Terms & Conditions

General Terms & Conditions

DEFINITIONS
The Payment Gateway Terms and Conditions mean the terms for using Easy Payment Gateway.
The Merchant” means an individual or a legal entity that uses EasyPay Payment Gateway services.

SCOPE OF THE TERMS

The Payment Gateway Terms and Conditions lay down rules that govern the use of functionalities of the EasyPay Payment Gateway by Merchants who use it for the purpose of selling goods or providing services.

OPENING PAYESSENCE PAYMENT GATEWAY

The Merchant shall be entitled to use EasyPay Payment Gateway as functionality of the EasyPay Payment System at the moment when the Merchant confirms that it accepts the Terms and Conditions, and when the Provider authorizes the Merchant to use the EasyPay Payment Gateway.
The Merchant acknowledges and accepts that the availability of EasyPay Payment Gateway is subject to activation as part of which the Provider assess whether the Merchant and the activity that the Merchant operates meets the requirements pursuant to the Payment Gateway Terms and Conditions. The Provider reserves the right not to establish cooperation in those cases when the Provider believes that, the Payment Gateway Terms and Conditions may be breached.
The Merchant acknowledges that if its activity is evaluated as high-risk, the Provider is entitled to apply fees on an individual basis or other security parameters.
Before the Merchant commences productive operation, the Merchant is obliged to duly test the integration of its application that is used for offering and selling goods or services with EasyPay Payment Gateway in accordance with the Merchant’s directions, instructions and recommendations.
The Merchant is obliged to make the separate integration for every portal, which wants to operate EasyPay Payment Gateway. It is strictly forbidden to use data integration one portal to launch other portals.

SECURITY MEASURES

The Merchant acknowledges that the Merchant is obliged to secure personal data of its customers so as to prevent its misuse by unauthorised persons. Protection requirements can be found in general guidelines of the European Banking Authority to the Payment Services Directive or in PCI-DSS Standards. If need be, the Provider is entitled to ask the Merchant at any time to prove that the Merchant has fulfilled the above obligations e.g. by means of the SAQ (SelfAssessment Questionnaire) and/or the AOC (Attestation of Compliance) questionnaire or by carrying out an inspection of the place where the Merchant processes personal data.
If the Merchant processes or intend to process payment card numbers of third parties or other payment card data that may be used for making payment card transactions, the Merchant is obliged to inform the Provider about this fact in writing without delay.
The Merchant acknowledges and accepts that the Provider regularly as well as randomly check whether the Merchant’s sales portal adheres to the AML Policy.
In order to fulfil the obligations pursuant to this Article, the Merchant undertakes to abide by the following security rules:
The Merchant shall operate its e-shop in such a manner so as to minimize the risk of personal data leaks caused by intercepting communication between its customer and the Merchant’s and also leaks of data stored in its systems;
So as to guarantee security the Provider recommends that the Merchant implements technologies that ensure controlled access to Internet transaction systems such as a firewall or a proxy server and that the Merchant regularly updates its software, antivirus software and due procedures for systems administration;
The Merchant shall protect access to systems and data from unauthorized users;
The Merchant shall keep a record of individual operations that have occurred when customers use the system so as to have evidence for proceedings that may be held if an attempt to abuse the system takes place;
The Provider recommends that the Merchant uses safe technologies (e.g. chip cards) for safe storage of secret cryptography keys.
The Merchant shall provide copy of its passport and/or ID card or other identification documents to the Provider for the purposes of identification.

