Trisbee Payment Services
Merchant Terms and Conditions
Last change: 3/26/2021
SECTION 1 – INTRODUCTION AND BASIC TERMS
1.1. Agreement with the Merchant
These terms and conditions constitute basic agreement on the provision of payment services between Trisbee s.r.o, with its registered office at Prague 6, Vokovice, K Červeném vrchu 678/1, postal code 160 00, Commercial Registration No.: 04775660, registered in the Commercial Register maintained by the Municipal Court in Prague, file number C 306886 (hereinafter " Trisbee") and a merchant. The agreement is deemed concluded when the merchant, as an entity interested in using of the service of cashless payment acceptance (hereinafter referred to as the " Merchant"), provides Trisbee with its identification data and/or other indispensable data and required documents and, at the same time, agrees to these terms and conditions governing the rights and obligations of Trisbee and the Merchant in providing of the payment services (hereinafter referred to as the " Business Terms and Conditions"), including their integral part being the pricelist of services (hereinafter referred to as the " Pricelist") published at https://www.trisbee.com/en/CZ/pricing.
1.2.1. "Trisbee" is a duly registered small-scale payment service provider licensed by the Czech National Bank, with its registered office at Na Příkopě 28, 115 03 Prague 1, Czech Republic. The Czech National Bank is the authority supervising provision of payment services by Trisbee.
1.2.2. "Merchant" means an entity that has entered into an agreement with Trisbee on the provision of payment services consisting in acceptance of non-cash payments from third parties and has met all contractual and statutory conditions for the provision of the service of non-cash payment acceptance.
1.2.3. "Merchant's Customer" means any person using the Trisbee payment system , either by means of the Trisbee mobile or web application (hereinafter referred to as the "Application" ) or, using the access to the Operator's server via a programming interface (hereinafter referred to as the " API"), paying to the Merchant for goods and services while otherwise not using actively other payment services provided by Trisbee (in such cases the Application serves to the Merchant as a payment terminal).
1.2.4. "User" means any person who uses the payment services provided by Trisbee and who, in order to enter into a contractual relationship therewith, has provided Trisbee with their identification data and has agreed to the User's Terms and Conditions, and/or has met other conditions stipulated by law for the provision of the selected payment service.
1.3. Trisbee Payment Service Designed for Merchants
1.3.1. Trisbee provides a payment service for the Merchant consisting in the possibility to accept non-cash payments for goods and services offered by the Merchant from the Merchant's Customers and from the Users, thus:
- via a mobile application designed for Trisbee Business Merchants (hereinafter referred to as the "Business Application" );
- by accessing the Trisbee server via the application programming interface (API);
- or through another tool potentially developed by Trisbee and offered to the Merchant for the purpose of payments acceptance in the future;
(hereinafter referred to as the "Business Payment Methods" ).
1.3.2. Payments entered in favor of the Merchant are remitted by Trisbee to the Merchant's bank account on the next working day after the payment order from the Merchant's Customer or the User is successfully accepted. Trisbee does not keep a payment account for the Merchant.
SECTION 2 – RIGHTS AND OBLIGATIONS OF THE MERCHANT AND OF TRISBEE
2.1. Terms of the Application Use by the Merchant
2.1.1. Trisbee develops and operates software for accepting payments, in particular in the form of the Business Application or in another form agreed between Trisbee and the Merchant. Furthermore Trisbee manages and makes available to the Merchant the API's that allow integration of software for payments acceptance by the Merchant themselves (see Art. 1.3.1. herein). The specific form of the Business Payment Method is always determined by agreement between Trisbee and the Merchant at the conclusion of their contractual relationship or in the course of the contractual relationship. Unless otherwise agreed in the agreement, Trisbee provides the Merchant with the Business Application for the purpose of payments acceptance. The Business Application serves to the Merchant as a payment terminal enabling easy acceptance of payments for goods and services offered thereby.
2.1.2. The provision of payment services to the Merchant is not claimable; Trisbee is entitled to disallow or terminate provision of the service to the Merchant, even if the Merchant has met all the terms and conditions requested.
2.1.3. Trisbee grants to the Merchant a non-exclusive, non-transferable and gratuitous license to use all the Business Payment Methods, thus in accordance with these Business Terms and Conditions and, where applicable, also in accordance with the terms of the platform from which the specific software was downloaded. The license applies to all later versions of the software solution provided to the Merchant, unless a new license to use is provided together with the new version.
2.1.4. The Merchant may not independently distribute, publish or otherwise forward the Business Application to other persons; the Business Application is available for download via Google Play or the Apple Appstore. The Merchant also is not entitled to treat similarly other software created and provided to the Merchant by Trisbee. The Merchant understands that the Business Application was not created for individual needs of a particular Merchant but for universal use.
2.1.5. By downloading the Business Application, or by using other Business Payment Methods, the Merchant acknowledges that Trisbee thus gains access to certain information of the device on which the Merchant has installed their solution for payments acceptance. This includes information such as IP address, name of the device, the operating system version, and geolocation. In some cases, Trisbee has access to the device information only if the Merchant enables this feature on the device.
