Terms and Conditions
Terms and Conditions
7th December 2023
Introduction
Thank you for considering the Services (defined below) offered by IDN Group Limited and/or its subsidiaries and affiliates (referred to as “Direct Pay”, “we”, “our”, or “us”). Please review these Terms of Service (“Agreement”) thoroughly.
This Agreement is a legal agreement between you and Direct Pay. By accepting electronically (for example, accepting during the registration process), installing, accessing or using the Services, you agree to these terms. If you do not agree to this Agreement, then you may not use the Services. If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions as its authorised representative, in which case the terms “you” or “your” will refer to such entity and its affiliates as well as you. If the legal entity that you represent does not agree with these terms and conditions, you must not accept this Agreement, register, and use or access the Services as an authorised representative.
If there’s anything you don’t understand, please get in touch with us by:
Emailing us at info@directpay.uk
Agreement
This Agreement describes the terms governing your use of the Direct Pay online services provided to you on this website (https://wwwdirectpay.uk)and any other websites controlled and operated by us in connection with the Direct Pay online services, including content, updates and new releases, (collectively, the “Services”). It includes by reference:
Direct Pay’s Privacy Policy provided to you in the Services available on the website
Additional Terms and Conditions, which may include those from third parties.
Any terms provided separately to you for the Services, including product or program terms, ordering, activation, payment terms, etc.
An overview of the Service
Direct Pay offers payment services. The service allows you to request payments from payers by distributing payment links. Payers can pay remotely by clicking a link, or in person by scanning a QR code or tapping a Direct Pay tag. The payer accepts the payment, and selects the bank account they wish to pay from. They are then redirected to their bank to make a direct bank transfer. You can review the status of payments on the Direct Pay dashboard to confirm receipt to payment.
Your rights to use the service
The Services are protected by copyright, trade secret, and other intellectual property laws. You are only granted the right to use the Services and only for the purposes described by Direct Pay. Direct Pay reserves all other rights in the Services. Until termination of this Agreement and as long as you meet any applicable payment obligations and comply with this Agreement, Direct Pay grants to you a personal, limited, nonexclusive, nontransferable right and license to use the Services.
You agree not to use, nor permit any third party to use, the Services in a manner that violates any applicable law, regulation or this Agreement. You agree you will not:
Provide access to or give any part of the Services to any unauthorised third party.
Reproduce, modify, copy, deconstruct, sell, trade or resell the Services.
Payment
The following terms apply if you are the User paying for the Services, unless Direct Pay or its third party affiliate notifies you otherwise in writing:
Our standard list pricing is £49 per month for 150 payment requests per month. If more than 150 payment requests are sent within the month these are charged at 30p per request.
Price may varies depending on your entity type (business, individual), expected transaction sizes, and expected volumes. If custom pricing is agreed the exact commercial terms are sent to you via email either before or after registering for the Service. If you have not received updated pricing you will be charged our standard list pricing.
Payments will be billed to you by Direct Pay in pounds sterling (£).
You must pay with one of the following:
– A valid credit card acceptable to Direct Pay;
– A valid debit card acceptable to Direct Pay;
– A bank transfer to Direct Pay’s bank account following the issue of an invoice.We will endeavour to notify you if we believe your payment information is out of date. If your payment and registration information is not accurate, current, and complete and you do not notify us promptly when such information changes, we may suspend or terminate your account and refuse your use of the Services.
If you do not notify us of updates to your payment method (e.g., credit card expiration date), to avoid interruption of your service, we may participate in programs supported by your card provider (e.g., updater services, recurring billing programs, etc.) to try to update your payment information, and you authorise us to continue billing your account with the updated information that we obtain.
You agree that if you qualify to receive Services at a special or discounted price you will only be able to receive Services at that special or discounted price if your payments are paid continuously. Any delay or other failure in payment which results in a suspension, termination or other deactivation of your account may result in your Services being reactivated at our then-current standard list price which may be higher than the special or discounted price you previously paid.
Third Party Partners
We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
Where we need to perform the contract we are about to enter into or have entered into with you (i.e. when you sign up to our service). This includes billing you for our services, and contacting you about your account with us.
Where we have your prior consent to use your personal data (for example, where you have consented to receiving marketing).
Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law).
Where we need to comply with a legal or regulatory obligation.
We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate
Users
When you initially register for and create an account for a Service, you are, or a party that you authorise is, the administrator (“Administrator”). Administrators may authorise additional individuals to access the Services through the same account (“Additional Users”). Additional Users may include, for example, your employees, contractors, accountants, and agents. You may be referred to in this Agreement as “you”, “your”, or “User”, or you may be referred to specifically in your applicable role as an Additional User or an Administrator. All Users will be required to accept this Agreement before accessing the Services. As any User of the Services, unless otherwise explicitly stated in this Agreement, all of these terms apply to you each time you access the Services.
