By accepting these terms, you declare and request from us that we may charge blended fees for different card products as per the fee schedule.
8.2 We will send you electronic invoices for any fees charged. By entering into this Agreement, you consent that we may send you electronic invoices. We will not send paper invoices.
8.3 We reserve the right to amend the Fee Schedule. You will be notified of such amendments no later than two months before the date upon which the amendments are to take effect. The changes will be notified to you through a message within the payleven Application. If you do not wish to accept any such change to the terms, you shall be entitled to terminate this Agreement. Your continued use of the Services following notification of the changes shall be deemed to be an acknowledgement of your acceptance of the amended fees.
8.4 All fees stated on the website are exclusive of VAT. If VAT is or becomes chargeable in respect of all or any of the amounts payable to us under this Agreement you agree that you will, upon receipt of a valid VAT invoice, pay to us VAT at the applicable rate in respect of the relevant supply of goods or services by us.
9.1 While we endeavour that the Services are normally available 24 hours a day, we accept no liability if, for any reason, the Services are unavailable or the Card Reader or the Application is unusable at any time or for any period. Provision of the Services may be suspended temporarily and without notice in the event of system failure, maintenance or repair, or for reasons beyond our control. We will endeavour to notify you in advance of any planned maintenance or repair operations that may result in suspension of the Services.
9.2 When you are the recipient of funds:
9.2.1 we are responsible for the correct transmission of transactions to your customers’ payment service provider (e.g. your customers’ card issuer);
9.2.2 where we fail to transmit a transaction correctly we shall immediately re-transmit that transaction, subject to applicable card scheme rules. If you request information relating to a transaction, we will endeavour to trace the transaction and notify you of the outcome. We are not liable under this clause if our failure to correctly transmit a payment order was due to unavoidable, abnormal or unforeseeable circumstances beyond our control, or due to any requirement of applicable law or regulation.
9.3 When you are the payer of funds:
9.3.1 If someone else uses your Card Reader and/or payleven account security details to make unauthorized transactions from your payleven account (for example, by making unauthorized refunds to cardholders), then you will be liable for a maximum of £50 for any losses prior to you notifying us in accordance with clause 5.4 (Security). However where you have acted fraudulently, or as a result of intent or gross negligence failed to comply with your security obligations under clause 5.4, you will be liable for all losses incurred in respect of unauthorized payment transactions up to the point at which you notify us in accordance with clause 5.4.5. You must notify us without delay, and in any event no later than 13 months after the debit date, of becoming aware of any unauthorized or incorrectly executed refund payments.
9.3.2 Where you have initiated a payment order (for example, where you have made a payment order for a refund to be paid) we shall be liable to you for the correct execution of the payment transaction up to the point at which the recipients' payment service provider (for example, the card issuer) receives the funds. However, if we cannot prove that the recipient's payment service provider has received the funds, we remain liable to you. In circumstances where we are liable we will, without undue delay, refund to you the amount of the non-executed or defective payment transaction. In all other cases we will, at your request, make immediate efforts to trace the payment transaction and notify you of the outcome.
9.4 Subject to clause 9.5:
9.4.1 We shall under no circumstances be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of data or any indirect or consequential loss arising under or in connection with this Agreement; and
9.4.2 Our total liability to you in respect of losses arising under or in connection with this Agreement, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed the total amount of Fees earned by us for your use of the Services during the two (2) months period immediately preceding the event giving rise to the claim for liability.
9.5 Nothing in this Agreement shall limit or exclude our liability for death or personal injury caused by negligence, or the negligence of our employees, agents or subcontractors; or fraud or fraudulent misrepresentation. No limitation of liability shall apply to any of your statutory rights under the Payment Services Regulations 2009 or our liability to you as described in 9.2 and 9.3.
10.1 You shall be liable to us, the Acquirer and the card schemes for any losses incurred as a result of you or your employees, directors, officers, representatives or other third parties controlled by you;
10.1.1 breaching this Agreement;
10.1.2 failing to adhere to any security policy or manual;
10.1.3 failing to adhere to any reasonable instructions given to you by us or the Acquirer in relation to the use of our Services;
10.1.4 breaching applicable card scheme rules;
10.1.5 acting in a manner that will or is likely to result in reputational damage to us, the Acquirer or the card schemes of accepted Payment Cards;
10.1.6 acting fraudulently; or
10.1.7 breaching applicable laws and regulations;
10.2 You shall indemnify and hold harmless us and the Acquirer or any of our or the Acquirer’s employees, directors, officers and representatives against any third party claims brought or threatened against us or the Acquirer as a result of any of the events listed in clause 10.1 above.
