Terms and Conditions for Mobilepay for Businesses
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TERMS AND CONDITIONS FOR MOBILEPAY FOR BUSINESSES Effective from 12 December 2016 MobilePay by Danske Bank® for Businesses (in These Terms and Conditions for MobilePay for A1. Changes to terms and conditions Businesses are divided into five sections: the following "MobilePay for Businesses") Danske Bank reserves the right to change Section A describes the general conditions consists of various payment solutions which these Terms and Conditions at any time for payment solutions and services can be used by the business for receiving and without notice. We will notify your business of Section B describes MobilePay Business requesting payments from users of MobilePay any changes by letter or electronically (by e- Section C describes MobilePay AppSwitch by Danske Bank® (in the following mail or notification in your eArchive in the Section D describes MobilePay Point of "MobilePay"). The payment solutions are online administration system, for example). Sale referred to as solutions and are described in Section E describes MobilePay Bonus more detail in the individual sections. A2. Commercial purposes etc. Section F describes MobilePay Memberships The business may also get access to services A2.1. Commercial purposes Sectiopn G describes the general which are not payment solutions, but are MobilePay for Businesses may be used for conditions for online administration of associated with MobilePay for Businesses. commercial purposes only. Any information MobilePay payment solutions and services These services are described in more detail in obtained is strictly for your business's own the sections on the individual solutions. use. Information may not be disclosed to any In addition to these Terms and Conditions, the third party. København – following documents apply: In addition to the individual solutions and General conditions services, the business will have access to an MobilePay for Businesses may be used for The charges for the individual solutions online administration system. fundraising purposes only if permitted under associated with MobilePay for Businesses the individual payment solution and subject to In order to obtain access to MobilePay for the conditions stipulated. Businesses, the business must sign an Section A – General conditions for agreement with Danske Bank and have an payment solutions and services The business may not make funds transfers, account with the bank. disburse cash or transfer money from MobilePay to solutions that may function as a Danske Bank A/S CVR 6162 No. 12 28 MobilePay by Danske Bank® is a trademark registered by Danske Bank A/S Page 1 of 26 Danske Bank, Holmens Kanal 2-12, DK-1092 København K Tel. +45 33 44 00 00, fax +45 70 12 10 80 payment instrument or payment surrogate. But Danske Bank is entitled to assess your MobilePay or any related solutions or services a business may make refunds (see sections business's financial position at regular without Danske Bank's consent. B3.8, C3.8 and D3.8). intervals. A3. Charging fees from the business's MobilePay for Businesses may not be used for A2.2. Use of MobilePay trademarks etc. customers etc. illegal activities or purposes. MobilePay for Danske Bank authorises your business to use The business has an obligation to comply with Businesses may not be used for activities or MobilePay, any technology used in MobilePay applicable legal requirements on collecting purposes that Danske Bank deems to be belonging to Danske Bank, any associated fees from its customers for the use of morally or ethically questionable or that may confidential know-how and associated MobilePay. harm the image or brand of Danske Bank or trademarks (in the following collectively MobilePay. "MobilePay") in Denmark and in relation to A daily maximum amount has been fixed for MobilePay solutions and services, subject to MobilePay transfers by the individual Danske Bank reserves the right to block your your business's compliance with agreed-upon MobilePay users. For information about access to MobilePay for Businesses if your terms and conditions and authorisation by current limits, see mobilepay.dk (in Danish business fails to comply with these Danske Bank. only). requirements. MobilePay is the property of Danske Bank and When a MobilePay user makes a payment with København – Before concluding the MobilePay for may only be used by your business subject to MobilePay, the purchase date, the purchase Businesses agreement, Danske Bank will the conditions and guidelines stipulated by amount, and the business's name and address, evaluate your business's intended use of Danske Bank. You may not assign your right to among other things, may appear on the MobilePay for Businesses and may decide not use MobilePay to any third party. MobilePay user's account statement. to enter into the agreement on the basis of such evaluation. Any matter relating to the marketing, A4. Employees' use of MobilePay etc. advertising