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For the purposes of using SumUp’s payment and e-money services as described below (“Payment Services”) you agree to be bound by SumUp’s General Terms, these Payment Terms, and all other terms and policies applicable to specific Services that you may use. These Payment Terms are Additional Terms and, with the General Terms, are part of the legal agreement between you and SumUp Limited (“SumUp”, “we”, “us”). Unless otherwise defined herein, capitalised terms have the same meaning as in the General Terms.
The Payment Services are provided by SumUp, a company with limited liability incorporated in Ireland with its registered number 505893, VAT number IE9813461A, and with its registered office Block 8, Harcourt Centre, Charlotte Way, Dublin 2, Ireland D02 K580. SumUp is an authorised Electronic Money Institution (license no. C195030, issued on 27 October 2020) regulated by the Central Bank of Ireland. Details of our licence can be found on the Central Bank of Ireland’s online register.
It is important that you understand your responsibilities under these Payment Terms. Please read them carefully.
If you have any questions, concerns, or complaints about the General Terms, these Payment Terms, any other Additional Terms, or the Services--or if you want to request a copy of these Payment Terms--please contact SumUp’s Customer Support at [email protected] or via the online chat facility available on our Website.
Our Payment Services offer you the ability to accept and process payment card transactions (“Payment(s)”) through various means and/or to utilise an e-money wallet (“Wallet”) that has a prepaid debit card (“Card”) attached to it. Payments with your customers (“Cardholder(s)”) can be processed in-person using your compatible mobile device, our App and/or a card reader device provided by us (“Reader”) and remotely through online payment methods made available by us.
In providing the Payment Services, we will facilitate the processing of Payments carried out on your behalf, credit the funds received by us from such Payments on your Account and settle such funds (less our Fees and any Chargebacks, reversals, claims or other funds owed to us) in accordance with these Payment Terms.
You authorise and instruct us to receive, hold and disburse funds in accordance with these Payment Terms on your behalf. This authorisation and instruction will remain in full force and effect until your Account is closed or terminated.
2. Personal data processing
3. Networks and Acquiring Partners
The Payment Services allow you to accept payments from cards offered by Visa Europe Limited, Mastercard Europe S.A., American Express Limited and other applicable payment card organisations (together, “Networks”). The Networks have established requirements and guidelines (“Network Rules”) that, along with these Payment Terms and the General Terms, govern our provision of the Payment Services to you. Links to the current Network Rules can be found on our Website. By accepting these Payment Terms you also agree that you will comply with the Network Rules, which may be amended from time to time by the Networks. We may add, delete, or modify the Payment Services and/or these Payment Terms as necessary to comply with the Network Rules.
In order to provide our Payment Services, we have entered into agreements with acquiring bank partners (“Acquiring Partners”). A list of the Acquiring Partners we work with in the provision of the Services can be found on our Website. The Network Rules may require that some of our merchants enter into a separate agreement with one of our acquiring bank partners or the Networks themselves depending on the volume of Payments. If you are such a merchant we will notify you and provide you with a separate agreement at such time.
In case of any conflict between these Payment Terms and either the Network Rules or such an acquirer agreement, the terms of the Network Rules or Acquiring Partner agreement will prevail.
4. SumUp Account
You must have an Account with SumUp to use the Payment Services, as described in section 1 of the General Terms. In connection with creating and using an Account, we may perform a credit check on you, and we may require you to supply additional documentation in order for us to comply with applicable laws, regulations, and rules. The decision as to whether all necessary checks have been successfully completed will be made by us in our sole discretion. We reserve the right to suspend or terminate your Account, and/or limit access to the Payment Services, if you do not provide complete and accurate information or if you fail to meet any Account registration or verification requirements.
5. Acceptance of card payments
The Payment Services include the ability to accept card-present payments either through the use of a Reader, by manual entry of the payment card information, or by other methods that we may make available. When you accept Payments using one of our Readers, the Reader will be used to process and authorise Payments between the payment card and our servers. The Payment Services may also include the ability to accept card-not-present payments, including payments made via a payments gateway or through payment links sent by you to your customers. A list of payment cards we currently accept, which we may update from time to time without prior notice, can be found on our Website.
