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1. AGREEMENT
1.1 AGREEMENT WITH EPAY
  The present terms and conditions apply to the agreement of the customerís use of the ePay payment system. ePay payment system is owned and managed by ePay A/S, cvr. 28855060 (hereafter called ePay).

Through the agreement the customer is given the opportunity to receive online payments via his/her homepage.

The customer has the possibility to choose which means of payment the customer wants to receive on his/her homepage and which of ePayís additional services the customer wants, when passing his/her order on ePayís homepage. The chosen products are stated on the order page but also on the order confirmation that ePay electronically sends to the customer. It also appears from the order confirmation, which establishment fee and which monthly prices the customer should pay for each service at the time of ordering.
1.2 PAYMENT AGREEMENT
  The customer must enter into a separate payment agreement with the provider of the means of payment that he/she wishes to use. ePay cannot commission the customerís solution before he/she has entered into such agreements.

If it is the customerís wish, ePay can give guidance about application of payment agreement to the provider, but does unfortunately not have the possibility of submitting such an application on the customerís behalf. Obtaining of a payment agreement is always entirely the customerís responsibility, and ePay is not responsible for the customerís obtaining of such an agreement. The customer is always responsible for payment of any cost related to the agreement with the provider.

The agreement between the customer and ePay enters into force, whether the customer obtains the payment agreement or not.
1.3 ADDITIONAL SERVICES
  If the customer wishes to obtain additional ePay services, he/she is requested to contact ePay. Prices of additional services can be found on ePayís homepage. Please note that certain additional services require entering into a new payment agreement.

For such additional services, which are not agreed to at the same time as the present agreement, there will be a separate agreement.
2. THE SERVICE
2.1 RECEPTION OF PAYMENTS ON THE CUSTOMERíS HOMEPAGE
  Through the present agreement and by using ePayís payment system the customer obtains the possibility of letting his/her own customers pay online on his/her homepage.

ePay makes a technical gateway available to the customer concerning the means of payment, which the customer has chosen in connection with his/her order, and which appear from the order confirmation, just as ePay also delivers the additional services chosen by the customer. On ePayís homepage, www.ePay.eu, the customer can, at any time, see which means of payment ePay supports, and which additional services ePay offers.

The payments made by the customerís customers to him/her happen on the basis of the payment agreement that the customer enters into with the provider of the means of payment in question. Thus, ePay is not responsible for this relationship.
2.2 DOMAIN(S)
  The customer alone is entitled to create access to the payment system from domains that are included in his/her agreement.

The customer enters or changes his/her domain him/herself by logging into ePayís homepage.

Unless the customer has entered into another specific agreement with ePay, his/her agreement consists of one single domain. If the customer wishes to have access to the payment system from other domains, he/she is required to contact ePay. For each new domain, more than the first one, ePay will charge an additional monthly fee.
2.3 CODE AND SCRIPTS
  The customer must implement such a code him/herself on his/her home-page, which enables the customer to receive payment on his/her homepage via ePayís payment system. ePay makes thorough technical documentation available to the customer. The customer can find this technical documentation on ePay's homepage under tech.epay.eu.

If the customer wishes ePay to assist in the implementation of the code or the scripts on his/her homepage, such work can be carried out after a specific agreement and according to ePayís current hourly price for such work.
2.4 YOUR TESTING
  After entering into the present agreement the customer is entitled to carry out a test of the system according to the procedure described by ePay in the "Getting started guide" that can be found on ePayís homepage, www.epay.eu.

The customer is obliged to put forward the information that ePay needs in order to test his/her payment form.
2.5 STATISTICS
  The customer has from the moment he/she enters into the agreement access to ePayís statistics. The customer obtains access to his/her statistics by using the login function on ePayís homepage; www.epay.eu, and then login with his/her username and password.

On a daily basis, the applied exchange rates are collected on Danmarks Nationalbankís homepage, but they are only indicative.
3. OPERATIONS
3.1 UPTIME
  At any time, ePay tries to have as high an uptime as possible. However, a specific uptime cannot be guaranteed, among others, due to the nature of the internet. ePayís uptime, measured over a month, is usually about 99,8 %.

In order to ensure a high uptime, ePay is continuously maintaining and updating the used hardware and software. Such maintenance that can lead to downtime in shorter periods is, as far as possible, carried out during periods from midnight to 3 am. ePay will warn the customers about maintenance via service emails in due time before the maintenance is carried out.
3.2 OPERATIONAL SUPPORT
  If the customer has subscribed to a business-membership Ė by contacting ePay Ė he/she can get the telephone number to ePayís operational surveillance, which is answering day and night all year round.

