- 01. Contract partners, legal basis, object of agreement, general terms and conditions for end customers
02. Service description
03. Payments, customer account
04. Membership income and recurring subscriptions
05. Cancellation of customer account
06. Copyright, technical availability
07. Data protection
08. Other service conditions
09. Warranty, liability and disclaimer
10. Applicable law and legal disputes
12. Severability clause
1. Contract partners, legal basis, object of agreement, general terms and conditions for end customers
- A contract partner is a natural or legal person (hereinafter referred to as the 'Customer') and PayCific International AG (hereinafter referred to as 'PayCific') is a company entered in the register of companies of the Canton of Schwyz, Switzerland, under VAT No. CHE-115.882.723, with its officially registered offices at Firststrasse 29, CH-8835 Feusisberg, Switzerland. PayCific offers, in accordance with current Swiss legislation and the regulations and requirements of the Swiss Financial Market Supervisory Authority (FINMA), in accordance with Art. 2 Para. 3 AMLA (financial intermediaries within the meaning of the Anti Money Laundering Act), a payment, recourse-factoring and communication system and similar services on the 'World Wide Web' digital data network, via which so-called end customers can be billed for different types of internet services using a variety of payment methods. The legal basis for the above is the FINMA 2011/1 Circular (Financial Intermediation under the Anti-Money Laundering Act - Debt Collection Activities in accordance with Section 1, Paragraph 2 (B) of the Ordinance on the Professional Practice of Financial Intermediation (OPPFI)), issued by the Swiss Financial Market Supervisory Authority, which became effective on 1 January 2011 - Trade financing (factoring) under Art. 3 letter. i GwV.
- PayCific International AG and the Customer are the only parties with the legal right to make a claim arising from these General Terms and Conditions for Customers.
- The PayCific online payment system is operated and marketed by PayCific International AG, Firststrasse 29, CH-8835 Feusisberg, Switzerland. PayCific International AG provides merchants / sellers and their end customers with a comprehensive payment service for the simplification of electronic payment transactions on the internet.
- Customers are generally buyers of goods, digital content and / or services billed by merchants / sellers via the PayCific online payment system. The object of the agreement between the Customer and PayCific is the legally binding electronic processing of a payment transaction on the internet.
- An essential requirement for a purchasing transaction via the PayCific payment platform is that the Customer should agree to abide in full with the General Terms and Conditions (hereinafter referred to as 'General Terms & Conditions for Customers'), which thus become an integral part of the legally binding agreement between the two parties. PayCific expressly reserves the right to amend the General Terms & Conditions for Customers at any time and / or to modify or supplement them. The Customer can view the latest version of the General Terms & Conditions for Customers on the PayCific website, and must expressly accept them before initiating a payment transaction in the PayCific payment window. By accepting the General Terms & Conditions for Customers, the Customer waives the right to be notified about them in writing. Any amendment to the General Terms and Conditions for Customers will be regarded as having been acknowledged to be legally binding, contractually accepted and agreed by the Customer once it makes a legally valid payment via PayCific. If the Customer should not agree in full with one or several amendments, it is obliged not to make any electronic payments via the PayCific platform.
2. Service description
- Merchants / sellers who accept PayCific as the electronic payment system for their online products shall fully cede their receivables due from the Customer as a result of purchase transactions to PayCific. PayCific International AG enables the Customer to make electronic payments for goods purchased, digital content and / or services via the PayCific online payment system. PayCific is thus expressly authorised to bill, in its own name and for its own account, for receivables due from the Customer, and to collect the purchase price due or debit the appropriate account, depending on the means of payment selected.
- PayCific shall process all payment transactions initiated by the Customer on the service provider's website, and which form the basis for the purchase of goods, digital content and / or services, as separate orders that constitute an exclusive contractual relationship between the website provider and the Customer. PayCific shall only provide the Customer with the online payment platform and possibly the software for the individual payment procedures at the request of the online service provider.
