1. AGREEMENT
  • 1.1 AGREEMENT WITH Gate2Payments ApS

The present terms and conditions apply to customer’s use and closure of Gate2Payments ApS (G2P) payment services as referred to herein. Together with our Privacy Policy, and any other terms and conditions referred therein, they represent the legal relationship between Gate2Payments and its customers (merchants). Use of additional services requires additional terms and conditions as notified during the ordering or using such services. It will appear from the order confirmation, which establishment fee and which monthly prices the customer should pay for each service at the time of ordering.

 

  • 1.2 PAYMENT AGREEMENT

The customer must enter into a separate payment agreement with Gate2Payments of the means of payment that he/she decides to use. Gate2Payments cannot commission the customer’s solution before he/she has entered into such agreement.
If it is the customer’s request, Gate2Payments can give guidance about application of payment agreement to the provider. Obtaining of a payment agreement is entirely the customer’s responsibility, and Gate2Payments is not responsible for obtaining of such an agreement. The customer is always responsible for payment of any cost related to the agreement with the provider.

The agreement between the customer and Gate2Payments enters into force, whether the customer obtains the payment agreement or not.

 

  • 1.3 ADDITIONAL SERVICES

If the customer wishes to obtain additional Gate2Payments services, he/she is requested to contact Gate2Payments. For such additional services, which are not agreed to at the same time as the current agreement, there will be a separate agreement established.

 

  1. THE SERVICES

 

  • 2.1 RECEPTION OF PAYMENTS ON THE CUSTOMER’S HOMEPAGE

Through the present agreement and by using Gate2Paymets’s payment system, the customer obtains the possibility of letting his/her own customers to pay online on his/her homepage.

Gate2Payments makes a technical gateway available to the customer concerning the means of payment, which the customer has chosen in connection with his/her order, and which appears from the order confirmation, just as Gate2Payments also delivers the additional services chosen by the customer. On Gate2Payments homepage the customer can, at any time, see which payment solution Gate2Payments supports, and which additional services Gate2Payments has to offer.

Gate2Payments is not responsible for the payments made by the customers to him/her happen on the basis of the payment agreement that the customer enters into with the provider of the means of payment in question

 

  • 2.2 DOMAIN (S)

The customer is entitled to create access to the payment system from domains that are included in his/her agreement. By logging into Gate2Payments homepage, the customer can enters or changes his/her domain.

Unless the customer has entered into another specific agreement with Gate2Payments, his/her agreement consists of one single domain. If the customer wishes to have access to the payment system from other domains, he/she is required to contact Gate2Payments. For each new domain, more than the first one, Gate2Payments will charge an additional monthly fee.

 

  • 2.3 CODE AND SCRIPTS

The customer must implement such a code him/herself on his/her own home page, which enables the customer to receive payment on his/her homepage via Gate2Payments’s payment system. Gate2Payments makes thorough technical documentation available to the customer. The customer can find this technical documentation on Gate2Payments’s homepage.
Gate2Payments makes a so-called “relay-script” available to the customer in connection with the entering into the present agreement. The customer is only entitled to use this “relay-script” on the pages where his/her customers enter card information, as well as on the “acceptance-page” and “decline-page”, see Gate2Payments’s above mentioned technical documentation. The use of the script on other pages is regarded as substantial violation of the agreement.

If the customer wishes assistance in the implementation of the code or the scripts on his/her homepage, such work can be done by an agreement and according to Gate2Payments’s current hourly price specific for this work.

 

  • 2.4 TESTING

After entering into the agreement with Gate2Payments, the customer is given a version test of the system and the procedure can be found on Gate2Paymnets’s “Getting started guide”.

The customer is obliged to put forward the information that Gate2Payments needs in order to test his/her payment form.

 

  • 2.5 STATISTICS

The customer, after entering into agreement, has access to his/her statistics through login function on Gate2Payments’s homepage and then login with his/her username and password.

On a daily basis, the applied exchange rates are collected on Denmark’s National bank’s homepage, but they are only indicative exchange rate.

 

  1. OPERATIONS

 

  • 3.1 UPTIME

At any time, Gate2Payments tries to have an uptime as high as possible. However, a specific uptime cannot be guaranteed, among others, due to the nature of the Internet. Gate2Payments’s uptime, measured over a month, is usually about 99, 8 %.

