izettle

Payment terms and conditions

Last updated: 25 May 2018

These payment terms and conditions, including the terms, policies, guidelines and instructions referred to herein, (“Payment Terms and Conditions”) and the general terms and conditions governing your access to our services (“General Terms and Conditions”) constitute a legal agreement between iZettle AB (publ), corporate registration number: 556806-0734, with its registered office at Regeringsgatan 59, 111 56 Stockholm, Sweden (“iZettle”, “we”, “our” or “us”) and you, the sole trader, company or other business entity having created an account with us (the “Merchant”, “you” or “your”), governing your access to and use of our payment processing services (together, the “Payment Service”).

By accepting or otherwise agreeing to these Payment Terms and Conditions, you acknowledge that you have read, understood and accept to be bound by these Payment Terms and Conditions. If you do not agree to these Payment Terms and Conditions (or if you do not have the right to bind the company or other business entity you are representing), you are not permitted to access or use the Payment Service, and you should not accept these Payment Terms and Conditions.

Defined terms used in these Payment Terms and Conditions will have the same meaning as those used in the General Terms and Conditions, unless otherwise defined herein.

iZettle is a Swedish E-money Institution duly licensed to issue electronic money and provide payment services under the Swedish Electronic Money Act (2011:755) and the Swedish Payment Services Act (2010:751), respectively (together, the “Regulations”) and is registered with, and supervised by, the Swedish Financial Supervisory Authority. iZettle provides the Payment Service to customers in the United Kingdom on a cross-border basis in accordance with Article 28 of the Payment Services Directive 2015/2366.

As a payment facilitator we facilitate the processing of payment transactions and, in order for us to do this, we have entered into agreements with acquiring banks (“Acquirers”). The Payment Service is, in addition to these Payment Terms and Conditions and the Regulations, governed by the requirements and guidelines established by our Acquirers as well as the requirements and guidelines (together, the “Card Scheme Rules”) established by Visa Europe Limited, MasterCard Europe S.A., American Express Limited and other applicable card schemes (together, the “Card Schemes”).

It is important that you understand the risks and liabilities associated with the use of the Payment Service, and we therefore encourage you to read these Payment Terms and Conditions carefully before agreeing to them and before you start using the Payment Service.

If you have any questions or concerns regarding the content of these Payment Terms and Conditions or would like to get a better understanding of how the Payment Service works, please do not hesitate to contact us by telephoning our customer success team at 020 369 999 34 or by emailing us at help.uk@izettle.com.

PART 1 – ACCESS TO AND USE OF THE PAYMENT SERVICE

1. Registration

In order to get access to and use the Payment Service, you must create an iZettle Account as further described in section 1 of the General Terms and Conditions.

In addition to the warranties provided under section 1 of the General Terms and Conditions you warrant to us that: a) you will use the Payment Service solely for trade, business or professional purposes in the United Kingdom, b) you will not directly or indirectly use the Payment Service in or into any other country unless otherwise agreed with us, and c) you, as a natural person, are at least 18 years of age or, if you are under eighteen 18 years of age, you have obtained the consent of your parent or legal guardian to your acceptance of these Payment Terms and Conditions and use of the Payment Service in the manner prescribed by us.

In order to get access to and use the Payment Service, you will be required to provide additional information about you and your business, including your name, registered trade name, registered address, names you are doing business under, business addresses, purpose and nature of your business, a complete description of your products and services and, where applicable, information about beneficial owners and principals of your business. You must also make sure that all information that you provide is and remains accurate, complete and up-to-date. You must inform us of any changes and update the information in your iZettle Account accordingly without undue delay.

We reserve the right to suspend your access to and use of the Payment Service and to terminate and close your iZettle Account if you provide us with inaccurate, untrue, or incomplete information, or if you fail to comply with any account registration requirements.

If there has been no activity on your iZettle Account for at least two consecutive years and you have a balance on your iZettle Account, we will notify you to the email address registered by you and/or associated with your iZettle Account and give you the option to keep your iZettle Account active or to close your iZettle Account and request a withdrawal of any funds that we hold on your behalf. If you do not respond to our notice within thirty days, we will automatically close your iZettle Account and any funds that we hold on your behalf will be handled in accordance with applicable law and, if permitted, accrue to us.

In order for us to be able to pay out funds credited to your iZettle Account in accordance with section 15, you must designate and, if we so request, verify a bank account held in your name in a bank in the United Kingdom. You authorize us to direct questions to and obtain information from the relevant bank, inter alia when applicable for the purpose of verifying your designated bank account. You agree, upon our request, to take all reasonable measures to assist us in verifying your bank account. In the event that your designated bank account is incorrect or incomplete or if we for any reason cannot verify that the bank account is held in your name, we may de-connect the bank account from your iZettle Account, and you confirm and agree that we will not be under any obligation to pay any funds to you until such time you have provided correct and complete bank account information and we, as applicable, have been able to verify that you are the holder of the bank account.

