Terms & Conditions

Terms & Conditions for the use of ANYDAY Split

These terms & conditions apply to any Merchant offering ANYDAY Split. 


 

ANYDAY, we, us, ours

Anyday A/S, CVR-nr. 41140216 Torvet 1, 6700 Esbjerg

ANYDAY Split

The product being supplied by ANYDAY

Terms & Conditions

The terms & conditions that are provided within this document

Agreement

The agreement in which prices and deviations from Terms & Services are stipulated

The Customer

The Merchant’s customer – the consumer

Merchant

The physical or legal party in this Agreement, with whom ANYDAY has entered into agreement about offering ANYDAY Split

2.1

These Terms & Conditions apply to the relationship between the Merchant and ANYDAY in regards to ANYDAY Split.

ANYDAY Split is a payment solution that provides an option for the Customer to split payments in a manner specified by the agreement between ANYDAY and the Customer. Please refer to the general terms & conditions for consumers’ use of ANYDAY Split available at www.anyday.io.

3.1

In the Merchant’s online shop, the Customer chooses ANYDAY Split as the method of payment. Thus, the Customer is led through ANYDAY’s checkout-flow where the Customer signs up as a user of ANYDAY. The Customer will be either accepted or rejected directly in the checkout-flow. Should the Customer be rejected, they will be navigated directly back to the choice of payment method, to allow them to finish their payment by other means. Every transaction is subject to approval or denial by ANYDAY.

3.2

Before the payment can be captured in the Merchant’s payment gateway, the Merchant must ship the goods to the Customer.  At this point the claim has been transferred to ANYDAY.

3.3

The transactions are reserved and eligible for capture for a period of 7 days. If the capture has not been carried out within that time frame the amount will be released back into the Customer’s ANYDAY account. At this point, the Merchant will no longer be able to make a capture of said payment and would need to contact ANYDAY support.

4.1

ANYDAY provides ANYDAY Split for the Merchant. ANYDAY will, to a reasonable extent, assist in the implementation of ANYDAY Split in the Merchant’s shop system and/or payment gateway.

4.2

ANYDAY buys the relevant claim on the Customer’s debt from the Merchant. At the capture of payment, all risk and responsibility to claim is fully transferred to ANYDAY.

4.3

Settlements are conducted by ANYDAY every Thursday corresponding to the sum of payments that in the previous week (Monday to Monday) have been captured by the Merchant. In the case of refunds registered since the previous week, the sum of these will be deducted. Additionally, costs and fees stipulated in the Agreement as well as potential receivables will be deducted from the payment.

4.4

ANYDAY will be in charge of all customer support concerning the payment of their order.

5.1

The Merchant is required to send to the Customer an invoice that complies with Danish legislation. The Merchant is also responsible for ensuring that their goods are legitimate. Furthermore, the Merchant is required to comply with all Visa and MasterCard guidelines. Additionally, the Merchant is not allowed to sell or advertise the sale of cash payments, travel currencies, or sales by prepayment.

5.2

Should a Customer effect payment directly to the Merchant, the Merchant is required to immediately inform ANYDAY as well as transfer the amount to ANYDAY. Nonperformance of this requirement may result in the Customer being charged “late payment fees”, which ANYDAY will be entitled to charge the Merchant for.

5.3

The Merchant is not allowed to charge the Customer any additional costs or fees, then what is charged for other methods of payment. This applies to both the transaction itself and following the transaction.

5.4

The Merchant must manage the Customer support that is not related to the ANYDAY Split transactions.

5.5

With the establishment and implementation of ANYDAY Split, a price tag-widget will be installed on the product-, list-, basket, and checkout pages. This price tag-widget enables the Customer to read all relevant information about ANYDAY Split. The Merchant is required to leave this widget installed on the checkout page. The price tag-widget places cookies in the user’s terminal equipment and the Merchant is obliged per legislation, to inform the users of their website hereof. The Merchant may also collect the user’s consent before cookies are placed.