As an Administrator, the following applies to you. Only Administrators may designate another individual as a replacement Administrator. You agree that Additional Users are Direct Pay customers, but that you are responsible for your Additional Users’ access to the Services. As Administrator, you are responsible for the access to the Services you grant to Additional Users. If you choose to close or terminate your access to a Service, Additional Users will no longer be able to access such Service or any of the Content within such Service. You agree to provide sufficient notice to Additional Users of your desire to terminate access to the Services before taking such actions. A violation of any terms of this Agreement by an Additional User may result in the termination of an Administrator’s or any Additional User’s access to the Services.
As an Additional User, the following applies to you. When you register to access an account for which you are not an Administrator, you understand that you are accessing the Service as an Additional User and you may not have the same level of access or the same rights as an Administrator. If an Administrator chooses to close or terminate access to a Service, Additional Users will no longer be able to access such Service or any of the Content within such Service. As an Additional User, you understand that if you violate this Agreement, your access to our Services may be terminated, and we retain the right to also terminate access for any other Users of the same account.
Privacy
Personal privacy is important to us and we are committed to keeping your personal data safe. Our Privacy Policy sets out the terms on which we process any personal data we collect.
Your Information
Please let us know if any of your details change, particularly your email address, mobile phone number, and address including postcode. If you fail to do this, we will not be able to deliver any notifications to you, including billing information, and if invoices remain unpaid, we reserve the right to stop providing the Service to you.
You agree and understand that it is yours and any other team members responsibility for maintaining the confidentiality of the email address and email account used to access the Service. If you or any additional user becomes aware of any unauthorised use of the Service you agree to notify us immediately at info@directpay.uk
Complaints Policy
If you wish to complain about any of the services provided by Direct Pay, please email us at info@directpay.uk or you can write directly to the Chief Executive Officer, Summit House, 4-5 Mitchell Street, Edinburgh, EH6 7BD explaining the nature of the complaint and how you think we can put it right.
In addition:
If your complaint is about how we store or process your personal information, you can also contact the Information Commissioner's Office, although we’d appreciate the chance to deal with your concern first.
Disclaimer of Representations and Warranties
The content and all services and products associated with the service or provided through the service are provided to you on an “as-is” and “as available” basis. We make no representations or warranties of any kind, express or implied, as to the content or operation of the service. We make no representations, warranties or guarantees, express or implied, regarding the accuracy, reliability or completeness of the content of the service, and expressly disclaim any warranties of non-infringement or fitness for a particular purpose. We make no representation, warranty or guarantee that the content that may be available through the service is free of infection from any viruses or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, surreptitiously intercept or expropriate any system, data or personal information.
Limitations on our liability
To the extent permitted by law, we shall not be responsible or liable to you or to any third party, whether in contract, warranty, delict or tort (including negligence) or otherwise for:
loss of income or revenue;
loss of business;
loss of profits or contracts;
loss of anticipated savings;
loss of data;
loss of goodwill; or
special, indirect or consequential damage
arising in whole or in part from your access to the service, your use of the service or this agreement, even if we have been advised of the possibility of such damages. notwithstanding anything to the contrary in this agreement, our liability to you for any cause whatever and regardless of the form of the action, will at all times be limited to £500.00 (five hundred pounds).
Ending the Agreement
This Agreement will continue to apply until terminated by either you or us as set out below. If you wish to terminate your agreement, you must email info@directpay.uk with details of your account (email address, name and address). For security we will confirm to you by email before closing the account. When confirmed the account will be closed and the ability to login will be deactivated. Your account data will be removed subject to and as explained in our Privacy Policy.
We may at any time, terminate our agreement with you:
if you have breached any provision of this Agreement (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this Agreement);
if we in our sole discretion believe we are required to do so by law (for example, where the provision of the Service is, or becomes, unlawful);
If outstanding payments remain unpaid
Modifications to the Agreement
We may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on our website. The Agreement will always state the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Service after those changes are posted.
Governing Law and Forum for Disputes
This Agreement, and your relationship with us under this Agreement, shall be governed by the laws of Scotland without regard to its conflict or choice of laws provisions. Any dispute with us, or our officers, directors, employees, agents or affiliates, arising under or in relation to this Agreement shall be resolved exclusively through the Scottish courts, except with respect to imminent harm requiring a temporary or preliminary interdict or injunction in which case we may seek this in any court with jurisdiction over the parties.
Other important matters
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be deleted from this Agreement.
If we do not exercise or enforce any legal right or remedy which is contained in the Agreement (or which we have the benefit of under any applicable law), this will not be taken to be a formal waiver of our rights and that those rights or remedies will still be available to us.
All covenants, agreements, representations and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement.
