COMMON TERMS OF USE FOR GIROPAY, SOFORTBANKING, EPS, IDEAL, PREZELEWY24, POLI, TRUSTPAY, SAFETYPAY, PAYSAFECARD, QIWI, MONEYBOOKERS, SEPA PAYOUT, SEPA DIRECT DEBIT, INSTANT TRANSFER, ASTROPAY, RABERIL PAYOUT
The following common provisions shall apply in addition to any specific Terms of Use listed for the Payment Methods: Giropay, Sofortbanking, eps, iDEAL, Prezelewy24, Poli, Trustpay and Safetypay.
– The Contractual Partner is to design the order process and its internet presence in such a way that the Customer is unmistakably on the online banking page of his/her bank when placing the Payment Method transfer, and that the Customer may recognize this via the display of the bank’s URL in the address line of the browser and review of the security certificate. In particular, the Contractual Partner may not use any iframes when including the Payment Method in the payment process. The parties understand the term “iframe” to designate a technology by means of which internet contents are integrated into the internet service of the Contractual Partner while it is not recognizable for the user of the internet service that they are not own contents of the Contractual Partner.
– With the Payment Method system, PPRO merely creates the possibility for the Contractual Partner that Customers may initiate an online wire transfer through the Customer’s bank within the Contractual Partner‘s system or its distributors’ system. Further, the entry confirmation of the bank is forwarded on to the Contractual Partner so that it can be sure that a pertinent entry with successful PIN and TAN transmission took place. The execution of the wire transfer by the bank and the possibility of the Customer to still stop and/or revoke the wire transfer are solely subject to the respective applicable general terms and conditions of the respective bank on which PPRO has no influence. The parties are aware that these general terms and conditions of the banks may be subject to change in the future, as well.
– The Contractual Partner is aware that currently, transactions with the Payment Method may be executed by most standard banks in the countries listed in the Price List, respectively. PPRO reserves the right to offer the Payment Method in other countries, as well. PPRO does not guarantee, however, that a Customer will be able to make a wire transfer from every bank account in one of the aforementioned countries or any other country. Further, PPRO does not guarantee that transactions which can currently be made with the Payment Method via individual banks or countries will continue to remain possible in the future.
GIROPAY – TERMS OF USE
The Payment Method “giropay” is provided by the Payment Scheme Giropay GmbH, An der Welle 4, 60322 Frankfurt, Germany.- When asking for the sort code and further Customer information (in particular account number and Customer name), the Contractual Partner shall include the following notice within the scope of the payment process, unambiguously and easily recognizable for the Customer: “By entering the Customer information (in particular name, sort code and account number) the Customer agrees that this information is given voluntarily and at his/her choice”.
– PPRO grants the rights of use of the giropay Trademarks to the Contractual Partner only with regard to the territory of the European Union.
– The payment guarantees passed on by PPRO in the scope of the giropay Payment Method are in each case limited to an amount of EUR 10,000.00 per wire transfer transaction, even if the transaction process is made out for a higher amount.
– The guarantee event occurs if the guaranteed payment amount is not credited to the account of the Contractual Partner within five (5) banking days and if the payment claim is not older than six (6) weeks. If a guarantee event is claimed without satisfaction of these requirements, the Contractual Partner shall bear the arising costs.
DIRECT DEBIT – TERMS OF USE
The Payment Method “Direct Debit” is provided by PPRO.
– Direct Debit is facilitated by means of a direct debiting mandate through which a Customer (the “Payer”) authorises the Contractual Partner (the “Payee”) to debit his or her account for a fixed amount, for any future invoice or for recurring payments. Such a direct debiting mandate may be obtained from a Customer in written or electronic form. The Contractual Partner undertakes to only submit debits for collection if it has been provided with the appropriate direct debiting mandate from the Payer.
– PPRO does not check the legitimacy of incoming Direct Debit payments and any transactions disputed by the Payer must be returned to the Payer as a Chargeback. The Contractual Partner acknowledges that the Direct Debit Payment Method contains an inherent risk of Customer Chargebacks and in order to mitigate against such a risk, PPRO is entitled to request a Holdback from the Contractual Partner. Furthermore, unless otherwise agreed with the Contractual Partner, settlement of Direct Debit funds shall be once per week deferred by 10 days.
– In the scope of the direct debiting mandate, PPRO may at any time request from the Contractual Partner submission of the Payers’ written or electronic Direct Debit mandates. PPRO may also at any time request evidence of compliance with the preceding provisions and the Contractual Partner shall provide such information to PPRO without delay.
– Unless agreed otherwise, the Contractual Partner may not submit Direct Debits exceeding a maximum of EUR 250,000.00 within a period of thirty days.