10.3 We will report any fraudulent or illegal activities to the competent authorities.
If you have any complaints about our Services, you should contact our Customer Service on +44 (0)20 7112 8211 or via email to email@example.com which will ensure a review is conducted of the complaint and that the results are communicated to you in a timely manner. You may also submit a written complaint by addressing it to payleven Customer Services, Oxford House, 76 Oxford Street, London, W1D 1BS. Your complaint will be dealt with in accordance with our complaints handling procedure, a copy of which is available on request.
This Agreement will come into force as soon as you have given your consent to it but the provision of Services to may be suspended until we and the Acquirer have determined that you have completed the necessary registration and verification processes successfully. The Agreement will continue until terminated by us or by you in accordance with the following provisions.
12.1 Termination by You
You may terminate this Agreement, without giving any reason, by contacting Customer Services.
12.2 Suspension and Termination by payleven
12.2.1 We may terminate this Agreement at any time by giving you at least two months’ notice of such termination.
12.2.2 Your account and this Agreement may be terminated by us after 6 months of non-use of the Service.
12.2.3 You will not be able to access your account details after your account has been terminated.
12.2.4 We reserve the right to immediately suspend or terminate the provision of part or all of the Services in case:
12.2.5 We will endeavour to notify you in advance of our intention to suspend the Services and will provide you with the reasons for doing so where this is possible.
12.3 Consequences of termination
12.3.1 Upon termination of this Agreement, you shall no longer be entitled to use the Services and the licences granted to you for the Application and the use of any logos, trademarks or other intellectual property licensed to you under this Agreement will expire. You must remove all payleven and card schemes’ identification, logos and decals you may display, including but not limited to the ones displayed on your points of sales and websites.
12.3.2 The termination of this Agreement will not affect any rights or obligations which may have accrued prior to termination or expiry. The obligations of either of us set out in this Agreement which are intended to survive termination shall continue in full force and effect notwithstanding termination.
13.1 The parties must keep secret and not make available to third parties any confidential information or data which they have exchanged in their contractual relations except as provided for under this Agreement or to comply with legal obligations.
13.2 By paying with a Payment Card, its owner is invited to consent to the processing of his personal data by payleven through the software, which is needed for the payment process. payleven and the Merchant will handle, process and use this data in accordance with the Data Protection Act 1998 and EU Directive 95/46/EEC (as amended) regulations.
13.3 More detailed information about how we protect your data can be found in our Data Protection Policy available on our website.
14.1 Other than as expressly set out in this Agreement, you do not acquire any right, title or interest in or to the Intellectual Property Rights subsisting in the Services. For the purposes of this Agreement, “Intellectual Property Rights” means all inventions (whether patentable or not), design rights, database rights, copyright, moral rights, semiconductor topography rights, unregistered trade and service marks, logos, get-up and trade names and, in each case, the goodwill attaching to them, all registered intellectual property rights, know-how, and any rights or forms of protection of a similar nature and having equivalent or similar effect to any of them which subsist anywhere in the world.
14.2 You may not assign, sublicense, copy or distribute the Services or permit third parties to use the Services.
14.3 Except as permitted by law, you may not copy, adapt, reverse engineer, decompile, disassemble, modify, adapt or make error corrections to the Services.
You represent and warrant to us that: (i) you are at least 18 years of age; (ii) you are resident in the United Kingdom; and (iii) you have the legal right and full power and authority to enter into this Agreement and perform your obligations under it.
16.1.1 We reserve the right to amend this Agreement at any time and, unless the amendment is required sooner in accordance with applicable laws or regulations, we shall give you at least two months’ prior notice of any such change. The change will be notified to you through a message within the Application or by email. If you do not wish to accept any such change to the terms, you shall be entitled to terminate this Agreement during such period notice by notifying us in the conditions described under clause 15.3.1 of this Agreement. Your continued use of the Services following any such notice period shall be deemed to be an acknowledgement of your acceptance of the amended terms and conditions.