2. Underwriting

In connection with you creating an iZettle Account and signing up for the Payment Service, we will perform credit checks and other verifications which may require that you supply such additional information and documentation as is reasonably required in order for us to verify your identity and otherwise to fulfil, and be satisfied that we have complied with, all our anti-money laundering, counter terrorist financing and similar regulatory obligations. We may perform additional credit checks and verifications from time to time to determine whether you continue to be eligible for access to and use of the Payment Service. We may also request your permission to do a physical inspection at your place of business and to examine your books and records that pertain to your compliance with these Payment Terms and Conditions. You agree to comply with any such requests without undue delay. You authorize our Acquirers and us to, from time to time, retrieve information about you from, and provide information about you to, third parties, including credit reporting agencies or bureaus and other information providers, and you authorize and instruct such third parties to compile and provide such information to us.

Once we have obtained, collected and verified all your information, we will assess whether you are eligible to get access to and use the Payment Service. You agree that we have the right, in our sole discretion, to determine whether or not you are eligible for access to and use of the Payment Service. We will only be bound by these Payment Terms and Conditions once we have determined that you are eligible for access to and use of the Payment Service.

We reserve the right to suspend your access to and use of the Payment Service and to terminate and close your iZettle Account if we determine that you are no longer eligible for access to and use of the Payment Service or if you fail to promptly comply with any requests from us in accordance with the above.

3. Our role

The Payment Service will enable you to accept and process payments from your customers (i) by Card through the use of the App installed on your smartphone, tablet or other compatible mobile device connected to your iZettle Reader, (ii) when your customers pay an invoice online using a Card or any other online payment method made available by iZettle in your jurisdiction (the “Invoicing Service”), (iii) and when your customers pay for your products and/or services through a payment link provided to your customer by email, text message or similar communication tool.

Provided you have signed up for our service enabling you to sell products and/or services online (the “Online Store Service”), the Payment Service will enable you to accept and process payments from your customers who will be able to pay online using a Card or any other online payment method made available by iZettle in your jurisdiction.

The availability of these payment alternatives depends on your jurisdiction. For more information, please visit our Website.

In providing the Payment Service, we will facilitate the processing of payment transactions carried out through the use of the Payment Service on your behalf, credit the funds received by us from such transactions on your iZettle Account and settle such funds (less our Fees, Chargebacks, reversals, claims and other funds owed to us) to your designated bank account in accordance with these Payment Terms and Conditions. We will hold an amount equal to the balance on your iZettle Account, on your behalf separated from our own funds, but together with amounts held on behalf of other merchants, in a designated client account (“Client Account”) in a bank in accordance with the Regulations.

You authorize and instruct us to receive, hold and disburse funds in accordance with these Payment Terms and Conditions on your behalf. This authorization and instruction will remain in full force and effect until your iZettle Account is closed or terminated.

You agree that we may at any time update or modify the Payment Service. We will always attempt to notify you of any such updates or modifications with reasonable notice in accordance with section 19 of the General Terms and Conditions. However, we reserve the right to implement such updates and modifications with immediate effect without prior notice to you where necessary to maintain the security of our systems or to comply with applicable laws, rules and regulations, including the Card Scheme Rules.

4. Service level

Although we will use all commercially reasonable efforts to provide the Payment Service 24 hours a day, seven days a week, we do not warrant that the Payment Service will be free from interruptions, delays or errors caused by our systems, acts or omissions of our Acquirers, the Card Schemes or other third party service providers, general Internet failures or force majeure. You must notify us without undue delay through Website or by contacting our support at help.uk@izettle.com if you experience any interruptions, delays or errors in the Payment Service, and provide all reasonably requested information and assistance in identifying and resolving such interruptions, delays or errors.

From time to time we will perform maintenance and upgrades of the Payment Service, which may result in interruptions, delays or errors in the Payment Service. Although we will do our best to notify you in advance of any planned maintenance in accordance with section 19 of the General Terms and Conditions, we cannot guarantee that such notification will always be provided.

5. Card Scheme Rules

By accepting these Payment Terms and Conditions, you confirm and agree that you will comply with the Card Scheme Rules insofar applicable to merchants and available online or provided to you by us, our Acquirers or the Card Schemes. Certain Card Scheme Rules are available to the public at: https://www.mastercard.us/en-us/about-mastercard/what-we-do/rules.html, https://www.visaeurope.com/receiving-payments/. You confirm and agree that the Card Scheme Rules have precedence over these Payment Terms and Conditions and that, in case of any conflict between a provision in these Payment Terms and Conditions and the Card Scheme Rules, the latter will prevail.

We reserve the right to amend these Payment Terms and Conditions in accordance with section 24 of the General Terms and Conditions, or a shorter time if so required by the Card Schemes, as necessary to comply with the Card Scheme Rules or otherwise address changes in the Payment Service.

6. App and iZettle Reader

In order to use the Payment Service for sales from a physical sales location, you must download and install the App and obtain one of our compatible card reader devices (“iZettle Reader”).

You may download the App from the Apple Store or Google Play. You must download and use the most recent version of the App that is available, including downloading and installing any updates that become available from time to time. The App may also be available in other formats, such as in software development kit format.

