Verifone FI-01670 User Manual
Verifone general terms of agreement
Valid as of January 1, 2021
GENERAL TERMS OF AGREEMENT,
TERMS OF DELIVERY, SERVICE AND SETTLEMENT
Verifone Finland Oy | Vantaankoskentie 14 | FI-01670 VANTAA | FINLAND | www.verifone.fi
Terms of Delivery and Service for Verifone Payment Terminal
products and services (Settlement Agreement Terms and Conditions given separately
beginning on page 10)
Contents
1 Scope of application.................................................................................................................................................................. 2
2 Creation and assignment of Agreement .................................................................................................................................... 2
3 Delivery of the Service or Product ............................................................................................................................................. 2
4 Providing and using the Service ................................................................................................................................................ 2
5 Information security and standards ........................................................................................................................................... 3
6 Error in the Service; Service maintenance and troubleshooting................................................................................................. 3
7 Infringement of intellectual property rights ................................................................................................................................. 4
8 Identifiers .................................................................................................................................................................................. 4
9 Client Details and their use ....................................................................................................................................................... 4
10 Compensation for costs and damages .................................................................................................................................... 5
11 Payments and invoicing .......................................................................................................................................................... 5
12 Suspending the Service .......................................................................................................................................................... 6
13 Termination of the Agreement ................................................................................................................................................. 6
14 Special Terms concerning Payment Terminals owned by Client ............................................................................................. 7
15 Special Terms concerning Payment Terminals included in the Service ................................................................................... 7
16 Special Terms of the Premium plus service ............................................................................................................................ 8
17 Special terms and conditions concerning the need for a substitute device .............................................................................. 8
18 Special Terms concerning short term Payment Terminal Service ............................................................................................ 8
19 Special Terms of the Verifone Reporting Service .................................................................................................................... 8
20 Point of sale interface and its Special Terms ........................................................................................................................... 9
21 Special Terms of Verifone Economic Administration Integration (EAI) ..................................................................................... 9
22 Other terms ............................................................................................................................................................................. 9
23 Validity of Terms of Delivery ................................................................................................................................................... 9
General Terms of the Verifone Settlement Agreement
1. Signing the Service Agreement and applying the Vendor Terms ............................................................................................ 10
2. Definitions .............................................................................................................................................................................. 10
3. Functional principle of Payment Service................................................................................................................................. 11
4. Methods of payment offered by Means of Payment Providers ................................................................................................ 11
5. Vendor details ........................................................................................................................................................................ 12
6. Details on payments transmitted ............................................................................................................................................ 12
7. Agreement between Vendor and Consumer .......................................................................................................................... 12
8. Vendor’s obligations............................................................................................................................................................... 14
9. Invoicing, payments and costs ............................................................................................................................................... 14
10. Providing and using the Service ........................................................................................................................................... 15
11. Vendor’s integrations ........................................................................................................................................................... 15
12. Information security .............................................................................................................................................................. 16
13. Availability of the Payment Service ...................................................................................................................................... 16
14. Impact of Means of Payment Providers ................................................................................................................................ 17
15. Complaints and liability for compensation for damages ........................................................................................................ 17
16. Confidentiality ...................................................................................................................................................................... 18
17. Copyright and trademarks .................................................................................................................................................... 18
18. Infringement of intellectual property rights ............................................................................................................................ 18
19. Amending the Vendor Terms and assigning the Agreement ................................................................................................. 19
20. Validity of the Service Agreement, suspending the Payment Service, and ........................................................................... 19
termination and cancellation of the Service Agreement .............................................................................................................. 19
21. Applicable law and forum ................................................................ ..................................................................................... 20
ADDENDUM 1: Addendum concerning data protection .............................................................................................................. 20
Verifone Finland Oy
January 1
st
, 2021
2
Verifone Finland Oy | Vantaankoskentie 14 | FI-01670 VANTAA | FINLAND | www.verifone.fi
1 Scope of application
1.1 Application of Terms of Delivery
These Terms of Delivery shall apply to products and
services delivered by Verifone Finland Oy or a
company in the same group of companies (hereinafter
Verifone) to Client. These Terms shall be applied to
all companies belonging to the same group of
companies as Client to which Verifone delivers
products and services. These Terms of Delivery shall
apply in all cases unless otherwise agreed in writing
by Client and Verifone.