16.1.2 The latest version of this Agreement can be viewed on our Website. On your request, we will provide you with a paper copy of this Agreement.
16.1.3 The layout, form and wording of the website(s) or screens through which you access your payleven account, and the payleven account screens themselves, are subject to change by us at any time. We may make such changes without providing you with any prior notification.
16.2 Invalidity of Terms
If any provision of this Agreement is unenforceable in any way, this will not affect the validity of the remaining terms in any way. We may occasionally allow you extra time to comply with your obligations or decide not to exercise some of our rights. However, we can still insist on the strict application of this Agreement later on.
16.3.1 Statements, notices, disclosures and other communications to be given by us to you under this Agreement (including any changes to the terms and conditions of this Agreement) shall be made in English, in writing, by email or electronically through your payleven account. For the purpose of this Agreement, any notice in writing may be given by way of recordable electronic communication in text form unless we specifically require a document to be written on paper and/or signed.
16.3.2 You must maintain a valid postal address and email account for the duration of this Agreement. You must inform us immediately if you change the address or other contact information provided to us by you. We will not be responsible for any failure by you to receive a communication if we send it to the address or other contact information provided by you. Payleven will not bear responsibility if the sole email address specified by you is not valid or if you have changed your email address but have not notified us.
16.3.3 Any communication sent to you electronically to the last address you have given us for this purpose shall be deemed to have been received by you on the day the communication was sent, except when the sending of the communication results in an immediate error message. Communication sent to you by post shall be deemed received by you on the second business day after posting.
16.4 Customer Service
You can contact our Customer Service by sending an email to firstname.lastname@example.org or via our website or by calling +44 (0)20 7112 8211. You can also send written communication by post to Oxford House, 76 Oxford Street, London, W1D 1BS, however, we recommend that you communicate with us electronically.
16.5.1 Your payleven account is personal to you. We verify your identity in accordance with section 5.2. Therefore, you may not assign, novate or otherwise transfer any of your rights or obligations under this Agreement to any person without our prior written consent.
16.5.2 If we decide to transfer your account to another entity (for example within the corporate group of Payleven Ltd as part of a restructuring) we will only do so to an entity which has appropriate regulatory licences or authorisations. We will give you at least two months prior notice of this change. Clause 16.1.1 applies and you will be able to terminate your account if you wish.
16.6 Consumer Rights
16.6.1 If you are a consumer, as defined by the applicable laws of the jurisdiction in which you reside, you have the right to cancel this Agreement in writing at any time within two weeks from the time of entering into this Agreement or the date on which you have been communicated these terms and conditions, whichever is later. A termination shall not affect any transactions already processed and submitted to the Acquirer or the card schemes for settlement. You shall be entitled to a refund of fees except those fees which we have charged you for services provided up to the time of your cancellation.
16.7 Third Party Rights
A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement.
16.8 Entire Agreement
16.8.1 This Agreement constitutes the entire agreement between you and us and supersedes and replaces all previous drafts, agreements, arrangements and understandings between you and us, whether written or oral, relating to its subject matter.
16.8.2 We each agree that in entering into this Agreement we have not relied on, and shall have no remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in this Agreement.
16.9 Governing law and jurisdiction
16.9.1 This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) are governed by English law, except if you entered into this Agreement as a consumer, in which case mandatory local consumer protection laws may be applicable.
16.9.2 If you are a business customer eligible to contractually determine the venue for disputes arising out of or in connection with this Agreement, you agree that
16.9.3 Payleven Ltd is a payment institution authorised and supervised by the Financial Conduct Authority of the United Kingdom (the “FCA”) with FCA License number . The address of the FCA is 25 The North Colonnade, Canary Wharf, London E14 5HS, United Kingdom. It can be reached by telephone on (+44) 20 7066 1000 or via its website at www.fca.org.uk.
In case we have not resolved a dispute or complaint to your satisfaction, you may be able to bring a complaint before the UK Financial Ombudsman Service. You may contact the Financial Ombudsman Service by writing to The Financial Ombudsman Service, South Quay Plaza, 183 Marsh Wall, London E14 9SR, United Kingdom or by calling 0800 023 4567 (from the UK) or +44 20 7964 0500 (international). Information can also be found on their website at www.financial-ombudsman.org.uk.