2.1.6. By downloading the Business Application or by using other Business Payment Methods designed for non-cash payment acceptance, the Merchant agrees to refrain from:
- performing of operations such as translation, adjustment, modification, circumvention, reverse engineering, decomposition, disassembly, creation of derivatives or other interventions into any feature of the Business Payment Method, or assisting to another person in the above-described interventions;
- using of the Business Payment Methods illegally, for illegal purposes, in a manner that is in violation of these Business Terms and Conditions, or treating the Business Payment Methods in a fraudulent or deceptive manner, such as hacking, inserting malicious code or malicious data into the specific Business Payment Method or into the operating system;
- any attempts to install or use the Business Payment Methods on any device on which the impossibility of installing illegal software has been unlawfully breached or in which the possibility of installation is limited in a controlled manner;
- collecting or gathering of information and/or data from the Business Payment Methods or the Trisbee system or from attempting to decrypt any transmission to or from servers operating the payment services;
- uploading of any content that is or may be deemed violent, threatening, racially motivated, breaching confidentiality or privacy, discriminatory, defamatory, abusive, illegal, pornographic, obscene, indecent, profane, or may cause trouble or inconvenience to a third person.
2.1.7. Trisbee is entitled to block the Merchant from using Trisbee payment services, ie to terminate temporarily or permanently provision of the payment services, if they are used by the Merchant illegally or immorally, if the Merchant uses offensive, obscene, vulgar, disrespectful or defamatory language against Trisbee or any employees or agents acting on behalf thereof, or if the Merchant materially violates these Business Terms and Conditions. Trisbee is also entitled to prevent the Merchant from using the payment services if the Merchant is declared bankrupt, if insolvency or enforcement proceedings are instituted against the Merchant, in case of the Merchant's winding up, if the Merchant terminates their business activity or if their business activity is terminated by a competent authority, and/or in the event that there are significant changes in the Merchant's business activities (eg different line of business, different approach to performing of business activities) or significant changes in the Merchant's ownership structure. Likewise, Trisbee is entitled to terminate the use of payment services in the event that the Merchant who is a natural person dies, or if the sole member of the Merchant's company dies, regardless of any legal succession.
2.1.8. In the event that the contractual relationship between the Merchant and Trisbee is terminated, Trisbee recommends to the Merchant to remove all components of the Business Payment Methods from all the Merchant's devices for security and protection reasons.
2.1.9. The Merchant is responsible for securing of all their devices and for activating of all security features of access into these devices so that, without the Merchant's consent and authorization, no third party can access the Business Payment Methods used (including the Business Application and Dashboard Business), to confidential data related to the provided payment services and to data on individual payment transactions in favor of the Merchant. Violation of these instructions may significantly impact settlement of any complaint about a payment service or a specific payment transaction filed by the Merchant. Any action of a person authorized by the Merchant to use the Business Payment Methods on their behalf is considered to be an action of the Merchant.
2.2. Merchant's Registration
2.2.2. The provision of the payment service to the Merchant is subject to the statutory condition of the Merchant's identification. Therefore, Trisbee cannot provide the required payment services to the Merchant without verification of their identity and without verification of other statutory data concerning the Merchant.
2.2.3. Identification pursuant to the AML Act consists in:
(i) verification of the Merchant's identity
- verification of the identity of the Merchant who is a natural person from the natural person's identity document;
- verification of the identity of the Merchant who is a legal entity from a document proving existence of the legal entity and, at the same time, verification of the identity of the natural person acting on behalf of the Merchant who is a legal entity (statutory body of the legal entity, or person authorized in writing to act on behalf of the legal entity) and/or, if the statutory body or its member or the controlling entity of the relevant legal entity is another legal entity, it is necessary to verify the identity (identification data) of this legal entity.
Verification of identity is performed based on the data communicated by the Merchant, on the submitted identity documents and, at the same time, based on publicly available data on the Merchant.
(ii) verification of existence of a bank account held in the name of the Merchant; and
(iii) performing of a verification payment through the Merchant's bank account as specified under (ii) above.
2.2.4. Trisbee is entitled to request from the Merchant to communicate and/or document further facts concerning the Merchant or the goods or services offered thereby, that the Merchant intends to accept non-cash payments for from the Merchant's Customers and the Users. The reason for that consists in the contractual relationship concluded between the Merchant and Trisbee constituting the Merchant a business partner of Trisbee; another reason may be the need for Trisbee to comply with obligations arising from contractual relationships with entities involved in the provision of the payment services (eg payment gateway provider) and, at the same time, general prevention of risks by Trisbee as an entrepreneur. Trisbee always requires communication and/or substantiation of only those facts that are strictly necessary for the above reasons; processing and archiving of all data on the Merchant always takes place in accordance with legal requirements and based on strictly set Trisbee internal rules. If Trisbee requests the Merchant to communicate and/or substantiate further facts for the above reasons, the Merchant is obliged to communicate and / or document these facts.
2.2.5. Trisbee will guide the Merchant through the identification procedure either as part of the Merchant's registration on the Trisbee website or via email messages containing relevant instructions and guidelines. Similarly, Trisbee will guide the Merchant through the provision of further required facts according to Article 2.2.4 of these Business Terms and Conditions. In case of any confusion regarding the identification procedure or the provision of further information and/or materials, the Merchant may use Trisbee customer support; the contacts are listed both on www.trisbee.com and in the Business Application.
2.2.6. Trisbee carries out identification and verification of further facts according to Article 2.2.3. and 2.2.4. of the Business Terms and Conditions without undue delay upon receiving the necessary data and documents from the Merchant. Once the identification and verification are completed, Trisbee shall decide whether the Merchant shall be approved or not. The Merchant is notified about the decision by email. The Merchant's approval is non-compulsory and is always at the discretion of Trisbee, according to the specific circumstances of each individual Merchant.