Information about available iZettle Readers and how they can be purchased can be found on our Website. You may also purchase iZettle Readers from our Accessories Store or from other authorized retailers.

7. Restrictions and limitations

By accepting these Payment Terms and Conditions, you confirm and agree that you will not use the Payment Service to accept payments in connection with the businesses or business activities included in the list of Prohibited Segments. You furthermore confirm and agree that you will not use the Payment Service to accept payments in connection with the following businesses or business activities without our express written approval, which approval we may withhold or revoke in our sole discretion where we find this to pose a risk to our business and/or reputation: a) private healthcare services, b) gambling and betting services (irrespective of if such gambling and betting services are provided in accordance with all applicable laws and authorized by all applicable regulatory authorities), c) financial services (irrespective of if such financial services are provided in accordance with all applicable laws and authorized by all applicable regulatory authorities), d) gift cards, e) event organisers, or e) transportation and travelling.

In addition to any other obligations, requirements, restrictions or limitations set out in these Payment Terms and Conditions, you confirm and agree that you will not: a) apply a price threshold for accepting a Card, b) apply a higher price or additional fees for the use of a Card in connection with a transaction, unless permitted to do so under any laws, rules and regulations of your specific jurisdiction, c) utilize any credit available on any Card to provide cash advances to customers, d) carry out transactions in territories other than the United Kingdom and in currencies other than GBP, d) discriminate between Cards for any reason, unless permitted to do so under any laws, rules and regulations of your specific jurisdiction, e) submit any transaction for processing that does not arise from your sale of products or services to your customer, i.e. you may not submit any transaction for processing which is originating from sales or activities offered by other parties, f) submit any transaction for processing that you know or should have known to be fraudulent or not authorized by the customer, g) act as a payment intermediary or aggregator or otherwise resell the Payment Service, h) submit for processing any transaction representing the refinancing of an existing obligation of a customer, i) require any customer to waive its right to dispute a transaction, j) require any customer to disclose his/her PIN at any point during a Card transaction, or k) where a customer uses a chip and PIN Card, print data referencing any customer's PIN on any receipt.

Our Acquirers and the Card Schemes may from time to time impose certain limits with respect to our merchants’ annual Card transaction volume through the use of the Payment Service. If your annual Card transaction volume exceeds these limits we will notify you thereof and give you the option to enter into an extended agreement that includes our Acquirer or the relevant Card Scheme, as applicable, as a party in order to continue using the Payment Service. If you fail to complete such extended agreement or for any reason cannot be accepted under such extended agreement, we may not be able to accept transactions in excess of the aforementioned limits. In such case, we may also be required to suspend your access to and use of the Payment Service and to terminate and close your iZettle Account.

You may not use the Payment Service to carry out Card transactions with your own Cards or any Cards that are issued in your name.

You may not in any way refer to us, our Acquirers or the Card Schemes as having endorsed your products and/or services.

The use of the Payment Service is subject to certain limits relating to daily Card transaction volume as further specified on our Website.

8. Errors and unauthorized or illegal use

We will assume that you are the sender of any transactions and other instructions to us when sent using your Account Credentials. You must notify us immediately through our Website or by contacting our customer success team at help.uk@izettle.com if you discover or have reason to believe that there has been an error or unauthorized or illegal use of your iZettle Account and, where possible, change your Account Credentials to prevent any further errors and/or unauthorized or illegal use. You must provide us all information and documentation in your possession as to the circumstances of any such error and/or unauthorized or illegal use of your iZettle Account and take all reasonable steps requested by us to assist in our investigation.

9. Accepted Cards

The Payment Service can be used to accept card transactions with most credit, debit and other types of cards (“Cards”) bearing the trademarks of the Card Schemes as further specified on our Website. We may remove or add Cards that we accept at any time without prior notice to you. We will only process Card transactions that have been authorized by the applicable Card Scheme or Card issuer, as the case may be.

You understand that you are solely responsible for verifying the identity of your customers and the eligibility of each presented Card used to purchase your products and services and for all reversed or charged back transactions, regardless of the reason for, or timing of, the reversal or chargeback as further described in section 18.

You undertake to inform your customers of the possibility to pay by Card by displaying signage for all Card options provided by iZettle as possible payment methods in your physical store or online.

10. Fees

For the use of the Payment Service you agree to pay the fees (“Fees”) assessed and calculated by us in accordance with the fee schedule available at our Website.

By accepting these Payment Terms and Conditions, you request and agree that we charge you the Fees (as a blended merchant service charge) assessed and calculated by us in accordance with the fee schedule.

The Payment Service is a payment service exempt from VAT. We reserve the right to amend our fees at any time in accordance with section 24 of the General Terms and Conditions. Fees will be assessed at the time a transaction is processed and will be deducted from the funds received by us and credited to your iZettle Account.

11. Taxes

In addition to what is set out in section 10 of the General Terms and Conditions, you understand and agree that we may from time to time be required to report to revenue or tax authorities, as required by law, your name, address and information regarding transactions processed by us on your behalf through your use of the Payment Service.

