Preamble
These terms of use of the GoPay payment gateway follow on from the GoPay account terms and conditions and extend them with further contractual obligations of both parties arising from the use of the payment gateway.
Definitions
The GoPay Payment Gateway means the application for carrying out payment transactions for the purpose of Issuing Electronic Money or making Payments in Electronic Money, which integrates the individual payment methods and facilitates the transfer of funds into the GoPay Payment System environment.
The PG terms mean these terms of use of the GoPay Payment Gateway. The PG terms are issued by GOPAY.
The PG Fee Schedule means the schedule of charges and fees connected with operating the GoPay Payment Gateway issued by us.
The Terms and Conditions mean the terms governing the formation and termination of the Contract on the issuance and use of Electronic Money between us and you as the holder of Electronic Money, and also the obligations of both parties. The Terms and Conditions are issued by GOPAY.
Terms with an initial capital letter used in these PG terms have the meaning defined either in these PG terms or in the Terms and Conditions.
Scope of the terms
The PG terms set out the rules governing the use of the GoPay Payment Gateway's functionality by Clients who use the GoPay payment gateway to sell goods or provide services.
The PG terms supplement the Terms and Conditions, which set out the rules for opening, using and closing a GoPay account.
Setting up the GoPay Payment Gateway
You become entitled to use the GoPay Payment Gateway as a further function of the GoPay Payment System at the moment you confirm that you agree to these PG terms and we approve you to use the GoPay Payment Gateway.
You acknowledge and accept that the availability of the GoPay Payment Gateway is subject to its activation process, in which we assess whether you and the activity you carry out meet all the requirements of the PG terms and the Terms and Conditions. We reserve the right not to enter into cooperation in cases where we may believe that the Security Rules, the PG terms or the Terms and Conditions could be breached.
In addition to these PG terms, the contractual relationship between you and us is governed by the PG Fee Schedule, and you are obliged to pay these fees. By agreeing to the PG terms you also approve the PG Fee Schedule.
You acknowledge that where your activity is assessed as risky under the Terms and Conditions, we are entitled to apply individual fee terms or other security parameters.
Before starting production operation you must properly test the integration of your application, which is used to offer and sell goods or services, with the GoPay Payment Gateway, following our instructions, guides and recommendations.
You must carry out a separate integration on every portal on which you want to operate the GoPay Payment Gateway. Using the integration credentials of one portal to set up other portals is expressly prohibited.
Using the GoPay Payment Gateway
When selling goods or providing services using the GoPay Payment Gateway you undertake:
to offer and enable your contractual partners to make payments through the GoPay Payment Gateway,
not to misuse our copyright and other intellectual property rights and to refrain from any interference with such rights of ours,
immediately after the end of the contractual relationship with us, to remove the GoPay Payment Gateway software from your system and to stop using the GoPay designation as well as the other logos, trade marks and names you use in connection with the contractual relationship (in particular also the logos, trade marks and names of our contractual partners that you use with our consent and the consent of our contractual partners),
to give us or our contractual partner, and where applicable also state authorities and institutions, all the necessary cooperation on request in analysing clients or transactions, thereby enabling the proper and timely fulfilment of the obligations arising from the relevant laws and, where applicable, from contractual arrangements,
to equip your application integrated with the GoPay Payment Gateway with all the elements and information given in the help centre that are required by the relevant legislation, in particular Act No. 634/1992 Coll., on consumer protection, and by the requirements of banks and card schemes that are usual in this segment,
where you offer your customers recurring payments, you must provide your customers with the information given in the help centre.
to inform us immediately and to keep your identification details up to date in the e-shop, as well as the names of the websites of the applications integrated with the GoPay Payment Gateway, the list of services provided to your contractual partners, and the number of your bank account designated for paying out the transactions we have received for you,
to display the logos designating the payment methods accepted visibly, according to the template we provide, and to state clearly that data is transmitted securely using the SSL protocol,
not to discriminate against or favour any payment method offered by the GoPay Payment Gateway, to offer all payment methods on fully equal terms and not to set any financial or other limits or restrictions on the use of a particular payment method,
to keep documents evidencing the delivery of goods or the provision of a service to a contractual partner for at least 10 years from the transaction, and to provide these documents to us or to our contractual bank immediately on request. The documents must contain sufficient information to prove that the service or goods in question were ordered by the cardholder and that the service was provided or the goods delivered to the cardholder in the agreed way,
to return the amounts of monetary transactions when your contractual partner withdraws from the contract, through the GoPay Payment Gateway, unless agreed otherwise. You are not entitled to return the amounts of payment transactions in cash when your customer withdraws from the contract.
