Terms of provision and use of the services and the EveryPay System
EVERYPAY (Tax Registration Number: 800509341, Tax Office: Commercial Companies’ Athens Office) has been incorporated and operates under the Greek law and operates as a Payment Institution legally licensed (Decision No. 280/3/23-7-2018 Official Government Gazette Β 3010/25-7-2018), and supervised by the Bank of Greece, in order to provide the payment services of items c and e of paragraph 3 of Article 4 of Law 4537/2018, in accordance with the provisions of Law 4537/2018 and Governor’s Act 2628 / 30.09.2010, currently in effect. EVERYPAY’s headquarters are located at Karneadou St. 25, 10675 Athens. For any information you can call EVERYPAY on the phone: +30 218 218 28 00 or send an e-mail to firstname.lastname@example.org.
EVERYPAY has concluded and maintains contracts with banks and/ or third parties issuing and/ or accepting Cards, based upon them it has the ability to acquire and clear Transactions, whose payment is made by Card.
Any communication with the banks and/ or third parties issuing and/ or accepting Cards, with which EVERYPAY has contracted for the acquisition and settlement of Transactions, is made between these entities and EVERYPAY , excluding direct communication and/ or transaction with these entities and the cooperating company, in the context of the Transactions and Services governed by this Agreement.
The words and phrases that follow will have the definition given to them here and apply to both singular and plural terms. The following definitions apply and govern the General and Special Terms set forth below, as amended and in force each time. In any case, the definitions in Article 4 of Law 4537 / 2018 are complementary and prevail in case of doubt as to the meaning of a term.
“International Credit Organizations” or “International Organizations” or “International Payment Systems” is defined as the international organizations VISA INTERNATIONAL and MASTERCARD INTERNATIONAL.
“Billing Order” is defined as any Card Billing Order for making an Electronic Payment, which is transmitted by the Customer to the Company electronically, via an automated electronic communications network, in order, through the EveryPay System and the Associates, to receive automated approval and clearance of the corresponding Electronic Payment, in accordance with the terms.
“Business Card” for the purposes of this Agreement, is the Debit Card for Payments, which is debited to a linked bank account of the legal entity, in the name of which it was issued.
“Online Account” is defined as the personal management page of the Services provided by the Company, which is activated in accordance with the terms of the Company, and to which only the persons authorized for that purpose by the Customer have access, using a special password, which is a unique mean of identifications and is part of the EveryPay System.
“Online Payment” means any Card charge to pay the price of a Transaction, which is charged electronically, without the use of the Card, upon the consent of the Holder to the Company, acting for this purpose at the Customer’s request, provided electronically via a telecommunication, digital or informational device, and which charge is approved and cleared through the System, in accordance with the terms of the Contract.
“Card” refers to a mean of payment in the form of plastic card, issued to the name of the card Holder by any credit or financial institution in Greece or abroad, that has the International Credit Organization signs, and is used as a mean of payment for transactions, with which the Company or the Affiliated Companies cooperates, as they are posted on the Company’s website. Credit Card and/ or Debit Card and/ or Business Card and/ or Prepaid Card and/ or Prepaid Anonymous Card of any category are included. Its characteristics include the Card number, the Cardholder’s name, the expiration date, and the CVV2/ CVC2 security code.
“Holder” is defined as the natural or legal person to whose name a Card has been issued, on the front of which her name is printed, and on the back it is signed, and transacts with the Customer for the purpose of purchasing goods or services.
“Codes” is defined as the User ID, Password and any unique code assigned by the Company to the Customer in order to be able to access and manage the Online Account, as well as unique codes assigned each time to the Customer as part of the Activated Individual Services.
“Account” is defined as the interest-free credit account held by the Company in the name of the Customer, in which the financial claims on both sides that occur between the Company and the Client arising from this Agreement, are automatically set off with their entry.
“Merchant ID” or “MID” is the Customer’s unique recognition code for interacting with EveryPay ’s System.
“Durable Medium” is defined as the mean that enables the payment service user to store personally-identifiable information in such a way, as to continue to access them in the future for a period sufficient for the purposes served by the information, and to reproduce unaltered the stored information.
“Instructions” is defined as the printed instructions regarding the details of the implementation of the Agreement, the electronically method to forward Billing Orders for approval and clearance through the EveryPay System etc., provided by the Company and complement the Contract, and, in general, the procedures, guidelines, orders, information provided to the Customer by the Company through the EveryPay System.
“Credit Card” is defined, for the purposes of this Agreement, as the means of conducting transactions by acquiring a consumer credit at the time of purchase of a good or service, issued either by a domestic or foreign bank or by financial service companies, in accordance with the specifications of the international organizations VISA INTERNATIONAL & MASTERCARD WORLDWIDE.
“Prepaid Anonymous Card” is the Transaction Card with a specific non-redeemable amount for transactions, which is not “linked” to its holder’s details.
“Debit Card” is defined as the Transaction Card the amounts of which are charged to the account holder’s associated bank account.
“Affiliated Businesses” is defined as any credit institution or company issuing and/ or accepting cards, with which the Company cooperates or trades under this Agreement, regarding transactions executed on behalf of the Customer.
“Contract” refers to all the General and Special Terms set forth below, as they are at the time modified and in force.
“Transaction” is defined as any distant sales contract between the Customer and a Holder, without their simultaneous physical presence, via the Internet or by using other means of distant communication (e.g. telephone, etc.), the price of which is paid by Electronic Payment.
“EveryPay System” is the online platform, whereby the charge of the credit card of the Card Holder can be done by the card holder on the Customer’s website, so that the Customer can accept by charging the Cardholder’s Card orders via the Internet for the goods or/ and the services she markets at her expense and responsibility.
“Bank Account” means a deposit account held by a credit institution in the name of the Client for the purposes of this Agreement.
“Services” means the services, which are the subject of the Contract, and are defined below under III.1. (SPECIAL TERMS – PURPOSE AND OBJECΤΙVE).
These General Terms determine the use of the website www.EveryPay .gr. In particular, these terms exist for the individual procedures applicable to the provision of the services provided by EVERYPAY and its relations with the Customer.
1. OBJECTIVE AND PURPOSE
The objective of the Terms is to regulate the relations between the Users and EVERYPAY, in relation to the provision and reception of EveryPay ’s services.
2. GENERAL CONDITIONS REGARDING THE SERVICES PROVISIONS
The Services are addressed and provided only to persons over 18 years of age, who are eligible.A prerequisite for the provision of any Service by EVERYPAY is the completion of the User Registration and the opening of an Account. The conditions and the process of registering, opening and activating an Account vary according to the value and types of Transactions that the Customer wishes to make.
3. CONDITIONS AND TERMS REGARDING REGISTRATION AND IDENTIFICATION
The registration of each Customer is made online on the company’s website www.EveryPay .gr with the systemic guidance of the Customer, depending on the category she belongs to and the type of services intended to receive.
Each Customer declares and registers electronically the data required systemically to complete her registration and accepts the Terms, after carefully reading and understanding them. It is advisable for each Customer to print and/ or store the Terms that she has accepted in a durable medium. A prerequisite for enrolment is legal capacity.
The details to be requested for the Customer’s subscription are as follows:
i. a valid and active e-mail address that has been legally assigned to the Customer
ii. a password for the Customer’s electronic account
iii. a tax registration number of the Customer’s business
iv. the name of the business of the Customer (in the case of a legal entity)
v. the name of the Customer (or her full name if it is a sole proprietorship),
vi. a valid and active phone number that has been legally assigned to the Customer
The Customer must complete the registration process by entering all the above details (i. to vi.) in the respective fields, as well as any other information requested by EVERYPAY as part of the identification process.
In the case of Customers, who are legal entities, the registration of data is carried out solely by their legal representative. The registration itself assumes that the person who makes the entries and registration is the legal representative of the legal person.
