TERMS AND CONDITIONS
Last updated: 8 April 2016
iZettle AB, a company with registration number 556806-0734, ("iZettle") and with registered offices at Regeringsgatan 59, 111 56 Stockholm, Sweden, provides services enabling the acceptance of debit and credit card payments by mobile phones and tablets (the "Service"). These terms and conditions, including any rules, regulations and guidelines referred to herein, (together, the “Agreement”) constitute a legal agreement between iZettle and the person (the “User”) having registered an account with iZettle (the "Account") governing the User’s access to and use of the Service, such access and use being subject to iZettle’s approval as described in detail in paragraph 3.5 below. iZettle is duly licensed to issue electronic money and provide mobile 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. In order for iZettle to be able to provide the Service, iZettle has entered into agreements with acquiring banks (“Acquirers”) for the provisioning of acquiring services. The Service is, in addition to the Regulations, governed by the rules, regulations and guidelines issued by the Acquirers as well as the rules, regulations and guidelines (together, the “Card Scheme Rules”) issued by those card schemes whose card brands may from time to time be accepted as payment through the Service, including Visa Europe Ltd, MasterCard Europe SPRL, American Express and other applicable card schemes (together, the “Card Schemes”).
By making a declaration on a specific location in the registration, the User acknowledges that the User has read and agreed to this Agreement and accepts that the User’s rights and obligations with respect to the Service are governed by this Agreement and consequently commits to adhere to it. Where applicable, the User also acknowledges responsibility for ensuring that any employee of the User or other person using the Service on behalf of the User, have read, consent to and will adhere to this Agreement. The User is however fully responsible for all use of the Service related to the Account, regardless of who actually uses the Service. Applicable laws require that some of the information or communications iZettle sends to the User should be in writing. When using the Service, the User accepts that communication required to be sent from iZettle under applicable law and other information concerning the User’s legal rights and obligations may be sent electronically and that the User’s electronic signature of agreements and other documents will have the same binding effect as if the signature was made in writing.
1.1 Subject to paragraph 15.1, the Service enables the User to accept payments made with debit and credit cards ("Cards") by mobile phone and tablet. In accordance with this Agreement, iZettle will register the amounts received by iZettle under the payment transactions carried out through the Service on the User’s Account (after deduction of the fees referred to in paragraph 9 below) and pay such amounts to the bank account designated by the User in accordance with paragraph 22 below. The Account shall be registered on a central server at iZettle’s location in Sweden. An amount equal to the balance on the Account shall, on behalf of the User, be kept separated from iZettle’s funds (but together with the amounts held on behalf of other Users) in a designated client account in a bank in accordance with the Regulations.
1.2 The User gains access to the Service and the Account through the iZettle mobile software application (the "Application") and through the website www.izettle.com/gb (the "Website"). The Service can be used through a compatible debit and credit card reader device.
1.3 iZettle may at any time revise or modify the Service. iZettle shall always attempt to notify the User of any changes with reasonable notice on the Website and by email to the email address specified by the User or through the Application. However iZettle reserves the right to implement such changes with immediate effect to maintain the security of their systems or to comply with relevant laws, regulations or rules issued by the Acquirers or the Card Schemes.
1.4 The use of the Service is subject to certain limits relating to daily card transaction volume and payouts to the User’s bank account as further specified on the Website. Please contact customer support at firstname.lastname@example.org in case of any enquiries relating to these limits.
2. Conditions for and limitations to using the Service
2.1 By accepting this Agreement, the User confirms that: (i) the User - if the User is a natural person -, and any person using the Service on behalf of the User, is at least 18 years old, the User is domiciled in the UK and (ii) the payments which are carried out through the Service are in accordance with applicable laws and regulations.
2.2 The User shall not use the Service to receive payment for goods and services that: (i) contain tobacco and are acquired through the Internet, (ii) relate to pornography, including sex clubs, escort services, prostitution, magazines, videos or images with pornographic content and sex toys in cases where such products are the only products marketed, (iii) relate to time-sharing, (iv) are prescription drugs (unless the seller has all applicable authorisations for the supply of such drugs and such supply is made in accordance with applicable laws and regulations) or narcotics, (v) relate to dating (including sex dating), (vi) are weapons, (vii) relate to gambling, betting, lotteries, bingo and other casino services (this does not apply to such gaming and lottery operations conducted in accordance with all applicable laws and authorised by all applicable regulatory authorities), (viii) relate to so-called “anonymity services”, (ix) relate to vouchers with a longer duration than 36 months, (x) relate to virtual currency, (xi) relates to erotic dance or comparable services, (xii) constitute financial services, or (xiii) are prohibited by law or, at iZettle’s sole discretion, are otherwise doubtful from a risk, complaint or reputational perspective. iZettle’s shall at its sole discretion decide whether the User’s use of the Service shall be deemed attributable to any of the above products or services and therefore not in accordance with this Agreement.