- PayCific shall generally not take any responsibility for goods ordered on the website, its digital content and / or services. PayCific shall not accept any liability or guarantee of any kind in respect of the goods, digital content and / or services purchased from the merchant / seller by the Customer. Moreover, only the service provider shall be responsible for all product and content descriptions on its own website. When goods are purchased, PayCific shall not assume any responsibility for damaged, lost or faulty items. Any complaints are to be directed only to the operator and / or service provider or customer services department of the online offering and not to PayCific.
3. Payments, customer account
- All purchasing transactions or bookings initiated by the Customer's chosen payment system via the PayCific payment platform will appear on the corresponding Customer invoice or statement under the name paycific.com. Depending on the choice of payment system, additional information may also appear on the invoice or statement. In each case, this will depend on the conditions and regulations imposed by the payment system provider as a basis for making payments. After each successfully completed booking, the Customer shall receive an e-mail from PayCific to confirm the purchase and once again referring to the debit text that will appear on the bank or credit card statement.
- All online payments will be debited automatically after completion of the relevant booking process, or on the following day at the latest. The payment method selected by the Customer will be the determining factor. A debt collection procedure against the Customer will be directly initiated for any unpaid or reversed amounts, with PayCific separately billing the costs and expenditure incurred. If a payment is not completed or is reversed, the Customer shall immediately be deemed to be in arrears, without any separate reminder being required. This shall also apply if a payment cannot be processed for reasons for which PayCific cannot be held responsible. Chargeback expenses will also be calculated if the chargeback is due to a justified complaint, but the Customer has not made use of the PayCific support service to reverse the transaction and / or to clarify the circumstances.
- PayCific is entitled to cede claims to third parties and entrust debt collection to a debt collection agency if it considers this to be necessary. Moreover, PayCific also reserves the right to inform credit information services (e.g. SCHUFA / Creditreform etc.) about the relevant events and its experience with the Customer.
- In the event of a justified complaint, PayCific shall initiate a reversal of the purchase price. The credit will be assigned to the account used for the original payment or to the Customer's credit card. In either case the Customer is obliged to approach only PayCific with any complaints related to the payment transaction. Relevant contact information can be found on each payment confirmation and on the website (www.paycific.com).
- Moreover, PayCific enables the Customer to open and then maintain a so-called customer account. A customer account may be opened during a payment process, but this is not essential for making payment on a website. It merely serves to simplify payments via the PayCific payment platform. However, no amounts may be paid into the customer account, nor any credits temporarily stored there, if this could be considered to be so-called 'e-money' as per the definition in statutory regulations.
- The basic premise is that it is strictly prohibited to provide any incorrect, inaccurate, incomplete or misleading data for any payment transaction or when opening a customer account. Moreover, no names, bank accounts or credit card data may be provided if the Customer is not legally entitled to use them. PayCific expressly states that any unauthorised payment transactions, or the opening of customer accounts with incorrect or stolen data, will be brought to the attention of the police by PayCific immediately after it becomes aware of this, and will result in prosecution. The Customer must ensure that the data it provides during payment or registration is always accurate.
- During the payment or registration process, the Customer shall choose a personal password that it shall use, among other things, to gain access to the customer account, provided that the necessary verification has taken place. It is obliged to keep the password strictly confidential and not to pass it on to third parties. The Customer is obliged to report the loss of any access data without delay. The Customer is fully and solely responsible for the unauthorised use of passwords. The password can be amended in the account area at any time.
- PayCific account holders can use their e-mail address and a personal password to pay or initiate a payment process with any merchant / seller who accepts PayCific as an online payment system. Depending on the products on offer, the payment mode options may be restricted.
- In addition, PayCific shall provide each Customer with an online account area. This can be used to view and verify all payments made by obtaining a virtual account statement in real time. It is also possible to manage the payment modes, current subscriptions and personal data.
- Immediately after a successfully completed payment process, or after registering on the PayCific website, the Customer can make full use of the customer account, provided that the mandatory verification process has been carried out. The Customer shall automatically receive an activation link from the system by e-mail for this purpose.