The Customer warrants that she is the legal beneficiary and user of the e-mail address she registers, the subscriber or owner of the telephone number she registers, and that all the information she registers are accurate and true, and recognizes that it has sole responsibility regarding the inaccuracy, falseness or mismatch of each one of the details registered by him.
The Customer must take appropriate measures to prevent any unauthorized access and use of her registered e-mail address, and acknowledges and accepts that any communication using this e-mail address is presumed to be originating, addressed and received by him.
If the Customer notifies to any third party the e-mail address and password of the EveryPay System and its Online Account, the Customer shall also be solely responsible for the consequences of unauthorized access and use, such as access of third party to the available balance of her Account for making transactions, access to transaction history and identification data, change of Customer’s personal data, block the Customer from making transactions through the Account, etc. If the User suspects that her authentication data has been intercepted or has been disclosed in any way to a third party, she must amend them, and immediately notify EVERYPAY (the contact details of EVERYPAY are posted here) or send an e-mail at the e-mail address support@EveryPay .gr.
The Customer acknowledges and accepts, that omission or failure to fully comply with EVERYPAY ‘s requirements, during the verification and identification procedures and actions, may result in the sole judgment and discretion of EVERYPAY of unilateral suspension of the provision of Services, of the freezing of the available balance of the ACCOUNT and/ or the termination of the present, without incurring any liability for the company, for a serious reason.
4.VERIFICATION – IDENTIFICATION
THE COMPANY reserves the right to confirm the truth and accuracy of the data entered by the Customer and to apply verification-identification procedures for the purpose of confirming the User’s identity. Also, when the Customer submits the application for registration, her consent to the Company is provided for the control of the provided data.
In the case of the verification – identification of the Customer and the acceptance to cooperate with him, EVERYPAY will issue to the Customer the MID code that will allow the Customer to interact with the EveryPay System.
Upon completion of the identification process, the Customer must activate the Electronic Account by completing the actions indicated by the Company electronically.
The completion of the process, of identifying and activating the Electronic Account, is a prerequisite for being able to start providing and receiving each of the available Services. The completion of the Customer’s data verification process may involve the successful completion of at least one bank transfer of amount of money by the Company to the Customer’s stated Bank Account.
Upon completion of the process of identification and activation of the Electronic Account, the Customer acknowledges and accepts that she starts to use the Services and the EveryPay System.
The implementation of verification and identification procedures aims at ensuring safe transactions, preventing and suppressing fraud and money laundering and terrorist financing actions. For this reason, the customers’ identification and verification procedures and policies implemented by EVERYPAY , for this purpose, are designed and updated in accordance with EVERYPAY ‘s compliance obligations with applicable legislation and are disclosed each time on EVERYPAY ‘s website. Each Client is systematically guided regarding the identification and verification process to be followed.
EVERYPAY reserves the right to request from the Customer, any time during the lifetime of the present, and in any case at least once a year, in accordance with the legislation in force, to provide additional data/ identification documents/ legalization documents regarding the Customer’s data, at its sole discretion, and in accordance with its policies and procedures and/ or individual measures needed to verify and identify its Customers.
During the lifetime of the present Agreement, as long as the Customer’s certification and/ or verification is pending, Customer accepts and acknowledges that the Company will not perform any provision of Services.
The Company reserves the right under these terms and procedures to reject the Customer’s request for activation, without the obligation to provide justification, and/ or to disable the Customer’s Electronic Account and/ or to temporarily or permanently discontinue the provision of the Services to the Customer. The Company reserves the right, in the event of regular controls or during its internal control procedures and in compliance with the legislation on prevention and suppression of fraud and money laundering and terrorist financing and / or related procedures of prevention and control, either to authorize the subscription of the Customer and / or during the term of the contract: a) to require the Customer to provide information on the transactions entered into the system in order to ascertain that they have taken place (delivery of goods or provision of services), b) to ask the Customer for letters of compliance and / or responsible declarations of conformity or non-opposition of the scope and the goods and services supplied to categories of products or services (in particular in relation to the procedures for the prevention of money laundering and those listed below in Chapter 10 “Non Accepted Transactions”, and c) to carry out occasional sample checks to determine whether transactions or services are provided. In case of non-compliance or refusal of Customer’s response to the above, the Company reserves the right to disable immediately the Customer’s Electronic Account and / or to temporarily or permanently discontinue the provision of the Services to the Customer without any further notice.
5. CONFIDENTIALITY OBLIGATIONS OF EVERYPAY
EVERYPAY will treat all data and information, that the Customer notifies during the EveryPay System registration process, as confidential, and will not disclose, reveal, and in general notify them to any third party, except the Affiliates, International Organizations, and any natural person or legal person or authority required to provide the Services or when it is required by law or regulation or act of a competent authority. The Customer gives her explicit consent to the disclosure of such data by the Company to the above persons.
6. CONSUMER PROTECTION
To the extent the Services provided are addressed to Customers, who have the status of a Consumer, the consumer protection legislation is applied.
Customers, who have the status of a consumer, have the right to withdraw from the Contract, in accordance with Article 4a of the Greek Law 2251/1994. In particular, they have the right, within fourteen (14) calendar days from accepting the Terms, to withdraw from this contract unjustifiably and without incurring any liability. You can find a template for a cancellation statement here. Suspension is not possible, if the execution of the contract has been completed in full at the request of the Customer. In any case, if the Customer withdraws, she has to pay EVERYPAY the charges corresponding to the Services she received under the Contract.
In any case, the Customer may terminate the present contract at any time, by giving one (1) month notice, by paying the contractual obligations and charges corresponding to the Services received during the Contract and within the notice period.
7. INFORMATION – NOTIFICATIONS
It is recommended that Clients carefully read all the information contained on the EVERYPAY website and the Terms, including the information they refer to, before accepting them. For each Terms and Services clarification, Customers can contact EVERYPAY ‘s responsible department in the contact details posted here and at info@EveryPay .gr.
Any communication between EVERYPAY and the Customers takes place via the declared Customer’s e-mail address or telephone number that was registered by the Customer during the registration process, as well as through the Customer’s Online Account. In case it is necessary to deliver a physical document to the Customer, it is validly carried out on the postal address declared by the Customer, otherwise by independent third-party sources.
If the contact details, and any other information that was registered in EVERYPAY during its registration process, are changed, the Customer must adapt her Electronic Account accordingly, which is guided regarding the required actions systemically by EVERYPAY . The COMPANY reserves the right to request the confirmation and/ or identification of the altered data, following the confirmation and identification process described above.
EVERYPAY must provide the Clients any information they require regarding EVERYPAY , its activity as a supervised Payment Institution, the Services and their individual components. In case the requested information is published, the obligation to provide information may also be fulfilled by reference the applicant to the published data. In any case, the information process is made via e-mail and/ or on the website of EVERYPAY . Customized information can also be made via posting on the Customer’s Online Account.
EVERYPAY retains the right, under the terms of billing, to provide information at a cost, which in any case is reasonable and cost-efficient.
If EVERYPAY refuses to execute a Transaction, it shall inform the Customer regarding the denial and, if possible, for the reasons of refusal, as well as for the remedy, except the law foresees something else. EVERYPAY may, at its discretion, charge a fee for the provision of such information, provided that the refusal is objectively justified.
In addition to any disclosure obligations the Customer undertakes, under the identification and verification process, regarding data and information, as well as regarding changes that may occur, the Customer is obliged to disclose to EVERYPAY in writing any change of any information or item that was declared or disclosed to EVERYPAY , regarding the reception of the Services, in particular, since it may affect their provision or reception. The notification of such changes will be made through the Electronic Account systemically, no later than the day after their completion.
