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Terms and Conditions Terms and Conditions April 3 2018 _EN 3 0 - 4 0 - 8 GMBH_TER_0008_201 EVO Terms and Conditions I. General Terms and Conditions Table of Contents I. General Terms and Conditions ........................................................................................................................................................................................................ 3 II. Definitions ......................................................................................................................................................................................................................................... 9 III. Service-Related Terms and Conditions ...................................................................................................................................................................................... 13 i. Card Acceptance ...................................................................................................................................................................................................................................................... 13 a. General ...................................................................................................................................................................................................................................................................... 13 b. Remote Business, Card-not-present (CNP) ...................................................................................................................................................................................................... 18 c. Stationary Business, Card-present (CP) ............................................................................................................................................................................................................. 22 d. Hotels ........................................................................................................................................................................................................................................................................ 25 ii. POS-Terminals and Routing (CP) ......................................................................................................................................................................................................................... 27 a. General ...................................................................................................................................................................................................................................................................... 27 b. POS Terminals ......................................................................................................................................................................................................................................................... 27 c. Routing (CP) .............................................................................................................................................................................................................................................................. 29 d. Merchant Terms and Conditions ........................................................................................................................................................................................................................ 30 iii. giropay+eps Acceptance ...................................................................................................................................................................................................................................... 33 a. Preamble ................................................................................................................................................................................................................................................................... 33 b. Service-related conditions for giropay+eps Acceptance ............................................................................................................................................................................... 34 c. Brand Book giropay ................................................................................................................................................................................................................................................ 37 d. CD guidelines ........................................................................................................................................................................................................................................................... 38 Page 2 of 38 EVO Payments International GmbH | EVOGMBH_TER_0008_2018-04-03_EN Terms and Conditions I. General Terms and Conditions I. General Terms and Conditions 1 Charges and Reimbursement cannot be recovered from the Customer without initiating legal proceedings. This right to a credit shall not apply in the event (1) The charges to be paid by the Merchant for making use of the that, despite knowing that not all of the payment conditions services of EVO Payments International GmbH (hereinafter have been fully satisfied, reimbursement to EVO of the “EVO”) for the fulfilment of main and ancillary obligations (in amounts paid has been made by the Customer’s bank provid- particular disagio, transaction and chargeback fees) are set out ed that the Customer does not object. in the List of Prices and Services, unless deviating charges were stipulated with the Merchant in the Agreement. In devia- (2) The Annexes may include additional provisions regarding tion from Section 675f (5) sentence 2 German Civil Code (BGB) payments to the Merchant, credits and the chargeback rights charging for the fulfilment of ancillary obligations under Sec- of EVO as well as reporting by EVO to the Card Organizations in tions 675c to 676c BGB shall be permissible even if this is not relation to the individual Payment Instruments. explicitly permitted by law. All prices are net of VAT. EVO may opt for VAT regardless of whether the Merchant can deduct 3 Securities the amount of paid VAT as input VAT. The amount of VAT will (1) EVO may demand that the Merchant provide the usual forms be charged to the Merchant by EVO in addition to any agreed of security (in particular the types of securities detailed in the prices. Annexes) for any existing or future claims that may arise from (2) The Merchant shall reimburse against invoice all expenses the relationship, even if such claims are conditional or tempo- directly or indirectly incurred by EVO in connection with the rary. implementation of this Agreement which EVO reasonably re- (2) If EVO, upon the creation of claims against the Merchant, has garded as necessary in the respective circumstances (Sec- initially refrained wholly or partly from demanding that security tions 675(1), 670 or Sections 675c, 670 BGB). Instead of reim- be provided or increased, it may nonetheless make such a bursement EVO may request discharge of an obligation en- demand at a later time, provided, however, that circumstances tered into in this connection pursuant to Section 257 BGB. Ex- occur or become known which justify a higher risk assessment penses in the sense of Sentences 1 and 2 shall particularly in- of the claims against the Merchant. This may, in particular, be clude all Fines and Penalties, registration and certification the case if charges or other charges as set out in the Annexes of this (a) the economic status of the Merchant has changed or Agreement. threatens to change in a negative manner; or (3) The Merchant shall immediately review any and all statements (b) the value of the existing security has deteriorated or rendered by EVO and notify EVO of any possible objections threatens to deteriorate. without undue delay, however not later than within six (6) (3) Unless otherwise provided for in this Agreement, EVO will allow weeks upon issuing of the respective statement. Timely dis- adequate time to provide or increase security. If EVO intends patch of the objections is sufficient to comply with this time to make use of its right of termination without notice according limit. Upon expiration of the time limit the statement shall be to Section 14(6)(d) in case the Merchant fails to comply with deemed approved. EVO shall expressly indicate this conse- the obligation to provide or increase security within such time quence in the statement. The Merchant may request a correc- period, it will draw the Merchant's attention to this conse- tion even after expiration of the time limit. In this event, how- quence before doing so. ever, it must provide evidence that the statement was inaccu- (4) EVO reserves the right to re-asses the risk, and increase securi- rate or incomplete. ties, especially if and to the extent (4) Any amounts set out in a statement will become immediately (a) in a given two (2) calendar month period, the average due and payable upon receipt of an invoice by the Merchant. monthly transaction volume exceeds the respective fore- Invoices will be provided to the Merchant in electronic form cast as specified in the Agreement or its Annexes or as through the Business Information System (BIS). The Merchant adjusted in the context of an increase of securities under shall be responsible to regularly check for new invoices and to this Section 3(4)(a) by more than twenty percent (20
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