Terms & Conditions

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

General conditions for card acquiring

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

1. Definitions

  • 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
  • Cartholder
    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.

2. ANYDAY’s acquiring services

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.

3. Agreement basis

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.

4. Use of card system

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.

5. Completion of transactions

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.

6. Non-permitted transactions

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.

7. Refunds

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. 

8. Disputes

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.

9. Fees

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.

10. Payments and reserves

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.

11. Effect and termination of agreement

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.

1. ANYDAY’s service

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.

2. Operation and uptime

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.

3. The responsibility of the Merchant

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.

4. Rights

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. 

5. Terms of payment – Subscription – (Only Danish merchants)

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.
 

6. Commencement and termination of the contract

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.

7. Other matters

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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