2 Creation and assignment of Agreement
2.1 Creation of Agreement
The Parties shall execute a written Agreement
concerning the Service. The Agreement shall be
created when the Parties have signed it or when
Verifone has a c c epted Clien t ’ s order.
2.2 Agreements executed by a Verifone reseller. If
Verifone discovers that errors have been made in
executing the Agreement, Verifone shall be entitled
to rectify same. Client shall be notified immediately
of any such changes. If such changes are detrimental
to the status of Client, Client shall have the right to
cancel the Agreement.
2.3 Assignment of Agreement
Neither Party shall have the right to assign the
Agreement to a third party without the advance
written consent of the other Party. From a party
transferring a contract to another or third party,
Verifone may charge a trade-off fee according to the
price list. However, either Party shall have the right
to assign the Agreement without the consent of the
other Party, in full or in part, to an entity belonging to
the same group of companies as the assigning Party
or to a third party to which the Business Operations
referred to in the Agreement are being transferred.
The assigning Party shall notify the other Party of
such an assignment in advance. Moreover, Verifone
shall have the right to assign any receivables
pursuant to the Agreement to a third party. Following
notification of such an assignment of receivables,
valid payments in respect of said receivables may
only be made to the assignee.
3 Delivery of the Service or Product
3.1 Time of delivery
Verifone shall be obliged to deliver the Service or
Product at the time agreed or, if the delivery time has
not been specifically agreed, within a reasonable
time of the execution of the Agreement or the placing
of the order.
3.2 Acceptance of delivery
Client shall inspect the Product or Service and any
devices delivered to Client in respect of same
immediately after delivery. A Delivery shall be
considered to have been accepted when Client pays
the invoice submitted for said Delivery, or in any case
two (2) weeks after it is delivered. Any complaints
regarding a Delivery shall be submitted in writing.
Complaints notwithstanding, a Delivery shall be
considered to have been accepted as long as it does
not contain errors as specified in section 6.1. Client
shall be liable for the costs of the aforementioned
inspection and of the testing of any devices and user
environments not forming part of the Service, and for
the costs of any actions thereby required.
3.3 Client’s d u t y to contribut e
Client shall provide to Verifone the pre-installation
details needed for the delivery of each Service or
Product according to the timetable agreed, in any
case no later than two (2) weeks before the
installation date, and shall also notify Verifone well
in advance of any changes to details previously
provided or to any other circumstances relevant for
the providing of the Service. Such details shall be
provided in a manner specified by Verifone. Client
shall be responsible for the details provided to
Verifone and for their correctness.
3.4 Delay due to Client
Verifone shall have the right to charge the fees
defined for the Service for any period during which it
has not been possible to deliver the Service for
reasons due to Client. If the Service is to be delivered
later than on the agreed delivery date for reasons due
to Client, Verifone shall have the right to determine a
suitable delivery date.
4 Providing and using the Service
4.1 Providing of the Service and changes
Verifone shall deliver the Service pursuant to the
Agreement using Ve r i f o n e ’ s own m e t h ods an d i n any
way that Verifone considers best and may use
subcontractors in delivering the Service. Each Party
shall be liabl e for their su b c o n t r a c tors’ performanc e
as for their own. Verifone shall have the right to make
changes affecting the technology and usage of the
Service. If such changes require changes to be made
to Client’s equipment or software, Client shall make
such c h a n g e s at Client’s o w n ex p e n s e . Verif o n e shal l
notify Client of any changes to the Service impacting
Client within a reasonable time in advance, no later
than two (2) months before said changes. Any
changes to the content of the Service requested by
Client shall be subject to a fee to be determined by
Verifone.