Until the completion of the notification process of the change to EVERYPAY , the Customer has no right to oppose EVERYPAY to any claim, objection or argument based on this change, which is considered to be unannounced for that period.
8. PERSONAL DATA – CONFIDENTIALITY – COMPLIANCE WITH (EU) 2016/679 (GDPR)
Customers consent to the maintenance and processing of EVERYPAY User’s personal data file in accordance with the provisions of the Greek Law in force. EVERYPAY is responsible for the processing of the respected file.
For EVERYPAY, the protection of personal data is of primary importance and is treated with the utmost seriousness. Respect of the personal data we manage and ensuring proper processing is one of the Company’s priorities.
EVERYPAY is fully committed to and complies with the requirements of the European Union’s General Data Protection Regulation (EU) 2016/679, as well as the current national legislative framework for the processing of personal data, in accordance with the Relevant Declaration of Compliance which is an integral part of present terms and can be found here.
Customer data is collected from information provided by Clients, as well as from independent third-party sources, where such data has been published.
The data and information collected are processed to provide the Services requested by Clients. Customers have the right of access, objection and opposition to their personal data held by EVERYPAY, in accordance with applicable law. The content and procedure for the exercise of these rights are provided in Articles 12 and 13 of the Law 2472/1997.
Denial of Customer’s consent to the required collection, data processing, transmission of data or file interconnection, may result in the failure to provide any information from the Customer Services or the unilateral suspension of the provision of the Services, the freezing of the Customer’s Account’ Available Balance and/ or the unilateral termination of the Agreement without incurring any liability for EVERYPAY.
Customers consent to the disclosure of data (such as subscriber or user information, location data, etc.) and of the content of the communication between them and EVERYPAY to the Affiliates involved in any way in the provision of the Services or the issuance and management of Cards and the execution of the contract, but also to the competent supervisory, police and judicial authorities, in the framework of the prevention, investigation and suppression of any criminal offences.
EVERYPAY is required to maintain Client and Transaction data that is attempted and/ or executed through the EveryPay System for the minimum periods of time provided by the law. This means, that even in the event of a definitive termination of the contractual relationship between EVERYPAY and the Customer for any reason, and/ or termination of the Electronic Account and the Account that the Customer has activated in this context, EVERYPAY is obliged to keep the required by law data for as long as it is foreseen.
– Cookies necessary to identify and/ or maintain the content entered by the Customer during a connection to a site, throughout the duration of the connection.
– Cookies necessary to authenticate the Customer.
– Cookies installed for the purpose of Customer’s security.
– Cookies necessary for the implementation of the load balancing technique in a connection to an internet site.
– Cookies that “remember” the Customer’s choices regarding the presentation of the site.
EVERYPAY, following on from any change in the nature of the cookies it uses, in such a way that their use now requires the Customer’s notification and consent to their installation, will properly inform, and prior to taking any further action, to receive her consent to the installation of these files.
EVERYPAY and any Affiliate have the right to seek information and data from information files and databases, that are legally compiled regarding the Solvency and Reliability of the Customer and about her transactions and other persons connected directly or indirectly with the Customer, and for this purpose the Customer irrevocably gives her consent.
EVERYPAY can record conversations with the Users for the purpose of security of transactions and/ or proof of a conversation and/ or transaction, in compliance with the applicable legal provisions, in particular regarding the notification of the beginning and the ending of the recording. Clients accept the recording and undertake to inform all their representatives about the probability of recording their conversations, in addition to any notification procedures, regarding the beginning and ending of a conversation’s recording, EVERYPAY undertakes in compliance with the applicable law.
9. RIGHTS OF INDUSTRIAL AND INTELLECTUAL PROPERTY
EVERYPAY and the Affiliated Companies remain the exclusive holders of all rights in branding, trademarks, software, and generally all intellectual and industrial property rights, as well as all the properties of tangible and intangible goods related to the Services. The Customer will use the above goods after prior approval and in accordance with the instructions of EVERYPAY , and will not take any action in relation to them, which is incompatible with the obligations arising from the Agreement or the interests of EVERYPAY .
Customer’s accessibility on the EVERYPAY website www.EveryPay .gr, on any other EVERYPAY ’s website and EveryPay system under the Agreement, does not create any form of intellectual property right in favor of the Customer on the EveryPay System, the software, the discrete attributes and generally the rights accessible through these websites, which rights belong to the Company or its third-party partners.
Any copying, deletion, reproduction, imitation, falsification of web site data or the decompilation of its source code in any way, in whole or in part, in any form and by any means, either by the Customer or by its appointed or legal representatives, constitutes an illegal, criminal action and is strictly prohibited. The Customer has the right to print, copy and download or temporarily store data from the Company’s web sites solely within and for the purposes of the Agreement.
Customer will not post on its websites and will generally not use the logo and the distinctive features of the Company and its Affiliates, but only after prior written consent. It is expressly stated that the Card trademarks are wholly owned either by the International Organizations MasterCard International or Visa International or by the issuing bank and their franchisors, while the trademarks and generally the distinctive features of the Company belong to the company or to its licensors, and the Customer only acquires the right to use these as part of the provision of this Agreement and for as long as it is in force.
The interaction and framing of the Customer’s website and EVERYPAY ’s website www.EveryPay .gr, in the context of the execution of the Agreement, does not in any way imply the creation of intellectual property rights on the rights of the counterparty.
The Customer must take all the necessary measures to protect the Company’s intellectual property from any prohibited access, usage, dissemination, copying, imitation or alteration and any other form of prohibited use and processing, and explicitly states that she will not sell, lease, provide utilization license, neither will she transfer in any way or assign the ownership, with or without compensation, of applications, programs, operating systems, patents, documents, designs, standards, algorithms, techniques, procedures, methods, know-how and other material accompanying them, which are mentioned in the Contract, without the prior written consent of the Company.
The use and appearance of the Company’s trademarks, logos and other badges by the Client may be made only after written permission of the Company, in printed or electronic form (e-mail).
10. CUSTOMER’S RESPONSIBILITY
The Customer agrees and uses the website www.EveryPay .gr, the EveryPay System, the Services and the information and data contained therein, as provided by law, in accordance with the rules of good faith and business ethics.
The Customer is obliged not to use the website www.EveryPay .gr, the EveryPay System, the Services and the information and data for:
– sending, publishing, sending by e-mail or otherwise transmitting any content that is illegal for any reason, causes unlawful insult and harm to EVERYPAY or any third party, either infringes the confidentiality or confidentiality of any person’s information
– sending, publishing, sending by e-mail or otherwise transmitting any content that inflicts morality, social values, underage, etc.
– sending, publishing, sending by e-mail or otherwise transmitting any content for which users do not have the right to broadcast under the law or in force contracts (such as inside information, proprietary and confidential information acquired or disclosed as part of industrial relations or covered by confidentiality agreements)
– sending, publishing, sending by e-mail or otherwise transmitting any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of third parties of any kind
– sending, publishing, sending by e-mail or otherwise transmitting any material containing software viruses or any other code, files or programs designed to interrupt, damage, destroy or the operation of equipment of any software or computer hardware
– deliberating or unintentional violating of applicable laws or regulations
– harassing of third parties in any way
– collecting or storing personal data about other users
11. LINKS ON THIS WEBSITE (www.EveryPay .gr)
The links included on the website www.EveryPay .gr lead to the e-shop or, in some cases, lead the user to visit websites of third-parties, businesses, etc. These associated websites are not under the control of EVERYPAY and EVERYPAY bears no responsibility whatsoever for the contents of any such site or any link included οn an associated website, or any changes or updates on such websites. EVERYPAY is not responsible for Internet broadcasts or for any form of transmission received from any linked website. The fact that such links are taken on the website www.EveryPay .gr, does not imply that EVERYPAY approves or accepts their content.
