be validly authorised by you and are binding.
You acknowledge that certain features rely on internet connectivity and third-party infrastructure beyond our control, and that we do not guarantee uninterrupted availability. We may perform scheduled or emergency maintenance, and we will endeavour to minimise disruption and to provide advance notice of planned downtime where reasonably practicable.
5. Use of the Services
We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Services for your own lawful personal or business banking purposes in accordance with these Terms. You must not: (a) copy, modify, distribute, sell, or lease any part of the Services; (b) reverse engineer or attempt to extract the source code of the platform; (c) use the Services in any manner that could damage, disable, overburden, or impair our systems; (d) attempt to gain unauthorised access to any account, system, or network; (e) use any automated means to access the Services without our permission; or (f) use the Services in violation of Applicable Law or these Terms.
You are solely responsible for all activity that occurs under your Account. You must keep your login credentials, passwords, one-time passcodes, and devices secure and confidential, and you must not share them with any third party. You must notify us immediately if you suspect any unauthorised access to or use of your Account.
6. Cards, Payments and Transfers
Where you are issued a Card, its use is subject to these Terms and any additional card-specific terms presented to you. You may set limits, freeze and unfreeze Cards, and generate single-use virtual card numbers through the platform. You authorise us to debit your Account for the amount of any transaction you initiate or authorise, together with any applicable fees disclosed to you before confirmation. You are responsible for maintaining a sufficient available balance to cover your transactions.
Local and international transfers are executed in accordance with the details you provide. You are responsible for ensuring the accuracy of all payment details, including recipient information, account numbers, and amounts. We are not liable for losses arising from incorrect details supplied by you. Certain transfers may be subject to processing times, cut-off times, intermediary requirements, and the rules of the relevant payment networks. We may decline, delay, or reverse a transfer where required for compliance, fraud-prevention, or legal reasons.
7. Foreign Exchange and Currency Conversion
Where a transaction involves currency conversion, we will apply an exchange rate at or near the prevailing interbank rate, together with any conversion fee disclosed to you before you confirm the transaction. Exchange rates fluctuate continuously, and the rate applied to a completed transaction is the rate in effect at the moment of execution. You acknowledge that once a conversion is executed, it cannot be reversed on account of subsequent movements in exchange rates. We do not provide any assurance regarding future exchange-rate movements, and any decision to convert currency is made solely at your discretion and risk.
8. Fees, Charges and Interest
All applicable fees, charges, and, where relevant, interest rates are disclosed to you before you incur them, whether at account opening, at the point of transaction, or through the fee schedule made available within the platform. We reserve the right to introduce, vary, or remove fees from time to time, and we will provide you with reasonable advance notice of any material changes in accordance with Applicable Law. Your continued use of the Services after such changes take effect constitutes your acceptance of the revised fees. You authorise us to deduct applicable fees directly from your Account.
9. Loans and Credit Products
Where you apply for a loan or credit product, approval is subject to eligibility, affordability, and credit assessment. Before you accept any credit, we will disclose the interest rate, the repayment schedule, the total amount repayable, and any applicable fees. You agree to repay all amounts owing in accordance with the agreed terms. You may overpay or settle early without penalty. We lend responsibly and only where credit is, in our assessment, affordable for you; however, you remain solely responsible for your borrowing decisions and for ensuring that repayments fit within your means. Failure to repay may result in additional charges, restriction of your Account, adverse credit reporting where applicable, and recovery action as permitted by Applicable Law.
10. Savings and Investment Products
Where you use savings products, applicable returns and any conditions are disclosed clearly, and flexible savings remain accessible in accordance with the relevant product terms while fixed-term deposits require funds to remain until maturity. Where you use investment products, you acknowledge and accept that the value of investments can fall as well as rise, that past performance is not a reliable indicator of future results, and that you may receive back less than you invested. Investment services are subject to a suitability assessment and to availability in your country of residence. Nothing on the platform constitutes personalised financial, tax, or legal advice, and you should seek independent professional advice where appropriate.
11. Security and Your Responsibilities
We deploy multi-layered security measures, including encryption of data in transit and at rest, biometric authentication, two-factor authentication, device and session management, login notifications, and continuous fraud monitoring. Notwithstanding these measures, you play an essential role in keeping your Account secure. You must protect your credentials and devices, enable available security features, review your device login history, and report any suspected compromise immediately. You must not disclose one-time passcodes to anyone, including persons claiming to represent Novita Pay, as we will never ask you for your full password or a one-time passcode.
