|
|
|
DebitWay.com's General Terms and Conditions
DebitWay.com offers the payment method in English. The vendor, service or content provider (hereinafter: Provider) would like to integrate this payment method in his application (online shop, content page, etc.).
This contract is valid for DebitWay.com in Germany, Switzerland, Austria, Belgium and UK. A separate contract with DebitWay.com is necessary for the Netherlands (transfers from a Dutch bank account). In this respect, the parties agree as follows:
1 Information about the payment method "DebitWay.com"
1. The payment method carries the name "DebitWay.com" and is accessible on the Internet at the domain www.DebitWay.com.
2. The payment method process is structured as follows:
i
The Provider's customers (hereinafter: Customer) order products or services and are taken to the payment page of
DebitWay.com after completing their ordering. Here Customers find a remittance form which contains the bank account details of the
Provider. Optionally, the Provider can submit further additional information such as amount, intended purpose or name of the
Customer, which are then likewise indicated here.
ii
The Customer supplements the information on the remittance as required and, after entering his PIN and TAN,
can let it be transmitted to his bank via the Payment's software.
iii
The software indicates to the Customer if the bank has accepted the remittance. At the same time it is confirmed to the Provider.
iv
The possibility of cancelling an already accepted remittance, and/or to recall it, depends solely on the terms and conditions of trade
of the Customer's bank. Payment does not have influence on this and cannot prevent future changes.
3. Technical information.
i For the operation of the payment method, the Provider simply
integrates a link into his system which will take Customers to the DebitWay.com page.
ii The servers, on which DebitWay.com is run, are at
present located in a high security server centre in Frankfurt, whereby the security of the data is assured.
iii Transmission of sensitive data is done via a secure and
SSL-encrypted connection.
4. PIN and TAN of customers are not stored or archived at any time.
2 Integration into the range of payment methods offered by the Provider
1. The Provider agrees to integrate "DebitWay.com" into his Internet shop.
2. The Provider agrees to treat "DebitWay.com" at least equal to the other kinds of payment methods in his online range.
That means that "DebitWay.com" must be listed separately in the choice of payment options.
3. The Payment grants the Provider the right for the duration of this agreement to access via a link the DebitWay.com
system software in order to facilitate DebitWay.com as a payment method for his Customers. This right of use is not an
exclusive right of use. It is limited to the duration of this contract and to the extent of the purposes pursued with this
contract. The Provider is not allowed to offer his Customers DebitWay.com via a link that is sent to Customers per e-mail
or any other way. The application must be integrated into the system of the Provider in such a way that the URL
and the SSL-certificate of Payment is visible and verifiable to the Customer of the Provider.
3 Duties of Payment
1. Payment will make available the necessary information for integration into the Provider's system to the Provider, immediately
upon acceptance of this agreement. During installation and/or integration into the Provider's shop system, Payment will
support the Provider and in particular, make a telephone support service available between Mon-Fri 9:00-17:00 Hrs, at: 1-877-332-4802
Eastern Standard Time.
2. Payment agrees to grant the Provider access to DebitWay.com. This requires the provider to register at Payment's customer menu
and entering the required personal information into the system (in particular banking details, incl. BIC and IBAN - Code etc.). Using
the customer number assigned to him/her by Payment and a password, the Provider can also access the customer menu in the future.
The Provider is obligated to enter all of his/her customer data correctly and to personally amend any changed circumstances, in particular
regarding bank details.
3. With DebitWay.com Payment creates for the Provider only the possibility that the Customer can action an online remittance
via the Customer's bank within the Provider's system. Furthermore, the input confirmation from the bank is forwarded to the
Provider, so that the Provider may be certain that a matching entry with successful PIN and TAN acceptance took place. The processing
of the remittance by the bank, as well as the possibility for the Customer to stop or withdraw the transaction, depends solely on the
bank's terms and conditions of trading, on which Payment does not have any influence. The parties agree that the bank's terms and
conditions of trading can change in future. The Provider, however, can bar specific banks in the customer menu of Payment.
4. The Provider is aware that transfer transactions can currently be completed via most established banks listed here. see banks .
Payment reserves the right to offer DebitWay.com in further countries. However, Payment does not guarantee that Customers
can initiate a transfer from every bank account of the aforementioned countries or from another country. In addition, Payment does
not guarantee that individual banks and countries, who currently offer the option of completing a transaction using DebitWay.com,
will continue to offer this option in the future.
