Terms of Provision and Use of EveryPay System and Services
LAST UPDATE: 08/2024
The Terms and Conditions (hereinafter referred to as ‘Terms of Use’, , as set out below, constitute a contract between the company ‘EveryPay Payment Services Single Member Société Anonyme’ (hereinafter: ‘EveryPay’ or ‘the Company’ or ‘We/Us) and you (hereinafter: ‘the Customer’ or ‘You’) and govern your access to and use of the website www.EveryPay.gr and the Services made available through it.
If you disagree with any or all of the terms of use, please refrain from using www.EveryPay.gr website and the Services made available through it. If you have already used them, please cease doing so immediately. If you do access our website www.EveryPay.gr, engage in transactions or use our Services, you are deemed to have given your consent and unconditional acceptance of the terms set out below. Completing the process necessary to access the EveryPay system automatically means your unconditional acceptance of the terms.
EveryPay (TAX ID NO.: 800509341 ATHENS TAX OFFICE FOR COMMERCIAL COMPANIES) has been established and operates under Greek Law and operates as a legally licensed Payments Institution and Electronic Money Institution (by virtue of Decision No 280/3/23-7-2018 Government Gazette, Series B, No 3010/25-7-2018 and Decision No 508/3/26-7-2014 Government Gazette, Series B, No 4471/31-7-2024 respectively), supervised by the Bank of Greece, for the purpose of providing the activities of issuing, distributing and redeeming electronic money under Law 4021/2011 and the payment Services referred to in Article 4 par (3) items (a), (b), (c), (e), (f) and (g), of Law 4537/2018, in accordance with the provisions of Laws 4021/2011 and 4537/2018 and the Bank of Greece Governor's Act nr 2628/30.09.2010, as currently in force. The headquarters of EveryPay are located at 25, Karneadou Street, Athens Postcode 10675. For any further information you may require, please contact EveryPay by phone on: +30 218 2182800 or by e-mail to: info@EveryPay.gr.
EveryPay has concluded and currently maintains contracts with Banks and/or third parties issuing and/or accepting cards, by which it has the capability to acquire and settle transactions for which the payment of the respective sums is conducted by means of a card. EveryPay also provides electronic money issuing and payment Services related to the issuance, use and redemption thereof.
Any communication with the Banks and/or third parties issuing and/or accepting cards with which EveryPay has contracted for the acquisition and clearance of transactions takes place between these entities and EveryPay, excluding direct communication and/or transactions between them and the Affiliated Businesses in the context of the transactions and Services governed hereby.
I. DEFINITIONS
The following words and phrases shall have the meaning attributed to them herein and shall apply to both the singular and plural forms of the term in question. The following definitions shall apply to and govern the General and Special Terms set out below, as amended and in force at any given time. In any case, the definitions of Article 4 of Law 4537/2018 shall also apply and shall prevail in the event of doubt surrounding the meaning of any term.
‘International Card Organisations’ or ‘International Organisations’ or ‘International Payment Systems’ means the international organisations VISA INTERNATIONAL and MASTERCARD INTERNATIONAL.
‘Charge Order’ means any card charge order for the execution of an electronic payment, which is transmitted by the Customer to the Company electronically, via an automated electronic communications network, for the purpose of obtaining automated approval and clearance of the respective electronic payment through the EveryPay System and the Affiliated Businesses, in accordance with the terms.
‘Company Card’ for the purposes hereof is the Debit Card for making payments debited against a linked bank account belonging to the legal entity in whose name it has been issued.
‘Electronic Account’ or “Dashboard” means the personal account management page for Services provided by the Company which is activated in accordance with the terms set out by the Company, and to which persons duly authorised by the Customer have exclusive access, using personalised security credentials with a special password, which constitutes a unique and exclusive means of identification, and forms part of the EveryPay System.
‘Electronic Payment’ means any card charge intended to cover the payment of a transaction sale price, charged electronically, without the use of the body of the card, based on the consent of the Card Holder granted to the Company, acting for this purpose on the order of the Customer, provided electronically through a telecommunication, digital or information device, said charge being approved and cleared through the system in accordance with the terms of the Agreement.
‘Card’ means a payment instrument in small plastic machine-readable or digital form, issued in the name of the Holder by any credit or financial institution in Greece or abroad bearing the marks of the International Card Organisations with which the Company or the Affiliated Businesses cooperate for the purpose of conducting transactions, the details of which are posted on the Company's website, as applicable at any given time. This includes credit cards and/or debit cards, and/or company cards, and/or prepaid cards, and/or anonymous prepaid cards of any category, and/or including debit cards issued on behalf of EveryPay. The characteristic features on the card include the card number, the name of the holder, the card expiry date and the CVV2/CVC2 security code.
‘Holder’ means the natural or legal person in whose name a card has been issued. The name is imprinted on the reverse side of the card name and the card can be used for transactions by the Customer for the purpose of purchasing products or Services.
‘Funds’ means the amount of electronic money held electronically in the Customer’s account.
‘Access codes’ means the User Name, the Password and any unique code assigned by the Company to the Customer, for the purpose of accessing and managing accounts electronically, as well as any other unique codes assigned to the Customer from time to time in the context of the operation of the Services activated. Furthermore, the Card is also automatically registered for Mastercard Authentication, for enhanced security purposes. When you use the Card to make online purchases, you may be asked by the merchant's website to enter a code (the ‘Code’) sent to your mobile phone number or to authorise a transaction using the mobile app.
‘Account’ means the interest-free debit account kept by the Company in which monetary claims arising under this Agreement are automatically offset against the name of the Customer, on entry thereof in the accounting records.
‘Merchant’s ID or ‘MID’ is the unique identification code assigned to the Customer for the purpose of interactions with the EveryPay System.
'Durable medium' means any instrument which enables the payment service user to store information for personal use such that they are able to continue to have access to it in the future, for a period serving the purposes of the information in question, and from which stored information can be reproduced unchanged;
‘Instructions’ means the printed instructions detailing the implementation of the Agreement, the method by which electronic charge orders are forwarded for approval and settlement through the EveryPay System, etc., as supplied by the Company and supplemental the Agreement, outlining general procedures, guidelines, orders, and information sent to the Customer by the Company through the EveryPay System.
‘Credit Card’ for the purposes hereof is the instrument by which transactions acquire consumer credit at the time of purchase of a good or service, which has been issued by a domestic or foreign bank, or by financial service companies, in accordance with the specifications of the international organisations VISA INTERNATIONAL & MASTERCARD WORLDWIDE.
‘Prepaid Anonymous Card’ means a Card with a specific non-reloadable amount usable for purchasing transactions, not linked to the personal details of its holder.
‘Debit Card’ means a card usable for the execution of transactions, the amounts of which are debited from the linked bank account of its holder.
‘Affiliated Business’ means any credit institution or company issuing and/or accepting cards with which the Company cooperates or transacts in the context of this Agreement in relation to transactions processed on behalf of the Customer.
‘Agreement’ means all the General and Special Terms set out below, as amended and in force at any given time.
‘Transaction’ means any sales contract between the Customer and a Card Holder concluded remotely, i.e. without the simultaneous physical presence of both parties, online via the internet or using another form of distance communication (e.g. telephone, etc.), the payment of which is settled electronically.
The ‘EveryPay System’ means the electronic platform through which the Holder’s card can be debited via the Customer's website, so that the Customer can accept online orders via the internet for goods and/or Services commercially traded at the latter’s own expense and responsibility.
‘Bank Account’ means a dedicated deposit account held with a credit institution in the name of the Customer, exclusively for the purposes of the Agreement.
‘Services’ means the services which are the subject of the contractual relationship with the Company, specified below under section III.1. (SPECIAL TERMS – PURPOSE AND OBJECT)
ΙΙ. GENERAL TERMS OF USE
These General Terms govern the use of the website www. EveryPay.gr. More specifically, these terms apply to the individual procedures facilitating the provision of Services by EveryPay and its operating relationship with the Customer.
1. SCOPE AND PURPOSE
The purpose of these Terms is to regulate the relationship between Users and EveryPay with regard to the provision and receipt of the Services.
2. GENERAL CONDITIONS FOR THE PROVISION OF SERVICE
The Services are exclusively intended for use and are supplied only to persons over the age of 18 who are in possession of full legal capacity.
A prerequisite for the provision of any service by EveryPay is the completion of the Customer's subscription and the opening of an Account. The conditions and procedure for subscription, opening and activation of an Account may vary depending on the value and categories of transactions that the Customer wishes to make.
3. TERMS AND CONDITIONS FOR SUBSCRIPTION AND VERIFICATION OF IDENTITY
The subscription of each Customer is carried out electronically through the Company’s website www.EveryPay.gr with guided instruction provided for the Customer in accordance with the category to which they belong and the type of services they wish to receive.
All Customers must declare and submit the information requested by the system electronically in order to complete their subscription, and must accept the Terms after having read them carefully and understood them. Customers are advised to print out and/or store the Terms accepted on a durable medium. They must have full legal capacity in order to register.
The information which will be requested in order for a Customer to register is as follows:
i. a valid and active e-mail address, lawfully assigned to the Customer;
ii. the password to the Customer's e-mail account;
iii. the Tax ID number of the Customer's business;
iv. the trade name of the Customer's business (if it is a legal entity);
v. the trade name of the Customer (or full name of the Customer if the business is a sole proprietorship);
vi. a valid and active telephone number, which has been lawfully assigned to the Customer
The Customer must complete the registration process by entering all the above information (i. to vi.) in the respective fields, as well as any other information or data requested by EveryPay in the context of the identity verification process.
In the case of Customers who are legal entities, the submission of data should be carried out exclusively by their legal representative. Registration alone presumes that the person carrying out the entry of the information and the registration is the legal representative of the legal entity.
The Customer guarantees that they are the legal beneficiary and user of the e-mail address they register, they are a subscriber or holder of the telephone number they have entered and that all of the information that they submit is accurate and true, and they acknowledge their exclusive responsibility for any inaccuracy, falsehood, or inconsistency in any of the information entered by them.
The Customer must take all appropriate measures to avoid any unauthorised access or use of their e-mail address, and must acknowledge and accept that any communication using the respective e-mail address shall be treated as originating from and addressed to them, as well as having been received by them as appropriate.
If the Customer does disclose their e-mail address and password to the EveryPay System and their electronic account to any third party, then the Customer shall be held exclusively liable for the consequences of any such unauthorised access and use, indicatively but not limited to the following: access of the third party to the available balance of their account for the execution of transactions, access to transaction history and identity verification data, changes to the Customer's personal information, blocking of the Customer from conducting transactions through the account, etc.If the Customer suspects that their authentication data have been intercepted, or have been disclosed in any way to a third party, they should change them and notify EveryPay immediately at the contact details shown on the website https://www.everypay.gr/contactor the email address: support@EveryPay.gr.
Customers acknowledge and accept that omission or failure to fully comply with the requirements of EveryPay, in the context of verification and identification procedures and actions, may result, at the sole discretion of EveryPay, in the unilateral suspension of the provision of Services, the freezing of the available account balance and/or the termination of this Agreement, without penalties against the Company, for material cause.
EveryPay has the right to terminate at any time the registration processand onboarding process that has begun and has not yet been completed, especially in cases where the Customer is late in providing the information and/or documents requested, or remains inactive for a long period of time.
4. VERIFICATION OF DATA & IDENTITY
The COMPANY reserves the right to confirm the truth and accuracy of the information entered by the Customer and to apply identity verification procedures in order to confirm the identity of the Customer. Also, by submitting the application for registration by the Customer, he acknowledges that the Company will proceed to a check of the data provided.
If the identity of the Customer is duly verified and a cooperation Agreement is to be concluded, EveryPay will issue the Customer with a MID code that will permit the Customer to interface with the EveryPay System.
Having completed the identity verification process, the Customer must activate their electronic account, by completing the series of actions as indicated by the Company electronically.
Completion of the process of identification and activation of the electronic account is essential for commencement of provision and receipt of the Services available at any given time. Completion of the process to verify the Customer’s details may require successful completion of at least one bank transfer of funds from the Company to the Customer’s declared bank account as indicated above.
On completion of identity verification and activation of the electronic account, the Customer recognises and accepts the offer to commence use of the Services the EveryPay System as indicated.
The implementation of ‘Know Your Customer’ (KYC) procedures aims to ensure that transactions are carried out securely, and that fraud, money laundering, terrorist financing are prevented and suppressed. For this reason, KYC procedures and policies, applied by EveryPay to this end, are drafted and updated in accordance with EveryPay's obligations to comply with applicable legislation, and are announced as necessary on the EveryPay website. Each Customer is systematically guided through the identity verification process that must be followed.
EveryPay reserves the right, at any time throughout the valid term of the Agreement hereof, and in any case at least once a year, in accordance with applicable legislation, to request that the Customer provide further information/identity documents/evidence of legal status, at its discretion and in application of its policies and procedures or individual measures taken for the verification and identification of Customers.
Throughout the valid term of this Agreement, for as long as certification and/or verification of the Customer's data remains outstanding, the later accepts and acknowledges that the Company will be unable provide any form of service.
The Company reserves the right, under the terms and procedures it applies, to reject the Customer's request for activation, without obligation to provide justification, and/or to deactivate the Customer's electronic account and/or to temporarily or permanently discontinue the provision of services to the Customer.
The Company reserves the right, in the course of regulatory controls or in the course of its internal audit procedure, and in the context of its compliance with legislation on the prevention and suppression of fraud, money laundering and terrorist financing and/or related prevention and control procedures, either to approve the registration of the Client and/or during the term of the Agreement: a) to request information from the Customer regarding the transactions entered in the system in order to ascertain whether they have in fact taken place (delivery of goods or provision of services); and b) to request letters of conformity and/or solemn declarations of compliance or non-opposition of their object and the goods and services they provide to the categories of products or services (in particular in relation to procedures for prevention of money laundering and those mentioned below in Section III.) SPECIAL PAYMENT SERVICE TERMS & CONDITIONS, Article 10.‘Rejected transactions’ and c) to carry out random checks from time to time in order to verify that transactions have been carried out or that the services have been provided. In the case of failure to comply or respond on the part of the Customer with the above arrangements, the Company reserves the right to deactivate the Customer's electronic account and/or temporarily or permanently discontinue the provision of services to the Customer.
