General Terms and Conditions MultiSafepay

Article 1: Definitions

Connection Number: The identification of Merchant at the Financial Institution that supports the Payment Method used by Merchant through the MultiSafepay Services. A Connection Number can be based on an Agreement that Merchant has directly entered into with the Financial Institution or on an Agreement that MultiSafepay has entered into with the Financial Institution.

Payment Method: A method of Payment selected by the User on the MultiSafepay payment page or the payment page of Merchant.

Payment(s): The process whereby funds are transferred to Merchant in the context of the services provided and/or products delivered by Merchant. These funds are collected by Merchant through the MultiSafepay Services provided by MultiSafepay or the process whereby funds are refunded to the User by and/or on behalf of Merchant.

CVV Code: Card Verification Value is a number printed on the back of a credit card or debit card.

Chargeback: The possibility for the User to dispute the transaction, causing the Financial Institution to reclaim the funds from MultiSafepay or Merchant.

Third-Party Funds Account: The account managed by the Foundation, on which the book balance is held.

Fastcheckout: Checkout module where Users can quickly pay with email address and password. Shipping and payment methods are securely stored for future purchases.

Financial Institution: A bank, credit card company, or a related company or institution that offers Payment Methods and has entered into an Agreement with MultiSafepay, Merchant, or User.

User: The party that can make payments to Merchant through MultiSafepay payment orders to satisfy a monetary debt.

Login Details: Codes or data provided by MultiSafepay to Merchant or created by Merchant for the use of the MultiSafepay account and MultiSafepay Services.

Merchant: The party that can accept payments through MultiSafepay payment orders based on an Agreement between MultiSafepay and Merchant.

MultiSafepay Payment Order: A payment order provided to MultiSafepay.

MultiSafepay Account: An electronic account from which the User can provide MultiSafepay payment orders to the benefit of the MultiSafepay account of a Merchant.

MultiSafepay Services: The services provided by MultiSafepay under the Agreement, whose functionality is described in the Agreement or other agreements between MultiSafepay and Merchant, the General Terms and Conditions, and in the technical documentation provided by MultiSafepay to Merchant. This explicitly includes the services provided by MultiSafepay in connection with a POS system.

MultiSafepay Website: The website http://www.multisafepay.com and any website that replaces or supplements the website published by MultiSafepay.

MultiSafepay: MultiSafepay B.V., established and headquartered in Amsterdam (Netherlands) at Vijzelstraat 20 (1017 HK), registered with the Chamber of Commerce under number 34156361 and the legal successors of MultiSafepay.

Agreement: The agreement between MultiSafepay and Merchant, as amended from time to time, and any attachments, including those regarding the MultiSafepay account, to which these General Terms and Conditions and any other general terms and conditions of MultiSafepay apply. The General Terms and Conditions form an integral part of the Agreement.

Force Majeure: Circumstances/events beyond the control and will of MultiSafepay. Regardless of whether these circumstances or events were (un)foreseeable during the Agreement. MultiSafepay cannot reasonably be held to fulfill the obligations under the Agreement in such situations. Force majeure includes, but is not limited to, the following circumstances or events: war, fire, labor disputes, strikes, government regulations and/or similar rules, non-compliance by suppliers, financial institutions, subcontractors, third parties, the non-functioning of (systems) of financial institutions and/or telecommunications services, and (attempts to) unauthorized access and/or unauthorized use of systems/networks and databases of MultiSafepay/Merchant/intermediaries and/or financial institutions on which MultiSafepay or other parties depend. This also includes poorly performed work by others than MultiSafepay or by engaged third parties.

Parties: MultiSafepay and the Merchant.

POS System: The point of sale system used by Merchant and provided by MultiSafepay, regardless of how the point of sale system is provided (purchase or rental or otherwise).

Balance: The available part of the book balance for Merchant.

Written: Written messages or email conversations.

Foundation: Foundation regarding MultiSafepay Internet payments, legally established in Amsterdam and registered with the Chamber of Commerce under number 34245794.

Transaction(s): An order for Payment by a User to Merchant registered by MultiSafepay.

Transaction Data: The data of the transaction.

Security Deposit: Amount withheld by MultiSafepay from the payment to Merchant to cover the financial risk of MultiSafepay.

Article 2: General

Art. 2.1 The General Terms and Conditions apply to all Agreements and legal acts between Parties and remain applicable to the relationship between Merchant and MultiSafepay even after the termination of the Agreement.

Art. 2.2 The applicability of purchase or other General Terms and Conditions of Merchant is expressly excluded.

Art. 2.3 Deviations from and exceptions to the General Terms and Conditions are only valid if expressly accepted in writing by MultiSafepay.

Art. 2.4 If one or more provisions are wholly or partially null and void or annulled, the remaining provisions of these General Terms and Conditions remain fully in force. Regarding the provisions that are null and void or annulled, Parties will consult each other to make a replacement arrangement. The aim is that the Agreement (or part provision) remains in force.

Art. 2.5 MultiSafepay strives to keep the MultiSafepay Services available but does not guarantee full and permanent availability of these services.

Art. 2.6 In case of conflict between one or more provisions of the General Terms and Conditions and the provisions in the Agreement, the provisions of the Agreement prevail.

Art. 2.7 Entering into the Cooperation Agreement with MultiSafepay does not release Merchant from its own responsibility for PCI DSS compliance. Merchant is responsible and obliged to ensure that cardholder data (CHD) and card data environment (CDE) are secure.

Art. 2.8 Mentioned prices are exclusive of VAT.

Article 3: Agreement

Art. 3.1 Before Merchant can be accepted, MultiSafepay conducts a screening of Merchant, representatives, and ultimate beneficiaries. MultiSafepay will investigate the data of the Merchant, representatives, ultimate beneficiaries, and websites of the Merchant.