Any notification, notice or announcement by EVERYPAY to the Customer will be made only written by registered letter with proof of receipt or by e-mail, to the postal or e-mail address entered by the Customer upon the registration in the Everpay System.
The Customer may contact EVERYPAY at +30 2182182800 and the following e-mail addresses:
- Sales Department: sales@EveryPay .gr
- General Information: info@EveryPay .gr
- Customer Service / Complaints / Technical Support: support@EveryPay .gr
- Reports / Complaints / Anonymous Complaints: compliance@EveryPay .gr
- Personal Data Management: dpo@EveryPay .gr
13. CONTRACT CONCLUSION – AMENDMENTS
A prerequisite for the contract conclusion and the beginning of cooperation of the two counterparties, is the customer’s acceptance of these Terms. Because the contract is made online, EVERYPAY enables the Customer to have access to the Terms in an electronically storable and printable format, prior to its commitment to the Terms. Further, upon the conclusion, of the contract, by the Company’s electronic acceptance of these Terms, EVERYPAY enables the Customer to store and/ or print the Terms that she has accepted, and govern the relationship between them, in a durable medium.
EVERYPAY reserves the right to modify the Terms that apply and govern the provision of the Services and the operation of the EVERYPAY System from time to time, by notifying the modifications through the Customer’s Electronic Account or by posting them on the website www.EveryPay .gr, enabling the Customer to store and/ or print the modifications or the revised version of the Terms applicable to the between the Parties corporation in a durable medium.
Any modification of the Terms shall apply after the expiration of two (2) months from the above-mentioned disclosure. If within the period of two (2) months the Customer does not declare in writing that she does not agree with the notified amendments, she is presumed to have accepted them. In the event of making such a declaration of non-acceptance, she has the right to proceed within this period, and before the implementation of the notified changes, to the termination of the contract, without incurring any liability.
Changes in Interest Rates or Exchange Rates, based on the Interest Rates or reference Exchange Rates for which the Customer has been notified of the method of calculating the real interest rate or the reference exchange rate and the index or the basis of their determination, can be applied immediately and without any warning. The Customer is immediately informed for the change through posts on EVERYPAY ’s website or, in general, through the EveryPay System.
14. ASSIGNMENT OF CLAIMS
The Customer can’t be substituted by a third party in the Contract or to assign any rights or obligations arising from it, without the prior consent of EVERYPAY.
15. DURATION – ΤΕΡΜΙΝΑΤΙΟΝ
The Contract has an indefinite duration and starts with the completion of the Company’s registration on the EveryPay System, in accordance with the foregoing and the Instructions provided by EVERYPAY each time.
Each party, that is, the Customer or EVERYPAY, may terminate the Agreement for any reason. The Agreement shall be terminated one month after the complaint has been received by the other party, in the event that the Customer terminates the complaint, and after two months, if the complaint is made by EVERYPAY. The complaint is made in any case in writing.
The Agreement is automatically terminated, if EVERYPAY chooses to stop providing its Services for any reason. In this case, the Customer is not entitled to compensation or claim for the non-service provision in the future or for lost profits or for any related claim arises.
Each counterparty can terminate the contract any time, and without incurring any liability for a significant reason, such as indicatively: (i) if the other party is liquidated, goes bankrupt or ceases payments or is in administration regime or any other similar arrangement with similar legal results occurring, (ii) if the counterparty violates any agreement or obligation under the terms hereof, and this violation remains incurable for thirty (30) days after its written disclosure by the party that hasn’t done the violation, (iii) in the event that the Customer assigns or transfers all or part of the rights and obligations arising out of this Agreement without prior written consent from EVERYPAY, (iv) violation of the terms of this Agreement and the applicable legal provisions or the deterioration of the Customer’s financial situation, and (v) any other case explicitly referred in this agreement.
The termination must be in written format and its effects shall be delivered on the day following its reception by the other Party.
The termination of the contract for any reason results in the following consequences:
a. EVERYPAY will proceed to the last daily settlement of Customer’s transactions, according to the Article 6 of this agreement. The Customer is obliged to immediately fulfill any of its obligations, directly or indirectly, towards EVERYPAY.
b. The Customer will immediately have to remove all indications that contain every brand, trademark or logo of EVERYPAY and its Associated Businesses from her website.
c. The Customer will have to return to EVERYPAY any software and any printed material she uses during the provision of the Services, and will delete any copies stored in the computer memory. EVERYPAY will discontinue Customer’s access to the EveryPay System.
d. The Customer continues to be obligated to follow the confidentiality and privacy terms of this Agreement.
e. The Customer is expected to stop using any Equipment and/ or Infrastructure that belongs to the Company and provide EVERYPAY with the necessary access and cooperation to disconnect the Customer from the EveryPay System, including any required uninstallation of equipment or applications.
f. Any financial obligations open among the two parties are considered directly overdue and chargeable. EVERYPAY and the Customer accept that they will settle all financial pending issues arising from their resolved cooperation within thirty (30) days of the date the results occurred caused by the termination.
g. If the contract is terminated by EVERYPAY due to violation of the present terms by the Customer, the Company has the right to report it to the interbank data files of economic and trading behavior maintained by TIRESIAS SA. (data controller), located at 2, Alamanas Street, 151 25 Maroussi, Athens, to which the issuers and/ or recipients of cards have access to, authorized by the Customer for this purpose under this Agreement. EVERYPAY informs the Customer, who is aware that, in order to protect good faith, resolute trade and particularly reduce the fraud in the means of payment and enhance the safe use of the cards, the Société Anonyme, under the name “Banking Systems Information – TIRESIAS SA “, maintains a Business Register (as “Business” also the Customer is meant), where Business data are registered (tax registration number, identity card for sole proprietorships, business name, distinctive title, full address of the headquarters, phone number, date of contract agreement, reasons and date of the termination of the contract, indication of the use by the Company of special terminals for Card use), whose card acceptance agreements have been terminated for any of the following reasons: (a) acceptance of credit or debit cards, which have previously been declared as lost or stolen, (b) acceptance of cards not issued by a Payment Institution or a Card Issuer and/ or a private Company managing and issuing cards (here in after referred to as “the Organizations”) or by a corresponding Foreign Entity (e.g. counterfeit cards), (c) carrying out or typing real or virtual transactions without the authorization of the card holder, (d) the Company has facilitated or caused the interception or leakage of Card or transaction data, (e) money Laundering activities, (f) the Company has gone into bankruptcy, liquidation or administration regime or has not been operating for any reason or has been dissolved, (g) alteration of the amounts of the transactions in the debit notes issued from the transactions, (h) self-financing by creating fake virtual transactions, (i) breaking a transaction into more than one transaction, (j) inaccurate applications for issuing a Card, transmitted by the Company to the organization in the context of their cooperation, (k) inaccurate application for cooperation to the organization, (l) making transactions, with invocation of virtual authorization, (m) excess number of chargebacks/ trade disputes, and (n) violation of the terms of the Collaboration Agreement between the Company and the organization regarding the acceptance of the Cards, which are not included in the other reasons. In the data files of “Banking Systems Information – TIRESIAS SA”, the same data with the same terms are also registered (surname, first name, father’s name, tax registration number, identity card, full address, telephone (work and home) of the Company’s Legal Representatives at the time of termination (up to four). The source of data collection of the above business data is EVERYPAY that has contracted with the Company to accept Cards as a means of payment and terminates these contracts for any of the above reasons. The recipients of the data of the above Business are the services of the above organizations that are responsible for the conclusion of the contracts for the acceptance of Cards. All the information entered in the business data file are kept for the period of five (5) years. Each data subject shall have the right of access to the above Business data file, as well as the right of objection, in accordance with the provisions of Law 2472/1997.
