|
1.Definitions
1.1 Merchant: the party who accepts payments on behalf of MultiSafepay, to satisfy a debt, according to the conditions of an agreement between MultiSafepay and the Merchant. 1.2 Consumer: the party who makes a payment to the Merchant in response to a MultiSafepay payment instruction, to satisfy a debt. 1.3 Security code: a code, including a user name and password, provided by MultiSafepay via the Merchant, or provided by the Merchant via MultiSafepay, which is necessary, for example for the satisfaction of MultiSafepay payment instructions and the for the provision of user settings. 1.4 User settings: Settings provided by MultiSafepay for the use of MultiSafepay, including settings related to the provision of MultiSafepay payment instructions, with a security code provided by MultiSafepay 1.5 MultiSafepay: Teletik Services B.V. trading as MultiSafepay, established in Amsterdam. 1.6 MultiSafepay payment instruction: Payment instruction provided by MultiSafepay charged to a MultiSafepay account. 1.7 MultiSafepay account: an electronic account from which the Consumer can pay MultiSafepay payments instructions, to the Merchant's MultiSafepay account. 1.8 MultiSafepay site: the website http://www.multisafepay.com 1.9 Agreement: The executed agreement between MultiSafepay and the Merchant relating to the MultiSafepay account, to which these MultiSafepay General Terms and Conditions apply. 2.Agreement 2.1 The terms of the contract take effect on the date that the Merchant, after having provided the details requested by MultiSafepay on the MultiSafepay website in the requested manner, agrees with the terms of the contract using electronic means.
2.2 The contract is for an indefinite period and is terminated automatically if for any reason the Merchant does not use his/her MultiSafepay account and has not been logged in with his security code for any consecutive period of six months. In addition, the Merchant can terminate the contract at any moment in time using the email address provided after agreeing to this contract, in accordance with the terms provided by MultiSafepay. 2.3 MultiSafepay is authorised to end the contract: • with immediate effect if the Merchant fails to comply the terms laid out in this agreement; • with immediate effect in case of bankruptcy, judicial administration, appointment of a receiver, death of the Merchant, the assets of the Merchant are in receivership or the entering into a court appointed debt repayment plan. • subject to a written notice of at least 30 days in all other cases. 2.4 MultiSafepay will repay any balance on the Merchants MultiSafepay account, less the registration fees payable by the Merchant (see article 10) plus any other outstanding debts owed to MultiSafepay on the date the contract is terminated. 2.5 To cover possible reverse payments (charge back) from consumer's financial institutions (for example a credit card charge back) to the Merchant, including the liability of refunding the purchase price as stated in article 11 of the General Terms and Conditions, MultiSafepay is entitled to freeze the Merchants MultiSafepay account as a security deposit. In instances where the MultiSafepay account has a zero or negative balance, MultiSafepay is entitled to demand payment of a security deposit. This security deposit will be made up of any credit balances on the Merchant's MultiSafepay account and any future payments received on the aforementioned account. After deduction of any outstanding payments owed by the Merchant to financial institutions, the Consumer and MultiSafepay, MultiSafepay will, no later than 12 months after termination of the contract, pay the remaining balance to the Merchant. MultiSafepay will not be obliged to pay interest on any balance held as a security deposit. 3.Features and use of a MultiSafepay account 3.1The MultiSafepay account is intended for private and business use. The MultiSafepay account may be used for the sole purpose of carrying out MultiSafepay transactions for the benefit of the Merchant or other users.