Art. 3.2 To enter into the Agreement, Merchant provides the requested data and signs the Agreement. The Agreement is concluded when MultiSafepay electronically confirms that the Agreement has been concluded.

Art. 3.3 The Agreement is entered into for an indefinite period unless otherwise agreed in writing.

Art. 3.4 If there is a contract for a definite period, MultiSafepay may apply modified conditions for the new agreement after the end of this contract period.

Art. 3.5 To cover the risks that MultiSafepay and its partners face (for example, but not limited to; received or expected fines, an incurred or expected negative balance, and reversed payments), MultiSafepay has the right to establish a security deposit at any time. A security deposit can be established by, for example, but not limited to, freezing part of the amount of the payment account, holding a fixed amount, establishing a security deposit, or any other option approved by MultiSafepay. The amount and duration of the security deposit are determined by MultiSafepay.

The funds held in this way are expressly not intended to facilitate the regular business activities of Merchant. MultiSafepay will return the security deposit to Merchant, after deducting amounts owed by Merchant to Financial Institutions, Users, and MultiSafepay and the owed costs, no later than 12 months after the termination date of the Agreement. MultiSafepay is not liable to pay interest to Merchant regarding the holding of the security deposit.

Art. 3.6 MultiSafepay has the right to suspend work, services, and other obligations if and to the extent that Merchant owes an amount to MultiSafepay and this amount has not been paid by Merchant on time. Suspension can take place until the full amount owed is paid. The suspension on the part of MultiSafepay does not affect the ongoing payment obligations of Merchant.

Art. 3.7 As part of the contracted payment services between Merchant and MultiSafepay, MultiSafepay has the authority at its discretion to select and/or change (other) processing or acquiring providers to optimize payment services, improve services, or for any other reason.

Article 4: Termination of Agreement

Art. 4.1 MultiSafepay can terminate the Agreement in writing at any time with a notice period of two months.

Art. 4.2 Merchant can terminate the Agreement at any time using the email address provided when entering into the Agreement, following the instructions of MultiSafepay, unless otherwise specified in these General Terms and Conditions or elsewhere in the Agreement. Receipt of this termination must be confirmed in writing by MultiSafepay.

Art. 4.3 Each of the Parties is entitled to terminate the Agreement in whole or in part with immediate effect after prior written notice of default, whereby the other Party is given a reasonable period to properly fulfill its obligations under the Agreement, if the other Party fails to fulfill its obligations within the specified reasonable period.

Art. 4.4 MultiSafepay is authorized to terminate the Agreement with immediate effect if:

• There is bankruptcy, suspension of payments, guardianship, death of Merchant, administration of Merchant's assets, and if a statutory debt restructuring scheme applies to Merchant or if an application has been submitted for one of these schemes;
• The creditworthiness or payment behavior of Merchant is risky (at the discretion of MultiSafepay);
• Merchant does not (timely) fulfill the obligations under the Agreement;
• Merchant's business is liquidated or terminated, other than for the purpose of reconstruction or merger of businesses;
• The MultiSafepay Services are used by Merchant for offering goods whose existence, offering, trading, possession, or use is punishable, or is contrary to applicable (international) laws and regulations or the policy of MultiSafepay or the relevant Financial Institution;
• The offered products and/or business operations of Merchant no longer meet the requirements of MultiSafepay;
• The POS system is used incorrectly and/or for incorrect purposes or the POS system is made available to third parties;
• Merchant acts in violation of the acceptance and monitoring policy of MultiSafepay (as amended from time to time);
• There is no proper complaints procedure at Merchant (at the discretion of MultiSafepay);
• Merchant is negligent in providing relevant information and/or deliberately provides incorrect or not timely all necessary information, including compliance with sanction rules, the Anti-Money Laundering and Terrorist Financing Act (Wwft), and the Financial Supervision Act;
• Merchant is negligent or fails to provide all mandatory information on the website at the request of MultiSafepay;
• Use of personal data in violation of applicable privacy legislation, including but not limited to the General Data Protection Regulation (GDPR), or if customers are insufficiently informed as intended in the GDPR;
• Merchant misleads customers, MultiSafepay, Financial Institutions, third parties, or other parties (possibly);
• Merchant accepts and/or sends a fraudulent, illegal, or unauthorized Transaction(s), or Transaction(s) that is/are not the result of an action between the Merchant and the User;
• The actions or omissions of Merchant may be harmful to the image and/or brand of MultiSafepay;
• MultiSafepay has received an instruction from a competent supervisor or if this follows from a court ruling.

Art. 4.5 MultiSafepay is entitled to impose a directly payable fine in addition to the immediate termination of the Agreement by MultiSafepay without further notice of default, equal to the fines or fees, such as Chargebacks, that MultiSafepay must pay to third parties, such as Financial Institutions, in connection with the Agreement.

Art. 4.6 From the termination of the Agreement, Merchant's right to use the MultiSafepay account and the MultiSafepay Services expires, and all fees are immediately payable by MultiSafepay.

Article 5: Payment after termination of Agreement

Art. 5.1 MultiSafepay will refund any credit on the MultiSafepay account, reduced by all amounts owed by Merchant to MultiSafepay, after the date on which the Agreement has ended, in accordance with Article 3.

Art. 5.2 Fees invoiced before the termination in connection with what MultiSafepay has already properly performed or delivered under the Agreement remain payable and become immediately due upon termination of the Agreement.