17. OBLIGATIONS OF CONFIDENTIALITY – NON-COMPETITION OF THE CUSTOMER
The Customer has the duty of maintaining confidentiality. With particular diligence she will protect the confidentiality of the security features, the passwords and all other security measures and procedures used in the provision of the Services.
The Customer will keep confidential, will not use for her own benefit or for the benefit of any third party, and will not disclose to any natural or legal person the business secrets, methods or information of EVERYPAY including, but not limited to, information on the number and amounts of Billing Orders that it transmits and the amounts, profits or commissions it receives, information about the business organization of EVERYPAY , the know-how of the EveryPay System Applications developed by the Company and its commercial relationships with Affiliated Companies.
This obligation must be followed by the Customer, both during this Contract and after its termination, for any reason whatsoever. By exception, the Customer is entitled to disclose to the officers, responsible for the provision of the Services, and to their supervisors or their superiors, information on the Services to the extent necessary for the provision of the Services, and in general the performance of this Agreement.
In order to protect and safeguard the above confidential data, the Customer undertakes to abstain from any act of unfair competition against EVERYPAY for the duration of this contract and for three (3) months after its termination.
17. RESPONSIBILITY OF EVERYPAY
EVERYPAY is not responsible for acts or omissions of the Customer or its employees in the provision of the Services under this Agreement.
EVERYPAY has taken every possible measure to protect its software and generally the EveryPay System and the automated electronic communications network to support this Agreement against virus, but it does not guarantee the absence of viruses and is not responsible for equipment, software or data damages, or any other kind of harm to the Customer due to virus.
EVERYPAY is not responsible for any malfunctioning of the automated electronic communications network to serve this Agreement and, consequently, for the electronic communication between the Parties due to delays, errors or technical deficiencies in the telecommunications network or equipment of the Customer or third-party services, such as, but not limited to, the provider of internet access services.
EVERYPAY is liable only for deceit or gross negligence on the non-approval and/ or liquidation of an Electronic Payment submitted by the Customer in accordance with this Agreement, including those resulting from technical failure or malfunction of the automated electronic communications network or the System EveryPay or generally their electronic and computerized systems.
EVERYPAY is not responsible for acts or omissions of the Customer and the persons with whom she is trading. Indicatively, it will not be liable for damages that are proven to be solely attributable to the Customer’s sphere of responsibility, as indicatively for damages that may arise from: (a) third party claims attributed to unauthorized payment transactions, (b) third party claims attributable to incorrect payment transactions, (c) claims arising from the exercise of refund rights by the final recipients of the goods or services, (d) administrative penalties and fines imposed on EVERYPAY and/ or on Associates by public authorities or International Payment Organizations, regarding their Electronic Payments processed under this contract.
EVERYPAY is not liable for any damage suffered by the Customer in the event of interference or attempted interference in its systems, as well as in the event of failure to operate the Company’s systems, except in the event of damage directly attributable to the Company’s liability and due to gross negligence or its deceit.
EVERYPAY is not liable for any material or non-material damage to the Customer, in the event of any leakage of her Personal Passwords, which are used to sign to the EveryPay System, that is not due to the Company, or in case a third party in any other way gains an unlawful access to these codes without EVERYPAY ‘s liability.
EVERYPAY shall not be liable, if it does not pay to the Customers amounts that correspond to Electronic Payments prohibited by the Law or the regulations of the International Organizations, or upon the request of the Law or the competent Authority, informing the Customer within four (4) working days, mentioning the reason for the non-payment and the violated provision.
18. DISPUTE SETTLEMENT – APPLICABLE LAW
Any trading relationship of EVERYPAY with the Customer arising from this Agreement is governed by Greek law.
The Courts of Athens are the competent courts for resolving any dispute between the Company and the Customer arising from their trading relationship.
Under the provisions of articles 99 and 100 of Law 4537 as in force, the Customer has the right to file a complaint against the Company at the General Secretariat of Consumers of the Ministry of Competitiveness and Shipping for violating the provisions, in respect of allegations of breaches of articles 38 to 102, except for the provisions referred to in paragraph 6 of article 68 and in articles 94 to 96 of the above Law, and make use of any other alternative dispute resolution procedure, provided for in Chapter 6 (article 98 to 100) of the aforementioned Law.
Insofar the Services provided are addressed to Customers acting in their capacity as Consumers, competent authorities for out-of-court settlement of disputes arising between the Company and the Customer as a payment service user are the Consumer Ombudsman, the Banking and Investment Services Ombudsman and the Conciliation Committees, provided for by law. As the Services provided are addressed to Customers, who are not consumers, and if they seek an amicable settlement of a dispute, they are advised to consult the above authorities in advance on their case-by-case responsibility.
III. SPECIAL TERMS OF PAYMENT SERVICES
1. PURPOSE AND OBJECTIVE
The Payment Services provided by EVERYPAY refer to the acceptance and clearing of payments made by each payer to the Customer as a price for the provision of a good or service provided by the Customer in the context of her professional activity. This payment may be made by the payer using third party means of payment accepted by EVERYPAY , such as Cards (e.g. VISA, MASTERCARD, AMEX etc.).
The Customer is a supplier of products and/ or services, engaged in the sale of goods and/ or services remotely, via the Internet or by using other means of distance communication (e.g. telephone, etc.) and wishes to accept the payment of the price, when making sales by charging the card of the buyers.
By accepting the General and Special Terms and the subsequent conclusion of the Agreement, she consents that EVERYPAY undertakes the provision of Electronic Payment Processing Services, through the EveryPay System. The Customer declares and warrants that she will send to EVERYPAY the Electronic Payments, made by the Holders, for processing and clearing in accordance with the terms, conditions and procedure set in this agreement.
The Services, that are the subject of the Agreement, include the following:
(a) through the EveryPay System and Associates, forwarding of Billing Orders for Automated Approval of Electronic Payments by Affiliated Companies,
(b) through the EveryPay System and the Affiliated Companies, further forwarding of Electronic Payments for Electronic Clearing of the relevant Electronic Payments by Affiliates, and
(c) after the electronic clearing of each Electronic Payment, crediting of the amount cleared to the Customer’s Account and then to the Customer’s Bank Account (cash settlement), as referred to Article 6 of the agreement.
The processing of each Electronic Payment through the EveryPay System is subject to prior approval by the EveryPay System. Accordingly, the Company will promote for electronic clearing through the EveryPay System only approved Electronic Payments.
In order to initiate the Services provision, the Customer is required to have completed the registration, completion and activation procedures of her electronic Account.
The Customer shall provide the consent to EVERYPAY in order for EVERYPAY and its affiliate Partners to be involved in providing the services, requesting information and data from information files and databases held legally, regarding the solvency and reliability of business users and/ or of the participants in their business and of those managing and administrating them and/ or their beneficial owners.
2. ABILITY OF CARDS ACCEPTANCE
Acceptance of Card billing, as a means of payment by the Customer, may be done through the use of mechanisms for remote transactions or through physical POS.
In order to complete the ability to accept Cards issued in a country other than the country where the Customer is based, special information and events and approval of EVERYPAY is required, which is granted at the judgment and the submission of the information requested by EVERYPAY .
In any case, the activation of the user’s ability to accept Cards may require prior a specific approval by the respective International Organization for the Issuance of that Card, at its discretion.
The Customer has the right and is able to accept, by charging the Cardholder’s Card, the payment of the Transaction price made either on a one-off basis or on recurring charges (for example installments) at the order of the Payer, as determined on the Instructions, and in compliance with these Instructions.
The Customer is entitled and able to accept redemption of the price of a Transaction by charging the card either on a one-off basis or in an execution command of a recurring transaction (for example in installments) at the order of the Cardholder.
3. ELECTRONIC PAYMENT PROCEDURE
In order to process each Electronic Payment through the EveryPay System, the Customer forwards a Billing Order in accordance with the terms and procedure of this article.