2.2.7. If the Merchant is approved, Trisbee immediately ensures the Merchant's registration in the Trisbee payment system. In the next step, the Merchant may start the Business Application according to Art. 2.3.3. of these Business Terms and Conditions.
2.2.8. Based on the new registration, Trisbee will generate the Merchant's unique QR code used for easy acceptance of payments from the Merchant's Customers and Users. If Trisbee and the Merchant agree so, the Merchant may have several QR codes assigned in the Trisbee payment system, for instance intended for the individual Merchant's establishments or with different predetermined payment amounts. Trisbee shall deliver the generated QR code to the Merchant as agreed thereby, usually by email.
2.2.9. Upon completion of the registration, the Merchant may be granted access to the Dashboard Business web application (see also 1.3.3. of the Business Terms and Conditions). The Dashboard Business contains information concerning payment transactions entered in favor of the Merchant, or other information concerning payment services provided to the Merchant by Trisbee. If the Merchant is granted access to the Dashboard Business, Trisbee usually provides the Merchant with a login link by email.
2.2.10. In justified cases, based on amendments to statutory requirements or as part of a regular or random inspection, Trisbee shall be entitled to perform identification and verification of the Merchant during the term of the contractual relationship. In such cases, the Merchant shall be obliged to undergo the repeated identification and/or verification, while the prior approval has no effect on the result of the present identification and verification of the Merchant.
2.2.11. Trisbee is entitled to decide about disapproval of the Merchant and, if necessary, on the temporary blocking, restriction or termination of the use of payment services in the event that:
(i) the Merchant does not provide the information and documents required for identification and/or verification of the Merchant;
(ii) the Merchant does not meet the conditions for the provision of the payment service pursuant to Article 2.3.1. of these Business Terms and Conditions;
(iii) on the basis of verification of all information and documents provided by the Merchant, there may be reasonable doubts about veracity and authenticity of the facts and documents provided by the Merchant or if Trisbee has reasonable doubts about credibility of the Merchant or their business activities;
(iv) the provision of payment services to the Merchant might potentially cause damage to Trisbee, including both material (risk of financial loss, risk of liability for damage caused to business partners or third party, etc.) and non-material (risk of damage to Trisbee's reputation, risk of damage to business relations of Trisbee with third parties, etc.) harm;
(v) the provision of payment services to the Merchant, or the execution of a specific payment transaction entered by the User in favor of the Merchant is not compatible with the moral, generally human or business values which Trisbee insists on adhering to.
Trisbee shall notify the Merchant of the reasons for the Merchant's disapproval, for termination of payment services, temporary blocking or restriction of the provision of payment services, or refusal to perform a specific payment transaction only in such a way and to such an extent as to protect the content of Trisbee's verification procedure and in order to ensure the effectiveness thereof.
2.3. Installation and Activation of the Business Application and Conditions of Using Trisbee Payment Services
2.3.1. Trisbee provides the Business Application for downloading via Google Play (for android) and the Apple Appstore (for iOS). Installation of the Business Application is conditional on the possession of a mobile device with a supported operating system, a SIM card of a mobile operator providing services within the EU and an Internet connection. The merchant must be at least 18 years old and must have a bank account held in their name opened with a trusted banking institution (operating in their home country or within the EEA).
2.3.2. The precondition for starting of the Business Application is the Merchant's registration by Trisbee into the Trisbee payment system according to Article 2.2.7. of these Business Terms and Conditions.
2.4. Acceptance of Payments by the Merchant
2.4.1. The Merchant's Customer and the User may enter payment orders in favor of the Merchant, in particular using the User Application or another method offered by Trisbee to remit payments to the Merchant registered with Trisbee.
2.4.2. When paying with the Application, the Merchant's Customer or the User selects the specific Merchant either by searching in the list of Merchants in the Application or by scanning the QR code of the Merchant (see Article 2.2.8. of the Business Terms and Conditions). In the next step, they enter the amount of the payment and confirm their specifications in the User Application by pressing the "Pay" button. The Merchant's Customer or the User thus completes the payment order.
2.4.3. The Merchant acknowledges that the Merchant's Customers or the Users may have set maximum limits for payments in the Application in accordance with the current provisions of the AML Act, or security limits set by Trisbee in order to prevent fraudulent payment transactions.
2.4.4. After the Merchant's Customer or the User enters an order to make a payment in the User Application, the transaction is registered in the Trisbee system. The successful acceptance of the payment order is confirmed to the payer in the User Application and an assigned unique transaction code is delivered thereto. In such a case, the Merchant is notified in the Business Application of the payment registration and, at the same time, of the identical assigned unique transaction code.
2.4.5. The Merchant acknowledges that upon their notification of the payment registration in their favor, Trisbee shall always review the transaction for relevant provisions of the AML Act, ie Trisbee shall always check whether it is a suspicious payment transaction, and shall verify, based on available information about the payer and the Merchant or other information, whether it is a risky transaction in terms of possible fraud.
2.4.6. If the payment transaction is verified and it can be concluded that it is not a suspicious or risky transaction, Trisbee processes the payment order of the Merchant's Customer or the User and sends the relevant amount in favor of the Merchant's (verified) bank account no later than the next business day in accordance with Article 2.7. of these Business Terms and Conditions. Otherwise, ie if the verification suggests that the payment transaction might be suspicious and/or risky, Trisbee shall proceed in accordance with Article 2.5. hereof.
