General terms of business
1. General and scope of application
1.1 dedified Germany UG (haftungsbeschränkt), Mühlenstraße 8a, 14167 Berlin (hereinafter referred to as the “Company” or “We”) provides its partners (hereinafter referred to as the “Partners”) and their associated customers (hereinafter referred to as the “Users “1 or “You”) with access to regulated payment service providers (hereinafter referred to as the “Payment Service Providers”), which are used by the Partners to process payment transactions.
1.2 The payment service provider for the purposes of these GTC is Mangopay SA, 2, Avenue Amélie, L-1125 Luxembourg and registered in the Luxembourg companies register under number B173459 (hereinafter “Mangopay”). Mangopay is an e-money institution authorised in Luxembourg.
1.3 The company is a commercial agent within the meaning of Art. 3 b) of the 2nd Payment Services Directive2. The company itself does not offer payment services or other banking or financial services requiring a licence.
2. Registration and conclusion of contract
2.1 In order to use our services, you must agree to these GTC and those of the payment service provider and register. Acceptance of the terms and conditions of the payment service provider is given with acceptance of our GTC.
2.2 You agree to the use and forwarding of information that serves your registration with our partner for the registration and use of our services and those of the payment service provider.
2.3 All information must be complete and correct. Changes must be communicated immediately via our website or the partner website or mobile applications.
2.4 We reserve the right to request further information from you if the payment service provider so requires or if this is necessary for other reasons.
3. Opening of payment accounts
3.1 For the processing of payment transactions between our partners and you, the opening of a payment account is required. The payment account is opened by you directly with the payment service provider via the interface offered by us.
4. Personal use area, personal security features
4.1 Access to your payment account is via the personal user area of the partner account (hereinafter “personal user area”), which is only accessible to you or, at our choice, via our website. To access the user account, you select personalised security features (hereinafter “personalised security features”) during the registration process. The Personalised Security Features give you access to your User Account and the Mangopay Services.
4.2 The personalised security features may be stored on the device from which your entries are made. They must be stored securely at all times in a manner that does not allow access by other persons. You are solely responsible for the security of the storage and your input devices.
5. Account management, payment transactions
5.1 You can manage your payment, initiate payments and access account information via the personal user area.
5.2 Payments may only be made through the channels and payment methods specified by the payment service provider.
5.3 The further details are regulated in the payment terms and conditions of the payment service provider.
6. Customer service
7. Availability and functionality of the services, integrity of the systems
We provide our services with the necessary care and in a manner that enables you to use them appropriately within the framework of market practices. The same applies to the accessibility of the services. A guarantee for complete and uninterrupted and trouble-free functionality at all times, also with regard to specific transmission times and transmission speeds, is not assumed.
No fees are incurred by users through the use of our services. Our partners and payment service providers charge fees according to their terms and conditions.
9. Duties of the users
9.1 Changes to personal or other data must be notified to us immediately by means of appropriate corrections in the personal user area.
9.2 You are obliged to protect the devices used by you for the use of our services and those of the payment service provider and his user account in the required manner against cyber security – attacks and to carry out regular software updates. The user must observe all security instructions. Data shall be secured against data loss. All personal security features must be stored carefully and not made accessible to third parties. In the event of loss of personal security features or unlawful use or misuse of the user account, the user is obliged to notify us immediately via the personal user area or the payment service provider directly.
9.3 You shall be liable to us for any damages we incur as a result of your breach of these obligations.
10.1 We accept no liability for malfunctions due to malware such as viruses, spam, Trojans, phishing or other actions by third parties.
10.2 We accept no liability for the functionality of third-party systems, in particular those of partners or of payment service providers, unless it is due to faulty programming of the interface to these systems.
10.3 Furthermore, we shall be liable in accordance with the statutory provisions if you assert claims for damages based on intent or gross negligence, including intent or gross negligence on the part of representatives or vicarious agents of us. Partners are not representatives or vicarious agents.
10.4 Insofar as you incur damage due to the slightly negligent breach of a contractual obligation, the fulfilment of which is a prerequisite for the proper implementation of this agreement, the breach of which jeopardises the purpose of the agreement and the observance of which the user can regularly rely on (cardinal obligation), the liability for damages shall be limited to the foreseeable, typically occurring damage, insofar as this exceeds EUR 1,000.
10.5 Liability for culpable injury to life, limb or health as well as liability under the Product Liability Act and under Art. 82 DSGVO shall remain
10.6 In all other respects the liability of the company is excluded.
11. Data protection
12. Term, termination
12.1 The term of our business relationship is unlimited. You can terminate the business relationship with a notice period of 30 calendar days. The ordinary termination also terminates the contractual relationship with our partners and the payment service provider.
12.2 In the event that you do not agree to any amendment or addition to these General Terms and Conditions, the Company shall be entitled to terminate this Agreement with two weeks’ notice to the end of the month of termination.
12.3 The business relationship shall end automatically upon termination of the payment service provider’s payment services.
12.4 Upon termination of our business relationship, any credit balance on your user account will be transferred to the bank account specified by you, after deduction of any remuneration still to be paid. The payment account will then be closed.
12.5 The right of both parties to extraordinary termination without notice for good cause shall remain unaffected.
13. Applicable law and place of jurisdiction
13.1 These GTC as well as all claims, rights and obligations arising from or in connection with the use of the Services shall be governed by the laws of the Federal Republic of Germany. The UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.
13.2 The place of jurisdiction for all disputes between the parties arising from or in connection with these GTC is Berlin, Germany, unless another place of jurisdiction is provided for by mandatory law.
14. General provisions
14.1 Verbal promises or agreements between us and the user are legally non-binding and are replaced by these GTC or the contract concluded between us and the user, unless it is expressly stated in the respective agreement that they are also binding after the conclusion of the contract. The parties to the contract have agreed that the contract shall remain binding after the conclusion of the contract and that this shall be set out by the parties to the contract in text form.