2.3 The User shall not: (i) apply a price threshold for accepting a Card, (ii) apply a higher price or additional fees for the use of a Card in connection with a payment transaction, (iii) make cash deductions during the payment transaction, (iv) carry out payment transactions in territories other than the United Kingdom and in currencies other than GBP, (v) discriminate between Cards for any reason, (vi) present for processing or credit, directly or indirectly, any payment transaction not originating from a payment transaction directly between the User and a cardholder or any payment transaction that the User knows or should have known to be fraudulent or not authorised by a cardholder, (vii) present for processing any payment transaction representing the refinancing of an existing obligation of a cardholder, (viii) require any cardholder to waive their right to dispute a payment transaction, (ix) require any cardholder to disclose his/her PIN at any point during a payment transaction, (x) where a cardholder uses a chip and PIN Card, print data referencing any cardholder's PIN on any receipt, or (xi) process one purchase of goods and/or services as several payment transactions.
2.4 The User may not use the Service to carry out payment transactions with Cards belonging to the User or registered in the User’s name.
2.5 For the purpose of providing the Service, iZettle has entered into certain arrangements with its acquirer and the Networks. The acquirer and the Networks impose certain limits with respect to the User’s annual card transaction volume on MasterCard and Visa branded Cards, respectively, through the use of the Service. The limit imposed by each of MasterCard and Visa is USD 100,000. If the User’s annual card transaction volume on either MasterCard or Visa branded Cards through the use of the Service exceeds this amount, or the equivalent in GBP, iZettle will notify the User and give the User the option to enter into an extended agreement (a “Premium iZettle Merchant Agreement”) that includes iZettle’s acquirer as a party in order to continue using the Service. If the User cannot be accepted under a Premium iZettle Merchant Agreement, iZettle will not be able to accept further transactions in excess of the aforementioned limits. In such case, iZettle may also be required to cease providing the Service and terminate this Agreement in accordance with paragraph 26.3 below. The User shall immediately inform iZettle in case it expects the annual card transaction volume to exceed the abovementioned limits.
2.6 If the User is entering into this Agreement as an individual and, in iZettle's reasonable opinion, the annual turnover related to the User’s Account, the number of payments accepted by the User or the User’s use of the Service otherwise suggests that the operations of the User constitute business activity, iZettle shall notify the User that iZettle may cease to provide the Services and give the User the option to enter into this Agreement through a company instead. Should the User not accept to enter into this Agreement through a company in such event, iZettle may terminate the Agreement in accordance with paragraph 26.3.
2.7 The User shall not refer to iZettle, the Acquirers or the Card Schemes as having endorsed for the User’s goods/and or services.
3. The Account and connection to the Service
3.1 In order to use the Service, the User must create an Account. The User is obliged to provide accurate and complete information when registering the Account. If such information changes, the User agrees to promptly notify iZettle of such changes by updating its Account. If the User does not provide iZettle with correct, complete and updated information, iZettle may not be able to provide the Service or otherwise fulfil the Agreement. The User acknowledges that iZettle may also block the User’s Account, refuse access to the Service and/or terminate the Agreement according to paragraph 26.3, if correct, complete and updated information has not been provided by the User.
3.2 In order to verify that the User is the holder of the bank account referred to in paragraph 7.1, iZettle has the right to direct necessary questions to the relevant bank in relation thereto. The User acknowledges and agrees that iZettle has such right and agrees to take all reasonable measures to assist iZettle in any such matter.
3.3 If the actions referred to in paragraph 3.2 reveal, or if it otherwise becomes known to iZettle, that the information concerning the bank account referred to in paragraph 7.1 in any aspect is incorrect or incomplete, iZettle reserves the right not to pay any monies to such bank account until the information has been corrected and completed by the User and thereafter verified by iZettle (in accordance with paragraph 3.2). For the avoidance of doubt, regardless of whether such verification has been conducted or not, iZettle assumes no responsibility for any monies which, due to incorrect or incomplete information provided by the User, has been paid to a bank account which does not belong to the User.
