1 Transpayrent service
Transpayrent enables the merchant's online store to accept payments over the Internet (the "Service"). Transpayrent receives approval from the respective acquirers, using certified software, and all transfers between Transpayrent and acquiring banks are encrypted.
Transpayrent may keep a protected copy of the payment card numbers of the merchant's customers. This billing data belongs to the merchant (and the cardholder) and by utilizing the Service, Transpayrent is granted a license to use this data for the purposes of fulfilling the Service obligations to merchants and Transpayrent shall otherwise use commercially reasonable efforts to keep such information confidential and secure in accordance with general industry standards. Transpayrent has and will continue to be PCI compliant and agrees to comply with all applicable state and federal laws and regulations (including those relating to privacy and data security), with regards to its use, access and storage of billing data on behalf of each merchant.
By accepting these Terms and Conditions (GENERAL CONDITIONS) the Merchant and Transpayrent also enters into a “Data Processing Agreement”, which forms part of this Agreement.
Transpayrent may revise its fees upon 30 days prior notice.
2 Operation and uptime
Transpayrent strives to ensure that payment over the Internet can take place 24 hours a day, all year round, and maintains the highest security procedures. Transpayrent is required to be PCI certified at any time.
Transpayrent is not responsible for malfunctions but will try to correct any errors as quickly as possible.
In case of maintenance/technical changes, etc., Transpayrent is entitled to suspend the service for shorter periods of time.
3 The Merchant’s Responsibilities
Individual merchants are responsible for the software in their online stores, ensuring payment transfers can be made through Transpayrent. Transpayrent accepts no responsibility for the SDK, which are made available free of charge.
Each merchant is responsible for ensuring that payment transfers comply with applicable laws including the rules and guidelines laid down in payment card legislation, registration regulations, and consumer protection.
Transpayrent will make agreements with acquirers on the use of payment card systems on behalf of the merchant as stipulated in the Power of Attorney. The acquirer agreements between the merchant and the acquirer are exclusively agreements between these two parties. Transpayrent simply facilitates the agreement but is not a party to acquirer agreements.
The merchant is obligated to comply with the rules and guidelines stipulated by Transpayrent and is obligated to give notification of any irregularities in operation, including any systems suspected to have been compromised by a third party.
Transpayrent will not be held liable for losses suffered by the merchant should other people gain access to the merchant’s password, login information, etc., or if any consumers require refund of payments made over the internet, regardless of objections the merchant might make.
A merchant may not make any claims against Transpayrent due to interruption of service, regardless of the cause.
Transpayrent is entitled, without prior notice, to assign its obligations under these General Conditions to a third party.
Transpayrent owns all rights to the software used by Transpayrent for transfers under these General Conditions, and both parties must maintain absolute confidentiality with regard to information concerning the other and/or third party, which they may be aware of.
The merchant shall only be granted a limited, non-exclusive right to use the service Transpayrent provides.
The merchant’s right to use the code provided and other materials is subject to the timely payment of any amounts due to Transpayrent.
Violation of these terms is considered a material breach of agreement.
Transpayrent has the right, during the contract period, to use the merchant’s trade names for reference, including in marketing material. The merchant may give Transpayrent instructions for such use. If the merchant expressly objects to his details being used for reference, Transpayrent will be obligated to abide by the merchant’s wishes.
5 Commencement and termination of the contract
The contract between Transpayrent and the merchant is effective immediately upon subscribing and will remain active until terminated by either party.
The contract may be terminated by the merchant with 3 months’ notice in writing.
In the event of a material breach either party shall be entitled to terminate the agreement.
In the event of any breach of these General Conditions, particularly involving applicable laws and governmental regulations, Transpayrent is entitled to discontinue the merchant’s connection immediately.
All prices are excluding VAT.
Invoices issued by Transpayrent shall be payable within 10 days of the date of invoice, following which any unpaid amount shall bear interest of the highest rate permissible by the Laws of the Kingdom of Denmark, from the day the payment was due until the day the claim is paid, both days included.
Unless the merchant has terminated the contract with Transpayrent, or the contract is terminated in any other way, a new subscription period will begin upon expiration of the current subscription period.
7 Modifications to Agreement or Service
Transpayrent reserves the right to amend or modify this Agreement at any time if the amendment or modification is a consequence of Transpayrent's obligations to comply with relevant laws or regulations, and with 30 days prior notice if this is not the case.
8 In case of a dispute
In the event of a dispute between Transpayrent and the merchant, it is agreed that Danish law applies, and all matters will be submitted to the Maritime and Commercial Court in Copenhagen.