Terms and Conditions Trisbee.com
Last change: 7/30/2020
PART 1 - INTRODUCTION AND BASIC TERMS
1.1 Trisbee System
Trisbee is a payment service system designed for payment service users who want to send and receive payments over the mobile network, in particular using the Trisbee mobile app (“App”), and for merchants who want to receive payments over the mobile network and manage the accepted payments using the advanced features available through Trisbee Go payment app (“Merchant App”). Besides that, Trisbee allows payments through a plug-in that the payee can place on their website (“Plugin”) or (iii) by an access to the operator's server through the application programming interface (“API”).
1.2 Who shall observe these Terms and Conditions?
- Trisbee s.r.o., registered office at Vokovice, K Červenému vrchu 678/1, postal code 160 00, Business Reg. No.: 04775660, registered in the Commercial Register with the Municipal Court in Prague under file number C 306886 (“Operator” or “We/Us”), as the payment service provider. For more information about the Operator see Article 5.5.
- Anyone who agrees to these Terms and Conditions in order to use the payment services of the Operator (“User”).
- Any merchant who concludes a payment service agreement with the Operator (“Merchant”).
- Anyone who uses the Application, Plugin or API to pay to the Merchant using the Trisbee system and does not use the Operator’s payment services (“Merchant’s Client”).
PART 2 - FOR MERCHANT’S CLIENTS
2.1 Relationship between the Operator and the Merchant's Client
Even if a User installs the Application and even if he/she has a payment account with Us, We do not provide any payment service thereto (and he/she therefore does not pay Us a fee) if he/she pays, using the Application, Plugin or API, to a Merchant who is registered in the Application or uses the Plugin or API to receive payments. In such a case, the Application, Plugin, or API serve as the Merchant's payment terminal and not as the Merchant’s Client’s payment instrument.
PART 3 - FOR USERS
3.1 Conclusion of an agreement with the User
These Terms and Conditions regulate the rights and obligations of the Operator and the User under the Framework Agreement on Payment Services, which these parties enter into by agreeing that the User agrees, based on the Operator’s suggestion, to these Business Terms and Conditions (“User Agreement”). The actual Framework Agreement on Payment Services is not drawn up at the conclusion thereof and its content is determined by identification of the parties and by these Terms and Conditions. However, in certain circumstances, the Operator and the User may conclude the actual Agreement as a separate document referring to the Terms and Conditions herein.
3.2 What does the User get from the Operator?
The Operator develops and operates the Application that the User may install and use to perform payments to other persons via the mobile telephone network, or to receive payments from other Users. The Operator provides the User with payment services in the following variants.
Option (A): I pay by card to other Users (except Merchants) for their goods and services (the Payer pays no fee to the Operator, and the service is therefore free of charge)
The User enters a payment order by specifying the transferred amount and the Czech recipient's mobile phone number (or by selecting from the User’s contact list) into the Application and, at the same time, releases the transferred amount with his/her credit card. In the legal language this means that the Operator provides the User with a payment service of money remittance via the mobile network. Right after the User enters the order into the Application, the Operator deducts the required amount from the entered payment card and sends an SMS to the entered mobile number of the payee (or a message to the Application if the payee has it installed) informing on the payment parameters and on how to accept the payment. If the payee has a Trisbee payment account (as described under Article (D)), the order is deemed received at the moment of entering thereof and We credit the transferred funds to the payee's Trisbee payment account. If the payee does not have a payment account, We offer him/her to open a Trisbee payment account or to have the amount transferred to a Czech bank account of his/her choice. A payment order is then deemed received when the payee notifies Us of a valid bank account number or when he/she opens a Trisbee payment account. We send the money to such a bank account or Trisbee payment account by the end of the next business day at the latest. If We are unable to accept the order within 30 days after it was entered (i.e. the payee either does not open a Trisbee payment account nor notifies us of a bank account number within this time limit), the User is regarded as having asked Us to open thereto a Trisbee payment account. If We respond to such a request, We open the Trisbee payment account according to Article (C) below, and we credit the amount needed for the performance of the the payment order, fee-inclusive. Otherwise, the relevant amount including the fee is returned to the User's credit card.
OPTION (A) LIMITATIONS:
This option entitles the User to send payments of up to CZK 6,000 per payment, up to the total limit of CZK 60,000 per calendar year and to use the Application only for the purchase of goods or services. If a User of option (A) of the service wants to pay for something other than goods or services, he/she shall opt for option (B) of the service . Similarly, if the User exceeds the aforementioned limit(s) We offer him/her the (B) option service.