3.4 When the User has registered for the Service and approved this Agreement, iZettle may perform a credit check on the User and require the User to supply such documentation and other evidence as is reasonably requested by iZettle in order for iZettle to be able to carry out, and be satisfied that it has complied with, all necessary checks in accordance with the EU Money Laundering Directive 2005/60/EC as implemented by the Swedish 2009:62 Money Laundering and Terrorist Financing (Prevention) Act and otherwise in order for iZettle and/or the Acquirers to comply with applicable laws. The User agrees that iZettle may obtain credit information and agrees to assist in that regard to the extent necessary in order for iZettle to perform such credit check. Please see clause 27 for further information.
3.5 iZettle shall determine in its sole discretion whether the User should be given access to the Service. iZettle shall only be bound by this Agreement after it has decided to give the User access to the Service.
3.6 The technical requirements for the User's mobile phone or tablet, as dictated by iZettle, are stated on the Website. It is not allowed to use the Service together with a mobile phone or tablet whose technological measures have been circumvented, e.g. by so-called jailbreak.
3.7 The User’s ability to access the Service by mobile phone or tablet is dependent on services received by the User from a third party. Such third parties may charge the User for access to the Service (e.g. for access to, and transfer of data on, the Internet). The User shall be solely responsible for payment of such fees. The User's use of the Service may also be subject to the terms of the User’s agreement with its supplier of mobile telephone services.
3.8 If the User is contracting as a consumer, it may cancel this Agreement in writing at any time within fourteen days, beginning on the day after the Agreement has been entered into according to this Agreement. If the User validly cancels this Agreement as above, iZettle will process any refund due to the User within 30 days of the day on which the User gave iZettle notice of cancellation. In this case, iZettle will refund any amount paid in relation to the Services in full. iZettle will usually refund any money received from the User using the same method originally used by the User to pay for the Service. iZettle will, however, not be obliged to refund to the User any fee paid for any transactions effected using the Service before cancellation.
4. Password requirements and protection of login data etc.
4.1 The User shall follow iZettle’s procedures and safety instructions, as may be amended or updated from time to time, with regard to the User’s password and other login information, which can be found on the Website.
4.2 It is the User’s responsibility to ensure that the User’s account number, password and other login information for the Service ("Account Information"), are kept secure and that such information shall not be disclosed to others. The User agrees to keep Account Information secure so that the Service remains inaccessible to unauthorised persons. The Account Information is personal and must not be transferred or used by anyone other than the User.
4.3 iZettle assumes that the User is the sender of payment orders and other instructions when sent using the User’s login information and password. The User must therefore immediately either inform iZettle promptly through the Website or change the login information, if there is reason to believe that an unauthorised person has had access to, or knowledge of such information.
5. The User’s obligations regarding the use of the Service
5.1 In addition to the provisions stated in paragraph 3.1 above, the User shall – provided that the User does not use the Service as a consumer – inform iZettle of the addresses of all their offices and places of business, all trade names used, and a complete description of the products and services provided by the User. If such information changes, the User agrees to promptly notify iZettle of such changes by updating the User’s Account. If any information is inaccurate or incomplete, iZettle has the right to terminate the Account and cancel the User’s access to the Service.
5.2 The User shall at all times comply with applicable law and shall, upon iZettle’s request, provide such reasonable assistance which is necessary in order for iZettle to comply with applicable law, rules issued by the Acquirers or the Card Schemes and other obligations imposed on iZettle. The User further agrees to abide by any guidelines related to the Service provided by iZettle from time to time.
5.3 The User shall indemnify iZettle from any and all claims raised by a third party against iZettle resulting from the User’s use of the Service in breach of this Agreement, applicable laws or regulations, or the rules issued or otherwise applied by the Acquirers or the Card Schemes.
5.4 The User shall immediately notify iZettle of any insolvency proceeding, receivership, bankruptcy, examination or similar action or proceeding initiated against the User or any owner of the User. The User shall also immediately notify iZettle if the User becomes aware of any violation of law related to this Agreement or the Service.