12. Processing of payment transactions

You must comply with any and all instructions provided by us to you regarding the acceptance and authorisation of payment transactions, including those available on our Website. You undertake to ensure that all your employees and other eligible representatives who handle payment transactions on your behalf are informed of the content of these Payment Terms and Conditions in advance, and that they have received the training required in order to satisfy the requirements of these Payment Terms and Conditions.

When a payment transaction is made, we will update the transaction information in your iZettle Account confirming that the transaction has taken place and setting out the details of the transaction as further described in section 16.

You must provide customers with a receipt if they request one. Customers may receive an electronic receipt via email or SMS, rather than a paper receipt.

An authorized payment transaction may not be withdrawn by you or your customer after the end of the day on which your customer authorized the transaction.

You agree that you will not provide any false or misleading descriptions of any payment transaction that you submit through the Payment Service and that the descriptions given within itemised transactions will be an accurate and true description of the products and/or services being purchased.

We reserve the right not to authorize or process any payment transaction that you submit through the Payment Service that we believe may be in violation of these Payment Terms and Conditions or any applicable laws, rules or regulations or may expose you or us to harm, including but not limited to fraud or other criminal acts. You authorize us to share information with law enforcement about you, your transactions, or your use of the Payment Service if we reasonably suspect that your iZettle Account has been used for unauthorized, illegal, or criminal purposes.

13. Processing Card transactions

You may use the Payment Service to process card-present transactions (i.e. transactions where both the Card and the customer are present at the time of the transaction) by inserting the Card into the iZettle Reader or swiping the Card and obtaining the customer’s PIN or obtaining the customer’s signature. The App will prompt you as to what verification is necessary, based on a customer’s Card. If a customer’s Card includes an electronic chip, you must always look to obtain chip and PIN authorisation before obtaining a signature.

You may also be able to use the Payment Service to process contactless transactions (i.e. transactions made using the contactless induction technology in an iZettle Reader supporting contactless transactions, including a Card, or smartphone/device transaction using near field communication technology through an iZettle Reader supporting contactless transactions), however you may not process a contactless transaction with a value exceeding the prevailing amount limit for that transaction set by an Acquirer, a Card Scheme and/or us from time to time.

14. Refunds and returns

You must submit any and all refunds and adjustments for returns of your products or services through the Payment Service in accordance with these Payment Terms and Conditions and the applicable Card Scheme Rules. All refunds and adjustments related to Card transactions must be made to the customer’s Card. You undertake to: a) maintain a fair return, cancellation or adjustment policy, b) disclose your return or cancellation policy to customers at the time of purchase, c) not give cash refunds to a customer in connection with a Card transaction, unless required by law, and d) not accept cash or any other item of value for preparing a Card transaction refund.

Full refunds must be for the exact amount of the original transaction including tax and handling charges. The refund amount may not exceed the original sale amount except by an amount equal to any reimbursements to customer for postage costs incurred for product returns. Refunds processed through the Payment Service must be submitted within thirty days of the original transaction. For processed refunds, we will deduct the refund amount (including any applicable fees) from funds owed to you from the processing of other transactions, or funds credited to your iZettle Account. If these funds are not sufficient, you agree to pay all funds owed to us immediately on demand. You are solely responsible for accepting and processing returns of your products or services.

Through the iZettle Account settings, you may select and instruct us to maintain a balance on your iZettle Account specifically for funding refunds or to expedite execution of refunds.

15. Payout of funds

Funds from a payment transaction credited to your iZettle Account will not be paid out to your designated bank account until the transaction is deemed completed. A Card transaction will be deemed completed when we have received the funds from the relevant Card Scheme or Acquirer, as the case may be, on the Client Account. A payment transaction using another payment method will be deemed completed when we have received the funds on the Client Account. Once we have verified your designated bank account (if applicable), we will initiate payout of funds (less our Fees, Chargebacks, refunds, reversals, claims and other funds owed to us) to your designated bank account on the business day immediately following the business day on which we received the funds on the Client Account, unless otherwise set out in these Payment Terms and Conditions.

Through the iZettle Account settings, you may select and instruct us to defer or delay payout of funds to your designated bank account. Payout of funds to your designated bank account is subject to certain limits as further specified on our Website.

Payouts to your designated bank account are executed, at least in part, by third party financial institutions and we will not be responsible or liable for the ultimate credit of funds to your designated bank account once we have paid out the funds to your designated bank account. Furthermore, we will not be responsible or liable for any funds that, due to incorrect or incomplete bank account information provided by you, have been paid to a bank account that is not held in your name.

We reserve the right to temporarily suspend and/or delay payouts to your designated bank account and/or restrict access to any funds credited to your iZettle Account where we need to conduct an investigation or resolve any pending dispute relating to your iZettle Account and/or as necessary to comply with the Card Scheme Rules, applicable law or court order or if otherwise requested by law enforcement or any governmental authority.

16. Transaction information

You may access your transaction information by logging into your iZettle Account. You will also be able to access downloadable reports. The transaction information will also show all Fees incurred, any other amounts charged to your iZettle Account in the relevant period and information on payouts to your designated bank account.

