Special terms and conditions for use of POS terminals

secupay AG, Goehtestraße 6 in 01896 Pulsnitz (hereinafter: secupay), offers as a commercial network operator in cooperation with network operators approved by the “Girocard-System der Deutschen Kreditwirtschaft (DK)” the processing of payment transactions via the Girocard-System of DK and via other credit and debit card systems with the help of POS terminals.
These conditions regulate the rights and obligations of the contractual partner and secupay within the scope of the contractual partner’s participation in the network operation of secupay for payment procedures such as the offline direct debit procedure ELV-Chip, the online direct debit procedure OLV-Chip, the girocard procedure of the German credit industry as well as the authorisation and processing of credit and debit card payments or customer cards for which the contractual partner has concluded an acceptance contract. secupay organizes the communication between the POS terminal and the authorization systems of the card issuers.
Insofar as within these conditions not or not otherwise concluded, the General Terms and Conditions of secupay apply in their current version.

To partake in the secupay system, POS terminals are required that meet the admission requirements of the German Credit Industry (DK). Secupay shall make the terminal software available to the contractual partner free of charge for the entire term of the contract and exclusively for use within the framework of the contractual agreement. However, the costs of the necessary adaptation of the provided software to new payment standards shall be borne by the contracting party.
Prerequisite for the participation of the contractual partner in the Girocard procedure is the acceptance of the “Händlerbedingungen - Bedingungen für die Teilnahme am girocard-System der Deutschen Kreditwirtschaft” (“Merchant Conditions - Conditions for Participation in the girocard System of the German Credit Industry”). These conditions are essential components of the agreement between secupay and the contractual partner. The contractual partner shall be liable for damages resulting from a deviating handling of the rules of conduct listed in these DK dealer terms and conditions. The contractual partner must designate secupay a German bank account approved for electronic payment transactions for the crediting of card transactions.

secupay transmits the submitted card transactions to the bank or credit card company specified by the contractual partner. The agreed service is rendered upon the transfer of the submitted Card Transactions. The respective payment is executed there by crediting the card transactions to the contractual partner and debiting them to the respective cardholder.
In addition to all payment transactions, transactions also include cancellations, diagnoses, rejected payment transactions and cash transactions. In the case of payment transactions, secupay transmits the data required for authorization to the authorization center responsible for the card and transfers the result back. The risk for the correctness of the answers does not rest with secupay. Positively authorised transactions are stored in the POS terminal. The stored card transactions are submitted to the technical network operators commissioned by secupay for further processing at the latest when the cash register cut at the POS terminal is carried out.

The contractual partner must immediately inform secupay about malfunctions, damages and device manipulations of the POS terminals.

Unless otherwise agreed, maintenance of the POS terminal shall be carried out during business hours of secupay. If a malfunction of a POS terminal cannot be remedied by secupay, an exchange terminal ready for operation will be made available. The fee for this is included in the monthly maintenance fee.

In the event of improper use of the POS terminal, external influences, overvoltage damage, improper handling or the use of third-party products in connection with the POS terminal, the contractual partner shall be obliged to reimburse the expenses of secupay. This also applies to maintenance work that becomes necessary because the contractual partner has not immediately reported faults or damage. If no device maintenance has been agreed between the contractual partner and secupay, an exchange terminal will be made available to the contractual partner for a usage fee of EUR 50.00 per month in the event of a device defect. The contractual partner shall immediately send the defective terminal to secupay.

If the POS Terminal is owned by the contracting party, secupay will repair the device within the scope of the warranty. In this case, the provision of a replacement device shall be free of charge. After expiry of the warranty period, secupay shall send the contractual partner a repair cost estimate. The contractual partner shall check this estimate within one week and secupay shall state whether the device is to be repaired. If the device is not to be repaired, the contractual partner will immediately return the replacement terminal to secupay. If this does not happen, secupay is entitled, after written reminder and expiration of an additional period of 7 days, to demand either an appropriate rental or purchase price for the replacement device.

The contractual partner must pay a separately agreed authorisation fee to secupay for the approval of Girocard sales. The determination of the Girocard authorisation fees is made at the reasonable discretion of secupay taking into account the following principles: The card-issuing payment service providers have granted the network operators licensed by DK the right to merge the charges negotiated with them by means of a mixed calculation and to uniformly determine the authorisation price to be paid by the contractual partner for the card-issuing payment service providers. The different fees charged by the card-issuing payment service providers shall first be weighted according to the expected turnover and then determined on the basis of the average value thus determined, taking into account the economic and legal risks incurred by the authorised network operators.
If the approved grid system operators generate a surplus as a result of the above calculation, the card-issuing payment service providers shall permit this to be retained as a share for the processing of grid operation. However, the network operators must compensate the banks for any shortfall in cover.
Against this background, the contractual partner waives the reclaim of any excess authorisation fees paid to the company assuming this in the case of a calculation corresponding to the above principles. In return secupay waives towards the contracting partner its claims of additional charges in case of too little performed authorization fees.

The „Bedingungen für die Teilnahme am electronic-cash-System der deutschen Kreditwirtschaft – Händlerbedingungen“ in English “Conditions for Participation in the electronic cash system of the German Banking Industry – Merchant Conditions” and the annex „Technischer Anhang zu den ändlerbedingungen“ (“Technical Annex to the Merchant Conditions”) in their current version available at www.secupay.com/agb / www.pos-cash.de/agb are an integral part of this agreement.