Certain payment methods may be offered under the Payment Services in partnership with a third party (“Partner”) through the Partner’s mobile application, website or other software (“Partner Application”). In such cases, your relationship with the Partner will be governed by a separate commercial relationship between you and the Partner, and we are only responsible for the Payment Services provided by us as part of the Partner Application. We are not responsible for the functionality of the Partner Application or any service provided to you or Cardholders by the Partner. If agreed between you and the Partner, we may also collect service fees on behalf of the Partner, but under no circumstances will we be responsible for withholding or paying any taxes relating to your use of the Partner Application.
6. Alternative payment methods
In addition to the Payment Services described above, SumUp may offer a functionality that enables you to accept payments from customers via other payment methods provided by third parties (“Alternative Payment Methods”). You may integrate the Alternative Payment Methods functionality into our card-not-present Payment Services, allowing your customers to select and use an Alternative Payment Method when making payments to you.
Details concerning Alternative Payment Services providers, and certain additional standards, rules, procedures, and requirements pertaining to the Alternative Payment Services (“APM Terms”) can be found on our Website and are incorporated into these Payment Terms to the extent you use the Alternative Payment Services functionality. You agree to comply with the APM Terms at all times. Alternative Payment Services providers and the APM Terms are subject to change without prior notice.
Payments made through Alternative Payment Methods may be reversed by the Alternative Payment Method providers unless otherwise stated in the APM Terms. Your obligations and liability towards SumUp for any reversed payments are the same as those you have towards us for Chargebacks. Alternative Payment Method providers may influence the reversal of a payment made through Alternative Payment Methods in the same way as the relevant Network, Acquiring Partner, or any of our designated financial institutions may influence a Chargeback.
The availability of the Alternative Payment Methods is subject to geographical restrictions. You can see which Alternative Payment Methods are available in your country on our Website.
Information about available Readers and how they can be purchased or leased can be found on our Website.
Unless we have specifically agreed otherwise, you are not allowed to sell, rent, license or transfer a Reader to a third party or allow the use of the Reader by a third party. You are also not allowed to modify the software or the hardware of the Reader in any way. You must not use the Reader for any purpose other than accepting Payments.
8. Payout, Fees and Statements
After we receive funds from the Payments you process through SumUp, we pay out what's owed to you to your Wallet (“Payout”). You can choose to automatically route Payouts to the bank account linked to your SumUp Account. Before each Payout, we will deduct from the Payment funds the applicable Fees for our Services. Our current Fees for Payment Services are listed on the Fee Schedule on our Website. You can change your Payout preferences in your Account profile or by contacting Customer Support at [email protected] or via the online chat facility available on our Website.
We will provide you with monthly statements of your SumUp Account. You agree that we may aggregate Fee information by brand, application, payment instrument categories and rates of interchange fees applicable to the transaction, as applicable.
9. SumUp Wallet and Card
We will issue you a Wallet connected to your Account in order to facilitate Payouts as described in Section 8 above. We may also issue you with a Card connected to your Account. Fees may be charged for use of the Wallet and/or Card. A schedule of current fees can be found on our Website.
If you have not been issued a Card and would like to activate this feature or if you would like to activate additional features associated with your Wallet, please contact Customer Support at [email protected] or via the online chat facility available on our Website.
9a. Using Your Wallet
Your Wallet (which may also be referred to as SumUp Business Account) may be funded through Payouts from your Payments. We may also provide you with the ability to fund your Wallet by uploading funds to it directly through a credit or debit card payment or through a bank transfer. Where you are uploading funds to your Wallet, we’ll add the money to your Wallet as soon as we receive your payment. You may redeem the balance of funds held in your Wallet to your bank account at any time; however, such redemptions are subject to security and anti-fraud controls, and you may be required to confirm your identity or provide other verifying information before the transfer takes place.