LIMITATION OF SERVICE AVAILABILITY

The scope (material, functional and territorial) and availability of payment methods in the Merchant’s EasyPay Payment Gateway are not guaranteed unless expressly agreed otherwise.
The Merchant acknowledges that providers of individual payment services (in particular payment services provided by payment cards) may be entitled to ask at any time that this payment service be terminated in relation to the Merchant's EasyPay Payment Gateway. In this case, the Provider shall suspend service provision to the Merchant without delay; the Merchant hereby accepts the Provider’s entitlement to do so and grant its consent to it. The Merchant also acknowledges and accepts that the Merchant shall be obliged to reimburse any harm and damage incurred by the Provider in relation to the Merchant’s breach of obligations related to making payment card transactions, including contractual penalties and similar sanctions imposed upon the Provider by pertinent card associations.
The Provider is entitled to terminate, suspend or restrict service provision of the Merchant’s EasyPay Payment Gateway to the necessary extent in justified cases with immediate effect. This shall be applied especially when the Provider suspect that the Merchant uses its EasyPay Payment Gateway contrary to the Payment Gateway Terms and Conditions. Potential reactivation is subject to remedying these deficiencies. Please note that the Merchants sales portal is subject to a new authorization and previously authorized payment methods or setups are therefore not guaranteed.
The Merchant acknowledges and accept that if the Provider establishes that the Merchant’s sales portal is inactive (non-functional) or that no payment has been made through EasyPay Payment Gateway over the last 6 months, the Provider is entitled to deactivate the Merchant’s Payment Gateway without warning. The Merchant is entitled to request reactivation of EasyPay Payment Gateway in its sales portal. Please note that the Merchant’s sales portal is subject to a new authorization and previously authorized payment methods or setups are therefore not guaranteed.
Regardless of other provisions of the Payment Gateway Terms, the Provider is entitled to suspend or terminate service provision or making of payment transactions if the Provider has established or has been notified that:
The Merchant has caused or allowed unauthorized disclosure or use of information about a payment card in any manner;
Damage or unlawful conduct may be given rise to by breaching, the Payment Gateway Terms and Conditions.

BANKING TERMS

The Merchant represents that the meaning of documents pursuant to this Article has been sufficiently explained to the Merchant and the Merchant acknowledges that it shall be bound not only by the Agreement but also by the Payment Gateway Terms. These documents and that a failure to fulfil obligations or terms laid down in these documents may have the same legal implications as a failure to fulfil obligations and terms that follow from the Agreement.
The Merchant accepts that banks with which the Provider has contractual cooperation shall be entitled to offset their claims from The Merchant to the extent and in a mode laid down in documents pursuant to this Article.
The Merchant acknowledges and accepts that a bank with which the Provider has contractual cooperation shall be entitled to terminate the provision of payment services with The Merchant with immediate effect in cases laid down in the Banking Terms and also in the following cases:
If The Merchant breaches the contract concluded between The Merchant and the Provider in any manner;
If fraudulent payment card transactions occurs in the place where The Merchant provides goods and/or services;
If no payment card transaction has been made in the place where The Merchant provides goods and/or services in the course of six (6) months;
In cases stated in Subsections 7.3.2. or 7.3.3. above, the bank shall be entitled to determine that the provision of payment services relates only to a specific place where goods and/or services are provided where facts pursuant to Subsections 7.3.2. or 7.3.3. above have occurred.
If the bank uses its entitlement pursuant to this Subsection of the Payment Gateway Terms and Conditions, the Provider shall terminate the provision of payment services with immediate effect to the same extent as the measure undertaken by the bank.

FINAL PROVISIONS

The Provider has a right to unilaterally change the Payment Gateway Terms and Conditions in accordance with the rules and terms laid down in this Article. The Merchant accepts the Provider’s entitlement to do so.
If the Provider changes the Payment Gateway Terms and conditions, the Provider is obliged to notify the Merchant of this amendment in advance by e-mail containing a link to the new Payment Gateway Terms and Conditions from where the Merchant may print them or download them in electronic form.
The Payment Gateway Terms and Conditions are published in electronic form and are available on the Provider’s website.
The Provider assumes that the Merchant pursues business activities on the Internet on the basis of a pertinent authorization for the purpose of selling goods or providing services and that the Merchant uses it’s EasyPay Account in relation to its activity. With regard to the above, the provisions of legal regulations regarding consumer protection shall not apply to the Merchant. If the Merchant uses its EasyPay Account in relation to its business activities, the Merchant is obliged to provide evidence within one week that the Merchant is a small entrepreneur within the meaning of the Payment System Act. If the Merchant fails to do so in the given time limit, the Merchant shall not be deemed to be a small entrepreneur.
The Merchant shall be liable for damage (loss) caused by a breach of the Payment Gateway Terms and Conditions regardless of fault.
The Payment Gateway Terms and Conditions come into effect as of 22.01.2024.