5.5 The User warrants that all payment transactions are bona fide.
6.1 iZettle grants to the User a non-exclusive, non-transferable licence to use the Application and the right to use any other of iZettle’s software and Internet-based services required to use the Service. iZettle grants the User the right to download and install updates to the Service as made available to the User by iZettle from time to time.
6.2 The User shall not (i) assign, sub-licence, copy, publish or distribute the Service, (ii) allow third parties to use the Service, (iii) assign the rights that the User has acquired under this Agreement, or (iv) circumvent any of the technical limitations of the Service, or decompile or otherwise reconstruct the Service save only to the extent and circumstances permitted by mandatory law.
7.1 Funds credited to the User shall be paid out to a bank account designated by the User in accordance with paragraph 22 below.
7.2 Funds that iZettle has received on behalf of the User in respect of the moneys credited to the User’s Account may be mixed together with the funds so held for other users and may be held in one or more client accounts in a bank or banks selected for this purpose by iZettle in accordance with the Regulations (the “Client Accounts”). iZettle has the sole authority over the establishment and maintenance of all Client Accounts.
8. Dormant accounts
8.1 If there has been no activity on a User’s Account for at least two consecutive years and a balance is held on the Client Accounts for the User, iZettle will notify the User of this by email to the email address registered by the User and/or through the Application and give the User an opportunity to keep the Account active or to close it and request the withdrawal of any outstanding balance that is held on the Client Accounts. If the User’s response is not received by iZettle within thirty days from the date of dispatch, iZettle will automatically close the Account and the User’s funds will be subject to the applicable law and to the extent so permitted shall accrue to iZettle.
9. Payment terms
9.1 For the use of the Service you agree to pay the fees assessed and calculated by us in accordance with the Fee Schedule. By accepting this Agreement, 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 Service is a payment service exempt from VAT. We reserve the right to amend our fees at any time in accordance with paragraph 30. Fees will be assessed at the time a Card transaction is processed and will be deducted from the funds received by us and credited to your Account.
9.2 iZettle is entitled to set off the outstanding balance on the User’s Account against any claims that iZettle may have against the User subject to this Agreement.
9.3 All fees shall be charged to the User in conjunction with the transfer of the amount from iZettle’s Client Accounts to the User’s bank account, in accordance with paragraph 22 below.
10. Exchange rates
10.1 From time to time applicable exchange rates for payments made in currencies other than GBP shall be listed on the Website. The User shall, before each payment transaction is completed, inform the customer that a currency conversion will occur and of the applicable exchange rate.
11. Provision of the Service
11.1 iZettle shall use its reasonable endeavours to provide the Service 24 hours a day, seven days a week. iZettle does not however warrant that the Service shall be free from errors or interruptions during this time.
11.2 From time to time iZettle will perform maintenance and upgrades of the Service, which may result in interruptions, delays or errors in the Service. iZettle shall try to communicate any planned maintenance in advance, but cannot guarantee that such notification will always be provided. In addition, the Service may contain errors or "bugs" that may lead to interruptions and errors. The User understands this and accepts that iZettle may contact the User in order to help the User with the Service and also to request information needed to identify and remedy such errors.
11.3 The User’s access to the Service is dependent on third-party services (such as mobile telephony services). The User accepts that iZettle shall have no responsibility for the performance of such third-party services.
12. Complaints and the obligation to notify unauthorised transactions
12.1 If the User (i) wishes to identify errors in the Service for the basis of a complaint or (ii) considers that a mistake has been made or that there has been an unauthorised transaction related to the User’s Account, the User must notify iZettle of such complaint or transaction without delay after the User has discovered, or should have discovered the error or transaction, by contacting iZettle through the Website.
13. iZettle’s liability for the Service
13.1 iZettle is liable, subject to the limitations set out in paragraph 14 below, to ensure that the payment transactions carried out through the Service are executed properly, that payment orders initiated using the Service are properly transferred to the cardholder’s payment services provider and that funds credited to the User are paid to the User as further described in paragraph 22, unless otherwise as set out in this Agreement. If a payment transaction is not executed properly or executed at all, iZettle shall, upon request from the User, use reasonable endeavours to trace the payment transaction and notify the User of the result.
13.2 iZettle is furthermore liable for fees and/or interest which the User, if the user is a consumer, must pay due to a payment transaction not having been executed properly or executed at all, provided that such event is a result of iZettle’s fault. If the User is not a consumer, iZettle shall have no such liability.