and promotion of MobilePay is Your business must ensure that your subject to Danske Bank's prior written employees who use MobilePay for Businesses consent, and you may not publish any launch of are familiar with these Terms and Conditions. Danske Bank A/S CVR 6162 No. 12 28 MobilePay by Danske Bank® is a trademark registered by Danske Bank A/S Page 2 of 26 Danske Bank, Holmens Kanal 2-12, DK-1092 København K Tel. +45 33 44 00 00, fax +45 70 12 10 80 You are responsible for your employees' use of Danske Bank is entitled to charge a fee for MobilePay for Businesses. providing additional details or information at A6. Responsibility and liability more frequent intervals than agreed when the Your business must comply with the legal A5. Charges MobilePay for Businesses agreement was requirements governing trade in your goods The current charges for the solutions and concluded. Danske Bank may charge a fee for and services applicable at any time, including services appear on the list of charges applying transfers that your business makes from an requirements governing the treatment of to the individual solutions and services offered account and for providing you with details information about MobilePay users that the under MobilePay for Businesses. about payments made. business obtains. This applies to rules governing disclosure of information, marketing Danske Bank reserves the right to change the The charges and fees for MobilePay for and processing of personal data. If your charges at any time at 30 days' notice. We will Businesses, including the individual solutions, business fails to comply, we will deem it a notify your business of any changes by letter or are stated exclusive of VAT. If MobilePay for breach of your MobilePay for Businesses electronically (by e-mail or notification in your Businesses, including the individual solutions, agreement with Danske Bank. Please note that eArchive in the online administration system, is subject to VAT at the time when your Danske Bank does not provide information on for example). business enters into a MobilePay for the applicable rules of law in this area. Businesses agreement with Danske Bank, or if Danske Bank debits charges and fees to the the solution becomes subject to VAT at a later Danske Bank is not liable for København – account designated as fee account by you. The time, Danske Bank is entitled to add VAT to the any loss incurred by your business as a rules for changing charges are described in MobilePay for Businesses charges. result of your customers' or any third Danske Bank's General Conditions. party's unauthorised use of customer Danske Bank is entitled charge you any VAT access to MobilePay Danske Bank is entitled to bundle and debit paid by Danske Bank for services already any loss incurred by your business as a fees more than one month after the provided to or paid by your business. The result of any third party's unauthorised use transaction to which they relate has been applicable VAT amount or rate appears on the of your access to MobilePay for processed. current list of charges for MobilePay for Businesses Businesses at mobilepay.dk (in Danish only). Danske Bank A/S CVR 6162 No. 12 28 MobilePay by Danske Bank® is a trademark registered by Danske Bank A/S Page 3 of 26 Danske Bank, Holmens Kanal 2-12, DK-1092 København K Tel. +45 33 44 00 00, fax +45 70 12 10 80 any indirect losses, operating losses, loss your business fails to comply with the legal contract, we are, however, entitled to of business or loss of interest requirements governing the sale of its terminate the agreement without notice. any other losses resulting from goods and services circumstances beyond Danske Bank's your business does not immediately A9. Change of address and assignment of control, including technical breakdown and comply with requirements resulting from rights data transmission or network problems objections raised by its customers You must notify us in writing if your business regarding its goods or services changes its postal or e-mail address. Note that additional provisions on Danske Bank receives numerous responsibility and liability may apply to the objections from your customers Your business may not assign its rights or individual solutions and services. your business fails to comply with the obligations in the MobilePay for Businesses Terms and Conditions for MobilePay for solution to a third party without the prior A7. Breach of contract Businesses written consent of Danske Bank. Your business Breach of contract includes, but is not limited may not assign the agreement to a third party. to, the following events: A8. Termination your business fails to meet its payment A10. Contact and assistance obligations under the agreement, such as A8.1. Termination by your business Support Direct at Danske Bank can assist you payment refunds Your business may terminate the agreement in with technical questions about MobilePay for København – your business suspends its payments writing without notice.