3.2 MultiSafepay will take all commercially reasonable steps to ensure that the customer is able to use his/her MultiSafepay account 24 hours per day, seven days per week. In instances of malfunction, maintenance, or issues relating to security, MultiSafepay is authorised to partially or fully suspend the account. Wherever possible, MultiSafepay will notify the Merchant in advance of the suspension of a MultiSafepay account, via the MultiSafepay site or by other alternative means. 3.3 MultiSafepay retains the right to limit the use of a MultiSafepay account, including the enforcement of minimum and maximum balances on the MultiSafepay account, minimum and maximum values on transactions which can be charged to or from the MultiSafepay account, and minimum and maximum values for the issue of MultiSafepay payments. MultiSafepay retains the right to change the aforementioned limits at any time and will inform the Merchant of such changes via the MultiSafepay site. 3.4 The features and uses of the MultiSafepay account are described on the MultiSafepay site. MultiSafepay retains the right to amend these features and uses, and will inform the Merchant of these amendments via the MultiSafepay site. 3.5 The merchant is unconditionally bound to the user settings. 3.6 The MultiSafepay account and the balance on the MultiSafepay account are not transferable. 3.7 MultiSafepay will not pay interest on any balance on the Merchant's MultiSafepay account. 4.MultiSafepay payments 4.1 When fulfilling MultiSafepay payments the Merchant is bound to comply with MultiSafepay's requirements.
4.2 The Merchant is unconditionally bound to honour MultiSafepay payment instructions made by MultiSafepay to his/her MultiSafepay account, within the limits of the user settings, and where the security code has been used. 4.3 A MultiSafepay payment instruction cannot be rescinded by the Merchant. 4.4 When processing a MultiSafepay payment instruction, the balance of the MultiSafepay account will be reduced by the value of MultiSafepay payment instruction. MultiSafepay is not legally bound to honour a MultiSafepay payment instruction if the balance of the MultiSafepay account is insufficient, the MultiSafepay account has been frozen or due to other exceptional circumstances, including security related incidents. For the purposes of this article a MultiSafepay payment instruction is deemed to have been honoured as soon as MultiSafepay has sent the message to the consumer confirming the receipt of the MultiSafepay payment instruction. 5.Security code and password 5.1 MultiSafepay will provide and/or enter the security code and associated password provided by the the Merchant. The security code is required, for example, to carry out MultiSafepay payment instructions and for entering or amending user settings of a MultiSafepay account.
Every security code is strictly confidential. The Merchant agrees to treat the security code and the associated password provided by the Merchant with due care and to keep it strictly confidential, including for example relatives, friends, house guests and agents. The merchant agrees to take the necessary measures to prevent unauthorised access and/or unauthorised use of the security code and password. The Merchant may under no circumstances record the password. 5.2 The Merchant is not permitted to use a security code for purposes other than those related to the MultiSafepay account. The Merchant is legally bound to comply with the rules and regulations issued by MultiSafepay, concerning security codes and passwords. MultiSafepay can, among other things, oblige the Merchant to periodically change the password. 5.3 The Merchant is, with the exception of MultiSafepay, exclusively responsible for and bound by the use of the security code. 5.4 Under strict conditions, MultiSafepay can provide information about the security code and password used by the Merchant. 6.Information, control and the reporting of unauthorised use 6.1 MultiSafepay provides the Merchant with information about the use of the MultiSafepay account subject to the terms provided on the MultiSafepay site. The Merchant confirms that he/she has checked, without delay, the terms referred to in the previous sentence, and according to the terms, has immediately informed MultiSafepay of any inaccuracies or omissions.
6.2 If the information regarding the use of the MultiSafepay account, provided by MultiSafepay is not disputed within 14 days following a point in time where it could be deemed reasonable that the information has been received by the Merchant, the Merchant will be deemed to be in agreement. 6.3 The merchant will, in accordance with the agreement with MultiSafepay, make regular checks to see whether there has been any unauthorised use of the MultiSafepay account, including unauthorised MultiSafepay payments instructions and unauthorised modification of user settings. 6.4 If the Merchant knows of or suspects that the security code and password has been used by an unauthorised person or that the security code and password are known by an unauthorised person, the Merchant is obliged to notify MultiSafepay of this immediately. 6.5 The Merchant will be liable for any damages resulting from unauthorised use of the security code and password up to the moment in time that, according to the provision of article 6.4, this has been reported to MultiSafepay. 7.Merchant's details 7.1The Merchant is responsible for the accuracy and completeness of the details provided to MultiSafepay. According to the provisions of this agreement, the Merchant will inform MultiSafepay of any changes to the details provided, as soon as they occur.
7.2 At the initial request of MultiSafepay, the Merchant will provide MultiSafepay with copy of a form of identification (for example passport or driving license) which matches the details provided to MultiSafepay on entering this agreement. 8.Communication 8.1 Communication between the Merchant and MultiSafepay with regard to the MultiSafepay account and this agreement, will be carried out in accordance with MultiSafepay's terms.