Art. 5.3 Ongoing Transactions at the time of termination of the Agreement will be settled as much as possible. If Merchant owes a fee for these Transactions, it will be offset against the amount to be paid out under the Transaction. If this is not sufficient or if no offset can take place, this fee is immediately due and payable.

Art. 5.4 Upon termination of the Agreement, MultiSafepay may establish and maintain a security deposit based on a risk analysis for ongoing risks.

Article 6: Characteristics and use of the MultiSafepay account and POS system

Art. 6.1 The MultiSafepay account and POS system are intended exclusively for business use and may only be used for providing payment orders to MultiSafepay for the benefit of Merchant or other Users.

Art. 6.2 Merchant is obliged to ensure the physical security of the POS system based on the Cooperation Agreement.

Art. 6.3 MultiSafepay will strive to ensure that Merchant can use the MultiSafepay account and POS system 7 days a week and 24 hours a day but cannot guarantee this. MultiSafepay is authorized to suspend the use of the relevant MultiSafepay Services in whole or in part in case of maintenance and management work, security incidents, malfunctions, or other special circumstances.

Art. 6.4 MultiSafepay is not obliged to inform Merchant when software/interface is updated/changed and these adjustments do not affect the MultiSafepay Services as such and Merchant does not experience any inconvenience if the integration/implementation is carried out correctly and according to the manual and instructions.

Art. 6.5 MultiSafepay will, if possible, inform Merchant in advance via the MultiSafepay website or otherwise, to allow Merchant to become aware of the suspension of the use of the MultiSafepay Services.

Art. 6.6 MultiSafepay accepts no liability for any harmful consequences of a temporary suspension.

Art. 6.7 MultiSafepay is authorized to set limits on the use of the MultiSafepay account and POS system, including the minimum and maximum balance of the MultiSafepay account, minimum and maximum amounts with which the MultiSafepay account can be topped up through transfers, and the minimum and maximum amounts for which MultiSafepay payment orders can be provided. MultiSafepay can change these limits and amounts at any time and will inform Merchant about such changes in these limits and amounts, or allow Merchant to become aware of them via the MultiSafepay website.

Art. 6.8 MultiSafepay can set additional conditions for the use of specific payment methods. These must be accepted by Merchant through agreement on additional agreements. MultiSafepay assesses whether Merchant can use these payment methods.

Art. 6.9 MultiSafepay is authorized to change/add settings and usage options. MultiSafepay will inform Merchant about such changes, or allow Merchant to become aware of them via the MultiSafepay website.

Art. 6.10 Merchant is unconditionally bound to the usage settings, as determined and amended from time to time, by MultiSafepay.

Art. 6.11 The MultiSafepay account and the balance on the MultiSafepay account are not transferable. If Merchant wishes to transfer the Agreement, this is only allowed after prior written permission and possibly additional conditions from MultiSafepay.

Art. 6.12 Merchant can insure against payment risks through its own insurance.

Art. 6.13 Based on the Wwft, MultiSafepay has the obligation to continuously monitor business relationships. MultiSafepay can request data from Merchant at any time in connection with the implementation of the Wwft by MultiSafepay.

Article 7: MultiSafepay payment orders

Art. 7.1 For the purposes of this article, a MultiSafepay payment order is deemed to have been executed as soon as MultiSafepay has sent the message confirming the receipt of the MultiSafepay payment order to the User (unless otherwise specified).

Art. 7.2 When providing MultiSafepay payment orders, Merchant must comply with the instructions of MultiSafepay.

Art. 7.3 Merchant is unconditionally bound to MultiSafepay payment orders provided within the limits of the usage settings determined by MultiSafepay or using security data, charged to its MultiSafepay account.

Art. 7.4 A MultiSafepay payment order cannot be revoked by Merchant.

Art. 7.5 Merchant explicitly agrees that the (guaranteed) payments by the Financial Institution of transaction funds are made to the Foundation.

Art. 7.6 In case of execution of the MultiSafepay payment order, the amount of the MultiSafepay payment order is deducted from the balance of the MultiSafepay account.

Art. 7.7 MultiSafepay is not obliged to execute a payment order if the balance of the MultiSafepay account is insufficient, the MultiSafepay account has been seized, the MultiSafepay account is blocked, or other special circumstances, including security incidents, occur.
 

Article 8: MultiSafepay payout:

Art. 8.1 MultiSafepay credits the funds directly to the MultiSafepay account of Merchant. MultiSafepay debits the (transaction) costs directly from the MultiSafepay account of Merchant.

Art. 8.2 Merchant can give the order at any time to transfer the funds, reduced by the security deposit, from the MultiSafepay account to the bank account of Merchant.

Art. 8.3 After the order by Merchant, the funds will be transferred by the Foundation MultiSafepay Guaranteed to the bank account of Merchant no later than 1 (to 7) working day(s) after receipt of the funds from the Financial Institution, unless there is a special situation as stated in these General Terms and Conditions.

Art. 8.4 MultiSafepay is only authorized to transfer payments to a European business bank account number of the Merchant whose name matches the name recorded in the Chamber of Commerce extract.

Art. 8.5 In case of an apparent error in a paid amount, MultiSafepay can reclaim the payment made.

Article 9: Password and Security

Art. 9.1 MultiSafepay will provide Merchant with a password for the use of the MultiSafepay Services. Additionally, MultiSafepay may implement security measures that must be applied by Merchant to use the MultiSafepay Services. Merchant must carefully store and keep passwords and other security data confidential from all third parties. Merchant must take adequate measures to prevent unauthorized access and/or unauthorized use of the password and/or other security measures. Merchant must not make a note of the password.

