General terms and conditions for the use of the platform „easy-online-payment.com“ for companies (B2B)
§ 1 General
(1) Corazon Communication Business GmbH & Co KG, Frankfurter Str. 5, 65189 Wiesbaden (hereinafter referred to as „Operator“) operates the platform „easy-online-payment.com“.
(2) These General Terms and Conditions are exclusively addressed to entrepreneurs (§ 14 BGB) as well as legal entities under public law and special funds under public law, but not to consumers (§ 13 BGB).
(3) The use of the services of the „easy-online-payment.com“ platform is governed by these General Terms and Conditions for Companies, unless otherwise contractually agreed in individual cases. Deviating general terms and conditions of the customer are expressly contradicted.
§ 2 Begriffsbestimmungen
For the purposes of these Terms and Conditions, the following definitions shall apply:
- „Customer“: Companies that implement payment methods on their website in order to charge for their own services.
- „Account“: Customer’s account at easy-online-payment.com;
- „Online Payment Gateway“: Online platform for the execution, administration and acceptance of online payments.
- „Acquirers“: are financial institutions that process payments from credit and debit cards.
- „Chargeback“: Cancellation of the transaction by the credit card/account holder.
- „Refund“: Reimbursement of the partial/total amount by the dealer.
- „Retrieval“: Request from the (issuing) bank for information on a transaction/debit of a card/account holder’s account, resulting from e.g. demand from the card/account holder, incomplete transaction information, potential fraud.
- „Rolling Reserve“: Monthly percentage security retention of sales by acquirer/bank to cover possible future chargebacks. Payment after 180 days.
- „EBICS“: The Electronic Banking Internet Communication Standard is the current multi-bank standard in Germany for the communication of payment transaction data via the Internet.
§ 3 Login and registration
(1) The use of easy-online-payment.com services requires registration as a customer. Registration is effected by entering the required data in an online form provided for this purpose. The Customer may cancel the registration at any time by pressing the „Back“ button and closing the browser window. German is the only language available for registration. The registration is temporarily stored by the operator and sent to the customer with a confirmation e-mail.
(2) By completing the registration process, the customer’s request is forwarded to the Operator and processed by the Operator. The Operator sends the Customer an offer for his services by e-mail, post or fax. The customer has the possibility to accept or reject the offer.
(3) The data of the customer are checked by the operator. The Operator reserves the right to refuse the activation of an account for the use of the easy-online-payment.com platform and to refrain from sending an offer without giving reasons and even if all formal requirements are met.
§ 4 Scope of services
(1) The object of the contract is consulting services for the use of a technical service – Online Payment Gateway – for the processing of online payments and eCommerce transactions as well as the mediation of processing contracts for various national and international means of payment.
(2) The Online Payment Gateway enables the customer to accept common means of payment and to accept selected types of payment transactions. On the one hand, the customer is connected to the Online Payment Gateway, on the other hand, the usual payment service providers and acquirers of the individual means of payment are connected.
(3) Separate acceptance contracts shall be concluded with the respective service providers, network operators, payment service providers and acquirers for the acceptance and processing of online payments. The operator of the easy-online-payment.com platform merely acts as an intermediary and has no direct influence on the conclusion of the individual acceptance agreements.
(4) Further details of the services, functions and prerequisites for the conclusion of the necessary acceptance agreements are described on the website www.easy-online-payment.com .
(5) The data communication with the operator takes place via online access via the web browser.
(6) The Operator shall enable the Customer to access the easy-online-payment.com platform via the Internet within the scope of its technical and operational capabilities. The Operator shall not owe any specific success in this connection.
(7) The Operator is free to provide the contractually agreed services alone and/or with partners. The operator is free in the choice of the partner enterprises.
(8) The customer is aware that the online payment gateway is not provided by the operator itself. The customer concludes a separate service contract with the operator of the Online Payment Gateway. The provision of the required interfaces (e.g. APIs or plug-ins for shop systems) is made directly by the operator of the Online Payment Gateway.
(9) The Operator reserves the right to check data and content for breaches of contract or law even retrospectively. Subject to a special occasion, this check is only carried out on a random basis. There is no obligation to check the data.
(10) Incomplete or wrong entries by the customer can lead to faulty functions and accounts. The operator assumes no liability for this.
(11) The operator’s obligations do not include the customer’s access to the Internet or the operation of data lines or data networks as parts of the public Internet. The operator therefore assumes no responsibility for the operability of such data networks or such data lines to its servers.
(12) The Operator shall not be responsible for delays in delivery and performance due to force majeure and due to events which substantially complicate or render impossible the performance, in particular strike, lockout, official orders, failure of communication networks and gateways of other operators, disturbances in the area of telecommunication transmission paths of third parties, etc. The Operator shall not be responsible for such delays in delivery and performance. They entitle the operator to postpone the delivery and service for the duration of the hindrance, plus a reasonable start-up time.
(13) The customer is obliged to create at his own expense the technical, organizational and other prerequisites for his system that are necessary to support the changed interfaces.
§ 5 Obligations of the customer
(1) The customer of „easy-online-payment.com“ shall be subject to duties of conduct for the purpose of ensuring proper performance, the non-compliance with which may result in disadvantages, in particular termination and claims for damages. These duties of conduct are listed below.