– Should a Direct Debit be unjustly reversed by the Contractual Partner or should debit of the claim fail due to reasons attributable to the Contractual Partner – in particular due to insufficient credit or incorrect account information in its customer menu – the Contractual Partner is obligated to ensure sufficient credit in case of insufficient credit so that both the outstanding amount and the respective applicable reverse fee and the applicable third party Fees of the bank keeping the account as well as handling Fees can be debited no later than after 7 banking days.
– Should the Contractual Partner breach any of the provisions within this clause or otherwise within these Terms and Conditions, or Chargeback ratios are above acceptable industry standards, PPRO may refuse to execute the submitted direct debits, reasonably adjust any Holdbacks and/or withhold remittance of funds. Further compensation claims by PPRO for damages remain unaffected.
– In case a direct debit cannot be executed due to objection or insufficient credit, usual Chargeback Fees shall apply.
SOFORTBANKING – TERMS OF USE
The Payment Method “Sofortbanking” is provided by Payment Network AG, Fussbergstrasse 1, 82131 Gauting, Germany.
– It is not permitted to use Sofortbanking for establishing the identity of persons and their age. If Sofortbanking is used in this manner regardless, the Contractual Partner is to pay PPRO the relevant Fees per transaction according to the current Price List.
– Should the Contractual Partner explain Sofortbanking in its general terms and conditions or on pages specifically set up for this purpose, the Provider recommends the inclusion of the following notice in order to avoid warnings by consumer protection associations:
*Notice: Despite many millions of transactions, the service sofortbanking has not led to any damage case to the detriment of an end user who entered his/her PIN and TAN into the systems of Payment Network AG. As a precaution, we would still like to point out that there are banks and savings banks (Sparkassen) in Germany which are of the opinion that the use of sofortbanking may lead to a transfer of liability in case of abuse, if any, due to the use of PIN and TAN outside of the proprietary online banking systems. This may mean that the bank may refuse to indemnify the end customer from any damage in case of abuse and that the end customer may have to bear the damage. There has not been one single case of fraud vis-à-vis an end customer so far. Despite this, however, Payment Network AG holds an insurance policy as a precaution; such insurance policy insures Payment Network AG against liability cases up to an amount of EUR 5,000 per damage case in case of PIN or TAN abuse (to the detriment of the end customer who enters its PIN and TAN into the systems of Payment Network AG). This is intended to assure you as end customer that in the unlikely case of damage, there is reinsurance for liability claims against Payment Network AG, if any. The policy holder of the insurance policy is Payment Network AG.
EPS -TERMS OF USE
The Payment Method “eps” is provided by Studiengesellschaft für Zusammenarbeit im Zahlungsverkehr GmbH, Stiftgasse 15-17/8, A-1070 Wien, Austria.
– The Contractual Partner is aware that according to the applicable provisions of the Austrian Gaming Act (“Glücksspielgesetz”), the acceptance of stakes for foreign games of chance as well as the transfer of such stakes from Austria is prohibited and may be subject to fines. The Contractual Partner confirms and expressly undertakes toward PPRO that it will not use eps in order to accept stakes for foreign gambling or to transfer such stakes from Austria. Should claims be asserted against PPRO by third parties due to the infringement of the preceding provisions by the Contractual Partner, the Contractual Partner indemnifies PPRO from all costs and damage compensation payments and will intervene and substitute itself in place of PPRO in any proceedings brought against PPRO.
– The Contractual Partner shall inform itself about the then current transaction limit of EPS.
– An eps participating bank will only assume the guarantee for the credit of eps online wire transfers to the accounts of the Contractual Partner vis-à-vis the latter if the status report “OK” is transmitted. Such a warranty does NOT apply to eps online wire transfers which are executed by the Customer after and/or despite the legally valid opening of a bankruptcy or composition proceeding regarding the assets of the Customer. There may be time restrictions of availability of the payment guarantee variant, in particular at night or on weekends during maintenance works required by the system. In case of a future payment (scheduled transfer) there cannot be any payment guarantee.
iDEAL – TERMS OF USE
The Payment Method “iDEAL“ is provided by the Payment Scheme Currence iDEAL B.V., Beethovenstraat 300, 1077 WZ Amsterdam, the Netherlands.
– It is not permitted to use iDEAL for establishing the identity of persons and their age. If iDEAL is used in this manner regardless, the Contractual Partner is to pay PPRO the relevant Fees per transaction according to the current Price List.
