Privacy Policy and Terms of Service
Getpay AG
Schwerzistrasse 34
8807 Freienbach, Switzerland
Commercial register number: CH-130.3.034.702-7
UID/VAT: CHE-259.811.835
These Terms and Conditions (hereinafter T&C) govern the contractual relationship between Getpay AG, Schwerzistrasse 34, 8807 Freienbach, Switzerland (hereinafter Getpay AG or Provider) and you (hereinafter Client) and apply to your use of this website and our products and services.
By using this website and our services you also agree to all policies, instructions, warnings, notices, procedures, guidelines, pricing, revenue sharing and payment principles provided on this website or communicated to you by any Getpay AG staff member. You represent and warrant that you have the full right, power, legal capacity, licences, consents and authority to enter into and perform under these T&C.
These T&C may be updated from time to time and become effective once published on this website. Your continued use of the website or our services after any change constitutes acceptance of the updated T&C. Where required by law we will seek your consent. If you disagree with an amendment you may terminate the contractual relationship with Getpay AG immediately.
Following registration, Getpay AG validates the Client information provided. We reserve the right to refuse access to services or products if validation fails. Clients are solely responsible for safeguarding their access data and release Getpay AG from any liability stemming from improper use or breach of confidentiality. Once registered and these T&C are accepted, the Client may use Getpay AG services and products.
Getpay AG offers mobile payment services enabling Clients to sell their services and products to end users who pay via mobile devices. Getpay AG collects funds from mobile operators and forwards the corresponding amounts to the Client. Getpay AG acts as an intermediary between mobile operators, Clients and end users. Except for the limited role in processing payments you authorize or initiate, Getpay AG is not involved in the underlying transactions. Third-party processors or financial institutions may be engaged to deliver these services.
Services are provided at the pricing specified in the commercial documentation delivered upon registration (Commercials). Prices exclude VAT, which will be added at the applicable rate. VAT due from end users is handled according to applicable European Union laws and mobile operator rules in the territory where the Client offers services.
Client payouts and charges are calculated according to the Commercials using data recorded by Getpay AG. Payouts below €100.00 are withheld until the cumulative withheld amount exceeds €100.00. Payouts below €1,500.00 incur bank transfer fees payable by the Client. If Getpay AG suspects fraud in Client traffic or anticipates delays in incoming funds, it may delay payouts until the relevant amounts are received. Getpay AG is not entitled to fees on fraudulent, failed or refunded transactions.
Payments are made in Euros via bank transfer to the Client’s designated account. If the account is not in the Client’s name, Getpay AG may request written confirmation. Exchange rates follow www.oanda.com on the first banking day of the Getpay period in which payment occurs. Payout reports are generally issued 30 days after the end of the Getpay period in which traffic was generated, with payments made 90 days after that period, subject to receipt of funds.
If Getpay AG pays the Client before receiving funds from mobile operators, or pays for fraudulent, failed or refunded transactions, it may reclaim those amounts. Any payment disputes must be raised within 10 days of receipt with full supporting evidence.
While using Getpay AG services the Client must:
Client services must not be used for illegal purposes or to transmit unsolicited, defamatory, abusive, threatening, infringing or offensive content, including violations of copyright, intellectual property, trademarks, pornography or consumer protection laws.
The Client may not promote sexual, violent, gambling or lottery content, fund-raising, payments for physical goods or any other content that violates laws, regulations or industry standards via Getpay AG services. The Provider’s names, trademarks or copyrights may not be used in a way that implies endorsement of Client content.
Getpay AG may request content approval but such approval does not confirm legality in any jurisdiction. Clients are solely responsible for obtaining necessary licences and permits for third-party content. If Getpay AG receives a claim relating to Client content, the Client must respond within one business day; otherwise the service may be suspended. Getpay AG may act immediately if urgent action is required and may request evidence of permits or licences at any time.
Getpay AG may implement anti-fraud mechanisms at its discretion and define acceptable risk thresholds together with the Client. The Client must prevent abuse such as automated traffic or any other fraud. If a high fraud risk is detected, Getpay AG may suspend services and terminate the contract immediately.
Clients must ensure all promotional materials comply with local laws, consumer protection rules and advertising codes. No public communication may imply endorsement by mobile operators or Getpay AG without prior written approval. Clients indemnify Getpay AG for any costs resulting from non-compliance.
In certain countries Getpay AG may be required to refund dissatisfied end users. Each such refund incurs an administration fee of €4.00 plus the refunded amount and bank charges. If mobile operators or third parties handle complaints or refunds and charge Getpay AG, those costs will be passed to the Client.
Getpay AG handles 10 simple end-user complaints per Getpay period free of charge; additional complaints cost €3.00 each. Complex complaints requiring extra resources are charged at €80.00 per hour.
Neither party is liable for failure to perform due to causes beyond its control, including strikes, riots, war, embargoes, natural disasters, network failures, cyberattacks or other events with similar impact. Affected parties must notify the other and are granted reasonable time to resume performance.
All titles, ownership rights and intellectual property rights in these T&C and related materials remain with the originating party. Nothing in these T&C transfers such rights to the other party or any third party.
Getpay AG may assign, transfer, subcontract or otherwise deal with its rights or obligations under these T&C at any time.
The Client shall indemnify and hold Getpay AG harmless against all liabilities, damages, fines, penalties, expenses and claims arising directly or indirectly from the Client’s services or business conduct. Getpay AG will notify the Client as soon as reasonably possible of any such claims.
Upon any breach or suspected breach of these T&C, Getpay AG may suspend, cease or modify services and take measures to mitigate impact, including engaging external advisors. Related costs may be set off against unpaid payouts or claimed as debt. To cover potential claims, Getpay AG may retain payouts and other values for up to six Getpay periods from the date of the violation.
Getpay AG is not liable for damages suffered by the Client except in cases of wilful misconduct or gross negligence. In no event will Getpay AG be liable for indirect, incidental or consequential damages, lost profits or data. Total liability is limited to the Provider’s portion of payouts in the three Getpay periods immediately preceding the claim, except in cases of death or personal injury caused by negligence.
If any provision of these T&C is deemed void, illegal or unenforceable, it shall be ineffective only to that extent. The remaining provisions remain in full force. If the commercial basis of the agreement is substantially affected, the parties shall negotiate in good faith to amend the T&C accordingly.
The agreement remains effective until terminated. Either party may terminate at any time without cause with immediate effect. Rights and obligations intended to continue beyond termination remain in force.
These T&C are governed by the laws of Switzerland. Any dispute arising out of or in connection with the T&C shall be submitted to the Commercial Court of Zurich (Handelsgericht des Kantons Zürich). Judgments may be enforced by any court with jurisdiction.