Art. 9.2 Merchant is not authorized to use the data provided by MultiSafepay for the security of the MultiSafepay Services for purposes other than the use of the MultiSafepay Services. Merchant is obliged to carefully comply with the instructions and confidentiality requirements given by MultiSafepay regarding the data provided by MultiSafepay. MultiSafepay may require Merchant to periodically change the password.

Art. 9.3 Merchant is, excluding MultiSafepay, responsible for and bound by the use of the data provided to Merchant in connection with the security of the MultiSafepay Services.

Art. 9.4 If Merchant knows or suspects that the password and/or other security data are known to or used by an unauthorized person(s), Merchant is obliged to report this to MultiSafepay immediately.

Art. 9.5 Merchant is always liable for damage resulting from unauthorized use of the password and other security data. MultiSafepay is not liable in any way for the loss of these data, which allows others than Merchant to use the MultiSafepay Services, including the MultiSafepay account. Merchant is always responsible for misuse of the password and other data and will immediately notify MultiSafepay of loss/theft and/or misuse.

Article 10: Security, Fraud, and Establishing Security Deposit

Art. 10.1 MultiSafepay may set additional conditions for the use of specific payment methods. These must be accepted by Merchant through agreement on additional agreements and/or an appendix to the Agreement. MultiSafepay assesses whether Merchant can use these payment methods.

Art. 10.2 Merchant has acknowledged the (fraud) risks associated with the use of the payment methods offered by MultiSafepay. MultiSafepay tries to limit these risks for Merchant but is not liable if these risks occur. In case of communication via the MultiSafepay website, information is deemed to have reached Merchant within 2 days after it has been made available or published on the MultiSafepay website.

Art. 10.3 MultiSafepay can disable payment methods at any time, including in connection with complaints/Chargebacks, risks, and/or changes in laws and regulations.

Art. 10.4 MultiSafepay can establish a security deposit.

Art. 10.5 MultiSafepay can require Merchant to remove websites from the MultiSafepay account and/or remove items from websites. If this is not done or not done in time, MultiSafepay may decide to temporarily block the MultiSafepay account or terminate the Agreement. MultiSafepay is not liable for any damage suffered.

Art. 10.6 MultiSafepay is obliged, on behalf of Financial Institutions, police, public prosecutor's office, or holders of certified payment methods, or in specific situations at its own discretion (for example, in case of (suspected) fraud, violation of the Wwft), to suspend payments to Merchant and/or temporarily block the MultiSafepay account, terminate the Agreement, and/or release data. MultiSafepay is not liable for any damage suffered.

Article 11: Information, Control, Reporting Unauthorized Use

Art. 11.1 MultiSafepay provides Merchant with information about the use of the MultiSafepay account. Merchant must check this information without delay and inform MultiSafepay of any inaccuracies or incompleteness observed by Merchant. MultiSafepay may decide to correct any inaccuracies or incompleteness after receiving the information.

Art. 11.2 If Merchant has not disputed the content of the information provided by MultiSafepay about the use of the MultiSafepay account within 14 days after this information can reasonably be deemed to have been received, the content of that information is considered approved by Merchant.

Art. 11.3 Merchant is obliged to regularly check for unauthorized use of the MultiSafepay account, including unauthorized MultiSafepay payment orders and/or unauthorized changes to usage settings, in accordance with the Agreement and instructions from MultiSafepay.

Article 12: Obligations of Merchant

Art. 12.1 The obligations and responsibilities assumed by Merchant apply to the legal entity, its directors, employees, or other representatives. It is the obligation of Merchant to ensure compliance by its employees, directors, commissioners, and representatives with the conditions of the Agreement.

Art. 12.2 Third parties may not use the MultiSafepay Services (including via the MultiSafepay account and/or the POS system) of Merchant. Third parties must be referred directly to MultiSafepay.

Art. 12.3 Reasonable regulations and instructions from MultiSafepay must be followed. Timely cooperation and provision of relevant data and/or information for the (execution of the) Agreement must also be provided.

Art. 12.4 Merchant must ensure that the information provided/to be provided is correct, complete, and obtained/processed lawfully.

Art. 12.5 Merchant must ensure that the Transactions carried out via MultiSafepay comply with or are concluded in accordance with the applicable laws and regulations. Transaction information must always be protected from exposure to others and may only be stored for record-keeping purposes. The CVV code must never be stored.

Art. 12.6 Merchant is responsible for following the applicable rules and regulations of the Payment Methods they use. Otherwise, Merchant may be subject to additional fees, fines, or sanctions from the Payment Methods they use. This may also lead to the termination of the services of the specific Payment Method.

Art. 12.7 Merchant is the rightful owner of the domain name(s) of websites linked to MultiSafepay.

Art. 12.8 Merchant must maintain a business bank account in the European Union in the name of Merchant during the term of the Agreement and up to 6 months after termination of the Agreement.

Art. 12.9 Merchant is responsible for connecting websites and/or the POS system to the MultiSafepay portal. Merchant is and remains responsible for the security and functioning of the websites during the term of the Agreement.

Art. 12.10 Merchant guarantees that goods/services offered/traded or possessed are not punishable and/or contrary to applicable laws and regulations and/or contrary to the acceptance policy of MultiSafepay.

Art. 12.11 Merchant guarantees that it does not process illegal, fraudulent, or unauthorized Transactions (if Merchant is aware or should be aware that these Transactions are illegal, fraudulent, or unauthorized), in compliance with the laws applicable to Merchant, the User, and MultiSafepay.

Art. 12.12 Merchant guarantees that Transactions returned by the Financial Institution due to a dispute are not re-submitted. Merchant will also not submit a Transaction that has already been submitted, represents a debt, or has been marked as uncollectible.

Art. 12.13 Merchant may not offer cash or products against purchase transactions.