4.2 Content of the Service and special terms applying
to the Service
The content of the Service and the special terms
applying to same shall be determined in the Service
Agreement and its Appendices, including currently
valid Verifone Service Descriptions. Any details given
in product brochures or other marketing materials
shall not constitute service specifications and shall
not be binding upon Verifone.
Verifone Finland Oy
January 1
st
, 2021
3
Verifone Finland Oy | Vantaankoskentie 14 | FI-01670 VANTAA | FINLAND | www.verifone.fi
4.3 Right of use to software and documents
Ownership and IPR in any software, documents,
testing materials and information and in any amended
versions thereof shall be retained by Verifone or a
third p a rty (such as V erifone’s principal or a V e r i f o ne
subcontractor), and Client shall not, except by the
advance written consent of Verifone, have the right
to copy, translate or modify such materials,
documents or software or to allow a third party to use
them, or to use the software to provide services to
any third parties, unless mandatory legislation
provides otherwise. Verifone hereby grants Client the
right to use the software Service and Service
materials delivered by Verifone pursuant to the
Agreement in Cl i e n t ’s business operations for the
duration of the validity of the Agreement. However,
Client and any third parties acting on behalf of Client
shall have the right to continue to use material
obtained from the software Service that contains
Client’s ma t erial, and m aterial created for Cl i e nt
(such as reporting data), beyond the expiry of the
Agreement. When the right of use expires, Client
shall at his cost either return or, if Verifone so
requests, destroy any originals and copies of material
in C l i e n t ’s p o s session, incl u d i n g st o r a g e dev i c e s a n d
documentation.
4.4 Client’s devices , s o f t w a r e a n d
telecommunications connections Client shall be
responsible for the acquisition and maintenance of
any software and equipment not included in the
Service pursuant to the Agreement. Client shall
establish any telecommunications connections
required for the Service and shall be liable for the
costs and risks thereof in full.
4.5 Using the Payment Terminal
Client shall be responsible for ensuring that only
cards issued by those card providers with which
Client has signed an agreement are used in the
Payment Terminal.
5 Information security and standards
5.1 Card data processing services
Verifone shall commit to ensuring that the services in
which payment card data are processed (Verifone
Services) comply with the mandatory information
security provisions and standards valid for those
payment card services at any given time.
5.2 Integrating the Payment Terminal into a POS
system
If the Payment Terminal is integrated into a point of
sale system (POS System) using the existing
Verifone POS interface, Verifone shall commit to
ensuring that the Payment Terminal does not transmit
unencrypted card numbers or other sensitive card
data to Clie n t ’ s POS Syst e m o r L A N .
5.3 Payment Terminals forming part of the Service
Verifone shall commit to ensuring that the Payment
Terminals forming part of the Service comply with all
mandatory information security provisions and
standards valid for card payment terminals
throughout the Agreement Period. In case of an error
or malfunction in a Payment Terminal, Verifone shall
be liable as provided for in section 15.1.
5.4 Payment Terminals sold to Client
Verifone shall commit to ensuring that Payment
Terminals to be sold to Client comply with all
mandatory information security provisions and
standards valid for card payment terminals as at the
time of sale. In case of an error or malfunction in a
Payment Terminal, Verifone shall be liable as
provided for in section 14.3.
6 Error in the Service; Service maintenance and
troubleshooting
6.1 Error in the Service
The Service shall be considered to have an error if it
deviates to a material extent from the specifications
determined in the Service Agreement and said
deviation substantially compromises the use of the
Service. Verifone does not guarantee that the Service
will be available without interruption and does not
guarantee that any error or interruption will be
remedied within any particular period of time.