2.5. Suspicious and Risky Transactions
2.5.1. In the event that Trisbee, based on verification of a payment transaction entered in favor of the Merchant in accordance with Article 2.4.5. herein, concludes that the payment transaction is suspicious and/or risky (if there is a justified suspicion of fraud),
(i) processing of the transaction is immediately suspended
and, at the same time,
(ii) Trisbee immediately contacts the payer and/or the Merchant, requesting further information on the entered payment order and submission of supporting documents relating to the transaction. Trisbee contacts these persons by phone and/or via SMS and/or email, and may choose any or all of these methods in order to do its best to reach the person contacted as quickly as possible.
The reason for verifying the entered payment order primarily consists in fulfillment of statutory obligations relating to Trisbee (as a mandatory payment institution) under the AML Act and in protection of legitimate interests of the company as an entrepreneur against fraud, whether committed against Trisbee or through Trisbee. The purpose of the verification is to obtain additional information and documents, on which Trisbee may base their decision on further processing of the entered payment order or rejection of the payment order.
2.5.2. The Merchant acknowledges and understands that Trisbee is entitled to request the payer and/or the Merchant to communicate to Trisbee the facts and to provide Trisbee with all relevant documents relating to the payment order entered by the payer in the User Application. Both the payer and the Merchant are obliged to provide Trisbee with proper and timely cooperation. Proper cooperation means provision of complete, unbiased and truthful information and documents related to the verified payment transaction. Timely cooperation means cooperation provided without delay and no later than by the end of the 3rd working day after the day on which Trisbee demonstrably requested the cooperation of the person(s) concerned.
2.5.3. In the event that the payer and the Merchant jointly or separately remain out of contact or if they do not provide any information and documents or provide insufficient, distorted or misleading information and documents concerning the verified payment transaction by the deadline specified in the previous Art. 2.5.2. hereof, Trisbee may - as a result of such behavior - consider the verified payment transaction suspicious and risky. In such a case, Trisbee is entitled to refuse processing of the payment order entered by the payer. The decision on refusal of the payment transaction mediation by Trisbee shall be notified without delay to the payer and/or the Merchant. In such a case the payment shall not be remitted to the Merchant.
2.5.4. In situations where the payer, or the Merchant provide complete, unbiased and true information and documents relating to the verified payment transaction by the deadline according to Art. 2.5.2. hereof, Trisbee shall decide without undue delay, based on assessment of all facts and documents:
(i) to complete processing of the payment order entered by the payer so that the payment is remitted to the Merchant in accordance with Article 2.4.6. hereof, if the doubts about the payment transaction are dispelled based on the information and documents provided;
(ii) to refuse mediation of the payment transaction in question if, based on the information and supporting documents provided, Trisbee concludes that the payment transaction is suspicious and/or risky. The decision on refusal of the payment transaction mediation by Trisbee shall be notified without delay to the payer and/or the Merchant. In such a case the payment shall not be remitted to the Merchant.
2.6. Complaints about Payment Transactions, Cancellations and Refunds
2.6.1. If the Merchant thinks that a specific payment credited to the Merchant's bank account does not correspond with the payment order entered by the payer and with the notification in the Business Application, or that the Merchant has not received the payment entered by the payer and notified to the Merchant in the Business Application, or that the Merchant has not received not even the notification of the payment they are persuaded the payer entered for payment, the Merchant may complain about the payment transaction with Trisbee.
2.6.2. The Merchant is entitled to file a complaint about a specific payment transaction with Trisbee without undue delay after finding out about the reason for the claim, but no later than within 13 months from the day when the payment transaction was notified to the Merchant in the Business Application or, in absence of such a notification, within 13 months from the date that the payer placed the payment order in favor of the Merchant.
2.6.3. Trisbee may require completion of a payment transaction claim form. If the form is unavailable the Merchant's complaint shall include at least the following information:
- identification data (the Merchant's name, surname or the Merchant´s legal entity name, telephone number and email);
- identification of the transaction that the complaint relates to - indication of the unique transaction code (if received by the Merchant), date and amount of the transaction;
- the reason(s) for filing of the complaint;
- description of circumstances relating to the claimed payment transaction;
- what remedies the Merchant seeks.
The Merchants submit their complaint electronically by email to firstname.lastname@example.org or in writing to the address: Trisbee s.r.o., Kamenická 33, Prague 7 - Holešovice, postal code 170 00 , or electronically by personal databox - ID DS Trisbee s.r.o.: ghwkp68.
2.6.4. If a complaint submitted by the Merchant contains all the data necessary for it to be checked by Trisbee (Art. 2.6.3. of these Business Terms and Conditions), Trisbee undertakes to settle the complaint within 1 month from the day that the Merchant's complaint was demonstrably delivered to Trisbee. Trisbee always informs the Merchant that their complaint was received by Trisbee and when, that it was registered and that it will be settled within 1 month. If a complaint filed by the Merchant lacks data needed for verification of the claimed payment transaction, or if it is necessary that the Merchant clarifies certain facts or submits relevant documents, Trisbee contacts the Merchant in order to ensure completion of such facts and documents. In that case, the deadline for settling of a complaint may be adequately extended by the time period of waiting by Trisbee for communication of the required complementary facts and for documents indispensable for settlement of the complaint from the Merchant. If the Merchant does not communicate the complementary facts and/or does not provide indispensable documents to Trisbee within 1 month of a notice for completion delivered by Trisbee, without indicating the reason for such a delay and for requesting alternative deadline for communication and substantiation of complementary facts, Trisbee shall terminate the complaint procedure and shall notify the Merchant thereof. Trisbee shall not be obliged to investigate a complaint if the claim notice does not indicate clearly who is filing the complaint and if the person concerned has not provided their contact details.