Art. 12.14 VAT and other surcharges added to a transaction on top of the purchase price must comply with European law.

Art. 12.15 Merchant must respond to emails from Users and MultiSafepay within 2 working days. Merchant is responsible for handling messages and complaints from Users.

Art. 12.16 Merchant or its employees must not engage in activities that could lead to reputational damage or brand damage to MultiSafepay.

Art. 12.17 Merchant must have an appropriate complaints procedure.

Art. 12.18 Merchant may not make modifications/edits to the MultiSafepay platform or make a copy of it.

Art. 12.19 Merchant must notify MultiSafepay if new URLs are added to the account. The URL will be assessed based on the acceptance policy and applicable laws and regulations.

Article 13: Data of Merchant

Art. 13.1 Merchant guarantees the accuracy and completeness of the data provided to MultiSafepay (including name/address/residence and all other data provided in the context of the Wwft). Merchant will inform MultiSafepay in advance if possible and otherwise within two working days if the data provided to MultiSafepay changes. MultiSafepay is authorized at any time during the term of the Agreement to request additional information for the implementation of laws and regulations and the internal policies of MultiSafepay. Merchant is obliged to provide the requested information at the request of MultiSafepay.

Art. 13.2 At the first request of MultiSafepay, Merchant will send MultiSafepay a copy of an identification document (such as a passport or driver's license) of the authorized representatives and/or ultimate beneficiaries.

Art. 13.3 Merchant is obliged to inform MultiSafepay of any changes in business status, business structure, services, or other changes, including the use of services from external service providers and any changes therein.

Art. 13.4 MultiSafepay will handle the data provided by Merchant carefully. In case of loss/theft or other forms of unlawful use, Merchant will be notified immediately.

Art. 13.5 The data registered by MultiSafepay, or by third parties engaged by it, for the use of the MultiSafepay account, including the provision of MultiSafepay payment orders, use of security data, and the provision of usage settings, received documents, constitutes full proof against Merchant, unless counter-evidence is provided by Merchant.

Article 14: Communication

Art. 14.1 Communication between Merchant and MultiSafepay regarding the MultiSafepay Services and the Agreement must take place in accordance with the Agreement, including the General Terms and Conditions of MultiSafepay.

Art. 14.2 In case of communication by email, MultiSafepay addresses its emails to Merchant exclusively to the provided email address. Emails sent to this address are deemed to have been received by Merchant no later than 2 days after dispatch by MultiSafepay.

Art. 14.3 In case of communication via the MultiSafepay website, information is deemed to have reached Merchant within 2 days after it has been made available or published on the MultiSafepay website.

Article 15: Manual and Instructions

Art. 15.1 MultiSafepay may provide instructions and requirements regarding, among other things, the opening and use of a MultiSafepay account. Instructions and requirements may also be set for transferring to the MultiSafepay account, verifying the bank account number of Merchant, and terminating the MultiSafepay account, use of security data, and User settings, and all other subjects related to the MultiSafepay account.

Art. 15.2 Merchant is obliged to carefully comply with the instructions and requirements established by MultiSafepay as referred to in Article 15.1.

Art. 15.3 MultiSafepay is authorized to change the instructions and requirements referred to in Article 15.1 and will inform Merchant about such changes, or allow Merchant to become aware of them via the MultiSafepay website.

Article 16: Fees, Application Costs, and Interest

Art. 16.1 Merchant owes MultiSafepay the fees and costs stated in the Agreement or disclosed by MultiSafepay to Merchant at the time of the Agreement in connection with the MultiSafepay account.

Art. 16.2 Payment of the monthly fixed fees (including the costs of your application for the use of the MultiSafepay account) is made by supplementing the negative initial balance. Payment of these fees must be made within 30 days after opening the MultiSafepay account. MultiSafepay is authorized to collect the fee by direct debit from the registered bank account after this period. Merchant hereby grants MultiSafepay authorization for this direct debit.

Art. 16.3 Payment of the monthly fixed costs (if applicable) is made by supplementing the MultiSafepay balance. Payment of this fee must be made within 30 days after invoicing of the monthly costs. MultiSafepay is authorized to automatically collect the monthly fixed costs after this period. Merchant hereby grants MultiSafepay authorization for this direct debit.

Art. 16.4 If MultiSafepay does not charge Merchant a (periodically due) fee at the time of the Agreement for the use of the MultiSafepay account, MultiSafepay is authorized to introduce a new (periodically due) fee. MultiSafepay will inform Merchant at least two months before the effective date of the introduction of a new (periodically due) fee, or allow Merchant to become aware of it via the MultiSafepay website. Merchant is authorized to terminate the Agreement in accordance with the conditions with effect from the date on which the introduced new fee takes effect.

Art. 16.5 In addition to the fees owed by Merchant to MultiSafepay, third parties, such as Financial Institutions, may charge costs. To the extent these costs are related to the Agreement, these costs will be passed on to Merchant. Payment of these costs in connection with the conclusion of the Agreement must be made in the manner and time prescribed by MultiSafepay. MultiSafepay is authorized, among other things, to prescribe that a fee is due in advance or that Merchant will provide a direct debit authorization. MultiSafepay is authorized at any time to offset the fees and costs owed by Merchant without further notice with the balance of the MultiSafepay account. This regardless of the currency in which the fees and counterclaims are denominated.

Art. 16.6 If Merchant does not fulfill the payment obligations on time, Merchant is in default without further notice and MultiSafepay is authorized to charge Merchant the applicable statutory commercial interest and extrajudicial collection costs in accordance with laws and regulations on the outstanding amount until the full amount owed is paid. In that case, MultiSafepay is authorized to terminate the Agreement without further notice in accordance with the provisions of Article 4. MultiSafepay is authorized to block access to the MultiSafepay portal.