– The Contractual Partner and its relevant Merchants are obliged to comply with the requirements set forth in the “iDEAL Rules & Regulations” and iDEAL Merchant Integration Guide of Currence iDEAL B.V. which may be obtained directly from PPRO upon request. The Contractual Partner agrees to observe and abide by any relevant provisions of the iDEAL Rules & Regulations as well as the iDEAL Merchant Integration Guide and to ensure that its Merchants adhere to the same where applicable.
PREZELEWY24 – TERMS OF USE
The Payment Method “Przelewy24” is provided by DialCom24 Sp. z o.o.
– The Payment Method “Przelewy24” may not be used for illegal goods and services or pornographic offers, prescription drugs and weapons.
POLI – TERMS OF USE
The payment method is called “POLi” and is provided by Centricom Pty Ltd, Suite 1, 600 Lonsdale Street, Melbourne, Victoria, 3000.- The Contractual Partner shall inform itself and where applicable, ensure its Merchants remain informed, with regard to the then current transaction limits of Poli.
TRUSTPAY – TERMS OF USE
The Contractual Partner will follow PPRO`s instructions with regards to the technical integration of Trust Pay services into its and its Merchant`s portals and software applications.
– The Contractual Partner will allow access to its respective portals to PPRO through manual observation or automated “spidering” or other automated search techniques in order to confirm the accuracy of content. However, PPRO is under no obligation to monitor the accuracy of the Contractual Partner`s and/or its Merchant`s portals.- The Contractual Partner shall ensure that its standard Merchant agreement contains provisions for termination of the contract with immediate effect, in the event a Merchant breaches TrustPay’s Merchant Standards.
– Neither the Contractual Partner nor its Merchants are permitted to sell or offer any of the following products or services: a) Weapons or related items e.g. guns, gun parts, ammunition, knives, etc. b) Financial products resembling a “Ponzi scheme”. c) Products or services that infringe any copyright, trademark, right of publicity or privacy, or any other proprietary right under the laws of any jurisdiction. d) Illegal drugs and drug paraphernalia. e) Online antiques traders and seller of historical replicas. – Neither the Contractual Partner nor its Merchants are permitted to be incorporated or maintain a registered seat in any of the following jurisdictions: Angola, Belarus, Burma, Democratic Republic of the Congo, Ivory Coast, Eritrea, Ethiopia, Guinea, Haiti, Iran, Iraq, Democratic People’s Republic of Korea, Lebanon, Liberia, Libya, Moldova, Morocco, Nepal, Nigeria, Pakistan, Paraguay, Qatar, Sao Tome a Principe, Sierra Leone, Somalia, Sudan, Syria, Trinidad a Tobago, Turkmenistan, Zimbabwe, Yemen. – The Contractual Partner shall at all times cooperate (and shall procure that its Merchants cooperate) with PPRO to investigate any suspected illegal, fraudulent or improper activity by a Partner, Client, Merchant or a Customer. – The Contractual Partner shall ensure that its Merchants clearly disclose their refund policies on their respective websites.
SAFETYPAY -TERMS OF USE
The Payment Method “SafetyPay” is a global, secure Internet payment solution that enables online banking customers to make online purchases from merchants worldwide and pay directly through their local bank account in their local currency. It is provided by SafetyPay Europe Entidas de Pago, S.A., Spain.
– The payment method “SafetyPay” may not be used for gambling services, gambling chips or gambling credits or lottery tickets unless the Merchant is able to show the same is in accordance with all necessary permits under public law of each respective individual country in which SafetyPay´s Payment Solution shall be offered. Further it shall not be used for bootleg recordings;counterfeit items;embargoed goods;illegal drugs and paraphernalia;offensive, racially or culturally insensitive material;adult content, materials, and/or services, including, but not limited to adult books and videos, adult telephone conversations, adult websites, companion/escort services, dating services (sexually oriented), mail order brides, miscellaneous adult entertainment; cash; damages, losses, penalties, or fines of any kind;costs or fees over the normal price of Merchants’ goods or services (applicable taxes) or charges that Customers have not specifically approved; overdue amounts, or amounts covering returned or stop-payment checks;sales made by third parties or entities that have not directly contacted with SafetyPay;amounts that do not represent bona fide sales of goods and services by Merchant’s business (e.g., purchases by Merchant’s owners (or their family members) or employees);illegal business transaction; money laundering or the financing of terrorist activities; or any other items of which SafetyPay may notify IPSP and/or Merchants from time to time.