We will provide you with information regarding payment transactions with a reference enabling you to identify the transaction, the amount of the transaction in the currency in which your iZettle Account is credited and the amount of the Fee for the transaction. By accepting these Payment Terms and Conditions, you request and agree that we may aggregate this information for all Card transactions by brand, application, payment instrument categories and rates of interchange fees applicable to the transaction, as applicable, and that we make this information available to you periodically, at least once per month, via your iZettle Account in a format making it possible for you to store and reproduce the information in unchanged form.

17. Reserve

We reserve the right to designate an amount of funds that you must maintain in your iZettle Account and/or accrue a reserve on your behalf (a “Reserve”) to secure the performance of your payment obligations under these Payment Terms and Conditions. We may require and/or hold a Reserve for any reason, including if you have a high rate of Chargebacks, refunds, or other indications of performance problems related to your use of the Payment Service.

The Reserve will serve as security to cover anticipated Chargebacks, refunds and/or unfulfilled products or services or credit risk based on your processing history, and we will have the right to collect and set off from the Reserve all amounts that you owe us under these Payment Terms and Conditions. You authorize and instruct us to make any withdrawals or debits from the Reserve, without prior notice to you, to collect and set off amounts that you owe us under these Payment Terms and Conditions.

18. Chargebacks

Any amount attributable to a payment transaction may be reversed or charged back to your iZettle Account (each, a “Chargeback”) if the transaction: a) is disputed in any way, b) is reversed for any reason by the Card Scheme, our Acquirers, the cardholder or the Card issuer, c) was not authorized or we have reason to believe that it was not authorized, and/or d) is alleged to be illegal, suspicious or in violation of these Payment Terms and Conditions.

For any payment transaction we determine may result in a Chargeback, we have the right to withhold the likely amount of the Chargeback in a Reserve. We may recover the amount of any Chargeback and any associated fees, fines, and/or penalties assessed by the Card Schemes or our Acquirers from funds credited to your iZettle Account or any other funds due to you under these Payment Terms and Conditions. If we believe that a Chargeback is likely with respect to any payment transaction, we may withhold the amount of the potential Chargeback from payments due to you under these Payment Terms and Conditions until such time that: a) a Chargeback is assessed due to a customer’s complaint, in which case we will retain the funds, b) the period of time under applicable law or regulation by which the customer may dispute the transaction has expired, or c) we determine that a Chargeback on the transaction will not occur. If we are unable to recover funds related to a Chargeback for which you are liable, you will pay us the full amount of the Chargeback immediately on demand. You agree to pay all costs and expenses, including without limitation attorneys’ fees and other legal expenses, incurred by or on behalf of us in connection with the collection of all balances unpaid by you.

If we determine that you are incurring an excessive number of Chargebacks or that Chargebacks related to you are too frequent, we may establish controls or conditions governing your iZettle Account, including without limitation: a) create a Reserve in an amount reasonably determined by us to cover anticipated Chargebacks and related fees, penalties or fines, b) suspend your access to and use of the Payment Service, and/or c) terminate and close your iZettle Account.

You agree to assist us when requested, at your expense, to investigate any transaction processed through the Payment Service. You further agree that we may share information about a Chargeback with your customer, the customer’s financial institution and your financial institution in order to investigate and/or mediate a Chargeback. You acknowledge that your failure to assist us in a timely manner when investigating a transaction, including providing necessary information and documentation within ten days of our request, may result in an irreversible Chargeback. We reserve the right, upon notice to you, to charge a fee for mediating and/or investigating Chargeback disputes.

19. Your privacy and security

In addition to what is set out in section 12 of the General Terms and Conditions, you acknowledge that we are required to report your business name and the name of your beneficial owners and/or principals to the MATCH listing maintained by MasterCard and accessed and updated by American Express, the VMAS database upheld by Visa, if applicable, pursuant to the requirements of the Card Scheme Rules. You acknowledge that we must fulfil the obligations related to such listing and reporting, and you waive and agree to hold us harmless from all claims and liabilities you may have as a result of such listing and reporting.

We are responsible for protecting the security of Card information in our possession. We have implemented administrative, technical and organizational procedures to protect Card information that is stored in our servers from unauthorized access and accidental loss, modification or disclosure.

20. Privacy of others when using the Invoicing Service

Both you and iZettle undertake to comply with applicable rules regarding the protection of personal data, including current requirements for eg. registration or notification to the relevant supervisory authority and to implement appropriate security measures and conduct privacy impact assessments. Each party undertakes to investigate its obligations regarding data protection and to ensure it fulfil such obligations.

If iZettle collects additional personal data directly from your customers or otherwise uses the Customer Personal Data for other purposes than to enable you to issue, manage and administer invoices through the use of the Invoicing Service, iZettle will in this regard be a data controller and will accordingly be solely responsible for ensuring that such processing of personal data complies with applicable data protection laws and iZettle´s Privacy Policy.

The Invoicing Service enables you to, when your customer chooses to pay by invoice, independently collect information concerning your customers and to subsequently store and process such information about your customer to the extent necessary in order for you to be able to issue, manage and administer invoices through the use of the Invoicing Service (“Customer Information”). Customer Information may include e-mail address, name, address, personal identification number (or equivalent), trade name, registration number, telephone number and information concerning the purchase. The invoices created through the use of the Invoicing Service will be sent to the e-mail address that you have collected in connection with your customer choosing to pay by invoice.