5.6

ANYDAY is subject to legislation to prevent money-laundering and financing terrorism. Therefore, no payouts will be made to the Merchant until the Merchant has procured and sent the documentation required by ANYDAY to comply with this legislation.

5.7

Should the Merchant want to market ANYDAY Split to its Customers, the Merchant is, in the internal relation between ANYDAY and the Merchant, responsible for the compliance with Danish legislation. In relation hereto, the Merchant is required to indemnify ANYDAY in any regard, including, but not limited to, legal costs, costs of a lawyer, and advertisements. This, however, does not apply, if the marketing material is produced by ANYDAY and without modification used by the Merchant. 

5.8

The Merchant is required to assist ANYDAY in the procurement of information and data, should a Customer choose not to acknowledge a claim. This applies in particular for cases in which ANYDAY receives chargeback requests from the Customer’s bank through ANYDAY’s acquirer.

5.9

The Merchant must be able to establish the delivery of the order for which a payment has been captured. This documentation must be sent within five days of ANYDAY’s request. Should the Merchant not provide ANYDAY with the required documentation on time, ANYDAY will be entitled to recourse towards the Merchant. Thus, the paid amount will be refunded to the Customer’s ANYDAY account, and the Merchant will be obliged to pay the corresponding amount to ANYDAY.

5.10

Should the Customer choose to return the order fully or in part to the Merchant, the Merchant may only refund the order fully or in part through their shop system or payment gateway. In the case that  ANYDAY has already paid the Merchant for this order, the refund will be offset against the next settlement, (see clause 4.3). This also applies to customer disputes, when a Customer has directed objections against the Merchant, and has shown ANYDAY evidence of the dispute with Merchant and/or have used their right of cancellation punctually without the Merchant complying to this request within a reasonable timeframe. The Merchant guarantees to indemnify ANYDAY as well as any of ANYDAY’s financial partners in the event of any defects of the goods or services in question.

6.1

The Merchant shall pay the costs stipulated in the Agreement.  

6.2

The set-up fee will be invoiced by ANYDAY to be paid by the Merchant within eight days.

6.3

Transaction fees are offset against the weekly settlement (see clause 4.3). Any other fee, cost, or receivable will also be offset against the Merchant’s weekly settlement  (see clause 4.3) as well. In case setting off is not possible, the amount will be invoiced by ANYDAY to be paid by the Merchant within eight days. It is specified that transaction fees will not be repaid to the Merchant in case an order is refunded, regardless of the reason for the refund. 

​7.1

The commencement date is stipulated in the Agreement. The clauses 6-13 applies during the period between contract-signing and commencement date.

7.2

Both parties may, in writing, terminate the Agreement and the Terms & Conditions with one month’s notice to expire at the end of a month. With the termination of the Agreement, the Terms & Conditions are considered terminated on the same date and vice versa. The termination must be sent to help@anyday.io to be considered valid according to this clause.

7.3

At the end of the term of notice, all transactions that have already been accepted will be handled until completion, however, it will no longer be possible to use ANYDAY Split for new orders.

7.4

Removal of the price tag-widget, cf. 5.5, 2nd sentence, is considered a significant breach and will allow ANYDAY to terminate the Agreement with one day’s notice.

7.5

Should the Merchant in multiple cases not be able to provide the documentation described in clause 5.9, it will be considered a significant violation and will allow ANYDAY to terminate the Agreement with one day’s notice.

7.6

In case that ANYDAY not within reasonable time exercises its remedies for breach does not constitute passivity. The right of exercising the remedies for breach cannot be forfeited or written off.

8.1

Both parties are subject to confidentiality in regards to any information or data that the opposing party with reasonable grounds can demand withheld from public awareness.

8.2

Both parties are required to treat any information about the Customer as confidential.

