TERMS & CONDITIONS, MONDIDO PAYMENTS
§ 1.Introduction
Mondido IT AB, org. nr 559366-9913 (“Mondido” or “we”) provides a payment service (“Service”). This document sets out the conditions applicable to use of the Service (“Terms”). By registering an account with Mondido you (“User” or “you”) agree to be bound by the Terms. Once access has been granted for User to the Service, Terms will be binding for both parties, and an agreement will be entered between the parties (User and Mondido), of which these Terms are an integral part (the “Agreement”). The Swedish version of the Terms will override any local translated version of the Terms in the event of a conflict between the translated and Swedish version.
§ 2.Desicription of Service
Mondido offers payment service that makes it possible for websites and mobile applications to accept online payments. Mondido provides various technical solutions that can be implemented by the User as well as administration tools for transactions management and refunds. Mondido also offers different solutions for statistics and reporting. The payment service includes technical solutions, features and payment methods, available from time to time, such as card payments, invoicing (after pay), Swish (“Payment Methods”) as found on our website.
§ 3.Conditions and limitations of using the Service
§ 3.1 All information registered by the User must be accurate and complete. The User must also update the information if they should be changed.
§ 3.2 User must implement the Service into it’s system before User can start to use the Service.
§ 3.3 The User must implement the technical integration according to the technical documentation which is available on Mondido’s website. The User must also test the technical integration and all functions which the User will be using, in both test and live production environment, before launching the Service officially to its end-clients. The test phase must be conducted for the relevant account(s) with successful outcome at least 2 weeks before official launch.
§ 3.4 Use of the Service requires that User enters into agreements with Payment Methods which are available via the Service but not developed by Mondido such as Swish and Paypal.
§ 3.5 Use of the Service requires that User enters into agreements for Payment Methods such as card payments with acquiring banks and/or payment providers of Payment Methods such as Collector and Trustly (Partners ) and by accepting these terms the User agrees that Mondido can disclose User data with these third parties.
§ 3.6 By enrolling for one of the Payment Methods via Partners the User accepts that Mondido discloses data with selected Partners in order to implement the technical integration, finalize and sign the agreement on your behalf, for supporting in regards to service matters related to Payment Methods and/or Partners and in order for Mondido to be able to provide the Service.
§ 3.7 By accepting Terms the User assures that it’s use of the Service to collect payments for merchandises and service will be in compliance and not differfrom declared merchandise and services as stipulated in the initial agreements with Monidido and/or Partners.
§ 3.8 By accepting the Terms you insure that you will not use the Service to receive payments for goods or services that (a) contains tobacco and acquired via the Internet, (b) relating to pornography in any form or pornographic or sexual services (which for example, sex clubs, escort service, media, pornographic, erotic dancing, etc.), (c) timesharing, (d) provides prescription drugs and sold at a distance (if you do not have all the permits required to sell such drugs) or drug ( e) represent weapons, (f) relates to gambling, betting, lotteries, bingo and other casino services unless you have all the necessary permits, (g) refers to any kind of virtual currency, (h), financial services.
§ 3.9 You may not use the Service to receive payment for something that is prohibited by law or in any other way than you have provided to us.
§ 3.10 You may not impose any limits for accepting card payments (credit or debit), apply a higher price or add any additional fee. You may not ask for or otherwise take part of the cardholder’s PIN.
§ 3.11 You may not search for or take advantage of any gaps or deficiencies in the Service.
§ 3.12 You may not refer to Mondido in order to demonstrate the suitability or quality of your goods or services.
§ 3.13 If requested by Mondido you should provide all such documents and other information requested by Mondido to be able to provide all necessary inquiries required under the any governing Anti-Money Laundering Act (Swedish: Lagen om åtgärder mot penningtvätt och finansering av terrorism 2017:630) on measures against money laundering and financing of terrorism (and other applicable regulations and common advice). You must also provide documentation and other information needed by Mondido and the acquiring bank and card networks to follow applicable laws and regulations. We may do credit checks about you, which you accept when signing up for the Service.
§ 3.14 If you violate the above or if you otherwise use the Service for any illegal activity or in a way that imposes harm to the Service or Mondido’s reputation or use the Service in any way that exposes Mondido to unacceptable risks, Mondido reserves the right to suspend your account and terminate your use of the Service immediately.
§ 4.Support
Mondido provides support for the user from the time that the user begins using the Service. The Mondido support consists of qualified personnel or subcontractors to ensure that the user receives good support. In case of that support is provided by Mondido due to faults generated by you, then you should reimburse Mondido for the work according to the price list.
§ 5.Service availability and errors in the Service
§ 5.1 The service is normally available 24/7/365, ie around the clock every day of the year. Mondido does not guarantee that the service is free of errors or interruptions but will take reasonable steps to maintain the highest availability and quality as possible.