In order to ensure a high uptime, Gate2Payments is continuously maintaining and updating the used hardware and software. Such maintenance that can lead to downtime in shorter periods is, as far as possible, carried out during periods from midnight to 3 am. Gate2Payments will warn each customers about maintenance via email service in due time before the maintenance is carried out.

 

  • 3.2 OPERATIONAL SUPPORT

If the customer has subscribed to a business-membership – by contacting Gate2aPyments – he/she can get the telephone number to Gate2Payments’s operational surveillance, available to answer day and night all year round.

Customers with a business membership are entitled to contact Gate2Payments’s operational surveillance on the given telephone number when the payments are not carried out. If the customer is contacting the operational surveillance for another reason, the customer is charged DKK 850, 00 excl. of VAT.

 

  1. SECURITY

 

  • 4.1 ENCRYPTION

All transfers, in the payment system, of the customer’s credit card data from the customer to Gate2Payments as well as Gate2Payments’s storage of such data happen in encrypted form. Gate2Payments uses in this connection an SSL-certificate issued by GlobalSign. The validity of the SSL-certificate can, at any time, be verified on Gate2Payments’s homepage.

 

  • 4.2 BACKUP

Gate2Payments is performing daily backup of all servers and systems. The backup is carried out and stored according to the conditions for VISA/MasterCard’s PCI-certification. The PCI compliance requirements can be seen on VISA’s homepage.

If the customer loses data due to conditions that Gate2Payments’s is responsible for, Gate2Payments will assist the customer in re-establishing these data on the basis of the last functioning backup. The customer cannot make further claims against Gate2Payments regarding loss of data.

 

If the customer loses data due to conditions that Gate2Payments is not responsible for, including the customer’s own conditions, Gate2Payments will, including a separate cost, assist the customer in re-establishing the data from the last functioning backup to the extent possible. However, the customers are recommended to always make backups of their own data.

 

  • 4.3 PASSWORDS

In relation to the establishment of the present agreement the customer is given a username and password, which the customer must use to access the administration of his/her payment solution at Gate2Payments.

The customer should always keep his/her username and password confidential. If the customer suspects that a third party has knowledge of his/her password, the customer must immediately inform Gate2Payments about it.

Gate2Payments can make requirements to the length and complexity of the customer’s password, and can at any time discretionarily require that the customer change his/her password.

 

  • 4.4 ANTIVIRUS

All of Gate2Payments’s servers are equipped with an updated antivirus program.
The customer should ensure his/her computers with updated antivirus program. If Gate2Pyaments, at several occasions, receives virus or similar from the customer, Gate2Payments can interrupt the connection to the customer, and can also require that the customer installs and updates an antivirus program.

 

  • 4.5 CONTROL OF SECURITY

Gate2Payments’s IT-systems are certified and security approved according to the PCI-standard of VISA/MasterCard and undergoes a yearly IT-revision, performed by a recognized IT-security firm.

Quarterly, a recognized IT-security firm is performing scanning of Gate2Payments’s servers and network in order to increase security and avoid unauthorized intrusion.

 

  • 4.6 MISUSE ETC.

Gate2Payments tries to avoid any misuse of its services, but cannot guarantee that misuse or intrusion in Gate2Payments’s IT-systems cannot happen.

If the customer suspects a misuse of credit card data or Gate2Payments’s services, or that intrusion in Gate2Payments’s IT-systems has happened or will happen, Gate2Payments must be informed. Likewise, the customer must immediately inform Gate2Payments if he/she has been victim of misuse of credit card data or attempt to or actually intrusion of the IT-systems that the customer uses.

 

If Gate2Payments considers that the customer is misusing the payment system, violating the security regulations and guidelines issued by Gate2Payments or provider, or that misuse is happening from a domain belonging to the customer, Gate2Payments is without warning entitled to cease the customer’s use of the payment system or deny access to the payment system from the domain in question.

Gate2Payments disclaims any responsibility, if the customer has not complied with the security regulations and guidelines issued by Gate2Payments or provider, with whom the customer has made an agreement. Reference to the relevant security regulations and guidelines are stated in Gate2Payments’s ”Getting started guide”. In the guide it is also stated, where the security regulations and guidelines can be found.

