Terms of Service
1. General
1.1 These terms of service (the "Terms of Service") apply to the relationship between Billhop AB, 556859-5416 ("Billhop", "we", "us" or "our") and the natural or legal person (the "User") who uses the service provided by Billhop, as defined in provision 2 below (the "Service"). The agreement between Billhop and the User regarding the Service (the "Agreement") consists of these Terms of Service along with the applicable fees for the Service, which can be found at www.billhop.com/gb (the "Website"). Our separate Privacy Policy also provides additional information related to the Service.
1.2 Billhop is a Swedish payment institute, providing services to enable businesses and consumers to pay bills with credit and other cards. Billhop's registration number in the Swedish companies register is 556859-5416 and it is licensed by and under the supervision of the Swedish Financial Supervisory Authority (www.fi.se), Box 7821, 10397 Stockholm, Sweden. Billhop is authorised to provide payment services on a cross-border basis under the Payment Services Directive (2007/64/EC) into the UK. Billhop's principal place of business is Valhallavägen 104, 114 41, Stockholm Sweden.
1.3 The Terms of Service that are currently applicable can be found at the Website. During the term of the Agreement, the User is entitled to, upon request, obtain information about the terms of the Agreement. The information shall be provided in hard copy by post or in any other way that the User and Billhop agree.
1.4 By using the Service, the User accepts the Agreement and undertakes to comply with the Agreement. Billhop reserves the right to determine whether the User gets access to the Service or not. Billhop is not bound by the Agreement before letting the User access the Service.
2. The Service
2.1 The Service enables the User to pay its bills by charge card, debit card or credit card ("Card"). The purpose of the Service is to facilitate the User's payment of bills and to offer the User a solution to liquidity problems when needed. The Service further facilitates the User's bill management by, for example, creating historical reports and enabling export of transaction data to different programs and systems.
2.2 The amount to be transferred by the User to Billhop includes both payment to the recipient of payment specified by the User (the "Payment Amount"), and the fee charged by Billhop for the Service (the Payment Amount and the fee collectively being called the "Transaction Amount"). If payment is made in a currency other than the currency in which the charge card, debit card or credit card that the User uses is denominated, provided that support for the transaction of such payment is available within the scope of the Service, additional fees that are beyond Billhop's control may be charged to the User.
2.3 Billhop provides such payment transactions in the manner, and subject to the restrictions, detailed on the Website. Billhop is entitled, at any time, to add to or remove from the lists on the Website of permitted transactions and types of payment receivers.
2.4 Billhop reserves the right to check if the recipients of payment are listed in any publicly available warning lists of false invoices, businesses with dishonest sales practices and deceptive offers or marketing activities. However, Billhop accepts no responsibility for the accuracy or maintenance of such lists at any given time. Billhop reserves the right to refuse transfers to recipients on these lists in accordance with the above.
3. Conditions of the Agreement and the Service
3.1 To be able to use the Service, the User is obliged to register for a User account ("User Account"). Upon registration, the User shall provide Billhop with correct and complete information. In the event of any change to this information, the User shall provide Billhop with the updated information promptly.
3.2 By accepting this Agreement in accordance with provision 1.4 above, the User confirms: (i) that the User is domiciled in the United Kingdom, (ii) that the payment transactions made through the Service conform with these Terms of Service, applicable law, and other regulations, and (iii) that the User, if it is a business customer (i.e. not a natural person), will comply with its own internal routines and procedures in relation to payment transactions made through the Service. A User who is a natural person confirms that he or she is at least eighteen (18) years old and otherwise has legal capacity to enter into agreements. A User which is a legal person confirms that this Agreement has been entered into on its behalf by the User's authorised signatory/ies.
3.3 The User is not allowed to use the Service otherwise than in the manner intended, or in a way that may cause harm or any inconvenience to Billhop or anyone else. Such unauthorised use includes, but is not limited to, (i) behaviour in conflict with law or regulations or third party rights, (ii) behaviour in conflict with the purpose of the Service as stated in provision 2.1 above, and (iii) any other unethical action taken by the User.
3.4 Billhop reserves the right to apply limitations on the Transaction Amount, and on the total amount of transactions during a month. When receiving requests for transactions exceeding such amounts, Billhop reserves the right to refuse such transactions.
4. Protection of Credentials
4.1 The User undertakes to comply with Billhop's procedures and security instructions available from time to time on the Website regarding passwords and other credentials for the User Account and the Service (the "Credentials").
4.2 The User is responsible for keeping the Credentials safe and for ensuring that they are not shared with any third parties. The User undertakes to retain the Credentials in such a manner that they are not accessible to any unauthorised third parties. The Credentials are personal, and may not be transferred to or used by anyone other than the User.