6.2 Service maintenance and troubleshooting
Supplier shall maintain the Service in working order
as per the Agreement and shall remedy any errors in
the Service as soon as possible. Supplier shall have
the right to interrupt the providing of the Service on
a temporary basis without advance notification if
necessary because of an acute error impacting
information security. Supplier shall notify Client of
such a situation as soon as possible. Supplier shall
have the right to interrupt the providing of the Service
on a temporary basis by giving notice thereof at least
one week in advance, if necessary for building,
repairs or maintenance to same. Supplier shall
endeavor to ensure that such an interruption i s brief
in duration and causes as little inconvenience or
damage to Client as possible.
Advance notice shall be sent through the Service user
interface, on the verifone.fi website, or in a manner
agreed separately. The liability of Verifone is limited
to rectifying errors in the Service as stated above.
6.3 Limitations to maintenance
Remedying an error that is beyond the control of
Verifone or that falls within the responsibility of Client
shall not be covered by the Maintenance Service.
Verifone shall make a separate charge for any repairs
required by such an error, including but not limited to
errors caused by:
6.3.1 incorrect use of the Service, negligence or
carelessness in using the Service or in following
maintenance instructions or environmental
requirements; or
Verifone Finland Oy
January 1
st
, 2021
4
Verifone Finland Oy | Vantaankoskentie 14 | FI-01670 VANTAA | FINLAND | www.verifone.fi
6.3.2 devices, data connections, software or settings
not belonging to the Service, or changes or repairs
made by a party other than Verifone.
6.4 Remedying an error
The liability of Verifone regarding errors in the
Service shall be limited to remedying errors in the
Service that fall within the responsibility of Verifone.
The liability of Verifone regarding hardware errors
shall be restricted to the Verifone obligations set
forth in sections 14.3 and 15.1.
7 Infringement of intellectual property rights
7.1 Responsibility of Verifone for intellectual property
rights
Verifone shall be responsible for ensuring that the
Service it delivers does not infringe upon intellectual
property rights valid in Finland during the Agreement
Period.
7.2 Defense of rights
If legal action is pursued against Client or claims are
presented on the basis that using the Service
delivered by Verifone infringes upon an intellectual
property right protected in Finland, Verifone shall
undertake to defend Client against such an action or
claim as it best sees fit and shall indemnify Client
against any compensation ruled payable by Client. In
such a matter, Client shall not have the right, except
by advance written consent from Verifone, to enter
into an agreement or any other arrangement to settle
the matter with the party filing the legal action or
claim. In order for Verifone to be held liable as
described above, Client shall notify Verifone of any
such claims immediately upon learning of them and
at the same time shall authorize Verifone to act on
Client’s behalf to saf e g u a r d Client ’ s interes t s an d
shall provide Verifone with any and all information
and assistance needed to manage the matter.
7.3 Rectifying an identified infringement
If a claim of infringement of intellectual property
rights as described above in section 7.2 acquires
legal force, or if Verifone considers it probable that it
will acquire legal force, Verifone shall obtain at its
own cost the right to use the relevant service or part
thereof, or replace the Service with another
comparable Product whose use does not infringe
upon the aforementioned rights, or amend the Service
so as to remove the infringement. In such a case,
Verifone shall also have the right to terminate
delivery of the Service without notice. The liability of
Verifone for infringement of intellectual property
rights shall be limited to the measures described in
this chapter 7.
7.4. Limitation of liability
Verifone shall not be held liable to Client for any
infringements of intellectual property rights caused
by the Service having been altered or used for a
purpose for which it was not designed or approved,
or by the Service being used in conjunction with a
product or service delivered by another supplier or by
Client himself, or by the Service being used contrary
to instructions issued by Verifone.
8 Identifiers
8.1 Client’s i d e n t ifiers
Verifone shall have the right, after consulting Client,
to determine the user IDs, numbers, addresses and
other si m i l a r ident i f i e rs t o be a s s i gned to C l i ent’s u s e
(hereinafter Identifiers).