8.2 MultiSafepay will communicate via email using only the email address provided by the Merchant on entering this agreement. Emails will be deemed to have been received by the Merchant two days after they have been sent by MultiSafepay. 8.3 For communication via the MultiSafepay site, information will be deemed to be available to the Merchant within a maximum of two days after publication of the information on the MultiSafepay site. 9.Terms and instructions 9.1 Terms and instructions provided by MultiSafepay apply to, among other things, the opening, payments to the MultiSafepay account for verification of the bank account number of the Merchant, use and termination of the MultiSafepay account, use of the security codes and user setting, and any other area relating to the MultiSafepay account. These terms and instructions are recorded on the MultiSafepay site.
9.2 The Merchant agrees to abide by the terms and instructions provided by MultiSafepay and referred to in article 9.1. 9.3 MultiSafepay retains the right to change the terms and instructions referred to in article 9.1 and will inform the Merchant of any changes via the MultiSafepay site. 10.Costs, registration fees and interest 10.1 The Merchant is liable for the registration fees and cost(s) related to the MultiSafepay account, as noted in the agreement or which were made known by MultiSafepay on entering the agreement.
10.2 MultiSafepay is authorised to change the costs and registration fees payable by the Merchant, and will inform the Merchants a minimum of 30 days before such changes take place. It is the Merchant's responsibility to note these changes which are posted on the MultiSafepay site. If within three months of this agreement, MultiSafepay increases the costs and registration fees payable by the Merchant, the Merchant retains the right to terminate the agreement on the date that the increases come into force, in accordance with MultiSafepay's terms. 10.3 Payment of the costs (including the registration fees for the use of the MultiSafepay account) can be carried out by topping up the negative opening balance (€ - 74.95). The Merchant agrees to pay these costs within 30 days after opening the MultiSafepay account. After this deadline MultiSafepay is authorised to collect the costs through an automated direct debit from the registered bank account. 10.4 Payment of the monthly fixed costs (where applicable) are done by topping up the MultiSafepay balance. Payments must be made within 30 days of the invoice date of the monthly charges. After this deadline MultiSafepay is authorised to collect these monthly fixed costs by other means. 10.5 If, at the moment this agreement is entered, MultiSafepay does not charge any (reoccurring) costs for the use of the MultiSafepay account, MultiSafepay is authorised to introduce new (reoccurring) cost(s). MultiSafepay will notify the Merchant of the introduction of a (regular) cost no later than 30 days before the introduction of such costs. The Merchant will be informed of the aforementioned change via the MultiSafepay site. The Merchant retains the right to terminate the agreement on the date that the new costs come into force, in accordance with MultiSafepay's provisions. 10.6 Payment of the costs and registration fees must be carried out according to MultiSafepay’s instructions and timings. MultiSafepay is among others, authorised to request payment of costs in advance or request that the Merchant authorises an automated Direct Debit instruction. MultiSafepay is authorised to deduct payment of the costs and registration fees from the MultiSafepay account with no prior notice. 10.7 If the Merchant fails to pay the costs and registration fees for which he/she is liable, within the agreed payment terms, MultiSafepay retains the right to charge the Merchant, without any further notice, in addition to the agreed interest, debt collection charges to the equivalent of 15% of the outstanding balance. In such instances, MultiSafepay retains the right to terminate the agreement without further notice, according to the provisions in article 2.3. 10.8 MultiSafepay will not pay interest on positive balances on the Merchant's MultiSafepay account. 11.Dispute procedure 11.1 Disputes by the consumer will only be accepted in writing. This can be by email or standard post.
