General Terms and Conditions of Use (CTGU)

Last updated: 7 November 2023

These General Terms and Conditions of Use (hereinafter referred to as “GTCU”) set out the terms and conditions applicable between you, the Merchant (hereinafter referred to as “you” or “your”), details of which are included on the Payment Module registration page under the heading “business information”, and RuckPay SAS (hereinafter referred to as “RuckPay”, “we”, or “us”) in relation to the use of the Payment Module.

In these GTCU, you and we are referred to individually as the “Party” and jointly as the “Parties”.

Definitions

In the GTCU, the following terms are defined as follows:

  • Acquirer: A Financial Institution regulated and approved by the Card Schemes that accepts and processes credit card payment transactions on behalf of Merchants.
  • Account: The account held with RuckPay on behalf of the Merchant.
  • API: The application programming interfaces that can be used to access the Payment Module.
  • Beta Services: Preliminary services not yet available to all.
  • Brand(s): Any logo, trademark, trade name, slogan or any other indication of ownership.
  • Breakdown: Any unexpected interruption or involuntary modification of the normal operation of the Payment Module.
  • Card Schemes: Sometimes referred to as card networks, are organizations that facilitate payment card transactions and define the conditions under which payment cards may be issued and used. Card Schemes include among others Visa®, Mastercard®, American Express®, Discover®, China UnionPay® and JCB®.
  • Chargeback: Procedure for reimbursing a Transaction via the same Payment Method used to complete said Transaction, after the Customer has successfully disputed said Transaction with the Financial Institution that provided him with his payment tool (e.g. the issuer of his credit/debit card). Chargebacks may result from (i) the invalidation of a Transaction by a Financial Institution or Intermediary; (ii) the erroneous or unauthorized execution of a payment; and/or (iii) the submission of a Transaction in violation of applicable Payment Method rules.
  • Customer(s): Customer(s) who wish to purchase the products and/or services You provide via the Payment Module.
  • Dashboard: Web page made available to the Merchant by RuckPay via an access code, through which the Merchant can consult the data recorded on his past Payment Transactions and/or the various parameters relating to the services provided to the Merchant by RuckPay, which can be modified via this page.
  • Data Protection Laws: All applicable data protection and privacy laws, including without limitation the GDPR, and all national laws and regulations in all member states of the European Economic Area (EEA), which may be amended, repealed, consolidated or replaced from time to time.
  • Fees: Compensation paid to RuckPay for the use of the Payment Module. Fees include Transaction fees (such as processing a payment) as well as fees related to other events related to the operation of your RuckPay Account (such as processing a debit or disputed transaction).
  • Financial Institution: The Financial Institution to which the Payment Module is connected and which processes Transactions for which an order has been placed via the Payment Module.
  • Fraud: Dishonest act using unfair means in order to obtain undue advantage, consent or in order to circumvent legal or regulatory obligations.
  • Fraud Protection Solution: Fraud detection and prevention software provided to the Merchant by RuckPay.
  • Intermediary(ies): Intermediary(ies) between RuckPay and the Card Schemes, including Visa, MasterCard and American Express, the networks they use for the transmission and processing of transactions, and judicial or governmental bodies.
  • Merchant: An organization that uses the RuckPay Payment Module to sell its products and/or services to Customers.
  • Multi-currency processing: RuckPay and the Financial Institution may process Transactions in different foreign currencies, including settling Transactions in a currency other than that in which the Merchant has accepted payment from its Customer(s).
  • Payment Information: Any personal financial information related to a transaction processed via the Payment Module.
  • Payment Method: The mean in which a Customer wishes to pay the Merchant for goods or services offered online. The Payment Method must be offered by RuckPay to the Merchant, and transactions must be processed via the Payment Module.
  • Payment Module: Software developed by RuckPay through which (i) transactions are presented to the Financial Institution for processing; (ii) information on the progress of payment processing can be sent to the Merchant by e-mail; (iii) the Merchant can consult data relating to Transactions via the Dashboard.
  • Payment Services: All services provided by the Financial Institution including online payment processing, recurring payments, payment routing, fraud control, reporting and/or other services enabling the Merchant to use the Payment Module and other payment services offered by RuckPay.
  • Payment Transaction Processing Services: RuckPay offers e-commerce Merchants the ability to accept debit and/or credit card payment transactions from their Customers.
  • Personal Data: Any information relating to an identified or identifiable natural person as defined by the General Data Protection Regulation (hereinafter referred to as “GDPR”).
  • Security Measures: Any procedures or measures developed by RuckPay and offered to the Merchant in order to reduce the risk of fraud during the use of the Payment Module.
  • Refund: Complete or partial refund of a Customer’s payment for an existing Transaction.
  • Transaction(s): All Orders placed via the Merchant’s Website for the purchase of the Merchant’s products and/or services, and for which payments have been presented by RuckPay to the Financial Institution for processing. Refunds are also defined as Transactions.
  • Web Site/Internet Site: One or more hyperlinked Web/Internet pages or other services operated by the Merchant, accessible from an Internet browser, on which Customers may view content and, where applicable, purchase products or services offered by the Merchant.
  • 3-D Secure Authentication: A strong customer authentication protocol designed to be an additional security measure for online credit and debit card transactions, incorporating single-use access codes. 

