This User Agreement constitutes a legal agreement (“Agreement”) between you, the Organization (which in this document also includes “you” or “your”), of which the details are included on the registration page under ‘business information’, and Mollie B.V. (which in this document also includes “Mollie”, “we”, “us” or “our”). In this Agreement you and we are referred to jointly as Parties.
This Agreement consists of eight (8) sections, namely A through H. The main subjects in each section are:
- Scope of the Agreement and position of Mollie;
- Registration with Mollie;
- Services provided by Mollie;
- Your obligations;
- Payments and balances;
- Security and confidentiality;
- Privacy; and
- Final stipulations.
In this Agreement, the following terms mean:
|Account||The account held with Mollie in the name of the Organization for which the Organization or for which Mollie, among other things, enables one or more Payment Methods, records Transactions, and updates balances.|
|Agreement||This User Agreement, which constitutes a legal agreement between you and Mollie;|
|Balance||The funds SMP has received on behalf of the Organization, after deduction of the expenses of Mollie and any other amounts to be charged by Mollie, or funds to be kept by Mollie to cover the risk of possible Re-claim(s).|
|Customer(s)||Your customers who wish to pay for products and/or services provided by you through the Payment Module;|
|Dashboard||A web page made available to the Organization by Mollie via an access code, by which the Organization can view data recorded by Mollie on historical Transactions, and where settings relating to the services provided by Mollie to the Organization can be changed.|
|Error Message(s)||An error message that results in you not being able to use the Payment Module in a way as intended in this Agreement;|
|Financial Institution(s)||One or more banks or credit institutions the Payment Module is connected to and that process Transaction(s) for which an order has been given via the Payment Module.|
|Intermediary/Interme diaries||Every possible intermediary between Mollie and the Financial Institutions, including proprietors of payment products and brands (such as Currence, Visa, MasterCard and American Express) as well as the networks they use for the transmission and processing of transactions, judicial or government authorities;|
|Mark(s)||Logos, trademarks, trade names, slogans or other indications of ownership;|
|Mollie||Mollie B.V., with offices at Keizersgracht 126, 1015 CW Amsterdam. Mollie B.V. has a license for the provision of payment services in conformity with the Financial Supervision Act (Wft), and is as such under the supervision of De Nederlandsche Bank|
|Organization||The organization that aims to use the Payment Module of Mollie for purposes including, but not limited to, the sale of products and/or services to Customers;|
|Outage||An unannounced interruption or unintentional modification in the operation of the Payment Module, which results in the Payment Module not delivering the functionality agreed upon with the Organization.|
|Parties||The Organization as well as Mollie;|
|Party||The Organization or Mollie;|
|Payment Information||All personal financial, card or transaction information corresponding to a Transaction processed through the Payment Module.All personal financial, card or transaction information corresponding to a Transaction processed through the Payment Module.|
|Payment Method||The way a Customer wishes to compensate the Organization for the goods or services delivered or to be delivered. This payment method must be offered by Mollie (to the specific organization), by the organization to its Customer, and resulting transactions must be processed by the Payment Module.|
|Payment Module||Software developed by Mollie by which:Transactions can be presented to Financial Institutions for processing, possibly via one or more Intermediaries;Information on the status of the processing of payments can be displayed and/or sent by to the Organization by e-mail;The Organization can view data relating to Transactions on the Dashboard by entering an access code;|
|Payment Services||The services provided by Mollie, which handles payment orders, given through the website of the Organization or any other way, from Customers for products and services of the Organization, by using the Payment Module.|
|Personal Data||Any information relating to an identified or identifiable natural person;|
|Refund||Undoing a transaction, or a request to that effect, made by a Financial Institution or a Customer of a Financial Institution. Depending on the Payment Method used, such a refund often has its own name, such as Reversal (in case of collection) or Chargeback (in case of credit cards).|
|Security Measure||Any procedure or measure that is prepared by Mollie or is proposed for the purpose of reducing the risk of Fraud in the use of the Payment Module by the Organization. Mollie or the Organization can implement such security measures by way of policy, processes and/or systems.|
|SMP||The Stichting Mollie Payments (Mollie Payments Foundation), with offices at Keizersgracht 126, 1015 CW Amsterdam. SMP receives and manages the funds received on behalf of the organization. SMP as a clients’ funds entity is affiliated with Mollie B.V., and is therefore involved by De Nederlandsche Bank in its supervision.|
|Solution||A remedy or alternative manner of operation for an Error Message after Mollie has received and confirmed an Error Message, in such a way that the Payment Module delivers the functionality agreed upon with the Organization.|
|Transaction(s)||Orders given via the Website of the Organization by one or more Customers for payment by the Customer(s) for products and services of the Organization, which order is presented for processing to one or more Financial Institutions by using the Payment Module.|
|Updates||Software that corrects errors in the Payment Module|
|Upgrades||Software that is an addition to the functionality and/or the security of the Payment Module;|
|Website||One or more websites or other services maintained by the Organization, such as apps for cell phones.|
SECTION A: SCOPE OF THE AGREEMENT AND POSITION OF MOLLIE
Article A.1. Scope of the Agreement
This Agreement applies to all (legal) acts between you and Mollie and will remain applicable after termination of the services, regardless of whether you explicitly communicated this termination to us. The applicability of any other conditions (of use) or agreements is explicitly rejected, unless Parties explicitly agreed on this. A derogation from this Agreement will only be valid if Parties have agreed upon it in writing.