Option (B): I pay by card for anything
This option works in the same way as option (A), except that before the User starts using the service, We must identify him/her in the procedure described under Article 5.1. After the User’s identification he/she may perform payments, including those others than for the purchase of goods and services.
Option (C): Operation of a payment account with the option to pay to other Users (except Merchants) for their goods and services (the Payer pays no fee to the Operator, and the service is therefore free of charge)
If someone is sending funds to the phone number of a person who has not got a Trisbee payment account, We can offer the addressee opening thereof. The Agreement on Operation of Payment Account is concluded by the User’s agreement with these Terms and Conditions. A User with a Trisbee payment account can receive payments from other Users and can make payments from his/her Trisbee payment account. If the transferred amount including the relevant fee is higher than the balance of the Trisbee payment account, We debit the remaining amount from the payer's card and transfer it to the payer's payment account with the Operator. Right after the User enters the order into the Application, the Operator sends an SMS to the entered mobile number of the payee (or a message to the Application if the payee has it installed) informing on the payment parameters and on how to accept the payment. If the payee has a Trisbee payment account, the order is deemed received at the moment of entering thereof and We credit the transferred funds to the payee's Trisbee payment account. If the payee does not have a payment account, We offer him/her to open a Trisbee payment account or to have the amount transferred to a Czech bank account of his/her choice. A payment order is then deemed received when the payee notifies Us of a valid bank account number or when he/she opens a Trisbee payment account. We send the money to such a bank account or Trisbee payment account by the end of the next business day at the latest. If We are unable to accept the order within 30 days after it was entered (i.e. the payee either does not open a Trisbee payment account nor notifies us of a bank account number within this time limit), We return the relevant amount designed for the payment order performance including the relevant fee to the Payer’s Trisbee payment account.
OPTION (C) LIMITATIONS::
This option entitles the User to send payments of up to CZK 6,000 per payment, up to the total limit of CZK 60,000 per calendar year and to use the Application only for the purchase of goods or services (the recipients need not be Merchants under these Terms and Conditions; they may be other Users or payees outside the Trisbee System). If a User intends to use the service to pay for something other than goods or services, he/she shall contact us in advance to discuss establishment of option (D) of the service. Similarly, if the User exceeds the aforementioned limit(s) We offer him/her the (D) option service.
Option (D): Operation of a payment account enabling payments for anything
This option works in the same way as option (C), except that before the User starts using the service, We must identify him/her in the procedure described under Article 5.1. After the User’s identification he/she may perform payments, including those others than for the purchase of goods and services. In addition to that, the User may transfer the balance of his/her payment account to his/her bank account upon entering of the bank account No. into the Application or through the web interface available from the Application at any time.
PART 4 - FOR MERCHANTS
4.1 Conclusion of an agreement with the Merchant
These Terms and Conditions govern the rights and obligations of the Operator and the Merchant under Agreement on Payment Services concluded thereby either in writing or by the act of providing the Merchant’s identification data thereby to the Provider and by the Merchant’s agreeing to these Terms and Conditions (the Merchant Agreement and the User Agreement hereinafter jointly referred to as “Agreement”). In the latter case, the actual Agreement on Payment Services is not drawn up and its content is determined by the parties’ identification, by the List of Fees for Merchants and these Terms and Conditions. Upon conclusion of the Agreement, the Operator identifies the Merchant pursuant to Article 5.1 below.
4.2 What does the Merchant get from the Operator?
The Operator develops and operates a device for receiving of payment instruments (“Payment Terminal”) in the form of an Application, Plugin or API, or in another form agreed between the Operator and the Merchant. The specific form of the Payment Terminal is determined by agreement between the Operator and the Merchant (for example, through its selection when placing an order or through its specification in the undersigned Agreement). If no specific form is determined, the Merchant provides the Payment Terminal in the form of the Application. The Operator provides the Merchant with the payment service and the services related thereto by issuing and operating of the Merchant’s Payment Terminal as the device for receiving of payment instruments. In course of this service provision, the Application, the Plugin and the API are a payment receiving device and the payment card is the User’s payment instrument issued to the payer by his/her payment service provider. In this case, the Operator does not provide payment services for the Merchant ‘s Client, but the Merchant alone. The Operator does not operate the Merchant’s Trisbee payment account.