13.3 iZettle shall not be liable for (i) any other deficiencies or errors in or under the performance of the Service (including those set out in paragraph 11.1), (ii) ensuring that the Service is available at all times to carry out payment transactions, or (iii) unauthorised access to or use of Account Information stored on iZettle’s servers, unless otherwise provided as a matter of mandatory law.
13.4 In the event iZettle becomes aware that an unauthorised person has, or has had, access to Account Information stored on iZettle's servers, iZettle shall inform the affected Users of this and, to the extent possible, provide details of what information has been disclosed.
14.1 Subject always to paragraph 14.2, iZettle is not, under any circumstances, liable for indirect damages, loss of profit, loss of data or any other losses resulting from the use or non-use of the Service.
14.2 Notwithstanding paragraph 14.1, iZettle shall be liable for death or personal injury caused by iZettle, damages incurred by the User due to iZettle’s intent or gross negligence, fraud or fraudulent misrepresentation, losses for which it is prohibited by section 7 of the Consumer Protection Act 1987 to limit liability or any other matter for which it would be illegal or unlawful for iZettle to exclude or attempt to exclude liability.
14.3 Still subject to the above, iZettle shall only be liable for damages due to iZettle’s own fault and assumes no liability for any acts or omissions by any third parties. Furthermore, iZettle shall in no event be liable for any damages or loss incurred by the User as a result of iZettle’s obligation to comply with applicable law, any act or omission of any governmental authority, act of war, accident, natural disaster, strike, blockade, or other similar event, regardless of if iZettle is an instigator or subject of such event.
15. Accepted credit cards and payment methods etc.
15.1 As part of the Service, payment transactions can only be carried out with the Cards specified on the Website. The range of Cards that are accepted can be changed at any time and without prior notice. The User shall accept all Cards specified on the Website for any of the full range of goods and/or services that it supplies.
15.2 The Service can only be used for card present transactions, i.e. where both the Card and the customer are physically present at the time of the transaction.
16. Verifications in connection with a payment transaction
16.1 The User shall, in connection with the payment, perform the following verifications:
The User shall, by visual inspection ensure that (i) the Card has not expired, (ii) the account number embossed on the Card matches the account number appearing on the Card’s reverse side, (iii) the Card bears the signature of the cardholder and that such signature matches any signature made by the cardholder on the screen of the device used for the Service, (iv) the Card does not bear traces of modifications or otherwise look tampered with, (v) the Card information such as gender of the cardholder name is consistent with the User’s observation, and that (vi), when identification card/document is presented, the name embossed on the Card is the same as on the cardholders identification card/document. In cases of doubt in the above regard, the Card shall not be accepted as means of payment.
If the amount of the purchase exceeds a given amount decided by iZettle from time to time, which in such case will be communicated through the Application or otherwise, the cardholder shall be required to produce an acceptable form of identification. If the cardholder does not have such form of identification or cannot prove that he/she is the cardholder, the Card shall not be accepted as means of payment.
The User shall compare the cardholder’s signature on the signature receipt with the signature on the Card and, where appropriate, on the form of identification produced by the cardholder. In cases of doubt in this regard, the Card shall not be accepted as a means of payment.
16.2 In the event a chip and PIN Card is used, the User shall not request any signature from such cardholder or require any other means of identification, unless otherwise allowed by applicable law.
17. Approval of the payment transaction
17.1 The User must ensure that the cardholder accepts the payment transaction and that the amount is deducted from the cardholder's account by signing the electronic signature receipt with his/her name at the specified place in the Application, unless the Application prompts the use of PIN.
18.1 Receipts are only provided by iZettle electronically by email or SMS.
18.2 The User shall upon request from a cardholder provide such cardholder with a written receipt concerning a performed payment transaction.
19. Withdrawal of payment order
19.1 The payment order may not be withdrawn after the end of the day on which the cardholder has transmitted the payment order or has given his/her consent to execute the payment transaction.
