Gate2Payments ApS General Terms and Conditions for Acquiring and Payment Gateway (PSP) services.
General conditions for acquiring
These General Terms and Conditions apply to all Businesses who receive card payments through Gate2Payments ApS.
The natural person or legal entity that has entered into an agreement with Gate2Payments ApS to receive online card payments.
The person (the company’s customer) to whom a card is issued.
Payment cards covered by this agreement, typical Visa or MasterCard.
- Master Agreement
The document showing prices and other terms between the Company and Gate2Payments ApS.
Visa and/or MasterCard.
The Acquirer is under the supervision of the Financial Supervisory Authority in the country it resides, as well as the VISA and MasterCard associations. The cashflows of online purchases takes place solely through Acquirers.
Payment Service Provider is a payment gateway supplier and is, thus, a technical link between the Acquirer and the Company.
2. Gate2Payments ApS’s Benefits
Gate2Payments ApS provides the following services to the Company: Processing of authorization requests, registration and processing of card payments, and handling of objections from card issuers and cardholders.
Gate2Payments ApS typically supplies an acquiring agreement within 1-3 business days, from the moment the webshop meets the requirements set by the bank.
The Acquirer is subject to compliance with the anti-money laundering legislation and EU purchasing legislation.
3. Basis of the Agreement
The agreement between the Company and Gate2Payments ApS consists of the Master Agreement, those General Terms and Conditions, VISA and MasterCard’s International Rules, as well as the Company’s application to Gate2Payments ApS.
Gate2Payments ApS, on behalf of the customer, can sign the acquiring agreement. The agreement must be activated within 3 weeks from the date of creation otherwise the account is terminated.
Gate2Payments ApS’s conclusion of the agreement with the Company is based on a thorough credit rating. Gate2Payments ApS is, therefore, entitled to obtain credit information about the Company and its owners, as well as requesting the Company for the necessary information for the ongoing assessment of the customer relationship.
In the event of significant changes in the business relationship, Gate2Payments ApS must be notified promptly in writing. Essential relationships include, but are not limited to: Company Ownership, Management, Board, Registration Number, Address, Email Address, Phone Number, Account Number, URL, Industry, Business Model (including New Business Areas), Major Product Range Changes, Sales and delivery. Significant changes may result in a changed credit rating from Gate2Payments ApS.
Gate2Payments ApS reserves the right to change the Company’s terms of sale if a credit rating gives rise to this.
Any change in the agreement between Gate2Payments ApS and the Company must be in writing. Gate2Payments ApS can change the agreement with 30 days notice. However, the notification may be shorter if the change is due to requirements from authorities or card organizations. Notifications of changes are made electronically. The Company is bound by the change unless within 10 days of notification, Gate2Payments ApS notifies that the change is not acceptable.
4. Use of the gateway
It is crucial for the overall trust of the gateway to maintain a high level of security when using cards.
The Company is obliged to contribute actively to this and the agreement will be held within 3 weeks or the account will be terminated.
The Company must at all times comply with Card Organizations’ Standards for Safe Card Data Management, PCI DSS. The standards are continually improved and the current rules are available at www.pcisecuritystandards.org.
If the business itself processes and / or stores card data, Gate2Payments ApS must be advised and the Business must document its business process in the area, including proof of passing PCI scanning from an approved supplier.
It is prohibited for the Exchange to trade, including selling, card data with any other than Gate2Payments ApS and any other PSP or Acquirer. Forgotten cards (by physical trade) must be sent to Gate2Payments ApS immediately.
The Company must at all times ensure that relevant staff (typically staff working on receipt of payment, bookkeeping and customer complaints) are aware of the rules for using the gateway at any time and are regularly informed of this. At Gate2Payments ApS, relevant staff need to participate in credit card payment. Costs are borne by the Company.
In the event of suspicion or finding that unauthorized access to the Company systems containing card data has been received, Gate2Payments ApS shall be notified immediately thereof. The business is liable for any loss as a result, including any fine which Gate2Payments ApS and the Acquirer may incur as a result. Gate2Payments ApS will request an external security company to investigate the event and its causes and consequences in case of compromise of Company’s sensitive card data.