11.2 MultiSafepay will contact the Merchant involved to determine if the dispute is justified. 11.3 The Merchant agrees to contact the consumer to resolve the dispute within two working days of contact being made. 11.4 When contact with the Merchant by telephone is not possible, contact to communicate the dispute to the Merchant will be made via email, stating that the Merchant should contact the consumer within two working days. During this period the MultiSafepay account will be temporarily blocked. 11.5 After two working days, the Consumer will be contacted to check if the dispute between the Merchant and the Consumer has been resolved to the mutual satisfaction of both parties. 11.6 If the complaint has been satisfactorily resolved by the Merchant the case will be closed. 11.7 In instances where the Merchant indicates that a delivery was carried out, proof of postage must be supplied. If this is not possible, the Consumer will be deemed to be in the right. 11.8 If a dispute is not resolved, the Merchant will be contacted directly and given 14 days to resolve the dispute. 11.9 If the Merchant fails to contact the Consumer in question within two work days, he/she will be contacted with the option of returning the purchase price to the Consumer or delivering the product, within 14 days. 11.10 After the fourteenth day, the Consumer will be contacted to find out if the product has been delivered satisfactorily or if the purchase price has been refunded. In instances where the Consumer has received the product or the purchase price from the Merchant the case will be closed. Where no satisfactory resolution to the dispute has taken place, further steps will be taken against the Merchant. 11.11 In instances where the Merchant has not satisfactorily resolved the dispute and the Consumer has not received the product, the MultiSafepay account will be closed without further notice. The amount owed to the Consumer by the Merchant will, where sufficient balance on the account allows, be transferred to the Consumers e-wallet via the MultiSafepay environment. Via his/her e-wallet the Consumer can transfer this balance to his/her bank account for a payment of € 0.5. If the Merchant's balance is insufficient, MultiSafepay is authorised to submit a payment request for the amount outstanding to the Consumer from the Merchant via an automated direct debit to the Merchant's registered bank account. In instances where this is not possible, and the Merchant has not transferred the outstanding amount to his/her MultiSafepay account within 14 days, MultiSafepay is authorised to collect the total costs (including agreed interest charges and extra judicial collection costs) using a debt collection agency. Should MultiSafepay be unsuccessful in reclaiming the outstanding amount using these non-mandatory collection efforts, the Consumer retains the right to take their own independent steps to collect the outstanding costs. MultiSafepay can never be held liable for reimbursing amounts owed by the Merchant. 11.12 In instances where the Consumer purchased the product from the Merchant and paid using fast checkout, the Consumer may be entitled to a reimbursement via the MultiSafepay guaranteed ruling. 11.13 The Consumer is only entitled to make a claim via the MultiSafepay ruling if the payment was carried out using the MultiSafepay fast checkout account. In addition, the complaints procedure described in articles 11.1 up to and including 11.11 has been followed and the Consumer has reached the point where he/she must independently seek repayment of the costs from the Merchant. 11.14 MultiSafepay guaranteed only applies to fast checkout payments for products that can be sent via the post. Payments for services, access to digital content and travel tickets (including flight tickets) are excluded from reimbursement under the MultiSafepay guaranteed ruling. 11.15 When the Consumer makes a claim against the MultiSafepay guaranteed ruling, according to the article above, MultiSafepay retains the right to make the final judgement for a decision in favour of the Consumer or the Merchant. Both the Consumer and the Merchant may receive a request from MultiSafepay, to provide within reason, a process-verbal, evaluation by a third party or a request for additional documentation (proof of delivery or receipt) to investigate the complaint (further). MultiSafepay reserves the right, on evaluation of the information available, to make its own judgement in favour of the Consumer or the Merchant. Both parties agree to abide by the final judgement of MultiSafepay. 11.16 If MultiSafepay judges in favour of the Consumer, the MultiSafepay guaranteed foundation will only reimburse the Consumer the total purchase price of the product or products (up to a maximum of €200 per order). The MultiSafepay guaranteed foundation can seek compensation from the Merchant, via a judicial debt collection agency, for the total costs (including the costs incurred in carrying out the complaint procedure, interest charges, and extra judicial debt collection costs). 12.Merchant's own goods and services 12.1 The Merchant shall, at his/her own expense and risk, take the necessary steps to ensure the uninterrupted availability and proper functioning of the MultiSafepay account as well as prescribed MultiSafepay goods and (telecommunication) services. The Merchant agrees to honour the rules and instructions of MultiSafepay with respect to the aforementioned goods and services. MultiSafepay is authorised to change the aforementioned goods and services for the use of the MultiSafepay account, and such changes will be communicated to the Merchant via the MultiSafepay site.