You are liable for transactions authorised by you or by any person you permit to access your Account. Where you have acted fraudulently or with gross negligence, including by failing to keep your credentials secure, you may be liable for resulting losses to the fullest extent permitted by Applicable Law.
12. Multilingual Services and Localisation
The Services are provided in multiple languages and are localised to your selected country and language, including localised formats for dates, times, numbers, currencies, receipts, statements, and notifications. Translations are provided for your convenience. In the event of any conflict, ambiguity, or inconsistency between the English-language version of these Terms and any translated version, the English-language version shall prevail to the extent permitted by Applicable Law.
13. Intellectual Property
All intellectual property rights in and to the Services, including the platform, software, design, text, graphics, logos, trademarks, and the Novita Pay and FellaNovita Global names, are owned by or licensed to us and are protected by applicable intellectual property laws. Nothing in these Terms transfers any such rights to you. You must not use our trademarks, branding, or content without our prior written consent.
14. Third-Party Services
The Services may integrate with or link to third-party products, services, or websites. We do not control and are not responsible for the content, policies, or practices of any third party. Your use of any third-party service is at your own risk and subject to that third party's terms. The inclusion of any link or integration does not imply our endorsement.
15. Suspension, Restriction and Termination
We may suspend, restrict, or terminate your access to the Services or close your Account, in whole or in part, with or without notice, where: (a) you breach these Terms; (b) we are required to do so by Applicable Law or a competent authority; (c) we reasonably suspect fraudulent, unlawful, or non-compliant activity; (d) continuing to provide the Services would expose us to unacceptable legal, regulatory, or reputational risk; or (e) for any other legitimate business reason. You may close your Account at any time, subject to the settlement of any outstanding obligations. Upon closure, we will return any remaining balance to you, subject to compliance checks and Applicable Law.
16. Limitation of Liability
To the fullest extent permitted by Applicable Law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, goodwill, or business opportunity, arising out of or in connection with your use of, or inability to use, the Services, even if we have been advised of the possibility of such damages. Nothing in these Terms excludes or limits our liability for fraud, for death or personal injury caused by our negligence, or for any other liability that cannot be excluded or limited under Applicable Law. Where our liability cannot be excluded but can be limited, our aggregate liability shall be limited to the maximum extent permitted by law.
17. Indemnity
You agree to indemnify, defend, and hold harmless ${COMPANY.name}, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in any way connected with your breach of these Terms, your misuse of the Services, or your violation of Applicable Law or the rights of any third party.
18. Changes to These Terms
We may amend these Terms from time to time to reflect changes in our Services, our business, or Applicable Law. We will notify you of material changes through the platform, by email, or by in-app notification, and will indicate the date on which the revised Terms take effect. Your continued use of the Services after the effective date constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must cease using the Services and may close your Account.
19. Governing Law and Dispute Resolution
These Terms, and any dispute or claim arising out of or in connection with them or their subject matter, shall be governed by and construed in accordance with the laws of the jurisdiction governing your Account, without regard to conflict-of-law principles. You agree to first attempt to resolve any dispute with us amicably by contacting our support team. Where a dispute cannot be resolved amicably, it shall be subject to the exclusive jurisdiction of the competent courts of the governing jurisdiction, save where Applicable Law grants you a right to bring proceedings in another forum.
20. Force Majeure
We shall not be liable for any failure or delay in performing our obligations under these Terms where such failure or delay results from circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, civil unrest, pandemics, governmental action, failures of telecommunications or payment networks, cyber-attacks, or power failures.
21. General Provisions
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. Our failure to enforce any right or provision shall not constitute a waiver of that right or provision. You may not assign or transfer your rights or obligations under these Terms without our prior written consent; we may assign our rights and obligations to any affiliate or successor. These Terms, together with the Privacy Policy and any product-specific terms, constitute the entire agreement between you and us regarding the Services.
22. Contact Us
If you have any questions about these Terms, or wish to exercise any of your rights, please contact us at support@novitapay.com or visit https://novitapay.com. We are committed to responding promptly and to resolving any concern fairly and transparently. By opening an Account and using the Services, you confirm your acceptance of these Terms in their entirety.