1       Scope of these GTCU and Role of RuckPay

These GTCU provide a general description of the Services that RuckPay provides to you, to enable you to accept payments from your Customers in exchange for the products and/or services that you provide to them.  A more detailed description of the services and functionality provided by RuckPay is available in its published documentation and APIs, which are made available to you on the RuckPay Website or via your Dashboard.

RuckPay cannot be held responsible for products and/or services that you place online and that are purchased using its Payment Module. In addition, during the provision of the Payment Services, RuckPay acts as a technical service provider for the Merchant and the Financial Institution, which provides the Payment Services under these GTCU.

2       Registration with RuckPay

RuckPay services are intended for legal entities only. RuckPay services are not intended for natural persons who wish to receive payments for personal reasons.

You must register with RuckPay and obtain RuckPay’s consent before using our Services. A legal entity that is registered with RuckPay must be represented by a natural person with full legal capacity to bind the legal entity.

You represent and warrant that all information you provide to RuckPay is complete and accurate. You undertake to update this information promptly in the event of any change so that it remains complete and accurate at all times. You must inform RuckPay without delay of any changes to your company name, articles of association, corporate structure, type of services and/or products sold, and/or any other changes relevant to the matter in question. RuckPay may ask you for additional information or supporting documents, either at the time of your integration and/or afterwards, which you undertake to provide on request as soon as possible.

We reserve the right to suspend your Account or terminate the contractual relationship between us with immediate effect if the information is not up to date and/or if you are unable to provide us with the information requested.

Your username and password are unique to you and of a confidential nature, and must be treated as such with due care. Consequently, you are solely responsible for any damage and/or loss resulting from the misuse of your username and password, and you must inform RuckPay of any loss, theft and/or misuse thereof.

3       Service provided by RuckPay after successful Registration

The Payment Module provides the Merchant with a Payment Transaction Processing Service at the Fees set out in the Fees Schedule and in accordance with our General Terms and Conditions of Sales (“GTCS”).

3.1       Payment Module

RuckPay will endeavour to keep the Payment Module functional at all times. However, RuckPay cannot guarantee that the Payment Module will be available at all times. If necessary, the Payment Module may be deactivated for maintenance purposes. Where possible, any maintenance will be carried out at night. RuckPay may modify and/or improve the Payment Module at any time. However, RuckPay shall have no obligation to maintain, modify, enhance or add any Merchant-specific capabilities or features.

RuckPay reserves the right with immediate effect to cease providing its services to you, refuse you access to the Payment Module and/or terminate the contractual relationship between us, if RuckPay suspects you of acting in conflict with these GTCU. In addition, RuckPay reserves the right to recover from you any losses incurred as a result.

