Terms and Conditions

DebitWay's General Terms and Conditions

The vendor, service or content provider (hereinafter: Provider) would like to integrate this payment method in his application (online shop, content page, etc.).

These terms are valid globally.

In this respect, the parties agree as follows:

  1. Information about the payment method "DebitWay"
    2.
    • The payment method carries the name "DebitWay" and is accessible on the Internet at the domain www.debitway.com or www.debitway.ca
    • The payment method process is structured as follows: i The Provider's customers (hereinafter: Customer) order products or services and are taken to the payment page of DebitWay after completing their ordering. Here Customers find a remittance form which contains the bank account details of the Provider. Optionally, the Provider can submit further additional information such as amount, intended purpose or name of the Customer, which are then likewise indicated here. ii The Customer supplements the information on the remittance as required and, after entering his PIN and TAN, can let it be transmitted to his bank via the Payment's software. iii The software indicates to the Customer if the bank has accepted the remittance. At the same time it is confirmed to the Provider. iv The possibility of cancelling an already accepted remittance, and/or to recall it, depends solely on the terms and conditions of trade of the Customer's bank. Payment does not have influence on this and cannot prevent future changes.
    • Technical information. i For the operation of the payment method, the Provider simply integrates a link into his system which will take Customers to the DebitWay.com page. ii The servers, on which DebitWay.com is run, are at present located in a high security server centre, whereby the security of the data is assured. iii Transmission of sensitive data is done via a secure and SSL-encrypted connection.
    • PIN and TAN of customers are not stored or archived at any time.
  2. Integration into the range of payment methods offered by the Provider
    3.
    • The Provider agrees to integrate "DebitWay.com" into his Internet shop.
    • The Provider agrees to treat "DebitWay.com" at least equal to the other kinds of payment methods in his online range. That means that "DebitWay.com" must be listed separately in the choice of payment options.
    • Debitway grants the Provider the right for the duration of this agreement to access via a link the DebitWay.com system software in order to facilitate DebitWay.com as a payment method for his Customers. This right of use is not an exclusive right of use. It is limited to the duration of this contract and to the extent of the purposes pursued with this contract. The Provider is not allowed to offer his Customers DebitWay.com via a link that is sent to Customers per e-mail or any other way. The application must be integrated into the system of the Provider in such a way that the URL and the SSL-certificate of Payment is visible and verifiable to the Customer of the Provider.
  3. Duties of Payment
    4.
    • Debitway will make available the necessary information for integration into the Provider's system, immediately upon acceptance of this agreement. During installation and/or integration into the Provider's shop system, Debitway will support the Provider
    • The Provider is aware that transfer transactions can currently be completed via most established banks. However, Debitway does not guarantee that Customers can initiate a transfer from every bank account of the aforementioned countries or from another country. In addition, Debitway does not guarantee that individual banks and countries, who currently offer the option of completing a transaction using DebitWay.com, will continue to offer this option in the future.
  4. Duties of the Provider
    5.
    • The Provider has to integrate the "DebitWay.com service" into the shop which he has mentioned in the customer menu of Payment immediately after registration.
    • For the integration the Provider shall use the logos, graphics and banner provided by Payment on the Payment's website (hereinafter referred to as "Logos"). The link to DebitWay.com must be configured in accordance with the requirements stipulated by Payment, especially when selecting payment methods. The Logos may not be altered or distorted. After termination of this contract, the Provider is no longer entitled to use the Logos.
    • The Provider ensures that the new payment method is pointed out adequately on his/her website. References by the Provider to the new payment method must stand out clearly and conform to legal guidelines.
    • The Provider will inform Debitway immediately if he is experiencing difficulties regarding the DebitWay platform, especially if he finds out that banks previously supported are no longer supported, or that there has been misuse of the DebitWay system.
    • The Provider ensures the accuracy of all bank data (account number, bank code, BIC/SWIFT, IBAN) necessary to receive payments. Costs resulting from errors in this data, including towards paying end customers or missed payments, are to be carried by the Debitway.
    • The Provider is responsible for the accuracy of bank data at settlement of accounts.
  5. Duration of contract
    6.
    • The contract is effective for the duration of 12 months as of registration. The contract may be terminated in writing (letter, email, fax) by either party 3 months before expiration of the current contract period. In case the contract has not been terminated on this 3 month notice, the contract is automatically extended for another 12 months. The minimum contract duration is not affected by changes of transaction rates.
    • The right to cancellation without prior notice remains untouched. Debitway has a right to cancellation without prior notice if there are repeated complaints of Customers regarding the Provider, illegal business practice by the Provider, extremist content on the Provider's website, a registration that is made only for a market research or in case of a negative assessment of risks by Payment.
  6. Marketing of DebitWay.com and naming partners
    7.
      The Provider agrees that as of registration Debitway is permitted to name the Provider in emails, postal correspondence, press statements or other announcements with his/her name and logos as a reference and partner. Press statements to be released by the Provider must be agreed upon with Payment beforehand.
  7. Other matters
    8.
    • If the Provider declares DebitWay in their Terms and Conditions of Business or on specifically created pages, Debitway recommends including the following disclaimer to avoid receiving warnings from consumer protection authorities:
      *Please note: Until today no PIN/TAN data fraud case has occurred with the DebitWay.com service. Precautionary we inform our customers that due to the use of PIN and TAN within the software of DebitWay.com there are banks which claim, that a liability shift may take place in case of fraud by third parties. This may mean that in case of any data fraud case a bank may refuse to be liable and you may be liable for damages.
    • Changes and/or additions to this contract are to be made in writing, including revocation of this writing clause.
    • Should a regulation in this contract and/or its changes and/or additions be or become ineffective, then the effectiveness of the remainder of the contract is not diminished. The ineffective regulation is replaced by an effective regulation which most closely approximates the commercial intent. The same applies in the instance of a gap in this agreement.
    • Jurisdiction of this contract is exclusively Canada. This is not valid if an otherwise legally compelling exclusive jurisdiction exists.
    • The contract is subject to the laws of Canada.