Neither your SumUp Account nor your SumUp Business Account is a bank account, and neither is covered by a compensation scheme. Funds held in your Account or Wallet do not constitute deposits and will not earn interest.
9b. Using Your Card
The Card is issued by SumUp pursuant to the license it holds with Mastercard Europe S/AInc., and may be issued in physical or virtual form. The Card may be used to pay for goods and services both in stores and remotely (for example, online) as well as for cash withdrawals from your Wallet. You are under no obligation to use the Card.
Cards will be sent to the physical address (for physical Cards) or e-mail address (for virtual Cards) registered with your Account, and you must activate the Card to begin using it. When you activate your Card, you must set a PIN. Do not write down your PIN or store it electronically in an unsecured manner. Do not store your PIN with your Card or mobile device. Never share your PIN with anyone and when entering it ensure that no one else can see it.
In accordance with applicable laws and regulations, we are required to obtain, verify, and record certain information for all of our customers. Until this process is complete, your use of the Card may be partially or completely restricted. Use of the Card is also subject to fraud prevention measures at all times, with or without notice.
The Card may be used to purchase goods and services with any business displaying the Mastercard acceptance symbol or to withdraw cash at any cashpoint displaying the Mastercard logo. When you receive funds on your Card, the funds are stored in your Wallet.
Some Card transactions may require additional security verification through the Mastercard 3D Secure system before they are completed. This may require you to answer security questions, to verify the transaction through the use of a confirmation code received by sms or email, or to verify the transaction by a fingerprint reading taken through a compatible device.
If you believe your Card, Card number, PIN, Account, or online login credentials have been lost or stolen or that someone has transferred or may transfer money from your Card without your permission, you must contact us at once via Customer Support at [email protected] or via the online chat facility available on our Website. You may temporarily block use of your Card via the SumUp dashboard.
If the Card is lost or stolen, or you have failed to keep the security features of your Card safe in accordance with this these Payment Terms, your maximum liability will be limited to €50 or equivalent local value, unless you have acted fraudulently or have with intent or gross negligence failed to comply with these Payment Terms, in which case you may be liable for the entire loss. You are responsible for all authorised transactions initiated and fees incurred by use of your Card. If you permit another person to have access to your Card, Card number, PIN, Account, SumUp Business Account, password, or login credentials, any Card transactions by such persons will be considered authorised and you may be liable for all transactions and fees incurred by those persons.
For security reasons, we may limit the amount or number of transactions you can make on your Card. You may not use your Card for any unlawful transaction.
SumUp reserves the right to cancel a Card that has not been activated or used for a period of 12 months. In such a case, we will inform you not less than 30 days in advance and will thereafter cancel the Card unless you activate or start using it within the notice period.
SumUp may also provide you with the ability to transfer funds from your Wallet to the Wallet of another SumUp Account or to a bank account.
It is your responsibility to make sure that the required payment details of the transferee are entered correctly. Any error in the information entered may result in the transfer being unsuccessful or delayed or it may result in loss of the funds. We will not be liable in any circumstances for any losses you incur from entering incorrect payment details for such transfers.
Prior to confirming your request to enter into the transfer, the following details will be displayed on your dashboard:
the payment details of the counterparty;
the amount of money you wish to send to the counterparty; and
any applicable fees.
Once we receive your request to enter into the transfer, you may not cancel it. Your request is deemed received as soon as you provide us with the details specified above. Transfers from your Wallet to the Wallet of another SumUp Account or to a bank account will be executed by us immediately upon receipt of your request to enter into the transfer. Once we receive your request to enter into a transfer from your Wallet to the Wallet of another SumUp Account, we will credit the Wallet of the other SumUp Account immediately. Transfers to bank accounts may take up to 3 to 5 working days depending on the provider. We may not finalise your transfer if:
your instructions are incomplete or unclear
there is suspicious activity relating to you or the transferee
the transfer would violate applicable law, regulation, rule, or these Payment Terms
it exceeds your payment limits or the balance of funds held in your Wallet.
We reserve the right to impose limits on the number and/or amounts of transfers as necessary, in our sole discretion, to comply with security and regulatory requirements.