5. EveryPay'S OBLIGATION OF CONFIDENTIALITY
EveryPay shall treat all data and information disclosed by the Customer in the context of the registration process in the EveryPay System as confidential, and shall not publish, reveal or generally disclose any such details to any third party, apart from the Collaborating Companies, the International Organisations, and any natural or legal person or authority as required for the provision of the Services or as required by the law or regulatory acts, or the respective acts of competent authorities. Customer entering into a contractual relationship with the Company have been informed of the disclosure of such data by the Company to the aforementioned persons or entities.
6. CONSUMER PROTECTION
To the extent that the services provided are addressed to Customers in their capacity as consumers, the provisions of consumer protection legislation shall apply as currently in force.
In their capacity as consumers, Customers shall be entitled to withdraw from the present contract in accordance with Article 4(a) of Law 2251/1994. In particular, they shall have the right to withdraw from this contract, without explanation and without incurring any penalty, within fourteen (14) calendar days from the acceptance of the Terms. Withdrawal shall not possible once execution of the contract has been fully completed in accordance with the Customer’s respective application. If a Customer wishes to withdraw from the Agreement, they are in all cases obliged to settle the EveryPay charges relating to the Services they have already received under the Agreement.
In all cases, the Customer is entitled terminate this Agreement at any time, giving one (1) month's notice, paying their contractual obligations and the charges corresponding to the Services received during the contractual period before the aforementioned deadline expires.
7. INFORMATION – DISCLOSURES
Customers are advised to read all information contained in EveryPay's website carefully, together with the Terms, and including any other information as directed to prior to acceptance. Customers requiring further clarifications regarding terms or services may contact the competent department of EveryPay at following addresses, as provided on the websitehttps://www.EveryPay.gr/contact or the email address: info@everypay.gr
Any communication between EveryPay and Customers is conducted via the email address or telephone number declared by the Customer and entered by them during the registration procedure, as well as through the Customer's electronic account. If it is necessary to send a physical document to the Customer, this shall be deemed duly and validly sent to the postal address declared by the Customer, or another otherwise derived from independent third party sources.
In the event of any change in contact details or any other information submitted to EveryPay during the registration process, the Customers must amend their electronic accounts accordingly, by following the respective EveryPay system instructions. The COMPANY reserves the right to request confirmation and/or verification of the details in question, following the confirmation and identity verification procedure described above.
EveryPay provides Customers with any information they may request regarding EveryPay, its activity as a supervised Payment Institution, the Services and the different features thereof. Where the information requested has already been published, the obligation to supply further details may also be fulfilled by referring the applicant to that published information. The information will in all cases be supplied via e-mail and/or the EveryPay website. Personalised information may also be supplied through posting of messages through the Customer's electronic account.
EveryPay reserves the right to charge for the provision of information under certain conditions, which all cases shall be reasonable and cost-oriented.
If EveryPay refuses to execute a transaction, it must notify the Customer of the refusal, giving details of the respective reasons if possible, as well as details of the method of redress, unless otherwise provided for by applicable legislation. EveryPay may, at its discretion, charge for the provision of such information, providing that the refusal is objectively justified.
In addition to any other obligations regarding the disclosure of data and information and the obligation to notify changes therein, Customers also undertake, as part of the identity verification process, to notify EveryPay in writing of all changes in any type of information or data declared or disclosed to EveryPay, in view and in the context of receiving the services, and in particular if the change might affect the supply or receipt of said services. Notification of such changes should be made through the electronic account in the system, no later than the day after completion.
Until completion of the above process of notifying any change to EveryPay, the Customer shall have no right to oppose EveryPay in any claim, objection or argument based on this change, which shall for this period be considered to be undisclosed.
8. PERSONAL DATA – CONFIDENTIALITY – COMPLIANCE WITH REGULATION (EU) 2016/679 (the General Data Protection Regulation) (GDPR)
Customers provide their consent to the storage and processing by EveryPay of a file containing the personal data of Users, in accordance with the applicable legislation, as in force. The Data Controller of this file is EveryPay.
The protection of personal data is of paramount importance for EveryPay and it is treated with the utmost seriousness. Respecting the personal data we manage and ensuring its proper processing is one of the Company's priorities.
EveryPay is fully bound by, and compliant with, the requirements of the European Union General Data Protection (Regulation (EU) 2016/679) of the (hereinafter the ‘Regulation’), as well as the applicable national legislative framework for the processing of personal data. For more information, please refer to our privacy policy: https://www.everypay.gr/en/legal/privacy-policy
Data pertaining to Customers is collected from the information provided by them, as well as from independent third party sources, where such information has been published.
The data and information collected are processed for the purpose of providing the Services requested by the Customers. Customers have the right to access, rectification and object in reference to their personal data held by EveryPay, in accordance with applicable legislation. The content and procedure for exercising these rights are provided for in Law 4624/2019.
EveryPay may transmit the data and information it collects to third parties as required to successfully provide the Services in question. In addition, the company may link its records to the respective records kept by associated companies thereof, as well as by third-party natural or legal persons. By accepting these terms, Customers consent to such transmission and cross-connection. EveryPay reserves the right to make further updates and requests for consent as deemed necessary, and in any case shall proceed with the required notifications and authorisations from the competent authorities.
Refusal on the part of the customer to consent to the necessary collection, processing, transmission of data or linking of files may result in the inability to provide the services requested by the Customer, or to a unilateral suspension of the provision of services, the blocking of the available balance of the Customer's account, and/or unilateral termination of the Agreement without penalty for EveryPay.
Customers consent to the disclosure of data (such as subscriber or user details, location data, etc.) and the content of the communications between them and EveryPay to the Affiliated Businesses that are involved in any way in the provision of services, or the issuance and management of cards and the execution of the Agreement, as well as to the competent supervisory, police, and judicial authorities in the context of preventing, investigating, and addressing any criminal offences.
EveryPay is obliged to retain the data of customers as well as transactions attempted and/or executed through the EveryPay System for the minimum periods provided for by applicable legislation. This means that, even in the event of formal termination of the contractual relationship between EveryPay and the Customer for any reason whatsoever and/or permanent deactivation of the electronic account and the account activated by the Customer in the context thereof, EveryPay is nevertheless required to keep the data legally required for as long as specified by respective provisions.
EveryPay may use cookies which are technically necessary for the provision of the Services. The cookies that EveryPay indicatively uses fall into the following categories:
• Cookies necessary for the recognition and/or maintenance of content entered by the Customer when connecting to a web page, for the duration of the specific connection.
• Cookies necessary for customer authentication.
• Cookies installed for the purpose of customer security.
• Cookies necessary for load balancing during connection to a web page.
• Cookies that ‘remember’ the Customer's choices regarding the presentation of the website.
Following any change in the nature of the cookies it uses such that their use requires notification of customers and the obtaining of their consent for installation, EveryPay will duly notify customers in an appropriate manner in order to obtain consent before taking any further action to install such files.
EveryPay applies a privacy policy with regard to information it collects and processes, as well as a security policy with regard to transactions carried out in the context of provision of its Services. Users are advised to inform themselves regarding the privacy and security policies applied by EveryPay, which are published for your perusal on the website at https://www.everypay.gr/en
EveryPay and all Affiliated Businesses have the right to seek information and data from information records and databases legally maintained with regard to the financial solvency and trustworthiness of the Customer, as well as the transactions it undertakes, as well as other persons connected, directly or indirectly, with the Customer, and for this purpose the Customer shall unreservedly grant their consent.
EveryPay may record conversations between itself and Users for reasons of transaction security and/or proof of conversation and/or a transaction, in compliance with the applicable legal provisions, mainly with the appropriate announcement at the start/end of recording. Customers shall accept such recordings and shall undertake to inform all of their agents of the fact that their conversations may be recorded, in addition to any other notification procedure with regard to the start and end of recording that EveryPay may perform in compliance with legislation applicable at any given time.
9. INDUSTRIAL AND INTELLECTUAL PROPERTY RIGHTS
EveryPay and its Affiliated Businesses remain the exclusive beneficiaries of all rights to names, trademarks, software, as well as all intellectual or industrial property rights in general, as well as all rights to tangible or intangible goods related to the Services. The Customer shall use the above goods after prior approval and in accordance with the instructions of EveryPay and shall not proceed with any action relating to them which is contrary to the obligations arising from the Agreement or the interests of EveryPay.
The Customer's access to the EveryPay website www.everypay.gr, , to any other EveryPay webpage and to the EveryPay System pursuant to the Agreement, does not create any form of intellectual property rights in favour of the Customer regarding the EveryPay System, software, distinctive features and the rights in general that can be accessed through these webpages, which belong to the Company or to third party affiliates thereof.
Any copying, deletion, reproduction, imitation, falsification of elements of the websites or decompilation of their source code, in any way, in part or in whole, in any form or by any means, either by Customers or by their agents or legal representatives, constitutes an illegal act incurring criminal penalties and is strictly prohibited. The Customer has the right to print, copy, and download or store temporary data from the Company's websites solely within the framework, and for the purposes, of the Agreement.
The Customer shall not post on its websites and shall not use the logo in general, or the distinctive features of the Company, or the Affiliate Businesses, unless prior written consent is obtained. It is expressly clarified that the trademarks of the Cards remain under the complete and full ownership of the International Organisations Mastercard International or Visa International, or to the respective issuing bank and their licensors, while respectively the trademarks and distinctive brand identifiers of the Company belong to the Company itself or to its licensors, and the Customer acquires the right to use them exclusively in the context of the operational provisions of this Agreement and for as long as it remains valid.
The linking or framing of the Customer's website and the EveryPay website www.EveryPay.gr in the context of the execution of the Contract do not in any way imply the creation of intellectual property rights over rights belonging to the counterparty.
The Customer must take all necessary measures to protect the Company's intellectual property from any prohibited access, use, dissemination, copying, imitation or alteration and any other form of prohibited use or processing and expressly declare that they shall not sell, lease, license, transfer in any way, nor assign possession, for or without a consideration, of the applications, programmes, operating systems, patents, documents, designs, standards, algorithms, techniques, procedures, methods, know-how, or other accompanying material referred to in the Agreement, without the prior written consent of the Company.
The use and appearance of the Company's trademarks, logos or other brand identifier by the Customer may be made only after written permission of the Company received in printed or electronic form (email).
10. CUSTOMER RESPONSIBILITIES
The Customer shall agree and undertake to use the website www.everypay.gr, the EveryPay System, the Services and the information and data contained therein as foreseen by the law and based on rules of good faith and business ethics.
The Customer is obliged refrain from using the website www.EveryPay.gr, the EveryPay System, the Services and the information and data for the following:
• to send, publish, email or transmit by any other means any content for any reason that is illegal, or that illegally causes damage or harm to EveryPay and/or any third parties, or that is in breach of the privacy or confidentiality of information of any person;
• to send, publish, email or transmit by any other means any content that is contrary to moral norms and social principles, including protection of minors etc.;
• to send, publish, email or transmit by any other means any content which users are prohibited from transmitting under the law or currently valid agreements (including internal information, proprietary and confidential information acquired or disclosed within the framework of business relationships or covered by confidentiality agreements);
• to send, publish, email or transmit in other manners any content that breaches any patent, trade mark, trade secret, intellectual rights or other third party proprietary rights of any form;
• to send, publish, email or transmit by any other means any material that contains software viruses or any other codes, files or programmes designed to interrupt, damage, destroy or affect the operation of any computer software or hardware;
• to deliberately or unintentionally infringe currently valid legislation or provisions;
• to harass third parties in any way whatsoever;
• to collect or save personal data related to other users.
11. LINKS TO THIS WEBSITE (www.everypay.gr)
The links on the website www.EveryPay.gr lead to other online store pages, or in certain cases may lead the user to the websites of third party providers, businesses, etc. These linked websites do not fall under the control of EveryPay, and EveryPay bears no responsibility for the content of any such website or any other link on any linked webpage, or any changes or updates made on such website pages. EveryPay is not responsible for internet broadcasts or for any form of transmission obtained from any linked webpage. The fact that such links appear on the www.EveryPay.gr website does not imply that EveryPay approves or endorses their content.
12. CONTACT/COMMUNICATION
Any notification, notice or announcement made by EveryPay to Customers shall be conducted exclusively in writing, by registered letter with receipt of delivery or by email, to the postal or email address entered by Customers when they register for the EveryPay System.
Customers may contact EveryPay by phone at 218 2182800 and at the following email addresses:
• Sales Department: sales@everypay.gr
• General Information: info@everypay.gr
• Customer Service/ Complaints/ Technical Support Department: support@everypay.gr
• Reports & claims of violations or suspected violations/ Anonymous reports of violations: compliance@everypay.gr
• Personal Data Management: dpo@everypay.gr
13. CONCLUSION OF AGREEMENTS - AMENDMENTS
A prerequisite for conclusion of the Agreement and the commencement of cooperation between the parties is the acceptance of these Terms by the Customer. Since the conclusion of the Agreement is carried out by electronic means, EveryPay enables the Customer to access the Terms, in an electronic format that can be downloaded and saved or printed, before being bound by the Terms. Furthermore, after conclusion of the Agreement and the electronic acceptance of these Terms by the Customer, EveryPay enables the Customer to save or print the Terms which have been accepted and govern the relationship between them on a durable medium.
EveryPay reserves the right to modify the applicable Terms that govern the provision of the Services and the operation of the EveryPay System from time to time, with due notification of the respective amendments via the Customer's Electronic Account or by posting the details on the website www.EveryPay.gr, and enabling the Customer to save and/or print the amendments or the revised version of Terms applicable to the cooperation between the contracting parties.
Any amendment to the Terms shall become effective two (2) months after the aforementioned announcement thereof. If the Customer fails to express any disagreement with the amended terms notified to them within the two (2) month deadline and in writing, they shall be presumed to have accepted them. If Customers do register their written disagreement with the new Terms within the specified period and before the notified changes take effect, they shall have the right to terminate the contract without penalty.
Changes in interest rates, or in foreign currency exchange reference rates based on changes in the respective rates, may, where the method of calculation of effective interest or foreign exchange reference rates and the index or basis for determining them has been previously notified to the Customer, be subject to immediate application without notice. Customers will be notified immediately regarding such changes, which are posted as they occur on the EveryPay website, and generally via the EveryPay System.