Art. 16.7 MultiSafepay does not pay interest on balances in the MultiSafepay account. All costs, taxes, and/or other levies are borne by Merchant, unless otherwise agreed in writing or prescribed by mandatory law.

Article 17: Rates

Art. 17.1 MultiSafepay is authorized to unilaterally change the rates/transaction costs assigned to Merchant.

Art. 17.2 Merchant will be informed of this change at least two months before the effective date of the change, or Merchant will be given the opportunity to become aware of it via the MultiSafepay website.

Art. 17.3 If Merchant does not agree with the rate change, Merchant is authorized to terminate the Agreement with effect from the date of the price change. Merchant must inform MultiSafepay in writing before the date of the price change.

Art. 17.4 It is prohibited to negotiate rates through third parties. Any negotiations can only take place between Merchant/partner and MultiSafepay. If negotiations take place/have taken place in this way, MultiSafepay may unilaterally terminate the Agreement or calculate a fine of €200 per day of violation.

Art. 17.5 If there is a currency conversion by MultiSafepay, the costs incurred by MultiSafepay for this will be passed on to Merchant. Merchant can find the rates applicable at any given time on the MultiSafepay website.

Position of MultiSafepay regarding Chargebacks and Revoked Payments

Art. 18.1 A Chargeback can be reclaimed up to a year after payment. MultiSafepay is never responsible and liable, both legally and financially, for the non-payment of a User for the purchased products and/or services, or the costs that Merchant must incur to claim the funds from the User.

Art. 18.2 Merchant indemnifies MultiSafepay for all direct and indirect costs and liability arising from a Chargeback/retrieval, regardless of its accuracy.

Art. 18.3 MultiSafepay is authorized to offset a Chargeback from a certain period with the payout owed to Merchant by MultiSafepay or to recover it through a collection procedure. MultiSafepay has the right to claim this Chargeback from Merchant at any time if the funds of Merchant are insufficient to offset the Chargeback, this can also be done through a collection procedure.

Art. 18.4 If Merchant repeatedly faces Chargebacks, Merchant may be included in a special Chargeback program established by Financial Institutions. MultiSafepay may also decide to disable the relevant payment method. Costs related to Chargebacks will be passed on to Merchants. If this occurs for Payment Methods where Merchant uses MultiSafepay's contracts, MultiSafepay will inform Merchant as soon as possible. If Merchant has a direct Agreement with the Financial Institution, Merchant is responsible for receiving and complying with messages from the Financial Institution regarding Chargebacks. If Merchant has many Chargebacks, a Financial Institution may impose a fine on Merchant. MultiSafepay can always pass on fines and costs charged by Financial Institutions to MultiSafepay in relation to Chargebacks of Transactions made on behalf of Merchant. If the Financial Institution terminates Merchant's Connection Number, Merchant cannot hold MultiSafepay liable.

Art. 18.5 Merchant pays the fee as agreed in or based on the Agreement for administration costs for Chargeback(s) and revoked payments.

Article 19: Complaints Procedure:

Art. 19.1 Merchant must clearly state on the website that Users should contact the Merchant in case of complaints and not MultiSafepay. The Merchant is responsible for handling complaints.

Art. 19.2 If a User submits a written complaint to MultiSafepay despite the provision in Art. 19.1, MultiSafepay will contact the Merchant via email.

Art. 19.3 Once contact between MultiSafepay and the Merchant has been established, the Merchant must contact the User within 2 working days to resolve the complaint. The Merchant must inform MultiSafepay about the handling of the complaint and must resolve the complaint within 14 days.

Art. 19.4 After two working days, MultiSafepay may contact the User to inquire about the status of the complaint.

Art. 19.5 If the Merchant has handled the complaint correctly, according to MultiSafepay, the complaint will be closed.

Art. 19.6 If a complaint concerns the 'non-delivery' of a product and the Merchant disputes the delivery, the Merchant is required to provide proof of shipment or additional documentation. If this is not possible, the User will be irrevocably deemed correct.

Art. 19.7 In the case of an unresolved complaint, MultiSafepay will contact the Merchant again and remind the Merchant of the obligation to resolve the complaint within 14 days. During this period, the payout to the Merchant's bank account will be suspended as a precautionary measure (assessment per individual Merchant). The Merchant has the choice to deliver the product or refund the amount to the User.

Art. 19.8 If the Merchant has handled the complaint correctly, according to MultiSafepay, the complaint will be closed. The Merchant will again be able to access the funds and pay out to their own account (assessment per individual Merchant). If the complaint is not resolved within the stipulated period of 14 days, MultiSafepay will contact the User to inquire about the handling of the complaint. If the complaint is resolved according to the User, the complaints procedure will be closed.

Art. 19.9 If the Merchant has not resolved the complaint and the User has never received the product, the account and payout will be closed as a last resort. The amount owed by the Merchant to the User can, if sufficient, be transferred from the balance on the Merchant's account to the User.

Art. 19.10 Before MultiSafepay pays out any funds to the User, the User is required to file a complaint against the Merchant.

Art. 19.11 MultiSafepay is not responsible and/or liable for reimbursing and/or refunding amounts owed by the Merchant.

Art. 19.12 If MultiSafepay conducts an investigation into complaints about the actions of a Merchant, MultiSafepay may charge the Merchant for administrative costs incurred.

Article 20: Additional Complaints Procedure Fastcheckout

Art. 20.1 If the User has paid for the product via Fastcheckout, the User may be eligible for compensation under the Fastcheckout Guaranteed scheme.