8.3

Neither party has the right to disclose information to a third party about the Agreement and its content. ANYDAY is, however, eligible to disclose information about the Agreement to a group-associated company, or a company with 50 % or more correspondence in owners or in relation to a full or partial sale of assets, without the Merchant’s acceptance. Additionally, ANYDAY is entitled to pass on relevant information to its collaborators if this is required for ANYDAY to uphold its obligations according to the Agreement and the Terms & Conditions.

9.1

The intellectual property rights related to a software/program and/or system that is applied to supply ANYDAY Split and is developed by ANYDAY is fully due to ANYDAY.

9.2

Both parties are eligible to use the other’s name and logo loyally in their marketing, including on their website as well as on social media.

10.1

The Agreement and the Terms & Conditions are not assignable both partially and fully. However, ANYDAY can assign its rights and responsibilities to a group-associated company, or a company with 50 % or more correspondence in owners or in relation to a full or partial sale of assets, without the Merchant’s acceptance.

11.1
Except payment obligations, no party shall be considered in breach of the Agreement for delays, faults, defects, or other nonperformance of their obligations according to the Agreement and/or Terms & Conditions, if such a delay, fault, defect, or other nonperformance is due to circumstances being a consequence of Force Majeure. In the event of delay due to Force Majeure, the delivery time will be extended correspondingly. The party that invokes a right according to this clause, shall without undue delay inform the opposing party about the nature and extent of such Force Majeure condition and to the best of their ability resume the performance of their obligations under the Agreement and Terms & Conditions as soon as possible.
12.1

ANYDAY is not responsible for any operational loss, loss of profit, indirect loss, or other consequential loss or errors, that may arise in relation to the implementation and support of ANYDAY Split. It is specified that ANYDAY is not responsible for the loss of revenue caused by system failure and -errors.

12.2

A compensation claim can only amount to the amount the Merchant has paid for the use of ANYDAY Split or any other ANYDAY product in the previous 12 months up until the occurrence of the tortious event.

12.3

Should ANYDAY choose to use subcontractors, the subcontractor’s negligence or other violation is not be attributed to ANYDAY if ANYDAY has fulfilled its obligations to duly instruct this subcontractor. In this case, claims can only be made towards the subcontractor.

13.1
ANYDAY may change its prices, fees, or terms with 30 days’ notice. In this period, the Merchant is allowed to terminate the Agreement as well as the Terms & Conditions with  five days’ notice to the expiration of the 30-day notice.
14.1
The Agreement and the Terms & Conditions are governed by Danish law. Any disputes will be settled at the Aarhus Court. ANYDAY can choose to initiate legal proceedings against the Merchant at the Merchant’s local venue.

ANYDAY’s general conditions for card acquiring and payment gateway (PSP)

Present general conditions for all companies receiving card payments through ANYDAY A/S and Clearhaus A/S

Merchant

The physical or legal part of this agreement, who has entered an agreement with ANYDAY A/S and Clearhaus A/S to receive card payments

Cardholder

The person (Merchant’s customer), a card has been issued to

Card

Payment card covered in this agreement – typically a Visa or Mastercard

Main agreement

The document where prices and other terms between the merchant and ANYDAY/Clearhaus A/S are stated.

Card Organization

Visa and/or Mastercard

Acquirer

Payment institution with a license from the Danish FSA and principal member of Visa and MasterCard. The acquirer handles payments from the cardholder to the merchant.

PSP

Payment Service Provider is the payment gateway which therefore makes it the technical link between the online store of Merchant and the Acquirer.

ANYDAY intermediates following services to the Merchant: processing authorization, queries, registering and processing of card payments, settlements of completed card payments, as well as dealing with objections from the card issuer and cardholder. ANYDAY cooperates with the Acquirer, who is approved and under the supervision of the Danish FSA as well as VISA and MasterCard who provides the services.

ANYDAY delivers an acquiring agreement within 1-3 days from the moment the online store meets the requirements of the acquiring bank.

The acquiring bank is subject to secure compliance cf. anti-money laundering legislation and EU tender law.