11. Safeguarding of Funds
We will hold an amount equal to any amounts owed to you by us separated from our own funds, but together with the amounts held on behalf of other SumUp Accounts, in a segregated bank account. Such funds will be safeguarded in accordance with our legal and regulatory obligations. In the event that we become insolvent, any funds that have been received by us will be protected against the claims made by our creditors.
12. Open Banking
We may give you the ability to enable open-banking providers and third-party providers to have access to your Account information or to make payments on your behalf in accordance with your instructions and applicable regulatory requirements. Any such providers must be permitted by law to make payments, and will often need to be authorised by an official regulator such as the Central Bank of Ireland or the Financial Conduct Authority. Before enabling any such providers, you should confirm that they are authorised and trustworthy.
Any payment requests we may receive from open-banking or third-party providers enabled by you will be treated as if they were sent to us by you and will be subject to these Payment Terms. If you are expecting open-banking providers or third-party providers to make a payment on your behalf and they do not do this, we assume no responsibility for the non-fulfilment of your payment. If you wish to disable an open-banking or third-party provider from having access to your Account and/or making payments on your behalf, you should contact us or the provider.
You must comply with all restrictions imposed by our General Terms and these Payment Terms in relation to your use of the Payment Services. You further agree not to use the Payment Services for goods, services or business activities that are (a) illegal or potentially illegal (including counterfeited, stolen, or fraudulent ones), or (b) are not compliant with all applicable laws or regulations (including, without limitation consumer protection laws, product safety laws, intellectual property laws, and trade regulations and export controls).
SumUp may at its sole discretion decide whether your use of the Payment Services violates any restrictions imposed under the General Terms or these Payment Terms. We retain the right to suspend or terminate your Account and/or access to the Payment Services if we determine, or reasonably suspect, that a violation has occurred. If you submit to us or attempt to submit to us any Payment we believe is in violation of the General Terms or these Payment Terms or the law and/or exposes us, other users of our Payment Services, or our partners to harm (including without limitation fraud, brand or reputational damage or criminal acts) we reserve the right not to authorise, to suspend or reverse the Payment; to close or suspend your Account; to report the transaction to the relevant law enforcement agency; and/or to seek damages or other relief from you.
We further reserve the right to block, suspend, or cancel your Card or Wallet if, as a result of our policies and processes we detect what we reasonably believe to be fraudulent, suspicious or criminal activity or any activity that is inconsistent with the General Terms and/or these Payment Terms. In the event we block, suspend or cancel your Card or Wallet, unless there are objectively justified security reasons or it is unlawful for us to do so, we will inform you of the blocking, suspension or cancellation of your Card or Wallet before your Card or Wallet is blocked, suspended or cancelled where possible before or at the latest after your Card or Wallet is blocked, suspended or cancelled. If we exercise this right, we will incur no liability to you because of any resulting unavailability of the funds in your Card and/or Wallet, or your inability to use your Card.
14. Your Obligations
You agree that you will not accept any Payments where the payment card does not contain all of the elements that are typical for that type of card, where the payment card appears to be manipulated or damaged, or where the payment card has expired.
Without our permission you must not set a minimum threshold for Payments that is higher than € 1.00 (or local equivalent) for any Payment. Furthermore, you will provide Cardholders with conditions of sale at least equal to those you provide to customers who pay in cash for your goods and/or services, and you will not charge Cardholders any additional amounts or surcharges.
You must monitor your Account and your Payment history and refund to the respective Cardholder any Payment amount that you received in error or any excess amount where the amount of the Payment was wrong.
You will make available to the Cardholder a paper-based receipt of the Payment if required by law or the Network Rules. Additionally, you may provide Cardholders with an option (but not in lieu of a paper-based receipt if such is required by law) to receive a receipt for the Payment via email or text message.