14. ASSIGNMENT
The Customer is prohibited from substitution by third parties under the Agreement, as well as from assigning any of its rights or obligations arising under it without the prior consent of EveryPay.
15. VALID TERM – TERMINATION
The Agreement has indefinite term, commencing with the completion of registration by the Company in the EveryPay System, in accordance with the above and any guidelines as supplied from time to time by EveryPay.
Either party, namely the Customer or EveryPay, may terminate the Agreement for any reason. Termination of the Agreement shall become effective after the lapse of one month after the notice termination reaches the other party if termination is initiated by the Customer, and after two months if termination is initiated by EveryPay. Termination shall in all cases be notified in writing.
The Agreement shall be automatically terminated if EveryPay discontinues provision of the Services for any reason. In this case, no rights to compensation or recourse arises on the part of the Customer in relation to failure to provide services in the future, or for lost profit, or any other related claim whatsoever.
Either party may terminate the contract without delay and without incurring penalties for material reasons, including the following: (i) if the other party enters into liquidation, is declared bankrupt, or ceases to meet its payment obligations, or is placed in receivership or any other similar regime with equivalent legal effects; (ii) if the other party breaches any agreement or obligation under the terms hereof and such breach continues without remedy for thirty (30) days after written notification thereof by the party not in breach; (iii) if the Customer assigns or transfers all or part of the rights and obligations arising from this contract without the prior written consent of EveryPay; (iv) if the terms of this agreement and the applicable legal provisions have been violated or the Customer's financial situation has deteriorated; and (v) under any other circumstances expressly referred to herein.
Notice of termination shall take place in writing, and shall take effect as of the day following its receipt by the other contracting party.
Termination, for whatever reason, shall have the following consequences:
a. EveryPay shall proceed with the last daily settlement of the Customer's transactions, as determined in Article 6 hereof. The Customer shall be required to immediately settle all outstanding obligations, direct or indirect, towards EveryPay.
b. The Customer shall immediately remove all indications that include any brand name, trademark or logotype belonging to EveryPay and/or its Affiliate Businesses from their website.
c. The Customer shall immediately return any software and any printed material used in the context of providing the Services to EveryPay and shall delete any copies they have stored in any computer memory. EveryPay shall terminate the Customer's access to the EveryPay System.
d. The Customer shall continue to bear obligations of confidentiality and secrecy that were undertaken within the framework of the Agreement.
e. The Customer must cease use of any equipment and/or infrastructure of the Company and provide EveryPay with the necessary access and cooperation in order to disconnect the Customer from the EveryPay System, including any required uninstalling of equipment or applications.
f. Any amounts due to either party shall become immediately due and payable. EveryPay and the Customer accept that all outstanding financial matters as arising under the cooperative agreement between them now terminated must be settled within thirty (30) days from the date on which termination became effective.
g. If the Agreement is terminated by EveryPay due to a breach of the terms hereof by the Customer, the Company has the right to notify the details of the termination for inclusion in the interbank financial/transactional behaviour data file kept by TIRESIAS SA (processing controller), with registered offices at 2, Alamanas Street, 151 25 Marousi - Athens, to which card issuers and/or recipients also have access as expressly authorised by the Customer to this end by virtue hereof. EveryPay informs the Customer and the latter takes it under advisement that in order to protect credit, resolve transactions, and in particular, to restrict fraud in payment instruments and support the safe use of cards, the societe anonyme trading under the name ‘Banking Information Systems – TIRESIAS SA’ maintains a record of businesses (‘Business’ in this case references the ‘Customer’), where business details are entered (Tax ID number, ID number for sole proprietorships, name, distinctive title, full address of registered office, telephone, date of conclusion of contract, reasons and date of termination, indication of use by the Company of special terminals for the use of Card), whose contracts for the acceptance of cards have been terminated for any of the reasons given below:a) acceptance of credit or debit cards which have previously been reported as lost or stolen; b) acceptance of cards that have not been issued by a credit institution or a card issuing and/or management company (hereinafter referred to as ‘Entity(-ies)’ or a corresponding Entity abroad (namely counterfeit cards); c) conducting or keying in actual or fictitious transactions without the authorisation of the holder; d) if the Business has facilitated or caused unauthorised abstraction of funds or leaking of card or transaction data; (e) legalisation of income from illegal activity (money laundering); (f) if the Business has declared bankruptcy, been put into liquidation or receivership, or has suspended operations for any reason or has been dissolved; (g) alteration of transaction amounts in debit reports issued during transactions; (h) self-financing by creating fictitious transactions; (i) breaking a transaction into multiple individual transactions; j) inaccurate applications for cards forwarded by the Business to the institution in the context of their cooperation; k) inaccurate cooperation applications from the Business to the Institution; l) making transactions, invoking virtual approvals; m) excessive numbers of chargebacks/disputed transactions, and n) violation of the terms of the cooperation agreement between the Company and the institution for the acceptance of cards not included under other grounds. Personal details of up to four (4) legal representatives of the Company (surname, first name, father's name, Tax ID number, ID card number, full address, work and home phone numbers) will be entered in the Business Record at the same time as the details of the complaint as above. The data receiver of the above Business Record is EveryPay, which has contracted with the Business for the acceptance of Cards as a means of payment, and it may terminate these contracts for any of the above reasons. Data recipients of the above Business Record are the services of the aforementioned Entities, which are responsible for the conclusion of agreements to accept cards. The data entered in the Business Record are kept for a period of five (5) years. Any data subject has the right to access the abovementioned record and raise objections in accordance with the provisions of the Regulation.
16. CONFIDENTIALITY OBLIGATIONS – CUSTOMER NON-COMPETE CLAUSE
The Customer has an obligation of confidentiality. They must take exceptional care to protect the confidentiality of security parameters, passwords and all other security measures and procedures used in the provision of the Services.
Customers shall keep the trade secrets, methods or information of EveryPay confidential, and shall not use these for their own benefit, or for the benefit of any third party, nor shall they disclose them to any natural and legal person. This includes, but is not limited to, information regarding the number and amounts of Charge Orders transmitted and the level of monetary transactions, profits or commissions received, details of the business organisation of EveryPay, the technical know-how associated with the applications of the EveryPay System that have been developed by the Company, as well as details of the commercial relations of the latter with the Affiliated Businesses.
This obligation shall be borne by the Customer both during the term of this contract and after its termination for any reason. By way of exception, the Customer is entitled to disclose to employees in charge of the provision of the Services and their supervisors or superiors information regarding the Services to the extent necessary for provision of the Services, and in general for the execution of this Agreement.
In order to protect and safeguard the aforementioned confidential data, throughout the duration of this contract and for three (3) months after its termination, the Customer undertakes to refrain from any act of unfair competition against EveryPay.
17. RESPONSIBILITIES OF EveryPay
EveryPay shall not be held liable for acts or omissions on the part of Customers or their employees in the course of services provision under this Agreement.
EveryPay has taken every possible measure to protect its software, the EveryPay System in general, as well as the automated electronic communications network servicing this Agreement against virus infection, but cannot guarantee the complete absence of viruses and bears no liability in the event of any loss or damage to equipment, programmes or files or other harm caused to the Customer due to a virus.
EveryPay shall not be held liable for any defective operation of the automated electronic communications network used in service of this Agreement or by extension the electronic communication between the Contracting Parties, due to delays, errors or technical failure of the telecommunications network or the Customer's equipment or the services of a third party, such as, indicatively, the internet access service provider.
EveryPay shall be exclusively liable in the case of willful misconduct or gross negligence in the case of failure to approve and/or settlement of an Electronic Payment submitted by the Customer in accordance with this Agreement, including instances related to technical failure or malfunction of the automated electronic communications network, or the EveryPay System, or their electronic and computer systems in general.
EveryPay is not responsible for acts or omissions on the part of the Customer or any persons with whom they engage in transactions. It shall not, for example, be held responsible for loss or damages proven to fall exclusively within the sphere of responsibility of the Customer, including, but not limited to, damages that may arise from: (a) third party claims attributable to unauthorised payment transactions; (b) third party claims attributable to incorrect payment transactions; (c) claims arising from the exercise of rights to refund by the final recipients of goods or services; (d) administrative sanctions and fines imposed on EveryPay and/or its Affiliated Businesses by public authorities or International Payment Organisations, in relation to Electronic Payments processed in the context of this Agreement.
EveryPay is not responsible for any damage suffered by the Customer in case of interference or attempt to interfere with its systems, or in case of operational failures in the Company's systems, except in cases of damage directly falling under the Company's sphere of responsibility, which are due to gross negligence or willful misconduct.
EveryPay is not responsible for damages incurred by the Customer, material or otherwise, in the event that latter's personal access codes to the EveryPay System are leaked by means not attributable to the Company, or if any third party otherwise unlawfully gains access to the codes not due to the fault of EveryPay.
EveryPay has no obligation to complete payments to the Customer of amounts corresponding to electronic payments prohibited by law or the regulations of the International Organisations, or as determined by the law or the competent authorities, and shall notify the Customer within four (4) working days, stating the reason for non-payment and the provision violated.
18. DISPUTE RESOLUTION - APPLICABLE LAW
Any transactional relationship between EveryPay and the Customer arising under the Agreement is governed by Greek law.
The courts competent for the resolution of any dispute between the Company and the Customer arising from the transactional relationship between them, are in all material respects the competent Courts of Athens.
Pursuant to the provisions of Articles 99 & 100 of Law 4537/2018, as currently in force, the Customer has the right to file a complaint against the Company with the General Secretariat for Trade and Consumer Protection of the Ministry of Economy and Development for the violation of the provisions, specifically with regard to alleged violations of Articles 38 to 102, with the exception of the provisions referred to in Article 68(6) and Articles 94 to 96 of the above law, as well as to pursue any other alternative dispute resolution procedure as provided for in Part 6 (Articles 98 to 100) of the above law.
To the extent that the Services provided are addressed to Customers in their capacity as Consumers, the competent authorities responsible for reviewing the out-of-court settlement of disputes arising between the Company and the Customer as a user of payment services, are the Consumer’s Ombudsman, the Ombudsman for Banking & Investment Services and the amicable settlement committees as foreseen by law. If Customers not deemed to be consumers with regard to the Services provided wish to pursue the amicable settlement of a dispute, it is recommended that they consult the aforementioned authorities regarding their respective competence.
ΙΙΙ. SPECIAL TERMS FOR PAYMENT SERVICES
EveryPay provides payment acceptance and execution services, electronic money, and payment services related to the issuance, use and redemption thereof.
Α. PAYMENT ACCEPTANCE AND EXECUTION SERVICES
1. PURPOSE AND OBJECT
The Payment Services provided by EveryPay concern the acceptance and settlement of payments made by any payer to the Customer in consideration for the provision of goods or services, which the Customer provides in the context of their professional business activity. This payment can be made by the payer using third party means of payment that are accepted by EveryPay such as cards (e.g. VISA, MASTERCARD, AMEX, etc.).
The Customer is a supplier of products and/or services, active in the sale of goods and/or services remotely, via the internet or by other form of remote communication (e.g. telephone, etc.), who wishes to accept payment of the price when making sales by charging buyers cards.
With the acceptance of the General and Special Terms and the subsequent conclusion of the Agreement, the Customer has agreed that EveryPay shall undertake the provision of Electronic Payment Processing Services through the EveryPay System. The Customer declares and guarantees that they shall send electronic payments made by card holders for processing and clearance to EveryPay, in compliance with the terms, conditions and procedure set out herein.
The Services that form the object of the Agreement include the following:
Either (a) the forwarding of charge orders for automated approval of electronic payments by the Affiliated Businesses through the EveryPay System and the Affiliated Businesses; and/or
(b) further forwarding of Electronic Payments through EveryPay and the Affiliated Businesses for electronic clearance of the respective electronic payments by the Affiliated Businesses and/or
(c) the crediting of cleared amounts to the Customer's Account and then to the Customer's bank account (cash transfer settlement) after the electronic settlement of each Electronic Payment, as referred to in Article 6 of the Agreement.
The processing of each Electronic Payment by the EveryPay System is subject to its prior approval via the System. Accordingly, the Company will forward only approved Electronic Payments for electronic clearing via the EveryPay System.
In order for provision of Services to commence, the Customer must have finished the procedures for registration, completion and activation of his Electronic Account.
The Customer shall grant their consent to EveryPay so that EveryPay and the Affiliated Businesses mediating the provision of the Services can access information and data from information files and databases legally maintained with regard to the solvency and reliability of commercial users and/or participants in their businesses, as well as persons engaged in the administration and management thereof and/or their beneficial owners.
2. CAPACITY TO ACCEPT CARDS
The acceptance of Card charging as a means of payment by the Customer can be carried out using suitable mechanisms for conducting remote transactions or via a physical POS device.
In order to provide the option of accepting Cards issued in a country other than the country in which the Customer is based, special information and the potential approval of EveryPay may be required, which shall be granted at the latter’s discretion and on presentation of the information requested by EveryPay.
In any case and at its discretion, in order to activate the Customer’s option to accept Cards, prior specific approval from the respective International Issuing Organisation for the type of Card in question may be required.
The Customer has the right and the capacity to accept payment of the transaction price by charging the holder’s card either as a single payment, or by means of recurrent charges (e.g. part payments in installments) on the instructions of the Payer, as specified at any given time in accordance with the guidelines, and in compliance therewith.
The Customer has the right and the capacity to accept settlement of a transaction price by accepting charges either as a single payment, or in execution of a recurring transaction order (e.g. part payments in installments) as instructed by the Holder.
3. ONLINE PAYMENT PROCESSING PROCEDURE
For the purpose of processing any electronic payment through the EveryPay System, the Customer shall forward a corresponding card charge order, in accordance with the terms and procedures of this article.
For electronic payments, the 3D Secure service is automatically activated during data entry, which serves the purpose of verifying that the transaction has been completed by the cardholder. Deactivation of this service can be made at the written request of the Customer from the email specified during their registration, accepting the respective risks and consequences of deactivating the 3D Secure service.