§ 5.2 The availability of the Service is measured by Mondido. Mondido reserves the right to suspend the Service for maintenance, upgrades and updates. We will announce on our website when such action is planned but it may also be that we need to carry out emergency measures without prior notification.
§ 6.Security
§ 6.1 Mondido complies at all times with the requirements from acquiring bank, including security procedures and routines.
§ 6.2 Mondido is responsible for handling of credit card numbers and sensitive information is handled safely in accordance with the requirements for certification, regulatory Payment Card Industry Data Security Standard (PCI DSS).
§ 6.3 Mondido handles all User data in accordance with clause 11.3. Mondido reserves the right to disclose User data upon request from acquirers, banks, police or other authorities. In connection with such disclosure, Mondido will inform the User to the extent possible according to the law.
§ 6.4 The User is responsible to collect approval for User onboarding from Partners such as card payments acquirers or other Payment Methods before any transactions processing can be .
§ 6.5 The user must follow the safety procedures and instructions given by Mondido, including the passwords and other credentials. User is responsible for that sensitive information, such as login information, passwords, and other User information is handled securely and safely and kept securely so that no unauthorized persons can take part of it.
§ 6.6 In cases where the User comes in contact with sensitive information such as card numbers the User is bound to follow the regulations according to PCI DSS and other applicable rules and procedures.
§ 6.7 The User may not make any safety testing, analysis, or otherwise try to test Mondido’s systems unless Mondido has given its written consent on beforehand.
§ 7.Assisting of deviation from the Service functionality
§ 7.1 If the functionality of the Service deviates from the agreed functionality the User is to notify in writing Mondido and give Mondido all relevant factors and circumstances that may be relevant. Mondido will examine whether there is any deviation, and try to correct the deviation within a reasonable time (taking into account the nature of the deviation and the impact on the Service).
§ 7.2 A user who wants to make a complaints regarding errors in the Service, shall notify in writing Mondido of this within a reasonable time and no later than 14 days after the user discovered or should have discovered the fault. The complaint shall specify the defect and give Mondido all relevant factors and circumstances which may be relevant. The User loses the right to invoke an error if the complaint has not been made within the deadline.
§ 8.Compensation and payment terms
§ 8.1 The Service Fee will be charged for use of the Service as found on Mondido’s website and could in certain cases be specifically agreed between the User and Mondido (Mondido Fee or Fee).
§ 8.2 Changes to the Mondido Fee will be published on the Mondido’s website and new Fees will start to apply with 30 days notice.
§ 8.3 Fees for Payment Methods and Partners Fee will be charged the User once Mondido transfers and deducts such from acquired transactions. Mondido Fee will be also be disclosed if its included in the deduction. If Mondido’s Fee is included in Fees for Payment Methods and Partners Fee the User shall not enter into any separate agreements with Partners regarding Mondido Fees and if the actual Fees charged by Partners differ from the Mondido Fee, Mondido shall be entitled to adjust the Fee in arrears and charge the User the difference .Other fees are invoiced monthly in arrears, payment must be made to Mondido no later than 10 days after the invoice date. Any fixed or startup fees will be billed after the agreement has been signed.
§ 8.4 The User may not set off the Fees which the User is obliged to pay with any claim the User might have against Mondido. Users undertakes to indemnify Mondido for any amounts that may be requested by a third party due to User’s use of the Mondido account. Mondido reserves the right to at any time settle any claim directed against Mondido due to User’s account handling against each of the User’s claim on Mondido. However, this set-off does not limit Mondido’s right to claim damages under other clauses.
§ 8.5 Mondido reserves the right disable the Services for the User due to unpaid invoice(s). The service may be enabled once the outstanding debt i.e. invoice(s)including extra costs such as reminder and interest has been fully paid.
§ 9. Currency rates
Information regarding currency rates and exchange fees may be found on the Mondido website or by contacting Mondido.
§ 10.Terms for refunds
§ 10.1 User should have fair and transparent rules for the return and cancellation of goods and services and the regulation of payments, notify rules for the return and cancellation to the customers at the time of purchase, not to repay with cash nor receive cash or other compensation for refunds.
§ 10.2 All payments shall be attributable to a previously completed transaction and will be implemented with the credit card used to execute the payment transaction. The amount of the refund may not exceed the original payment transaction unless the User has a separate agreement through Mondido that allows for this.
§ 10.3 When replacing a product which gives a difference in the purchase price the User shall reimburse the total amount of goods to be returned and register a new purchase for the new goods.
§ 11. Other provisions
§ 11.1 Responsibility
§ 11.1.1 Mondido is not under any circumstances responsible for any kind of indirect damage, such as loss of sales or lost customers.