When using the Invoicing Service, you accept that you are responsible for a) issuing, managing and administrating the invoices generated through the use of the Invoicing Service in accordance with your privacy policy, b) collecting, storing and processing Customer Information in accordance with all applicable laws, rules and regulations and your privacy policy.

You shall not use personal data processed and/or gained access to throughout use of the Invoicing Service for any other purpose than to use the Invoicing Service in accordance with these Payment Terms and Conditions. For the avoidance of doubt, you shall not use any personal data processed and/or gained access to through the Invoicing Service for any purpose that is incompatible with the purpose for which you originally collected it for, which shall be to issue, manage and administer invoices regarding purchases made by your customers of your goods and/or services.

If, and to the extent that, iZettle processes Customer Information which includes personal data on your behalf when you use the Invoicing Service (“Customer Personal Data”), what is set out in Schedule 1 shall apply for iZettle's processing of Customer Personal Data in its capacity as data processor.

21. Your additional warranties

In addition to any other warranties set out in these Payment Terms and Conditions and in section 15 of the General Terms and Conditions, you warrant to us that: a) you are eligible to register for and use the Payment Service and have the right, power, and ability to enter into and perform these Payment Terms and Conditions, b) any payment transaction submitted by you through the Payment Service will represent a bona fide sale by you, c) any payment transaction submitted by you through the Payment Service will accurately describe the products or services sold and delivered to your customer, d) you will fulfil all of your obligations to each customer on behalf of whom you submit a payment transaction and will resolve any customer dispute or complaint directly with the customer, e) you and any payment transactions submitted by you through the Payment Service will comply with all laws, rules and regulations applicable to your business and the Payment Service, f) except in the ordinary course of business, no payment transaction submitted by you through the Payment Service will represent a sale to any principal, partner, proprietor, or owner of your business, and g) you will not use the Payment Service, directly or indirectly, for any fraudulent undertaking or in any manner so as to interfere with the use of the Payment Service.

22. Your additional liability and indemnification

In addition to what is set out in section 16 of the General Terms and Conditions, you are responsible for all Chargebacks, reversals, refunds, fees, fines, penalties and other liabilities incurred by a third party or us caused by your access to and use of the Payment Service and/or arising from any breach by you of any provision of these Payment Terms and Conditions. You agree to reimburse such third party or us for any and all such liability.

Notwithstanding the above or any other provision of these Payment Terms and Conditions and in addition to what is set out in section 16 of the General Terms and Conditions, you agree to defend, indemnify, and hold us, our Acquirers, the Card Schemes and each of our respective directors, agents, affiliates and representatives harmless from and against any claim, cost, suit, demand, loss, liability, damage, action, proceeding judgment, penalty, interest and expense (including without limitation reasonable attorneys’ fees) arising out of or relating to: a) any actual or alleged breach by you of any provision of these Payment Terms and Conditions, including without limitation any violation of the Card Scheme Rules, b) your wrongful or improper use of the Payment Service, c) any payment transaction submitted by you through the Payment Service, and d) third party indemnity obligations we incur as a direct or indirect result of your acts or omissions (including indemnification of any Acquirer or Card Scheme).

In the event you are liable for any amounts owed to us, we may immediately collect such amounts from funds credited to your iZettle Account or any other funds due to you under these Payment Terms and Conditions. If there are insufficient funds to cover your liability, you agree to reimburse us immediately on demand through other means.

23. Our liability

Subject to sections 17 and 18 of the General Terms and Conditions, we are liable to ensure that payment transactions initiated through the Payment Service are properly transferred to the end customer’s payment service provider and that payment transactions carried out through the Payment Service are executed properly, provided that: a) the transaction has been authorized by the end customer, b) the transaction complies with these Payment Terms and Conditions, and c) you have complied with your obligations under these Payment Terms and Conditions. Subject to sections 17 and 18 of the General Terms and Conditions, we are further liable to ensure that funds credited to your iZettle Account are paid out to your designated bank account in accordance with section 15, provided that we have received such funds from the relevant Card Scheme, Acquirer or third party financial institution, as the case may be, on the Client Account.

If an authorized payment transaction is not executed properly or not executed at all, we will, upon your request, use reasonable endeavours to trace the transaction and attempt to rectify any errors that you or we discover and notify you of the result. If the error results in your receipt of less than the amount to which you were entitled, we will credit your iZettle Account for the difference. If the error results in your receipt of more than the amount to which you were entitled, we will debit the extra funds from your iZettle Account. We will only attempt to correct transactions that you process incorrectly if you notify us of such error without undue delay and no later than sixty days of when the error first appeared on your electronic transaction history.