 

  • 4.7 FORWARDING OF CARD DATA

The customer is not entitled to forward card data to own or third party’s servers, unless the payee, including the customer him/herself, is specifically PCI-certified.

If Gate2Payments discovers that the customer carries out such forwarding, will interrupt immediately the customer’s use of Gate2Payments’s services. The customer can only regain access to Gate2Payments’s services when he/she can demonstrate compliance with all legal requirements and PCI-rules for payees.

Gate2Payments is in such cases entitled to inform the relevant authorities and companies, including the providers etc., just as Gate2Payments can require that the customer inform specific authorities, companies or cardholders.

 

  1. LEGALITY ETC.

Gate2Payments complies with the at any time existing legislation for its firm and its services. Gate2Payments complies with the requirements from the related acquirers, VISA and MasterCard, and with the PCI-standard.

The customer is obliged to comply with the existing legislation, conditions imposed by the provider(s), with whom the customer has made agreement as well as the current conditions for payees in the PCI-standard.

Gate2Payments does not assume responsibility for the legality of the customer’s use of the payment system or the content of the data sent by the customer in connection with the solution. It is solely the customer’s responsibility to comply with legislation towards his/her own customers and third party.

The customer indemnifies Gate2Payments for any claim that third party or public authorities might rise against Gate2Payments in the case of alleged violations of third party rights or the customer’s violation of existing legislation or conditions imposed by provider. In the case of such requirements Gate2Payments is without warning entitled to hinder the customer’s use of Gate2Payments’s services.

 

  1. PRICES AND PAYMENT

 

  • 6.1 PRICE

The current prices for Gate2Payments’s services can be seen on homepage. The prevailing price, at the time of the customer‘s order of the services in question, also appears from the order confirmation sent to the customer. All prices are stated excl. of VAT.

Gate2Payments is entitled to change its prices with 3 months’ notice. The customer will be notified of an increase in prices by an email sent to the email address that was informed by the customer’s contact person. If Gate2Payments has given notice of price increases, the customer is entitled to terminate the present agreement with one month notice to expiration at the same time as the expiration of Gate2Payments’s 3 months price increase notice. If the customer has not terminated the agreement to the expiration at the same time as the expiration of Gate2Payments’s 3 months’ notice, he/she will be bound by the notified price increase.

 

  • 6.2 INVOICING

The customer is invoiced prior to a subscription period. Related to the first invoice, which is issued when entering into the agreement, the customer will also be invoiced for the establishing and other agreed services for the subscription period.

The invoice is sent to the customer by email to the email address informed by the customer’s contact person. The customer can also find the sent invoices by using his/her administration access to the payment system.

By using the customer’s administration access to the system he/she can also choose another invoicing method. Other invoicing methods can be charged with a fee.

 

  • 6.3 PAYMENT TERMS

Sent invoices are due for payment 8 days after the invoice date at the latest.
The customer can pay the forwarded invoices on Gate2Payments’s homepage by Dankort, Visa/Dankort, Visa, Visa Electron or MasterCard. Such payment is charged with the current transaction fee for online payment.

In the case of late payment Gate2Payments is entitled to charge interest of 1,5 % per month commenced of the whole due amount from the due date to payment is carried out.

At late payment Gate2Payments will forward reminders per email to the email address informed by the customer’s contact person, and reminders will also be sent by mail to the invoice address informed by the customer. In connection with the forwarding of reminders the customer will be charged a reminder fee of DKK 100,00 for each reminder.

If the customer still has not paid the due invoices 7 days after the forwarding of the first reminder by email, or Gate2Payments has sent its claim against the customer for recovery, Gate2Payments is also entitled to deny the customer’s use of Gate2Payments’s services until the customer pays Gate2Payments’s full amount due, including all recovery costs of Gate2Payments’s claim, e.g. recovery, interests etc.

If Gate2Payments sends its claim against the customer for payment, the customer is obliged to pay Gate2Payments’s costs hereof.

 

 

  1. SUPPORT AND COMMUNICATION

 

  • 7.1 CONTACT TO GATE2PAYMENTS ApS

We will communicate to you in English and will always accept communications made to us in English. In you prefer other language than English we support at the moment:

– Danish

– Lithuanian

– French

– Romanian

– Russian

– Spanish

The customer is entitled to free telephone support regarding his/her subscription and payment solution.

If the customer makes a request for support regarding conditions that are not included in his/hers subscription or payment solution, Gate2Payments is entitled to charge the customer for such a support at Gate2Payments’s current hourly price for such kind of support. Gate2Payments will inform the customer about such payment before the support is carried out.
Questions regarding the customer’s payments and his/her transfer of money must be directed to the appropriate provider, as Gate2Payments does not have access to this information.

Any questions that costumer has about the operation of Gate2Payments’s payment system; he/she can find answers of a large number of questions on Gate2Payments’s homepage.

If the customer does not find the answer on the homepage, he/she may contact us by calling: +45 70 70 74 08

Monday – Friday: 0900 – 1700

Saturday – Sunday: 0900 – 1600

You can also contact us by sending a message to Customer Service via the email “Contact Us” on our Website or contact@gate2payments.com.
Furthermore, if your enquiry is regarding technological questions, billing or invoicing, or the integration of your solution, please use the contact forms.

 

  • 7.2 CONTACT TO THE CUSTOMER

We contact our customers via email or phone. For this purpose you must at all times maintain at least one valid email address and phone number. In order to avoid any communication issues:

– The customer is required to check for incoming messages regularly and frequently;

– The customers is responsible of informing Gate2Payments of a change of address, email address or of other contact information;

– The customer must make sure that Gate2Payments is always in possession of at least one of the customer’s email addresses, which the customer is regularly checking for new emails;

– The customer is obliged to open emails from Gate2Payments in the customer’s spam filter if any;

The email address will be used by Gate2Payments, among others, to send invoices, information about the operation, etc.

The customer has, concerning the different subjects that Gate2Payments makes requirement about, the possibility of stating different contact persons and email addresses by logging onto Gate2Payments’s homepage.

The customer accepts that Gate2Payments is continuously sending emails regarding changes and news about Gate2Payments to the email address given by the customer. If the customer does not want to receive such emails he/she must inform Gate2Payments about it in writing or deselect such emails on Gate2Payments’s homepage.

Where legislation requires us to provide information to you on a durable medium, we will send you an email (with or without attachment) or call, where appropriate. Where legislation requires you to provide information to us, we will use the same communication channels.

 

  1. RIGHTS

Gate2Payments has all rights, including copyrights, to the code as well as other material that is made available to the customer in connection with the present agreement.

The customer only obtains a time-limited, non-exclusive user right for the code and other material made available to him/her, and is not entitled to copy the code or other material to a larger extent than necessary, in consideration of the use that the present agreement is providing.

The customer’s usage of the code and other material made available to him/her is always conditional on timely payment of any outstanding to Gate2Payments.

The customer’s violation of these rights is considered a substantial breach of the agreement.

 

  1. RESPONSABILITY

The parties are responsible to each other according to the general rules of Danish law.
In case of an unauthorised payment or a payment that was incorrectly executed due to an error by us, we shall at your request immediately refund the payment amount including all fees deducted therefrom.
Liability to pay damages to the customer, regardless of the degree of negligence, including liability for accidental damage, can never exceed an amount equal to the fee for the last 12 months paid by the customer to Gate2Payments before the damage occurred, and Gate2Payments cannot be held accountable for the customer’s indirect losses, including but not limited to; loss of earning, lost profit, lost goodwill or other business-related losses, e.g. losses suffered by third party, loss of data and other consequential damage. The disclaimer also applies to product liability to the extent not precluded by invariable laws.

 

 

  1. FORCE MAJEURE

No party can be held accountable for non-compliance of the agreement or damage suffered by the other party as a direct or indirect consequence of the party suffering from force majeure. Force majeure is among others, war, mobilization, natural disasters, strike, lockout, fire, damage by water, trade restrictions, virus or hacker attacks, breakdown or failures of communication systems, blackout, subcontractors’ force majeure as well as other unforeseen circumstances, which the party in question could not prevent by fulfillment of reasonable efforts.

 

  1. THE AGREEMENT’S ENTRY INTO FORCE AND TERMINATION

 

  • 11.1 THE AGREEMENT AND THE SUBSCRIPTION’S ENTERING INTO FORCE

The agreement between Gate2Payments and the customer enters into force immediately at the conclusion and runs until subscription period ends.

However, the customer’s subscription only enters into force, when Gate2Payments receives the customer’s payment agreement, see item 1.2, but not later than 60 days after entering into the agreement.

Unless otherwise specifically agreed between the customer and Gate2Payments the subscription period is 12 months.

If a customer has specifically agreed to a shorter subscription period than 12 months, and it has been necessary for Gate2Payments to remind payment of a sent invoice more than once, it will not be possible to agree to a shorter subscription period than 12 months.

 

 

  • 11.2 AUTOMATIC RENEWAL OF SUBSCRIPTION

Unless the customer has ended the agreement with Gate2Payments, see item 11.3, or it has been otherwise terminated; a new subscription period starts when the previous subscription period ends.

 

 

  • 11.3 TERMINATION

Each party can terminate the agreement in writing with one-month prior notice to the end of the subscription period.

If the customer wishes to terminate the agreement, he/she is recommended to log onto Gate2Payments ‘s homepage and select ”Terminate subscription.” under the menu point “Invoice”. Gate2Payments will confirm the customer’s termination by email on the email address given by the customer’s contact person. Alternatively, the customer can send a written termination to Gate2Payments.

 

  • 11.4 REPEAL

If one of the parties is substantially breaching his/her obligations according to the present agreement, and that the breach has not been remedied, at the latest, 14 days after the non-breaching party has sent written claim hereof to the breaching party, the non-breaching party is entitled to repeal the agreement for the future.

A substantial breach is, among others, missing or late payments.

 

 

  • 11.5 RIGHT TO REPENT

As a business professional the customer has not the right to repent regarding the entered agreement.

 

  1. PRIVACY, PERSONAL DATA, ETC.

 

  • 12.1 CONFIDENTIALITY

The parties are obliged to keep confidential any information brought to their knowledge about the other party or his/her conditions related to the carrying out of the present agreement, including the content of the present agreement.

 

  • 12.2 PERSONAL DATA

To the extent that personal data is treated on behalf of the customer regarding the present agreement, Gate2Payments and Gate2Payments’s subcontractors, if any, only act on instructions from the customer. Gate2Payments installs the necessary technical and organizational security measures against that information accidentally or illegally is destroyed, lost or degraded and against that it is brought to unauthorized knowledge, is misused or otherwise treated contrary to the privacy policy.

Gate2Payment must at the customer’s request give the customer sufficient information so that the customer can supervise that such technical and organizational security measures have been installed. The customer bears all costs in this connection, including for Gate2Payments’s time use.

 

  • 12.3 COMPETING BUSINESS

The customer is not entitled to use Gate2Payments’s services to do business in competition with Gate2Payments, unless this is specifically agreed.

Nothing in the agreement hinders that Gate2Payments ApS do business in competition with the customer. Thus, Gate2Payments ApS are entitled to do any form of business, regardless that it is competing with the customer’s business.

 

  1. TRANSFER

The customer is not entitled to transfer rights and obligations to third party regarding the present agreement without Gate2Payments’s written consent.

Gate2Payments is entitled to entirely or partly transfer its rights and obligations to third party regarding the present agreement.

 

  1. CHANGES

Gate2Payments is at any time entitled to change specifications for the payment system, just as Gate2Payments, at any time without notice, can change security rules and guidelines, if, after Gate2Payments’s estimation, it is necessary or appropriate for security reasons.

Such changes will be notified on Gate2Payments’s homepage, and Gate2Payments will also send a service email informing about the change to the customer. Gate2Payments will try to give a time limit before the change enters into force, but cannot guarantee this.

At any time Gate2Payments can change the present terms and conditions with 3 months’ notice. A change of the terms and conditions will be notified on Gate2Payments’s homepage, and Gate2Payments will also send a service email to the customer informing about the change. If Gate2Payments has notified changes of the terms, which are to the customer’s disadvantage, the customer is entitled to terminate the present agreement with one month notice to expiration at the same time as Gate2Payments’s 3 months change notice. If the customer has not terminated the agreement to expiration at the same time as Gate2Payments’s 3 months change notice, the customer will be bound by the changed terms.

 

  1. DISPUTES

Any dispute between Gate2Payments and the customer concerning or arising from the present terms and conditions must always be decided upon by Danish law – with the exception of Danish legal rules on choice of law and venue – under Gate2Payments’s home jurisdiction in Denmark.