Article A.2. Position of Mollie
The services of Mollie enable you to accept payments from your Customers in exchange for the products and/or services delivered by you. Mollie does not accept any liability for the products and/or services that are purchased by using the Payment Module. During provision of the Payment Services, Mollie acts as a technical service provider for the Financial Institution that ultimately provides the Payment Service under this Agreement.
SECTION B: REGISTRATION WITH MOLLIE
Article B.1 Registration Process
The services of Mollie are only available to legal persons and legal constructs (organizations), and explicitly not to persons who want to receive payments in the personal, family or household sphere. You must register with Mollie before you can use our services. You register by generating an Account. Mollie is required to ask you for certain information. Consequently, during the registration process, Mollie will request information including the name of your organization, the trade name (if applicable), address details, email address and telephone number, registration number with the Chamber of Commerce and VAT number. You must also provide Mollie with information on the ultimate beneficial owners of your organization. The persons you register with Mollie must also be competent and authorized to that effect. You confirm that you are a national of the country you indicate on registration, and that you are authorized to develop business activities in that country.
You guarantee that all information you provide to Mollie is complete and truthful, and that you will keep your information registered with us up to date. You must inform Mollie without delay of changes in the corporate name, corporate status, corporate structure, type and scope of the services or any other relevant changes.
Mollie will provide you with a user name (partner ID) and a (temporary) password, which you need to change in some cases on the first time you log in on Mollie. The user name and password provided by Mollie are strictly personal and may not be shared with anyone. You are responsible for damage and/or loss arising from misuse of the user name and password, and you must inform Mollie of the loss, theft and/or misuse thereof.
Article B.2. Website (profiles)
You are required to register all websites (URLs) using the Payment Services with Mollie. You can do so by generating a website profile in your account for each URL. It is not allowed to use the Payment Module on websites other than those registered explicitly and in advance with Mollie. Nor is it allowed to initiate Transactions via a website profile other than the profile belonging to the website on which the Transaction is initiated. Besides the URL you must register the trade name under which you do business via this URL. Mollie can use this information in the way in which Transactions are displayed on Customers’ account statements. Mollie is not responsible for any costs arising from the fact that Clients do not recognize the trade name of a specific Transaction on their account statement.
You guarantee that the URL(s) you register with Mollie do not contain any libelous, defamatory, obscene, pornographic or blasphemous material or expressions. Mollie will terminate the use of the Payment Module for such URLs immediately (after discovery).
Where you mention the Payment Method(s) available to Customers, not limited to the payment page of your website, you must include all Payment Methods offered by you, and you must display the Brand(s) belonging to the Payment Method as prescribed by the specific Payment Method. You must not criticize or deliberately misrepresent any of the Payment Methods or the services linked to them, nor are you allowed to develop activities that damage the interests or Brands of Mollie or the Payment Method(s). In such a case, Mollie may discontinue use of the Payment Module.
Article B.3. Verification and Acceptance
After registration, we verify your identity and we assess the risk that your business activities constitute for Mollie, on the basis of which we decide whether or not to make the Payment Services available to you. For this purpose, Mollie may share your information, including the Personal Data of your legal representative(s) or ultimate beneficial owner(s), with the Financial Institution, which can make its own assessment with respect to use of the Payment Services. We may ask you to make additional information available for these verification activities, including financial statements, invoices, permits or other types of identification or permissions issued by the government. By accepting this Agreement, you give us and the Financial Institution (if this is considered necessary) permission to retrieve information about you and to make this information available to third parties, including, but not limited to, businesses engaged in the registration of creditworthiness and other information providers. You hereby give these third parties permission as well to provide such information about you to us. You are aware that such information also includes name, address, credit history and other data. Mollie may update this information periodically to determine whether you continuously meet our conditions and comply with this Agreement.