13.System failure 13.1 In instances of maintenance, MultiSafepay retains the right to temporarily shut down (parts of) its platform or the website. MultiSafepay will keep such instances to a minimum and where unavoidable, provide – taking into account the circumstances – as much notice as possible.
13.2 The technical features of MultiSafepay may be changed. Whenever possible MultiSafepay will endeavour to carry these out in a manner which has as little impact as possible on the Merchant's user functionality 13.3 In cases where a system failure occurs with the MultiSafepay services, this will be registered with the Merchant as soon as possible. System failures will be investigated as soon as possible, in any event within two workdays from MultiSafepay has been made aware of the failure, unless, within this period this is not reasonably possible. 13.4 MultiSafepay cannot be held responsible for technical failures by third parties, which result in the (partial) inability to carry out of transactions. Third parties include, but are not limited to, Curence (iDeal) and PaySquare (Credit card). 13.5 In cases where it is necessary for a satisfactory investigation of a system failure, The Merchant agrees to assist with the investigation. A system failure will be resolved by MultiSafepay as quickly as possible and to the best of its abilities. 14.Intellectual property 14.1 The name MultiSafepay, brands and logos of MultiSafepay and the technology and methods for carrying out the terms of the Multisite pay agreement (including computer equipment and programmes) are protected by intellectual property rights (including trademarks, copyrights and patents) of MultiSafepay and its suppliers. Except in instances where it is necessary in connection with the use of the MultiSafepay account, or where specified in these General Terms and Conditions, the Merchant may not use, change, duplicate, publicise or provide to third parties, the name MultiSafepay, its brands, logos, and MultiSafepay technology (including computer equipment and programmes) and methods used to carry out the agreement.
15.Evidence 15.1 MultiSafepay records or those of third parties instructed by MultiSafepay, relating to the use of the MultiSafepay account, including the provision of MultiSafepay payment instructions, the use of security codes and the specification of user settings, extended to the Merchant are accepted as correct until proven otherwise by evidence provided by the Merchant. 16.Third parties 16.1 MultiSafepay is authorised to employ third parties in order to fulfil the requirements of the agreement.
16.2 MultiSafepay is authorised to transfer all rights, provided by this agreement with the Merchant, to a third party. By signing this agreement the Merchant provides his unconditional and irrevocable consent to the transfer of rights and obligations under the agreement with MultiSafepay to a third party. 17.Liability 17.1 Not withstanding the provisions relating to liability specified elsewhere in these General Terms and Conditions, unless as a direct result of intentional or gross negligence, MultiSafepay cannot be held liable for damages resulting directly or indirectly from the following:
• the inability to the use the MultiSafepay account resulting from the circumstances specified in articles 3.2 and 5.4; • unauthorised use of the MultiSafepay account or a security code before the point in time that the Merchant reports this to MultiSafepay as specified in article 6.4; • failure by the Merchant to adhere to the provision of the agreement, in these General Terms and Conditions or in the regulations and instructions provided by MultiSafepay; • international conflicts; • measures implemented by any domestic, foreign or international authorities; • measures implemented by any supervisory authority; • boycotts; • labour disputes by third parties or own employees; • failure or suspension of electricity supply, telecommunication services or connections, MultiSafepay equipment or programmes, or third parties instructed by MultiSafepay; • third parties instructed by MultiSafepay for the execution of the agreement. 17.2 Under no circumstances can MultiSafepay be held liable for indirect damage, including, without limitation, lost profits, damages resulting from business interruption and associated losses. 17.3 MultiSafepay's liability is limited to the balance on the MultiSafepay account at the moment in time when the damage occurs. 18.Changes to MultiSafepay's General Terms and Conditions MultiSafepay is authorised to change its General Terms and Conditions. MultiSafepay will inform the Merchant of any changes via the MultiSafepay site, at least 30 days in advance of the effective date of any change.
19.Applicable law/Jurisdiction This agreement is subject only to Dutch law. Disputes between the parties which relate to this agreement can only be heard in a Dutch court of law.
General Terms and Conditions Consumer
1.Definitions |