Customers with a business membership are entitled to contact ePayís operational surveillance on the given telephone number should it happen that payments are not carried out. If the customer is contacting the operational surveillance for another reason, the customer is charged DKK 850,00 excl. of VAT.
4. SECURITY
4.1 ENCRYPTION
  All transfers, in the payment system, of the customerís credit card data from the customer to ePay as well as ePayís storage of such data happen in encrypted form. ePay uses in this connection an SSL-certificate issued by GlobalSign. The validity of the SSL-certificate can, at any time, be verified on ePayís homepage; www.ePay.eu.
4.2 BACKUP
  ePay is performing daily backup of all servers and systems. The backup is carried out and stored according to the conditions for VISA/MasterCardís PCI-certification. The PCI compliance requirements can be seen on VISA's homepage, to which there is a link from ePayís homepage.

If the customer loses data because of ePayís conditions, ePay will assist the customer in re-establishing these data on the basis of the last functioning backup. The customer cannot make further claims against ePay regarding loss of data.

If the customer loses data due to conditions that ePay is not responsible for, including the customerís own conditions, ePay will, at a separate cost, assist the customer in re-establishing the data from the last functioning backup to the extent possible. However, the customers are recommended to always make backups of their own data.
4.3 PASSWORDS
  In relation to the establishment of the present agreement the customer is given a username and password, which the customer must use to access the administration of his/her payment solution at ePay.

The customer should always keep his/her username and password a secret. If the customer suspects that a third party has knowledge of his/her password, the customer must immediately inform ePay about it.

ePay can make requirements to the length and complexity of the customerís password, and can at any time discretionarily require that the customer changes his/her password.
4.4 ANTIVIRUS
  All of ePayís servers are equipped with an updated antivirus program.

The customer should ensure his/her computers with updated antivirus programs. If ePay, at several occasions, receives virus or similar from the customer, ePay can interrupt the connection to the customer, and can also require that the customer installs and updates an antivirus program.
4.5 CONTROL OF SECURITY
  ePayís IT-systems are certified and security approved according to the PCI-standard of VISA/MasterCard and undergo a yearly IT-revision, performed by a recognized IT-security firm.

Quarterly, a recognized IT-security firm is performing scanning of ePayís servers and network in order to increase security and avoid unauthorized intrusion.
4.6 MISUSE ETC.
  ePay tries to avoid any misuse of its services, but cannot guarantee that misuse or intrusion in ePayís IT-systems cannot happen.

If the customer suspects a misuse of credit card data or ePayís services, or that intrusion in ePayís IT-systems has happened or will happen, ePay must be informed. Likewise, the customer must immediately inform ePay if he/she has been victim of misuse of credit card data or attempt to or actually intrusion of the IT-systems that the customer uses.

If ePay considers that the customer is misusing the payment system, violating the security regulations and guidelines issued by ePay or provider, or that misuse is happening from a domain belonging to the customer, ePay is without warning entitled to cease the customerís use of the payment system or deny access to the payment system from the domain in question.

ePay disclaims any responsibility, if the customer has not complied with the security regulations and guidelines issued by ePay or provider, with whom the customer has made an agreement. Reference to the relevant security regulations and guidelines are stated in ePayís ĒGetting started guideĒ, which can be found on ePayís homepage. In the guide it is also stated, where the security regulations and guidelines can be found.
4.7 FORWARDING OF CARD DATA
  The customer is not entitled to forward card data to own or third partyís servers, unless the payee, including the customer him/herself, is specifically PCI-certified.

If ePay discovers that the customer carries out such forwarding, ePay will immediately interrupt the customerís use of ePayís services. The customer can only regain access to ePayís services when he/she can demonstrate compliance with all legal requirements and PCI-rules for payees.

ePay is in such cases entitled to inform the relevant authorities and companies, including the providers etc., just as ePay can require that the customer informs specific authorities, companies or card holders.
5. LEGALITY ETC.
  ePay complies with the at any time existing legislation for its firm and its services. ePay also comply with the requirements from the related acquirers, VISA and MasterCard, and ePay also complies with the PCI-standard.

The customer is obliged to comply with the existing legislation, conditions imposed by the provider(s), with whom the customer has made agreement as well as the current conditions for payees in the PCI-standard.

ePay does not assume responsibility for the legality of the customerís use of the payment system or the content of the data sent by the customer in connection with the solution. It is solely the customerís responsibility to comply with legislation towards his/her own customers and third party.