You hereby give Mollie permission to share information about you and your application (irrespective of whether the application is approved or rejected) and your Account with Financial Institution(s). This includes information:
- about Transactions, so that Mollie and/or Financial Institutions can comply with obligations arising from statutory requirements or requirements of supervisory authorities;
- for use in relation to the management and maintenance of the Payment Services;
- by which the information about you can be recorded or updated, and where the information helps to improve the Payment Services;
- that Mollie needs for its risk management.
In exceptional cases, we may request your approval to conduct an inspection at your office or inspect your financial and other records, insofar as they may relate to the extent and way in which you comply with this Agreement. Should you not comply with our requests for information within five (5) days, this could lead to suspension or termination of your Account.
If explicitly agreed by Parties, Mollie can use your information to open an account on your behalf at the Financial Institutions or Intermediary/Intermediaries if such an account is necessary for processing Transactions via the Payment Module. In such a case, Mollie will inform you if such an account has been approved or rejected.
SECTION C: SERVICES PROVIDED BY MOLLIE
Article C.1. Payment Module
Mollie will make efforts to keep the Payment Module available to you. Mollie cannot, however, guarantee complete and permanent availability of the Payment Module. Mollie will have the right to switch off the Payment Module for maintenance purposes. This will preferably be done at night. Mollie will have the right as well at any time to modify the Payment Module. Mollie will not be required to maintain, modify or add certain properties or functions specifically for the Organization.
Mollie reserves the right, with immediate effect, to discontinue the provision of its services to you, deny you access to the Payment Module and terminate this Agreement if Mollie suspects that you are acting in conflict with this Agreement. Mollie hereby reserves the right to recover any losses incurred through this from you.
If you use the Payment Module in a way as referred to below, this use will in any case (but not exclusively) qualify as punishable, unlawful, and/or harmful in the following circumstances:
- Purchase and/or sale of goods and/or services of which the purchase and/or sale in the country of origin and/or the country in which the goods and/or services are offered is in conflict with any applicable statutory provision or public morals;
- The sale of products and/or services by the Organization without being willing or able to deliver them to one or more Customers within a reasonable period;
- Use of Personal Data in conflict with the General Data Protection Regulation, or insufficiently informing Customers in a way as referred to in the General Data Protection Regulation;
- Hacking, phishing, unauthorized penetration in the system and/or network structure of Mollie, Financial Institutions, Intermediaries, Suppliers and/or third parties;
- Collecting payments without a legally valid contract between you and the Customer;
- Deliberately misleading Customers, Mollie, Financial Institutions, Intermediaries, Suppliers and/or third parties, and
- Committing Fraud or aiding and abetting and/or allowing fraudulent activities.
Article C.2. Payment Methods
The Payment Module enables your Customers to use different Payment Methods. Each Payment Method has its own characteristics, risks and conditions, including cost structure, payment term, the manner in which payment is made, and the possibilities offered to Customers to dispute the payments or claim refunds. We publish these conditions clearly on our public website. When you enable a Payment Method via the Dashboard, we assume that you understand and accept the conditions of that Payment Method. Mollie may add new Payment Methods in the future, which must in general be activated before they can be used in the Payment Module. Mollie reserves the right to delete Payment Methods from the Payment Module and may deny the Organization use of a specific Payment Method.
Article C.3. Foreign Currency
Mollie offers you the possibility to receive payments from your Customers in different (foreign) currencies. When you use this option, Mollie converts the payments for you into an amount in euros. The amount to be received by you is calculated by Mollie per individual payment on the basis of the buying rate (combination of, among other things, the exchange rate of the currency at the time of the payment and the costs as charged by Mollie’s supplier) and a mark-up. The mark-up is usually set by Mollie at two (2) percent of the exchange rate charged to Mollie, unless otherwise agreed upon by Parties.
Refunds to your customer, regardless of whether the refund is initiated by you or your customer, will be converted by Mollie into the (foreign) currency that your customer used during the payment to you. Your customer will always receive the full amount of the payment. The amount you will be charged for the refund will be calculated by Mollie on the basis of the buying rate (combination of, among other things, the exchange rate of the currency at the time of the reimbursement and the costs as charged by Mollie’s supplier) and a mark-up. The mark-up is usually set by Mollie at two (2) percent of the exchange rate charged to Mollie, unless otherwise agreed upon by Parties.