PAYSAFECARD – TERMS OF USE
The payment method is called “paysafecard” and is provided by Prepaid Services Company Limited.- The value of the card is imprinted on the card. The term “card” also includes developments of the card system by PPRO or an Affiliate Group Company
– A paysafecard payment transaction is made in two steps: first, the end customer makes a reservation (disposition), then an irrevocable debit by PPRO takes place. The period between the disposition and the debit is referred to as disposition period and amounts to a maximum of one hour. Within the disposition period, the Contractual Partner must request the debit from PPRO otherwise, the reservation is released again for the benefit of the card holder.- The data entered by the card holder will be verified by PPRO in the transaction system. In case insufficient funds are determined, i.e. if the credit allocated to the card is not sufficient to purchase the goods or services, the card holder will be notified by PPRO accordingly; in this case, the card holder may designate further cards for payment. If this is not done, the entire transaction will be cancelled.
– If the Contractual Partner provided services to the card holder without prior booking of the transaction, PPRO may refuse the related payments to the Contractual Partner.
– If the card holder exercises any cancellation right or warranty right, this may only affect the underlying payment and/or booking process within the disposition period. If the amount disposed by the card holder has already been debited in the provider’s system, a chargeback into the transaction system of PPRO is no longer possible. PPRO will forward any end customer complaints based on the deliveries of goods or services by the contractual business which it may receive to the Contractual Partner.
– The Contractual Partner must ensure that the possessor of the card, i.e. the person who physically holds the cards (the “card holder”) can use no more than a maximum amount of € 1.000,00 with up to ten cards per transaction.
– In addition, the Contractual Partner must at all times comply with applicable anti-money laundering regulations. – Upon request, the Contractual Partner will provide to PPRO, Customer data regarding individual transactions and any related personal information rgarding the Customer inclusive of name, date of birth, personal address, identity or address documentation.
– The Contractual Partner may not offer any of the following products or services:
a) Anonymization services b) Weapons, accessories or similar c) Tobacco products d) Gaming bots e) X-rated services and products f) unapproved financial products and services
– The Contractual Partner must comply with the respective statutory regulations, in particular undertake the obligations necessary pursuant to §§ 40 ff. of the Austrian Banking Act (int. al. monitoring and notification duties).
– The Contractual Partner itself, as well as its management, shareholders and owners are: (i) not permitted to fall within the scope of or be affected by UN sanction resolutions 1267 (1999), 1371 (2001), 1333 (2002) and 1617 (2005); (ii) not permitted to be based in a country against which the FATF may have proposed or initiated financial sanctions and counter-measures; (iii) not permitted to fall within the scope of EC Regulation 2580/2001 and 881/2002; UK Terrorism Act 2000, Schedule 2; terror resolution 2006 (UN measures); Al-Qaida and Taliban resolution 2006 (UN measures); or any announcement and new resolutions pertaining to financial sanctions made by the United Kingdom. – Sole propiertorships are not permitted to register themselves as merchants for the purpose of distribution of paysafecards. Each Merchant that wishes to distribute paysafecards or otherwise offer paysafecard as a Payment Method, must at a minimum be registered as a tradesperson in a public commercial register and registered for VAT and hold all relevant licenses and/or permits required for their trade.
QIWI -TERMS OF USE
The payment method “QIWI” is an E-Wallet which enables end-customers to set up multiple deposit options and is provided by QIWI Payments Services Provider Limited, UAE.
– The contractual partner shall incorporate QIWI on a priority basis and shall inform its customers on the possibility of making payments with QIWI by posting the appropriate information in its interface.- The contractual partner shall inform itself about the then current transaction limit of QIWI.
– The contractual partner shall not use the payment method “QIWI” for the following goods and services: Artefacts, historical objects; used cosmetics; counterfeit currency; Drugs and drug paraphenalia; electronic devices deemed unlawful by the consumers´s country of residence; firearms; government documents; dangerous and hazardous goods; human parts and remains of human parts; items, encouraging illegal activity; locksmithing devices; offensive material; prescription drugs; pills; prohibited items; slot machines; stolen property; herbs, noxious weeds; illegal/privacy audio or video recordings; goods, having no use value.
– The contractual partner shall cooperate with PPRO to investigate any suspected illegal, fraudulent or improper activity by Customer, inclusive of the provision of any personal infomation concerning the Customer such as name, date of birth, personal address, identity or address documentation and transaction patterns.
MONEYBOOKERS – TERMS OF USE
The payment method “Moneybookers” and/or “Skrill Solutions” is an E-Wallet and is provided by Moneybookers Limited and Next Generation Payments Limited, both with registered office at Welken House, 10-11 Charterhouse Square, London, EC1M 6EH, UK, together referred to as “Skrill”.
– The Contractual Partner shall use commercially best efforts to ensure that Moneybookers is integrated on the Merchant´s respective website as a visible payment method.
– The contractual partner will directly contract with Skrill/Moneybookers. The contractual partner is obliged to adhere to and follow the Skrill/Moneybookers current Terms of Use available at http://www.moneybookers.com/pdf/terms/mb_terms_en.pdf.