2.6.5. After examining all the facts and documents provided by the Merchant in the filed complaint and/or the facts and documents from Trisbee's internal records, Trisbee shall decide on settlement of the complaint by concluding that the complaint is either:
(i) justified and therefore shall comply with the complaint, ie shall inform the Merchant that their complaint is justified and shall immediately take all necessary actions leading to elimination of the claimed status of the payment transaction; these actions may vary depending on the nature of the complaint;
(ii) unjustified and therefore shall reject the complaint, ie shall inform the Merchant that their complaint has been found unjustified and shall indicate substantial reasoning of the decision;
(iii) partially justified and therefore shall comply with the complaint to a certain extent, ie shall inform the Merchant that their complaint is justified to a certain extent, shall specify the justified part of the complaint and shall immediately take all necessary actions leading to elimination of the reasonably claimed status of the payment transaction (specific actions may vary depending on the nature of the complaint). Trisbee shall further inform the claimant that the remainder of the complaint was found unjustified and shall indicate substantial reasoning of the decision.
2.6.6. If the Merchant requests Trisbee to cancel a payment order entered in favor of the Merchant or to refund the payment made by the payer in favor thereof , the Merchant is obliged to indicate:
- identification data (the Merchant's name, surname or the Merchant´s legal entity name, telephone number and email);
- identification of the transaction that the cancellation/refund relates to - indication of the unique transaction code, date and amount of the transaction;
- the reason(s) for requesting cancellation or refund.
A request for cancellation of a payment transaction may only be submitted on the day of entering of the payment transaction in question by the payer in favor of the Merchant; however, if Saturday, Sunday or public holiday follow the day according to the previous sentence, cancellation of the payment transaction may be requested by the end of the day followed a business day. A request for a refund may be submitted no later than 3 months from the date that the payer submitted the payment order in favor of the Merchant in question. The Merchants submit their requests for cancellation or refund electronically by email to email@example.com or in writing to the address: Trisbee s.r.o., Kamenická 33, Prague 7 - Holešovice, postal code 170 00 , or electronically by personal databox - ID DS Trisbee s.r.o.: ghwkp68.
2.6.7. Trisbee shall cancel a payment transaction or refund a payment at the Merchant's request only with the express consent of the payer. If the User agrees with the cancellation of a specific payment transaction or with the refund of a payment, the Merchant shall be obliged, if the payment has already been credited to their bank account, to return the amount of the payment in question to the Trisbee's bank account which they received the payment from. Upon returning the payment, Trisbee shall credit the amount of the payment in question back to the payer's bank or payment account, thus no later than the next day after the payment returned by the Merchant was credited to the Trisbee's bank account.
2.7.1. Trisbee charges the Merchant a service fee (hereinafter referred to as the " Fee") depending on the variant of services provided by the Merchant and depending on the conditions of the chosen variant of services. Trisbee provides selected services free of charge. The amount of the Fee is governed by the current Trisbee price list available on the website https://www.trisbee.com.
2.7.2. The Fee is payable and the Merchant pays the Fee to Trisbee according to the bill sent to the Merchant by email.
2.7.3. At the beginning of each calendar month, Trisbee sends an email to the Merchant indicating the monthly summary of the payments received and the Fees paid by the Merchant to Trisbee for the services provided the previous calendar month. Payment service fees are not subject to value added tax and Trisbee does not issue any tax invoice in respect with the Fees paid. The monthly summary of Fees serves as a documentary proof of the provided payment services. This Article shall not apply to the extent that the Merchant and Trisbee agree on other conditions (different frequency of sending of the statements of received payments, or other form of the statements delivery).
2.8. Other Obligations of the Merchant
2.8.1. When using the Trisbee payment services, the Merchant is obliged to meet, among others, the following obligations:
- The Merchant may only use the Business Payment Methods to accept payments for their goods or services.
- The Merchant may not use the Business Payment Methods to provide payment services to other persons.
- If the Merchant accepts, using the Business Payment Methods, a transaction that raises suspicion that it could constitute money laundering or financing of terrorism, the Merchant shall immediately report this fact to Trisbee by email to firstname.lastname@example.org, or by any other appropriate means.
- Upon request, the Merchant is obliged to provide Trisbee and its business partners involved in the provision of payment services, and, where applicable, the relevant government authorities and institutions, with all necessary cooperation in analysis of the customers or payment transactions, thus to the extent required from Trisbee or its business partners by applicable law.
- The Merchant undertakes not to perform any activity that could allow thereto or the third parties to tamper with or misuse the Trisbee payment service system.
- The Merchant is obliged to treat each individual transaction made using any of the Business Payment Methods with due care and in case the merchant suspects any significant non-standard or fraudulent conduct on the part of the Merchant's Customer or the User, which could incur harm to Trisbee, third parties or the Merchant itself, the Merchant undertakes to report the payment transaction to Trisbee and not to accept it (eg in the form of a request to cancel the payment transaction or a request for a refund). Even if the Merchant does not reject the payment transaction, they are always obliged to report the suspected fraud to Trisbee without delay by email to email@example.com, or by any other appropriate means.