SECTION D: YOUR OBLIGATIONS
Article D.1. Prohibited Activities
You must only accept payments and process them via Mollie’s Payment Module for the lawful sale of legal goods and services. There are certain categories of Organizations and activities for which the Payment Services cannot be used. Most of these categories are imposed by the Financial Institutions and intermediaries which are used by Mollie to process Transactions. Mollie keeps a list of prohibited activities. Activities for which Mollie cannot provide its services include, but are not limited to, the following categories of products or services that (can) constitute an unacceptable risk for Mollie’s reputation: erotic content or services, high-risk financial products or services, certain medicines, illegal or stolen products/services, illegal games of chance, narcotics and certain food supplements. Mollie has made the full list of prohibited activities, products and services available on its public website. Mollie can change this list at all times, and remove or add activities.
By registering with Mollie, you confirm that you will not use our services for activities other than those approved during registration or explicitly approved by Mollie afterwards. If Mollie thinks or suspects that, in spite of this, you are accepting payments for prohibited activities as referred to in this Agreement, you must end these prohibited activities immediately at Mollie’s request. If you have not ended the prohibited activities within the timeframe set by Mollie, Mollie reserves the right to terminate the Agreement with immediate effect. In case of doubt, you should contact Mollie Support for further information.
Article D.2. Compliance with Laws and Regulations
You warrant and guarantee that your activities, both online and offline, comply with the relevant laws and regulations and this Agreement. You must ensure the correct use of the Payment Module and the manner in which the Payment Module is applied. You must inform your Customers how they can use the Payment Module in a correct and safe manner. You guarantee as well that you will not perform or omit any acts – and see to it that your Customers do not perform or omit any acts – regarding which you know or reasonably ought to know that such acts or omissions will result in use of the Payment Module that is punishable and/or unlawful, or might possibly cause damage.
Article D.3. Provision of Information
You are responsible for the clear and orderly inclusion of the following information on your site:
- your contact information (or that of the customer service), consisting of at least the address, telephone number and e-mail address;
- Information on the prices of your products and/or services;
- delivery information, especially timeliness and charges;
- payment terms;
- where relevant, information on subscriptions, the term of a subscription and the way in which it can be canceled.
You must also be clear and proactive in communicating any delay in delivery or the cancellation of an order. If Mollie receives complaints about you, and such complaints necessitate an investigation or other activities to be carried out by Mollie, such to be determined by Mollie, Mollie will have the right to charge you for the costs to be determined for this investigation.
SECTION E: PAYMENTS AND FUNDS
Article E.1. Safeguarding Customers’ Funds
Mollie is obligated to safeguard the funds received on your behalf. For this purpose, Mollie uses a separate entity, Stichting Mollie Payments (SMP). Parties acknowledge and agree to the fact that SMP receives funds on behalf of Parties, and saves them in the manner as instructed by Mollie. SMP is not required to verify the correctness of these instructions from Mollie. Consequently, each payment made by SMP is made on the instructions of Mollie, and each incorrect payment is therefore the consequence of incorrect instructions to that effect given by Mollie. Each request for a payment to which you are or think you are entitled will therefore be a request to Mollie, and you hereby waive your right to demand the amount from SMP or to take legal action to demand such an amount from SMP.
Article E.2. Rates
Mollie charges a rate per successful Transaction. The amounts of the rates Mollie charges are displayed in your Dashboard. Where this is not the case, the basic rate displayed on the public website of Mollie is applicable.
Mollie is entitled to adjust the rates unilaterally. If this concerns an increase in the rate, we will inform you at least one (1) month before this new rate takes effect, by e-mail or via the Mollie Dashboard. If you inform us within one (1) month after receiving this information from Mollie, in writing or by e-mail, of the fact that you do not agree to this increase, you will have the right to terminate this Agreement as of the date on which the new rate takes effect. Without notification on your part and/or failure to terminate the Agreement, the rate increase will take effect on the date as initially set by Mollie.
All rates listed in this Agreement or on Mollie’s site are exclusive of VAT and other government charges, unless explicitly stated otherwise.
Article E.3. Transactions
Mollie only processes Transactions that are authorized by the relevant Intermediary/Intermediaries and/or the Financial Institution involved in the specific Payment Method and/or Customer. You yourself are responsible for checking the correctness of the Transaction Data presented to the Payment Module in connection with the purchase of products and/or services.
On each Transaction, there will only be a contractual relationship between you and the Customer(s) on the one hand, and a Financial Institution and Customer on the other. Mollie and SMP explicitly remain outside these contractual relationship(s), which also means that no obligations exist or arise for SMP and/or Mollie as a result of those contractual relationships.