SEPA PAY OUTS – TERMS OF USE
SEPA Pay Out allows the Contractual Partner to make authorised payments to its own customers’ bank accounts that are situated within the Single Euro Payments Area.
– In order to execute a SEPA Pay Out, the Contractual Partner must provide the following necessary transaction details:a) Name of the customer who is the recipient of the SEPA Pay Out; b) The payment amount in EUR; c) The IBAN of the customer who is the recipient of the SEPA Pay Out; d) BIC; e) Payment Purpose of the SEPA Pay Out.
Incomplete or incorrect transaction details may result in the delay or incorrect execution of SEPA Pay Outs for which PPRO shall not accept any liability whatsoever. PPRO is at all times entitled to refuse the execution of SEPA Pay Out transfers. The Contractual Partner will provide PPRO its authorised instructions for the execution of SEPA Pay Outs, inclusive of the above transaction details, via the PPRO API.
– Upon PPRO’s receipt of an authorised instruction from the Contractual Partner, a SEPA Pay Out can typically no longer be cancelled or revoked. Despite this, the Contractual Partner may attempt to cancel an authorised instruction for a SEPA Pay Out by requesting the same in writing to PPRO who will charge a processing fee as specified for in Appendix 1. Notwithstanding the foregoing, under no circumstances does PPRO guarantee that such a request will result in the effective cancellation of a SEPA Pay Out or a refund of a SEPA Pay Out transaction.
– PPRO will execute payment instructions for SEPA Pay Outs under the following conditions:
a) the Contractual Partner has provided the necessary transaction details set out in clause 35.2; and b) the Contractual Partner maintains an adequate amount of funds with PPRO to enable payment of the SEPA Pay Out transaction amount.
– Should the conditions in clause 35.4 not be met, PPRO is entitled to refuse to execute the SEPA Pay Out payment instruction and/or to make such transaction subject to receipt of a security deposit from the Contractual Partner. At all times, the Contractual Partner fully authorises PPRO to deduct the amount of any SEPA Pay Out transaction from funds that PPRO otherwise holds for the benefit of the Contractual Partner. PPRO assumes no responsibility whatsoever for the maintenance by the Contractual Partner of adequate funds in relation to SEPA Pay Out instructions. The Contractual Partner hereby indemnifies and holds PPRO harmless from all claims in relation to the use of the Contractual Partner’s customer funds for SEPA Pay Outs.
– The Contractual Partner shall ensure via a written contractual agreement with its own customers that for each SEPA Pay Out it obtains the transaction details provided for under clause 35.2 from the customer. Furthermore, the Contractual Partner shall ensure that it makes proof of such information available to PPRO at any time upon request.
– PPRO assumes no liability to the Contractual Partner for unauthorised, misdirected or delayed SEPA Pay Out transfers unless it can be proven that PPRO caused the fault due to its grossly negligent or intentional misconduct. In such cases, any claims of the Contractual Partner are strictly limited to a maximum of the amount of the SEPA Pay Out transfer that has not been executed. In no event whatsoever shall PPRO be liable for consequential damages or for claims based on unforeseeable events or their consequences, or that could not have been avoided despite the exercise of due caution by PPRO. – The Contractual Partner warrants that it has at all times obtained complete information on the identity of its customers and that it has adequately verified such information in accordance with applicable laws, in particular with regard to applicable anti-money laundering legislation. The Contractual Partner undertakes upon request to immediately provide PPRO the following information and personal data concerning its customers:
a) Full name, date of birth, residential address; b) Copy of a government issued identity document; c) Copy of documentary proof of residential address.
The Contractual Partner shall ensure via written contractual undertaking with its customers that it shall all times have the right to pass on to PPRO the personal data and information provided for within this clause.
SEPA DIRECT DEBIT – TERMS OF USE
SEPA Direct Debit (SDD) allows the Contractual Partner to collect funds from a Customer’s bank account within the Single Euro Payments Area.
– SEPA Direct Debit is facilitated by means of a direct debiting mandate through which a Customer (the “Payer”) authorises the Contractual Partner (the “Payee”) to debit his or her account for a fixed amount for any future invoice or for recurring payments. Such a direct debiting mandate may be obtained from a Customer in written or electronic form. – PPRO offers – on an optional basis – the administration of one time electronic direct debiting mandates for the Contractual Partner (to be used for E-Commerce Merchants).