For transactions concluded remotely via the internet or other form of remote communication (e.g. telephone, etc.), each card charge order forwarded by the Customer to EveryPay for approval and clearance through the EveryPay System, must contain the following minimum information:
(a) the details of the Card to be charged, i.e. the cardholder’s name, the card number, as well as its expiry date (month and year);
(b) the authentication number of the Card to be charged, which is printed on the body of the Card in the space reserved for the holder's signature, i.e. the CVV (VISA) or CVC (MASTERCARD) number;
(c) the details of the Electronic Payment, i.e. the amount to be charged and the Customer’s reference code number.
In all other respects, each card charge order must have the standard content set out in the Instructions. The standard content of the card charge orders must not include personal data of cardholders.
The card charge orders are submitted by the Customer to EveryPay for approval and clearance through an automated electronic communications network in the EveryPay System as described in the procedural Instructions. Customers will be notified electronically regarding automated approvals or rejections of card charge orders through the EveryPay System.
The Customer's access to the Electronic Account and the EveryPay System for the purposes of submitting Card Charge Orders is carried out using unique Access Codes issued to the Customer when they register for the EveryPay System.
These access codes are used as unique identifiers for each Customer. The Customer acknowledges that the submission of the above Codes by their authorised representatives when connected to the EveryPay System will serve as verification of their identity. Customers are obliged to take their own security measures and exercise due diligence to prevent the unlawful use of the codes by unauthorised third parties, keeping the codes confidential and not disclosing them to third parties, and generally ensuring that they are not leaked in any way. The Customer as holder of these codes is exclusively responsible and shall bear the risk of any loss or damages that they, or EveryPay, or the Affiliated Businesses, incur due unauthorised access to their codes by third parties.
The Customer must act in such a way as to ensure the confidentiality of passwords and to prevent their illegal and/or unauthorised use by any person. They must not be disclosed to third parties and all necessary measures to ensure proper security, safekeeping and the avoidance of any leaks must be observed, including the obligation to memorise them and destroy or delete documents or other means by which passwords are issued to them, including not creating records thereof, even if concealed, in another medium. Keeping passwords in any readable format constitutes gross negligence on the part of the Customer. The Customer is responsible for ensuring compliance with the above obligation of confidentiality of passwords from all of its employees, executives, directors and any associates or agents in general. To this end, the Customer must take every precaution to prevent leaking them to any third party.
If transmission of card charge orders is carried out through the Customer's online website, the combined use of the User Name and User Password which EveryPay activates and communicates to the Customer, also constitutes a presumption of use of the respective codes by the Customer. The Customer assumes responsibility for any losses suffered by EveryPay or third parties cooperating with the Customer due to leakage of the User Name and User Password for any reason or as a result of their use by a person unauthorised by the Customer or by an authorised person in violation of the terms of Service. The receipt of Codes by the Customer shall be confirmed in writing. EveryPay makes provision for a procedure to change the User Name and User Password, if the Customer requests it.
Customers have access to the details of the amounts already credited or debited and/or pending credit or debit to their Account and Bank Account through their electronic record, which contains all payment transactions that have been approved and carried out in general, including requests for approval of Card Charge Orders.
The Customer must complete the transactions made via card transactions, by delivering the goods sold or supplying the services ordered, in faithful compliance with the relevant agreements with the card holders/buyers and the provisions of the law. EveryPay has no involvement whatsoever in any potential disputes or doubts raised between the Customer and the Card Holder, which must be settled by the Customer.
Customers are prohibited from storing the details of the Cards used and the transactions made with them, except in cases where this is expressly required by the provisions of the Agreement. Using this data for purposes beyond this Agreement or transmission thereof to any third party is strictly prohibited, unless required by law.
4. OBLIGATIONS OF CUSTOMERS
In addition to their other obligations provided for in the General Terms, the Customer collectively undertakes the following:
(a) To comply with all instructions communicated to them from time to time by the COMPANY.
(b) To take any action to identify and verify the identity of their customers, which in this case means any Holder using a means of payment that requires the identification of their user, such as a Card. It is emphasised that the Customer is exclusively responsible for the accurate and sufficient completion of the identification and verification process of each customer (payer) using such payment instruments as the legal owner, in compliance with the instructions of the specific payment instrument issuer with which it has contracted for the acceptance thereof.
In order to avoid any misinterpretation, the Customer is exclusively responsible for the proper implementation and compliance of their Business and its agents with the identification and verification procedures, as well as for taking all necessary measures to ensure that transactions are conducted by the legal holder of the payment instrument.
(c) The Customer is obliged to add the EveryPay logo in a prominent place on its website, as well as an informational reference in accordance with the following standard text: ‘Recognising the importance of electronic payment security, EveryPay is a licensed Payment Institution by the Bank of Greece (Decision No 280/3/23-7-2018 Government Gazette, Series II, No 3010/25-7-2018), and securely manages card payment transaction data, in accordance with the regulatory framework of the card transaction security management standard. EveryPay is certified in accordance with the card transaction management data security standard (PCI DSS), and is subject to periodic audits by a specialised consulting firm. All EveryPay services are made through secure connections with 256 bit SSL certificates. EveryPay also supports the capability to use the 3D Secure service, an additional security safeguard for VISA & MasterCard cards. The payer will then be required to enter their personal secret code to complete the transaction successfully .’
(d) To exercise higher standards of diligence in properly notifying Card Holders regarding charges made against Payment Cards or other Payment Instruments in consideration of the value of goods and/or services supplied, including any shipping costs.
(e) Payment Cards should not be used as a means of making cash withdrawals.
(f)Customers shall not impede use of the Card in their transactions, neither shall they set any commercial restrictions or conditions for the acceptance of the Card, such as purchase of a minimum quantity, or partial settlement of the price in cash.
(g) Customers shall not collect, maintain and/or process the authentication data or other details of the Card, or any other data or information related to the Transactions in any way, nor shall they disclose such details to third parties in any way, whether in the form of printed documents or stored in electronic format, and neither shall they use these data for any reason or purpose other than the execution of a specific Transaction and the operation of this agreement.
(h) Customers shall keep a file containing copies of the Transaction data, in order to be in a position to verify the charges and payment amounts attributed to the Company, and all documents related to it in particular, such that they can be made available for inspection at any time to EveryPay, subsequent to a respective request submitted in the context of enabling EveryPay or the Affiliated Businesses to meet their obligations, vis-à-vis the Bank of Greece and any other competent authority, as well as the International Card Organisations. The transaction documents that the Customer is expressly obliged to keep includes receipts issued by physical POS terminals, if the transaction has been executed in this manner. EveryPay may, depending on the type and nature of the Transactions of the Customer and his Business, require specific receipts for each transaction, and may notify the Customer in writing regarding such requirements at any given time.
(i) In any event, if the Customer stores data on customers, transactions, card holders and payment card details in electronic form, this must be done in compliance with PCI, DSS, and AIS security standards governing International Payment Systems.
(j) Customers must ensure that their website provides information and obtains consent from end Users/Payers for transmission and processing of their personal data in the context of this Agreement, and in accordance with the provisions of Regulation (EU) 2016/679 (GDPR).
(k) The Customer must also refrain from the following actions in the context of their cooperation with EveryPay:
(a) Accepting Payment Cards that have previously been reported as lost or stolen;
(b) Conducting or keying in any Transaction (real or fictitious) without the authorisation of the Card Holder;
(c) Violating the terms of any cooperation agreement between them and the respective card acceptance institution (including the COMPANY) that are not specifically covered by other reasons;
(d) Facilitating or causing interception or leaking of card and/or transaction data;
(e) Actions that may constitute money laundering in accordance with currently applicable legislation;
(f) Alteration of transaction amounts on Debit Notes issued during transactions;
(g) Self-financing through creation of fictitious transactions;
(h) Breaking down a transaction into multiple partial transactions;
(i) Giving incorrect information to the COMPANY or its agents;
(j) Conducting transactions invoking fictitious authorisations;
(k) Showing an excessive number of chargebacks or disputed transactions.
5. MAXIMUM TRANSACTION LIMIT
EveryPay retains the right to set a maximum limit on Transactions and shall notifying the Customer accordingly. Transactions for a sum higher than this limit may be completed only after the specific transaction has been approved by EveryPay. The maximum limit for Transactions can be set per Card, and EveryPay shall notify the Customer at the given time as appropriate. EveryPay reserves the right, at its discretion, to request additional information from the Customer in order to adjust their upper limits.
Transactions using the same Card conducted on the same day for a total value greater than the applicable maximum transaction limit, and for which no transaction authorisation has been granted, shall not be recognised as valid.
Breaking down the transaction value into partial payments, the sum of which exceeds the applicable Maximum Transaction Limit, shall be strictly prohibited. The breaking down of transactions in this manner will prevent their regognition as valid and shall entail the application of the previous term.
If a transaction exceeding the maximum transaction limit is completed, EveryPay shall not be obliged to make the respective payment to the Customer, and may block the amount in question. Any sums paid to the Customer shall be refundable by the Customer. With regard to the return procedure, the provisions of Clause III.7 below shall apply, entitled ‘RETURN PROCEDURE’.
6. SETTLEMENT OF PAYMENTS TO CUSTOMERS
At the close of each business day on which the payment is credited to its account, EveryPay shall credit the Customer's Account Balance with a sum equivalent to the Transactions carried out and cleared using EveryPay's Services during the previous day. Under exceptional circumstances, EveryPay may deviate from the above account crediting deadlines for reasons due to the systems or procedures of the Affiliated Businesses. EveryPay shall credit the Customer's Bank Account after it has received the payment amount from the Affiliated Business.
The time period indicated in the aforementioned article may be extended at any time, by simple written notification of the company to the Customer by e-mail, where any of the following cases apply:
(a) In the event of violation of the Terms by the User and for as long as this is under investigation by EveryPay, in accordance with applicable legislation in all cases.
(b) In the event that the Transaction amount has been blocked.
(c) In the event of Transactions that carry high risk for EveryPay and/or the financial system in general, such as for example, Transactions where payment is made by Card in relation to the provision of post-dated services (i.e. services that are not provided in their entirety at the time of payment and/or where their price is not initially settled in full, but which either have extended duration or are provided at a later date), and/or in case of sale of goods with later dates of delivery to final recipients, and/or up to a deadline that Customers themselves allow for final recipients to return products or withdraw from services offered.
(d) If a transaction has been disputed by the Payer;
(e) In the event that the Company has requested information from the Customer in accordance with the provisions of the last paragraph of Article II.4 above, i.e. a) transaction data; b) letters of compliance and/or solemn declarations of compliance or non-competition; and c) the conduct of sample checks.
(f) In such cases, that is, as mentioned above under (a), (b), (c), (d) and (e), EveryPay reserves the right to take appropriate and sufficient measures at its discretion, with the aim of securing the transactions, its business and/or that of the Affiliated Businesses, indicatively, but not restrictively, including blocking the amount credited to the Customer's Account, and making it available by releasing it in instalments in accordance with the service provision to which it relates until completion of provision thereof, and/or asking the User to provide other appropriate and satisfactory guarantees.
(g) In any case where the Customer has asked for and agreed on a different time for the clearing transactions with EveryPay.
EveryPay reserves the right not to recognise Transactions made in violation of the Special Terms and the Agreement in general. In this case, the refund procedure as provided for below in Clause III.7 (‘REFUNDS PROCEDURE’) shall apply.
The Customer must keep a file containing copies of Transaction data, in order to be able to verify debits and credits of the Account, and for the purposes of comparison with transactions carried out, as well as for the purpose of providing documentation in the event of returns requests, so that relevant copies thereof can be supplied to EveryPay as requested.
7. REFUNDS PROCEDURE
Α. Disputed transactions
In the event that EveryPay is made aware by the Holder of any dispute regarding a Collection Transaction for any reason (e.g. unauthorised, revoked, incorrect), the Customer is obliged to transfer funds for an amount equivalent to the disputed Transaction to EveryPay within the next business day after notification of the dispute, (or other deadline set by EveryPay at the latter’s discretion), and shall submit all data and information required to substantiate the completion, authenticity, validity and correctness of the Transaction. With regard to deposit of the returnable amount, the Customer expressly and unconditionally authorises EveryPay under this agreement to proceed with collection of the amount of the disputed transaction by debiting the Customer's Available Balance.
For the period commencing from the moment the Customer receives notification of the request calling the Collection Transaction into question until completion of the document verification process, an amount equivalent to the disputed Transaction may, at discretion of EveryPay, be blocked instead of being collected immediately, and the Available Balance shall be reduced by an equivalent amount.
If EveryPay considers that the Transaction has been adequately documented, the Blocked Amount shall be released, credited and added to the Available Balance at that time.
IfEveryPay considers that the Customer has not fully complied with the above obligation in a satisfactory manner and/or that the Transaction cannot be adequately verified on the basis of the evidence and information submitted, the blocked amount shall be charged as an amount to be returned to the payer beneficiary who has challenged the transaction, and the balance of the account shall be reduced accordingly.
If the Customer does not proceed to deposit the amount equivalent to the disputed Transaction, and the Available Balance is insufficient to cover the Blocked Amount for this or for any reason, any subsequent crediting of the account shall be used to cover the Blocked Amount by increasing the overall Balance (and not the Available Balance) until it is fully covered. This shall not preclude EveryPay from seeking settlement by other judicial or extra-judicial means.
Β. Refund of transaction amount
In the event of a request for refund of a transaction amount by the Customer due to cancellation or withdrawal from the Transaction, the above procedure shall apply mutatis mutandis. In the above context, EveryPay may request all data and information substantiating the cancellation or withdrawal from the Transaction, in accordance with the applicable provisions, contractual and legislative.
The Customer must notify EveryPay immediately in this respect and return to the Company any amount corresponding to the cancelled transaction or Card Charge Order or legal cause thereof, within one (1) business day, plus interest or expenses that may have been incurred by EveryPay, expressly and unconditionally authorising the Company to offset (in one single payment or installments) the amount to be refunded with any amount due to the Customer, and expressly and unconditionally authorising EveryPay to debit the Account directly with these amounts.
8. EveryPay FEES
The cost of transactions payable to EveryPay together with the relevant taxes are automatically deducted from Collection Transactions, in the amount chargeable for using the Services of EveryPay in accordance with these General and Special Terms before they are forwarded and credited to the Account.
The Customer shall be notified regarding completed transactions and the corresponding debits and credits against the balance and the available balance electronically via the Account.