PART 2 – OTHER LEGAL TERMS

24. Business customer

By accepting these Payment Terms and Conditions, you confirm that you are signing up for the Payment Service as a business customer and not as a consumer (being a natural person acting for purposes other than his/her trade, business or profession). As a business customer, you agree that while we may do so, we are not obligated to comply with the requirements set out in Chapter 4 of the Swedish Payment Services Act (2010:751) or any corresponding laws, rules and regulations of your specific jurisdiction. You further agree that sections 1, 28, 29, 30, 35, 36, 37, 47, 48, 50, 51, 53 and 54 of Chapter 5 of the Swedish Payment Services Act (2010:751) or any corresponding laws, rules and regulations of your specific jurisdiction do not apply to your access to and use of the Payment Service. This means that, notwithstanding any other provisions of these Payment Terms and Conditions, we are not liable to you for any loss or damage you may suffer as a result of the matters referred to in sections 1, 28, 29 and 30, 35, 36, 37, 47, 48, 50, 51, 53 and 54 of Chapter 5 of the Swedish Payment Services Act (2010:751) or any corresponding laws, rules and regulations of your specific jurisdiction, unless otherwise set out in these Payment Terms and Conditions.

25. Term and termination

These Payment Terms and Conditions are effective upon the date you agree to it and will remain in force until terminated by you or by us.

In addition to what is stated in section 23 of the General Terms and Conditions, we may terminate these Payment Terms and Conditions or your use of all or part of the Payment Services or suspend or close your iZettle Account without prior notice to you: a) upon request of a Card Scheme or an Acquirer, b) if our agreement with an Acquirer or Card Scheme expires or terminates for any reason, c) if we are de-registered as a payment facilitator by a Card Scheme or an Acquirer, d) if in our reasonable opinion, your activities or actions are damaging or may damage our image or reputation or the image or reputation of a Card Scheme or an Acquirer, e) if you have signed up for the Payment Service as a company or other business entity and there is a change of control of such company or other business entity, f) if owners or other persons associated with you appear on European or American sanction lists (such as OFAC’s SDN list and the EU’s list of economic sanctions or list of terrorists).

Any funds credited to your iZettle Account and held by us on your behalf at the time your iZettle Account is suspended or closed will be paid out to you in accordance with section 15, unless otherwise set out in these Payment Terms and Conditions.

Any termination of these Payment Terms and Conditions or closure or suspension of your iZettle Account does not relieve you of your obligations under these Payment Terms and Conditions and we may elect to continue to hold any funds deemed necessary pending resolution of any other terms or obligations defined in these Payment Terms and Conditions, including but not limited to Chargebacks, Fees, refunds, reversals, or other investigations or proceedings.

26. Personal guarantee and other security

If you have signed up for the Payment Service as a company or other business entity, you confirm and agree that we may require a personal guarantee from an owner, director, principal or other representative of your business or the establishment of a bank guarantee or provision of other suitable security for the due performance of your payment obligations under these Payment Terms and Conditions. If we require a personal guarantee, bank guarantee or other form of security we will specifically inform you. You agree that we will determine the extent of such guarantees or other security. We reserve the right to suspend your access to and use of the Payment Service and to terminate and close your iZettle Account if you fail to deliver such guarantees or other security upon our request.

27. Audit rights

You confirm and agree that we may require you to allow us, or a third party designated by us, to conduct an audit of your business and facilities in order to ensure your compliance with these Payment Terms and Conditions and the Card Scheme Rules. We reserve the right to suspend your access to and use of the Payment Service and to terminate and close your iZettle Account if you fail to allow us, or a third party designated by us, to conduct such audit upon our request.

28. Specific terms relating to the Invoicing Service

You may only use the Invoicing Service in order to issue, manage and administer invoices in accordance with these Payment Terms and Conditions. Any invoice issued through the use of the Invoicing Service may not exceed such limits that iZettle applies from time to time and as further specified on our Website.

When issuing an invoice through the Invoicing Service, your customer will receive an e-mail, which includes the invoice and a link to a landing page where your customer can pay the invoice online. When your customer has paid the invoice online by Card or by using any other online payment method available by iZettle in your jurisdiction in a correct manner, your customer shall be deemed to have paid to you with a discharging effect.

When using the Invoicing Service you are aware of and accept that iZettle is not responsible, for, will have no liability in respect of, and that you are solely responsible for a) issuing, managing and administrating the invoices generated through the use of the Invoicing Service in accordance with all applicable laws, rules and regulations and your privacy policy, b) the accuracy and completeness of your invoices, c) ensuring that you customers pay in accordance with the invoice issued through the use of the Invoicing Service, d) any payment instructions being incorrect, e) funds that, due to you providing incorrect information to us, have been transferred to a bank account that does not belong to you, and f) the recipient of the invoice having such technical installations, firewalls, domains, software etc. that makes it impossible to receive electronic messages, and g) d providing sufficient support, in the event such is required, to your customer concerning the invoices issued through the use of the Invoicing Service, about the products and/or services or equivalent provided by you, or in relation to other questions or circumstances that iZettle is not responsible for. Notwithstanding the foregoing, iZettle will handle any errors in accordance with what is set out in section 23 in these Payment Terms and Conditions.