20. Confirmations of transactions
20.1 You may access your transaction information by logging into your 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 Account in the relevant period and information on payouts to your designated bank account. The way in which we provide the transaction information will allow you to store and reproduce the information unchanged, for example by printing copies. We will provide you with information regarding transactions with a reference enabling you to identify the transaction, the amount of the transaction in the currency in which your Account is credited and the amount of the fee for the transaction. By accepting this Agreement, you request and agree that we aggregate this information 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 Account in a format making it possible for you to store and reproduce the information in unchanged form (such as in PDF format). Upon termination of the Agreement, iZettle has, except as provided by law, no obligation to store or provide documentation or other information in connection with any transaction carried out through the Service.
21. Refunds and returns
21.1 By accepting this Agreement, the User agrees to submit any and all refunds and adjustments for returns of its products and/or services through the Service to the customer’s card in accordance with the terms and conditions of this Agreement and the applicable Card Scheme Rules. The Card Scheme Rules require that the User will (i) maintain a fair return, cancellation or adjustment policy, (ii) disclose the User’s return or cancellation policy to customers at the time of purchase, (iii) not give cash refunds to a customer in connection with a card transaction, unless required by law, and (iv) not accept cash or any other item of value for preparing a card transaction refund.
21.2 Full refunds must be for the exact amount of the original transaction including tax, handling charges, and other. 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 Service must be submitted within 30 days of the original transaction. For processed refunds, iZettle will deduct the refund amount (including any applicable fees) from (i) funds owed to the User from processing of other card transactions, or (ii) funds on the User’s Account. If these funds are not sufficient, the User authorises iZettle to initiate a debit entry to the User’s bank account in the amount necessary to complete the refund transaction to the customer’s card. In the event iZettle cannot access the User’s bank account by means of a direct debit, the User agrees to pay all funds owed to iZettle upon first demand. The User is solely responsible for accepting and processing returns of its products and/or services. iZettle has no responsibility or obligation for processing such returns.
22. Payouts to the User’s bank account
22.1 Funds credited to the User for a payment transaction will not be paid to the User’s bank account until the transaction is deemed completed. A payment transaction will, for the purpose hereof, be deemed completed when iZettle has received the funds from the relevant Acquirer or Card Scheme, as the case may be, on the Client Accounts. Once iZettle has verified the User’s bank account, iZettle will initiate payment of funds credited to the User (net of fees, Chargebacks, reversals, claims and other funds owed to iZettle) to the User’s bank account on the business day immediately following the business day on which iZettle has received the funds on the Client Accounts, unless otherwise set out in this Agreement. Depending on the type of card reader device used, whether the User's customer has approved the payment transaction by signature or pin or otherwise due to risk and transaction history, payment of funds to the User’s bank account will vary according to the timeframes and limits communicated to the User from time to time. Information regarding the applicable timeframes and limits can be found on the Website. Through the Website, the User will be informed of initiated payments to the User’s bank account. Through the Account, the User may select alternative payout schedules and/or instruct iZettle to maintain a balance on the Account to cover refunds.
22.2 iZettle reserves the right defer payments to the User’s bank account and restrict access to any funds in the User’s Account where iZettle needs to conduct an investigation or resolve any pending dispute relating to the User’s Account and/or as necessary to comply with applicable law or court order, or if otherwise requested by law enforcement or any governmental authority. iZettle further reserves the right to temporarily suspend or delay payments to the User’s bank account or designate an amount of funds that iZettle must maintain in the User’s Account or on a separate reserve account to secure the User’s obligations under this Agreement.
23. Chargebacks and disputed transactions
23.1 Any amount attributable to a transaction can be debited from the funds held in the Client Account for the User, or, if such amount has already been paid to the User, then reclaimed from the User (either such action constituting a “Chargeback”) if the transaction: (i) is disputed in any way (including in relation to the non-supply of the goods or services supplied or their failure to meet required standards), (ii) for any reason is reversed by the relevant Card Scheme, Acquirer, the customer or the card issuer, (iii) is not authorised or iZettle have reason to believe that the transaction is not authorised, or (iv) is alleged to be illegal, questionable or in violation of this Agreement or rules from the Acquirers or the Card Schemes. The User shall not resubmit or reprocess any payment transaction that has been the subject of a Chargeback.
23.2 For each transaction which iZettle considers may result in a Chargeback, iZettle has the right to withhold an amount due to the User equal to the likely amount of the Chargeback in the Client Accounts pending determination of whether a Chargeback is appropriate. In relation to any Chargeback, iZettle may also debit the funds held in the Client Account for the User or claim from the User, an amount equal to any fees or fines charged by any Network which are related to the Chargeback or Chargebacks related to the User generally.