Article E.4. Refunds
Mollie gives no guarantees and accepts no liability for Transactions that are automated and completed, but which at a later stage, in whatever form, are reversed by the Customer or the Financial Institution. Such Refunds may be the (non-limitative) result of:
- a dispute with the Customer;
- unauthorized or incorrectly authorized Transactions;
- Transactions that do not comply with the rules of the relevant Transaction-processing network of the card-issuing agency involved or this Agreement, or which are allegedly unlawful or suspicious, or
- other reasons used by the Card Network, the Financial Institution or the Cardholders card-issuing institution.
You are fully responsible and liable for Refunds, irrespective of the reason for, timing of or termination of the Refund. In the event of a Refund, you will be immediately liable to Mollie for the entire amount of the Refund, together with any costs and penalties, including the penalties that could be imposed on Mollie by the Intermediary/Intermediaries and Financial Institution. You agree that Mollie may, and hereby authorize Mollie to, set off the total claim based on the Refunds against your claim against Mollie, or debit the amount from the bank account known to Mollie. If Mollie is unable to collect this claim itself, you must pay Mollie the full amount immediately on request.
In addition to the above, if there is a suspicion that a certain Transaction can result in a Refund, Mollie will be entitled to retain the amount of the possible Refund, or to withhold it from the balances you are yet to receive, until the time that:
- a Refund is established as a result of a complaint from a Customer, in which case the Financial Institution will retain the funds;
- you have successfully disputed a Refund;
- under the relevant laws or regulations, the period has expired during which a Customer can dispute the Transaction in question; or
- we have established that a Refund will not take place anymore.
You have the possibility to dispute the Refund imposed on you. We can assist you in doing so by means of notifications and software. We, however, do not accept any liability for our role or our assistance in disputing the Refund. You declare that you will provide us in a timely fashion, at your own expense, with the information needed to investigate and help resolve the Refund. You give us permission to share relevant information with the card holder, the card-issuing institution and the Financial Institution to help resolve a dispute. You are aware that not providing us in a timely fashion with complete and accurate information can result in a final, irreversible Refund. If the card-issuing institution or the relevant Intermediary/Intermediaries does/do not resolve a dispute to your advantage, we can claim the amount of the Refund and related costs from you, as specified in this Agreement. We reserve the right to charge costs for our investigation and the mediator’s role in relation to Refunds.
Mollie, the Financial Institutions or the Intermediary/Intermediaries may decide that you are responsible for an excessive number of Refunds. An excessive number of Refunds can result in additional costs and penalties. They can also lead to restrictions in the way in which you can use our services, including, but not limited to:
- changes in the conditions for and the amount of the guarantee to be retained by Mollie;
- increase of the costs charged;
- delay in outpayments, or
- possible suspension or termination of the Payment Services provided by Mollie.
In the event of an excessive number of Refunds, the Financial Institutions and/or Intermediaries can also implement additional checks and restrictions in the processing of your Transactions.
Article E.5. Funds
All payments made by your Customers via one or more Transactions, after deduction of the costs withheld by the Financial Institution, which are not included in Mollie’s rates, are received by SMP. SMP is a separate entity for the sole purpose of safeguarding funds received on your behalf. SMP keeps amounts which you owe to Mollie for Mollie, and the remainder for you. Where necessary, you hereby authorize Mollie to receive all payments relating to your Transactions in the account(s) of SMP.
Article E.6. Settlements
The payment of a Balance to you will be made from a threshold value, usually €5 (five euros), unless Parties have agreed otherwise. In the event that Mollie discovers a difference in the payment made to you and the outstanding Balance, Mollie reserves the right to settle the difference or reclaim the incorrect payment until the situation has been corrected. You can set the settlement frequency in the Dashboard.
Mollie is entitled to change the settlement frequency or to suspend Payment Services and settlements (temporarily), or to cancel Transactions, for instance in case of complaints, attachments or investigation into possible Fraud (see also Article F.1). Your obligations relating to the use of the Payment Module will remain fully in force during this period.
SECTION F: SECURITY AND CONFIDENTIALITY
Article F.1. Fraud
Mollie will have the right to terminate this Agreement with immediate effect, or suspend the Provision of Services or settlements temporarily in the event of (a suspicion of) Fraud, indications of Fraud and/or situations in which more detailed investigation needs to be done. You will be notified of this by e-mail or telephone, unless such notification is not considered desirable in the context of the investigation; Mollie will not be liable for losses incurred as a result of this investigation.
Article F.2. Security and Fraud Measures
Mollie can provide you with security procedures and measures or make suggestions with a view to reducing Fraud. These procedures and measures can include processes or systems developed by Mollie or by third parties, including, but not limited to, the introduction of two-factor authentication (2FA) for logging in to the Dashboard. You agree to assess these procedures and measures and choose which of them are appropriate for your activities in order to protect you against unauthorized Transactions, and, if necessary, to use additional procedures and systems not provided by Mollie. Switching off or refusal to use the security measures and/or procedures increases the chance of unauthorized Transactions.