8.2 Identifier administration
Verifone shall only create one set of Identifiers for
Client for using the Service; Client shall use these to
administer the identifiers of other end users.
8.3 Cha n g i n g Ident i f i e r s at Client’s re quest Client ’ s
Identifiers may be c h a n g e d at C l i ent’s r e q u e s t, f or a
fee, provided that the requested change is technically
possible and will not cause unreasonable
inconvenience to Verifone or to any third party.
8.4 Right of Verifone to change Identifiers
Verifone shall have the right to change Identifiers if:
8.4.1 so required by official orders, reasons related
to delivering the Service, or other technical reasons
(Verifone shall notify Client of such a change no later
than two (2) months of the change coming into effect);
or
8.4.2 Verifone has justifiable cause to assume that
such a change is required for the information security
of the Service or of Client. Verifone shall notify Client
of changes made for security reasons as soon as
possible. The principal notification channel shall be
the e-mail address given by Client.
9 Client Details and their use
9.1 Disclosure of details
Client shall supply Verifone with the details requested
by Verifone for the Service before the Service is
launched (hereinafter Client Details) and verify that
the details as entered are correct. Client shall notify
Verifone without delay concerning any change in
Client Details. Client shall be responsible for
ensuring that end users of the Service declared by
Client to Verifone are aware that Client Details
concerning them have been disclosed to Verifone.
9.2 Disclosure of Client Details and Identifiers
Verifone shall have the right to disclose Client Details
and Identifiers to such an extent as required by
currently valid legislation.
Verifone Finland Oy
January 1
st
, 2021
5
Verifone Finland Oy | Vantaankoskentie 14 | FI-01670 VANTAA | FINLAND | www.verifone.fi
10 Compensation for costs and damages
10.1 Negligent damages
Either Party shall be liable to compensate the other
Party for any direct damage shown by the injured
Party to have been caused by negligence of the
offending Party. However, such liability of a Party
shall be limited for each month to the portion of the
monthly invoiced amount related to the part of the
Service that said negligence concerns, calculated on
the basis of the average over six months preceding
the damage event. If the Agreement has been valid
for less than six months prior to the damage event,
the maximum liability for compensation shall be
calculated on the basis of the average of monthly
invoicing during the validity of the Agreement. If
either Party should be liable to pay the other Party,
pursuant to the Agreement or otherwise, a
contractual penalty, refund or standard compensation
the basis of whose calculation is defined in the
Agreement, then the liability of the offending Party
for compensation shall be limited to the amount of
such a penalty or compensation. The total liability for
compensation of either Party for damage caused in
any one calendar year shall be limited to an amount
that is six (6) times the average monthly invoicing in
the year or shorter period in question, ex VAT.
10.2 Limitation of indemnity
Neither Party shall be liable to compensate the other
Party for indirect damage or damage that the Party
could not have reasonably anticipated. Also, neither
Party shall be liable to compensate the other Party
for damage caused by circumstances within the
responsibility of the other Party or a third party
(including but not limited to damage caused by
actions of Client, a user of the Service, another
telecommunications company or another service
provider, or caused by any equipment, data
connections or software within the responsibility of
same), nor for damage caused by circumstances
beyond the control of the Party (including but not
limited to power fluctuations, thunderstorms,
electricity supply failure, fire, water damage or other
accident) If a Payment Terminal is damaged and the
payment card transactions stored in its memory are
lost, neither Party shall not be liable to compensate
the other Party for damages thereby caused. Neither
Party shall be liable to compensate the other Party
for the exercising of rights pursuant to the present
Agreement, including but not limited to problems
caused by temporary interruptions to the Service as
referred to in sect i o n 6. 2 . Bot h Parties ’ liabi l i t y fo r
compensation shall be limited in its entirety to
compensating for the damage specified in this
chapter 10.