Below is a non-exhaustive list of actions that we consider being contrary to the provisions hereunder:

  1. Selling products and/or services that are in conflict with applicable laws or regulations or that result in an unacceptable risk to RuckPay’s reputation;
  2. Selling products and/or services without being willing or able to deliver them to one or more Customer(s) within a reasonable period;
  3. Using and/or processing the collected Personal Data of your Customers contrary to the provisions of the GDPR, and/or failure to inform or sufficiently inform your Customers of how their Personal Data will be processed as required by the GDPR;
  4. Hacking, unauthorised intrusion into the system and/or network structure of RuckPay and/or the Financial Institution;
  5. Collecting payments without a legally valid contract between you and your Customer (in particular by means of your General Terms and Conditions of Sales);
  6. Deliberately misleading Customers, RuckPay, the Financial Institution, Intermediaries, suppliers and/or third parties;
  7. Failing to establish an operating model that is suitable for the proper handling of your Customers’ complaints and disputes, and
  8. Committing fraud, money laundering, being involved in illegal activities, financing terrorism, and/or enabling these activities to be carried out by third parties.

3.2      Payment Methods

The Payment Module allows your Customers to use different Payment Methods. Each Payment Method has its own characteristics, risks and conditions of use, including the cost structure, the payment period, the way in which payment is made and the various options available to your Customer to dispute payments, claim refunds or initiate chargebacks.

The conditions for each Payment Method are clearly stated and referenced on our Website when you activate a specific Payment Method via the Dashboard. By choosing one of the Payment Methods offered, you declare that have read, understood and accepted the terms of use specific to the Payment Method chosen. RuckPay may add new Payment Methods subsequently, which must be activated before they can be used in the Payment Module. RuckPay reserves the right to remove Payment Methods and/or refuse the Merchant the use of a particular Payment Method.

3.3      Transactions

RuckPay only processes Transactions authorised by the Intermediary(ies) concerned and/or the Financial Institution involved in the management of the Payment Method used. It is your responsibility to verify the accuracy of the transaction data presented on the Payment Module in connection with each purchase of your products and/or services by your Customers.

For each Transaction, there must be an existing contractual relationship (a) between you and your Customers, and (b) between you and the Financial Institution. RuckPay is explicitly not involved in these contractual relationships, which means that RuckPay has no obligations in relation to the contractual relationships.

3.4      Chargebacks

You can dispute the chargebacks requested by your Customers. We can help you to contest them thanks to our notifications and our defence module. However, we accept no responsibility for the assistance we can provide you in disputing said chargebacks.

You undertake to provide us, at your own expense, with the information necessary to enable us to investigate and assist you to the best of our ability in defending chargeback disputes within three (3) working days (unless otherwise specified) of receiving our notifications of requests for chargebacks from your Customers.

Furthermore, in order to help you defend chargeback disputes, you authorize us to share information with the Financial Institution to the extent necessary.

You are aware and you accept the fact that a delay in communicating or the failure to communicate complete and accurate information necessary to defend your chargeback disputes may render the latter final and irreversible.

We reserve the right to charge additional fees for our investigation and mediation in the defence of chargeback disputes requested by your Customers.

3.5      Reimbursements

Transactions will be reimbursed by the Financial Institution as configured in your Dashboard.

3.6      Security and Anti Fraud Measures

RuckPay may provide you with security procedures and measures or make suggestions to reduce the risk of Fraud. These procedures and measures may include processes or systems developed by RuckPay or third parties, including but not limited to the introduction of the two-factor authentication (“2FA”).

You agree to evaluate these procedures and security measures, and to choose those that are appropriate to your activities in order to protect yourself against unauthorized and fraudulent Transactions.

You are aware and accept that disabling or refusing to use proposed security measures and/or procedures increases the risk of unauthorized Transactions and Chargebacks.

You are solely responsible for any activity, use of lost/stolen cards or fraudulent use of usernames and/or passwords on your Website. RuckPay cannot be held responsible and will not compensate for any loss or damage caused by any use of lost/stolen cards or fraudulent use of usernames or passwords on your Website.

In addition, you undertake to reimburse us in full for any loss we may suffer as a result of the fraudulent use of login information of your Customers or lost/stolen Customer accounts/cards.

3.7      API, Software and Interfaces

Equipment. RuckPay provides the API, software and interfaces allowing you to access and use the Payment Module. You may not use this equipment for any purpose other than the performance of your contractual obligations.