For online payments, the 3D Secure service is automatically activated during registration, which serves to verify that the transaction completes the cardholder. Disabling the service is based on a request in writing from the Customer, via the e-mail she has entered at her registration, accepting the relevant risks and consequences of disabling the 3D Secure service.
If the Customer wants to make transactions from distance, via the Internet or by using any other distance communication mean (e.g. telephone, etc.), each Billing Order, forwarded from the Customer o EVERYPAY for approval and clearing, through the EveryPay System, should contain the following minimum content:
(a) the details of the Card, i.e. the Holder’s name, the Card number, and the month and year of expiry,
(b) the verification number of the authenticity of the Card to be debited, which is imprinted on the Card body in the space intended for the Holder’s signature, i.e. the CVV/ VISA or CVC/ MC number,
(c) the details of the Electronic Payment, i.e. the amount of the debit and code identification number of the Customer.
Each Billing Order must have the standard content specified in the Guidelines. In the standard content of Billing Orders any personal data of the Holders can’t be included.
Billing Orders are submitted by the Customer to EVERYPAY for approval and clearance via an automated electronic communications network in the EveryPay System, as described the procedure in the Instructions. The automated approval or rejection of a Billing Order is notified online to the Customer through the EveryPay System.
Customer’s access to the Electronic Account and the EveryPay System for the purpose of submitting Billing Orders is made by using special Access Passwords issued by the Customer upon registration on the EVERYPAY System.
By using these Passwords, the Customer is identified. The Customer acknowledges that the submission of the above Codes by her authorized representatives when connecting to the EveryPay System certifies her identity. The Customer for her safety is required to act with due care by taking the necessary security measures to prevent the illegal use of the codes by unauthorized third parties, to keep the codes safe and not to disclose the codes to third parties and generally to ensure that they do not leak. The Customer, as the owner of these codes, is solely responsible for, and bears the risk of any damage to himself or EVERYPAY or Affiliates from unauthorized third-party access to her codes.
The Customer must act in such a way to ensure the confidentiality of passwords and to prevent illegal and or unauthorized use by anyone, not to disclose them to third parties and, in general, take all necessary security and precautionary measures to prevent any leakage, including the obligation to memorize them and destroy any printed matter or other means by which the passwords are sent, as well as the failure to display them, even if they are disguised in another mean. The storage of passwords in any readable form constitutes gross negligence on behalf of the Customer. The Customer is responsible for ensuring compliance with the above obligation of confidentiality of passwords by all employees, executives, directors and, in general, its affiliates and representatives. For this purpose, the Customer must take every precaution to prevent them from leaking to any third party.
If the Billing Order is transmitted via the Customer’s web site, the combined use of the User Name and the User Password, that is activated and communicated to the Customer by EVERYPAY, constitutes a presumption of the use of these Codes by the Customer. The Customer assumes responsibility for any damage caused to EVERYPAY or its third Customer Affiliate from leakage, due to any reason, of the User Name and User Password or as a consequence of their use by an unauthorized person by the customer or by authorized person, in violation of the Terms of Services Provision. Receipt of the Customer’s password is confirmed in writing. EVERYPAY shall provide a procedure for changing the User Name and User Password, if the Customer requests so.
The Customer may be informed through the Electronic Account of the amounts credited/ charged and/ or the amounts that are going to be credited/ debited to the Account and the Bank Account, and generally all payment transactions that have been approved and executed, as well as requests for approval of Billing Orders.
Customer is required to complete transactions made with Cards by delivering the goods sold or offering the services ordered, following faithfully the relevant agreements with the Holders-Buyers and the provisions of the law. EVERYPAY is never involved in any arguments or disputes between the Customer and the Holder, which must be settled by the Customer.
It is forbidden for the Customer to store in any data form the details of the Cards used and the transactions carried out with them, except in cases where this is expressly required by provisions of the Agreement. In any case, it is forbidden to use such data for purposes other than this contract, as well as to transmit it to any third party, unless required by law.
4. CUSTOMER’S OBLIGATIONS
The Customer, in addition to the other obligations foreseen in the General Terms, cumulatively undertakes the following:
(a) Comply with all instructions notified at the time to him by the COMPANY.
(b) Carry out any action to identify and verify the identity of her customers, i.e. in the case of the individual Holder, who uses means of payment that require the identification of their user, such as Cards. The Customer is solely responsible for accurately and adequately completing the process of identifying and verifying the identity of the individual customer (payer), who uses such means of payment, as a legal owner in compliance with the issuer’s instructions for the specific mean of payment with whom she has been contracted for acceptance.
In order to avoid any misinterpretation, the Customer is solely responsible for the proper implementation and compliance of her business and its representatives with the identification and verification procedures, and for taking all necessary measures to ensure that the Transaction is carried out by the legitimate Holder of the means of payment.
(c) The Customer is required to add the EveryPay logo to a prominent place on her website, as well as an informative report according to the following standard:
“Recognizing the importance of electronic payment security, EveryPay is a licensed Payment Institution by the Bank of Greece (Decision No. 280/3 / 23-7-2018 GG B 3010 / 25-7-2018), and manages securely card payment transactions, in accordance with the regulatory framework of the card transaction security management standard. EveryPay is certified in accordance with the PCI DSS compliance standards, and is subject to periodic audits by a qualified consulting firm. All EveryPay services are made through secure connections with 256 bit SSL certificates. EveryPay also supports the ability to use the 3D Secure service, an additional security token for VISA, MasterCard & American Express. The Payer then has to enter her personal secret code to complete the transaction successfully».
(d) Ensure increased diligence in properly informing the Cardholder regarding the charging of the Payment Card or other means of payment for the price of the goods and/ or services to be supplied, including any shipping costs.
(e) Not to accept Payment Cards as means to withdraw cash.
(f) Not to prevent the use of a Payment Card in its transactions, nor to impose any trade restrictions or conditions for the acceptance of the Card, such as the purchase of a minimum amount or the payment of part of the price in cash.
(g) Not to collect, maintain and/ or process in any way, and not disclose to third parties in any way the authentication verification elements and the rest of the Card details or any other element or information relating to the Transactions, whether imprinted on documents or either kept in electronic form, neither to use these elements for any reason or purpose other than the realization of this particular each time Transaction and the operation of this Agreement.
(h) Keep a record with the copies of the transaction data, in order to be able to verify the charges and amounts of payments attributed to the Company, in particular, all relevant accounting source documents, in order to place them directly for control and at any time at the disposal of EVERYPAY at its request, in the context of the fulfillment of EVERYPAY ’s obligations or the Affiliated Entities’ vis-à-vis the Bank of Greece, the other competent authorities and International Card Organizations. In the accounting source documents of a transaction that the User is required to keep, the receipt issued by POS terminals is expressly included, provided the transaction was executed in this way. EVERYPAY may, depending on the kind and nature of the Customer’s Transactions and its Business, require specific evidence per transaction, informing the Customer in writing at any point of time.
(i) In any case, the Customer is expected to comply with the PCI, DSS, AIS security standards set by the International Systems, if for any reason whatsoever she maintains data regarding customers, transactions, card holders and Payment Cards details in electronic form.
The Customer must not do the following as part of her cooperation with EveryPay :
(a) Accepting Payment Cards, which have previously been declared lost or stolen.
(b) Carrying out or entering any Transaction (actual or virtual) without the authorization of the Holder.
(c) Violating the terms of any agreement of co-operation between him and the Organizations for accepting Cards, including the COMPANY, that are not included in the other reasons.
(d) Facilitating or causing interception or leakage of Card details and/ or the Transaction.
(e) Taking actions that may constitute money laundering from criminal activities in accordance with applicable law
(f) Changing the amounts of the Transactions in debit notes issued in the course of trade.