23.3 If there are insufficient funds held for the User in the Client Accounts to cover any Chargeback, the User shall immediately reimburse iZettle for the amount of the Chargeback (including iZettle’s expenses associated with the Chargeback).
23.4 If iZettle consider that Chargebacks related to the User’s Account are too frequent, iZettle reserves the right to conduct inspections or impose conditions to govern the Account and the Service, including establishing new fees for the processing of transactions, asking for a reasonable reserve amount to cover future potential Chargebacks and related fees or fines, limiting the right of the User to claim monies held for it from the Client Accounts and terminating the Agreement and terminating the Service.
23.5 The User agrees, at iZettle’s request, to provide reasonable assistance in relation to any disputed payment transactions, including the verification of any transactions carried out through the Service. iZettle may also request necessary information from the User in order to dispute the Chargebacks.
23.6 The User hereby indemnifies iZettle for any and all costs, losses and liability which it may incur as a result of any claims made against it arising from provision of the Service, including, but not limited to, any claims relating to defects in the products or services purchased with Cards processed by iZettle.
24. Privacy and storage of data
24.1 The User shall protect and, save where required by law, not disclose, register or otherwise process any Card information or other information related to a customer which the User may receive while carrying out the payment transactions, unless otherwise follows from this Agreement. If the User becomes aware or suspects any unauthorised access of disclosure of such information, the User shall immediately inform iZettle and provide iZettle such documentation and assistance reasonably required by iZettle and otherwise act in accordance with iZettle’s reasonable instructions. The User shall handle Card information in accordance with the standards and guidelines that are issued by PCI-DSS from time to time and which can be found at www.pcisecuritystandards.org.
24.2 The information referred to in paragraph 24.1 above shall for the duration of this Agreement and thereafter, be used by the User only for the use of the Service and in accordance with this Agreement and applicable law, including but not limited to data protection law.
24.3 Further to paragraph 27 below, the User acknowledges and agrees that iZettle may disclose any information provided to iZettle or its Acquirers to the Card Schemes, for the purpose of determining the identity of an individual, including customers, in accordance with the rules issued by the Networks and as permitted by applicable law.
25. Feedback on the Service
25.1 The User can submit feedback or ideas about the Service by sending an email to the email address email@example.com or directly to iZettle’s officer in charge through the email address firstname.lastname@example.org. iZettle is not required to implement such feedback and ideas. The User has no right to compensation for the feedback and ideas presented, but iZettle may freely use them and assimilate all rights pertaining to these.
26. Term and termination
26.1 The Agreement is in force until further notice. The User may at any time terminate the Agreement and terminate the User’s Account with immediate effect by informing iZettle through the Website. iZettle has the right to terminate the Agreement subject to a notice period of two months, subject to paragraph 26.3.
26.2 If iZettle’s agreement with its Acquirers expires or terminates for any reason, or iZettle is de-registered by the Networks, then this Agreement shall expire immediately.
26.3 iZettle have the right to block the User’s Account, refuse the User access to the Service and/or terminate the Agreement immediately if: (i) it comes to iZettle’s attention or iZettle otherwise has reasonable grounds to believe, that the User uses or will use the Service in violation of this Agreement or any applicable law or regulation or the rules of the Acquirers or the Card Schemes, (ii) information relating to technical or administrative routines for data security has been revealed so that there are reasonable grounds to believe that the User’s Account will be abused, (iii) there are other reasonable grounds to believe that the User’s Account has been abused or will be abused, (iv) the User withdraws its consent to the processing of Personal Data as described in paragraph 27.1, (v) if a personal guarantee is not issued upon iZettle’s request and in accordance with paragraph 33.1, (vi) if the User’s annual card transaction volume on MasterCard and Visa branded Cards exceeds the amount set out in paragraph 2.5 and/or the User cannot be accepted under a Premium iZettle Merchant Agreement, (vii) if the User does not comply with iZettle’s request in accordance with paragraph 2.6, or (viii) if the User fails to provide correct, complete and up-to-date information in relation to the Account.
26.4 Upon expiration of the Agreement iZettle shall, unless otherwise set out in this Agreement, account for any funds kept separate on behalf of the User after the deduction of any potential fees. Upon expiration, the User shall no longer be entitled to use the Service and the licence granted shall expire.