EveryPay is not obliged to make payments to the Customer and the customer must refund EveryPay immediately and in accordance with the Return Procedure, as provided above in Clause III.7., any amount corresponding to a Transaction in which (separately):
(a) the goods were not lawfully delivered or received or were delivered late or improperly, or the services were not provided in whole or in part, or were provided incorrectly;
(b) the goods were returned due to withdrawal from the agreement;
(c) prior to receiving the goods, the consumer has declared that they wish to proceed with total or partial cancellation of the order for the goods or where the means of payment used to complete the Transaction was cancelled for any reason;
(d) there was a breach of the obligations undertaken by the Customer under the Agreement, as well as the Instructions with which they are obliged to comply.
(e) was not carried out by the lawful holder of the payment instrument used or authorised by them, with the burden of proof in this case falling on the Customer.
To this end, the Customer provides the explicit and unconditional authorisation to EveryPay to debit the Balance and deduct from the Account’s Available Balance, the respective amounts for any of the above reasons, offsetting them against any claims of the Customer against it.
The parties acknowledge and agree that the official accounting entries and/or entries in the Account made by EveryPay, pursuant to the Agreement and the Instructions, constitute full proof of what is owed by the Customer to EveryPay, which cannot be disputed by the Customer except due to obvious error.
Without prejudice to any more specific agreements and in any case supplementary to them, the EveryPay charge pricing policy, on which the cost of each transaction and payment service is based, are determined in accordance with the provisions in the respective section of this website.
EveryPay receives recompense for the provision of its payment services to the Customer. The aforementioned remuneration consists of a percentage of the nominal value of the transactions carried out pursuant to these Terms, and is payable in accordance with the specific agreements between the parties. The amounts agreed between the parties shall be charged together with any applicable VAT or other supplementary taxes, fees, or any other form of deductions in favor of third parties, which shall be borne exclusively by the Customer.
EveryPay is entitled to alter the above percentages, taking into account the Customer's consistency in complying with the provisions of these Terms and the relevant Instructions, the number and volume of transactions cleared through EveryPay, and the general competitive conditions prevailing in the market.
In case of a change in the rates of EveryPay's remuneration, the new rates will be duly notified to the Customer in writing and shall enter into force immediately/within seven (7) days after their receipt by the Customer, unless a later date is specified.
The Customer must accept or reject the new percentage fees within the deadline indicated in the previous Term. Lapse of the deadline without action implies the unconditional acceptance of the change.
EveryPay reserves the right to make additional charges for any chargeback against the Customer by a cardholder and/or for any refunds that need to be serviced, without prejudice to the more specific terms and agreements of the latter with EveryPay. This amount will be automatically deducted from the transaction amounts forwarded to EveryPay for the service.
9. CUSTOMER LIABILITY TO CONSUMERS
The Customer has sole care and bears exclusive responsibility for the completeness, truth and accuracy of the information provided to consumers regarding their products, their business itself and their business activity provided and/or published in any way.
EveryPay bears no liability with regard to the Customer's compliance with their obligations towards consumers deriving from applicable legislation, including provisions pertaining to consumer protection, remote transactions, and personal data protection with which the Customer must comply in their transactions with each consumer.
The Customer acknowledges and accepts that, pursuant to Articles 4 and 4a of the Law 2251/1994, in the case of remotely-concluded contracts, the consumer has the right to withdraw from the Transaction without cause, within fourteen (14) days from the date of receipt of the Product ordered, unless a longer deadline has been agreed, with the return of the Product in its original condition as far as possible depending on the nature of the Product and in accordance with applicable legislation, with no expenses being chargeable to the consumer apart from the costs of return. In this case, the Customer must refund the price of the Transaction within thirty (30) days.
The Customer must supply the products without actual or legal defects or deficiencies promptly and within the appropriate deadlines, and with due diligence, taking every care to protect consumers and their declared intentions.
EveryPay bears no liability for failures by the Customer to fulfill orders from their consumers/customers, for failures to deliver or supply, or improper and/or late delivery or supply of products, or the presence of defects, or absence of the agreed properties of products ordered. Any dispute or doubt regarding this shall be resolved exclusively between the Customer and the other interested party (the final consumer/customer).
Transactions pertaining to products falling within the categories included in the list of ‘Unacceptable Customers’ below are prohibited from completion via EveryPay. If it should be established that a Customer has carried out a Transaction in violation of this prohibition, the provisions on ‘Refunds’ shall apply mutatis mutandis and EveryPay may discontinue services provided to the Customer without further notice.
10. UNACCEPTABLE TRANSACTIONS & CATEGORIES OF CUSTOMER
In accordance with its Acceptable Customer Policy, EveryPay shall not provide Payment Services for the following categories of businesses, products or services.
Any person requesting EveryPay PAYMENT SERVICES solemnly declares that they do not belong to any of these categories.
1. Casinos and betting companies operating without a licence or supervision, including online gambling companies;
2. Virtual banks and financial services providers without legal licences;
3. Legal or natural persons providing pawnbrokingservices.
Unacceptable categories of products or services
Examples
Weapons
Firearms, ammunition, and other items including but not limited to firearms, concealable or detectable or switchblade knives, martial arts weapons, silencers, ammunition, weapons and tear gas.
Pyrotechnic devices and hazardous materials
Fireworks and similar products. Toxic, flammable, and radioactive materials and substances, gunpowder and explosives.
Pornographic material and services
Pornography and escort or dating services.
Pornographic material containing images of minors or content that may be construed as paedophilia.
Narcotic drugs and parapharmaceutical preparations
Narcotic drugs and narcotic substances and drug accessories, including psychoactive and herbal medicinal products such as salvia, or magic mushrooms and materials promoting their use. Substances not legally prohibited, including plants or herbs, that through ingestion, inhalation, extraction may have the same effect as an illegal drug, or any substance or compound otherwise used to this end.
Gaming / gambling
Lotteries, sports betting without a legal license, participation registering for online games, and any other similar related content.
Electronic banking products and services
Electronic money cards and related products and services.
Precious materials
Mass sales of rare or precious metals or stones.
Prescription drugs and medical devices
Medicines or other products requiring prescription by an authorised physician or veterinarian. Medical devices requiring special licences for distribution. Drugs under testing as supplements.
‘Miracle’ cures
Unproven treatments or other items promises easy healthcare solutions.
Mass marketing tools
Mailing lists, software, or other products that facilitate unsolicited emails (spam).
Animals & seeds
Animal parts, blood, or fluids and toxic weeds. Any seeds or other organisms that are prohibited (including derivatives thereof) that are endangered or protected by law.
Intellectual property rights and software
Copies of books, music, movies, and any other unauthorised material, including copies thereof. Unauthorised copies of software, video games, etc.
Forgeries or counterfeit goods
Copies or imitations of designer items or other goods and objects. Uncertified celebrity autographs. Fake copies, coins, stamps, tickets etc.
Devices or techniques for circumventing technical protection measures
Mod chips or other devices designed to circumvent technical protection measures for digital devices, including unlocking iPhones.
Financial or other products, services and mortgage-backed securities
Investments, refinancing or transfer of non-collectible debt, stock market disbursements, payment orders, traveller’s checks, stocks, bonds or other related financial products, shares of collective investment associations, credit services, services regulated or prohibited in accordance with applicable law.
Government issue identity cards, documents, or uniforms
Government issue identity cards, passports, diplomas, titles of nobility, as well as uniforms.
Hacking and cracking material
Manuals, guides, information or equipment in violation of the law that causes or permits unauthorised access to software, servers, webpages or other protected items.
Human parts
Organs or other parts of the body, body fluids, stem cells, embryos.
Stolen goods
Materials, products or information for the promotion of illegal goods or illegal acts, movement of goods not owned or over which there are no legal rights to sell, including products manufactured in violation of the rights of third parties. Contraband goods and motor vehicles subject to transfer restrictions. Goods recorded in public registers (including fixed assets) the transfer of which require formalities that cannot lawfully be completed online.
Illegal telecommunications equipment
Aids intended for the acquisition of cable and satellite signals free of charge. Cable descramblers and black boxes, access cards, smart access cards and unloopers, illegal tools or products for modification of mobile phones and other devices deemed illegal by the competent regulatory authorities of the country where such goods are offered for sale.
Multilevel marketing and wealth creation programs
Multilevel marketing (including online payment randomisers), vectors, pyramid and Ponzi schemes, wealth creation programmes, and any other similar programme.
Offensive merchandise
Goods, literature, products or other materials that:
• Defame or slander any person or groups of people based on race, ethnicity, national origin, religion, gender or other characteristics.
• Defame or slander any person or groups of individuals protected from defamation or slander by applicable legislation.
• Material that encourages or incites acts of violence.
• Material that promotes intolerance and hatred.
• Material that encourages or supports participation in terrorist groups or other organisations prohibited by law.
• Material that promotes revisionist theories prohibited by applicable legislation.
• Material that violates moral norms.
Criminality
Photographs, images, or items, including personal belongings, associated with criminals or criminal acts.
Regulated merchandise
Airbags, batteries containing mercury, freon or similar refrigerants, chemicals and industrial solvents. Medical procedures. Car ownership titles, car licence plates, police insignia, medical devices, pesticides, insecticides, etc.
Protected cultural objects and works of art
Material covered by the 1970 UNESCO Convention of on prohibition and prevention of illicit imports, export and transfers of ownership of cultural property, as well as of any other associated goods, the sale, export or transport of which is restricted by law. Artifacts, cave formations (speleothems, stalactites, stalagmites etc.) and tombs related to items protected by national and federal laws.
Traffic devices
Radar jammers, signs, traffic signal converters and other related products.
Academic works and test-taking services
Dissertations and academic papers. Offers of test-taking services.
11. MARKETPLACE PAYMENT SERVICES
If you register in order to receive payment services/payments through sales and/or provision of services through a third party website/store (marketplace) with which EveryPay has contracted for this purpose, in the context of your respective contractual obligation with a third party, these terms shall apply mutatis mutandis, adapted to the specific services you wish to receive.
As recipients of payment or payment services through a marketplace, you accept that the specific agreements between EveryPay and the third party with whom you have contracted for the sale of your products or provision of services through its website or marketplace store shall prevail over this agreement, and in particular (indicatively and not restrictively) as far as the process of identification and verification of identity are concerned, termination (Articles 3, 4, 15 of the General Terms), as well as the procedure and time limits for clearance of the transaction, settlement, returns and payment of fees procedures (Articles 6, 7, 8 of the Special Terms).
When receiving payment services through a third party website or marketplace, you accept and consent to the transmission of orders for your payment by the third party in accordance with the specific agreements, and to the transmission of your identification/verification data.
Lastly, you agree and accept that when receiving payments under the terms of this Article, the following Articles of Law 4537/2018 (and Directive 2015/2366/EC) may not apply when using this service: 62(1), 64(3), 72, 74, 76, 77, 80 and 89.
12. MARKETPLACE PAYMENT SERVICES VIA SUBSCRIPTION
If you register to receive payment services/payments through sales and/or provision of services for which a monthly or annual charging system for the respective service has been agreed, you are furthermore accepting the following:
Throughout the period of receipt of the relevant services from EveryPay, you are obliged to have provided the details of a valid Credit/Debit card in your name which carries a balance sufficient to cover each charge for services received by you on the respective date.
You shall consent and accept that the details of this Card, i.e. card number, bank or issuing organisation, expiry date, card holder’s name and CCV shall be securely stored in the Everypay system throughout the period during which Services are provided.
You shall consent and agree that, at the agreed points in time, your Card will be charged with the payable amounts agreed between us for the receipt of the Payment Services you have chosen and you unreservedly give your approval and instruction to this effect.
In the event that the Card you have declared and consented to storage of its details and charges as above ceases to be valid, or is for any reason unable to cover the attempt by EveryPay to charge it for the agreed contractual amount, this shall constitute cause for immediate suspension of the services provided to you. Furthermore, if the Card is not replaced with a valid card within three (3) working days, this shall constitute material cause for termination of the agreement on the part of EveryPay. Termination shall be made effected by email sent to the address that you have provided.
13. RECEIPT OF PAYMENT SERVICES UNDER ARTICLE 4(3C) OF LAW 4537/2018 (Cash-on-Delivery Transactions)
If you register to receive (either exclusively or in combination with other payment services) payment services under Article 4(3c) of Law 4537/2018, the terms of this Article shall apply (separately and/or in addition to the other Terms, depending on the circumstances).
The term payment services under Article 4(3c) of Law 4537/2018 or Cash-on-Delivery (‘CoD’) services is defined as the provision of payment services by EveryPay for any transaction where the crediting of the Customer's Account is not done electronically by debiting a card, but by any legal means to achieve the deposit of funds in EveryPay Bank Accounts for payment services provided to the Customer. By using the service you accept that these transactions shall be governed and comply with the legal framework set out (indicatively but not restrictively) by Laws 4446/2016, 4537/2018 and other provisions such as Circular POL.1079/6-4-2015.
EveryPay reserves the right to refuse to execute a payment service based on this article to the Customer, if the flow of funds is contrary to the restrictions set by the applicable legal framework. Accordingly, you shall accept that for the provision of this service, cash flows shall be effected primarily through the collection of cash on delivery by courier companies which, based on Article 65(2) of Law 446/2016 and Bank of Greece Decision 710/2014, may offer cash on delivery services. This may also be carried out in any other legal way which complies with applicable provisions.
The funds will be deposited to EveryPay on behalf of the Customer in the respective bank accounts of EveryPay as indicated at any given time.
You further accept that when transfering funds to EveryPay's bank accounts in compliance with the manner and conditions of service pursuant to this article, you shall be obliged to comply with the instructions issued and notified to you by EveryPay regarding the proper identification of each transaction.
Article 6 above shall apply mutatis mutandis to transactions referred to in this Article, in so far as they obviously apply with regard to the origin of funds supporting such transactions.
Different settlement times or different charging rates may be agreed between EveryPay and the Customer for the type of transactions referred to in this article.
Given the nature of the transactions referred to in this Article, Article 7 above shall apply only in addition and supplementary to any legal provision applicable to the underlying relationship between the Customer and the payer.
In no case shall EveryPay bear any liability towards the recipient of the service, or the buyer of the product or with regard to the underlying origin of the initial transaction related to the payment service referred to in this Article, apart from the transmission of funds to the beneficiary(ies) in accordance with the instructions of the Customer.