API, Sotware and Interfaces updates. RuckPay may change the API, software and interfaces at any time, and provide you with a new version thereof, and/or change their functionality and features, and require you to install/update any additional software in order to continue to use the Payment Transaction Processing Services.

No modification made by RuckPay may significantly alter the functionality of the Payment Module and the Payment Transaction Processing Services, unless this is made necessary by (i) the obligation to follow developments commonly accepted by the payment industry, (ii) changes to applicable law, current regulations and/or rules of Financial Institutions and their Intermediaries, (iii) the need for increased security due to newly identified security risks, or (iv) other reasonable grounds, which justify an alteration to the functionality.

Within thirty (30) days of the announcement of the change, if you are materially affected by the change in the functionality of the API, software or interfaces, you may terminate our Agreement by giving RuckPay seven (7) days written notice.

To enable you to prepare yourself and your Customers for this eventuality, RuckPay will notify you in writing by email or a notification on your Dashboard of any significant changes to the API, software and/or interfaces, with a minimum of two (2) months’ notice.

Shorter notice periods may nevertheless be required in order to comply with applicable laws, regulatory requirements, requests from Financial Institutions, and/or in the event of an urgent need to improve security following identified security breaches.

Intellectual Property, Trademarks and User Licences. All intellectual property rights in any material provided to you by RuckPay and/or developed for you in connection with the performance of the Services are and shall remain the exclusive property of RuckPay.

You acknowledge that all copyrights, trademarks, logos, tradenames, know-how, database rights and other intellectual property rights, whether registered or unregistered, in and to any RuckPay offerings, activities, products and services are owned by or licensed to RuckPay, and that you have no intellectual property rights whatsoever in any of the foregoing.

Nevertheless, RuckPay grants you a non-exclusive, non-transferable, revocable license to use the RuckPay API and the Payment Transaction Processing Services to solely sell your products/services to your Customers.

You do not have the right to adapt or modify the platform/Payment Module, nor do you have the right to make copies, decompile the platform/Payment Module, and/or modify or attempt to modify them.

This license will be automatically revoked upon the effective termination of our Agreement. At such time, all documents or other promotional materials must be returned to RuckPay and/or destroyed at RuckPay’s request.

4       Your Obligations

4.1      Compliance with Laws and Regulations

You represent and warrant that your activities comply with applicable laws and regulations and with the provisions of these GTCU.

You must ensure that the Payment Module is implemented and used correctly, and you must inform your Customers about the correct use of the Payment Module.

You represent, warrant and undertake not to commit any act (whether actively, passively or by omission), and to ensure that none of your Customers commit any act, which you know or ought reasonably to know would lead to fraudulent, punishable and/or illegal use of the Payment Module, or which could breach the terms hereof.

RuckPay reserves the right to refuse to provide Payment Services to you if RuckPay believes that your action creates a risk to RuckPay or violates applicable laws and regulations.

4.2      User Names and Passwords

You must choose a username and password to enable you to access your RuckPay Account and use the Payment Transaction Processing Services.

Your username and password are unique to you and confidential in nature, and should be treated as such with due care. Consequently, you are solely responsible for any damage and/or loss resulting from misuse of your username and password, and you must inform us of any loss, theft and/or misuse thereof.

You will restrict access to these login information and to your RuckPay Account to employees and agents authorized by their function and will ensure that each of these employees/agents is aware of and complies with all applicable confidentiality provisions.

4.3      Obligations to provide Information and Transparency to your Customers

You are responsible for the clear inclusion of the following information for your Customers on your Website:

  1. Your contact details (or those of your Customer Service), including at least your address, telephone number, email address and registration number;
  2. Information about the prices of your products/services, delivery methods, delivery delays, any associated charges and the various payment methods;
  3. Where applicable, information about subscriptions, their duration, whether there are recurring payments and how subscriptions may be cancelled; and
  4. Your General Terms and Conditions of Sale.

4.4     Handling Customer Complaints

You are solely responsible for supporting your Customers.

You must reply to emails from your Customers within a reasonable period, when these emails concern your products/services or the use of the Payment Module.

You must be clear and proactive in communicating your General Terms and Conditions of Sale, your delivery policy and, in particular, the way in which any delay in delivery or cancellation of an order will be handled.