10.3 Liability for compensation concerning payment
card data
Supplier’s l iability f o r in correct o r un d e l i v ered
payment card data shall cease when the company
receiving payment card data that is used by Client
refuses to accept outdated payment card data
pursuant to its agreement with Client.
10.4 Claiming compensation
Compensation for damages shall be claimed within a
reasonable period of time from when the grounds for
compensation were discovered or should have been
discovered, but no later than one (1) year after the
alleged damage event occurred. With respect to
compensation claimed for a device, the claim shall be
filed within one (1) year of the device being delivered.
10.5 Errors in devices controlled by Client
If Client connects faulty or disruptive devices to the
Service, in violation of section 4.4, or if a malfunction
reported by Client is caused by devices, data
connections, s p e c ifications o r s o f t ware under Cli e n t ’ s
control, Client shall be liable to compensate Verifone
for any damage caused and for the costs of locating
such malfunctions.
11 Payments and invoicing
11.1 Fees payable for the Service
Client shall pay Verifone the fees for the Service and
its use that are specified in the Tariff or the
Agreement, in accordance with the Invoicing Periods
specified in the Tariff or the Agreement. Service
connection fees and the first Invoicing Period shall
be invoiced at the time of delivery.
11.2 Fees payable for the Products
Client shall pay Verifone the prices for the Products
that are specified in the Agreement or Tariff valid at
any given time. Products shall be invoiced at the time
of delivery. Current service charges are in the
separate price list. Other charges outside of the
service can be found in the same list.
11.3 Terms of payment
The terms of payment shall be 14 days net. Payments
shall be made on the invoice due date at the latest.
Client shall be considered to have accepted these
terms by paying the invoice. If the credit limit agreed
separately with Client is exceeded, or if an
exceptional quantity of payments due are
accumulated in any Invoicing Period, Verifone may
send an extraordinary invoice to Client, deviating
from the normal invoicing timetable. Verifone shall
have the right to charge recovery costs and handling
fees for payments in arrears, and also penalty
interest at an annual rate pursuant to the Intere st Act
valid at any given time, as of the due date of the
invoice. If Client has not paid overdue invoices
despite a notice of overdue payment and suspending
of the Service, other payments for the Service that
are not yet due shall also fall due.
11.4 Advance payment or collateral
Verifone shall have the ri ght to check Client’s credit
report and to demand that Client pay a mutually
agreed advance payment or pledge collateral if
Verifone considers it necessary for safeguarding its
receivables due to Client’s cr e d i t record, pa y m ent
history or other justified reason. Verifone shall not
Verifone Finland Oy
January 1
st
, 2021
6
Verifone Finland Oy | Vantaankoskentie 14 | FI-01670 VANTAA | FINLAND | www.verifone.fi
pay interest on any such advance payment or
collateral. Verifone shall have the right to offset any
overdue receivables against such an advance
payment or collateral, inclusive of penalty interest
and recovery costs.
11.5 Remarks on invoices
The deadline for remarks on invoices shall be eight
(8) days. Any remarks concerning an invoice shall be
made in writing before the due date. Notwithstanding
any remarks made, Client shall pay any undisputed
portion of an invoice by the due date. If a remark is
found upon inspection to be baseless, Client shall
pay the invoice inclusive of penalty interest within two
weeks of being informed of the outcome of the
inspection.
11.6 Basic Fee
Verifone shall have the right to collect a fixed, time-
based Basic Fee as per the Tariff or Agreement
independently from the date of delivery of each
Payment Terminal or Service component. Basic Fees
shall be invoiced by Invoicing Period in advance.
Basic Fees shall be payable also for any period in
which the Service is suspended or in which the
Payment Terminal has not been used. If the Service
Agreement expires in the middle of an Invoicing
Period, the Basic Fee shall be collected for the entire
Invoicing Period; the Basic Fee shall not be
refundable.