4.3 How to pay?
Using the Application: If a Merchant’s Client has the Application installed in his/her mobile phone and has Internet access, he/she may use the Application to pay the amount required by the Merchant for the goods or services with his/her credit card by confirming of the amount to be paid to the Merchant. The Operator provides the Application through Google Play (Android) or Apple Appstore (iOS). Those who want to install the Application need to have a mobile phone with a supported operating system, a Czech mobile operator's SIM card and internet connection. Using the Plugin: The Merchant’s Client may use the Plugin to pay the amount required by the Merchant for the goods or services with his/her credit card by entering or confirming the amount paid and by entering or confirming the payment card identification information. The Merchant must be unequivocally identified on the website where the Plugin is located. The Operator may also introduce confirmation of payments by other technical means, in particular by verification via a mobile phone with a Czech mobile operator’s SIM card.
4.4 How will the money get to the Merchant?
The Operator receives payments by the Payment Terminal on behalf of the Merchant to the Operator’s bank account and sends them the next day at the latest to the Merchant's bank account specified thereby at the conclusion of the Agreement, or via the Trisbee Go mobile application (if it allows such option), or specified otherwise upon approval of the Operator.
4.5 Consideration for payment services
The Merchant is obliged to pay for the payment services a remuneration of 0% of each payment received through the Payment Terminal and the remuneration is payable at the moment when the Operator sends the received payment to the Merchant's bank account. The Merchant agrees that the Operator deducts the fee from the amount paid to the Merchant by the Merchant’s Client. After the end of each month, the Operator shall send to the Merchant a monthly overview of the payments received and of the fees paid by the Merchant for the Operator's services. The fees for the payment services are not subject to value added tax and the Operator shall not issue any tax document for the repaid fees. The monthly overview of payments confirms that the payment service has been provided. This Article shall not apply to the extent that the Merchant and the Operator agree on other terms and conditions of the provision.
4.6 Merchant’s obligations
- The Merchant may only use the Payment Terminal to receive payments for its goods or services.
- The Merchant may not use the Payment Terminal to provide payment services to other persons.
- If a Merchant accepts through the Payment Terminal a transaction that raises suspicions of legitimization of the proceeds of crime and/or financing of terrorism, he/she shall immediately report such circumstance to the Operator via e-mail at email@example.com.
- After termination of the contractual relationship with the Operator, the Merchant shall immediately remove the Plugin from its website and shall stop using designation of the Trisbee User and/or all other designations previously used in connection with the contractual relationship with the Operator.
- Upon request, the Merchant shall provide the Operator and its contractual partners and, as the case may be, government authorities and institutions, with all necessary cooperation in analyzing of clients or transactions to the extent required from the Operator or its contractual partners by virtue of law.
- The Merchant acknowledges that Trisbee is copyrighted. The Merchant undertakes not to engage in any activity that may allow him or third parties to tamper with or to use without authorization the Trisbee System. When using the Trisbee System, the Merchant is not entitled to use any mechanisms, software or other procedures that could adversely affect the operation thereof. The Trisbee System may only be used as intended.
- The Merchant shall visibly display the Trisbee logo in his/her shop, both from the outside (e.g. in a shop window, on the door) and inside the shop or at the checkout, as well as the information that it is possible to pay by card via a mobile phone using the Trisbee System in the shop. The Operator shall provide the Merchant with the necessary materials for posting, e.g. in the form of stickers, emails, etc.
4.7 Availability of Services
The Operator does not guarantee any specific scope or availability of the Trisbee payment services. In the course of regular Trisbee maintenance and of other technological changes, the Operator in particular has right to limit or completely interrupt the operation of the Payment Terminal and Trisbee services. The User shall not be entitled to claim any damage compensation in the event of such a limitation or interruption of operation or other technical difficulties of the Payment Terminal.
4.8 Operator’s technical requirements
The Operator may determine technical requirements that the Merchant must comply with when implementing and using the Payment Terminal, in particular the Plugin and the API. This may include, in particular, the technical requirements related to a particular technical solution of connecting the Merchant's system to the API. The Merchant must comply with the new technical requirements without undue delay after the Operator informed him/her thereof, no later than within the time limit announced by the Operator together with the new technical requirements. After the aforementioned deadline, the Merchant shall not have right to use the Payment Terminal and to receive payments from its customers without having set in operation the requested technical requirements. If the new technical requirements make it difficult to use the Payment Terminal or restrict the usage thereof, the Merchant may, in response to such technical requirements, terminate the Agreement on Payment Services with effect from the deadline for implementation of the new technical requirements.