– In case the Contractual Partner chooses to administrate direct debiting mandates on its own, the Contractual Partner undertakes to only submit debits for collection if it has been provided with the appropriate direct debiting mandate from the Payer. Should a Direct Debit be reversed by the Contractual Partner or the Payer, or should debit of the claim fail due to reasons attributable to the Contractual Partner – in particular due to insufficient credit or incorrect account information in its Customer menu – the Contractual Partner is fully and unconditionally liable to pay the outstanding amount, as well as any applicable reverse fees, any applicable third party Fees of the bank holding the account and any handling Fees, no later than within 7 banking days of notice from PPRO.
– Should the Contractual partner choose the PPRO direct debiting mandate administration, PPRO will administrate the direct debiting mandates in compliance with the rules and regulations of the applicable EU Regulation number 260/2012 of 14.03.2012 as follows:
a) PPRO will create a new direct debiting mandate for each Payer of the Contractual Partner by collecting the following necessary direct debiting data: i) Mandate ID (reference number) ii) Date iii) Amount iv) Reference v) Name and Address of the Payer vi) IBAN and BIC of the Payer vii) Name of the recipient of the payment viii) IBAN and BIC of the recipient of the payment ix) Modality of the direct debiting mandate: A) recurring, one time, first, last direct debit, return debit note B) PPRO uses the Cor1 (rapid debit transfer system) direct debiting mandate meaning that the AVIS period is shortened to one business day, in cases where the Payer does not repudiate the direct debit within one business day x) No written form for the direct debiting mandate. According to EU Regulation No. 260/2012 which governs SEPA Direct Debiting there is no written rule that the direct debiting mandate has to be in written form. Therefore the validity of the SEPA Direct Debiting electronic mandate is ruled by the terms and conditions of the collecting banks. PPRO´s collecting bank does not set the requirement of a written direct debiting mandate.
The Contractual Partner is responsible for delivering the correct data where it is in his possession. PPRO will store the mandates for at least 14 months from the date of issuance. PPRO will send a Pre-Notification E-Mail to the Payer (the end customer of the Contractual Partner) comprised of the following information:
a) Date of debiting of the Payer´s account b) Amount that will be debited c) Mandate ID (reference number) and d) Creditor ID (PPRO/Merchant)
The Customer will receive an E-Mail with a link from PPRO so that he can access his mandate anytime via this link.
– PPRO does not check the legitimacy of incoming SEPA Direct Debit payments and any transactions disputed by the Payer must be returned to the Payer as a Chargeback. The Contractual Partner acknowledges that the Direct Debit Payment Method contains an inherent risk of Customer Chargebacks and in order to mitigate against such a risk, PPRO is entitled to request a Holdback from the Contractual Partner. Furthermore, unless otherwise agreed with the Contractual Partner, settlement of Direct Debit funds shall be once per week deferred by 10 days. In case of a Charge Back the Contractual Partner is not permitted to hand in the same SEPA Direct Debit again.
– Should the Contractual Partner choose to administrate the SEPA direct debiting mandates on its own, PPRO may at any time request and obtain from the Contractual Partner submission of the Payers’ written or electronic Direct Debit mandates. PPRO may also at any time request and obtain evidence of compliance of the Contractual Partner with the preceding provisions and the Contractual Partner shall provide all such information to PPRO without delay.
– Unless agreed otherwise, the Contractual Partner may not submit Direct Debits exceeding a maximum of EUR 500,000.00 within a period of thirty days.
– Should the Contractual Partner breach any of the provisions within this clause or otherwise within these Terms and Conditions, or Chargeback ratios are above acceptable industry standards, PPRO may refuse to execute the submitted direct debits, reasonably adjust any Holdbacks and/or withhold remittance of funds. Furthermore PPRO shall be entitled to an extraordinary termination of the contract in this case. Further compensation claims of PPRO shall remain unaffected.
– In case a direct debit cannot be executed due to objection or insufficient credit, usual Chargeback Fees shall apply.
INSTANT TRANSFER – TERMS OF USE
InstantTransfer is a Payment Method that in principle can be used by all German end-Customers with access to an online banking compatible bank account.
– The Contractual Partner is obliged to integrate InstantTransfer into its own webshop or ensure the integration of InstantTransfer into its Merchant’s webshop(s). With the InstantTransfer Payment Method, PPRO forwards the end-Customer of the Contractual Partner via a technical process to the InstantTransfer payment site where the end-Customer can authorise his Transaction by entering his online banking data (PIN/TAN). PPRO notifies the Contractual Partner in cases where an online bank transfer has successfully been initiated by the end-Customer.