This Agreement represents the entire understanding and agreement between you and us regarding the subject matter of the same, and supersedes all other previous agreements
Last updated: 8th September 2023
Introduction
Thank you for considering the Services (defined below) offered by IDN Group Limited and/or its subsidiaries and affiliates (referred to as “Direct Pay”, “we”, “our”, or “us”). Please review these Terms of Service (“Agreement”) thoroughly.
This Agreement is a legal agreement between you and Direct Pay. By accepting electronically (for example, accepting during the registration process), installing, accessing or using the Services, you agree to these terms. If you do not agree to this Agreement, then you may not use the Services. If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions as its authorised representative, in which case the terms “you” or “your” will refer to such entity and its affiliates as well as you. If the legal entity that you represent does not agree with these terms and conditions, you must not accept this Agreement, register, and use or access the Services as an authorised representative.
If there’s anything you don’t understand, please get in touch with us by:
Emailing us at info@directpay.uk
Agreement
This Agreement describes the terms governing your use of the Direct Pay online services provided to you on this website (https://wwwdirectpay.uk)and any other websites controlled and operated by us in connection with the Direct Pay online services, including content, updates and new releases, (collectively, the “Services”). It includes by reference:
Direct Pay’s Privacy Policy provided to you in the Services available on the website
Additional Terms and Conditions, which may include those from third parties.
Any terms provided separately to you for the Services, including product or program terms, ordering, activation, payment terms, etc.
An overview of the Service
Direct Pay offers payment services. The service allows you to request payments from payers by distributing payment links. Payers can pay remotely by clicking a link, or in person by scanning a QR code or tapping a Direct Pay tag. The payer accepts the payment, and selects the bank account they wish to pay from. They are then redirected to their bank to make a direct bank transfer. You can review the status of payments on the Direct Pay dashboard to confirm receipt to payment.
Your rights to use the service
The Services are protected by copyright, trade secret, and other intellectual property laws. You are only granted the right to use the Services and only for the purposes described by Direct Pay. Direct Pay reserves all other rights in the Services. Until termination of this Agreement and as long as you meet any applicable payment obligations and comply with this Agreement, Direct Pay grants to you a personal, limited, nonexclusive, nontransferable right and license to use the Services.
You agree not to use, nor permit any third party to use, the Services in a manner that violates any applicable law, regulation or this Agreement. You agree you will not:
Provide access to or give any part of the Services to any unauthorised third party.
Reproduce, modify, copy, deconstruct, sell, trade or resell the Services.
Payment
The following terms apply if you are the User paying for the Services, unless Direct Pay or its third party affiliate notifies you otherwise in writing:
Our standard list pricing is 0.8% of each successful transaction amount.
Price varies depending on your entity type (business, indivudal), expected transaction sizes, and expected volumes. The exact commercial terms are agreed and sent to you via email either before or after registering for the Service. If you have not received updated pricing you will be charged our standard list pricing.
Payments will be billed to you by Direct Pay in pounds sterling (£).
You must pay with one of the following:
– A valid credit card acceptable to Direct Pay;
– A valid debit card acceptable to Direct Pay;
– A bank transfer to Direct Pay’s bank account following the issue of an invoice.We will endeavour to notify you if we believe your payment information is out of date. If your payment and registration information is not accurate, current, and complete and you do not notify us promptly when such information changes, we may suspend or terminate your account and refuse your use of the Services.
If you do not notify us of updates to your payment method (e.g., credit card expiration date), to avoid interruption of your service, we may participate in programs supported by your card provider (e.g., updater services, recurring billing programs, etc.) to try to update your payment information, and you authorise us to continue billing your account with the updated information that we obtain.
You agree that if you qualify to receive Services at a special or discounted price you will only be able to receive Services at that special or discounted price if your payments are paid continuously. Any delay or other failure in payment which results in a suspension, termination or other deactivation of your account may result in your Services being reactivated at our then-current standard list price which may be higher than the special or discounted price you previously paid.
Third Party Partners
We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
Where we need to perform the contract we are about to enter into or have entered into with you (i.e. when you sign up to our service). This includes billing you for our services, and contacting you about your account with us.
Where we have your prior consent to use your personal data (for example, where you have consented to receiving marketing).
Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law).
Where we need to comply with a legal or regulatory obligation.
We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate
Users
When you initially register for and create an account for a Service, you are, or a party that you authorise is, the administrator (“Administrator”). Administrators may authorise additional individuals to access the Services through the same account (“Additional Users”). Additional Users may include, for example, your employees, contractors, accountants, and agents. You may be referred to in this Agreement as “you”, “your”, or “User”, or you may be referred to specifically in your applicable role as an Additional User or an Administrator. All Users will be required to accept this Agreement before accessing the Services. As any User of the Services, unless otherwise explicitly stated in this Agreement, all of these terms apply to you each time you access the Services.