4 Duties of the Provider
1. The Provider has to integrate the "DebitWay.com service" into the shop which he has mentioned in the customer menu of
Payment immediately after registration.
2. For the integration the Provider shall use the logos, graphics and banner provided by Payment on the Payment's
website (hereinafter referred to as "Logos"). The link to DebitWay.com must be configured in accordance with the requirements
stipulated by Payment, especially when selecting payment methods. The Logos may not be altered or distorted. After termination
of this contract, the Provider is no longer entitled to use the Logos.
3. The Provider ensures that the new payment method is pointed out adequately on his/her website. References by the Provider
to the new payment method must stand out clearly and conform to legal guidelines.
4. The Provider will inform Payment immediately if he is experiencing difficulties regarding the DebitWay.com system,
especially if he finds out that banks previously supported are no longer supported, or that there has been misuse of the
DebitWay.com system.
5. The Provider ensures the accuracy of all bank data (account number, bank code, BIC/SWIFT, IBAN) necessary to receive
payments. Costs resulting from errors in this data, including towards paying end customers or missed payments, are to be
carried by the Provider.
6. The Provider is responsible for the accuracy of bank data at settlement of accounts. If a direct debit is recalled by the Provider
without authorisation, or the remittance request fails at his credit institute due to reasons that are the Provider's fault,
especially if it is because of insufficient funds or incorrect account data in the customer menu, then the Provider is obliged in the
event of insufficient funds /financial cover to ensure sufficient funds /financial cover so that, apart from the pending amount, the
return debit fee applicable in each case and the resulting other-bank fees by the house bank, as well as a USD $25.00 handling charge,
can be withdrawn at the latest, after seven (7) bank working days. Self payments, such as remittances via the Provider, will only be
accepted after prior written consent.
5 Liability
Payment is liable for damages resulting from an injury to life, body or health, in accordance with legal guidelines. For other
damages, Payment is only liable - subject to the provision in sentence 3 - for intention and gross negligence. For other
damages caused by negligence due to the violation of an essential contractual obligation, Payment is also liable however, limited
to the foreseeable damages. Liability under product liability law is not affected by the aforementioned regulations.
6 Duration of contract
1. The contract is effective for the duration of 12 months as of registration. The contract may be terminated in
writing (letter, email, fax) by the Provider or Payment 3 months before expiration of the current contract period. In
case the contract has not been terminated on this 3 month notice, the contract is automatically extended for another 12 months.
The minimum contract duration is not affected by changes of transaction rates.
2. However, the Provider holds a special termination right, whereby the Provider may terminate the contract within 90 days
after registration in the customer menu of Payment. If the Provider terminates the contract within these 90 days via
e-mail, letter or fax the Setup Fee - 5 section 1 - will be refunded to the Provider. System Maintenance Fees and the Transaction
Fees, however, will not be refunded.
3. The right to cancellation without prior notice remains untouched. The Payment especially has a right to cancellation without
prior notice if there are repeated complaints of Customers regarding the Provider, illegal business practice by the Provider,
extremist content on the Provider's website, a registration that is made only for a market research or in case of a negative
assessment of risks by Payment.
7 Marketing of DebitWay.com and naming partners
The Provider agrees that as of registration Payment is permitted to name the Provider in emails, postal correspondence,
press statements or other announcements with his/her name and logos as a reference and partner. Press statements to
be released by the Provider must be agreed upon with Payment beforehand.
8 Other matters
1. If the Provider declares DebitWay.com in their Terms and Conditions of Business or on specifically created pages,
Payment recommends including the following disclaimer to avoid receiving warnings from consumer protection
authorities:
*Please note:
Until today no PIN/TAN data fraud case has occurred with the DebitWay.com service. Precautionary we inform
our customers that due to the use of PIN and TAN within the software of DebitWay.com there are banks which
claim, that a liability shift may take place in case of fraud by third parties. This may mean that in case of any data fraud
case a bank may refuse to be liable and you may be liable for damages.
2. Changes and/or additions to this contract are to be made in writing, including revocation of this writing clause.
3. Should a regulation in this contract and/or its changes and/or additions be or become ineffective, then the effectiveness
of the remainder of the contract is not diminished. The ineffective regulation is replaced by an effective regulation which
most closely approximates the commercial intent. The same applies in the instance of a gap in this agreement.
4. Jurisdiction of this contract is exclusively Canada. This is not valid if an otherwise legally compelling exclusive
jurisdiction exists.
5. The contract is subject to the laws of Canada.
|
|