If applicable to you, you are responsible for use of information on lost or stolen cards by which goods and/or services can be purchased on your Website. Mollie is not responsible, nor does Mollie indemnify you for losses or damage caused by the use of lost or stolen cards for the Payment Services. This also relates to losses arising from the use of lost or stolen credit cards to make purchases via your Website, or caused by user names and passwords getting into the wrong hands.
Article F.3. Confidentiality
Parties will, barring prior written consent from the other Party, treat all data and information about the other Party that is secret or of confidential nature as strictly confidential, secure it in an appropriate manner and not disclose them to third parties in any way whatsoever. Parties will only use the above-mentioned information in the context of the Agreement.
Secret or confidential information is, barring written consent or what is stipulated by the Agreement, in any case, but not limited to: all information that is explicitly indicated as secret or confidential by the other Party, all information and data Parties come to know in the context of the Agreement, technical, financial and business information, drawings, formats, concepts, source codes, pilots and all other information which Parties know, or reasonably ought to know, is secret or of a confidential nature and should not be disclosed to third parties, for example because its disclosure could result in a reasonable chance that the other Party could incur a loss or other disadvantage.
Nor may Parties use or disclose confidential information and/or data provided to them or which they have come to know in the context of an Agreement in the event of, whether premature or not, full or partial termination of an Agreement, or after the termination of an Agreement.
Parties are entitled to disclose or hand over confidential information of the other Party to the competent authorities, in cases in which they are required to do so under applicable statutory provisions, or in which Mollie is required to deliver it to an Intermediary on the basis of agreements made with such an Intermediary.
Mollie is entitled to provide information (including confidential information) to an intermediary and/or a Financial Institution in the event of (a suspicion of) fraudulent use of the Payment Module and/or at the request of an Intermediary and/or Financial Institution.
SECTION G: PRIVACY
Article G.1. Responsibilities of Parties in relation to Data Protection
Personal Data are processed in the context of the execution of the Agreement. With respect to the processing of the Personal Data, both Parties are controllers within the meaning of the General Data Protection Regulation, insofar as they independently determine the purposes and means for the processing. Parties must take appropriate technical and organizational measures for the protection of Personal Data. If asked, Parties will inform each other of the security measures taken.
Mollie is responsible for the protection of Payment Data in its possession, and will take all administrative, technical and physical measures reasonable from a commercial point of view to protect your Personal and Payment Data against unauthorized access or unintended loss or alteration. Notwithstanding the above, Mollie cannot guarantee that unauthorized third parties will never be able to breach or circumvent the security measures taken by Mollie and use the Personal and/or Payment Data for malafide purposes. You accept this risk if you provide us with your own and your Customers’ Personal Data.
Mollie will process Personal Data in the context of its services, in connection with statutory obligations, and to safeguard the security and integrity of, inter alia, its organization and the financial sector. In processing Transactions and payments, Mollie works together with different Financial Institutions and Mollie shares Personal Data with Financial Institutions.
Mollie will only make Personal Data available to third parties in the contexts of its services. In addition, in case of complaints or questions from your Customers, Mollie can share your contact information with your Customers.
Article G.2. Protection of Users’ Data
In your contract with your Customer, or in the general terms and conditions applicable to the relationship with your Customer, you must state that you use Mollie for the processing of Transactions, and that Personal Data of your Customer are shared with Mollie in this context. If applicable, you must ensure that your Customer, directly or indirectly, gives Mollie all required (explicit) consents as referred to in the applicable privacy legislation.
You guarantee that you comply with all requirements set by the GDPR for the processing of Personal Data as presented to the Payment Module by you as the Organization or by your Customers. Should you fail to comply with this obligation, or in the event that an Intermediary or a Financial Institution, court of government institution so requests or requires of Mollie, Mollie will be entitled to suspend its obligations with respect to you.
You are fully responsible for the security of the data on your Website(s), your app, or otherwise in your possession. You agree to comply with all applicable national and international laws and regulations pertaining to the collection, secure storage and dissemination of Payment Data or Personal Data on your site, your app or otherwise.
If applicable to you, you must comply with the rules as set out in the relevant parts of the Payment Card Industry Data Security Standards (PCI-DSS) and the Payment Application Data Security Standards (PA-DSS). If, in spite of this, an ‘Account Data Compromise’ (ADC) occurs nevertheless, and it occurs through your actions, you will be liable for this. In the event that Mollie and/or an Intermediary conducts an investigation as a result of an ADC, and costs are involved in this investigation, you hereby accept these costs in advance, only, however, insofar as Mollie has shared the amount, or an indication, of these costs beforehand with you. You can find information on PCI-DSS on the website of the PCI Council.