- The Merchant is obliged to provide proper and timely cooperation if Trisbee evaluates specifically identified payment transactions in favor of the Merchant as suspicious and risky (regardless of the nature of such a suspicion) and therefore requests the Merchant to disclose information related to the transactions and to submit documents related to to the transactions in question.
2.8.2. Indication of the Use of Trisbee Payment Services
The Merchant undertakes to visibly indicate the use of Trisbee payment services:
- at its establishment by placing the logo of the Trisbee payment service system both outside the establishment (eg in the shop window, on the door, etc.) and inside (eg at the cash register), and by placing the notice in the establishment about the possibility to use Trisbee cashless payment service via mobile phone;
- on their website, social networks and wherever the Merchant offers its goods or services , if the merchant is the operator of the e-sale of goods or services in question.
Trisbee will provide the Merchant with all necessary materials used to indicate Trisbee payment services, in the form of stickers, printed and electronic QR codes, banners, etc.
If the contractual relationship with Trisbee is terminated, the Merchant is obliged to immediately remove all materials indicating the Trisbee payment system, including the Trisbee logo and QR code, from its premises and from all the websites, social networks and e-sales points managed thereby.
The Merchant acknowledges that all elements of the Trisbee payment services system are a copyrighted work created by Trisbee (unless stated otherwise) and are protected by copyright.
2.8.3. If the Merchant breaches any of the above obligations (Articles 2.8.1. and 2.8.2. of these Business Terms and Conditions), Trisbee is entitled to immediately suspend and/or subsequently terminate the provision of payment services to the Merchant. In the event that Trisbee suspends the use of payment services to the Merchant, Trisbee shall notify the Merchant thereof without delay, including the reasons for the suspension of the payment services provision. The Merchant shall also be notified of any termination of the provision of payment services. Where possible and appropriate in a particular case, the provision of Trisbee's payment services to the Merchant shall be first suspended to the Merchant upon their breach of obligations, notified of the fact and invited to rectify or explain the deficiencies within a specified period. Only if, within the set time limit, the deficiencies are not rectified by the Merchant, their actions are not explained in any way or the explanation is insufficient or does not justify the Merchant's actions leading to the breach of their obligations, Trisbee will terminate provision of payment services to the Merchant and will notify the Merchant of this decision. The decision is always at the discretion of Trisbee.
SECTION 3 – OTHER ARRANGEMENTS
3.1.1. The merchant is fully liable for any damage (both material and non-material) caused by their actions to Trisbee, persons related to Trisbee involved in mediation of payment services, or the Merchant's Customers and Users, if the Merchant inflicts the damage:
(i) by intentional fraud;
(ii) by negligent conduct, including but not limited to insufficient security of the device in which the Business Application is installed so that a third party may access information on payment transactions registered in the Business Application without authorization granted by the Merchant;
(iii) by failing to notify Trisbee of the facts concerning the leak of information on payment transactions registered in favor of the Merchant, where the Merchant is aware of the leak of information or should have been aware thereof if acting with reasonable diligence.
3.1.2. Trisbee is fully liable to the Merchant for proper and timely mediation of any payment transaction successfully entered by the payer (payment order) and notified to the Merchant if it is not deemed suspicious and/or risky. However, Trisbee is not liable for any damage that has occurred:
(i) due to circumstances which Trisbee could not have reasonably foreseen nor influenced (force majeure);
(ii) by fulfilling legal obligations imposed on Trisbee;
(iii) by actions of an entity other than Trisbee, which Trisbee could not have reasonably foreseen or influenced and therefore cannot be attributed to Trisbee - including but not limited to the actions of the banking institution responsible for clearing of the payment or of the telephone operator providing telephone and internet connection;
(iv) by actions of Trisbee constituting standard procedures of payment services mediation that the Merchant must be aware of if they got acquainted with the content of these Business Terms and Conditions.
3.1.3. Trisbee is in no way responsible for the security, legality, quality or other properties of the Merchant's goods or services purchased through payment by means of Trisbee. The Merchant is obliged to resolve all complaints directly with the Merchant's Customer or with the User. In the event that, based on a complaint about goods and/or services filed by the Merchant's Customer or by the User, the price of goods and/or services paid originally through a Business Payment Method is to be (in full or partially) refunded, Trisbee may mediate the refund of the relevant amount in accordance with the agreement between the payer and the Merchant in favor of the payer's bank/payment account, however only in the case of their mutual express consent and, at the same time, after the Merchant returns the amount of the acknowledged claim (up to the amount of the original payment) increased by any Fees charged to the Merchant for the payment service (the Fees belong to Trisbee even in the event of a complaint) to the Trisbee's bank account from which it was originally paid to the Merchant.
3.2.1. All and any communications, notices or documents sent by Trisbee to the Merchant shall be primarily served to the email address entered by the Merchant within the scope of their registration, or to the email address notified by the Merchant, or by means of the Business Application, or by means of Dashboard Business (if the Merchant has Dashboard Business established).
3.2.2. If the matter allows no delay (eg verification of a suspicious or risky transaction) or if it is common and appropriate in view of the specific situation, the Merchant acknowledges that they may also be contacted by Trisbee by phone, via SMS to the phone number entered within the scope of the registration in the Business Application or to another contact telephone number communicated by the Merchant, via Facebook social network, or in another suitable way.