5. Transaction Processing
The processing of a transaction consists of an authorization and a payment. Authorization implies that the Company via the Acquirer requests the Card Organizations to confirm that the card is valid and there is coverage for the desired amount on Cardholders’ card. If so, the amount is reserved on the Card and the Company receives an Authorization Number for the current transaction. Payment is made by the Business requesting Gate2Payments ApS to deduct the reserved amount on the given Card.
A Payment may not be made until the item or delivery has been delivered or shipped to Cardholder. The Company is required to receive all relevant types of VISA and MasterCard.
When completing a transaction, the following information must be sent to Gate2Payments ApS: Card number, expiration date of the card, amount, security code. If Gate2Payments ApS considers it necessary for the security of the gateway, Gate2Payments ApS may at any time make additional requirements for sending data about each transaction.
Upon completion of the Transaction, the Company is required to hand in a receipt to Cardholder. The business must store all relevant information regarding a transaction for a minimum of 2 years.
6. Unauthorized transactions
Transactions permitted under this Agreement may only be carried out, including the laws and regulations of the Card Organizations. Examples of unauthorized transactions include: Payment received for 3rd person, Payment for goods / Product groups / Industries (see special MCC Code) not mentioned in the Master Agreement, Debt Settlement (a Cardholder paying for one previously received product), payments that may damage the Card and / or Gate2Payments ApS and Merchant’s reputation and trademark, Payments for sale that do not comply with local laws in both Cardholders and Company, as well as payments for services that may constitute copyright infringement.
Violations of this will be perceived as gross breach of the Agreement by Gate2Payments ApS and may result in immediate termination thereof. Violation may also cause the Business to impose very substantial fines by Gate2Payments ApS and / or Card Organizations.
The crefund of a payment by the Company to a cardholder (typically upon return of purchased item) is subject to full or partial compensation of a previously completed card payment. The Company must use the same credit card used to complete the original purchase and the refund must not exceed the original transaction value.
Refunds can only be made through Gate2Payments ApS gateway if the original transaction is completed through it. This means that no cash can be paid or bank transfer to Cardholder.
A cardholder may dispute a chargeback through the Acquirer. The reason for a chargeback may be some of the following: Cardholder has not made the transaction intentionally, the cardholder has not received the desired product or service, the cardholder has returned the item or that the payment made is greater than its value. The Company is obliged to promptly provide, at the request of Gate2Payments ApS, all relevant documentation relating to the disputed transaction. If Company cannot prove it is right to Gate2Payments ApS and Acquirer, Gate2Payments ApS may choose to return the payment to the Cardholder. Gate2Payments ApS’s decision is final and can not be brought to Court.
The Company is committed to providing a high level of service to Cardholders, so as to avoid chargebacks as much as possible. An excessive number of chargebacks may result in fines and fees from the Card Organizations to both the Company and Gate2Payments ApS. Gate2Payments ApS will always charge these to the Company.
At the request of Gate2Payments ApS, the Company must at its own expense participate in courses and programs to minimise chargebacks.
All usual fees are stated in the Master Agreement. All fees, fines and the like will be deducted from Gate2Payments ApS’s current payments to the Company. All prices and charges are given excl. VAT and other taxes. 6 month subscription is billed upfront and transaction fees are charged each month.
If the Company charges a Cardholder for a transaction, this must be clearly disclosed to Cardholder before it approves the transaction. It is up to the Company to keep up to date and follow national and European rules on charging transaction fees with consumers.
10. Payouts and Rolling Reserve
Payouts for completed Payment to the Company occurs periodically as stated in the Master Agreement. Payouts are net of fees, charges, refunds, chargebacks and reserves.
The rolling reserves are defined in the Master Agreement. If a renewed credit rating gives rise to this, Gate2Payments ApS can change the reserve calculation.
The Company is obliged to reconcile Gate2Payments ApS’s payment calculations as quickly as possible with its own bookkeeping. Objections to Gate2Payments ApS must be made no later than 30 days after the expiration of the month of the posting. The Company must, on its own behalf, retrieve its settlement statements.
11. Enforcing and Terminating the Agreement
The agreement between Gate2Payments ApS and the Company will enter into force immediately upon ordering and running until the Company terminates. At the time of booking, the Gate2Payments ApS Business Authority grants authorization to accept the default terms for Acquiring on behalf of the Company. If the conditions are not standard, Gate2Payments ApS will request an electronic power of attorney on behalf of the Company.
