Terms of Service

Parties

Paylike

This is us, the service provider. Also referred to as “we”.

Merchant

The legal party that is entering into an agreement (sometimes referred to as “you”) with Paylike.

Definitions

Card Network

The Card Network includes the card scheme organizations Visa and MasterCard as well as the acquiring bank Clearhaus A/S.

Card

A payment card from Visa or MasterCard.

Cardholder

The person to whom a Card is issued.

Merchant agreement

An agreement stating specific fees and terms between the Merchant and Paylike.

Website

The Paylike Website of the Merchant’s region. All regions can be found on the main website, Paylike.io, which is the applicable Website if there is no specific Paylike Website for the Merchant’s region.

Account

An Account, sometimes referred to in Paylike’s technical documentation as a “Merchant” or “Live account”, can be used to accept Transactions (payments).

Point of sale

The website or application where the Merchant accepts transactions.

The Paylike service

We help you accept payments using any Card accepted by the Card Network within the rules established by the Card Network. Included in our service is the establishment of a Merchant Agreement with the Card Network through the acquiring bank Clearhaus A/S. You accept that Paylike may sign such an Merchant Agreement on your behalf which includes Clearhaus A/s’ General terms for Merchant Agreements (https://www.clearhaus.com/others/assets/General_Terms_en.pdf) which is incorporated in this agreement by reference.

Paylike do not assume any liability for products or services charged using our service. It is the Merchant’s responsibility to make sure that any use of our services happens in accordance with the terms of service and the rules set forth by the Card Network (see “Card Network rules”).

Account opening

Only legal entities, such as companies, organizations and soletraders, located in one of the supported countries are eligible to open an Account. The Merchant can open an Account either via the Paylike website our directly via Paylike’s API.

The Merchant may not open an Account if the Merchant’s activity is considered to be restricted by Paylike. A Merchant considered to be restricted by Paylike must receive a pre-approval together with a Merchant Agreement with specific fees, reserves and terms as the fees and terms stated on the Paylike website or within the Terms of Service are for Merchants which Paylike do not consider to be restricted.

To open an Account, the Merchant must provide Paylike with the required information. To initially setup the Account and accept Transactions, basic information such as country, currency and descriptor is required. To finalize the setup of an Account and have the Account evaluated by Paylike, the Merchant must provide additional information, some of which is stated on this page about Account approval and some which may be additionally requested by Paylike or the Card Network.

An Account which has not been evaluated and approved by Paylike is only preliminary and may be terminated at any point for any reason until the Merchant has submitted all of the information required by Paylike and Paylike has announced to the Merchant that the Account has been approved. Transactions created on a preliminary Account may be void (cancelled) and returned (refunded) to the Cardholders in case Paylike is unable to approve the Account.

When opening an Account, Paylike and the Card Network evaluates (underwrite) the Merchant’s business based on, among other things, the information available at the Merchant’s Point of sale. If the Merchant makes changes to the business, activity or Point of sale the Merchant must open a new Account with Paylike which much undergo Paylike’s evaluation or request Paylike to review the new business activity before accepting Transactions for the new business activity. If the Merchant accepts Transactions for a new, unapproved, business activity, Paylike may consider the Transactions to be “Banned transactions”.

During the term of this Agreement, Paylike or the Card Network may review the Merchant’s Account and require additional information or verificication of already provided information to fulfill obligations towards the Card Network, the law or to reasses the risk associated with supporting the Merchant’s business. If the Merchant’ is unable to provide the required information promptly or within the provided deadline provided by Paylike, the Account may be suspended or terminated.

Payouts (funding)

Payouts will be scheduled weekly each Wednesday covering all transactions since the last transaction unless otherwise agreed in the Merchant agreement. A fixed volume based amount may be kept in reserve depending on your type of business. Payment shall be made net of fees, penalties, refunds, chargebacks and reserves.

The Merchant has a duty to reconcile Paylike’s payment calculations with its own bookkeeping in a timely manner. Any objections must be made within 30 days of the payout. Paylike reserves the right to suspend payouts, keep reserves, or change the payout schedule for any reason without prior notice.

Transactions

The completion of a transaction is a two-step process: First an authorisation to check if the card is valid and there is sufficient funds for the required transaction. If these are confirmed, the amount is reserved and the transaction has been authorised. Second, to complete the transaction a capture has to be made to charge the Card.

The transaction may not be captured before the goods or services has been delivered or shipped to the Cardholder in full.