If RuckPay receives complaints aboutf you that require investigation by RuckPay, RuckPay reserves the right to charge you for any related costs.

RuckPay cannot be held liable to you ou your Customers for the handling of such claims and RuckPay remains explicitly outside any contractual relationship between you and your Customers.

4.5      Obligations to the Merchant relating to the Processing of Transactions and Refunds

Accuracy of Transaction/Refund data. You must ensure that all data required by us to process a Transaction and/or a Refund (including data required for Fraud checks) are provided with each Transaction/Refund. If said data is not provided, we reserve the right to immediately suspend processing the related Transaction/Refund.

Where we execute a Transaction/Refund in accordance with the data provided by the Merchant, the Transaction/Refund will be deemed to have been correctly executed. We are not responsible for the non-execution or the defective execution of a Transaction/Refund if the data provided by the Merchant is incorrect.

3-D Secure Authentication. For all credit/debit card transactions 3-D Secure Authentication will be offered. 3-D Secure Authentication may be required and imposed by the Acquirer if a Transaction is suspected to be fraudulent in nature.

You accept that additional costs and other restrictions may apply if you choose not to use 3-D Secure Authentication, where this offered.

We are not responsible for delays in response or any other malfunction of 3-D Secure Authentication, where such delay/malfunction is caused by third parties such as issuing banks and their 3-D Secure Authentication providers.

Compliance with applicable data protection laws. You undertake to comply with all requirements laid down by applicable data protection laws for the processing of all Personal Data as presented in the Payment Module.

If you fail to comply with your obligations, or if requested or required to do so by an Intermediary, Financial Institution, court or other governmental body, RuckPay shall be entitled to suspend its obligations to you.

In all circumstances, you must comply with the rules of the Payment Card Industry Security Standards (PCI-DSS) and the Payment Application Data Security Standards (PCI Software Security Framework) (https://listings.pcisecuritystandards.org/documents/PCI-Secure-SLC-Program-Guide-v1_1.pdf?agreement=true&time=16311390500438).

If, notwithstanding the foregoing, an Account is compromised as a result of your actions, you will be held solely responsible. In the event that RuckPay and/or an Intermediary conducts an investigation following the compromise of an Account, and costs are incurred in connection therewith, you agree to bear such costs, fines and/or penalties in advance. RuckPay shall inform you of the amount or provide you with an estimate of the cost. Information on PCI-DSS can be found on the PCI Security Standards Council website (https://www.pcisecuritystandards.org/).

Furthermore, in your General Terms and Conditions of Sale, which govern your contractual relationship with your Customers, you must indicate that you use RuckPay to process Transactions, and that your Customers’ Personal Data is shared with RuckPay. Therefore, you must ensure that your Customers, directly or indirectly, provide RuckPay and its affiliates with required (explicit) consents in accordance with applicable Data Protection Laws.

4.6      Responsabillity for Merchant Integration

It is your responsibility to comply with the installation instructions and manuals published by RuckPay to enable your integration with the Payment Module, as well as the installation of updates sent to your Dashboard. RuckPay is not obliged to notify you of minor changes to the software and its interfaces that do not affect your use of the Services.

5       Fees, Collection of Fees and Direct Debit Authorisation

5.1      RuckPay Service Fees

In exchange for the provision of the RuckPay Services, you agree to pay RuckPay all Fees and other amounts shown on your Account Statement in accordance with the Fee Schedule set out in Annex A to our General Terms and Conditions of Sale (“GTCS”) and accessible for information purposes from the following link www.ruckpay.com. RuckPay Services Fees will also be shown on your Dashboard.

RuckPay may revise its Fees any time with a minimum of thirty (30) days’ notice by email or by means of a notification on your Dashboard. At the end of the notice period the new Fees Schedule will automatically apply.

5.2      Collection of Fees and Other Amounts

Fees and other amounts due will be deducted from your bank account.

5.3      Direct Debit Authorisation

In accordance with the direct debit authorisation you submitted to us, you expressly authorise RuckPay to debit your bank account without separate notice for amounts due.

