These General Terms and Conditions (hereinafter: GTC) regulate the rights and obligations in connection with the use of the services of the Provider PaymentMasta and the PaymentMasta Customer in connection with the use of the PaymentMasta Services and the other services, applications, mobile applications and functions offered by PaymentMasta, unless PaymentMasta expressly provides otherwise.
The General Terms and Conditions of PaymentMasta shall apply exclusively. Terms and conditions of the PaymentMasta customer that conflict with or deviate from these GTC shall not be recognized unless PaymentMasta has expressly agreed to their validity in text form. These GTC shall also apply if PaymentMasta provides services to the PaymentMasta customer without reservation in the knowledge of terms and conditions of the PaymentMasta customer that conflict with or deviate from these GTC.
Furthermore, PaymentMasta may, with the consent of the PaymentMasta Client, amend the content of the existing contract as well as these Terms and Conditions. The consent to the amendment shall be deemed granted if the customer does not object to the amendment within one month after receipt of the amendment notification. PaymentMasta undertakes to inform the customer in the course of the notification of change of the consequences of a failure to object.
The German version of these terms and conditions shall prevail.
Offer and conclusion of contract
Unless otherwise agreed, PaymentMasta shall remain bound to the offer for 30 days. Offers made by PaymentMasta on the basis of inaccurate or not yet available information shall be considered as a basic willingness to conclude a contract, but not as a binding offer. Price quotations contained therein have non-binding indicative price character.
The contract between PaymentMasta and the PaymentMasta client is concluded by the return of the signed offer. In the case of small orders, for which no written offer is prepared, the contract is concluded when the order is placed by the PaymentMasta client.
The minimum term of the contracts corresponds to the contract term selected in each case. After expiry of this minimum contract period, the contract is extended by the same term in each case. Cancellation must be made in writing 30 days before the subscription expires, unless the automatic renewal is deactivated within this period.
The offers of PaymentMasta are to be understood as indicative price offers. The information about the number of time units is based on an assumption. The work is carried out according to expenditure. Invoicing is done according to effective effort, which can lead to a deviation of +/- 10% from the target price.
Services of PaymentMasta
In addition to the payment platform (hereinafter: Platform), PaymentMasta also offers individual software developments on a quotation basis and Professional Services.
Terms of payment
Invoices for chargeable services are provided to the customer in PDF format.
The respective invoice amount is to be paid in full to PaymentMasta within 30 days of receipt of the invoice, unless otherwise agreed.
The timeliness of payments depends on the receipt of the amount at PaymentMasta's unconditional disposal.
In the case of payment by bank transfer, the intended purpose specified by PaymentMasta must be stated. If the customer transfers with a different purpose, he must inform PaymentMasta immediately and provide PaymentMasta with a proof of payment. This proof must contain the following data completely and decipherable: The bank details (IBAN) of the sender's account, the name of the account holder, the date of payment, the amount, the intended purpose and the bank details (IBAN) of the recipient. The burden of proof of a payment lies with the customer.
PaymentMasta is also entitled to discontinue the services if the fees are not paid.
Payments are due in the respective local currency or CHF or EUR.
Costs for late payment: processing fee (from day 70 after invoice date at the earliest, when handed over to collection service provider) depending on the amount of the claim, maximum amount in CHF or EUR: 50 (up to 20); 70 (up to 50); 100 (up to 100); 120 (up to 150); 149 (up to 250); 195 (up to 500); 308 (up to 1,500); 448 (up to 3,000); 1,100 (up to 10,000); 1,510 (up to 20,000); 2,658 (up to 50,000); 6% of the claim (from 50,000).
PaymentMasta shall not be liable for any failure, damage or loss of revenue caused by discontinuation of services due to incorrect or late payment, provided that the error or delay is the fault of the Client.
Unless otherwise stated, discounts or promotions apply to the first contract period of a contract term. The extension of the contract is subsequently at the current, valid, full price. PaymentMasta is entitled to unilaterally adjust the offer, the contractually agreed conditions (visible in the contract and in the merchant administration), as well as payout fees (visible in the merchant administration).
All prices are inclusive of value added tax. The applicable VAT rate is shown on the invoice at the latest. If the customer or the associated company is not domiciled in Switzerland, the customer will receive a net invoice.
Usage and safety
Through PaymentMasta's payment platform, you may only accept and process payments for the legitimate sale of legal goods and services in accordance with the specific standards of the company's country of incorporation and the customer's country. Certain business models are not supported by PaymentMasta Direct and PaymentMasta Swiss Collecting payment providers. These business models are determined by payment partners that PaymentMasta uses to process transactions. By registering with PaymentMasta, you acknowledge that you will not use our services for any activities other than those expressly authorized by PaymentMasta during registration with PaymentMasta or subsequently. If PaymentMasta believes or suspects that you are nonetheless accepting payment for prohibited activities under these Terms, such activities must cease immediately upon PaymentMasta's request. If you have not ceased the Prohibited Activities within the time period set by PaymentMasta, PaymentMasta reserves the right to terminate this Agreement without notice. If PaymentMasta determines that your activities pose a risk to PaymentMasta or the Payment Partners, PaymentMasta reserves the right to terminate this Agreement with immediate effect and without prior notice in the event of such activities.
In the event of suspicion or evidence of fraud, illegal activity, or situations detrimental to PaymentMasta's reputation, PaymentMasta has the right to terminate this Agreement with immediate effect or to temporarily suspend payments and withdrawals. In addition, PaymentMasta may, at its sole discretion and in accordance with its internal policies, decide to make recoveries on your behalf. In such cases, you will be notified unless such notification is not permitted by law or is deemed undesirable in the course of the investigation; PaymentMasta will not be liable for any damages incurred as a result.
Right of withdrawal
Customers are generally entitled to a right of withdrawal.
In the event of revocation of a contract, PaymentMasta will repay the payment received under this contract immediately and at the latest within fourteen days of receipt of the revocation. For this repayment PaymentMasta will use the same means of payment that the customer used for the original transaction.
Data protection
PaymentMasta ensures that personal data of customers are collected, stored and processed only to the extent necessary for the provision of services and permitted by law, or ordered by the legislator.
In the event that declarations of consent under data protection law are obtained from the customer in the context of the use of the services, it is pointed out that these may be revoked by the customer at any time with effect for the future.
Insofar as there is processing of data on behalf, customers may request the conclusion of a commissioned data processing agreement.
In this context, PaymentMasta may also change details of the processing of data via its websites. The latest information on the purpose, type and scope of the collection, processing and use of personal data can be found in the data protection information. There you will also find information about the cookies and services used by PaymentMasta.
Limitation of liability
PaymentMasta's liability is limited in case of intent or gross negligence for all damages caused by PaymentMasta.
In case of slight negligence PaymentMasta's liability is limited in case of injury to life, body or health.
In all other respects PaymentMasta shall only be liable if PaymentMasta has violated an essential contractual obligation. Essential contractual obligations are abstractly defined as those obligations whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the customer may regularly rely. In these cases, liability is limited to the replacement of the foreseeable, typically occurring damage, but at most to the amount of the fees already paid.
As far as the liability of PaymentMasta is excluded or limited according to the aforementioned regulations, this also applies to vicarious agents of PaymentMasta.
Liability under the Product Liability Act remains unaffected.
Final provisions
The law of the Swiss Confederation shall apply - insofar as legally permissible - to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
If the customer is a legal entity under public law or a special fund under public law, our registered office shall be the exclusive place of jurisdiction for all disputes arising from the contractual relationship.
Should individual provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions.