26.5 The provisions of paragraphs 13, 14 and 23 above shall continue to apply after the expiration of the Agreement.
27. Processing of personal data
28. Notices and information
28.1 Written notices from iZettle to the User will be in English and sent by email to the email address specified by the User or through the Application. A notice that has been sent to the User in this manner shall be deemed to have been received by the User no later than the following day.
28.2 Information which iZettle is obliged to provide to the User under the Regulations is at all times available through the Website. The User has the right to receive, upon request, this Agreement and any additional information required to be provided under the Regulations in a readable and sustainable form. Such request should be sent in writing to the address specified in the introductory part of this Agreement.
29.1 The User shall not transfer any rights or obligations in connection with the Service or the User’s Account to a third party without iZettle’s written consent. iZettle has the right to fully or partially transfer iZettle’s rights under this Agreement to another party without the consent of the User.
30. Additions and amendments
30.1 iZettle has the right, from time to time, to make additions and amendments to this Agreement. Such amendments will be in English. If the User is a consumer, the User shall be informed of proposed amendments or additions and such proposed amendments or additions shall enter into force two months thereafter. If the User does not accept the amendments or additions so advised to it, the User is entitled to terminate this Agreement as set out in paragraph 26. If the User has not informed iZettle that the User does not accept proposed amendments or additions before the date of their entry into force, the User is deemed to have accepted them. For the avoidance of doubt, if the User is not a consumer, amendments or additions shall enter into force immediately.
30.2 iZettle shall always have the right to immediately adopt amendments (including price changes) required by law, regulation or authority decision or by regulations and rules issued by the Acquirers or the Card Schemes.
31. Disputes and conflicts
31.1 Where a User is entering into this agreement as a consumer, within the meaning in Article 6 of Regulation 593/2008 on the Law Applicable to Contractual Obligations (“Rome I”), this Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England. The parties irrevocably agree that the courts of England shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).
31.2 With regard to Users other than those stipulated in paragraph 31.1 above, this Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Sweden. The parties irrevocably agree that the courts of Sweden shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).
31.3 In the event of any inconsistency between this Agreement and the rules issued by the Networks, such rules shall prevail to the extent permitted by mandatory law.
32. Entire Agreement
32.1 This Agreement constitutes the entire agreement between the parties in relation to its subject matter. It replaces and extinguishes all prior agreements, draft agreements, arrangements, collateral warranties, collateral contracts, statements, assurances, representations and undertakings of any nature made by or on behalf of the parties, whether oral or written, in relation to that subject matter.
32.2 Each party acknowledges that in entering into this Agreement it has not relied upon any oral or written statements, collateral or other warranties, assurances, representations or undertakings which were made by or on behalf of the other party in relation to the subject-matter of this Agreement at any time before its signature (together “Pre-Contractual Statements”), other than those which are set out in this Agreement.
32.3 Each party hereby waives all rights and remedies which might otherwise be available to it in relation to such Pre-Contractual Statements.
32.4 Nothing in this paragraph shall exclude or restrict the liability of either party arising out of its pre-contract fraudulent misrepresentation or fraudulent concealment.
33. Third party websites
33.1 The Website may contain links or directions to websites which are not operated by iZettle. iZettle does not control and assumes no responsibility for any content of such websites. The User is fully responsible for its use of such websites and is therefore advised to carefully read any terms and conditions and policies concerning data protection and secrecy which may be applicable.
34. Personal guarantee
34.1 If the User is a body corporate or partnership, iZettle may, in its absolute discretion, prior to or after the decision referred to in paragraph 3.5 above, require a director, partner or other representative of the User to issue a personal guarantee in favour of iZettle for the performance of the User’s obligations under this Agreement. This Agreement of such personal guarantee are to be in form and substance satisfactory to iZettle and must be issued within a time period to be decided by iZettle.
35.1 The User acknowledge and agree that iZettle shall be entitled, prior to or after its decision referred to in paragraph 3.5, to perform, by itself or through a third party designated by iZettle, audit the User’s business (which includes on-site audits) as iZettle deems necessary in order to ensure compliance with applicable laws, rules issued by the Acquirers, the Card Schemes and/or this Agreement.
36. Third Party Rights
36.1 A person who is not party to this Agreement shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
This Agreement shall apply from 8 April 2016 until further notice.