The agreement between the Merchant and ANYDAY consists of the main agreement, present general terms for card acquiring, VISA and MasterCard international set of rules, and the Merchant’s application to ANYDAY.

ANYDAY’s agreement with the Merchant is based on a thorough credit check. ANYDAY, therefore, holds the right to obtain credit information about the Merchant, and its ownership, as well as ongoing requests to the Merchant for necessary credit information for credit assessment and customer relations throughout.

ANYDAY holds the right to conduct a physical inspection of the Merchant’s premises and stores unannounced as a part of the ongoing credit assessment. The assessment includes the Merchant’s premises, servers, data, inventories, business procedures etc. The costs of inspection must be paid by the Merchant.

In the case of significant changes within the Merchant’s business circumstances, the Merchant must inform ANYDAY immediately in writing. Significant circumstances consist of, yet not limited to: The Merchant’s ownership, directors, board of directors, registration number, address, email address, phone number, account number, URL, industry, business model(including new business areas), significant changes in product range, as well as sales and delivery conditions. Significant changes can result in a changed credit rating from ANYDAY’s side.

ANYDAY holds the right to change the Merchant’s contract terms if a new credit rating rises to.

All changes to the agreement between ANYDAY and the Merchant, have to be in writing. ANYDAY can change the agreement with a 30-day notice. The notice may be shorter than 30 days if the changes are due to requirements from authorities or card organizations. Notification of the change will occur electronically. The Merchant is bound to the changes, unless the Merchant notifies ANYDAY within 10 days from the notification date, that they cannot accept the change.

It is crucial to the general confidence in the card payment systems, that a high level of security is maintained during the use of card payments. The Merchant is bound to actively contribute to a high standard of security.

The Merchant must always comply with the Card Schemes’ standard of safe processing of card data, known as the PCI DSS. The standards are continuously improved, and the current rules can be found on pcisecuritystandards.org

ANYDAY must be informed if the Merchant processes or store card data themselves, and the Merchant is complied to document its procedures hereabout as well as proof of passed PCI-scan from an approved vendor.

The Merchant is prohibited to share or sell card data with anyone else besides ANYDAY and other possible PSP or acquirer. Forgotten and returned cards must be forwarded to ANYDAY.

The Merchant must ensure that relevant staff(typically the staff who receives payment or deals with accounts and customer complaints) are aware of the card system’s rules. ANYDAY can request relevant staff to attend card payment courses. All costs associated with this shall be covered by the Merchant.

ANYDAY must be immediately informed if unauthorized access has been or suspected to any of the Merchant’s systems containing card information. The Merchants is responsible for losses due to stolen card data, including any fines by the Card Schemes on the Acquirer and ANYDAY. In the event of card information loss, ANYDAY may request an investigation from an external security firm, the cost of which will be covered by the Merchant.

The completion of a transaction consists of an authorization and a capture. Authorization means that the Merchant through ANYDAY’s acquirer asks for confirmation for validation of the card in use and sufficient funds for the required transaction. The amount is reserved upon confirmation, and Merchant receives an authorization code. Payment is made when the Merchant requests capture of the authorized amount through ANYDAY. 

A transaction must not be completed before the goods of service are delivered or shipped to the cardholder.

The Merchant is required to accept all types of cards issued by Visa and MasterCard.

To initiate a transaction, following information must be sent to ANYDAY’s acquirer: Card number, Expiration day, amount, and security code. If ANYDAY deems additional requirements for the transmission necessary, they must be imposed.

Once a transaction has been captured, the Merchant is obliged to issue the cardholder a receipt. All relevant information regarding the transaction must be kept for a minimum of 2 years by the Merchant.

Only transactions that are allowed by this agreement and the Card Schemes’ rules and regulations can be performed. As examples on non-permitted transactions that can be mentioned: Payments received on others behalf, payments for goods, commodities or services (based on MCC code) not mentioned in the Main Agreement, payment of debt (if cardholder is paying for previously received item), payments that may harm the reputation of the Card Schemes and/or ANYDAY and their Acquirer, payments that are not in accordance with local laws in either the Cardholder’s or the Merchants jurisdiction and payments for services that may be an infringement of copyright. 

