Terms and conditions for the payment gateway

These general terms apply to all Merchants who receive card payments via pensopay.

Definitions

Merchant
The physical or legal party to this agreement who has entered into an agreement with pensopay to receive card payments.

Card Holder
The person (the merchant’s customer) to whom a card is issued.

Card
Payment card covered by this agreement, typically from Visa or MasterCard.

Merchant Agreement
The document stating prices and other terms of business between the merchant and the acquirer. 

Card Scheme
Visa and/or MasterCard.

Acquirer
Payment institution with license by the Danish FSA and Principal member of Visa and MasterCard. The acquirer handles the payment from cardholders to merchants.

PSP
Payment Service Provider, is the supplier of the payment gateway thus the technical liaison between acquirers and webshop of the Merchant. Pensopay is an example of a PSP.

Payment Gateway
Software that acts as technical liaison between acquirers and webshop of the merchant. The Payment Gateway Service is PCI (Payment Card Industry) compliant.

The following conditions apply from January 1st 2015. The current prices and price structure can be changed at any time with a 30 days notice. 

1. pensopay’s Service

Creating an account at pensopay enables the business to receive online payments on the internet.

pensopay’s payment gateway is approved by the acquirer and all transactions between the payment gateway and the acquirer are encrypted. 

2. Operation and Uptime

pensopay strives to ensure that payment over the Internet can take place 24 hours a day, all year round, and maintains the highest security procedures. pensopay is using an infrastructure that is required to be PCI certified at any time.

pensopay is not responsible for malfunctions, but will try to correct any errors as quickly as possible.

In case of maintenance and/or technical changes, but not limited to, pensopay is entitled to suspend the service for shorter periods of time.

2.1  PCI-DSS
pensopay will make reasonable efforts to provide the services in a manner consistent with PCI-DSS requirements that apply to pensopay.

3. The Responsibilities of the Merchant

The merchant is responsible for the software in their online stores, ensuring payment transfers can be made through pensopay. pensopay accepts no responsibility for the modules and/or shop-integrations, which are made available free of charge.

Each merchant is responsible for ensuring that payment transfers comply with applicable laws including the rules and guidelines laid down in payment card legislation, registration regulations, and consumer protection.

The merchant can make agreements with other acquirers (than pensopay endorsed acquirers) on the use of payment card systems, and accordingly pensopay is not responsible for the pricing and terms of these acquirers. As such the acquirer agreements between the merchant and this acquirer are exclusively agreements between these two parties. 

The Merchant is obligated to comply with the rules and guidelines stipulated by pensopay and is obligated to give notification of any irregularities in operation, including any systems suspected to have been compromised by a third party.

pensopay will not be held liable for losses suffered by the user should other people gain access to the user’s password, login information, etc., or if any customers require refund of payments made over the internet, regardless of objections the card holder/user might make.

A merchant may not make any claims against pensopay due to interruption of service, regardless of the cause.

4. Rights

pensopay is entitled, without prior notice, to assign its obligations under these General Conditions to a third party.

pensopay owns the right of use regarding the software used by pensopay for transfers under these General Conditions, and both parties must maintain absolute confidentiality with regard to information concerning the other and/or third party, which they may be aware of.

The customer shall only be granted a limited, non-exclusive right to use the service pensopay provides.

The customer’s right to use the code provided and other materials is subject to the timely payment of any amounts due to pensopay.

Violation of these terms is considered a material breach of agreement.

pensopay has the right, during the contract period, to use the customer’s trade names for reference, including in marketing material. The customer may give pensopay instructions for such use. If the customer expressly objects to his details being used for reference, pensopay will be obligated to abide by the customer’s wishes.

5. Commencement and Termination of the Agreement

The agreement between pensopay and the merchant is effective immediately upon subscribing, and will remain active until terminated by either party.

In the event of a material breach either party shall be entitled to terminate the agreement.

In the event of any breach of these General Conditions, particularly involving applicable laws and governmental regulations, pensopay is entitled to discontinue the merchant’s connection immediately.

The current prices and pricing structure may be changed at any time with three months given notice.

Merchant can cancel the agreement on a monthly basis. Please contact us on phone +45 77 344 388 in order to do so.

The termination will be effective by mutual confirmation by email.

Please notice that a cancellation by phone alone is not valid. This is to validate merchant ownership and validate that the correct agreement is terminated.

5.1 Automatic Subscription Renewal

Unless the customer has terminated the contract with pensopay, or the contract is terminated in any other way, a new subscription period will begin upon expiration of the current subscription period.

Generel terms

1. Cookie & Privacy Policy

When you visit pensopay.com we use cookies to collect information about all visits to our website. We use this information to improve your user experience, evaluate the use of the individual elements of pensopay.com and to support our marketing.

The collection of personal customer information on pensopay.com takes place within the framework of existing legislation and EU General Data Protection Regulation (GDPR) legislation.

pensopay.com automatically detects the IP address and data when you move between different pages and services on the website.

In this context we use various analysis tools such as Google Analytics, which assist us in collecting statistics on the use of pensopay.com to create a better experience for you.

In order to use the service of pensopay need relevant information concerning the merchant:

Company name, and registration number (CVR, VAT). Anti-money Laundry Law demands that company owners (>24,99%) need to register with the following; Name, Personal number (CPR or Social Security number), Address, Phone number, e-mail, Picture and Address ID .

Personal data is stored encrypted for 5 years. pensopay stores data with the sole purpose to deliver the service of pensopay to the merchant and comply with Anti-money Laundry Laws.

2. Rights of Merchants

You have a number of rights under the applicable legislation that we can help you with. Your rights include the following: 

  • You have the right to access the personal data processed about you along with the purposes of the processing and information on any transfer of your personal data to any third countries. 
  • You have the right of rectification of your personal data. 
  • In some instances, and under certain conditions, you have the right to have your personal data deleted.
  • In some instances, and under certain conditions, you have the right to restrict the processing of your personal data. 
  • You have the right to data portability of some of your personal data. 
  • If we ever process personal data about you based on your consent to do so, you have the right to withdraw such consent at any time after which we will delete your personal data collected on the basis of your consent. 

In order to be compliant with GDPR an appendix can be found here.

All employees have access to merchant information

The data responsible is Pierre Rindsig.

3. Acquirer Agreement

If an acquirer agreement is chosen via pensopay this will be forwarded when the acquirer has approved and registered the company. The acquiring agreement will be sent by email together with the general conditions. 

We recommend that this be read carefully. Should this not live up to the expectations, you must contact pensopay or the acquirer within 3 banking days. 

4. Other Matters

By creating an account with pensopay the merchant gives his or her consent to be contacted by pensopay per email, letter, telephone or other relevant means of contacting the merchant.

Neither party is entitled to disclose information to any other third party about the agreement or its contents. pensopay shall be entitled to disclose information about the agreement and the merchant to the acquirer and the Card Schemes.

pensopay may send legally binding messages to the Merchant.

Furthermore the merchant will receive information by mail regarding the operation of the pensopay services, for instance settlement dates, system updates and operation status. pensopay recommends customers to follow https://status.pensopay.com.

If the merchant requests extra-ordinary assistance of pensopay in regards to the integration of the payment gateway into supported webshop-systems, pensopay will not be liable to any malfunctions of the webshop. pensopay has no obligation to make webshop-integrations.

The merchant cannot raise claims against pensopay for damages, including lack of revenue due to system crashes or errors. The Merchant is encouraged to maintain adequate backup systems and keep the webshop plugins updated.

Disputes shall be settled by the Court of Aarhus under Danish law.