If RuckPay is unable to collect from your bank account, you agree that RuckPay may, without notice, make one or more further attempts to collect from your bank account in order to recover said amounts.

You direct debit authorisation shall remain in full force and effect until the Agreement between us is either terminated, your RuckPay Accounts closed or for as long as any Fee/amount is outstanding.

However, if RuckPay is unable to collect any amount due hereunder, RuckPay reserves the right to suspend your Account, terminate our contractual relationship and/or take any other appropriate action to recover said amount.

5.4      Inflation

In accordance with the European Payment Services Directive, RuckPay is entitled to modify its Fees to adjust to inflation, with the maximum coefficient being the inflation rate published the previous year by the Banque de France. However, such change may only occur once per annum and shall be announced with a minimum of thirty (30) days’ notice.

5.5      Taxes

Unless explicitly stated otherwise, all Fees quoted in the Fees Schedule or on the RuckPay Website are exclusive of VAT and other governmental charges. You are solely responsible for the assessment, collection, reporting and payment of any taxes and other duties you may owe to the tax authorities.

6       Security and Confidentiality

6.1      Fraud

RuckPay may terminate the contractual relationship between with immediate effect or suspend the provision of the Payment Services in the event of (suspected) Fraud, illegal activity and/or any other situation requiring further investigation. RuckPay shall be liable for any losses incurred as result of such investigation, suspension or termination.

6.2      Confidentiality

The Parties will treat all data and information relating to the other Party (including its affiliates) as secret and strictly confidential, will secure it appropriately and will not disclose it to third parties in any way whatsoever. The Parties will use aforementioned information and data solely for the purpose of the Agreement between them.

The Parties know or ought to know that all information and data of which the Parties become aware in the course of their contractual relationship, such as technical, financial and commercial information, technical formats, concepts, source codes, drivers and any other information, are secret or of a confidential nature and should not be disclosed to third parties, as their disclosure could result in financial losses for the other Party.

Moreover, in the event of total or partial termination of the Agreement between them, whether premature or not, and whatever the reason for the termination, neither Party shall use or disclose the confidential information and/or data of the other Party.  

Notwithstanding the foregoing, a Party shall have the right to disclose or transfer confidential information of the other Party to any competent authority where required by law, and RuckPay may disclose confidential information to an Intermediary or the Financial Institution where disclosure is necessary for RuckPay to fulfil its contractual obligations to the Merchant or in the event of (suspected) Fraud.

6.3      Fraud Protection Solution

RuckPay may provide you with a Fraud Protection Solution to filter Transactions processed through the Payment Module, which may include solutions developed by RuckPay or third parties. The Fraud Protection Solution performs a number of checks on Transactions and rates each Transaction on its likelihood of Fraud. RuckPay can offer you the option to set these scores to an “approve” or “reject” status.

The Fraud Protection Solution does not guarantee the prevention of fraudulent Transactions, nor protection against Chargebacks or fines that may result therefrom. Regardless of the obtained status, any Transaction may prove to be fraudulent.

Although the Fraud Protection Solution gives you a greater ability to monitor your payments and protect yourself against disputes, you remain ultimately responsible for the Transactions you choose to accept, including those that are subsequently disputed or found to be fraudulent.

7       Protection of Personal Data

7.1      Responsabilities of the Parties with Regard to the Processing of Personal Data

RuckPay processes your Personal Data (i) in connection with its Payment Services; (ii) in connection with legal obligations; (iii) in order to ensure the security and integrity of the financial sector (e.g. by actively detecting, investigating, preventing and fighting criminal or illegal behaviour); and (iv) for the purposes of analysis, development and improvement of its Services and Products.

In its Privacy Policy, RuckPay explains how and for what purpose your Personal Data and that of your Customers is collected, used, stored, communicated and protected.

With regard to the processing of Personal Data, the Parties are both considered data controllers under the GDPR, insofar as they independently determine the processing purposes and means of Personal Data. To this end, each Party shall be solely responsible for the Personal Data it processes and shall ensure compliance with applicable data protection laws. Where applicable, the Parties shall inform each other of the security measures taken.

You undertake to comply with all requirements laid down by the applicable laws on data protection for the processing of all Personal Data passing through the Payment Module.