As an Administrator, the following applies to you. Only Administrators may designate another individual as a replacement Administrator. You agree that Additional Users are Direct Pay customers, but that you are responsible for your Additional Users’ access to the Services. As Administrator, you are responsible for the access to the Services you grant to Additional Users. If you choose to close or terminate your access to a Service, Additional Users will no longer be able to access such Service or any of the Content within such Service. You agree to provide sufficient notice to Additional Users of your desire to terminate access to the Services before taking such actions. A violation of any terms of this Agreement by an Additional User may result in the termination of an Administrator’s or any Additional User’s access to the Services.
As an Additional User, the following applies to you. When you register to access an account for which you are not an Administrator, you understand that you are accessing the Service as an Additional User and you may not have the same level of access or the same rights as an Administrator. If an Administrator chooses to close or terminate access to a Service, Additional Users will no longer be able to access such Service or any of the Content within such Service. As an Additional User, you understand that if you violate this Agreement, your access to our Services may be terminated, and we retain the right to also terminate access for any other Users of the same account.
Privacy
Personal privacy is important to us and we are committed to keeping your personal data safe. Our Privacy Policy sets out the terms on which we process any personal data we collect.
Your Information
Please let us know if any of your details change, particularly your email address, mobile phone number, and address including postcode. If you fail to do this, we will not be able to deliver any notifications to you, including billing information, and if invoices remain unpaid, we reserve the right to stop providing the Service to you.
You agree and understand that it is yours and any other team members responsibility for maintaining the confidentiality of the email address and email account used to access the Service. If you or any additional user becomes aware of any unauthorised use of the Service you agree to notify us immediately at info@directpay.uk
Complaints Policy
If you wish to complain about any of the services provided by Direct Pay, please email us at info@directpay.uk or you can write directly to the Chief Executive Officer, Summit House, 4-5 Mitchell Street, Edinburgh, EH6 7BD explaining the nature of the complaint and how you think we can put it right.
In addition:
If your complaint is about how we store or process your personal information, you can also contact the Information Commissioner's Office, although we’d appreciate the chance to deal with your concern first.
Disclaimer of Representations and Warranties
The content and all services and products associated with the service or provided through the service are provided to you on an “as-is” and “as available” basis. We make no representations or warranties of any kind, express or implied, as to the content or operation of the service. We make no representations, warranties or guarantees, express or implied, regarding the accuracy, reliability or completeness of the content of the service, and expressly disclaim any warranties of non-infringement or fitness for a particular purpose. We make no representation, warranty or guarantee that the content that may be available through the service is free of infection from any viruses or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, surreptitiously intercept or expropriate any system, data or personal information.
Limitations on our liability
To the extent permitted by law, we shall not be responsible or liable to you or to any third party, whether in contract, warranty, delict or tort (including negligence) or otherwise for:
loss of income or revenue;
loss of business;
loss of profits or contracts;
loss of anticipated savings;
loss of data;
loss of goodwill; or
special, indirect or consequential damage
arising in whole or in part from your access to the service, your use of the service or this agreement, even if we have been advised of the possibility of such damages. notwithstanding anything to the contrary in this agreement, our liability to you for any cause whatever and regardless of the form of the action, will at all times be limited to £500.00 (five hundred pounds).
Ending the Agreement
This Agreement will continue to apply until terminated by either you or us as set out below. If you wish to terminate your agreement, you must email info@directpay.uk with details of your account (email address, name and address). For security we will confirm to you by email before closing the account. When confirmed the account will be closed and the ability to login will be deactivated. Your account data will be removed subject to and as explained in our Privacy Policy.
We may at any time, terminate our agreement with you:
if you have breached any provision of this Agreement (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this Agreement);
if we in our sole discretion believe we are required to do so by law (for example, where the provision of the Service is, or becomes, unlawful);
If outstanding payments remain unpaid
Modifications to the Agreement
We may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on our website. The Agreement will always state the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Service after those changes are posted.
Governing Law and Forum for Disputes
This Agreement, and your relationship with us under this Agreement, shall be governed by the laws of Scotland without regard to its conflict or choice of laws provisions. Any dispute with us, or our officers, directors, employees, agents or affiliates, arising under or in relation to this Agreement shall be resolved exclusively through the Scottish courts, except with respect to imminent harm requiring a temporary or preliminary interdict or injunction in which case we may seek this in any court with jurisdiction over the parties.
Other important matters
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be deleted from this Agreement.
If we do not exercise or enforce any legal right or remedy which is contained in the Agreement (or which we have the benefit of under any applicable law), this will not be taken to be a formal waiver of our rights and that those rights or remedies will still be available to us.
All covenants, agreements, representations and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement.
This Agreement represents the entire understanding and agreement between you and us regarding the subject matter of the same, and supersedes all other previous agreements
Last updated: 8th September 2023