(2) Within the scope of using the Customer’s account at www.easy-online-payment.com, the Customer must
a) to provide complete and truthful information during registration and other searches necessary to achieve the purpose of the contract,
b) in the event of a subsequent change to the data requested, to correct them without delay,
c) to ensure that the user name and the associated password are not made accessible to third parties,
d) to prevent any use of the platform under their own account by unauthorized third parties,
e) to inform the operator immediately at email@example.com if there is an abusive use of the password or the account or if there are indications for an impending abusive use.
§ 6 Property rights, reference lists
(1) The customer will pay particular attention to the rights of third parties.
(2) In the event that the customer provides or transmits content in connection with the services of the operator, to which he is entitled to copyrights or other rights, the operator is entitled for the duration of the service provision to those acts of exploitation which correspond to the purpose of the individual services.
(3) The operator is entitled to list the company and logo of the customer in reference lists and to publish these on the Internet or in print media for factual information. Both parties also have the right to publish press releases with a brief description of the cooperation or individual projects.
§ 7 Data protection and privacy
(1) Within the scope of the service, the operator collects, processes and uses the customer’s master data as well as usage-dependent billing data for monitoring and billing the service.
(2) The Operator provides the contractual services within the scope of the statutory provisions in their respective valid version; this applies in particular to the provisions of the EU-DSGVO and the Federal Data Protection Act (BDSG) as well as telecommunications secrecy.
(3) The Operator shall collect, process and store the data processed by IT in accordance with the principles of proper data security and data economy.
(4) The operator observes applicable data protection laws. Insofar as the Operator uses third parties for the provision or billing of the services offered, he is entitled within the framework of the applicable law to pass on data of the Customer if interests of the Customer worthy of protection are not impaired and this is necessary for the performance of the tasks incurred.
(5) The customer agrees that his data may be stored and processed in accordance with the aforementioned statutory provisions insofar as this is necessary for the execution of the contract. The customer further agrees that the data concerning him may be exchanged with partners of the Operator within the framework of the aforementioned statutory provisions, insofar as this is necessary for the execution of the contract.
§ 8 Liability
(1) The operator shall pay compensation or compensation for futile expenses, regardless of the legal basis (e.g. from legal and similar contractual obligations, breach of duty and tort), only to the following extent:
a) The liability in case of intent and warranty is unlimited.
b) In the event of gross negligence, the operator shall be liable to the extent of the typical damage foreseeable at the time the contract was concluded.
c) In the event of a negligent breach of such an essential obligation, the fulfilment of which is essential for the proper execution of the purpose of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligation), the Operator shall only be liable to the extent of the damage typically foreseeable at the time of conclusion of the contract. If the Operator is in default with the service, the Operator shall also be liable for this service without limitation for coincidence, unless the damage would have occurred even if the service had been provided on time. Otherwise, liability for simple negligence is excluded.
(2) The operator makes use of third parties for the provision of contractual services. The Operator shall not be liable if the contractual services cannot be provided because these third parties known to the Customer do not provide their technical preliminary services or do not provide them properly.
(3) Insofar as the liability of the Operator is excluded or limited in accordance with the above provisions, this shall also apply to the assertion of indirect damage, in particular loss of profit or loss of production, insofar as this is legally permissible.
(4) In the event of injury to life, limb and health and in the event of claims arising from the Product Liability Act, the statutory provisions shall apply.
§ 9 Limitation period
(1) The limitation period shall be as follows
a) one year for claims arising from material defects and defects of title;
b) for claims arising from defects of title, one year, if the defect of title does not lie in an exclusive right of a third party, on the basis of which the third party can demand the surrender or destruction of the objects transferred to the customer;
c) in the case of other claims for damages or reimbursement of futile expenses, one year, beginning from the time at which the customer became aware of the circumstances giving rise to the claim or had to become aware without gross negligence. The statute of limitations shall commence at the latest upon expiry of the maximum periods specified in § 199 BGB (German Civil Code).
(2) In the case of compensation for damages and expenses due to intent, gross negligence, warranty, fraudulent intent, in accordance with the provisions of the Product Liability Act or due to claims for compensation for bodily injury, however, the statutory limitation periods shall always apply.
§ 10 Contract duration and termination
(1) The user contract is concluded for an indefinite period of time. The contract may be terminated by either party by giving 6 months‘ notice to the end of the month.
(2) The right to terminate the contract for good cause remains unaffected.
(3) Notices of termination must be given in writing or by fax.
(4) The Operator is entitled to an extraordinary right of termination without notice in the event that the Customer violates the obligations specified in §5.
(5) When the termination becomes effective, the customer’s account will be blocked and any content still stored there may be deleted. The customer is therefore obliged to make and keep copies of all data stored on www.easy-online-payment.com.
§ 11 Other
(1) The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
(2) The customer may only transfer rights and obligations from this contract to third parties with the prior consent of The Operator.
(3) The partial or complete invalidity of individual contractual provisions, including individual provisions of these General Terms and Conditions, shall not affect the validity of the remaining provisions. In place of the invalid or unenforceable provision, a provision shall be deemed agreed whose meaning and purpose comes as close as possible to the invalid or unenforceable provision, in particular the economically intended purpose associated therewith. The same applies to a contractual gap.
(4) Subsidiary agreements and amendments to contractual provisions, including provisions of these General Terms and Conditions, must be made in writing in order to be effective. This formal requirement may not be waived or invalidated either orally or tacitly.
(5) The place of jurisdiction for all disputes arising from and in connection with contracts concluded on the basis of these General Terms and Conditions shall be Wiesbaden for contracts with merchants, legal entities under public law or special funds under public law.