Standard Acquiring Terms
The agreement can be terminated by Gate2Payments ApS with 1 month notice. Gate2Payments ApS may terminate the Agreement with immediate notice, or change the terms herein, in case of repeated or gross breach, according to Gate2Payments ApS thresholds, for large number of chargebacks and refunds. The agreement can also be terminated immediately if a the Company’s credit rating changes.
The business may terminate the agreement with Gate2Payments ApS, with the end of the prepaid subscription period, however, the termination is the minimum current month + 1 month.
The termination must be by telephone to Gate2Payments ApS on tel. +45 7070 7408 within normal opening hours, which is Monday – Friday from noon. 09.00 – 16.00.
Card organizations may, on their own behalf, terminate the Agreement discretionally with immediate notice.
General Payment Gateway Terms
The terms are valid from 1 April 2018. The applicable pricing and pricing structure can be changed at any time with 3 months prior notice.
1. Gate2Payments ApS’s Services
Enrollment for Gate2Payments ApS allows the Company to receive payments online. Gate2Payments ApS payment gateway is approved by the Acquirer, and the transactions between Gate2Payments ApS and the Acquirer are encrypted.
2. Operation and uptime
Gate2Payments ApS strives to facilitate your online payments all years round with minimum downtime. gate2Payments ApS maintains the highest security standards. Gate2Payments ApS payment gateway provider (PSP) is PCI compliant at any time.
Gate2Payments ApS is not responsible for any malfunctions, but should try to correct any errors as soon as they arise.
In case of maintenance / technical issues, etc., Gate2Payments ApS PSP is entitled to discontinue operation for short periods.
3. Company’s Responsibilities
The Company is responsible for customizing its software in its online store, so transactions can be made through Gate2Payments gateway. The modules Gate2Payments ApS are available free of charge, without any liability borne by Gate2Payments.
The Company is responsible for ensuring that the transactions comply with the applicable legislation, etc., including rules laid down in the Payment Card Act, Registry Regulations and Consumer Protection.
If the Company does not enter into an acquiring agreement with Gate2Payments ApS, the Company may enter into an agreement with other Acquirers for the use of the gateway, but Gate2Payments ApS is not responsible for changing the prices determined by the Acquirers. The acquiring agreements between the Company and other acquirers are purely an agreement between these two parties. Gate2Payments ApS is not a party to those acquiring agreements.
The Company is obliged to comply with rules / guidelines as determined by Gate2Payments ApS and obliged to notify any irregularities in operation, including suspicion of third party’s possible intrusions.
Gate2Payments ApS is not responsible for any losses that the user may suffer from getting to know the user’s password, etc. as well as any claims from customers regarding the reversal of payments made over the internet, no matter what objections cardholder / endwoman may encounter.
Gate2Payments ApS is not liable for any operational malfunctions, regardless of the reason for these.
Gate2Payments ApS is entitled to transfer to its third party without prior notice, its obligations under this General Terms and Conditions.
Gate2Payments ApS has all the rights to software that it uses for transactions under these terms and conditions, and both parties have unconditional silence regarding information about the other party and / or third parties that may be acquainted with.
The Company only obtains a limited, non-exclusive right of use for the service Gate2Payments ApS makes available.
The Company right to use the API code and other material is subject to timely payment of any outstanding payment to Gate2Payments ApS.
The violation of these rights by the Company is considered to be a material breach of the agreement.
Gate2Payments ApS has the right to use the Company’s business features as a reference, including marketing material, during the term of the agreement. The business may provide Gate2Payments ApS with instructions for such use.
If the Company is actively expressed for not being used as a reference, Gate2Payments ApS is required to do so.
5. Enforcing and Termination of the Agreement
The agreement between Gate2Payments ApS and the Company will enter into force immediately upon ordering and running until the Company terminates.
The Company may terminate the agreement with Gate2Payments ApS, with the end of the prepaid subscription period, however, the termination is the minimum current month + 1 month.
The termination must be made by telephone to Gate2Payments ApS on tel. +45 7070 7408 within normal opening hours, which is Monday – Friday from noon. 09.00 – 16.00.
In the event of material breach, each of the parties is entitled to terminate the agreement immediately.
In the event of a breach of the present Terms of Service, including the applicable laws and regulations, Gate2Payments ApS is entitled to discontinue the Company immediately.
