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General Terms and Conditions for ePay
Below you will find the terms and conditions for ePay’s payment gateway. If you have any questions, please feel free to contact us by email or phone.
These terms apply to the customer’s use of the ePay payment system. The system is owned and operated by ePay ApS, Lansen 19, 9230 Svenstrup J, CVR 44307499 (hereinafter "ePay").
Through the agreement, the customer can accept online payments via their website.
The payment methods and any ePay add-on services the customer wishes to use are selected during ordering on ePay’s website and are shown in the order confirmation, including setup fee and monthly pricing.
The customer must enter into a separate acquiring agreement with an acquirer for the chosen payment methods. ePay cannot put the solution into operation until such agreements are in place. ePay can provide guidance on the application but cannot submit it on the customer’s behalf. Obtaining an acquiring agreement is the customer’s sole responsibility and cost. The agreement with ePay is effective regardless of whether an acquiring agreement is obtained.
To purchase additional ePay services, the customer must contact ePay. Prices appear on the website. Some add-ons require a new acquiring agreement. Services purchased later will be governed by a separate addendum.
Using ePay’s payment system, the customer’s customers can pay online on the customer’s website. ePay provides a technical gateway for the selected payment methods and delivers any chosen add-ons. See epay.dk for supported methods and add-ons.
Settlement to the customer is made under the customer’s acquiring agreement with the relevant acquirer. ePay bears no responsibility for that part.
Access to the system may only be provided from domains covered by the agreement. The customer registers or changes domains via login. Unless otherwise agreed, the agreement covers one domain. Each additional domain incurs an extra monthly fee.
The customer implements the necessary code on their website. Detailed technical documentation is available at docs.epay.eu. Assistance from ePay is by separate agreement at the then-current hourly rate.
From the effective date, the customer can access ePay statistics via login at epay.dk using username and password. Currency rates are fetched daily from Danmarks Nationalbank and are indicative only.
ePay strives for high uptime but cannot guarantee a specific level due to the nature of the internet. Measured monthly, uptime is typically around 99.9 %. Maintenance is performed on an ongoing basis, preferably between 01:00 and 04:00, and is normally announced in advance by service emails.
All transmission and storage of card data is encrypted. ePay uses an SSL certificate issued by GlobalSign. Validity can be verified at epay.dk.
ePay performs daily backups of all servers and systems, stored in accordance with VISA/Mastercard PCI requirements. If data loss is caused by ePay, ePay will assist in restoring from the latest working backup. Otherwise no compensation is due. For losses outside ePay’s control, assistance may be provided for a fee. Customers should maintain their own backups.
The customer is assigned a username and password for administration and must keep them confidential. Suspected compromise must be reported immediately. ePay may set length and complexity requirements and require password changes.
All ePay servers run up-to-date antivirus. Customers should protect their own devices. If ePay repeatedly receives viruses from a customer, ePay may disconnect and require updated protection.
ePay’s IT systems are PCI-certified by VISA/Mastercard and undergo annual IT audits by a recognized security company. Quarterly scans of servers and networks are conducted to enhance security and prevent intrusions.
ePay seeks to prevent abuse but cannot guarantee it will not occur. Suspected abuse or intrusion must be reported immediately. If ePay deems that the customer is abusing the system or violating rules, ePay may block use or access from the relevant domain without notice.
The customer may not forward card data to own or third-party servers unless the recipient (including the customer) is PCI-certified. If such forwarding is detected, ePay will immediately block access until compliance is documented. ePay may inform relevant authorities, acquirers and other parties.
ePay complies with applicable law, acquirer requirements and PCI standards. The customer must comply with law, acquirer terms and PCI requirements for merchants. The customer alone is responsible for lawful use and content and shall hold ePay harmless from third-party or authority claims. ePay may block services without notice in such cases.
Current prices appear on epay.dk and in the order confirmation. All prices are excl. VAT. ePay may change prices with 3 months' notice by email. The customer may terminate with 1 month’s notice to expire at the end of ePay’s notice period. If not terminated, the new prices apply.
Invoiced in advance per subscription period. The first invoice includes setup and agreed services. Invoices are sent by email and available in the admin area. Alternative invoicing methods may be chosen and may incur fees.
Invoices fall due 8 days from the invoice date. Payment for setup or renewal may be made on ePay’s website using Visa/Dankort, Visa, Visa Electron or MasterCard. Automatic card payment can be enabled. Online transaction fees apply. Late payment accrues interest at 1.5 % per commenced month. Reminder fee DKK 100 per reminder. If unpaid 7 days after the first reminder or sent to collections, ePay may suspend services until full settlement including costs.
Answers to most questions are available at epay.dk. Otherwise contact by email, chat or phone (details at epay.dk). Phone support regarding the subscription and payment solution is free. Out-of-scope support is charged at the current hourly rate after prior notice. Accounting queries: invoice@epay.dk. Questions about end-customer payments and payouts must be directed to the relevant acquirer.
The customer must keep ePay updated with address, emails and other contact details, ensure at least one monitored email address and allow ePay emails through spam filters. Different contacts can be set via login. The customer agrees to receive informational emails about changes and news, which can be opted out in writing or via the website.
ePay holds all rights, including copyright, to the code and materials provided. The customer receives a time-limited, non-exclusive right of use within the scope of the agreement. Rights are conditional on timely payment. Infringement constitutes material breach.
The parties are liable under Danish law. ePay’s liability is limited to the fees paid by the customer during the 12 months before the event and excludes indirect loss, data loss and consequential damages. Product liability is limited to the extent permitted by mandatory law.
No party is liable for non-performance due to force majeure, including war, natural disasters, strikes, lockouts, fire, water damage, trade restrictions, virus or hacker attacks, communication failures, power outages, supplier force majeure or other unforeseen events not reasonably preventable.
The agreement takes effect upon signing and runs until the subscription period ends. The subscription becomes active when ePay receives the acquiring agreement, no later than 60 days after entering the agreement. Unless otherwise agreed, the period is 12 months. If a shorter period was agreed and ePay had to send more than one reminder, future periods may be no shorter than 12 months.
Unless terminated per 11.3, the subscription renews automatically at the end of the current period.
Either party may terminate with 1 month’s notice to the end of a subscription period. The customer may terminate via login under "Invoice" by selecting "Cancel subscription" or by written notice. Confirmation is sent by email.
If a party materially breaches the agreement and fails to cure within 14 days after written notice, the non-breaching party may terminate for the future. Late or missing payment constitutes material breach.
As a business customer, there is no right of withdrawal.
Both parties must keep confidential all information learned about the other party and this agreement’s content.
Where personal data is processed on behalf of the customer, ePay and any subprocessors act only on the customer’s instructions and implement appropriate technical and organizational measures. The customer accepts ePay’s standard data processing agreement available at epay.dk. On request, ePay will provide sufficient information for verification. The customer bears related costs.
The customer may not use ePay’s services to operate a business competing with ePay unless specifically agreed. Nothing prevents ePay ApS from operating in competition with the customer.
The customer may not assign rights or obligations without ePay’s written consent. ePay may assign rights and obligations in whole or in part.
ePay may change system specifications, security rules and guidelines at any time when deemed necessary. Changes are announced on the website and by service emails. ePay will seek to provide a grace period but cannot guarantee it. These terms may be changed with 3 months' notice. For detrimental changes, the customer may terminate with 1 month’s notice to expire at the end of ePay’s notice period. If not terminated, the amended terms apply.
Any dispute shall be settled under Danish law - excluding rules on choice of law and venue - before ePay’s home court in Denmark.