Art. 20.2 The User can only claim the Fastcheckout Guaranteed scheme if the payment was made via the MultiSafepay Fastcheckout account. The complaints procedure described under Article 19 must also have been followed, and the User must have reached the point where they must independently collect the amount from the Merchant.

Art. 20.3 Fastcheckout Guaranteed only applies to Fastcheckout payments for products sent by mail. Payments for services, access to digital content, and travel tickets (including airline tickets) are not eligible for compensation under the Fastcheckout Guaranteed scheme.

Art. 20.4 If the User claims the Fastcheckout Guaranteed scheme according to the above articles, MultiSafepay will make a final decision in favor of the User or Merchant to the best of its knowledge and discretion. Both the User and Merchant may be asked to provide a police report, third-party evaluations, or other data or documents (proof of delivery or receipt) reasonably necessary to further investigate the complaint.

Art. 20.5 If MultiSafepay decides a complaint in favor of the User, the MultiSafepay Guaranteed Foundation will refund the User only the total purchase amount, up to a maximum of €200 per order, for the product or products. The MultiSafepay Guaranteed Foundation may recover the total costs (including the costs of the complaints procedure, statutory interest, and extrajudicial collection costs) through a judicial collection agency from the Merchant.

Article 21: Merchant's Own Goods and Services

Art. 21.1 The Merchant is responsible for ensuring uninterrupted availability and proper functioning of the goods and (telecommunication) services required for the use of the MultiSafepay account, as prescribed by MultiSafepay. The Merchant will carefully comply with the instructions and requirements arising from the Agreement with MultiSafepay regarding such goods and services. MultiSafepay is authorized to change the goods and/or (telecommunication) services prescribed for the use of the MultiSafepay account and will inform the Merchant accordingly.

Article 22: Trademark, License, and Copyright

Art. 22.1 The Merchant acknowledges that trademark, license, and copyright may apply to products, texts, and images on websites. The Merchant is aware of the applicable laws and regulations in this regard, has taken measures to comply with these laws and regulations, and does everything within its power to prevent violations of these laws and regulations.

Art. 22.2 If necessary, the Merchant can prove within 24 hours at the request of MultiSafepay that the laws and regulations regarding license, copyright, and trademark are respected. This proof can consist of invoices from suppliers or statements from license holders.

Article 23: Malfunctions

Art. 23.1 For maintenance purposes, MultiSafepay may temporarily take (part of) its platform or website out of service. MultiSafepay will minimize this and, where necessary, inform the Merchant in advance, taking into account the circumstances of the case, unless this is not reasonably possible21.

Art. 23.2 The technical characteristics of MultiSafepay may be changed. If possible, MultiSafepay will try to implement these changes without affecting the Merchant's usage options.

Art. 23.3 If a malfunction occurs that affects the functioning of MultiSafepay, the malfunction must be reported by or on behalf of the Merchant as soon as possible. Malfunctions will be investigated as soon as possible, but in any case within two working days after they become known to MultiSafepay, unless this is not reasonably possible within that period.

Art. 23.4 MultiSafepay cannot be held liable for technical malfunctions that occur with third parties, making the execution of transactions (temporarily) impossible. Third parties include all Financial Institutions and service providers with whom MultiSafepay has a relationship.

Art. 23.5 If necessary for a proper malfunction investigation, the Merchant must cooperate. A malfunction will be investigated by MultiSafepay to the best of its ability and as quickly as possible.

Article 24: Third Parties

Art. 24.1 MultiSafepay is authorized to engage third parties in the execution of the Agreement.

Art. 24.2 MultiSafepay is authorized to transfer the legal relationship with the Merchant arising from the Agreement to a third party. The Merchant hereby unconditionally and irrevocably grants permission for the transfer of MultiSafepay's rights and obligations under the Agreement to the relevant third party.

Article 25: Liability

Art. 25.1 Without prejudice to what is stated elsewhere in these General Terms and Conditions regarding liability, and unless arising directly from its intent or gross negligence, MultiSafepay is not liable for damage that directly or indirectly results from:

Art. 25.1.1 The inability to use the MultiSafepay account in the cases described in Article 4.

Art. 25.1.2 Unauthorized use of the MultiSafepay account or security data until the Merchant has notified MultiSafepay in accordance with the provisions of Article 13.

Art. 25.1.3 The Merchant's failure to comply with the provisions of the Agreement, these General Terms and Conditions, or instructions given by MultiSafepay.

Art. 25.1.4 International conflicts.

Art. 25.1.5 Measures by any domestic, foreign, or international government.

Art. 25.1.6 Measures by a supervisory authority.

Art. 25.1.7 Boycott actions.

Art. 25.1.8 Labor disputes with third parties or among its own staff.

Art. 25.1.9 Malfunctions in and suspension of electricity supply, telecommunication services or connections, or equipment or software of MultiSafepay or third parties engaged by MultiSafepay.

Art. 25.1.10 Actions by third parties engaged by MultiSafepay in the execution of the Agreement.

Art. 25.2 MultiSafepay is not liable for indirect damage, including lost profits, damage resulting from business interruption, and consequential damage.

Art. 25.3 MultiSafepay can only be held liable for an attributable shortcoming in the performance of the Agreement if MultiSafepay is promptly and properly notified in writing. MultiSafepay must be given a reasonable period to remedy the shortcoming, and MultiSafepay must continue to fail to meet its obligations after the stipulated period. MultiSafepay must receive a complete and detailed description of the shortcoming from the Merchant so that MultiSafepay can remedy the shortcoming.

Art. 25.4 Damage must be reported in writing to MultiSafepay by the Merchant as soon as possible, within one month after becoming aware of the damage or reasonably becoming aware of the damage.