You must promptly review any statements (e.g., invoices or settlement statements) provided by us as well as the settlements, refunds, chargebacks or any other transactions, paid or charged to you or the Cardholder. You must object to any inaccurate or incomplete statement without undue delay, at the latest within twenty-five Business Days after receipt of the relevant statement or date of the respective payment. Failure to object in time will be deemed an approval unless an error has been made by us. Where an error has been made by us, you must notify us without undue delay and in any event no later than thirteen months from the debit date of the payment transaction to which the error relates (as detailed below in section 18 (Errors and Unauthorised Payments)). We reserve the right to reissue corrected statements or correct any payments after the expiration of this deadline. Except as required by law, you will be solely responsible for keeping records of all Payments and other data related to your Account and your use of the Services.
You will display any SumUp advertisement material that you receive from us in plain view at your business premises. Such material may include stickers for your store, shop or car window with the SumUp logo and/or the Networks’ logos or signs or leaflets required to be displayed by the Networks, law or SumUp.
For the purpose of securing the performance of your payment obligations under these Payment Terms, you acknowledge and agree that we are entitled at any time and in our sole discretion to temporarily withhold Payouts to you and to accrue a reserve (“Reserve”). The Reserve will serve as a security in our favour and we will be entitled to collect and set off from the Reserve all amounts that you owe us under these Terms, including any Account deficit balance, without prior notice to you.
If you owe us an amount that exceeds the amount of the Reserve, you will immediately, but not later than three Business Days after our demand pay us the amount owed in excess of the Reserve. You hereby explicitly authorise us to debit any amounts owed to us, including any costs and expenses incurred in connection with the collection of these amounts, from your Wallet or your bank account and/or your credit card or bank account used to purchase any of our Readers or to set off such amounts against any Payouts owed to you. Your failure to fully pay amounts that you owe us on demand will be a material breach of these Terms and you will bear all costs associated with collection of such amounts, including without limitation attorneys’ fees and expenses, collection agency fees, and any applicable interest.
The amount of a Payment may be charged back to your Account if the Payment (a) is disputed, is reversed for any reason by the relevant Network, our Acquiring Partner, the Cardholder or any of our designated financial institutions; (b) was not authorised; or (c) we have any reason to believe that the Payment was not authorised, unlawful, suspicious, or in violation of these Terms (“Chargeback”).
You agree to assist us, when requested and at your expense, to investigate any Chargeback and/or any of your Payments processed through the Services. You acknowledge that your failure to assist us in a timely manner, including by providing necessary documentation not later than ten Business Days from our request, may result in an irreversible Chargeback. We reserve the right to charge a fee for investigating and/or mediating any Chargebacks; any such fees will be disclosed on our Website.
If a Chargeback dispute has not been resolved by either the issuing bank or the Network in your favour, or if you choose not to contest a Chargeback, we reserve the right to (a) collect from you the original Payment amount plus the Fees and (b) credit the original Payment amount back to the Cardholder.
If we determine that you are incurring an excessive amount of Chargebacks, we may delay Payouts to your Wallet or your bank account, set the Reserve in an amount reasonably determined by us to cover anticipated Chargebacks and related fees, or terminate or suspend the Services and close your Account.
17. Refunds and Returns
Under these Payment Terms and by accepting Payments with the Payment Services, you will process returns and provide refunds through your Account in accordance with these Payment Terms and the Network Rules.
Among other things, the Network Rules require you to offer and disclose at the time of purchase a fair return and cancellation policy and not to give cash refunds on Payments, unless required by law, and not to accept cash or any other item of value for making a Payment refund. The amount of the refund must include any and all taxes required to be refunded and cannot exceed the amount of the original Payment.
In case of an exchange, partial return or erroneous Payment or Payment amount, you may refund the total amount of the original Payment or a partial amount corresponding to the return or erroneous Payment amount via the App, Website, or Reader. Refunds processed through your Account are authorised up to thirty days from the day you initiated the Payment. We will collect from you the original Payment amount plus the Fees and credit the refunded Payment amount back to the Cardholder.
If we determine that you are processing an excessive amount of refunds, we may disable your refund option and/or take additional action with respect to your Account.