7.2      Protection of Personal Data

RuckPay is responsible for the protection of Personal Data in its possession and will take all reasonable administrative, technical and physical measures to protect your Personal Data and payment data from unauthorised access, loss or unintentional alteration.

However, RuckPay cannot guarantee that unauthorised third parties will not be able to circumvent RuckPay’s security measures and use Personal Data or payment data for malicious purposes. In any event, you expressly accept such risk when you provide RuckPay with your Personal Data and those of your Customers. Furthermore, you are entirely responsible for the protection of Personal Data that you process directly via your Website(s), your application(s) or that you have in your possession.

In the event of a (suspected) breach of Personal Data or payment data within your organisation, you must notify RuckPay of such breach without delay and in no event later than two (2) business days (48 business hours) after discovery of the data breach. RuckPay or the Financial Institution may request additional information from you regarding said breach, in which case you must provide the requested information without delay.

7.3      Confidentiality of Personal Data

Each Party undertakes to take all necessary measures to preserve the confidentiality of Personal Data in its possession. RuckPay may disclose Personal Data to a third party only (i) in order to fulfil its obligations under the Payment Services; and (ii) where required by law.

With the exception of RuckPay where this is necessary for the proper performance of its Services and excluding the aforementioned situations, the Party shall refrain from communicating Personal Data to any third party whatsoever without the prior written consent of the other Party.

8       Miscellanous

8.1      Indemnification of Merchants

You undertake to defend, indemnify and hold harmless, and where applicable, to compensate us, our representatives and our employees, against any and all claims (and the related costs) of your Customers, Financial Institutions, Intermediaries and/or third parties relating to (i) the inappropriate use of the Payment Module by you or your Customers, as defined in article 3.1; (ii) defects in your Website and/or defects in your products/services; (iii) failure to comply with your legal and regulatory obligations, in particular with regard to consumer and data protection; (iv) and illegal acts on your part with regard to your Customers and/or third parties. 

8.2      Complaints, Breakdowns and Assitance

RuckPay will remain available during normal business hours to provide you with a reasonable level of technical assistance in connection with the use of the Payment Module.

When a problem occurs that renders the Payment Module unusable, you must notify RuckPay as soon as possible. RuckPay will do its utmost to find a remedy to a breakdown within a reasonable period in order to fully restore the functionality of the Payment Module.

In the event of a breakdown, the following protocol applies:

  • You must inform RuckPay (by email or telephone) as soon as possible, and in no event later than two (2) hours after becoming aware of the breakdown;
  • RuckPay records the information and provides you with a ticket number referencing the breackdown;
  • RuckPay will investigate and endeavour to reach a solution within a reasonable period, and will then inform you of the solution implemented.

If you have a complaint regarding RuckPay’s Payment Services, please contact us using following email address: [email protected].

You can find more information about our policy on handling complaints on our website.

8.3      Term

You accept the applicability of the terms contained in these GTCU as soon as the registration process as described in article 2.1 is completed. Once this condition has been met, these GTCU apply for an indefinite period until the termination of the GTCS to which they are subject.

Under certain conditions, in application of the GTCS to which these GTCU are subject, RuckPay may terminate and/or suspend access to its platform or the Payment Module.

The conditions for termination by the Merchant are contained in RuckPay’s GTCS. You may also terminate the Agreement subject to a notice period of at least one (1) calendar month.

8.4      Other

These GTCU apply to the use of the platform and Payment Module and will remain applicable after termination of our Services.

All other GTCU or agreements are unenforceable unless the Parties explicitly agree otherwise in writing. These GTCU supersede all previous GTCU. RuckPay reserves the right to modify these GTCU. Notification thereof may be made in writing by email or via a notification on your Dashboard. Modifications will be effective one (1) month after notification unless otherwise stated. If you do not wish to accept these modifications, you will have the right to terminate the Agreement, subject to a one (1) months’ notice.

These GTCU are governed exclusively by French Law and the Parties shall bring any disputes before the courts of Paris.

If any provision of these GTCU is found to be invalid or unenforceable, said provision will be severed and the remaining provisions and other sections shall remain in full force and effect.