When selling goods or providing services using the GoPay Payment Gateway you undertake to refrain from the following activities in connection with carrying out payment transactions:
allowing a single order to be paid through several payments,
making or accepting payment for a transaction that does not arise directly from a contractual relationship between the Client and the cardholder concerning the sale or rental of goods or the provision of a service,
using or accepting a payment card for payments for legal services or expenses arising from or relating to: (i) a defence for any criminal offence except traffic offences and traffic infringements; (ii) any domestic legal matters where the services or expenses relate to a person not named on the bank card; (iii) any bankruptcy, insolvency, composition or similar proceedings, including liquidation and cases of insolvency, affecting the creditors of the bank cardholder,
using the Client's bank card, or a card the Client has access to, to carry out a payment transaction in order to obtain credit or a loan for the Client's benefit,
carrying out again a payment transaction that has already been settled, regardless of any consent from the cardholder,
charging any tax on a payment transaction except where this is expressly required by the relevant legislation. Any tax applied must be included in the total amount of the payment transaction and not collected separately,
paying out funds in the form of traveller's cheques where the sole purpose is to enable the payment cardholder to purchase goods or services from the Client in cash,
paying out funds in cash,
accepting a payment card in order to repay or refinance an existing debt,
providing a loan in return for goods or services returned that were paid for in cash,
paying out any amount in cash to a payment cardholder who made a purchase with a payment card. All refunds of funds will be made to the account the payment card used for the purchase was issued to,
accepting a payment card in order to carry out third-party sales.
You must not use the GoPay Payment Gateway in connection with purposes and activities other than those you stated when activating the GoPay Payment Gateway.
Where you arrange delivery of goods to a place designated by your contractual partner, you are liable for the loss, shortfall or damage of the consignment or for delay in delivering the goods until the goods are delivered to the destination. For every delivery of goods you must obtain from the carrier a document evidencing delivery of the goods to your contractual partner.
If the delivery time of the goods or service is longer than 30 days from the date the payment transaction was authorised, you must demonstrably inform your customer of the period for delivering the goods or providing the service. The total delivery time must not, however, exceed 120 days from the date the payment transaction was authorised.
Unless we agree otherwise, you agree to the GoPay Payment Gateway being presented in the form of the standardised GoPay icon with an active link to our website; we will supply you with this icon and you will place it in a suitable way on the home page or on the payment method selection page in your application integrated with the GoPay Payment Gateway.
By agreeing to these PG terms you give us consent to use your business name, designation or company and, where applicable, your logo, if you use it in your business activity, for promotional and marketing purposes.
With our prior consent and under the conditions we set, you are entitled to use the card scheme logos and trade marks in your own advertising and promotional materials.
You agree that on the statements from payment card acceptance we will show you the level of the fees for each card transaction as a single total price charged in aggregate for all categories and different brands of payment cards, comprising: (i) the MIF, (ii) the fees of the card companies VISA and MasterCard and (iii) the transaction fees charged to you.
At your request and with your consent it is further agreed that we will offer and charge you the fees for a card transaction as a single total price charged in aggregate for all categories and different brands of payment cards, comprising: (i) the MIF, (ii) the fees of the card companies VISA and MasterCard and (iii) the transaction fees charged to you.
We will regard a statement containing an overview of the payments credited to or debited from your GoPay account and an overview of the fees charged as approved once thirty (30) days have elapsed after the statement was made available to you. After that period, discrepancies given in the statement cannot be disputed.
Security measures
We ensure the protection of your data under Czech Act No. 101/2000 Coll., on the protection of personal data and amending certain acts, as amended. The full wording of the Privacy rules is given here.
You acknowledge that you too are obliged to take such measures to secure your customers' personal data that it cannot be misused by unauthorised persons. The protection requirements can be found in the European Banking Authority's general guidelines on the payment services directive or in the PCI-DSS standards. Where necessary, we are entitled to ask you at any time to demonstrate that you meet these obligations, for example by means of a SAQ (Self-Assessment Questionnaire) and/or AOC (Attestation of Compliance) questionnaire, or by a physical inspection of the place where you process personal data.
If you process or intend to process third parties' payment card numbers or other payment card data that can be used to carry out payment card transactions, you must inform us of this in writing without delay.
You acknowledge and agree that we regularly and also randomly check that your business portal complies with the AML rules, the Security Rules and the other obligations laid down by the PG terms and the Terms and Conditions.
In order to fulfil the obligations under this article you undertake in particular to comply with the following security rules:
to operate your online shop (e-shop) so as to minimise the risk of personal data leaking, both through interception of the communication between the customer and you and through leaks of data stored in your systems;
to ensure security, you must implement a connection supporting TLS and using at least 128-bit TLS communication between the customer's browser and your server (or online shop – e-shop);
to ensure security, we recommend implementing technologies that provide controlled access to systems for internet transactions, such as a firewall or proxy server, and carrying out regular updates of software and antivirus software and proper system administration procedures;
to protect access to systems and data from unauthorised users;
to keep records of the individual operations carried out by customers when using the system, with a view to possible evidence in the event of an attempt to misuse the system;
we recommend using secure technologies (such as chip cards) for the secure storage of secret cryptographic keys.