5.1 Automatic subscription renewal
Unless the Company has terminated the agreement with Gate2Payments ApS or otherwise has terminated, a new subscription period will commence upon expiration of the previous subscription period.
6. In Case of Dispute
If there are discrepancies between Gate2Payments ApS and the Company, it is agreed that EU law shall apply and that the Maritime and Commercial Court in Copenhagen shall be a venue.
Gate2Payments ApS processes personal data about the Companies and therefore you will receive the following information (Privacy).
1.2 Data Controller
Gate2Payments ApS, CVR-No. 36953128, is the Data Controller. This means that we are responsible for your personal information.
1.3 Purpose and basis for collecting personal data.
A: We want to ensure that your personal information is collected and processed solely for one or more of the following purposes:
To provide newsletters that you have signed up for
To sign up for a redemption and payment gateway agreement
B: Our basis for processing your personal information is:
1. Your consent pursuant to Article 6 (1) of the Data Protection Regulation. 1 (a)
2. Interest-weighting rule in accordance with Article 6 (1) of the Data Protection Regulation. 1, f. The processing of your personal data for profiling is necessary for Gate2Payments ApS to pursue a legitimate interest in the form of targeted inquiries and an improved user experience
3. If the basis for processing your personal information is your consent, you have the right to revoke your consent at any time.
4. We keep your personal information until your consent is revoked and you will no longer receive newsletters from us.
1.4 Your Rights
1.4.1. You can access your personal information at any time, request us to correct incorrect personal information and get deleted or changed by contacting us. You may also request that processing be limited, data portability or objections to our processing of your personal information.
1.4.2. If you wish to appeal against our processing of your personal information, please contact the Data Inspectorate.
1.4.3. You have the right at any time to object to the processing of your personal data for direct marketing purposes.
1.5 Transfer and disclosure of personal data to third parties
1.5.1. Only trusted employees, representatives and suppliers with a work-related need have access to your personal data, in accordance with applicable data protection laws, to the extent necessary to provide a service to us or act on behalf of us.
1.5.2. We reserve the right to use or disclose information to the extent necessary to comply with applicable law, conduct investigations in connection with complaints, respond to your requests or for investigative purposes.
1.6 Transfers to recipients in third countries, including international organizations
1.6.1. We will transfer your personal information to recipients outside the EU and the EEA. It is via a Mailchimp, which is located in the United States. The necessary guarantees for the transfer of information to the United States are secured through the data processor’s certification under the EU-US Privacy Shield, cf. the EU Personal Data Regulation. 45. To the extent that we use data providers other than those established outside the EU, it will always be observed in the event of valid transfer guarantees.
If questions to the above contact us at firstname.lastname@example.org
Log statistics are used on Gate2Payments ApS. A statistics system collects information that can provide a statistic of how many visitors a website has had, where they come from, what part of the site this is abandoned etc. Gate2Payments ApS uses these statistics to improve our website and its functionalities. Statistics are used in marketing and to increase user-friendliness.
To enter into an acquiring and payment gateway agreement with Gate2Payments ApS, you must register with the following personal information: Name, Civil Registration Number, Address, Phone Number, Email, ImageID, AddressID, Business Name, Company Registration Number, Ownership, and Personal Data for All Owners with more than 25% of the business, Company Bank Details. The personal data is registered with Gate2Payments ApS and stored for 5 years after which they are deleted.
We make the registration of your personal information for the purpose of providing the service to the Company. As registered, the Company always has the opportunity to gain insight. All employees at Gate2Payments ApS have access to the registered information.
The data controller is Gate2Payments ApS.
All data is processed encrypted.
2. Other Conditions
Upon acceptance of the terms of trade, the Company will be registered for our newsletter. The newsletter contains relevant operating information, general information and offers.
Neither party is entitled to provide information to third parties about the Agreement and its content. Gate2Payments ApS is, however, entitled to disclose information about the Agreement and the Company Relationship with the Card Organizations. The Company cannot hold Gate2Payments ApS responsible for damage, including loss of revenue due to system failures and errors. The Company is encouraged to maintain appropriate backup systems.
Help for installation or anything else on one’s webpage is always on your own responsibility and Gate2Payments ApS cannot be held responsible for errors or anything else on one’s webpage. Therefore, we always recommend that you back up your page.
Disputes are settled by the Court of First Instance in Copenhagen under Danish law.