Art. 25.5 MultiSafepay is indemnified against all claims from Financial Institutions, payment method owners, government agencies, customers, and/or other third parties arising from any actions and/or omissions of the Merchant, customers, and third parties engaged by the Merchant. MultiSafepay is indemnified against all (legal/incurred) costs of MultiSafepay if it is held liable by such parties in connection with any actions and/or omissions of the Merchant.

Article 26: Force Majeure

Art. 26.1 Parties are not liable in case of Force Majeure.

Art. 26.2 There is also Force Majeure on the part of MultiSafepay when suppliers fail to meet their obligations and/or fail to comply with the Agreement. Or if new/amended laws and/or regulations prevent the execution of transactions.

Art. 26.3 Parties can terminate the Agreement in writing if there is a Force Majeure situation for more than 90 days. The performances will be settled proportionally, without Parties owing each other anything.

Article 27: Intellectual Property

Art. 27.1 All rights related to intellectual and industrial property, including software, (data) files, quotations, manuals, are vested in MultiSafepay.

Art. 27.2 The Merchant acquires only the non-transferable and non-exclusive and limited right to use the MultiSafepay account and software and the POS system, if applicable, for its own purposes, in accordance with the Agreement and legal requirements. The Agreement may not be transferred to a third party. Granting a sublicense is also not allowed.

Art. 27.3 MultiSafepay can change the functionalities/properties of the use of the MultiSafepay account and/or the POS system. If this adjustment has an objectively negative consequence for MultiSafepay's services, the Merchant may terminate the Agreement in writing. The Merchant does not have to pay compensation in such a case.

Art. 27.4 MultiSafepay can limit the number of users/servers/workstations using the MultiSafepay portal. MultiSafepay may also monitor this.

Art. 27.5 MultiSafepay can use the Merchant's trade name and logo/brand for retention purposes and mention it in advertisements.

Art. 27.6 The name MultiSafepay, trademarks, and logos related to MultiSafepay and the techniques used by MultiSafepay for the execution of the Agreement (including, but not limited to, computer equipment and software) and methods are subject to intellectual property rights (including trademark rights, copyrights, and patent rights) of MultiSafepay and its suppliers.

Art. 27.7 The name MultiSafepay, trademarks, and logos related to MultiSafepay and the techniques and methods used by MultiSafepay for the execution of the Agreement may not be used, modified, reproduced, disclosed, or provided to third parties, except as necessary for the execution of the Agreement.

Art. 27.8 If there is a violation of this article, MultiSafepay is entitled to grant usage rights and charge a fee for these missing usage rights retroactively.

Article 28: Confidentiality

Art. 28.1 Parties are obliged to keep all data and information of a confidential nature provided for the execution of the Agreement confidential, secure it appropriately, and not disclose it to third parties. Confidential information includes information about business operations/financial situation/data, specific conditions, information about transactions, manuals, and software. Information is also considered confidential if it should have been marked as confidential due to its content. All communication, data, and documents of MultiSafepay remain the property of MultiSafepay.

Art. 28.2 Parties may not use or disclose the provided information/data if the Agreement is terminated for any reason.

Art. 28.3 The obligation of confidentiality does not apply if:

• Otherwise specified in these General Terms and Conditions or the Agreement;
• There is a legal obligation to disclose;
• The information is already publicly accessible;
• Disclosure is an obligation under an instruction from competent authorities;
• The information is disclosed by a third party without the involvement of MultiSafepay;
• The information must be provided because another party must comply with a legal obligation.

Article 29: Amendment of MultiSafepay General Terms and Conditions

Art. 29.1 MultiSafepay can amend these General Terms and Conditions. MultiSafepay will inform the Merchant at least two months in advance.

Art. 29.2 MultiSafepay can, contrary to Art. 29.1, amend the General Terms and Conditions with a shorter notice period if the amendment is in favor of the Merchant, if MultiSafepay is obliged to implement the amendment based on laws and regulations, an instruction from a competent supervisory authority, or if MultiSafepay is obliged to do so based on a court ruling. MultiSafepay can also amend the conditions if it is merely a clarification of the conditions or if it is an addition due to new, additional services. If MultiSafepay amends the conditions based on this article, MultiSafepay will inform the Merchant.

Art. 29.3 If MultiSafepay amends the General Terms and Conditions with the notice period mentioned in Art. 29.1 and the Merchant disagrees with the amendment, the Merchant can terminate the Agreement before the amendment takes effect. If the Merchant has not terminated the Agreement, it means that the Merchant agrees with the amended general terms and conditions.

Article 30: Data Protection

Art. 30.1 In the context of the execution of the Agreement, personal data is processed. Each party guarantees that it will process the personal data it processes in the context of the execution of the Agreement in accordance with the applicable laws and regulations.

Art. 30.2 MultiSafepay is authorized to process (personal) data. For this, refer to MultiSafepay's privacy policy.

Art. 30.3 The Merchant and MultiSafepay take appropriate technical and organizational (security) measures to protect personal data against loss and/or any form of unlawful processing in accordance with laws and regulations.

Art. 30.4 Transaction data is recorded so that it can be consulted by the Merchant for one year after recording.

Article 31: Applicable Law and Competent Court

Art. 31.1 All Agreements are exclusively governed by Dutch law, unless otherwise agreed.

Art. 31.2 The applicability of the Vienna Sales Convention is excluded.

Art. 31.3 All disputes arising from an Agreement (including these General Terms and Conditions) will be exclusively submitted to the competent court in Amsterdam.

Art. 31.4 These General Terms and Conditions are drawn up in Dutch and English. In case of difference or contradiction, the version drawn up in Dutch prevails.