Any violation of this will be perceived as a serious breach of the Agreement, which can result in immediate termination of the Agreement. Substantial fines on the Merchant may be imposed by ANYDAY or/and the Card Schemes.

Refunds to the Cardholder (typically on returning a purchased item) must be limited to full or partial settlement of a previous card payment. Merchant must use the same card for refunds, as used in previous conduction of initial purchase. The refund amount must not exceed the value of the original transaction.

Refunds may only be implemented through the Acquirer of ANYDAY only, if the initial purchase was made through the Acquirer of ANYDAY. This prohibits any cash disposals or banktrasfers to the cardholder. 

A cardholder holds the right to dispute a transaction. Reasons for a dispute can include, but not limited to, that the Cardholder denies knowledge of the transaction, the payment was completed otherwise, Cardholder not receiving agreed product or service, Cardholder returning the goods or service, or the amount was larger than agreed upon.

On ANYDAYS’s request, the Merchant is obligated to immediately submit all relevant documentation relating to any disputed transaction. If the Merchant is not able to prove its right to withhold a refund, ANYDAY may decide to return the payment to the Cardholder. ANYDAY’s decision is final and cannot be appealed to any court. 

The Merchant is bound to  withhold a high level of service to Cardholders, so that disputes are avoided. An excessive  number of disputes or chargebacks may impose fines or fees on the Merchant and ANYDAY by The Card Schemes. If ANYDAY is fined by The Card Schemes as a result of the business of the Merchant, the Merchant will be held liable. 

On ANYDAY’s request, the Merchant must participate in programs and courses to minimize disputes, at its own expense.

All usual fees are mentioned in the Main Agreement. All fees, fines, etc. will be deducted from ANYDAY’s payments to the Merchant. All prices and charges are stated exclusive of VAT. duties and taxes.

The Merchant must inform Cardholder clearly of any transaction fees before any transaction. The Merchant is responsible for following local, national and EU rules for charging transaction fees.

Completed transactions will be paid periodically as determined in the Agreement. Payouts shall be made net of fees, penalties, chargebacks and reserves. 

Reserves are defined in the Main Agreement. If a new credit rating calls for a changed reserve, ANYDAY may change the amount. 

The Merchant has a duty to reconcile ANYDAY’s payments calculation with its own bookkeeping in a timely manner. Objections to ANYDAY must happen within 30 days of the end of the month in which a transaction took place. The Merchant must from its own operations, retrieve account statements on anyday.io.

The Agreement between ANYDAY and the Merchant takes effect immediately upon order, and runs until the Merchant terminates. Upon the order of ANYDAY, the Merchant gives power of attorney to ANYDAY to accept the standard conditions for the Acquiring on the Merchants behalf. If the conditions are not standard, ANYDAY will request an electronic power of attorney agreement from the Merchant.

The Agreement can be terminated by ANYDAY with 3 months notice. ANYDAY may immediately terminate the Agreement or change the terms herein, if there is repeated gross misconduct, excessive number of chargebacks or refunds included. The Agreements may also be immediately terminated by ANYDAY if it after a change in credit rating deems it necessary.

The Merchant can terminate the Agreement with ANYDAY, by the end of the subscription period.

The termination can be sent in writing to help@anyday.iokontakt@anyday.iohjelp@anyday.ioayuda@anyday.io

The Card Schemes may, at their sole discretion, terminate the Agreement with immediate effect.

General terms for Payment Gateway Services

Terms of service apply from June 1. 2016. The current pricing and pricing structure can be changed at any time with a 3 months prior notice.

Signing up for ANYDAY gives the Merchant the opportunity to retrieve payments over the internet. ANYDAY’s Payment Gateway is approved by Acquirer, and transfers between ANYDAY’s Payment Gateway and Acquirer happens in encrypted form.