– The possibility of stopping or recalling an InstantTransfer initiated online bank transfer as well as the duration of the execution of the payment is subject to the general terms and conditions of each end-Customer Bank. The bank transfer takes in general 1 to 3 bank working days. PPRO has no influence or control over the content of such general terms and conditions and cannot prevent any changes that may or may not be incorporated from time to time. The Contractual Parties acknowledge that the general terms and conditions of end-Customer banks with respect to the use of InstantTransfer may change at any time in the future. For these reasons InstantTransfer is not a guaranteed Payment Method and PPRO shall not be held liable for the execution of recalled InstantTransfer payment transactions.
– The contractual partner is aware that currently, online bank transfers can be carried out by most major banks in Germany. However PPRO does not in any way guarantee that an end-Customer will be able to make an online bank transfer from every bank account in Germany using InstantTransfer. Furthermore, PPRO does not guarantee that transactions which may currently be made with InstantTransfer via individual banks will continue to remain possible in the future.
– The transfer of sensitive end-Customer data is via a secure and encrypted SSL connection and is subject to the very high data security standard of PCI DSS 2.0.
CREDIT CARD – TERMS OF USE
Credit cards hold a top position as a means of payment in e-commerce. The reasons for this are a high level of international acceptance and a high degree of security. In order to use the credit card solution the Contractual Partner or its Merchants as applicable will require a relationship with an acquiring bank (“Acquirer”) which may be implemented through PPRO. PPRO’s credit card solution supports payments with the following credit cards: Visa, MasterCard. – When making a credit card payment at a Merchant, the Customer enters his card data. PPRO handles the communication with the Acquirer and provides the result of the transaction to the Contractual Partner. Following a successful transaction, the Customer’s card is charged, and PPRO (or an Acquirer retained by PPRO) pays the proceeds minus the discount and additional fees, where appropriate, to the Contractual Partner. PPRO has no control over the Acquirer’s checks and only transmits the results.
– By signing this Agreement, the Contractual Partner confirms that it has informed itself of the Rules & Regulations Mastercard (which may be downloaded under http://www.mastercard.com/de/haendler/index.html ) and accepts them in full. PPRO may terminate or suspend its contractual relationship with the Contractual Partner with immediate effect should PPRO at its sole discretion deem it necessary or due to a suspected breach of the Rules & Regulations of the credit card organisations, or due to an increased occurrence of chargebacks, or due to suspected fraudulent actions by the Contractual Partner or due to suspected breach of applicable law by the Contractual Partner and/or if third parties, in particular credit card organisations, request such action to be taken.The Contractual Partner acknowledges and accepts that the card organisations reserve the right to deregister individual merchants at their sole discretion in case of an increased occurrence of chargebacks or other breaches of the Rules & Regulations of the card organisations which may be downloaded from the internet under http://www.mastercard.com/de/haendler/index.html. PPRO is not responsible for the deregistration by the card organisations unless PPRO is solely responsible for the acts which have resulted in such deregistration.
– By signing this Agreement, the Contractual Partner agrees that third parties (e.g. the card organisations) and/or PPRO may audit the Contractual Partner or its Merchants, in particular with regard to factors such as: business risk and potential breaches of this Agreement.
– The Contractual Partner undertakes to comply with turnover limits that may be prescribed by PPRO from time to time.
– The Contractual Partner acknowledges and accepts that the card organisations may impose penalties and fines on PPRO in case the Contractual Partner or its Merchants breach the globally applicable Rules & Regulations of the card organisations. The Contract partner shall fully indemnify and hold harmless PPRO from and will be held liable to pay all such penalties, fines and associated expenses. The Contractual shall further be liable to pay PPRO any costs or expenses that PPRO incurs for the purposes of performing this agreement to the extent such costs and expenses appeared reasonably necessary to PPRO in light of the circumstances. Costs and expenses within this clause include in particular penalties and fines of the card organisations which are directly or indirectly imposed on PPRO, to the extent that these penalties and/or fines are related to the performance of this Agreement. PPRO may deduct reimbursement of expenses pursuant to clause 38.6 from the amounts to be paid out pursuant to clause 10 of these Terms and Conditions.
The Contractual Partner agrees that PPRO acquires a lien over all claims to which the Contractual Partner is currently and in future entitled against PPRO under this Agreement. The lien serves to secure all existing, future and contingent claims to which PPRO is entitled against the Contractual Partner (e.g. chargeback rights and reimbursement of expenses under clause 38.7).
– Refunds by the Contractual Partner or its Merchants to card holders who have made purchases via POS may only be issued using the POS device. Refunds for services for which the Contractual Partner has requested or received payment by PPRO under this Agreement may only be made by the Contractual Partner by issuance of a credit voucher, the original of which must be handed over to the card holder. The credit voucher must be filled out completely and signed on behalf of the Contractual Partner in legally binding form. It must be submitted to PPRO within five (5) work days after issuance. In no case may cash or non-cash payments be made to the cardholder. The issuance of a credit voucher for transactions which were not previously submitted to PPRO is not permitted. The Contractual Partner undertakes to pay to PPRO the credit amount and the service fees incurred for making the credit. Subject to PPRO receiving such payment from the Contractual Partner, PPRO will order the card company to credit the credit amount to the card holder’s account.