3.2.3. The Merchant may contact Trisbee through all available channels indicated by Trisbee on the website, social media profiles or other communication channels managed by Trisbee, unless a specific method of communication and delivery of requests, communications or other documents is set out for a specific circumstance in these Business Terms and Conditions (eg filing of a complaint according to Art. 2.6.3. of these Business Terms and Conditions).
3.3. Changes to Merchant Data
3.3.1. The Merchant is obliged to notify Trisbee of any change in their identification data or contact details (change of name, surname, trade name, email address, etc.) as well as any change to their business activities, if those affect granting of payment services to the Merchant (changes in the subject of business activity, change of registered office, changes concerning the Merchant's business premises, declaration of insolvency, commencement of liquidation, changes concerning the authorization to conduct business activities, etc.). At the same time, the Merchant is obliged to notify Trisbee and, if necessary, to document to Trisbee all changes to other facts which Trisbee verified with the Merchant within the identification and which Trisbee is obliged to register about the Merchant pursuant to the AML Act (change of permanent address of the Merchant/ Merchant's CEO, change of the merchant's bank account number, etc.). If new identity documents (ie the identity card and the second supporting identity document submitted by the Merchant/ Merchant's CEO as part of the identification) have been issued to the Merchant/ Merchant's CEO in the meantime since the identification, the Merchant/ Merchant's CEO is obliged to provide these to Trisbee too.
3.3.2. The Merchant is obliged to notify Trisbee of and to document the change(s) of these data no later than 10 working days from the day that the change of the given fact(s) occurred.
3.4.1. The Merchant hereby acknowledges that their communication language with Trisbee primarily is the language in which the Merchant has set up the device with the downloaded Business Application, if the language is an official language of the country in which Trisbee provides its services. If the Merchant's device is set in another language, the communication language between Trisbee and the Merchant is English. By agreeing to these Business Terms and Conditions, the Merchant expressly confirms that they understand the language in which they have downloaded the Business Application and in which Trisbee communicates therewith.
3.4.2. Notwithstanding Article 3.4.1. hereof, the Merchant shall choose from the options available thereto in the Business Application the language version of the Business Terms and Conditions that they unreservedly understand and expressly confirm by agreeing with the Business Terms and Conditions that they understand all terms of the payment services provision and with all their rights and obligations arising from conclusion of the contractual relationship with Trisbee.
3.4.3. Business conditions are drawn up in Czech and English. All other language versions of these Terms and Conditions are mere translations of the Czech or English version. In case of discrepancies or conflicts between the Czech or English version and other language versions, the Czech or, as the case may be, English version prevails.
3.5. Confirmation under the AML Act
3.5.1. By agreeing to these Business Terms and Conditions, the Merchant confirms that they are not a politically exposed person in the sense of Section 4 (5) of the AML Act. By politically exposed person, the AML Act means a natural person who holds or held significant public office of national or regional significance, as well as persons closely related to or otherwise connected with such a person.
3.5.2. If the Merchant is unsure whether and under what conditions they can use the Trisbee services they may contact Trisbee at any time, and the circumstances concerning the conditions stipulated by the AML Act shall be jointly verified by Trisbee and the Merchant.
3.6. Technical Requirements
3.6.1. Trisbee may set technical requirements that the Merchant is required to comply with when implementing and using the Business Payment Methods. These requirements may change from time to time. These may be, in particular, technical requirements for a specific technical solution of the Merchant's system connection to the API.
3.6.2. The Merchant is obliged to comply with the specified technical requirements without undue delay after being notified by Trisbee thereof, no later than by the deadline announced by Trisbee together with the specified (new) technical requirements. If the Merchant does not meet the technical requirements, they are not entitled (to continue) to use the specific Business Payment Methods for which these requirements are set. If the (new) technical requirements represent a significant difficulty or restriction for the Merchant's use of the Business Payment Methods, the Merchant is entitled to terminate the payment services contract unilaterally at any time.
3.7. Availability of Payment Services
3.7.1. Trisbee hereby expressly warns that it does not guarantee a specific scope or availability of the Trisbee payment services or a specific Business Payment Method.
3.7.2. As part of regular maintenance of the Business Application and other Business Payment Methods, including but not limited to technology alterations, technical problems, cyber attacks to the system of payment transactions processing, substantial increase in number of unauthorized or fraudulent payments or significant decrease in demand for a certain Business Payment Method, Trisbee is entitled to reduce or discontinue operation of the Business Application or of a certain Business Payment Method. The Merchant shall not have right to compensation for damage potentially arisen thereto from the restriction or discontinuation of operation(s) as a result of the described facts.
3.7.3. Trisbee shall make every effort to inform the Merchant of the restriction or discontinuation of operation of the Business Application or of another Business Payment Method in a timely and appropriate manner. In the case of planned updates to the payment system, Trisbee informs the Merchant in advance, in particular via an email message, a message in the Business Application or by means of Dashboard Business. In the event of unexpected events restricting operation of the Business Application or certain Business Payment Methods, this provision shall not apply. However, Trisbee undertakes to make every effort to immediately resolve any unexpected restrictions of certain features of the Trisbee payment system and, at the same time, to inform the Merchant thereof in an appropriate manner, if the case in question enables to do so.
