We are changing the Paynow Payment Integrator Terms and Conditions and the Fees and Commissions Schedule

Service availability and activation

§§ 4-6

·       we have clarified the rules for making payment methods available, as well as restricting, suspending and withdrawing them, and how we will notify you of such changes;

·       we have expanded the verification of the client, the online store and the products offered, including AML and sanctions checks and risk assessment;

·       we have clarified the rules for concluding the agreement and activating the service: activation is subject to a successful verification outcome, while an unsuccessful outcome results in the agreement expiring in accordance with the Terms and Conditions;

·       we have clarified the rules for sharing information with entities involved in payment processing where required by law or by the rules of those entities.

When activating the service or changing its scope, we may ask you for additional information or documents. Access to the service or to a selected payment method will depend, among other things, on the outcome of the verification and risk assessment.

Client obligations and documentation

§§ 7-11

·       we have clarified what information must be displayed in the online store and the obligation to keep information about the business, the online store and the products up to date;

·       we have clarified that payments may be accepted only for products and online stores that have been reported to us and successfully verified;

·       we have expanded the obligations relating to security and cooperation in handling complaints, chargebacks, refunds and suspected fraud;

·       we have clarified the rules for retaining documents confirming fulfilment of the customer's order: for at least three years, and longer for unresolved cases.

Your online store must display the up-to-date information required under the Terms and Conditions. You must also provide us with the necessary information and documents and retain documentation relating to completed transactions for the period specified in the Terms and Conditions.

Commissions, acceptance profiles and IF++

§ 12 and the Fees and Commissions Schedule

·       we have introduced acceptance profiles for card transactions and rules for changing them;

·       we have specified the circumstances in which settlement may be switched to the IF++ model, including how you will be notified of threshold breaches and given advance notice of a change in the settlement model;

·       we have clarified how commissions are calculated and collected, how information about fees is provided, and how invoices are issued using the National e-Invoicing System (KSeF); acceptance profiles are being added to the Fees and Commissions Schedule.

We will assign you an acceptance profile for card payments. If the circumstances specified in the Terms and Conditions and the Fees and Commissions Schedule occur for two consecutive months, we may switch the settlement method to IF++, after notifying you of the change in advance.

Payouts and settlement of amounts due

§§ 13-15

·       we have enabled payouts to an account held outside mBank and clarified the payout rules for Collect and Mass Collect;

·       we have introduced the option to instruct us to withhold all or part of your payouts until a specified target amount is reached and to use these funds to settle amounts due in connection with the service;

·       we have clarified when a payment is confirmed, the meaning of authorisation, and the rules for settlements, set-offs and currency conversion.

We will also be able to make payouts to a designated account held outside mBank. You may instruct us to withhold part of the funds, and amounts due in connection with the service may be settled using the withheld amounts, the reserve, and current or future payouts.

Recurring payments, refusal, refunds and chargebacks

§§ 16-19

·       we have added rules for using recurring payments, including obtaining, documenting and withdrawing the buyer's consent;

·       we have expanded the circumstances in which a payment may be refused or suspended and in which settlements and payouts may be withheld;

·       we have clarified the rules for full and partial refunds and the chargeback procedure, including the obligation to provide complete documents within the specified deadline.

If you use recurring payments, you must properly obtain and document the buyer's consent. Detailed rules and deadlines apply to refunds and chargebacks, and failure to provide the required documents may affect your ability to challenge a chargeback.

Cards, digital wallets, Autopay, BLIK and DCC

§§ 20-23

·       we have clarified the PCI DSS requirements and the rules for card data security, incident reporting and audits;

·       we have added the option to process cards and digital wallets under a separate agreement with Autopay S.A. and introduced separate rules for BLIK;

·       we have expanded the DCC rules, including those governing currency selection, refunds and the consequences of breaching the requirements of this service.

For card payments, digital wallets, BLIK and DCC, the rules applicable to the relevant method will apply. If you use the Autopay model, the terms for processing cards and digital wallets will also be governed by a separate agreement with Autopay.

Trademarks, the Portal and confidentiality

§§ 24, 28-29 and 34

·       we have clarified the rules for using Paynow trademarks and other designations, and the possibility of using the client's name, logo and designations to communicate our cooperation;

·       we have introduced separate rules for accessing the Portal, granting permissions, protecting access credentials and recognising actions performed following successful authentication;

·       we have expanded the confidentiality rules, including a five-year period after termination of the agreement, with longer protection for information protected by law or constituting a trade secret.

You must protect your Portal access credentials and properly manage user permissions. We have also clarified the rules for using designations and the confidentiality obligations.

Suspension, termination of the agreement and reserve

§§ 25-27

·       we have expanded the circumstances in which the service may be suspended, including failure to provide required information, specified payment-related risks and 12 months of inactivity;

·       we have clarified the grounds for giving notice, terminating the agreement with immediate effect and automatic termination of the agreement;

·       we have clarified the reserve mechanism: the reserve may be up to 10% of the value of settled transactions, and the amount relating to a given transaction may be held for no more than 90 days.

In the circumstances specified in the Terms and Conditions, the service may be suspended or the agreement may be terminated. The reserve may be up to 10% of the value of settled transactions, and the amount relating to a given transaction may be held for no longer than 90 days.

Complaints, liability and personal data

§§ 31-33

·       we have expanded the channels for submitting complaints to include, among others, registered electronic delivery (e-Delivery), email and telephone, and clarified the required elements of a complaint;

·       we have clarified the parties' liability and the rules for settling costs, penalties, fees or damages resulting from breaches attributable to the client;

·       we have expanded the information on personal data processing, including the processing of beneficial owners' data for AML purposes, data recipients and data retention periods.

You can submit a complaint through a wider range of channels. We have also clarified the rules on liability and data processing. If you provide us with other people's data, you must provide those individuals with the information specified in the Terms and Conditions.

Future changes to the Terms and Conditions and the Fees and Commissions Schedule, and communications

§§ 30 and 35

·       we have clarified the grounds for changing the Terms and Conditions and the fees and commissions;

·       for future changes, we have provided for electronic communication, in particular by email or through the Portal, and a 14-day period for raising an objection, together with the consequences of doing so;

·       we have specified that purely editorial, linguistic, technical or organisational changes that do not alter the client's obligations or restrict the client's rights do not require the client's acceptance;

·       we have clarified the rules for delivering statements and information, as well as information about the entity acting as an intermediary in card payment processing.

We will communicate future changes to the Terms and Conditions or the Fees and Commissions Schedule primarily by electronic means. You will have 14 days to object to such a change. The current change is still being introduced under the rules set out in the existing Terms and Conditions, as described below.

If you do not accept the changes

We are introducing the current changes to the Terms and Conditions and the Fees and Commissions Schedule in accordance with the existing documents. If you do not accept the new provisions of the Terms and Conditions or the changes to the Fees and Commissions Schedule, you may submit a written refusal to accept them within 14 days of delivery. Submitting such a refusal constitutes notice of termination of the Paynow service agreement. If you do not submit a refusal within this period, we will consider the changes accepted.

Under the existing Terms and Conditions, changes to the Terms and Conditions and the Fees and Commissions Schedule are deemed delivered on the eighth day after their publication at www.paynow.pl.