The customer indemnifies ePay for any claim that third party or public authorities might raise against ePay in the case of alleged violations of third party rights or the customerís violation of existing legislation or conditions imposed by provider. In the case of such requirements ePay is without warning entitled to hinder the customerís use of ePayís services.
6. PRICES AND PAYMENT
6.1 PRICE
  The current prices for ePayís services are shown on ePayís homepage. The prevailing price, at the time of the customerĎs order of the services in question, also appears from the order confirmation sent to the customer. All prices are stated excl. of VAT.

ePay is entitled to change its prices with 3 months notice. The customer will be notified of an increase in prices by an email sent to the email address that was informed by the customerís contact person. If ePay has given notice of price increases, the customer is entitled to terminate the present agreement with one month notice to expiration at the same time as the expiration of ePayís 3 months price increase notice. If the customer has not terminated the agreement to the expiration at the same time as the expiration of ePayís 3 months notice, he/she will be bound by the notified price increase.
6.2 INVOICING
  The customer is invoiced prior to a subscription period. Related to the first invoice, which is issued when entering into the agreement, the customer will also be invoiced for the establishing and other agreed services for the subscription period.

The invoice is sent to the customer by email to the email address informed by the customerís contact person. The customer can also find the sent invoices by using his/her administration access to the payment system.

By using the customerís administration access to the system he/she can also choose another invoicing method. Other invoicing methods can be charged with a fee.
6.3 PAYMENT TERMS
  Sent invoices are due for payment 8 days after the invoice date at the latest.

The customer can pay the forwarded invoices on ePayís homepage by Dankort, Visa/Dankort, Visa, Visa Electron or MasterCard. Such payment is charged with the current transaction fee for online payment.

In the case of late payment ePay is entitled to charge interest of 1,5 % per month commenced of the whole due amount from the due date to payment is carried out.

At late payment ePay will forward reminders per email to the email address informed by the customerís contact person, and reminders will also be sent by mail to the invoice address informed by the customer. In connection with the forwarding of reminders the customer will be charged a reminder fee of DKK 100,00 for each reminder.

If the customer still has not paid the due invoices 7 days after the forwarding of the first reminder by email, or ePay has sent its claim against the customer for recovery, ePay is also entitled to deny the customerís use of ePayís services until the customer pays ePayís full amount due, including all recovery costs of ePayís claim, e.g. recovery, interests etc.

If ePay sends its claim against the customer for payment, the customer is obliged to pay ePayís costs hereof.
7. SUPPORT AND COMMUNICATION
7.1 CONTACT TO EPAY
  If the customer has questions about the operation of ePayís payment system, he/she can find answers of a large number of questions on ePayís homepage.

If the customer does not find the answer on the homepage, he/she can contact ePay by email or phone on weekdays between 9 am and 4 pm on the phone number +45 98 13 90 40.

The customer is entitled to free telephone support regarding his/her subscription and payment solution.

If the customer makes a request for support regarding conditions that are not included in his/hers subscription or payment solution, ePay is entitled to charge the customer for such a support at ePayís current hourly price for support. ePay will inform the customer about such payment before the support is carried out.

Please send questions about ePayís bookkeeping by email.

Questions regarding the customerís payments and his/her transfer of money must be directed to the appropriate provider, as ePay does not have access to this information.
7.2 CONTACT TO THE CUSTOMER
  The customer is always obliged to and responsible of informing ePay of a change of address, email address or of other contact information.

The customer must make sure that ePay is always in possession of at least one of the customerís email addresses, which the customer is regularly checking for new emails. The customer is obliged to open emails from ePay in the customerís spam filter if any. The email address will be used by ePay, among others, to send invoices, information about the operation etc.

The customer has, concerning the different subjects that ePay makes requirement about, the possibility of stating different contact persons and email addresses by logging onto ePayís homepage.

The customer accepts that ePay is continuously sending emails regarding changes and news about ePay to the email address given by the customer. If the customer does not want to receive such emails he/she must inform ePay about it in writing or deselect such emails on ePayís homepage.
8. RIGHTS
  ePay has all rights, including copyrights, to the code as well as other material that is made available to the customer in connection with the present agreement.

The customer only obtains a time-limited, non-exclusive user right for the code and other material made available to him/her, and is not entitled to copy the code or other material to a larger extent than necessary, in consideration of the use that the present agreement is providing.

The customerís usage of the code and other material made available to him/her is always conditional on timely payment of any outstanding to ePay.

