GENERAL TERMS OF "IRIS SOLUTIONS" LTD REGARDING THE USE OF "PAYMENT TERMINAL" PRODUCT
I. Definitions
Art. 1. (1) For these General Terms and Conditions, the terms listed below shall have the following meanings, unless the context requires a different interpretation: "Provider" is "IRIS Solutions" Ltd, EIK 204997709, licensed to provide payment services according to BNB decision No. 316/17.09.2019;
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"Product" or "Payment terminal" is a software solution of the Supplier that is installed and/or integrated with the Merchant's systems, through which information exchange between the Merchant and its customers is possible and payments are accepted (from an account and/or bank card), with which the Merchant's goods/services are paid for. Payments may be related to:
* Payment for goods/services in the Merchant's online store;
* Payment for goods/services in the Merchant's physical store;
* payment according to the Merchant's invoices;
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„General Terms and Conditions" means the current General Terms and Conditions of "IRIS Solutions" Ltd regarding the use of the "Payment" Terminal" product;
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"Merchant" is a person carrying out an economic activity or providing services by profession, who provides goods/services, the payment of which is possible through the Product;
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"Transaction" is a payment operation made through the Product to the Merchant's account in a bank/payment institution.
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"Users" are the Merchants and individuals - their customers- who use the Supplier's Payment Terminal product.
(2) Unless the context otherwise requires, words used in the singular shall also mean the plural of those words, and words used in the plural shall mean the same words in the singular.
Art. 2. The general conditions apply when using the Product. Each Merchant must agree to and comply with the General Terms and Conditions when using the Product.
II. Conditions for Merchants to access the Product's functionalities
Art. 3. (1) A prerequisite for obtaining access to the Product is for the Merchant to enter into a contract with the Supplier governing the use of the Product and to be approved by the Supplier.
(2) The approval under para. 1 is provided under the following fulfilled conditions:
1. The trader has provided the registration data and data on the actual owner required by the Supplier;
2. The activity of the Trader is related to the provision of goods and/or services permitted by the current legislation. If the commercial activity carried out is subject to a license or permit regime, the Trader should provide evidence that he possesses the relevant licenses and/or permits;
3. The trader should enjoy a good name and comply with the provisions of the current legislation related to the exercise of his activity;
Art. 4. (1) After approval, the Supplier provides software (plug-in, app, etc.) to the Merchant, which must be installed and/or integrated with the latter's systems to be able to use the Product.
(2) The correct use and full functionality of the Product may require compliance with other requirements specified by the Supplier.
Art. 5. The Supplier should provide the Merchant with detailed instructions for working with the Product, tailored to the nature of the expected payments from customers (online store, physical store, and/or by invoice) before the Merchant starts working with the Product.
Art. 6. In case of doubts or established cases of violations related to the information or actions provided by the Merchant, as well as to limit the possibility of committing illegal actions, the Supplier may unilaterally limit the functionality of the Product, including the amount of payments permissible through The payment terminal. Restrictions may concern the number of Merchant accounts to receive payments, the maximum amount of a single Transaction, the number and amount of Transactions by a certain person (client), the type of goods/services for which payments are to be received, etc. about which the Merchant is notified promptly.
III. Use of the Product Art. 7.
The receipt of payments through the Product is carried out at the initiative of the Merchant or the respective customer, and the latter must necessarily approve the Transaction. The specific way of initiating and carrying out transactions is specified by the supplier in the instructions under Art. 5 or another suitable method.
Art. 8. (1) The Supplier shall notify the Merchant electronically (through the Product and/or by e-mail) of each successful payment through the Payment Terminal.
(2) Through the Product, the Merchant can monitor and receive information about the completed Transactions.
Art. 9. (1) The Merchant may receive advertising materials, as well as coordinate them with the Supplier, to promote the Product.