Limited availability of the services
Neither the scope (substantive, functional or territorial) nor the availability of payment methods in your GoPay Payment Gateway is guaranteed, unless expressly agreed otherwise.
You acknowledge that the providers of the individual payment services (in particular in the case of payment services provided through payment cards) may be entitled at any time to require us to stop providing you with such a payment service in relation to the use of the GoPay Payment Gateway. In that case we must suspend the provision of the service to you immediately; you agree to and understand this entitlement.
We are entitled, to the extent necessary and with immediate effect, to terminate, suspend or restrict the provision of the services of your GoPay Payment Gateway in justified cases. This applies in particular where we come to suspect that the GoPay Payment Gateway is being used contrary to the PG terms or the Terms and Conditions, or where the Security Rules are breached. Any reactivation is conditional on these shortcomings being remedied, and you must bear in mind that the sales portal is subject to new approval and that the payment methods or settings approved earlier are therefore not guaranteed.
You acknowledge and agree that, if we find that your sales portal is inactive (not working) or that no payment has been made through the GoPay Payment Gateway in the last 6 months, we are entitled to deactivate the Payment Gateway without further notice. You are entitled to ask us to reactivate the GoPay Payment Gateway on your sales portal, but you must bear in mind that your sales portal is subject to new approval and that the payment methods or settings approved earlier are therefore not guaranteed.
Notwithstanding other provisions of the PG terms, we are entitled to suspend or terminate the provision of services or the carrying out of payment transactions immediately if we have found or been notified that:
you have in any way caused or allowed unauthorised disclosure or use of payment card information,
you are listed in the card schemes' MATCH and VMAS lists as an undesirable or risky person,
damage or unlawful conduct could arise from a breach of the Security Rules, the PG terms or the Terms and Conditions.
Bank terms
You agree that, in accordance with Section 1751 of the Civil Code, the general terms and conditions of the banks we work with contractually in operating the GoPay Payment Gateway (the “Bank terms”) also form an integral part of the contractual terms between you and GOPAY. By accepting the PG terms you also confirm that you have familiarised yourself with the content and meaning of the documents referred to in the previous sentence, as well as of the other documents referred to in those documents, and that you expressly agree to their wording.
You declare that the meaning of the documents under this article has been sufficiently explained to you and you acknowledge that you are bound not only by the Terms and Conditions and the PG terms but also by these documents, and that failure to fulfil the obligations or conditions set out in these documents may have the same legal consequences as failure to fulfil the obligations and conditions arising from the Terms and Conditions and/or the PG terms.
You agree that the banks we work with contractually in operating the GoPay Payment Gateway are entitled to set off their claims against you to the extent and in the manner set out in the documents under this article.
You acknowledge and agree that a bank we work with contractually in operating the GoPay Payment Gateway is entitled to terminate the provision of payment services to you with immediate effect in the cases set out in the Bank terms and also in these cases:
you breach in any way the contract concluded between you and GOPAY
fraudulent payment card transactions take place at the place where the goods and/or services are provided;
no payment card transaction has been carried out at the place where the goods and/or services are provided during a period of twelve (12) months;
in the cases given under points 8.4.2 or 8.4.3 above, the bank is entitled to determine that the provision of payment services applies only to the particular place of providing goods and/or services where the circumstances under points 8.4.2 or 8.4.3 above arose.
If a bank exercises its right under this point of the PG terms, we will terminate the provision of payment services to you with immediate effect to the same extent as that adopted by the bank.
Final provisions
We are entitled to amend the PG terms unilaterally according to the rules and conditions set out in this article. You agree to this entitlement.
If we amend these terms, we are obliged to notify you of the change in advance by an e-mail message containing a link to the new PG terms, from where you can print them or save them in electronic form.
The PG terms are issued in electronic form and are available on our website.
We proceed on the basis that, under the relevant authorisation, you carry out a business activity on the internet for the purpose of selling goods or providing services and that you use your GoPay account in connection with that activity. The provisions of consumer protection legislation therefore do not apply to you. If you use your GoPay account in connection with a business activity, you must demonstrate within one week that you are a small business within the meaning of the Payments Act. If you do not do so within that period, you are deemed not to be a small business.
You are liable, regardless of fault, for any damage (harm) caused by a breach of these PG terms, the Terms and Conditions or the Security Rules.
By agreement of both parties, the application of Sections 1799 and 1800 of the Civil Code on adhesion contracts is excluded from the contractual relationship between you and GOPAY to the maximum extent permitted by law.
By agreement of both parties, the application of Section 1765(1) and Section 1766 of the Civil Code is also excluded from the contractual relationship between you and GOPAY to the maximum extent permitted by law.
The PG terms take effect on 1 March 2017.