4. Membership income and recurring subscriptions
- Where PayCific has undertaken to manage member access and subscriptions for specific online services at the request of a service provider, PayCific shall provide the Customer with an online customer account and a real-time list of all subscriptions. However, PayCific cannot be held liable in the event of the non-availability of services purchased. Subscriptions may be cancelled at any time in the PayCific customer account area at the click of a mouse.
- When booking an online service using a protected member area, the Customer selects a so-called user ID (e-mail address) and password. This data then becomes the Customer's access data. If the Customer should also proceed with the verification of the provisionally opened customer account, it can then use this data to log into all other services it has purchased. The Customer can either choose to view the services directly from its account area or go to the service provider's website and log in from there. The password can be amended in the account area by the Customer at any time.
- A cancellation button allowing the Customer to cancel a previously booked project is also provided in the PayCific customer account area, as well as at all access gates. For security reasons, cancellations of PayCific support services will not be accepted in person.
5. Cancellation of customer account
- The Customer can cancel its customer account by clicking on the 'Cancel account' option. PayCific also reserves the right to cancel the agreement with the Customer at any time without providing reasons or giving notice, and to close the Customer's account with immediate effect. In particular, the aforementioned right shall apply if there is due cause for taking such a step. For example, if current laws or statutory regulations have been violated; in the event of a violation of the General Terms and Conditions for Customers; if there are reasons to suspect that the account has been used with stolen credit cards or bank accounts (e.g. the relevant bank or credit card provider has expressed their suspicions in this regard); in the event of fraudulent use of the payment chargeback option offered by the bank or credit card institute; if a payment is reversed due to insufficient funds in the bank account etc.
6. Copyright, technical availability
- The entire design of the website, texts, graphics, layout and composition, as well as all of the associated copyrights, are the property of PayCific International AG. The utilisation, copying, modification or dissemination of this material without the express prior written authorisation of PayCific is strictly prohibited. The same also applies to any programmes or software made available by PayCific. The Customer shall be granted a time-limited right of utilisation, which shall automatically expire with the termination of the agreement, without this requiring a specific cancellation. It is expressly prohibited to cede utilisation rights to third parties.
- PayCific shall provide the best possible availability of all services in accordance with the technical circumstances. This does not include times in which the service cannot be provided as a result of technical difficulties. In addition to other causes, this includes in particular force majeure, culpability on the part of others etc. PayCific may limit access and / or services if the security of its network operations, the maintenance of network integrity, particularly the avoidance of serious network interruptions, data transmission, the software or the saved data should require this.
- All periods stated and times calculated will be based on Central European Time (CET).
7. Data protection
- The Customer notes and agrees that the data it transmits shall be stored and processed in accordance with current data protection laws and regulations, using electronic data processing systems. The data shall only be used by PayCific for internal purposes and for the purposes of billing the payment transactions ordered by the Customer, but may not be forwarded to unauthorised third parties.
- Where PayCific cedes any of its substantiated claims, data release will take place subject to the condition that this agreement shall also be recognised by third parties acting in the capacity of agents. PayCific is entitled to obtain information from business information agencies and from the General Credit Protection Association (Schufa) and to send data to this association in the event of a contract violation or unauthorised use of the PayCific payment system.
8. Other service conditions
- The Customer shall be solely responsible for all instructions it gives to PayCific. For the aforementioned reason, the onus shall not be on PayCific to check payment instructions for content errors.
- If the Customer and the merchant should enter into a dispute regarding a transaction, PayCific shall under no circumstances become involved, except to confirm that the payment was carried out in a specific manner and as ordered by the Customer.