ANYDAY strives to ensure, that payments over the internet can take place 24 hours a day, all year round, and maintain highest security procedures. ANYDAY’s Payment Gateway (PSP) provider commits to be PCI-approved at all times.

ANYDAY is not responsible for malfunctions, but will always try to correct any errors as quickly as possible.

In case of maintenance and/or technical changes, ANYDAY is entitled to suspend the service for shorter amounts of time.

The Merchant is responsible to ensure the software in their online store can ensure payment transfers can be made through ANYDAY. ANYDAY is not responsible for the modules which are made available free of charge. 

The Merchant is responsible for ensuring payment transfers comply with applicable laws, including the rules and guidelines laid down in payment card legislation, registration regulations, and consumer protection. 

In the case of the Merchant does not enter an agreement of Acquiring with ANYDAY, the Merchant can make agreements with other Acquirers on the use of payment card systems, and accordingly ANYDAY is not responsible for the pricing and terms of these Acquires. Therefore, such agreements are exclusively agreements between the Acquirer and the Merchant. 

The Merchant is still obligated to comply with rules and guidelines of ANYDAY and is obligated to notify ANYDAY of any irregularities in operation, including suspicion of any third party system compromise.

ANYDAY is not liable for losses suffered by the user, should other people gain access to their login information etc., or if any customers require refund of payments made over the internet, regardless of objections the card holder/user might make. 

A Merchant may not make any claims against ANYDAY due to interruptions of service, regardless of the cause.

ANYDAY is entitled to assign its obligations under these General Conditions to a third party without prior notice. 

ANYDAY owns the right of use regarding the software used by ANYDAY for transfers under these General Conditions. Both parties must maintain absolute confidentiality regarding information concerning the other/and or third party, which they may be aware of.

The Merchant is granted a limited, non exclusive right to use the service provided by ANYDAY.

The Merchant’s right to use the provided code and other materials is subject to timely payments of any amounts due to ANYDAY. 

Violation of these terms is considered breach of agreement. 

During the contract period, ANYDAY has the right to use the Merchant’s trade names for reference, including marketing material. The Merchant may give ANYDAY instruction for such use. If the Merchant actively expresses itself not to be used as a reference, ANYDAY is obliged to abide by the Merchants wish. 

Subscription: 

  • The Subscription is prepaid 
  • The merchant receives the first bill at the end of the subscription month for new month incl. crooked days in the drawing month. If the subscription is terminated before the end of the first settlement period, the days will be calculated and the merchant will be invoiced.
  • The monthly payment is due on the first banking day of each month. 
  • Non-payment is followed by the reminder procedure in that country. 
  • The monthly payment can be set up to automatically withdraw from the customer’s account at the end of every month. 

Consumption: 

  • The payment of consumption will be paid in arrears at the end of every month. The terms of payment are 8 banking days. 
  • Non-payment is followed by the reminder procedure in that country.

The Agreement between ANYDAY and the Merchant takes effect immediately upon order, and runs until the Merchant terminates.

The Merchant can terminate the Agreement with ANYDAY, by the end of the prepaid subscription period. 

The termination can be sent in writing to help@anyday.iokontakt@anyday.iohjelp@anyday.ioayuda@anyday.io

In the event of any breach of these General Conditions, involving applicable laws and governmental regulations, ANYDAY is entitled terminate the Merchant’s connection immediately.

Neither party is entitled to disclose information to a third party about the Agreement or its content. ANYDAY shall be entitled to disclose information about the Agreement and the Merchant to the Acquirer and the Card Schemes. 

The Merchants cannot hold ANYDAY liable for damages, including lack of revenue due to system failure or errors. The Merchant is encouraged to maintain adequate backup systems. 

Installation assistance or other help in regards to the Merchant’s website, is always at own risk. ANYDAY cannot be held liable for errors or malfunctions of the online store. ANYDAY therefore recommends that Merchant makes a backup of the website.

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