(2) The Merchant may participate in marketing campaigns, as well as coordinate independent ones with the Supplier, to promote the Product
IV. Responsibility
Art. 10. (1) The Provider may carry out inspections of the Transactions to establish whether there are illegal and/or suspicious operations, as well as in case of complaints made by Users.
(2) In case of a complaint, the Supplier should request information about the case from the Trader, providing him with an appropriate period for this, but not shorter than 3 working days.
(3) In the event of an established illegal, unlawful, or dubious operation, as well as in the event of an upheld complaint, the Merchant is obliged to refund the amount received at his own expense, as well as to perform other actions indicated by the Supplier. The supplier may also require other actions to repair the damage, insofar as such are permissible by law and are required by the nature and character of the specific case.
Art. 11. (1) In case of doubt (until the case is clarified) or in case of established cases of illegal actions, the Supplier may unilaterally block in whole or in part the possibility of the Merchant to use the Payment Terminal, for which the Merchant shall be notified promptly, without owing compensation for that.
(2) Information on cases under para. 1 can also be provided to the competent authorities.
Art. 12. The Provider will take care to ensure the possibility of accepting Transactions through the Product continuously (24 hours a day, 7 days a week), not being responsible if payments are not allowed or become impossible due to a reason for which the relevant bank/payment institution servicing the account.
V. Fees
Art. 13. For the use of the Product, the Supplier charges the Merchants fees, as agreed in their contracts or the Supplier's Tariff.
Art. 14. In case the Merchant uses additional services, fees may be due, according to the Supplier's Tariff.
VI. Termination and change of access and functionality of the Product
Art. 15. Unless otherwise stipulated in his contract, the Merchant may at any time terminate the use of the Product, as well as exclude his account in a certain bank/payment institution from the scope of the Product.
Art. 16. (1) The Supplier will make efforts but does not undertake, for the uninterrupted functioning of the Product, reserving the right to terminate the Merchant's access without prior notice. The Provider has the right to make changes to the functionalities of the Product, including limiting them, and excluding access to them, without prior notice. The Supplier will make all reasonable efforts to notify the Merchant in advance of planned changes in functionalities or termination of access to the Product.
(2) The Supplier shall inform the Merchant and give him detailed instructions in case of modifications and changes to the Product that require additional installation, integration, or changes in the Merchant's systems.
VII. Others
Art. 17. (1) If a Merchant notices a malfunction when using the Product, he can contact the Supplier using the correspondence details specified below: IRIS Solutions Ltd
EIK 204997709
Address: Sofia, Tsarigradsko Shose Blvd. 111B, Sofia Tech Park, Incubator Building, 1st-floor Email address: sales@irisbgsf.com
(2) The Provider will consider the request and notify the affected Users electronically of its decision within 7 days. If the deadline cannot be met and/or additional information is required, the Provider will notify the affected Users electronically.
Art. 18. The Supplier undertakes to assist the Trader in the event of questions, problems, and malfunctions of those specified in Art. 16 correspondence details.
Art. 19. (1) The Supplier has the right to change these General Terms and Conditions, for which he sends a notification to the Merchant in advance through the Product. A notice of the change to the General Terms and Conditions is also posted on the Supplier's website.
(2) The changes in the General Terms and Conditions are effective against the relevant Trader only if the latter accepts them. If the Merchant does not accept relevant amendments to the General Terms and Conditions, the Supplier may partially or fully restrict the use of the Product.
(3) If the Holder does not accept the change in the General Terms and Conditions, he has the right to terminate the framework contract at any time before the date of their entry into force, without being responsible for costs and compensation.
Art. 20. If a provision of these General Terms and Conditions is declared by a court or other similar institution to be invalid, illegal, or unenforceable, regardless of this, all other provisions of the General Terms and Conditions shall remain in full force and effect.
Art. 21. For cases not regulated by these General Terms and Conditions, the applicable law of the Republic of Bulgaria shall apply.
These General Terms and Conditions have been accepted and entered into force on 20.01.2020.
Last modified: 08.11.2024