14. SOFT POS TRANSACTIONS
14. 1. Preamble - Subject matter of these General Terms and Conditions
14. 1.1 These General Terms and Conditions for the use of payment services related to the acceptance of payments through the EveryPay SoftPOS Mobile Application for Android smartphones (hereinafter referred to as the SoftPOS Terms) apply in parallel and in addition to the above Terms of Provision and Use of the EveryPay System and Services.
14. 1.2 The SoftPOS Terms set out below constitute a contract between the company ‘EveryPay Payment Services Single Member Société Anonyme’ (hereinafter: ‘EveryPay’ or ‘the Company’ or ‘We/Us) and you (hereinafter: ‘the Customer’ or ‘You’) and govern your acceptance of payments using the EveryPay SoftPOS Application.
1.3 In order to use the payment services provided by EveryPay through the SoftPOS mobile phone application, you must first fully accept these SoftPOS Terms. By registering and using the EveryPay SoftPOS App you confirm that you have read, understood and unreservedly accept them.
1.4 Your acceptance of these SoftPOS Terms will be given electronically via your electronic declaration. Customers shall, via their legal representatives, confirm their acceptance of these Terms during the registration and installation of the EveryPay SoftPOS App on their mobile devices. Your acceptance of the SoftPOS Terms during the registration process shall have the equivalent effect of an electronic signature within the meaning of the applicable terms, and you accordingly accept that the legal effects of the electronic signature thus affixed by you are equivalent to those of a verified authentic signature. Please read these SoftPOS Terms carefully and keep a copy of them for your records.
14.2 Scope of SoftPOS Terms – Registration Procedure
14.2.1: The SoftPOS Terms govern the commission to You by EveryPay and the use by You of the EveryPay SoftPOS application, in order to carry out payment transactions with your customers in the context of your legitimate business activities, using payment cards (credit, debit, prepaid or other cards) and other means of payment, provided that you have concluded and maintain an active contract for the use of the application for acceptance of card payment transactions with EveryPay.
14.2.2 The completion of your registration and the installation of the application on your mobile devices does not imply the conclusion and existence of an active contract nor does it oblige EveryPay to provide you with payment services through the EveryPay SoftPOS Application.
14.2.3 Consequently, the Agreement shall enter into force only after the successful completion of Your registration, receipt of confirmation by EveryPay of the activation of Your Agreement, and the provision of Your Login Authentication Codes.
14.2.4 A prerequisite for the successful completion of your registration is the identification and verification of the details of your business, its legal representatives and its beneficial owners, based on the procedure that will be communicated to you and the provision of the data and documents which will be requested for these purposes in accordance with regulatory obligations, the applicable legislation, and the internal policy of the company. EveryPay, as a supervised Payment Institution, reserves the right to change the process of registration, identification and consent/acceptance by the Customer at any time, depending on the regulatory obligations and the applicable legal framework governing its operation and internal policy at the given time.
14.2.5 EveryPay reserves the right, at any time throughout the valid term of your contract, in accordance with applicable legislation, to request that the Customer should provide further information/identity documents/evidence of legal status, at its discretion and in application of its policies and procedures or individual measures taken for the verification and identification of Customers.
14.2.6 Throughout the valid term of the Agreement, for as long as certification and/or verification of the Customer's data remains outstanding, the later accepts and acknowledges that the Company will be unable provide any form of service.
14.2.7 The Company reserves the right, in compliance with regulatory controls or in the course of its internal audit procedure and in the context of its compliance with legislation on the prevention and suppression of fraud and money laundering and terrorist financing and/or related prevention and control procedures, either to approve the Client's registration and/or during the term of the contract to request additional information wherever deemed necessary. In the case of failure to comply or respond on the part of the Customer with the above arrangements, the Company reserves the right to temporarily or permanently discontinue the provision of Services to the Customer.
14.2.8 Activation of the Agreement and acceptance by EveryPay with the issue of your Authentication Codes in order to use the card payment transaction App is at the sole and discretion of EveryPay. Any rejection of your application for registration will be notified to you by email at the email address you provided when registering.
14.2.9 EveryPay has no obligation to justify or notify you regarding the reasons for rejecting your application, nor does rejection of your application give rise to any resulting right or claim.
14.2.10 Any failure to respond to requests from EveryPay during the registration process (onboarding) for a period of more than two (2) months from commencement thereof shall entitle EveryPay to reject your application and suspend the registration process.
14.3 Transaction Security – Technical Specifications
14.3.1 Each SoftPOS provided by EveryPay under the Agreement is compliant with the mandatory instructions and regulations of the competent Greek supervisory authorities (such as the Bank of Greece) and is certified and/or compatible with the international payment systems as announced by EveryPay (including via its website) at any given time (currently, VISA, MasterCard), as well as with the Payment Card Industry Data Security Standard (PCI DSS).
14.3.2 In order to use the SoftPOS application, a mobile phone or equivalent device with an Android 8.1 operating system (or later) is required.
The Customer undertakes to ensure that the User’s device meets the following minimum requirements:
• The device operating system must be Android 8.1 or later;
• The device must be equipped with an NFC antenna;
• The operating system and device components must be updated in accordance with the manufacturer's specifications, and free of any malicious code or viruses or any applications that might compromise SoftPOS automatic security checks (e.g. antivirus, remote device management software);
• The manufacturer's security restrictions must not have been changed (i.e. jailbreaking or other procedures permitting restrictions imposed by the device manufacturer to be circumvented should not have been used);
It is emphasised that the above specifications are those in force at the time of your registration and are indicative. The content of this Article 14.3.2 is subject to changes as set out in Article 14.3.3.
14.3.3 EveryPay reserves the right, depending on technological advances and developments in the field of security, to unilaterally and without explanation, to modify the minimum technical specifications of devices and/or the operating systems that they use. Your inability to use the Application due to a change in specifications and your non-compliance with them, does not give rise to any right or claim against EveryPay.
14.3.4 A prerequisite for using the SoftPOS service is the ability to connect your device to the internet. EveryPay shall not be held liable for any defective operation of the automated electronic communications network used in service of this Agreement or by extension the electronic communication between the parties, due to delays, errors or technical failure of the telecommunications network or the Customer's equipment or the services of a third party, such as, indicatively, the internet access service provider.
14.3.5 EveryPay has taken every possible measure to protect the software of the SoftPOS service and the EveryPay System in general, as well as the automated electronic communications network servicing this Agreement against virus infection, but cannot guarantee the complete absence of viruses and bears no liability in the event of any loss or damage to equipment, programmes or files or other harm caused to the Customer due to a virus.
14.3.6 The EveryPay SoftPOS App and the SoftPOS Service are characterised by constantly evolving technology. Accordingly, EveryPay reserves the right, unilaterally and at any time, to modify the features of the EveryPay SoftPOS App and the SoftPOS Service, as well as the tools linked to the use thereof. Any such change may be notified to the Customer by means including the EveryPay website.
14.3.7 EveryPay may modify the technical characteristics, systems and resources of the EveryPay SoftPOS Application and the SoftPOS Service as a result of the regular technological evolution of hardware or software, whilst ensuring the same functionality for the Customer.
14.4 Term of Agreement – Use of SoftPOS
14.4.1 The use of SoftPOS will be activated by downloading the relevant application according to the instructions sent to You by email and/or to the mobile phone number you submitted during registration.
14.4.2 The licence to use the SoftPOS Application shall be granted to you for a minimum initial period of one year from the date of registration (onboarding), with activation of your Agreement and the issue of your Access Passwords (the ‘Initial Term Agreement’).
14.4.3 On expiry of the Initial Term Agreement, the licence of the SoftPOS Application will be automatically renewed for an equivalent period of time under the same terms and conditions, unless EveryPay or You object to such renewal by respective written notification at least 30 days before the expiry of the contractual term or any subsequent renewal thereof.
14.4.4 The use of SoftPOS will be available to You for as long as it is supported by the respective payment systems.
14.5 General Terms of Use of the SoftPOS Application:
14.5.1 The downloading and installation of the Application and the use of SoftPOS by you is subject to the specific terms and conditions set out herein.
14.5.2 The EveryPay SoftPOS Application and use of the service are intended solely for your own exclusive use in the context of your legitimate business activities, in order to carry out payment transactions with your customers using payment cards (credit, debit, prepaid or other cards). Any use violating the Terms of Provision and Use of Services and the EveryPay Systemfor products and services in categories deemed unacceptable as referred to therein is expressly prohibited.
14.5.3 The granting of the use of the EveryPay SoftPOS Application to any third party without the prior written consent of EveryPay is expressly prohibited, and shall be considered an inappropriate and prohibited use of the EveryPay SoftPOS Application.
14.5.4 The EveryPay SoftPOS App is intended and compatible exclusively in connection with an active Card Acceptance Agreement between you and EveryPay. Any other use of the EveryPay SoftPOS Application in relation to card acceptance services by any other provider of similar or related services other than EveryPay (without the prior written consent of EveryPay), is expressly prohibited and shall be considered an inappropriate and prohibited use of the EveryPay SoftPOS Application.
14.5.5 Unless otherwise agreed in writing, installation and use of the EveryPay SoftPOS App using your Access Codes can only be done on a single device. Use on more than one device shall constitute improper use of the EveryPay SoftPOS App and is prohibited.
14.5.6 The EveryPay SoftPOS App is only for use within Greek territory.
14.6 Obligations of the Customer with regard to card acceptance
14.6.1 The Customer shall accept all valid MasterCard International and Visa cards when presented by their holders for payment for products and/or services.
14.6.2 Unless otherwise specified by EveryPay, the Customer shall not set minimum or maximum limits for accepting cards in sales transactions for products or services provision for any card whatsoever.
14.6.3 The Customer shall not proceed with card acceptance transactions if the person wishing to charge their card fails to present it so that the Customer is able examine it and use the physical card to complete the transaction.
14.6.4 The Customer shall not proceed with card acceptance transactions if the person wishing to charge the card is not the cardholder.
14.6.5 The Customer shall comply with a policy that does not discriminate to the detriment of Cardholders on any grounds, and shall accept all valid Cards when properly presented for payment, provided that the transaction is lawful.
14.6.6 In addition to the obligations of the Customer arising from the general Terms of Provision and Use of the EveryPay System and Services when using the SoftPOS service, they are also obliged to follow the rules of the ‘International Card Organisations or Schemes’. Any violation of these rules shall result in the immediate deactivation of the service provided and the attribution of fines, additional charges, and any other steps that the ‘International Organisations or Schemes’ may attach to such violations by the Customer.
14.7 Special Terms of Use of the EveryPay SoftPOS Application
14.7.1 Definitions:
‘EveryPay SoftPOS App’: The application/software which is available online and supplied by EveryPay in APK format. Downloading and installation on the User Device is a prerequisite for use of the EveryPay SoftPOS Service.
‘Authentication Login Codes’: means the user name, password provided by EveyPay and/or any information or biometric data (including fingerprints registered through devices equipped with Touch ID sensor technology) and any other method of accessing the EveryPay SoftPOS service.
‘User Device’ means the smartphone or tablet selected by the Customer for installation and use of the EveryPay SoftPOS App.
‘EveryPay SoftPOS Service’ means the service that permits acceptance of only contactless payment transactions or payment cards and the management of such transactions through the EveryPay SoftPOS Application.
14.7.2 Use of EveryPay SoftPOS Service:
14.7.2.1 Access to the EveryPay SoftPOS Application is facilitated through the Authentication Login Codes generated by EveryPay and sent to the Customer via email. The Customer undertakes to keep, store, use and maintain the Login Codes confidential with the utmost care and diligence, in order to avoid the use of the SoftPOS by unauthorised third parties. The Customer assumes liability for any losses suffered by EveryPay or third parties cooperating with it due to leaking of the Login Codes for any reason or as a result of their use by persons not authorised by the Customer or by authorised persons using them in violation of the terms of Service.
14.7.2.2 The Customer agrees to use the EveryPay SoftPOS Service through a single User Device only, and to comply with all provisions of these terms. If the User Device supports fingerprint recognition technology or other authentication methods based on biometric data, the Customer must verify that the fingerprints (or other biometric data) are those exclusively recognised by the User Device for the purpose of using the EveryPay SoftPOS Service.
14.7.2.3 EveryPay reserves the right to modify, suspend or discontinue the SoftPOS Service, or any part thereof, at any time, with and without warning. The Customer agrees that EveryPay shall bear no liability towards them or to any third party for any such modification, suspension or discontinuation.
14.7.3 Activation and Use of EveryPay SoftPOS Service
14.7.3.1 After the successful completion of your registration, receipt of the respective confirmation from EveryPay that your Agreement has been activated, and the issue of your Authentication Login Codes enabling you to use the EveryPay SoftPOS Service, you will be able to proceed with the following actions:
• Acceptance of digital payments by accepting presentation of a card (card present transactions);
• Collection of PIN numbers to finalise payment transactions when and if required;
• Issue of digital payment receipts via the available sharing tools, in accordance with special terms and charges that may apply depending on the method of transmission;
• View all transactions made and retrieve payment receipts;
• Cancellation and reversal of transactions in accordance with the applicable terms currently in force as notified to you at any given time.
14.7.4 When using the EveryPay SoftPOS Service, the Customer refrain from the following actions:
• Accepting payment cards that they know to have previously been reported as lost or stolen;
• Conducting or keying in any transaction (real or fictitious) without the authorisation of the card holder;
• Violating the terms of any cooperation agreement between them and the respective card acceptance institution, including the EveryPay, that are not specifically covered by other reasons;
• Facilitating or causing interception or leaking of card and/or transaction data;
• Actions that may constitute money laundering in accordance with currently applicable legislation;
• Distortion of the transaction amounts on the debit slips issued in transactions;
• Self-financing by creating fictitious transactions;
• Breaking down a transaction into multiple partial transactions;
• Providing inaccurate information to EveryPay or its agents.
• Conducting transactions that invoke fictitious authorisations;
• Excessive number of chargebacks/ disputed transactions.
14.7.5 The Customer must immediately inform EveryPay in writing of any incident that may violate the security of transactions, such as indicatively (and not restrictively) loss or theft of the device on which the application is installed, leaking of security codes or Authentication Login Codes.