If Mollie considers it necessary to verify whether you meet the aforementioned PCI standards, you must immediately provide the documents from which this is clearly and unambiguously evident. You declare that you will only use suppliers that meet the PCI standards when it comes to the storage and transmission of Payment Data, particularly concerning, but not limited to, the card number (referred to as the Primary Account Number or PAN), the expiration dates of cards and the CVV2 code. You are advised not to store any such data at all, and you are aware that it is strictly prohibited at all times to store the CVV2 code in any form.
In the event of a (suspected) data breach at your organization, in which Payment Data may be involved, you must notify Mollie of this data breach without delay, and under no circumstances later than two days (48 hours) after discovery of the data breach. Mollie or another Financial Institution may request additional information on this data breach, in which case you must provide such information without delay.
Article G.3. Your Privacy Rights
You have the right, upon request, to view, alter, limit or delete your Personal Data which Mollie processes, unless Mollie is under a statutory obligation not to comply with your request. Furthermore, you have a right to data portability. Such a request can be made up to 30 (thirty) days after the termination of your Agreement with Mollie. Mollie will make sure that your data are provided to you in a structured, frequently used and machine readable format.
Article G.4. Privacy rights of Data Subjects
Parties must thoroughly inform data subjects (usually consumers) whose Personal Data they process of their privacy rights, and must ensure that these rights can reasonably be exercised. Where reasonably necessary, Parties will assist each other in complying with these obligations, as set out in the applicable privacy legislation.
If a data subject wishes to exercise his or her rights with Mollie or you, and Mollie or the Organization is of the opinion that the data subject should exercise these rights with the other Party, Mollie or the Organization will refer the data subject to the other Party.
SECTION H: FINAL STIPULATIONS
Article H.1. Third-Party Clause
Parties acknowledge that this Agreement also entails a third-party clause (as referred to in Book 6, Section 253 of the Dutch Civil Code) for and for the purposes of SMP. Rights of Parties under this Agreement will not require the approval of any third party.
Article H.2. Indemnification
You indemnify Mollie and SMP for claims (as well as all costs incurred by Mollie in relation to such a claim) of Customers, Financial Institutions, Intermediaries and/or third parties arising from:
- abuse of the Payment Module by the Organization, as defined in Article C.1;
- defects in the Website and/or defects in the products and/or services provided by the Organization;
- non-compliance by the Organization with obligations arising from applicable privacy legislation, including, but not limited to, the General Data Protection Act;
- non-compliance and/or unlawful acts in the broadest sense by you with respect to Customers and/or third parties.
Article H.3. Liability
Mollie must be held liable in writing, after Mollie has been given a reasonable period to offer an appropriate solution. If Mollie is liable in connection with a breach of its obligations or for losses otherwise incurred by you, Mollie will be liable only for direct loss and not for indirect loss. Indirect loss means, but is not limited to, loss of goodwill, lost profits, missed (investment) opportunities, and missed savings.
If and insofar as Mollie is liable to you, such liability will be limited in all cases to an amount equal to the amount that you paid Mollie under this Agreement in the form of rates charged, to which the loss relates. In the event of an Agreement with a term of more than six (6) months, the liability of Mollie will be limited to a maximum of the amounts received by Mollie under the Agreement in the last six (6) months, exclusive of VAT. Notwithstanding the preceding paragraphs, the liability of Mollie will in all cases be limited to EUR 10,000 (ten thousand euros) per harmful incident. A series of incidents counts as one (1) incident. Any claim against Mollie will lapse by the elapse of a period of three (3) months after the harmful incident became known to you, except in case of written acknowledgment of the claim by Mollie.
Article H.4. Force Majeure
Parties will not be liable in the event of force majeure. “Force majeure” means: circumstances or events beyond the control of Parties – regardless of whether or not these circumstances were foreseen or foreseeable at the time any Agreement is signed – as a result of which Parties cannot reasonably be required to comply with their obligations under the Agreement. These circumstances include in any case, but are not limited to: war, fire, natural disasters, labor disputes, power outages, strikes, epidemics, government rules and/or comparable rules, embargoes, non-compliance (due to bankruptcy or other reasons) by suppliers, Financial Institutions, subcontractors or any other third party or parties engaged by Parties in performing the Agreement, attachments, unavailability of the systems of Financial Institutions and/or telecommunication services and (attempted) unauthorized penetration in and/or unauthorized use of the systems, networks and databases belonging to Mollie, the Organization, Intermediaries and/or Financial Institutions, and/or on which Mollie, the Organization, Intermediaries and/or Financial Institutions depend, as well as all incompetent work performed on them by parties other than Mollie or third parties it has engaged.