11.7 Invoice itemization
Verifone shall, if Client so requests, provide
information on how an invoice is made up, insofar as
this is possible technically and under law. If Client
requests itemization that calls for repeated manual
work, Verifone shall have the right to charge a fee as
per the Tariff for said itemization.
11.8 Tariff amendments
Verifone shall have the right to amend its Tariff and
to update the fees charged for the use of the Service.
Client shall be notified in writing of any increases to
the fees charged for the use of the Service, such
notification being sent to the invoicing address or email address most recently provided by Client. Client
shall have the right to give notice to terminate the
Agreement immediately when the increased fees
charged for the use of the Service enter into force. If
Client has a fixed-term Service Agreement, any
increase in the fees charged for the use of the
Service shall not enter into force until the current
Agreement Period expires.
12 Suspending the Service
12.1 Client’s r i g h t to reques t s uspending of t h e
Service
If the Client has an indefinite contract, Verifone may
suspend the Service for a fixed pe r i o d at Client ’ s
request. A fee as per the Tariff shall be charged for
the suspension and re-activation of the Service. If the
Service includes any Payment Terminals or other
devices, it shall be separately agreed whether such
devices should be returned temporarily to Verifone.
12.2 Verifo n e ’ s r i ght to sus p e n d t he Service
Verifone shall have the right to suspend any and all
Services provided to Client if:
– Client has not, despite a notice of overdue payment,
paid the overdue receivables due to Verifone,
– Client is discovered to have provided false
information in connection with activating the Service,
– Client exceeds a mutually separately agreed credit
limit,
– Client fails to deposit an advance payment or
collateral as referred to in section 11.4 within one
week of Verifone demanding such deposit,
– Client has been placed in receivership or corporate
structuring or has sued or been sued for bankruptcy,
or Cli e n t has a p p l i ed f o r a p u blic s u m m o n s to C l ient’s
creditors, or Client has otherwise been found to be
insolvent,
– Client has caused disruption to Verifone services or
other end users and, despite being given a notice of
same, continues to use malfunctioning devices or
software,
– Client fails to comply with his Agreement
obligations despite being given a notice of same, or
commits a material breach of his Agreement
obligations,
– Client has ceased to exist according to a Trade
Register entry or similar official register entry, or
– Client cannot be contacted for the purpose of
investigating a matter pursuant to the present
Agreement.
If Client submits a written complaint about an invoice
to Verifone and pays the undisputed portion of the
amount invoiced, Verifone shall not suspend the
Service because of non-payment of the disputed
amount while the complaint is being investigated.
13 Termination of the Agreement
13.1 Agreements valid until further notice
An Agreement valid until further notice may be
terminated wi t h t h r ee (3) mo n t h s ’ notice.
13.2 Client’ s r i g h t to cancel t he Agr eement
Client shall have the right to cancel the Agreement if
the Service deviates substantially from that which
was agreed and Verifone does not correct the error
or replace the delivery within a reasonable time of
Client’s written notice to that effect , or if delivery of
the Service is unreasonably delayed for reasons due
to V erifone’s negligence. Client’ s right to c ancel the
Agreement shall only apply to the erroneous or
delayed portion of the Service.
Verifone Finland Oy
January 1
st
, 2021
7
Verifone Finland Oy | Vantaankoskentie 14 | FI-01670 VANTAA | FINLAND | www.verifone.fi
13.3 Verifo n e ’ s r i ght to canc e l the Agreement
Verifone shall have the right to cancel the Service
Agreement in full or in part if:
– t h e Servic e has b e e n s u s p ended a t Client’ s reques t
for more than one year,
– the Service has been suspended for the reas on
referred to in section 12.2 for more than one month,
or
– Client has committed a material breach of his
contractual obligations and has not rectified said
breach within fourteen (14) days of Verifone
presenting a written demand for same.