Banned transactions

Paylike may not be used for any payments that are in violation with the law, the rules of Paylike, the Card Network or that harms the reputation of Paylike or the Card Network. Examples of such payments would be anything non- compliant with applicable laws in the Card Holders or the Merchants jurisdiction, payments received on behalf of others, payment of debt and payments for goods or services which may be an infringement of copyright, see also Paylike’s restricted businesses.

A violation of this is considered by both Paylike and the Card Network as a serious breach of the Agreement which may result in immediate termination or suspension of the Agreement and such payments may be cancelled or returned to the Cardholders. Paylike or the Card Network may impose substantial non-compliance fees on the Merchant for any violation.

Fees

The Merchant agrees to pay the fees stated on the Website linked to and incorporated into this Agreement by reference. If a specific Merchant agreement has been concluded the applicable fees will be those of the Merchant agreement.

Disputes (chargebacks)

A Cardholder may dispute a transaction. The reasons for a dispute include, but are not limited to, that the Cardholder denies knowledge of the transaction, the payment was completed otherwise, the Cardholder has not received the agreed product or service, the Cardholder has returned the goods received or that the amount was larger than agreed. The Merchant is obliged, on Paylike’s request, to submit immediately all relevant documentation relating to any disputed transaction. If the Merchant is unable to prove its right to withhold a refund, Paylike may decide to return the payment to the Cardholder. Paylike’s decision is final and cannot be appealed to any court.

We, or the Card Network, may at any point determine that the Merchant is incurring excessive chargebacks. In this case additional fees, penalties or fines could be issued. Ultimately excessive chargebacks can lead to a suspension or termination of the agreement.

Credit assessment

Paylike and the Card Network maintains the right to obtain credit information about the Merchant and its owners, and to request from the Merchant any information that it deems necessary for an ongoing assessment of the business relationship.

Paylike and the Card Network has the right to conduct unannounced physical inspections of any of the Merchant’s premises and warehouses as part of its regular ongoing credit assessment. An assessment may include premises, servers, data warehouses, business procedure, etc. The cost of the inspection shall be paid for by the Merchant.

Any change in the business relationship with the Merchant deemed significant by Paylike may result in a recalculation of the Merchant’s reserve and terms.

Security

The Merchant shall at all times comply with applicable national or regional laws and rules regarding data security and the Card Schemes’ standard for the safe management of card data known as the PCI DSS. The standards are continually improved, and the current rules can be found at https://www.pcisecuritystandards.org/. Paylike always encourages the Merchant to handle as little of the card transaction as possible (e.g. by using Paylike’s checkout functionality) to minimise the security measures that has to be taken and thereby the risk.

The Merchant is not allowed to store, even transiently, or in any way gain access to any Card details. If the Merchant suspect or has proof that there has been a security breach relating to Cards the Merchant must notify Paylike immediately. In the case of losses due to stolen card data or fines imposed by the Card Network the Merchant is responsible.

Card Network rules

The Merchant must at all times comply with the rules and guidelines of the Card Network. Not all rules and guidelines are available online. The current rules and guidelines can be found at the following webpages and are incorporated by reference into this agreement:

The Card Network reserves the right to amend the rules and guidelines with or without a notice as they deem necessary.

Termination of the agreement

The agreement can be immediately terminated for any reason by either party. Termination does not change the Merchant’s liability regarding any transactions, refunds or disputes and Paylike may choose to hold any funds deemed necessary to resolve disputes related to processed transactions.

Any outstanding balance must be resolved by payment (if negative) or following current payout terms.

Right to amend

Paylike has the right to amend, add and delete any of the terms and conditions of this Agreement with a notice of two months. Notice of changes will be given on the Website. The changes will be deemed to have been accepted by the Merchant unless Paylike has been notified of the contrary in writing. The Merchant has the right to terminate this Agreement as mentioned in “Termination of the agreement” before the proposed date of the implementation of the changes.

Other

The Merchant is not entitled to disclose to any third party the contents of the Merchant Agreement or any communication with Paylike, which should be treated as confidential.

Paylike shall be entitled to disclose any information about the agreement, transactions and the Merchant to its payments processors who are further entitled to disclose this information to the Card Network.

The Merchant cannot raise claims against Paylike for damages, including lack of revenue due to systems being unavailable or faulty. The Merchant is encouraged to monitor all operations and maintain adequate backup system.

Disputes shall be settled by the Court of Aarhus under Danish law.