18. Errors and Unauthorised Payments
If you believe that we may have failed to perform or incorrectly performed a Payment or processed an unauthorised Payment, you must notify us without undue delay and in any event no later than thirteen months from the date of the Payment.
In the event you advise us that we have failed to perform or incorrectly performed a Payment, we will make efforts to investigate and we will use reasonable endeavours to rectify any identified errors. If the error results in your receipt of less than the amount to which you were entitled, we will credit your Account for the difference. If the error results in your receipt of more than the amount to which you were entitled, we will debit the extra funds from your Account.
In the event you advise us of an unauthorised Payment, we will immediately, and in any event not later than the end of the Business Day immediately following the date of notification of the unauthorised Payment, refund the payment amount including all Fees deducted from it. This will not apply if we have reasonable grounds for suspecting fraud relating to the purportedly unauthorised payment.
19. PCI Compliance
You are obligated to comply with the applicable provisions of the Payment Card Industry Data Security Standard (PCI-DSS) during the duration of these Payment Terms. In particular, you must comply with the PCI-DSS with regards to the storage, processing and transmission of payment card data. Information about the PCI-DSS is available on the website of the PCI Council.
20. Termination and Revision of Payment Terms
These Payment Terms come into force upon acceptance of the General Terms and verification of your identity. They will be valid for an indefinite period and will continue to apply until terminated by you or us.
We have the right to amend these Payment Terms at any time and to change, delete, discontinue or impose conditions on any aspect of the Payment Services. The proposed change will come into effect no sooner than two months after the date of the change notice. You understand that, after such notice is provided, you will be deemed to have accepted the changes to the Payment Terms unless you terminate your use of the Payment Services and the Payment Terms before the changes come into effect. If you reject any changes, you have the right to terminate the Payment Terms free of charge and with effect at any time until the date the changes would have applied.
We reserve the right to terminate the Payment Terms either on two months’ notice or, subject to applicable law, immediately if: (a) you breach any condition of these Payment Terms or any other condition applicable to specific Payment Services covered by separate terms and conditions, including, without limitation, the Network Rules; (b) we have reason to believe that you are in violation of any law or regulation that is applicable to your use of the Payment Services; (c) we have reason to believe that you are in any way involved in any fraudulent activity, money laundering, terrorism financing or other criminal activity; (d) you pose an unacceptable credit or fraud risk to us; or (e) we have reason to believe that your Account has been compromised or otherwise poses a security risk.
Following the termination of these Payment Terms and/or your Account, you will immediately pay us all amounts owed by you under these Payment Terms proportionally up to the termination of the Payment Terms and we will equally pay you all amounts owed by us under these Payment Terms. We are also entitled to withhold the Reserve until any potential amounts due are finally settled, including any potential Chargebacks, but in any case not exceeding thirteen months after the effective date of the termination.
21. Complaints Resolution
Any complaints about the Payment Services should be addressed to us in the first instance by contacting SumUp’s Customer Support at [email protected] or via the online chat facility available on our website. All complaints will be subject to our complaints procedure.
In most cases we will provide a full response by email to your complaint within fifteen Business Days after the date we receive your complaint. In exceptional circumstances, where we are unable to respond in full to your complaint, we will inform you of this giving our reasons for the delay and the timeframe within which you will receive a full reply, which in any event will be within thirty-five Business Days of the date we received your complaint.
If we fail to resolve your complaint to your satisfaction you may refer your complaint to the Financial Services and Pensions Ombudsman of Ireland, Lincoln House, Lincoln Place, Dublin 2, D02 VH29 (phone (01) 567 7000). Details of the service offered by the Financial Services and Pensions Ombudsman are available on that organisation’s website.
These Payment Terms are governed by the laws of Ireland. Any claims arising out of or relating to the Payment Terms or the provision of the Payment Services that cannot be resolved through our Customer Support will be settled through the Financial Services and Pensions Ombudsman. In the event that you are not eligible or do not elect to make a complaint to the Financial Services and Pensions Ombudsman, it is agreed that the courts of Ireland will have exclusive jurisdiction to hear any claims arising out of or relating to these Payment Terms.