13.4 Notifications to terminate and cancel
Notifications to terminate or cancel the Agreement
shall be made in writing.
13.5. Discontinuing the providing of the Service
Verifone shall have the right to discontinue the
providing of the Service or an aspect of the Service
for justified reasons. In such a case, Verifone shall
have the right to terminate the Agreement in respect
of the discontinued Service or aspect thereof by
notifying Client of same within a reasonable time in a
13.6 It is not possible to break the fixed-term
agreement.
Verifone is entitled to charge the remaining fixed
contractual term from the merchant if the merchant
terminates the fixed-term contract before the end of
the fixed contract period.
14 Special Terms concerning Payment Terminals
owned by Client
Sections 14.1 to 14.3 shall apply to Payment
Terminals sold by Verifone to Client and to the
Services provided for said devices.
14.1 Services linked to Payment Terminals
When Client purchases a Payment Terminal, he shall
also order a Software License and the Verifone
Routing Service.
The Software License covers the following:
– software updates for the Payment Terminal
– client service helpline for a fee
– st ora g e a n d a v ailability of Client’s pre i n s t a l lation
data at the Verifone download center
– Verifone shall invoice the Software License in
advance as of the month in which the Payment
Terminal is taken into use (see section 11.6).
14.2 Ownership
Ownership in a Payment Terminal or other device
shall transfer to Client when the purchase price has
been paid in full. If the Payment Terminal contains
software produced by Verifone, only the right of use
to that software shall be granted to Client. The right
of use shall remain in force as long as Client has a
valid Software License
14.3 Payment Terminal warranty
A Payment Terminal shall have a materials and
workmanship warranty for twelve (12) months as of
the date of delivery. Verifone shall repair or replace
a malfunctioning Payment Terminal or component
thereof within fifteen (15) days of said Payment
Terminal be i n g delivere d to Ve r i f one’s dev i c e
maintenance service. If Veri f o n e ’ s devic e
maintenance service discovers that the malfunction
of the Payment Terminal is due to circumstances
including (but not limited to) an accident, an outside
person, a fault or disruption caused by air
conditioning, electricity or lighting strike, water
damage or other similar cause, or is due to changes
in the circumstances of use or to the device being
used in an inappropriate way, then the costs of device
maintenance shall be charged from Client. Client
shall be liable for the costs of transporting the
Payment Terminal. Verifon e ’ s liability for errors and
malfunctions in the Payment Terminal shall be limited
to the ‘r e p a i r and re p l a c e ’ obligati o n specified he r e
in section 14.3.
15 Special Terms concerning Payment Terminals
included in the Service
Sections 15.1 to 15.3 shall apply to Payment
Terminals supplied by Verifone to Client as a service
subject to a monthly fee.
15.1 Malfunction of Payment Terminal
If the Payment Terminal malfunctions, Client shall
deliver the malfunctioning device to the Verifone
device maintenance service. Client shall be liable for
the transport costs for the device. Verifone shall
repair the device or provide Client with an equivalent
replacement device within three (3) working days
(Mon to F r i ) . If Veri f o n e ’ s devic e m aintenance s e rv i c e
discovers that the malfunction of the Payment
Terminal is due to circumstances including (but not
limited to) an accident, an outside person, a fault or
disruption caused by air conditioning, electricity or
lighting strike, water damage or other similar cause,
or is due to changes in the circumstances of use or
to the device being used in an inappropriate way,
then the costs of device maintenance shall be
charged f r o m Client . Verifone’s liability for er r o r s and
malfunctions in the Payment Terminal shall be limited
to the ‘r e p a i r and re p l a c e ’ obligati o n specif ied here
in section 15.1.
15.2 Maintenance costs
After 36 months, Client shall be liable for the
maintenance costs of Payment Terminals included in
the Service.
15.3 Replacing Payment Terminals
If, at the time of expiry of a fixed-term Agreement, the
Payment Terminal model selected for the Service
Loading...