Article H.5. Intellectual Property
All intellectual property rights, including, but not limited to, all existing and future rights and claims on, or in relation to, the use of copyrights and neighboring rights, chip rights, trade name rights, trademark rights, domain names, patent rights, design rights and database rights in relation to the platform or related items, will be vested exclusively in Mollie.
You have a right of use regarding a Payment Service for the term of the Agreement, to the extent it is necessary for performance of the Agreement. None of the stipulations in this Agreement will entitle you to any right with respect to the platform and/or the Payment Module or related items.
You will never have the right to make any adaptation or modification to the platform and/or the Payment Module, nor the right to make copies of them, to decompile the platform and/or the Payment Module and/or to modify or attempt to modify them otherwise
Article H.6. Complaints, Outages and Support
When you discover a problem that renders the Payment Module unusable in the way specified in the Agreement, you must report this to Mollie as soon as possible. Mollie will process the report in its registration system and then make maximum efforts to arrive at a remedy for an Outage within a reasonable time, so that the Payment Module will once again provide the agreed functionality. Mollie will remain available during office hours to provide you with a reasonable level of technical support with your use of the Payment Module.
You yourself are solely responsible for supporting your Customers. You are responsible for replying to e-mails from Customers within a reasonable time, when the questions in the e-mails relate to the use of the Payment Module.
You must notify Mollie as soon as possible after discovering an Outage. In the event of an Outage, the following protocol must be followed:
- you must notify Mollie of the Outage as soon as possible;
- Mollie will register this and provide you with a ticket number as a reference to the Outage;
- Mollie will start an investigation into the Outage and make efforts to arrive at a Solution within a reasonable time;
- Mollie will inform you of the Solution put in place.
Article H.7. Statements regarding Financial Institutions
The following Financial Institutions act as processors:
- For Transactions processed under the brands MasterCard and Visa: Valitor hf, with offices at Laugavegur 77 – 101 Reykjavík, Sími 525-2000, Iceland , telephone number +354 525 2000;
- Transactions under the American Express brand that are processed by American Express Travel Related Services Company INC and/or American Express Payment Services Limited, Hoogoorddreef 15, 1101 BA Amsterdam-Zuidoost, telephone: +31 20 504 8504.
Both Financial Institutions declare that:
- they are the party/parties concerned that possess licenses to process the aforementioned Transactions on your behalf;
- in that capacity, they form part of this Agreement;
- they are responsible for informing you of the rules with which you must comply on behalf of the aforementioned brands, but that this information can be provided to you via Mollie;
- they are responsible for the ultimate payment of funds;
- they are responsible for all funds retained temporarily as a guarantee for possible Claims for Refund (see Article E.4).
Article H.8. Term, end and transfer of this Agreement
This Agreement is effective as of the date this Agreement is accepted by you. The Agreement is effective for an indefinite period of time. Each Party has the right to terminate the Agreement, taking into account a notice period of at least one (1) calendar month. Each Party may terminate this Agreement with immediate effect (in writing) in case the other Party:
- is declared bankrupt, has been granted a moratorium on payment, has discontinued its business activities or has been liquidated;
- has not complied with its obligations under this Agreement for a period of 30 (thirty) days after being sent a written notice of default.
Article H.9. Miscellaneous other stipulations
This Agreement supersedes all previous agreements between Parties, regardless of whether these agreements were made orally or set out in writing. Mollie reserves the right to amend this Agreement. The notification hereof can be made in writing, by e-mail or via the Mollie Dashboard. The amendments will enter into effect one (1) month after notification, unless stipulated otherwise. If you do not wish to agree to these amendments, you will be entitled to terminate the Agreement, with a notice period of one (1) month.
This Agreement is governed exclusively by Dutch law and Parties must bring disputes before the court in Amsterdam. If the court declares articles from this Agreement invalid, the other articles will remain fully in force.
Mollie has the right to outsource some of its services to third parties.
Transfer by you of this Agreement or the rights and obligations contained in it is only possible with prior written permission from Mollie, which permission can be given under certain conditions, to be determined at such time. You hereby give Mollie permission in advance, as referred to in Book 6, Section 159 of the Dutch Civil Code (BW), to transfer an Agreement at any time desired by Mollie to a third party to be indicated by Mollie. If and insofar as necessary or desirable, you undertake as well to confirm the aforementioned permission in writing.