Terms and Conditions
1. The product
1.1 PayGate is a web application offering ready to use integration with MobilePay Subscriptions – a payment product offered by MobilePay. PayGate provides the data and security necessary for the customer to use the MobilePay Subscription product, including the creation of MobilePay Subscription agreements.
The customer makes a redemption agreement with MobilePay. PayGate does not receive payment or receive any of the subscriptions paid through the MobilePay Subscription product. PayGate service is ‘data processing’. Payment for this service is paid separately from MobilePay.
2. PayGate obligations
2.1 PayGate undertakes, at all times, to comply with the terms set by MobilePay for MobilePay integrators.
2.2 That we are integrated with MobilePay and can provide the data requested by the Merchant as long as this data originates from MobilePay.
2.3 Provide support to the Merchant within PayGate’s normal business hours and in accordance with their general business conditions.
2.4 The market for payment platforms is constantly changing. If the Merchant wants its members/subscribers migrated to another MobilePay Subscription payment platform, then PayGate assists the Merchant with this process and ensures that the Merchant does not lose data.
2.5 PayGate ensures that data delivered to the Merchant is in accordance with GDPR.
2.6 PayGate undertakes to give the Merchant access to agreement and payment data provided by MobilePay to PayGate, which has received the data on behalf of the Merchant.
3. The Merchant’s obligations
3.1 The Merchant undertakes to comply with applicable anti-money laundering regulations.
3.2 The Merchant undertakes to comply with the regulatory requirements for personal data including GDPR.
3.3 The Merchant hereby authorizes PayGate to send/receive data to/from MobilePay on behalf of the member/subscriber.
3.4 The Merchant undertakes to comply with the terms set by MobilePay.
4. Payment terms
4.1 PayGate charges fees for using its service. These are individually agreed with the Merchant, but include one or more of the following: setup fee, monthly fee, transaction fee and SMS fee.
4.2 MobilePay charges a monthly fee for the use of MobilePay Subscription, as well as a fee per transaction. It is up to the Merchant at all times to keep up to date with what prices MobilePay takes per day/ transaction. This cannot be paid to PayGate.
4.3 PayGate and MobilePay bill their services separately, as per the Merchant’s individual agreement with PayGate and MobilePay. Therefore, payments to MobilePay cannot be made to PayGate and vice versa.
4.4 The amount of transactions completed is paid monthly by invoicing backward.
4.5 PayGate may make price changes with 3 months’ notice.
4.6 Failure to pay will occur if an invoice has not been paid within 8 working days of receipt. Significant failure will occur here if no payment is made after 2 claims.
5. Limitations in the agreement
5.1 PayGate only processes data handled through the PayGate platform. Any other data provided by MobilePay to the customer will not be processed by PayGate.
5.2 PayGate is not responsible for agreements that have not been made through PayGate.
6. Intellectual property
6.1 The full ownership of the data is the Merchant. However, the Merchant’s ownership cannot be extended over the platform.
6.2 The Merchant has the right to market his new payment option at any time.
6.3 The Merchant may not present PayGate as his own invention, product, etc.
6.4 The Merchant can at any time ask PayGate if they would like to help with the marketing of the platform, PayGate is not obliged to say yes, but if PayGate does, PayGate has the opportunity to take payment for assistance with the development of marketing material.
7. Limitation of Liability and Force Majeure
7.1 Force Majeure is hereby deemed to be an act that is beyond the control of the parties and which, therefore, prevents the parties from fulfilling their obligations under this contract.
7.1.1 Force Majeure is considered to be the cessation of the MobilePay integrator scheme, failure in the API MobilePay delivers, crashes on the servers at Mobilepay, other quickly occurring events that make it impossible to fulfill the contract. The list is not exhaustive.
7.2 PayGate considers Force Majeure to be beyond the reasonable control of both parties, and therefore neither party to this agreement can be held liable for any loss suffered by this event. The event must be sustained for more than 1 week for Force Majeure to take place.
7.3 PayGate does not consider itself responsible for a party’s incorrect use of the PayGate platform, as the user of the Platform may at any time contact PayGate during regular office hours and request support or other assistance with the general use of the Platform.
8. Nature and scope of the cooperation
8.1 PayGate makes the platform available to the Merchant , which means that the Merchant has the opportunity to access payment and membership data in the PayGate platform, however, limited to the data PayGate platform processes.
8.2 The Merchant has the opportunity to receive technical support from PayGate within normal office hours.
8.3 PayGate grants the Merchant access to PayGate platform where the Merchant can then create other users for the control of members/subscribers, assign different rights so that the Merchant can monitor activity on the platform internally.
9. Changes in Terms and Conditions
9.1 Changes in Terms and Conditions cannot be made without prior notice to the Merchant.
9.2 Prior notice to the Merchant must be given with a minimum of 3 months’ notice.
9.3 There are no restrictions on which terms PayGate can choose to make changes. In case of significant changes, PayGate will always be in dialogue with the Merchant before they are made.
10. Other provisions
10.1 Any disagreements between the Parties which may arise in connection with the Agreement and which cannot be settled by mutual agreement shall be settled by an arbitration set up by PayGate in accordance with applicable Danish law.