Schedule 1 – Data Processing Agreement – Invoicing Service

iZettle shall process the Customer Personal Data only in accordance with your written instructions or any other written agreement between the parties and only for the purposes set out in these Payment Terms and Conditions, i.e. to issue, manage and administer invoices through the use of the Invoicing Service. Customer Personal Data may include (i) identification information such as personal identification number (or equivalent), (ii) contact information such as e-mail address, name, address, telephone number, and (iii) information concerning the purchase.

You acknowledge that we are reliant on you for direction as to the extent to which we are entitled to use and process the Customer Personal Data obtained through your use of the Invoicing Service. Consequently, iZettle shall not be liable for any claim brought by a data subject arising from any action or omission by iZettle, to the extent that such action or omission resulted directly from your instructions.

iZettle shall inform you if, in iZettle´s opinion, an instruction breaches any applicable data protection law. Any failure by iZettle to notify you shall not affect your responsibility and liability for your instructions.

iZettle shall implement appropriate technical and organizational measures to ensure a level of security appropriate to the risks that are associated with the data processing activities, in particular accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to the Customer Personal Data including access control to premises, facilities, systems and data, disclosure control, input control, job control, availability control and segregation control.

iZettle shall not transfer or process any Customer Personal Data outside of the EEA without your written consent. Where you do consent to the transfer or processing of Customer Personal Data outside of the EEA, iZettle shall comply with all applicable laws in respect of such transfer.

iZettle shall take reasonable steps to ensure the reliability and competence of any of its personnel who have access to the Customer Personal Data and shall ensure that all such personnel are informed that such Customer Personal Data shall be treated as your confidential information.

You acknowledge and agree that iZettle may transfer Customer Personal Data to sub-contractors, provided that iZettle shall ensure that it includes in any contract with such sub-contractor provisions in favor of you which are equivalent to those set out in this Schedule 1 and shall remain liable to you for the sub-contractor’s acts or omissions as if undertaken by iZettle. iZettle shall, upon your written request, provide you with information about any sub-contractor’s processing of Customer Personal Data to the extent necessary for you to comply with applicable law and supervisory authorities’ requests.

iZettle can at any time and without justification appoint a new sub-contractor provided that, from 25 May 2018, you will be given fifteen (15) days' prior notice through publication on our Website and during such period you will have the possibility to legitimately object to such changes. Legitimate objections must contain reasonable and documented grounds relating to a sub-contractor's non-compliance with applicable data protection law. If, in iZettle´s reasonable opinion, such objections are legitimate, you may, by providing written notice to iZettle, terminate the Invoicing Service immediately.

iZettle shall without undue delay notify you if it becomes aware of any breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, the Customer Personal Data and will provide such further information as you may reasonably require in order to meet your obligations under applicable data protection laws (taking into account the nature of processing and the information available to iZettle).

iZettle undertakes to provide such reasonable cooperation, assistance and information (by use of appropriate technical and organizational measures) within the time frames that you may reasonably request to enable you to: (i) respond to any inquiries or requests from data subjects or supervisory authorities in accordance with applicable data protection laws including requests to access, rectify, erase, or block personal data (taking into account the information available to iZettle), and (ii) comply with your obligations in connection with security or data protection impact assessments (taking into account the nature of information available to iZettle) as may be required under applicable data protection laws. To the extent legally permitted, you shall be responsible for any costs arising from iZettle´s provision of such assistance. iZettle shall furthermore promptly notify you of any inquiries or requests concerning your processing of personal data which it receives directly from data subjects or supervisory authorities.

iZettle shall provide you with evidence of compliance with our obligations set out in this Schedule 1, and shall, upon your reasonable request, make available to you all further information reasonably necessary to demonstrate iZettle’s compliance with its obligations under this Schedule 1.

If you have objectively verifiable grounds to believe that the processing of Customer Personal Data by iZettle or its sub-contractor is not in compliance with the provisions of this Schedule 1, you shall be entitled, either by yourself or by an independent external auditor appointed by you, subject to providing at least thirty (30) days written notice, to (i) inspect iZettle’s procedures, policies, systems and measures used in relation to the processing of Customer Personal Data and/or (ii) otherwise verify iZettle’s compliance with the provisions of this Schedule 1.

iZettle may object in writing to an auditor appointed by you to conduct any audit under this Schedule 1 if the auditor is, in iZettle’s reasonable opinion, not suitably qualified or independent, a competitor of iZettle, or otherwise manifestly unsuitable.

Any such inspection or audit will be performed during iZettle’s regular business hours without disrupting or interfering with the ongoing operations and in the presence of an employee appointed by iZettle and will be always subject to iZettle’s confidentiality and security policies and procedures. Your right to conduct an inspection or audit as set out in this section is limited to one day per calendar year.

You shall be responsible for all costs related to the appointment of a third party auditor and, upon iZettle’s request, for its assistance and support in conducting the inspection or audit, reimburse iZettle for any time spent on such audit at iZettle’s then current professional services rates.
iZettle shall following completion of its contractual responsibilities, destroy or return, as instructed by you, any Customer Personal Data processed on behalf of you within a reasonable timeframe, unless otherwise required by applicable law.