The Contractual Partner shall request an authorisation by the respective card company via PPRO for each transaction.
The Contractual Partner acknowledges that only businesses incorporated and based in Europe may be connected for the purposes of credit card acceptance under this Agreement.
ASTROPAY – TERMS OF USE
In the following Terms of Use, “Astropay” shall refer to the APC Direct Payment Method or the Astropay Prepaid Card Payment Method as applicable.
– The Contractual Partner shall sell its products and services to Customers paying by Astropay at the same price and under the same conditions as the Contractual Partner provides to those Customers paying using other Payment Methods. The Contractual Partner must not fix a minimum payment amount below US$10 for the use of Astropay.Astropay may only be used to pay for products and services of the Contractual Partner where there is a direct contractual relationship between the Contractual Partner and the Customer unless PPRO authorises it in writing to do so otherwise.
The Contractual Partner must not:
a) accept payment by Astropay for the sale of services or products which are to be performed or delivered by a party other than the Contractual Partner; b) accept payment by Astropay for services or products which are outside the Contractual Partner’s ordinary course of business; c) accept payment made by Astropay where such payment would mean the daily number of APC Direct or Astropay Prepaid Card transactions processed by the Contractual Partner exceeds 10,000; d) enagage in the business of gambling services; e) accept payment by Astropay for a loan or an extension of a loan or any other financial services; or f) accept payment by Astropay for products or services which involve or are connected to obscene, pornographic, unlawful, or to instructions on the production of weapons or explosive; or g) permit any change in the customer delivery address after an Astropay transaction authorisation request has been sent to PPRO.
The Contractual Partner shall have and maintain in place adequate policies and procedures to prevent fraudulent use of Astropay, enforcing such policies and procedures where appropriate. The Contractual Partner shall promptly provide PPRO with the non-identifiable user number associated with a suspected fraudster or suspicious transaction and/or, subject to any legal requirements, any other relevant information that the Contractual Partner is aware of in relation to such activity.
– The Contractual Partner shall use all special security processes reasonably introduced by the PPRO to prevent fraudulent transactions and shall bear the costs for implementing such processes.
– The Contractual Partner must not accept payment by APC Direct if, due to the circumstances in which APC Direct is being used, the Contractual Partner has reasons to assume that the use of the APC Direct was fraudulent. In the event that Contractual Partner’s internal systems and procedures detect a user of APC Direct or a transaction with high risk of fraud, the Contractual Partner shall promptly either:
a) decline the proposed Transaction; or b) reverse the Transaction. In either case the Contractual Partner must provide PPRO with immediate notice that the proposed Transaction has been declined and/or the reversal of the Transaction. 39.8 APC Direct is only permitted to be used by persons aged 18 years or older. 39.9 The Contractual Partner shall submit in a timely fashion to PPRO, the following information with respect to each Transaction as soon as such Transaction is effected: a) The secure internet address of the Contractual Partner or its merchant as applicable; b) The type of Merchant; c) The Astropay user’s account number and expiration date; d) All details relating to the proposed Transaction, including the amount of the relevant transaction; and e) Such additional information as may from time to time reasonably be required by PPRO.
– In relation to Astropay Prepaid Cards, the Contractual Partner shall be responsible and shall reimburse PPRO for any non-compliance fines, fees or penalties levied by any Card association related to the Transactions, and PPRO is at all times entitled to deduct such fines, fees or penalties from the Contractual Partner’s Account.
RABERIL PAYOUTS – TERMS OF USE
The Contractual Partner shall submit to PPRO a list of the Customers that shall receive Payments with the following correct data: Bank Name, Bank Branch number, Bank Account number, Beneficiary full name.
– Payments will be initiated by 08:00 Uruguay time the Business Day following receipt of an authorised payment instruction from the Contractual Partner.
-Payment in full will be made to the recipient in the official currency or such other currency as authorised by PPRO (or in the official currency of the country to which the Payment has to be transferred, in case said country has restrictions to foreign exchange), in cash at the prevailing conversion rate set by PPRO.
– The Contractual Partner undertakes to not knowingly effect, or attempt to effect, payments in respect of transactions which constitute unlawful transactions and/or relate to adult content (irrespective of whether that adult content is lawful or unlawful under the law of any applicable jurisdiction).