PART 5 – FOR EVERYONE
This section applies to each User, Merchant and Merchant’s Client (“You”).
The Operator is a financial institution pursuant to the Czech Act No. 253/2008 Coll., on legitimization of proceeds of crime and financing of terrorism, as amended (“AML Act”). According to the AML Act, We must identify You if You are our client – the user of our payment services. Since We provide payment services through the public mobile phone network otherwise than by using electronic money, we do not need to make the identification of our clients if the value of an individual transaction does not exceed EUR 250 and, at the same time, if the total limit of payments made from one phone number per calendar year does not exceed EUR 2,500 and if all of these payments are solely for goods or services. That is why we distinguish between different variants of our services and it is necessary that you as our clients respect them. Your identification shall be carried out in one of the following ways:
- Without the client’s presence: on the condition that You submit electronic copies of two of Your identification documents and a document of operation of a bank account, which You shall use to pay the service activation fee of CZK 1.
- With the client’s presence: We will record the identification data and verify them against Your identity card. In doing so, we will verify the conformity of the client's resemblance with the representation in the identity card. In this case, You do not have to pay the service activation fee of CZK 1.
5.2 Confirmation pursuant to the AML Act
By agreeing to the Terms and Conditions, You confirm that You are not a politically exposed person within the meaning of Section 4 (5) of the AML Act. Otherwise, You can contact us in order to verify under what conditions You may use our services.
5.3 Advice for consumers
If You are a consumer (i.e. a natural person who, while using our services, is not acting within the scope of his/her business or other business activity or in the capacity of a self-employed person), you have the right to withdraw from the Agreement without stating reasons and without contractual penalty within 14 days from the date of the Agreement conclusion, provided that the Agreement has not been performed.
You may contact a Financial Arbiter of the Czech Republic (Czech Act No. 229/2002 Coll., as amended), with its registered office at Legerova 1581/69, 110 00 Prague 1, in re any disputes that may arise between Us and You when using Our payment services provided for in the Agreement.
5.5 About Us
The authority supervising our activities is the Czech National Bank, with its registered office at Na Příkopě 28, 115 03 Prague 1, Czech Republic. You have the right to address this supervisory authority with any complaint. We are a small-scale payment service provider. Proof of the Agreement contents is the record of your registration with Trisbee. By entering into the Agreement, you confirm that you were provided with all necessary pre-contractual information relevant to your decision to conclude the Agreement with Us prior to the conclusion thereof, that you have read these Terms and Conditions well before the conclusion of the Agreement, and that you understand the individual rights and obligations arising from the contractual relationship with Us.
5.6 Term of the Agreement and changes to the Terms and Conditions
The Agreement is concluded for an indefinite period. Both We and You may terminate the Agreement at any time by notifying the other party, or if We or You cancel Your registration, or if We terminate the operation of the Trisbee System. The Agreement shall terminate at the moment when You have no outstanding obligations or receivables under the Agreement, but no earlier than three months after cancellation of your Registration. Since the moment of Your registration canceling, We can limit the functionality of the Trisbee System to the minimum necessary to meet Your existing obligations and receivables. Each time You agree to the current Trisbee Terms and Conditions that have changed since the Agreement was entered into or since its previous amendment, the Agreement of the parties shall change in that You and We agree to comply with the current Trisbee Terms and Conditions. The Operator may amend these Terms and Conditions unilaterally and at any time provided that it notifies Aou of such an amendment through the Trisbee website or otherwise in the Trisbee System. The amendment shall take effect two months after its notification, unless the Operator determines later effect in the notification. If You do not agree with the amendment, you may terminate the Agreement at any time after the change has been notified and before the effective date of the amendment to the Terms and Conditions. Any unsettled liabilities incurred prior to the termination date shall be settled under the terms of the Agreement. All legal relationships arising out of or in connection with these Terms and Conditions shall be governed by the laws of the Czech Republic, regardless of where the access to the Trisbee System was perfomed. If any provision of the Terms and Conditions is or becomes invalid or ineffective, such invalid provision shall be replaced by a provision whose meaning is as close as possible to the economic purpose of the invalid or ineffective provision. The invalidity or ineffectiveness of any provision shall not affect validity and effectiveness of the other provisions. The invalidity or ineffectiveness of a provision only in respect of a particular entity or a particular group of entities shall not affect validity and effectiveness of this provision vis-à-vis other entities.