14.7.6 EveryPay is authorised to update EveryPay SoftPOS App and the Customer should regularly check via the User Device for any updates, and undertakes to proceed with installation of any updates without undue delay.
14.7.7 EveryPay may temporarily suspend the availability of the EveryPay SoftPOS Service for short periods of time, to the extent required for system maintenance or other operational reasons.
14.8 Financial Terms:
14.8.1 Your financial terms and obligations in relation to the provision of the service and remuneration of EveryPay shall be communicated to you during the registration process, in accordance with the applicable pricing policy of EveryPay, or at its sole discretion and in accordance with its internal customer evaluation and pricing policy.
14.8.2 Breach on your part of your financial obligations shall result (at the sole discretion and discretion of EveryPay) in the suspension or termination of use of services until you have complied with your obligations, and/or lead to the final termination of services and cancellation of the contractual relationship for which you shall be regarded as culpable.
14.8.3 Indicatively and not restrictively, breaches of your financial obligations may include failure to meet any of your financial obligations for the use of the service, the existence of debts from commercial claims, transaction disputes, transaction reversals, fraudulent transactions, fines and/or additional charges that may have been imposed by card schemes for violation of the rules of use.
14.8.4 EveryPay reserves the right (in addition to any other rights arising herefrom) to impose an additional charge on you in the event that you activate the service but do not use it to cover the costs of the activation process.
14.8.5 EveryPay reserves the right to adjust the financial terms of the service unilaterally and at any time, notifying you in writing thereof by email sent to the address you declared during registration. In the event of a change in the financial terms of service provision and EveryPay's percentage fees, the new financial terms shall enter into effect within seven (7) days after their receipt by the Customer, unless a later date is specified. The Customer shall be obliged to accept or reject the new financial terms within the deadline indicated in the previous sentence. Lapse of the deadline without action implies the unconditional acceptance of the change.
14.8.6 It is understood that with regard to financial transactions that are the subject hereof, the provisions of the applicable tax and related legislation regarding the issuance of documents, imposition of taxes, fees, and charges shall apply.
14.9 Customer Dashboard
14.9.1 Within the framework and for the purposes of the Agreement, EveryPay shall at no additional cost (after completion of registration and activation of the Agreement), provide the Customer with access to a special dashboard that can be accessed online (the ‘Customer Dashboard’).
The Dashboard will give you access to information regarding the payment transactions you make through the use of the EveryPay SoftPOS device and the App. The functionalities and exact specifications of the tools made available to You from time to time through the use of the Customer Dashboard, including details of the information available to it, shall be accessible for a predetermined period of up to two (2) years.
14.9.2 EveryPay reserves the right to modify the services provided through the Customer Dashboard at any time, or to make additional services available, or to remove certain functions, or to suspend its operation completely, at its sole discretion.
14.10 Intellectual Property Matters:
14.10.1 EveryPay grants the Customer non-exclusive rights to use the EveryPay SoftPOS App. The Customer acknowledges and accepts that the EveryPay SoftPOS App, including source codes and any amendments, developments and upgrades or improvements made by EveryPay (or its affiliated third party providers), including related documentation and all rights to financial benefit from use thereof, remain the full and exclusive property of EveryPay (or to any third party that has granted the relevant licence to EveryPay).
14.10.2 The Customer undertakes to use the EveryPay SoftPOS Application in accordance with the intellectual and/or industrial property rights of EveryPay (or any third party, as the case may be).
14.10.3 Any trademarks, logos, names and other distinctive features or other material that are the subject of intellectual and/or industrial property rights owned by EveryPay (or any third party that has granted respective licence to EveryPay) and made available to the Customer through the EveryPay SoftPOS Application, shall be used by the Customer in accordance with these rights. The Customer hereby undertakes the obligation to recompense and relieve EveryPay from any damages it may suffer due to potential violation on its part of these rights.
14.11 Liability of EveryPay - Force Majeure
14.11.1 EveryPay shall not be liable to the Customer in the event of failure to comply with its obligations under the Agreement for reasons that cannot be attributed to it and do not fall under its sphere of responsibility or liability, including any events beyond the control of EveryPay (force majeure events). Article 17 of the Terms of Provision and Use of EveryPay Services and System also applies to the EveryPay SoftPOS Application.
14.11.2 EveryPay shall not be liable to the Customer for any damage or loss caused due to improper or prohibited use of the EveryPay SoftPOS Device or Application in violation of the Agreement.
14.11.3 In any case, EveryPay's liability shall be limited to a maximum amount equivalent to the total fees and commission received from the Customer for the provision of payment services through the Application and the EveryPay SoftPOS Service for a period of three months prior to the loss-causing event (or proportionate thereto).
14.12 Termination
14.12.1 EveryPay also retains the right (in addition to the provisions of the General Terms of Use of the EveryPay System and Services) to terminate in case of the breach by You of any term of the Agreement, all of which are considered material (including, without limitation, breach of the provisions for proper use of the Device as indicated above or other improper use of the Device), which (where remedy is feasible) you have made no attempt to remedy within fifteen (15) days from receipt of the respective notification from EveryPay, or where the Card Acceptance Agreement between You and EveryPay has been terminated for any reason.
14.12.2 If this Agreement is terminated for any reason:
• EveryPay and the Customer are exempt from further performance of obligations under the Agreement, without prejudice to any rights and claims that have arisen prior to termination;
• All services provided to the Customer under the Agreement shall be discontinued;
• The Device and the Customer's access to the EveryPay SoftPOS Application shall be deactivated.
14.13 Personal data - Confidentiality
14.13.1 EveryPay and the Customer undertake to maintain confidentiality regarding the confidential information of the other party, including the obligation to comply with Regulation (EU) 679/2016 regarding protection of personal data disclosed to them and processed during the term of the Agreement.
14.13.2 The processing of personal data by EveryPay concerning You, your staff and/or your representatives for the purposes and in the context of the Agreement between us, as well as any relevant information that EveryPay is required to provide to you in its capacity as an independent processing controller, is regulated by EveryPay's Privacy Policy which can be access here: https://www.EveryPay.gr/gr/legal/privacy-policy
14.13.3 The processing of data related to payment transactions made by the Customer through the use of the EveryPay SoftPOS Application undertaken by EveryPay in accordance with the terms of the Agreement shall be carried out by EveryPay in its capacity as Data Processor on behalf of the Customer, or as an independent Controller, depending on the relationship in question. EveryPay shall process such data in the interests of meeting its obligations under the Agreement, in compliance with the law and its regulatory obligations, and for any other processing purpose selected by the Customer using their Customer Dashboard, any other form of processing of the aforementioned information being prohibited.
14.13.4 Throughout the processing of such personal data, EveryPay is obliged to comply with its respective obligations under the General Data Protection Regulation (EU) 679/2016 (GDPR), and the relevant provisions of other applicable legislation.
14.14 Amendments
14.14.1 EveryPay reserves the right to unilaterally amend these Terms, including for reasons associated with technological developments. Any such amendment shall be notified to you in advance (by means including the EveryPay website).
15. PROVISION OF SERVICES UNDER ARTICLE 4, PAR 3 items g’ AND h’ OF LAW 4537/2018
In the event that you register to use (either exclusively or in combination with other payment services) payment initiation services under Article 4, paragraph 3 (g) of Law 4537/2018, the terms of this article will apply (alternatively and/or in addition to the other Terms (as the case may be).
The term payment initiation services under Article 4, paragraph 3g of Law 4537/2018 means the service for initiating a payment order upon request of the payment service user in relation to a payment account held with another payment service provider.
Furthermore, EveryPay provides account information services under Article 4, paragraph 3 (h) of Law 4537/2018 and, if you choose to use them (either exclusively or in combination with other payment services) these terms will apply (in addition to and/or in addition to the other Terms (as the case may be).
The term account information services means the online service for the provision of aggregated information on one or more payment accounts held by the payment service user either with another payment service provider or with more than one payment service provider.
By using the above services, you accept that these transactions must be governed by and comply with the legal framework established (indicatively and not restrictively) by laws 4446/2016, 4537/2018 and other provisions. EveryPay reserves the right to refuse to perform a payment initiation service and/or communication session of account information based on this article to the Customer if the flow of funds is contrary to the restrictions set by the applicable legal framework or in the event that the relevant regulatory and legal framework has been violated.
When performing the above services, EveryPay applies transaction monitoring mechanisms that allow it to detect unauthorized or fraudulent payment transactions, for the purpose of implementing the security measures of Delegated Regulation (EU) 2018/389, with which it complies. In addition, it is committed to dealing with all incoming requests transmitted to it, without discrimination, unless this is justified for objective reasons.
Β. ELECTRONIC MONEY SERVICES
The following terms apply in addition to the General and Special Terms of Use, under Parts II and III above.
EveryPay, by virtue of the Electronic Money license it has received from the Bank of Greece (decision 508/3/26-7-2024 - Government Gazette 4471 B/31-07-2024), provides the following services to its Customers:
• Card payments and money transfers;
• Issuance of debit cards (Mastercard);
• Top-up of account (e-wallet)
• Payment initiation services
• Account information services
The Customer is free to decide which of these services available to use (any or all of them). Terms and conditions governing the services provided will be made available to you prior to your registration.
1. EveryPay E-WALLET
The Customer may choose to open an account with EveryPay using the EveryPay e-wallet service, which will have the ability to top up with e-money, register and make payments and view account information at other banking institutions (when this service is available). For each EveryPay e-wallet (merchant, not consumer), an EveryPay debit Card is issued.
The use of the EveryPay e-Wallet is subject in each case to the respective restrictions, depending on whether it is a Consumer Wallet or a Merchant Wallet.
EveryPay may, at its discretion and at various intervals, provide an account top-up bonus or reward programms. Any special terms of a reward program may also be disclosed at the time of their provision. EveryPay may, but is not obligated to, provide or continue to provide the above reward, which EveryPay is entitled to discontinue at any time and without justification.
2. USE OF THE EveryPay CARD (For Merchant Wallets Only)
Each EveryPay debit card (EVP Card) issued corresponds to the Customer's EveryPay account. The Card is a Mastercard® debit card and is valid until its expiration date, which is visible on the front of the Card or in the photo of the EVP Card provided on the digital cards.
To activate the EVP Card, the Customer must enter the management environment (web cabinet) and register the eight-digit identification token that he will have received as well as his telephone number. In this way, the EVP Card is activated, the Customer's digital wallet corresponding to his Card is opened, and he now also has the corresponding IBAN for the EveryPay account that he has opened.
The Customer must:
• Not allow a third party to use the EVP Card.
• Not reveal his PIN and/or Password.
• Do not write down your PIN, unless it is done in a way that would make it impossible for someone else to recognize it.
• Delete the PIN from your mobile phone when you receive it.
• Only use your EVP Card, its number, PIN or Code to make (or attempt to make) a transaction with a merchant or ATM that displays the Mastercard® acceptance mark.
The Customer can use the EVP Card at all locations that display the Mastercard acceptance mark: for purchases in physical stores – including contactless ones, as well as for purchases via the Internet and telephone. High risk Merchant Category Codes and transactions with/in high risk countries are excluded.
The Customer may also register the EVP Card with Apple Pay and Google Pay and receive cash back when making purchases in physical stores, however it cannot be used for other cash transactions, such as withdrawing cash from a bank and purchasing traveler’s checks or foreign currency from a currency exchange. Limits and fees apply.
The EVP Card is automatically registered for Mastercard authentication for enhanced security purposes. When using the Card for online purchases, a code (the “Code”) may be requested to be entered on the merchant’s website and sent to the Cardholder’s mobile phone number or a transaction may be requested to be authorized through the App.
Unless this is the result of our negligence, we will not be liable for the inability or delay in accepting the EVP Card by a merchant. In such circumstances, we will not be responsible for the manner in which information and/or updates were communicated to you for any denial or delay.
All transactions require relevant authorization. Authorization is also your instruction to us to carry out a transaction. We will generally not approve a transaction if the balance on the EVP Card is insufficient to cover the transaction and any associated transaction fee. If, for any reason, you are able to carry out a transaction when there is insufficient balance on the Card (“Deficit”), we will promptly request that you cover such Deficit. You may request that we provide you with information about your transactions for up to five (5) years from the date of the transaction.
For a contactless transaction:
(a) below the threshold applicable in the country where you use the Card ("Contactless Transaction Threshold"), which is outside the control of EveryPay, a transaction is deemed to be authorised upon transmission of the EVP Card details required to execute the transaction, by placing the EVP Card close to the device allowing the data stored in the relevant unit to be read and
(b) above the Contactless Transaction Threshold, the transaction is deemed to be authorised upon entry of the PIN number at the acceptance terminal. Please note that in some countries contactless transactions with PIN are not available.
Unless this is the result of our negligence, we are not obliged to authorise a transaction where there is a system problem or events outside our control. Furthermore, we are not obliged to authorise a transaction where there are concerns or indications of misuse of the EVP Card. We will not be liable to you if a transaction is not authorised under these circumstances and/or if we cancel or suspend the use of the EVP Card.
If the EVP Card is lost or stolen or someone else discovers the PIN or if you believe that the Card, the card number or the PIN may have come into the possession of a third party, you must:
• cancel the card immediately, either by reporting it stolen or lost through your management environment, or by calling us at +30 218 218 2800 or by email at issuing-support@everypay.gr so that we can cancel your Card.
• immediately stop using the card, card number or PIN.
EveryPay will block or restrict the EVP Card and/or its PIN in reasonable and justified cases related to:
• the security of the card, card number or PIN. For example: when an incorrect PIN code is entered more than once in one attempt.
• the suspected unauthorized or fraudulent use of the EVP Card or PIN. For example, when we determine that another person is using the Card, we consider the activity suspicious or unusual. We will inform you, if possible, before blocking or restricting the EVP Card or its PIN for specific reasons. The requirement for prior notification will not apply in the event that it would compromise reasonable security measures or it would be illegal to do so.
• money transfer verification checks as part of audits by the competent Regulatory Compliance department. In accordance with mandatory requirements for the prevention of money laundering and terrorist financing, we have implemented an automatic account blocking system, in which algorithms check all transactions and block transfers (accounts) that our system considers suspicious (automatically). Upon receiving a system alert for suspicious activity, our Compliance team performs a (non-automated) audit, during which our specially trained and qualified staff thoroughly evaluates the automatically detected suspicious activity. At this stage, you may be asked to provide additional documents or information. The account is unblocked when the validity of the transaction is verified. In the event that doubts remain about the validity of the transfer after the information provided has been collected, we may close the account.
