Terms and Conditions

These General Terms and Conditions (hereinafter: T&C) govern the rights and obligations in connection with the use of the services of the provider PaymentMasta and the PaymentMasta customer in connection with the use of the PaymentMasta services and other services, applications, mobile applications and functions offered by PaymentMasta, unless PaymentMasta explicitly states otherwise.

The T&C of PaymentMasta apply exclusively. Conflicting conditions or conditions of the PaymentMasta customer that deviate from these T&C are not recognized unless PaymentMasta has explicitly agreed to their validity in writing. These T&C also apply if PaymentMasta provides the PaymentMasta services to the PaymentMasta customer without reservation despite being aware of conflicting conditions or conditions of the PaymentMasta customer that deviate from these T&C.

Furthermore, PaymentMasta may amend the content of the existing contract and these Terms and Conditions with the consent of the PaymentMasta customer. Consent to the amendment is deemed to have been granted if the customer does not object to the amendment within one month of receiving the notification of amendment. PaymentMasta undertakes to inform the customer of the consequences of failing to object in the notification of amendment.

The German version of these conditions is authoritative.

Unless otherwise agreed, PaymentMasta remains bound by the offer for 30 days. Offers by PaymentMasta made on the basis of inaccurate or incomplete information constitute a general willingness to conclude a contract, but not a binding offer. Price details contained therein are non-binding guide prices.

The contract between PaymentMasta and the PaymentMasta customer is concluded upon the return of the signed offer. For small orders for which no written offer is created, the contract is concluded when the order is placed by the PaymentMasta customer.

The minimum term of the contracts corresponds to the respective contract duration selected. After this minimum contract term, the contract is extended by the same term. Termination must be made in writing 30 days before the expiration of the subscription, unless automatic renewal is deactivated within this period.

PaymentMasta offers are to be understood as guide price offers. The specifications of the number of time units are based on an assumption. The work is carried out on a time and material basis. Billing is based on actual effort, which can lead to a deviation of +/- 10% from the guide price.

In addition to the payment platform (hereinafter: platform), PaymentMasta also offers custom software developments on an offer basis and professional services.

Invoices for paid services are provided to the customer in PDF format. The respective invoice amount is to be paid in full to PaymentMasta within 30 days of receipt of the invoice, unless otherwise agreed.

For the timeliness of payments, the receipt of the amount at PaymentMasta's unrestricted disposal is decisive.

In the case of payment by bank transfer, the payment reference specified by PaymentMasta must be provided. If the customer transfers with a different reference, they must immediately inform PaymentMasta and send PaymentMasta proof of payment. This proof must contain the following data in full and legibly: The bank details (IBAN) of the sender account, the name of the account holder, the payment date, the amount, the payment reference and the bank details (IBAN) of the recipient. The burden of proof for a payment lies with the customer.

PaymentMasta is also entitled to suspend services if the fees are not paid.

Payments are due in the respective local currency, i.e., CHF or EUR.

Costs in case of payment default: Processing fee (at the earliest from day 70 after the invoice date, upon transfer to a debt collection service provider) depending on the amount of the claim, maximum amount in CHF or EUR:

• 50 (up to claim of 20)
• 70 (up to claim of 50)
• 100 (up to claim of 100)
• 120 (up to claim of 150)
• 149 (up to claim of 250)
• 195 (up to claim of 500)
• 308 (up to claim of 1,500)
• 448 (up to claim of 3,000)
• 1,100 (up to claim of 10,000)
• 1,510 (up to claim of 20,000)
• 2,658 (up to claim of 50,000)
• 6% of the claim (from 50,000)

PaymentMasta assumes no liability for failures, damages or losses of revenue caused by a suspension of services due to incorrect or late payment, provided that the customer is responsible for the error or delay.

Unless otherwise stated, discounts or promotions apply to the first contract period of a contract term. The contract is subsequently renewed at the current, valid, full price. PaymentMasta is entitled to unilaterally adjust the offer, the contractually agreed conditions (visible in the contract and in the merchant administration), and payout fees (visible in the merchant administration).

All prices are inclusive of VAT. The applicable VAT rate is shown on the invoice at the latest. If the customer or the associated company is not resident in Switzerland, the customer receives a net invoice.

You may only accept and process payments via the PaymentMasta payment platform for the lawful sale of legal goods and services in accordance with the specific standards of the company's country of incorporation and the customer's country. Certain business models are not supported by the payment providers PaymentMasta Direct and PaymentMasta Swiss Collecting. These business models are determined by payment partners that PaymentMasta uses to process transactions.

By registering with PaymentMasta, you confirm that you will not use our services for activities other than those explicitly approved during registration or subsequently by PaymentMasta. If PaymentMasta believes or suspects that you are nevertheless accepting payments for prohibited activities under these provisions, these activities must be ceased immediately upon request by PaymentMasta. If you have not ceased the prohibited activities within the period set by PaymentMasta, PaymentMasta reserves the right to terminate this contract without notice.

If PaymentMasta determines that your activities pose a risk to PaymentMasta or the payment partners, PaymentMasta reserves the right to terminate this contract with immediate effect and without prior notice.

In case of suspicion or evidence of fraud, illegal activities or in situations that are damaging to the reputation of PaymentMasta, PaymentMasta has the right to terminate this contract with immediate effect or to temporarily suspend payments and payouts. In addition, PaymentMasta may, at its sole discretion and in accordance with its internal policies, decide to process chargebacks on your behalf. In such cases, you will be notified unless such notification is not permitted by law or is not deemed desirable as part of the investigation; PaymentMasta is not liable for any damages resulting therefrom.

Customers are generally entitled to a right of withdrawal. In the event of a withdrawal of a contract, PaymentMasta will refund the payment received under this contract immediately and at the latest within fourteen days from receipt of the withdrawal. For this refund, PaymentMasta uses the same payment method that the customer used in the original transaction.

PaymentMasta ensures that personal data of customers is only collected, stored and processed to the extent necessary to provide the services and permitted by statutory regulations or ordered by the legislature.

In the event that data protection declarations of consent are obtained from the customer as part of the use of the services, it is pointed out that these can be revoked by the customer at any time with effect for the future.

Insofar as data processing on behalf exists, customers can request the conclusion of a data processing agreement.

In this context, PaymentMasta may also change details of data processing via its websites under certain circumstances. Current information on the purpose, type and scope of collection, processing and use of personal data can be found in the privacy policy. In particular, information on the cookies and services used by PaymentMasta can also be found there.

PaymentMasta is liable in the event of intent or gross negligence for all damages caused by PaymentMasta.

In the case of slight negligence, PaymentMasta is liable in the event of injury to life, body or health.

Otherwise, PaymentMasta is only liable if PaymentMasta has breached an essential contractual obligation. Essential contractual obligations are abstractly defined as those obligations whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the customer may regularly rely. In these cases, liability is limited to compensation for the foreseeable, typically occurring damage, but at most to the amount of the fees already paid.

Insofar as the liability of PaymentMasta is excluded or limited according to the aforementioned provisions, this also applies to vicarious agents of PaymentMasta. Liability under the Product Liability Act remains unaffected.

To the extent legally permissible, the law of the Swiss Confederation applies, excluding the UN Convention on Contracts for the International Sale of Goods.

If the customer is a legal entity under public law or a special fund under public law, our place of business is the exclusive place of jurisdiction for all disputes arising from the contractual relationship.

Should individual provisions of these T&C be or become invalid, this does not affect the validity of the remaining provisions.