4.3 Billhop assumes that the User is the sender of a payment order under the User Account, and other instructions sent using the User's Credentials and password. Should the User suspect any unauthorised use of or access to the Credentials, the User must immediately notify Billhop about this and change the Credentials.
5. Execution of Payment Transactions
Information to enable a payment transaction
5.1 To enable Billhop's execution of a payment order, the User must log into the User Account and provide the receiver's relevant bank details, the amount to be transferred, and details of the Card to be used for the transaction. Only Cards approved by Billhop and that are specified on the Website may be used. Billhop reserves the right to modify the list of approved Cards at any time.
5.2 Billhop reserves the right to refuse to execute a payment order. Reasons for refusal include, but are not limited to, Billhop not having received the Transaction Amount or that the payment conflicts with Billhop's applicable guidelines and procedures from time to time, which are available on the Website. Furthermore, Billhop reserves the right to refuse a transaction if it would be in any way in conflict with the law or any applicable regulations or third party rights. If Billhop refuses a transaction, Billhop shall notify the User as soon as possible. Billhop is entitled to a reasonable fee for such notification. A refused payment order will be refunded to the User by using the same payment method that was used by the User for the transaction.
Receipt of payment order and execution
5.3 All payments through Billhop are executed three (3) bank days after Billhop's receipt of the payment order, unless Billhop indicates otherwise at the time of payment. In any event, a payment order is never to be considered received before Billhop's receipt of the full Transaction Amount. For this purpose a bank day is any day (other than a Saturday or Sunday or public holiday) on which banks are customarily open for business and able to process payment instructions in both Sweden and the jurisdiction of the recipient of the payment.
Acceptance of the payment transaction
5.4 The User accepts the payment transaction by approving it in accordance with Billhop's procedures via its User Account. The Transaction Amount will then be drawn from the User's Card in accordance with the approval.
Scheduling of a payment
5.5 By scheduling a payment, the User accepts that Billhop initiates the payment transaction and charges the amount from the User's chosen card on indicated date.
Withdrawal of a payment order
5.6 The payment order cannot be revoked after it has been received by Billhop.
Receipt of a payment order
5.7 When a payment transaction is completed, the User will be notified about this on the User Account. This information constitutes the User's receipt, indicating that the payment transaction has been completed.
Taxes
5.8 It is the User's responsibility to assess which taxes may apply to payments and whether or not any amounts paid the User may or should be increased or decreased with any taxes. Billhop is not responsible for assessing whether or not any taxes are payable on the User's payment orders or for the collection, charging or payments of possible taxes resulting from payments.
6. Terms of payment
6.1 The User shall pay to Billhop as part of the Transaction Amount such fees for a transaction as are detailed from time to time on the Website.
7. The Users' payments
7.1 Billhop will keep payments received from the User which are due to the recipient of such payments on a separate client fund account. Such accounts are established and maintained in Billhop's sole discretion.
8. Inactive User Accounts
8.1 In the event that there is no activity on a User Account for at least two (2) consecutive years, Billhop can request the User's decision on retaining or closing the Account. The request will be sent to the User's registered e-mail address. Billhop will automatically terminate the User's Account unless an answer is provided within thirty (30) days after such request.
9. Our Liability to You
9.1 If, due to Billhop's negligence or a deliberate act by Billhop in breach of these Terms of Service, a payment transaction is not carried out or is carried out defectively: a) Billhop undertakes to refund the Transaction Amount to the User; and b) Billhop shall be liable to pay damages to the User for loss or damages suffered over and above the Transaction Amount, subject to the limitations set out in provisions 9.2 to 9.11 below.
9.2 Billhop shall not be liable to refund the Transaction Amount or to pay any damages to the User if a payment transaction is not carried out or is carried out defectively as a result of incorrect or inaccurate information or instructions being supplied by the User to Billhop (e.g. incorrect recipient account details, recipient reference details, etc.). In these circumstances, Billhop undertakes to use reasonable efforts to procure that the Payment Amount is refunded by the recipient, and to refund the Payment Amount to the User only if the Payment Amount is still in Billhop's possession or if Billhop itself is refunded the Payment Amount by the recipient.
9.3 The User undertakes to take notice immediately of the information on completed payment transactions notified to the User in accordance with provision 5.7 above. The User agrees to promptly notify Billhop about any defect in a completed transaction once the User becomes aware of it. The User must provide Billhop with the information and documentation needed to investigate the complaint. If a complaint alleges an unauthorised payment transaction, a police report shall be enclosed upon Billhop's reasonable request. Notwithstanding the above, all complaints concerning unauthorised payment transactions must be made no later than thirteen (13) months after the Transaction Amount was received by Billhop from the User.
