Terms and Conditions
1. Scope of application
- EPGBILL.COM is an internet means of payment of Euro Payment Group GmbH with which the USER can pay for goods and services with suppliers authorised by Euro Payment Group GmbH ("Suppliers") without needing to disclose his account or credit card data with each payment transaction.
- These "Standard Business Terms for EPGBILL.COM USERs" shall apply to USER's legal relations when using EPGBILL.COM both in relation to EPGBILL.COM as well as in relation to the Suppliers.
2. Object of the Contract
- The USER shall register with EPGBILL.COM by giving his email address, his bank account particulars as well as, where applicable, his credit card data or the data of other means of payment (e.g. telephone value-added service numbers) and shall in return be given a password by EPGBILL.COM. The USER's email address shall serve as a user ID.
- For payment of goods or services with the authorised Supplier the USER shall give his email address and his EPGBILL.COM password. He shall subsequently choose the mode of payment (credit card, direct debit, etc) and shall therewith grant authorisation to have the invoice amount paid by means of the means of payment selected. Euro Payment Group GmbH shall forward this declaration to the Supplier on behalf of the USER.
- As far as possible, Euro Payment Group GmbH shall check current payment entitlement with the means of payment selected and shall inform the Supplier of the results, the Supplier according to the results of his check shall then give clearance for performance.
- The transmission of payment data and settlement of payment shall be performed in the framework of an agency assignment for the USER without any further charge. Not affected thereby shall be the transaction costs for credit card payments, direct debits or any other mode of payment selected.
- All further activities relevant to settlement by Euro Payment Group GmbH shall be executed on assignment from and as authorised by the Supplier.
3. Registration as a EPGBILL.COM USER
- For registration as a EPGBILL.COM USER the input of ("core data"), in other words personal data, as well as data relating to the desired means of payment (direct debit, credit card, etc) as well as communication of the email address as a user ID shall be required. Confirmation of registration as well as communication of the password shall take place immediately by electronic means.
- The USER must provide accurate, precise and complete information. The USER must take pains to see to it that his core data are at all times up to date. He shall immediately inform USER of changes in the form specified by Euro Payment Group GmbH or shall enter the changes independently at the website belonging to Euro Payment Group GmbH or EPGBILL.COM.
4. Supplier's performance
- Euro Payment Group GmbH shall not be involved in the contractual relations between the USER and the Supplier. Euro Payment Group GmbH shall not be subject to any obligations in regard to the offer or the fulfilment of the Supplier's performance. It shall be the responsibility of the Suppliers to present, set up and offer their services on their own initiative. Euro Payment Group GmbH shall not assume any warranty for the accuracy, completeness, intrinsic value, currency and/or quality of the Suppliers' performance. Euro Payment Group GmbH shall in particular not appropriate the Supplier's content.
- Claims or complaints stemming from the contractual relationship between the USER and the Supplier shall be clarified directly between the latter two parties; they shall not affect the USER's payment obligation in regard to the means of payment selected. The cardholder shall check invoice summaries as well as other billings and notifications for their accuracy and completeness and shall raise any eventual objections thereto immediately.
5. Obligations and liabilities of the USER
- The USER shall give assurances that he is entitled to use the relevant means of payment at the time of payment.
- The USER shall immediately notify Euro Payment Group GmbH of any recognisable flaws or trouble in the EPGBILL.COM system.
- An individual may at any given time only be registered once with Euro Payment Group GmbH for the purpose of using a EPGBILL.COM account.
- User ID and password together as access authorisation to the EPGBILL.COM payment system may only be used by the USER and shall not be transferable.
- The USER shall keep the password secret and shall ensure that it is not made accessible to third parties. The USER shall be obliged to immediately notify Euro Payment Group GmbH of any suspicion of improper use of EPGBILL.COM.
- The USER may not use EPGBILL.COM for offers the contents of which violate applicable laws.
- In the case of a violation of the obligations cited above or when disputing payment with EPGBILL.COM or other obstacles to collection of payments Euro Payment Group GmbH shall be entitled to block access to the Euro Payment Group GmbH EPGBILL.COM system immediately, either permanently or for the time being. The USER shall compensate Euro Payment Group GmbH for any damage resulting from violations of obligations and shall hold Euro Payment Group GmbH harmless against all detriment caused by his damaging actions.
6. Involvement of third parties
- Euro Payment Group GmbH shall be entitled to involve third parties for fulfilment of its obligations incurred under this Agreement. Outsourcing within the meaning of commissioned data processing pursuant to Section 11 of the Federal Data Protection Act shall in particular be allowed.
- Euro Payment Group GmbH may demand that certain settlement steps are carried out fully or partially with such third parties.
- Euro Payment Group GmbH shall moreover be entitled to assign rights and obligations under this Contract, fully or partially, to a company affiliated with Euro Payment Group GmbH within the meaning of Section 15 of the Company Act (Company Act of the Federal Republic of Germany).
7. Warranty and liability
- Euro Payment Group GmbH shall not assume any warranty for the availability of the EPGBILL.COM system and the successful outcome of the payments assigned. In particular, Euro Payment Group GmbH shall not assume any warranty or liability for the availability of EPGBILL.COM as well as for maintenance work on the EPGBILL.COM system on Euro Payment Group GmbH or for outage in third-party telecommunications networks serving access to EPGBILL.COM.
- Euro Payment Group GmbH 's liability and that of its agents shall be limited to cases of gross negligence and deliberate intent. Not encompassed by this liability disclaimer shall be damages to life, limb and health, damages under the Product Liability Act, under Section 7, paragraph 2 of the Telecommunications Security Ordinance as well as through violation of essential contractual obligations. In case of violation of essential contractual obligations liability shall be limited to direct damages of the type predictable, in case of violation of Section 7, paragraph 2 of the Telecommunications Security Ordinance to the amount cited therein.
8. Data protection
- Euro Payment Group GmbH shall collect, process and make use of personally related data of the USER provided in connection with registration solely for the purposes of admission to and use of the Euro Payment Group GmbH EPGBILL.COM system. Personally related data shall only be collected, processed and used with payment transactions to the extent required for settlement of payments taking the peculiarities of each of the means of payment into account.
- Personally related data of the USER shall only be forwarded to the Supplier if the USER complains about the Supplier's performance or if USER's payment to the Supplier does not entail fulfilment of the obligation to provide consideration or has to be refunded. In such cases, the Supplier shall be given the personally related data of the USER required to clarify the complaint or to satisfy the claim.
9. Miscellaneous
- Ancillary understandings, amendments or supplements must be in writing to be valid: Any derogation from this requirement of written form must likewise be in writing.
- The Contract on the use of EPGBILL.COM shall come about by means of electronic activation of the USER's registration.
- The Contract may be cancelled at any time.
- The Contract shall be subject to German law with the provisions of the Convention on the International Sale of Goods (CISG) expressly barred. Where admissible, Frankfurt Regional Court shall be agreed as the proper forum of jurisdiction.
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