The customerís violation of these rights is considered a substantial breach of the agreement.
9. RESPONSIBILITY
  The parties are responsible to each other according to the general rules of Danish law.

ePay's liability to pay damages to the customer, regardless of the degree of negligence, including liability for accidental damage, can never exceed an amount equal to the fee for the last 12 months paid by the customer to ePay before the damage occurred, and ePay cannot be held accountable for the customerís indirect losses, including but not limited to; loss of earning, lost profit, lost goodwill or other business-related losses, e.g. losses suffered by third party, loss of data and other consequential damage. The disclaimer also applies to product liability to the extent not precluded by invariable laws.
10. FORCE MAJEURE
  No party can be held accountable for non-compliance of the agreement or damage suffered by the other party as a direct or indirect consequence of the party suffering from force majeure. Force majeure is among others, war, mobilization, natural disasters, strike, lockout, fire, damage by water, trade restrictions, virus or hacker attacks, breakdown or failures of communication systems, blackout, subcontractorsí force majeure as well as other unforeseen circumstances, which the party in question could not prevent by fulfillment of reasonable efforts.
11. THE AGREEMENTíS ENTRY INTO FORCE AND TERMINATION
11.1 THE AGREEMENT AND THE SUBSCRIPTIONíS ENTERING INTO FORCE
  The agreement between ePay and the customer enters into force immediately at the conclusion and runs until subscription period ends.

However, the customerís subscription only enters into force, when ePay receives the customerís payment agreement, see item 1.2, but not later than 60 days after entering into the agreement.

Unless otherwise specifically agreed between the customer and ePay the subscription period is 12 months.

If a customer has specifically agreed to a shorter subscription period than 12 months, and it has been necessary for ePay to remind payment of a sent invoice more than once, it will not be possible to agree to a shorter subscription period than 12 months.
11.2 AUTOMATIC RENEWAL OF SUBSCRIPTION
  Unless the customer has ended the agreement with ePay, see item 11.3, or it has been otherwise terminated, a new subscription period starts when the previous subscription period ends.
11.3 TERMINATION
  The agreement can by each party be terminated in writing with one month notice to the end of the subscription period.

If the customer wishes to terminate the agreement, he/she is recommended to log onto ePay's homepage and select ĒTerminate subscription.Ē under the menu point "Invoice". ePay will confirm the customerís termination by email on the email address given by the customerís contact person. Alternatively, the customer can send a written termination to ePay.
11.4 REPEAL
  If one of the parties is substantially breaching his/her obligations according to the present agreement, and that the breach has not been remedied, at the latest, 14 days after the non-breaching party has sent written claim hereof to the breaching party, the non-breaching party is entitled to repeal the agreement for the future.

A substantial breach is, among others, missing or late payments.
11.5 RIGHT TO REPENT
  As a business professional the customer has not the right to repent regarding the entered agreement.
12. PRIVACY, PERSONAL DATA ETC.
12.1 CONFIDENTIALITY
  The parties are obliged to keep confidential any information brought to their knowledge about the other party or his/her conditions related to the carrying out of the present agreement, including the content of the present agreement.
12.2 PERSONAL DATA
  To the extent that personal data is treated on behalf of the customer regarding the present agreement, ePay and ePayís subcontractors, if any, only act on instructions from the customer. ePay installs the necessary technical and organizational security measures against that information accidentally or illegally is destroyed, lost or degraded and against that it is brought to unauthorized knowledge, is misused or otherwise treated contrary to the privacy policy.

ePay must at the customerís request give the customer sufficient information so that the customer can supervise that such technical and organizational security measures have been installed. The customer bears all costs in this connection, including for ePayís time use.
12.3 COMPETING BUSINESS
  The customer is not entitled to use ePayís services to do business in competition with ePay, unless this is specifically agreed.

Nothing in the agreement hinders that ePay A/S do business in competition with the customer. Thus, ePay A/S are entitled to do any form of business, regardless that it is competing with the customerís business.
13. TRANSFER
  The customer is not entitled to transfer rights and obligations to third party regarding the present agreement without ePayís written consent.

ePay is entitled to entirely or partly transfer its rights and obligations to third party regarding the present agreement.
14. CHANGES
  ePay is at any time entitled to change specifications for the payment system, just as ePay, at any time without notice, can change security rules and guidelines, if, after ePayís estimation, it is necessary or appropriate for security reasons.

Such changes will be notified on ePayís homepage, and ePay will also send a service email informing about the change to the customer. ePay will try to give a time limit before the change enters into force, but cannot guarantee this.

At any time the present terms and conditions can be changed by ePay with 3 months notice. A change of the terms and conditions will be notified on ePayís homepage, and ePay will also send a service email to the customer informing about the change. If ePay has notified changes of the terms, which are to the customerís disadvantage, the customer is entitled to terminate the present agreement with one month notice to expiration at the same time as ePayís 3 months change notice. If the customer has not terminated the agreement to expiration at the same time as ePayís 3 months change notice, the customer will be bound by the changed terms.
15. DISPUTES
  Any dispute between ePay and the customer concerning or arising from the present terms and conditions must always be decided upon by Danish law Ė with the exception of Danish legal rules on choice of law and venue Ė under ePayís home jurisdiction in Denmark.
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