(g) Self-financing through creating virtual transactions.
(h) Breaking down transactions in smaller individual transactions.
(i) Providing inaccurate information to the COMPANY or its representatives.
(j) Making transactions by invocating a virtual authorization.
(k) Overwhelming number of chargebacks/ trade disputes.
5. MAXIMUM LIMIT OF TRANSACTIONS
EVERYPAY can designate and inform the Customer about a maximum limit of transactions. Transactions with price higher than this limit can only be completed after EVERYPAY has approved the transaction. The maximum transaction limit can be defined specifically for each Card, while the Customer is notified by EVERYPAY . EVERYPAY reserves the right to ask the Customer, at its discretion, for additional information in order to adjust these limits concerning him.
Transaction or transactions with the same Card, on the same day, with a value greater than the current relevant maximum limit of Transactions for which no transaction approval has been granted, are not recognized as valid.
It is explicitly forbidden to divide the Transaction Value into Segments, the sum of which exceeds the current relevant maximum Transaction Limit. Segmentation of transactions implies that they are not recognized as valid and that the above condition is applied.
Upon completion of a Transaction that excedes the maximum transaction Limit, EVERYPAY is not obliged to pay the Customer and may block this amount. Any amount that may be paid to the Customer is refundable from the Customer. As far as the return procedure is concerned, the conditions set out below in clause III.7 «REFUND PROCESS» will apply.
6. CUSTOMER SETTLEMENT
EVERYPAY at the end of every business day, in which the amount of the payment is credited to its account, will credit the Balance on the Customer’s Account with the equivalent amount of the Transactions made and cleared, using the EVERYPAY Services within the previous day. Exceptionally, EVERYPAY may deviate from the above credit deadline for reasons attributable to the systems or procedures of the Affiliates. EVERYPAY will deposit the Customer’s Bank Account after having received the amount of the payment itself from the Affiliate.
The time of the above-mentioned clause on this agreement can be extended at any time by a written notice via e-mail send to the Customer by the company, if any of the following circumstances occur:
(a) In the case that the User violates the Terms, and for the time period that this is investigated by EVERYPAY , according to the applicable law.
(b) If the amount of a Transaction is frozen.
(c) In the case of transactions involving a high risk for EVERYPAY and/ or the financial system in general, e.g. Transactions where payment is made with a Card and are related to the provision of postdated services (i.e. services that are not fully provided at the time of payment and/ or payment of their price, but are either durable or provided at a later date), and/ or in the case of sale of goods with a later date of delivery to the final recipient and/ or up to the time limit that the Customer himself allows to the final recipients to return the products sold or services provided.
(d) If a transaction has been disputed by the Payer.
(e) If the company has requested the Customer to provide information in accordance with the terms of the last paragraph of Article II.4 above, i.e. (a) provide transaction data (b) compliance letters and / or responsible statements of compliance or no objection, and (c) to carry out sample checks.
(f) In such cases, as mentioned above under (a), (b), (c), (d) and (e), EVERYPAY reserves the right to take appropriate and sufficient measures, at its sole discretion, in order to protect the transactions, its business and/ or its cooperation businesses, as illustrative (and not restrictive), to freeze the amount by which the Client’s accounting balance has been credited and make it available by releasing it in installments successively with the provision of the relative service, until completion of the service, and/or ask the User to provide with all appropriate and adequate warranties and documentation.
(g) In any case, where the Customer has requested and agreed with EveryPay a different clearing time of transactions.
EVERYPAY reserves the right not to recognize Transactions made in violation of the Special Terms and in general of the Agreement. In this case, the return procedure takes place, as provided below in clause III.7 “REFUND PROCESS”.
The Customer must keep a record of the Transaction Data in order to be able to verify the charges and credits of the Account, and to compare them with the Transactions made, as well as to be able to document them in the case of a Refund request, providing the relevant copies to EVERYPAY whenever requested.
7. REFUND PROCESS
Α. Transaction Dispute
Should EVERYPAY become aware of any Transaction dispute for any reason (e.g. as unapproved, revoked, incorrect) by the Holder, the Customer shall pay to EVERYPAY the equivalent of the Transaction in dispute within the date of notification of the dispute or other deadline set by EVERYPAY at its discretion and to provide EVERYPAY, promptly and within the deadlines set by
EVERYPAY, with all the data and information required to document the realization, authenticity, validity and correctness of the Transaction. For the payment of the refund the Customer hereby expressly and unconditionally authorizes EVERYPAY to hereby collect the amount of the disputed transaction by debiting the Customer’s Available Balance.
For the period from the disclosure to the Customer of the Request to dispute, until the completion of the documentation process, the equivalent amount of the Transaction in dispute, at the discretion of EVERYPAΥ, may instead of being immediately repaid, be pledged and the available balance
reduced by an equal amount.
Should EVERYPAY deem that the Transaction was sufficiently substantiated, the pledged amount shall be released, credited and added to the Available Balance at that time.
In the event that EVERYPAY considers that the Client has not fulfilled its above obligation sufficiently and/or that the Transaction is not sufficiently justified based on the provided data and information, the pledged amount is debited to the payee who disputed it, and the available
balance is reduced accordingly.
If the Customer has not paid the equal amount of the Disputed Transaction and the Available Balance is not sufficient to cover the pledged amount, for this reason or for any reason, any subsequent credit of the account shall be used to cover the pledged amount increasing the outstanding balance instead of the Available Balance until its full coverage. This procedure does not preclude EVERYPAY from seeking to recover the amount of the disputed Transaction with other judicial and extrajudicial means.
In the case of a refund request from the Customer due to cancellation or withdrawal from the Transaction, the above procedure shall apply accordingly. In the above context, EVERYPAY may request all data and information that justify the cancellation or withdrawal of the Transaction,
in accordance with the applicable provisions, contractual and legal. The Customer is obligated to promptly notify EVERYPAY thereof and return to the Company any amount corresponding to the canceled transaction or Debit Order or legal cause thereof within one (1) business day, plus any interest or expenses incurred by EVERYPAY, authorizing the company expressly and unconditionally as to set off (once or partially) the amount to be refunded with any amount due to the Customer and expressly and unconditionally authorizing EVERYPAY to directly debit the Account with such amounts.
8.COMPENSATION OF EVERYPAY
The transaction cost due to EVERYPAY with the related taxes is automatically deducted from the amounts of the Transaction collected, the price of which was charged using the EVERYPAY Services, under these General and Special Terms, before being attributed and credited to the Account. These charges are posted on the following website.
The Customer is informed about the completed Transactions and the respective charges and credits of the balance and the available balance online through her Account.
EVERYPAY is not obliged to pay to the Customer, and she must return to EVERYPAY directly and proportionally as provided in clause III.7. “REFUND PROCESS”, an amount corresponding to a Transaction in which (alternatively):
(a) the goods have not been delivered or have not been lawfully received or delivered late or in an inappropriate manner, or the services have not been provided in whole or in part, or have been poorly provided
(b) the goods were returned due to withdrawal
(c) prior to the receipt of the goods, the consumer declares that she wishes to cancel all or part of the order of the goods or the mean of payment used to complete the Transaction was canceled for any reason
(d) a violation of the obligations, undertaken by the Customer, has been committed under the Agreement and the Instructions with which she is required to comply.
(e) it was not made by the legal holder of the mean of payment used or authorized by him, the burden of proof in this case being borne by the Customer.
The Customer for this reason provides the explicit and unconditional authorization to EVERYPAY to charge the Balance and to undertake from the Available Balance of the Account the relevant amounts in the event of the above reasons happening, offsetting them with any Customer’s claims to 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, are a complete proof of the Customer’s due amounts to EVERYPAY , and can’t be disputed by the Customer, but only in the case of an obvious error.