• cases where it is not possible for the service provider to obtain electronic authorisation to confirm that you have sufficient funds for the transaction. For example, in transactions on trains, ships and certain purchases during flights and
• purchases at petrol stations where the merchant verifies your PIN with us without providing the final amount of your purchase.
A card transaction will be deemed authorised by you when you authorise the transaction by following the instructions provided by the merchant, retailer or ATM, which may include:
• entering your PIN or providing the Code.
• Providing your EVP Card details and/or any other details as requested.
• waving or swiping your EVP Card over a card reader to make a payment.
When we suspect that there may be an attempt to use the Card fraudulently, we may ask you to confirm a transaction before or after it has been authorised.
An authorisation for a transaction cannot be withdrawn or revoked by you.
You may request a refund from us of the amount of an authorised transaction initiated by or through the payee if that transaction had already been executed and:
(a) the amount of the transaction was not precisely determined when it was authorised; and
(b) the amount of the transaction is higher than you could have expected, taking into account the type and value of previous transactions, the provisions of the Agreement and any relevant circumstances of the case.
You may request such refund within 8 weeks of the date of the transaction.
Using the EVP Card in a Foreign Currency
If you make a payment with your EVP Card in a currency other than the Card currency, the amounts will be converted by Mastercard on the date they process the transaction, using the exchange rate they use for all such currency conversions. This means that the exchange rate may differ from the rate on the date you made the card payment if the payment is processed by the card scheme after that date. The exchange rate used by Mastercard can be found at www.mastercard.co.uk/en-gb/consumers/get-support/convert-currency.html. We also charge a fee based on the payment amount.
Card terminals may offer you the option to view the payment or withdrawal amount in the Card currency or in a currency other than the currency of the cash withdrawal or purchase and allow you to choose to pay that amount in that currency. The exchange rate used for this will generally be provided by the terminal or ATM operator, and will therefore not be under our control and will not be covered by our Price List. Please check the exchange rate at the ATM, terminal or relevant provider before authorising the transaction.
Once you have made a Card transaction in a foreign currency, we will display as part of the transaction information we provide in the App or on the Website,details of the amount of the conversion into the Card currency and how the exchange rate is applied by us compared to the reference interest rates published by the European Central Bank.
Account Functionality Limitations
If you are a consumer, you may use your EveryPay account (consumer wallet) only to make purchases of goods and services on the Skroutz Marketplace. If you are a merchant, you may use your EveryPay account (merchant wallet) to make purchases of goods and services, to receive and send money and to receive payouts, in accordance with applicable law and these terms.
If we have reasonable grounds to believe that you have breached the requirements of this Agreement or applicable law, EveryPay may take steps to protect itself, its customers and users or third parties. In this case, EveryPay may, among other things, do the following:
• restrict, suspend or terminate access to the EveryPay Account or any of its services.
• notify users who have mutual arrangements with you, their bank, their issuer or law enforcement authorities.
• ask you to update any incorrect or incomplete information you have provided.
• cancel the Services (in which case we will notify you in accordance with these terms).
Keeping Your EVP Card and Account Secure
You must always keep your EVP Card details safe – including your PAN (the 16-digit number on the front of your card), expiry date, CVV (the 3-digit number on the back of your Card), PIN (Personal Identification Number) and any passwords and devices you use to access your Card and/or Account security details by any method (together with your “Personalised Security Codes”). This also includes any card details in e-wallets, on retailer websites or on devices such as mobile phones. If you have registered a Card on a device or e-wallet, this will include passwords and security procedures used to access your device or e-wallet (device ID, passwords or passcodes) and any stored fingerprints or other biometric or identification methods on your device. Please note that not all personalized security codes may apply to the Card.
We will never contact you to request any of your personalized security codes and will not ask any third party to do so on our behalf. If you receive such a request, it is likely to be fraudulent and you should not provide any of your personalized security codes under any circumstances. You should report any such activity to us immediately. Treat emails received from senders claiming to be us with caution and be wary of emails asking you for any personalized security codes.
When you call us, we may need to identify you, depending on the nature of your inquiry. We may do this by asking for certain information that is known only to you, but we would never ask you for a full PIN or password. You must not disclose such security codes or share them in any way with anyone who asks for them.
You are responsible for the quality, safety, legality or any other aspect of any goods or services you purchase with the Card and through your EveryPay account. Any disputes regarding purchases or payments made with the Card must be resolved with the relevant provider of the goods or services.
If you become aware of the loss, theft or misappropriation of the Card or its unauthorized use, please call us immediately at +30 218 218 2800 or by email at issuing-support@everypay.gr
Balance and Statements
To view your available balance and transaction history, please visit the Website or use the Application, if available. By accepting the General Terms and Conditions, you specifically agree not to receive paper statements.
Upon your request, EveryPay will provide additional statements and/or transaction records, in paper or other form. You may request that we provide you with transaction information for up to 5 years from the date of the transaction, even after the termination of the Agreement, and we will provide it to you free of charge in electronic form, as well as in paper form if you so wish. Charges may apply if you request information from us more than twice a month., however, only to the extent of the expenses incurred.
Fee
The Customer must pay the relevant fee of the Company for the Services used. The applicable fee is set out in the Price List available on the Website and concerns merchants (merchant wallets).
The fee and other amounts paid by you will be debited from the Account, unless otherwise specified in the Price List.
If there are no funds in the Account or if the funds are insufficient to cover the fee of EveryPay, other claims and debts arising from the Agreement, we reserve the right to suspend the provision of the Services to you until such charges and debts are covered.
Notwithstanding the above, we will only charge the applicable monthly fees until there is a positive balance in the Account and will not retroactively charge uncollected monthly fees.
We will notify you of changes to the fee in the Price List with two months’ notice, following the same procedure as set out above.
Taxes
We may seek payment from you of taxes imposed on us by any competent Authority in connection with the provision of the Services to you – in particular taxes on payment transactions and/or account balances, if and when applicable.
Redemption of funds
Upon receipt of funds in the Account, we will issue electronic money at nominal value. As a Client, you may request us to transfer back the amounts belonging to you and held in the Account (the “Funds”) at any time during the validity of these terms and up to 5 years after the closure of your Account. The funds will be transferred to the bank account you indicate on the same Business Day. For the first 12 months after the closure of the Account, there is no cost to you for transferring the Funds back, if your bank account is in the currency of the Account and is held in the country where that currency is legal tender, within the SEPA area, excluding your Bank’s costs, commissions and fees, which are solely covered by you. After 12 months from the closure of the Account or in case an international bank transfer is required, corresponding fees may apply. The above-mentioned rule for the return of Funds applies to the redemption of e-money at its nominal value issued to you by EveryPay.
If something goes wrong
If you suffer loss or damage due to an unauthorized transaction that occurred as a result of:
• the use of a lost or stolen Card, or
• in the event that you have failed to keep your personalized Security Codes safe and,
• you have not informed us about the loss of the Card or the breach of your Security Details, the maximum you will have to pay is 50 euros, for each case of loss, theft or misappropriation.
Where you have either intentionally or with gross negligence:
• failed to keep your security details secure or
• failed to notify us as soon as possible that you have lost the Card (especially if you believe that someone else could have found it), the above limitation of liability to €50 will not apply to any loss arising before you notify us of the matter.
If you have acted fraudulently causing loss as a result of an unauthorised transaction, you may not benefit from any of the limitations of liability set out above.
You have 12 months to notify us of an unauthorised, unexecuted or incorrectly executed transaction. If you notify us within this timeframe and the payment was not authorized, not executed or executed incorrectly, we will immediately refund, as applicable and in accordance with our regulatory obligations, the transaction amount to the Account. In the event of errors or disputes regarding transactions, please contact us via issuing-support@everypay.gr or call us immediately at +30 218 218 2800.
If the Card is used without your permission, or is lost, stolen or if you believe that the Account may have been compromised, we may ask you to notify us in writing within seven (7) days to confirm the loss, theft or possible misuse. In such case, we have the right to disclose to the competent authorities any information that we reasonably believe may be relevant.
If you believe that you have been scammed into transferring money to someone you do not know or have transferred money in good faith from the Account but have not received the goods or services contracted for (the “payment fraud”), you can contact us and we will investigate the case on your behalf and try to recover the money, however, we will not be liable in any way other than those we may haveby applicable laws and regulations at the time of the payment fraud.
Our liability to you
To the extent permitted by applicable law and subject to the limitations as set out in these terms, we are liable for the proper performance of our obligations set out in these terms.
You cannot claim any damages from us if:
• it concerns loss of business, loss of goodwill, loss of opportunity or loss of profit – we will not be liable for these in any event.
• you acted with intent or gross negligence.
• you breach these terms or provided EveryPay with any incorrect information where a clear causal link to the damage is established.
• any failure was due to unusual and unforeseeable circumstances beyond our control which meant that we were unable to meet our obligations under the terms despite our best efforts to do so, for example, a hardware failure, a strike or a significant problem with a payment system,
• you claim consequential loss which is not reasonably foreseeable as a result of our breach of contract.
None of these exclusions will apply and nothing else in our Agreement will prevent our liability if:
• we act fraudulently
• we act with gross negligence, or
• we have a liability that the law does not permit us to exclude or limit
Cancellation of Services
The Agreement between us will terminate on the Card expiry date unless, prior to expiry, we issue a replacement Card in accordance with our Card reissuance policy as set out in the Card Terms and Conditions, provided however that we may send you a replacement Card prior to the Card expiry date free of charge and without any obligation for you to continue to use the Services.
During the term of a Card or for Cardless Accounts, the Agreement will be of indefinite duration and will remain in effect until terminated at any time by you or us in accordance with these terms.
Unless the Card Terms and Conditions state otherwise, if we do not send you a replacement card before the Card expiry date, the expiry of the Card will result in the termination of our Agreement, after which access to the Account may be restricted and your remaining funds will be available for withdrawal.
When can the Services be cancelled by You
If you wish (and regardless of your rights as a Consumer - as below), you may cancel the Services at any time.
As a consumer, you have 14 days from the date of conclusion of the agreement to tell us that you would like to withdraw from it, without giving any reason and without incurring any charges other than those corresponding to the Services you have selected or Services already provided, excluding expenses, commissions and charges of your Bank, which are covered exclusively by you. If you withdraw from the Contract, the Contract will be deemed not to have been concluded and all Funds will be returned to you, except for any amounts corresponding to a cash top-up bonus, even if they have been used.
In the event of subsequent cancellation of the Service by you, the Contract will be terminated without penalty and any remaining Funds in your account will be returned to you, except for any amounts you have received and corresponding to a cash top-up bonus, even if they have been used and excluding expenses, commissions and Bank charges, which are covered exclusively by you.
In any case, you will need to designate a bank account in your name to which any remaining Funds should be transferred. There is no cost to you for canceling the Services or for redeeming the Funds in the currency of the Account, excluding your Bank’s expenses, commissions and charges, which are covered exclusively by you. If you ask us to transfer funds in a currency other than the currency of the Account, an additional fee may apply (for currency exchange and bank transfer).
If we receive funds in the Account after you cancel the Services, we will try to send them back if we have the information we need to do so.
In the event that after cancellation you submit a request to re-register, in the above EveryPay service, the provision of a cash account renewal reward (“top – up bonus”) will be at the discretion of EveryPay to be provided or not.
When can the Services be cancelled by Us?
Subject to the provisions relating to the unilateral termination of the Agreement by EveryPay, we may terminate the Agreement immediately (and cancel the Card) if we have reasonable grounds to believe thatwe believe that you have acted as follows:
• if maintaining the Card and Account would mean that we are in breach of any law, regulation or other obligation applicable to us,
• you refuse to cooperate with EveryPay’s lawful requests, e.g. by failing to provide information to verify your identity or the source of funds.
• you give us any false information or attempt to mislead us at any time.
• you commit (or attempt to commit) fraud against us or a third party.
• you use (or allow someone else to use) the Card or Account illegally or for criminal activity (including purchasing illegal products using the Card).
• you allow someone else to use the Card or Account without sufficient reason and without justification.
In the event of termination pursuant to the above provision, you acknowledge and agree that we are not required to disclose the exact reason for termination of the agreement between us.
We may also terminate our agreement immediately and cancel the Services if:
• we reasonably believe that maintaining the Services may expose us (or another EveryPay affiliate) to action or reproach from any government, regulatory or competent authority.
• we discover that you no longer meet the conditions for continuing our cooperation. We will try to inform you in advance if this happens, but if by continuing to offer you the Services we violate any legal or regulatory framework, we must terminate the agreement immediately.
• if there are no transactions (other than commission charges) in the Account for a continuous period of 12 months.
In the event that you have Funds with us at the time of termination, we will seek to return the Funds to an account you indicate in accordance with the rules described in the “Withdrawal of Funds” section above.
In the event that we are unable to return the Funds, for example because we are unable to contact you using the contact details you provided, we will continue to protect the Funds within the legally prescribed timeframe, during which time your rights to withdraw via e-money will remain unaffected.
Complaint Submission Process
If you are dissatisfied in any way with the Services, you may submit a complaint through the following methods:
• By telephone: by calling 218 218 2800
• In writing: by sending a letter to the address Karneadou 25-29, 106 75 Athens
• Online: by sending an email to compliance@everypay.gr
In your request, please provide a detailed description of the matter, stating all necessary information, the reasons for which you are submitting your complaint, any available documents related to the complaint, as well as identification and contact details.
In case incomplete, illegible or unclear information is mentioned in the claim (complaint), we may request further clarifications on these.
EveryPay will provide a written response within forty-five (45) calendar days from the date of submission of the complaint.
As an exception, in the event that EveryPay is unable to respond within the above-mentioned time limit, you will be notified in a timely manner and the time period within which the complaint will be investigated and a written response will be provided.
The handling of complaints is free of charge. The parties agree that complaints will be submitted, handled and responded to in Greek or English.
If you are not satisfied with our final response, or if we do not respond to you within 15 business days or 35 business days, respectively, from receipt of the request, you have the right to file an objection or complaint with the Bank of Greece: