Payment gateway Terms in effect as of 8/3/2015

Definitions

1. The GoPay Payment Gateway means an application for making payment transactions for the purpose of an Issue of Electronic Money or an Electronic Money Payment that integrates individual payment methods and facilitates transfer of money to the GoPay Payment System (hereinafter referred to as the “GoPay Payment Gateway”).
2. Terms with a capital letter that are used in the GoPay Payment Gateway Terms (hereinafter referred to as the “Payment Gateway Terms”) have a meaning defined in the Account Terms of Use unless expressly stated otherwise.

Scope of the Payment Gateway Terms

1. The Payment Gateway Terms lay down rules that govern the use of functionalities of the GoPay Payment Gateway by Clients who use it for the purpose of selling goods or providing services.
2. The Payment Gateway Terms complement the Account Terms of Use that lay down rules for opening, using and closing a GoPay Account.
3. You shall be entitled to use the GoPay Payment Gateway as another functionality of the GoPay Payment System at the moment when you confirm that you accept the Payment Gateway Terms and when we authorise you to use the GoPay Payment Gateway.

Using the GoPay Payment Gateway

1. The GoPay Payment Gateway is an instrument that is used for making payments for ordered goods or services.
2. The availability of the GoPay Payment Gateway is subject to activation as part of which we assess whether you and the activity you operate meet the requirements pursuant to the Payment Gateway Terms and the Account Terms of Use.
3. When selling goods or providing services via the GoPay Payment Gateway, you undertake:
   1. To offer and enable your business partners to make payments via the GoPay Payment Gateway;
   2. Not to misuse our copyright and other rights to intangible assets and refrain from any infringements of such rights that we have;
   3. To remove the GoPay Payment System software from your system and stop using the GoPay brand immediately upon terminating your contractual relationship with us and to remove any other logos, trademarks and names used in relation to the contractual relationship (in particular also the logos, trademarks and names of our contracting partners that you use with our consent and with the consent of our contracting partners);
   4. To provide timely necessary cooperation to us or to our contracting partner (in particular for the purpose of detecting suspicious trading) and enable us to duly and timely fulfil our obligations that follow from pertinent legislation or contractual provisions and provide all necessary cooperation to us for this purpose;
   5. To provide your application integrated with the GoPay Payment System with warranty terms and inform your customers about the terms for handling complaints, trade terms of sale, service provision as well as delivery terms including postage, packing charges and delivery periods if relevant for the point of trade. You undertake to inform your customers regularly and provide them in particular with the following information: a detailed description of offered goods and services including information about their origin and information about from where you send goods or provide a service, information about the currency in which payment transactions are made, information about how all data that you obtain from a customer is secured, and complete identification and contact data corresponding to reality;
   6. To update your data on an ongoing basis, such as the following: registered office address, website and application addresses integrated with the GoPay Payment Gateway, a list of services provided to your contracting partners, your bank account number designated for the payment of transactions that we have received and that are to be credited to you;
   7. To inform us without delay about any change of your identification data and about any changes of your ownership structure; we have a right to check whether you fulfil this obligation and may require your cooperation;
   8. To visibly place logos that determine accepted payment methods in accordance with a template provided by us and clearly state that data transmission is secured by the SSL protocol;
   9. Not to discriminate or not to give preference to any payment method whose use is offered by the GoPay Payment System, to offer all payment methods absolutely equally and not to set any financial or any other limits or limitations for the use of a specific payment method;
   10. To keep records of the delivery of goods or provision of a service to a contracting partner for at least 10 years from when the transaction was made and to provide such records upon request without delay to us or to our contractual bank. The above records have to contain sufficient information to prove that a given service or goods have been ordered by a payment card holder and that the service or goods have been provided to the payment card holder in an agreed manner;
   11. To return the amounts of payment transactions via the GoPay Payment Gateway when your business partner withdraws from a contract unless agreed otherwise. When your customer withdraws from a contract you are not entitled to return the amounts of payment transactions in cash.
4. When selling goods or providing services via the GoPay Payment Gateway you undertake to refrain from the following activities in relation to making payment transactions:
   1. Allowing the payment of a single order by multiple payments;
   2. Making or accepting a payment for a transaction that does not stem directly from a contractual relationship between a Client and a card holder related to the sale or lease of goods or provision of a service;
   3. Using or accepting a payment card in the case of payments for legal services or costs incurred or related to: (i) defence for any criminal offence with the exception of traffic offences and violations; (ii) any domestic legal affairs if the services or costs are related to a person who is not stated on the bank card; (iii) any bankruptcy, insolvency conciliation or similar proceedings including liquidation and insolvency cases, which affect the creditor of the bank card holder;
   4. Using a Client’s bank card or a card to which the Client has access to make a payment transaction in order to obtain a credit or a loan in the Client’s name;
   5. Making a payment transaction that has already been settled again regardless of a potential consent granted by the card holder;
   6. Levying any tax on a payment transaction with the exception of cases when it is expressly required by respective legal regulations. If a tax is levied, it has to be included in the total amount of the payment transaction and not collected separately;
   7. Paying financial means in the form of cheques if the sole purpose is to allow a payment card holder to purchase goods or services from a Client in cash;
   8. Paying financial means in cash;
   9. Accepting a payment card for the purpose of making an instalment or refinancing an existing debt;
   10. Providing a loan as a consideration for returned goods or services paid in cash;
   11. Paying any amount in cash to a payment card holder who has made a purchase by a payment card. All refunds shall be credited to an account to which the payment card used for the purchase was issued;
   12. Accepting a payment card in order to effect a third-party sale.
5. You shall not use the GoPay Payment Gateway for other purposes and activities than those you stated when you activated the GoPay Payment Gateway.
6. If you deliver goods to a place designated by your contracting partner, you shall be liable for the loss of, or damage to, the consignment and/or for a delay of the delivery of goods until the time when the goods are delivered to the designated place. You are obliged to ask the carrier for a bill of delivery of goods to your contracting partner for each delivery of goods.
7. If the delivery period of goods or a service is longer than 30 days from the day when a payment transaction was authorised, you shall demonstrably inform your customer about the period of goods delivery or service provision. However, the total delivery period shall not exceed 120 days from the day when the payment transaction was authorised.
8. Unless agreed otherwise, you accept presenting the GoPay Payment System in the form of a standardised GoPay icon with an active link to our website; we shall provide this icon and you shall place it in a suitable manner on the home page and on the page where a payment method is selected in your application environment integrated with the GoPay Payment Gateway.
9. By accepting the Payment Gateway Terms you grant us your consent to use your trade name, designation, company and/or your logo if you use the above in your trading activity for promotional and marketing purposes.
10. Upon our prior consent and under terms set by us you are entitled to use the logos and trademarks of card associations in your own advertising and promotional materials.
11. By accepting the Payment Gateway Terms you acknowledge that making and completing a payment transaction is also governed by the terms and rules of providers of individual payment methods via which a payment transaction is made.
12. In accordance with rules applicable to payment services made by offered payment methods we may require that certain Clients meet some special conditions even prior to commencement of service provision. These special conditions may apply in particular to Clients who sell flight tickets online or who operate betting, discount and prize portals.
13. You acknowledge and accept that if fraudulent activities are suspected, you may be approached by our contracting partners (in particular banks) and their employees, and that in this case you are obliged to communicate with the respective contracting partner, respond to its recommendations and follow its instructions to the extent necessary as part of investigation of a suspected fraudulent activity.
14. The scope and availability of payment methods in your GoPay Account or the GoPay Payment Gateway are not guaranteed unless expressly agreed otherwise.
15. You acknowledge that providers of individual payment services (in particular payment services provided by payment cards) may be entitled to request at any time that this payment service be terminated in relation to your GoPay Account. In this case, we shall suspend service provision to you without delay; you hereby accept this entitlement to do so and grant your consent to it.
16. Regardless of other provisions of the Payment Gateway Terms we are entitled to terminate or suspend service provision and/or making payment transactions immediately if we have established or if we have been notified that:
    1. You have in any way intentionally caused or allowed unauthorised access to, or use of information about, a payment card;
    2. You are listed on a card association list as persona non grata or as a high-risk person.
17. You acknowledge and accept that regulations issued by card associations or by our contracting partner, which is a bank, shall prevail over contractual provisions between you and us. You undertake to adhere to regulations issued by card associations. This provision pertains only to making payment transactions by payment cards.

Final Provisions

1. We have a right to unilaterally change the Payment Gateway Terms in accordance with the rules and terms laid down in this Article. You accept our entitlement to do so.
2. If we change the Payment Gateway Terms, we are obliged to notify you of this amendment in advance by e-mail containing a link to the new Payment Gateway Terms from where you may print them or download them in electronic form.
3. The Payment Gateway Terms are published in electronic form and are available on our website.
4. We assume that you pursue business activities on the Internet on the basis of a pertinent authorisation for the purpose of selling goods or providing services and that you use your GoPay Account in relation to your activity. With regard to the above, the provisions of legal regulations regarding consumer protection shall not apply to you. If you use your GoPay Account in relation to your business activities, you are obliged to provide evidence within one week that you are a small entrepreneur within the meaning of the Payment System Act. If you fail to do so in the given time limit, you shall not be deemed to be a small entrepreneur.
5. The Payment Gateway Terms come into effect as of 6/3/2015.