§ 11.1.2 Mondido is responsible only for Mondido’s own established faults and undertakes no responsibility for any third party acts or omissions. Mondido’s liability is limited to direct damages and for an amount up to equivalent to 25% of the fees paid by the User to Mondido during the immediately preceding three months before the error occurred. Mondido is not liable for damage or loss which is outside Mondido’s control or depends on someone else than Mondido.
§ 11.1.3 Mondido’s liability under clause 11.1.2 applies only if testing has been carried out in accordance with clause 3.3.
§ 11.1.4 The User shall hold Mondido harmless from claims, and related costs, by third parties against Mondido resulting from the use of the Service in violation of the terms and conditions, applicable laws or regulations or the rules made or applied by acquiring banks or card networks.
§ 11.1.5 The User shall immediately notify Mondido if the User becomes aware of any infringement of the law relating to this Agreement or the Service.
§ 11.2 Personal data
§ 11.2.1 By providing the Service Mondido processes User and User representatives personal information in accordance with the Privacy policy, Appendix 1.
§ 11.2.2 In order to provide the Service, Mondido may need to process personal information about the User’s end-clients ie customers. The User is data controller while Mondido is data processor in accordance with this Data Processing Agreement, Annex 2.
§ 11.3 Privacy
§ 11.3.1 Each party undertakes not to without the other party’s written consent disclose to third parties during the contract period, and a period of 3 years thereafter information about the Agreement and / or information about the other party that is considered confidential or trade secret.
§ 11.3.2 The above does not prevent the disclosure of information in accordance with the law or by decision of the authorities or court.
§ 11.4 Immaterial rights
§ 11.4.1 Mondido owns and retains all rights, including inter alia property rights and copyrights to all of the Service including products and services. The agreement does not imply any ownership or intellectual property rights to the Service or other services and products covered by the Agreement.
§ 11.4.2 During the terms of the agreements the user receives a non-exclusive use of the Service in accordance with the Agreement.
§ 11.4.3 The User does not have the right to assign, grant sub-licenses to, or sublicense the software, codes etc. provided to the User by Mondido. The user may not copy, translate, modify or reverse engineer the Software or undertake so-called reverse engineering other than indicated by mandatory law.
§ 11.4.4 The user may make Mondidos logo and name available on the User’s website. Mondidos logo and name may only be used to describe the MondidoService and shall not be used to give the impression that Mondido is behind the User’s goods or services or that Mondido and the User has some kind of partnership. The User should always follow instructions for rendition of Mondido’s logo and name.
§ 11.4.5 Mondido has the right to use the User’s brand and logo for marketing purposes. Such marketing should always be done so that it does not damage the user’s reputation.
§ 11.5 Cookies
§ 11.5.1 Mondido uses cookies in connection with the payment window. Information about the cookies used, can be found on the Mondido website or by contacting Mondido.
§ 11.5.2 The User has an obligation to comply with the relevant provisions of the existing legislation and notify their users about the cookies used by Mondido. The user can, in this context, link to Mondidos information about cookies.
§ 11.6 Assignment and subcontracting
§ 11.6.1 Mondido has the right to subcontract some or all of its commitments under the Agreement. Mondido is liable to the User for its subcontractor as for themselves
.§ 11.6.2 Mondido has the right to assign its rights and obligations under the Agreement to third parties. The user has the right to assign its rights and obligations under this Agreement only after Mondido’s written approval.
§ 11.7 Entry into force and terminationThe Agreement will enter into force from the time the User is accepted by Mondido and is valid until further notice with 90 days notice. Mondido may cancel the agreement on a shorter period of 90 days, and in some cases with immediate effect.
§ 11.8 RevisionMondido has the right to conduct an audit of User activity to the extent and in the manner required to ensure fulfillment of their obligations under applicable laws and regulations (including the rules issued by outside banks and card networks).
§ 11.9 Changes to the TermsMondido reserves the right to change the contents of these Terms and Conditions with 5 days notice. The User is informed of the changed conditions via the Mondido website. If the User does not wish to be bound by the new Terms and Conditions, the User is entitled to terminate the Agreement as of the date on which the new conditions are applied.
§ 11.10 Forum and applicable law
§ 12 Signing agreements with sub-providers
When creating a PSP Gateway Agreement with Mondido, You authorizes Mondido to accept the standard terms and conditions for a Visa and Mastercard Card Acquiring Agreement with Clearhaus on behalf of the You and your Business (using the Service). If the conditions are not standard, Mondido will request an electronic power of attorney from the You/Your business. The standard terms and conditions for the Visa and Mastercard Acquiring Agreement can be found here.
Disputes arising from this agreement shall be settled by a Swedish court in accordance with Swedish law. Stockholm City Court shall be the first instance.
Last updated April 2023.
If you have questions regarding these Terms and conditions, please contact us by e-mail at: legal@mondido.com