9. CUSTOMER’S RESPONSIBILITY TOWARDS CONSUMERS
The Customer is solely diligent and solely responsible for the completeness, truth and accuracy of the information provided to consumers regarding to her products and her business and operation in any way they are provided or/ and publicized.
EVERYPAY has no responsibility for the Customer’s compliance with its obligations towards consumers arising from the applicable laws, such as for example provisions regarding consumer protection, conducting distance transactions, personal data protection, with which the Customer has to comply, while doing business with the individual consumer.
The Customer acknowledges and accepts that due to Articles 4 and 4a of Law 2251/1994 for distance contracts, the consumer has the right to unreasonably withdraw from the Transaction within fourteen (14) days from the date of receipt of the product she has ordered, if not a longer deadline was agreed, returning the product to its original condition, to the extent possible depending on the nature of the product and in accordance with the applicable legislation, excluding the burden on the consumer with any cost other than return expenses. In this case, the Customer has to refund the amount of the Transaction within thirty (30) days.
The Customer is required to provide the products without any legal or functional defects or shortcomings, in due time and with due diligence, with due regard for the protection of consumers and their stated wishes.
EVERYPAY has no responsibility for any failure to complete the consumer’s/ customer’s order of the Customer, non-delivery or delivery or inappropriate and/ or timely delivery or provision of the products or existence of defects or lack of the agreed properties of the ordered products. Any opposition or dispute will be resolved exclusively between the Customer and the interested consumer/ customer.
Transactions involving products that belong within the categories listed in the “Non-acceptable customers” list below are forbidden to be completed through EVERYPAY . If it is detected that the Customer has entered into a Transaction in breach of this prohibition, the “Refund” provisions shall apply proportionately and EVERYPAY may terminate the services provided to the Customer without further notice.
10. NON-ACCEPTABLE TRANSACTIONS AND NON-ACCEPTABLE CUSTOMERS
According to the Acceptable Customer Policy that EVERYPAY follows, it does not provide Payment Services to the following categories of Business, Products, or Services.
Any person applying for PAYMENT SERVICES at EVERYPAY declares that she does not fall under any of these categories.
- Casino and betting companies, operating without permission or supervision, including online gambling companies.
- Fictitious banks and providers of Financial Services without a legal license
- Legal or Natural Persons providing Pawn Services
Unacceptable categories of products/ services
Arms: Firearms, ammunitions, and other items including but not limited to firearms, disguised, detectable or switchblade knives, martial arts arms, silencers, ammunitions, weapons and tear gas.
Firearms devices and hazardous materials: Fireworks and related products. Toxic, flammable, and radioactive materials and substances, powder and explosives.
Pornographic material and services:
- Pornography and escorts or dating services.
- Pornographic material with minors, or content that can be termed as pedophilia.
Drugs and parapharmaceutical products: Drugs and narcotics and drug accessories, including psychoactive and herbal remedies, such as salvia and magic mushrooms and promotional materials for their use. Legally non-illicit substances, such as plants or herbs, in a way that by ingestion, inhalation, extraction or otherwise any substance used or compound that will provide the same effect as an illegal drug.
Gaming/ gambling: Lotteries, non-licensed sports bets, participation – registration on online gambling, and any other relevant content.
Electronic Money Products and Services: Electronic Money Cards and related products and services.
Precious materials: Bulk sale of rare or precious metals or stones.
Prescription drugs and medical devices: Medicines or other products that require a prescription from an approved medical practitioner or veterinarian. Medical devices requiring special permission to be distributed. Tested drugs as aids.
Miraculous therapies: Unfounded therapies or other elements as easy health solutions.
Massive marketing tools: E-mail lists, software, or other products that allow unsolicited e-mails (spam).
Animals & Plant Seeds: Animal parts, blood, or liquid and toxic weeds. Seeds of plants or other organisms (including derivative products threatened with extinction or protected by law).
Copyright and software: Copies of books, music, movies, and any other unauthorized material, copies included. Unauthorized copies of software, video games, etc.
Counterfeited goods or imitations: Copies or imitations of a designer or other goods and objects. Unverified personality autographs. Fake copies, coins, stamps, tickets and more.
Devices or techniques for the release of technical protection measures: Mod chips or other devices to circumvent technical protection measures for digital devices, as well as unlocking iPhones.
Financials or other products, services, and mortgages: Investments, refinancing or transfer of non-recoverable debt, stock market disbursements, payment orders, travel checks, shares, bonds, or other similar financial products, shares of collective investment undertakings, credit services, services regulated or prohibited by applicable law.
Government ID cards, documents, or uniforms: Government ID cards, passports, diplomas, nobility titles, as well as uniforms.
Hacking and Cracking materials: Handbooks, guides, information, or equipment that violate the law, harm or allow unauthorized access to software, servers, websites, or other protected data.
Human Parts: Organs or other human body parts, body fluids, stem cells, fetus.
Stolen Goods: Materials, products, or information promoting illicit goods or illegal actions, handling of goods that are not owned or have the right to be sold, as well as products produced violating third party rights. Smooged goods and motor vehicles subject to transfer restrictions. Goods registered in public registers (such as real estate), the transfer of which requires formalities, which can not legally be completed online.
Illegal telecommunication equipment: Devices designed to obtain cable and satellite signals free of charge. Cable descramblers and black boxes, access cards, scheduled access cards and unloopers, illicit tools or products for modifying mobile phones and other devices deemed illegal by the competent regulatory authorities of the country in which the goods are offered for sale.
Multi-level marketing and wealth creation programs: Multi-level marketing (including online payment randomizers), matrix, pyramid, ponzi systems, wealth creation programs, as well as all similar programs.
Aggressive goods: Goods, literature, products or other materials that:
- Disparage or discriminate people or groups of people based on the race, ethnic group, ethnic origin, religion, gender or other factors
- Disparage or discriminate any person or groups of people, who are protected from defamation or slander by applicable law
- Encourage or incite violent acts
- Promote intolerance and hatred
- Encourage or support participation in terrorist groups or other organizations prohibited by law
- Promote revisionist theories prohibited by applicable law
- Violate principles of morality
Criminality: Photos, scenes or objects, such as personal belongings, associated with criminals or criminal acts.
Regulated goods: Airbags and batteries containing mercury, freon or similar refrigerant, chemical and industrial solvents. Medical procedures. Car titles, license plates, police badges, medical devices, pesticides, insecticides, etc.
Protected cultural objects and works of art: Material covered by the UNESCO Convention 1970 on the Prohibition and Prevention of the Illicit Import, Export and Transfer of the ownership of Cultural Property, and any other relevant good in respect of which there is a restriction on sale, export or transfer by law. Artifacts, cave formations (caverns, stalactites, stalagmites, etc.) and tombs associated with items protected by national and federal laws.
Traffic devices: Radar jammers, license plates, traffic signal converters, and related products.
Academic and test-taking services: Dissertations and academic work. Offers for test-taking services.
11. PROVISION OF PAYMENT SERVICES THROUGH MARKETPLACE
If you sign up to receive payment services / payments through sales and / or services through the marketplace with which EveryPay has contracted for this purpose, as part of your respective contractual obligation with the third party, these terms apply mutatis mutandis to the specific services you will receive.
As marketplace payment / payment service recipients, you acknowledge that the specific agreements between EveryPay and the third party with which you have contracted to sell your products / services through its marketplace website / shop are hereby governed by (and not restrictive) in the verification – authentication, termination procedure (Articles 3, 4, 15 General Conditions), and in the procedure – time limits for clearing the transaction, repayment, refund and remuneration procedure (Articles 6, 7, 8 of the Special Terms).
When you receive payment services through a third party website / storeplace you agree to and consent to the transfer of payment orders from the third party in accordance with all agreed terms, and to the transmission of your verification identification information. Finally, you agree that when making 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.