9. Warranty, liability and disclaimer
- The Customer undertakes not to violate these General Terms and Conditions for Customers and not to make use of the PayCific online payment service for illegal purposes or for the purposes of criminal activities. If the Customer should find suspicious content or activities taking place on the website of a merchant / seller, it is obliged to report this immediately to the PayCific Support Team. After investigating the circumstances, PayCific shall report all suspicious activities on the website of a merchant / seller or on a customer's account to the appropriate prosecuting authorities. PayCific also reserves the right to carry out preventative steps for the purposes of identification, and to close the customer account or refuse to carry out transactions if there is reason to suspect that a customer account is being used for the aforementioned purposes, that there is an intention to use it in this manner, or if the state authorities order that such steps be taken. In the aforementioned cases, PayCific shall claim appropriate damages, with the originator being billed at the hourly rate of EUR 200. The originator shall also be billed for any costs incurred in respect of legal representation, court costs etc.
- The Customer shall only be entitled to open a customer account once it has ensured that opening and using such an account in its country of residence does not violate any existing laws. The Customer undertakes to ensure that its use of the services offered by PayCific does not breach any laws or ordinances of which it is aware, either intentionally or unintentionally, and indemnifies PayCific against any third-party liability claims resulting from the use of the system in violation of the law and/or this agreement.
- PayCific does not guarantee that the Customer shall be able to access the PayCific website at any time and then use the services offered there, as the availability of the website may depend on circumstances beyond the control of PayCific. With regard to availability, PayCific shall not be liable for software errors or for damage caused by faulty data transmission. This also applies when faulty software has been found to cause damage.
- The services of PayCific are limited to providing the Customer with an electronic payment facility and do not involve an investigation of the quality, security or legality of the transactions carried out by the merchant / seller and / or Customer. PayCific shall not be liable for agreements (the execution of purchasing contracts) between the person ordering a transaction (Customer) and the payment recipient (merchant / seller). In addition, PayCific shall not be responsible for the payment of fees, taxes or other deductions with regard to the transactions undertaken between the Customer and the merchant / seller.
- The Customer undertakes to indemnify the company against all liability and other claims by third parties resulting from the contractual or illegal use of the services by the Customer.
- Any liability and claims for damages of whatever nature, irrespective of their legal basis, shall be limited to the value of the order, up to a maximum of EUR 300. This also applies to any liability resulting from a statutory obligation.
10. Applicable law and legal disputes
- In the event of complaints of any kind, the Customer shall first contact PayCific Customer Services, and constructive attempts will be made to find or develop a solution that is satisfactory to both sides.
- Both the Customer and PayCific agree to handle any complaints and legal disputes entirely confidentially and in secret under all circumstances.
- This agreement and any obligations resulting from it shall be subject to the substantive, procedural and valid laws of the Swiss Confederation. In the event of a difference in opinion, an amicable solution should be sought before the case is brought to court. If, however, a judicial procedure cannot be avoided, Feusisberg (Switzerland) will be deemed to have been agreed upon as the sole place of jurisdiction.
- PayCific will send any communications for the customer to the e-mail address used by the customer at the time of payment or when opening the customer account. The customer can send communications to PayCific Customer Services ([email protected]) at any time. Any communication sent by e-mail will be deemed to have been delivered on the date of dispatch, unless the sender receives an electronic notification that the e-mail could not be delivered.
- Any secondary agreements, amendments or additions must be in writing to be deemed legally valid. The condition of the written form shall be deemed to have been met if an e-mail is sent to the last known e-mail address provided by the Customer. The e-mail shall be deemed to have been delivered to the Customer when dispatched.
- The Customer may only cede its rights and obligations resulting from its contractual relationship with PayCific to a third party with the express written approval of PayCific International AG.
12. Severability clause
- If any of the clauses of this agreement, or any of the clauses incorporated at a later stage, should be found to be legally invalid or not practicable, either in whole or part, or if they should lose their legal validity or practicability at a later stage, this shall not affect the validity of the other provisions of this agreement. The same applies if it should be found that the agreement contains a legal loophole. An appropriate provision should be found to replace the invalid or impracticable clause, or to fill in the legal loophole, that most closely approximates, as far as legally possible, what the parties wanted or would have wanted in accordance with the meaning or purpose of the agreement, had they considered this aspect when concluding the agreement or when incorporating a clause at a later stage.