3.8.1. In the event that the Merchant is not in any respect satisfied with the payment services provided by Trisbee, they are entitled to address their complaint directly to Trisbee, in particular by email to firstname.lastname@example.org. In order for Trisbee to deal with a Merchant's complaint, the complaint must contain at least:
- the Merchant's identification data (in particular the Merchant's name and surname/ Merchant´s legal entity name, Commercial Registration No. and telephone number);
- description of the facts and reasons which are the subject of the complaint made by the Merchant;
- the Merchant's proposal on resolving the situation that is the reason for the filed complaint.
Trisbee shall confirm to the Merchant the receipt of the complaint and shall investigate it immediately, or shall request additional information or documents from the Merchant concerning the filed complaint, and shall notify the Merchant of the result of the investigation no later than 15 days from the date of the complaint receipt. The deadline for investigation of a complaint shall be adequately extended by the time for which Trisbee waited for the delivery of additional information and/or documents that are necessary for the investigation and decision-making about the complaint in question. If the Merchant is not satisfied with the Trisbee's decision about the complaint, they are entitled to resolve the matter in another available way in accordance with applicable law.
3.8.2. The Merchant also has the right to file a complaint with the Trisbee supervisory authority, which is the Czech National Bank, Na Příkopě 864/28, 115 03 Prague 1. For more information about the CNB's activities as a supervisory authority, see: https://www.cnb.cz/en/supervision-financial-market/.
3.9. Duration of the Agreement and Amendments to the Terms and Conditions
3.9.1. By concluding the agreement according to Article 1.1. hereof, the Merchant confirms to have been provided with all necessary information relevant for their decision-making about entering into an agreement with Trisbee before actual conclusion of the contractual relationship; furthermore, the Merchant confirms to have read these Business Terms and Conditions in advance of the agreement conclusion, to understand the entire contents of the Business Terms and Conditions, to perceive the Business Terms and Conditions as specific and comprehensible, and that the individual rights and obligations arising from the contractual relationship with Trisbee are entirely clear thereto.
3.9.2. The agreement between the Merchant and Trisbee is concluded for an indefinite period. Both Trisbee and the Merchant are entitled to terminate the agreement at any time by notifying the other party. The notice period is 1 month. Termination of the operation of the Trisbee payment system is also considered termination of the Agreement.
3.9.3. The notice period according to Article 3.9.2. of the Business Terms and Conditions starts from the day following the delivery of the notice to the other contracting party and ends after 1 month. In the event that the Merchant or Trisbee have any due and outstanding commitments to the other party, the parties are obliged to settle such commitments no later than 1 month from the date of the agreement termination.
3.9.4. Trisbee has the right to unilaterally amend these Business Terms and Conditions at any time. By expressing consent to the proposed amendments to the Business Terms and Conditions, or tacitly by the Merchant not communicating to Trisbee within a predetermined period of time their disagreement with the proposed wording of the Business Terms and Conditions, the parties' rights and obligations change in accordance with the new wording of the Business Terms and Conditions. Any amendment to the Business Terms and Conditions shall be binding for the Merchant if Trisbee notified the Merchant thereof in advance so that the Merchant had the opportunity to get acquainted with the amendment. Notifying of an amendment to the Terms and Conditions means publishing of a notice on the Trisbee website, including publishing of the new version of the Terms and Conditions, and simultaneous notifying of the new Terms and Conditions in the Business Application, in the Dashboard Business and/or sending of a notice about the amendment to the Business Terms and Condition to the Merchant's email box, including publishing of the new version of the Business Terms and Conditions. Any amendment to the Business Terms and Conditions shall take effect 1 month after the date of notification thereof, unless Trisbee specifies a later effect in the notification. If the Merchant does not agree with an amendment to the Business Terms and Conditions, they may terminate the agreement at any time after notification of the amendment and before the day preceding the effective date of the amendment in question to the Business Terms and Conditions. No change to the Business Terms and Conditions is effective for the Merchant during the notice period. Termination of the agreement for this reason nevertheless in no way affects the obligation of both the Merchant and Trisbee to settle the due and outstanding commitments to the other party within 1 month from the date of the agreement termination.
3.9.5. All rights and obligations arising from or in connection with the contractual relationship concluded between the Merchant and Trisbee, the content of which is provided for under these Business Terms and Conditions, are governed by the laws of the Czech Republic, regardless of where the access to the Trisbee payment service was made. Any disputes arising between the Merchant and Trisbee will be resolved before the relevant courts of the Czech Republic.
3.9.6. If any of the provisions of the Business Terms and Conditions is or becomes invalid or ineffective, such invalid/ineffective provision shall be replaced by a provision the meaning of which is as close as possible to the economic purpose of the invalid or ineffective provision. Invalidity or ineffectiveness of any provision shall in no way affect the validity and effectiveness of the other provisions hereof. Invalidity or ineffectiveness of a provision in a sole relation to a particular entity or group of entities shall in no way affect the validity and effectiveness of this provision in relation to other entities.
3.9.7. The Merchant acknowledges that Trisbee is entitled to assign at any time its rights and obligations arising from the contractual relationship with the Merchant to another entity. In such a case, Trisbee is obliged to notify the Merchant of this fact in advance, and it is guaranteed that the Merchant will retain all their rights and obligations towards the new entity. When this case happens, the Merchant has the right to terminate the agreement by the effective date of the rights and obligations assignment to the new entity.
These Terms and Conditions enter into force and take effect on 1 February 2021.