9.4 Billhop is only responsible for foreseeable losses or damages actually suffered by the User that are caused by Billhop's negligence or deliberate act in breach of the Terms of Service. Billhop shall not be liable for any loss or damage suffered by the User that is not foreseeable.
9.5 In addition, Billhop shall not be liable for the following:
- a) the quality, suitability or any loss or damage caused by products and/or services paid for using the Service;
- b) loss or corruption of data or information provided to Billhop; or
- c) loss or damage caused by abuse by the User of a User Account.
9.6 The User shall be responsible for any cancellations, claims, costs, penalties and other liabilities for which Billhop, another User or third parties are held liable as a result of the use of the Service by a User or a breach of the Agreement by the User. The User agrees to indemnify Billhop, another User or third parties for any such liability.
9.7 Billhop's liability for damages in connection with a claim shall always be limited to £2500. For the avoidance of doubt, this limitation shall not apply to the refund of the Transaction Amount or Payment Amount when that is required in accordance with these Terms of Service.
9.8 Billhop shall be relieved from liability for any damages caused by a circumstance beyond Billhop's control, and its consequences not in Billhop's reasonable control, such as war, warlike hostilities, economic sanctions, explosions, severe weather, general lack of energy, power failure, government action or governmental omission, new or amended legislation, industrial disputes and similar circumstances. Furthermore, Billhop shall not be liable for damage caused by Billhop's actions to the extent that such actions are required by applicable law or regulations.
9.9 The Service is, under normal circumstances, provided twenty-four (24) hours per day, seven (7) days a week. However, Billhop reserves the right, for technical, maintenance or security reasons, to take appropriate measures to maintain the Service and its equipment, which may temporarily terminate the Service. Such measures shall to the extent possible be taken during night-time in the UK to reduce the risk of disturbance. Any maintenance does not constitute grounds for reimbursement or damages. Planned larger scale maintenance shall be announced in advance on the Website.
9.10 The User is responsible for reimbursing Billhop for loss that is caused intentionally or by negligence of the User or anyone for whom the User is responsible, through the User's use of the Service in a manner:
- a) that conflicts with these Terms of Service;
- b) that conflicts with applicable law or regulation; or
- c) that otherwise breaches this Agreement.
9.11 Billhop does not approve or control any third party website or application and are not responsible or in any way liable for their content. If the User uses websites or applications of any third party, the terms and conditions for those apply. Billhop disclaims all liability in connection with third party websites or applications.
10. Unauthorised transactions
10.1 For the purpose of protecting the User's bank account, User Account and Card information from loss and unauthorised access, Billhop, and Billhop's engaged partners, undertake to apply and comply with globally recognised standards for data security. These include, for example, management requirements, policies, procedures, network architecture, software and other significant measures. However, Billhop cannot guarantee that any unauthorised third parties will not circumvent such security measures or use the User's Card information for any unauthorised purposes. By accepting the Agreement, the User confirms that the bank account, User Account and Card information is provided at the User's own risk. 10.2 If the User finds that an error has occurred or that unauthorised transactions have been made in connection with its User Account, the User shall promptly contact Billhop. 10.3 If Billhop finds that an unauthorised person has, or has had, access to User Account information on Billhop's servers, Billhop shall inform the affected Users about the event and, to the extent possible, about the affected User Account information.
11. Term and termination
11.1 This Agreement is valid until further notice. The User may at any time choose to terminate the Agreement and its User Account through the Website with immediate effect. Billhop may terminate the Agreement with two (2) months notice.
11.2 If the User is a natural person and not a professional party and has entered into this Agreement remotely, the User is entitled to terminate the Agreement under the Swedish Distance Sales and Door-to-Door Sales Act (2005: 59) , by notifying Billhop within fourteen (14) days (or, if longer, seven (7) business days) from the day the User accepted the Agreement ("Grace Period"). However, the User's right of withdrawal expires if the User, after the start of the Grace Period, starts to use the Service. The User has the burden of proving that it has exercised its right of withdrawal within the Grace Period. The User is deemed to have exercised his right of withdrawal at the date of the message to Billhop to that effect. Billhop bears the risk that messages dispatched within the Grace Period do not reach Billhop until after the end of the Grace Period.
11.3 Furthermore, Billhop is entitled to terminate the Agreement, or to limit or cut off the User's use of the Service, immediately if: (a) the User commits a breach of the Agreement or uses the Service in such a way that considerable inconvenience or damage arises for Billhop or any others, or the User clearly abuses the Service in any other way; (b) the User suspends payments, commences negotiations with creditors with a view to debt restructuring, enters into bankruptcy or liquidation, turns out not (in Billhop's reasonable opinion) to be credit worthy as shown by a credit report or does not provide Billhop at any time any security required by Billhop for the fulfillment of the User's obligations under the Agreement; (c) there is reason to assume that the User will be unable to meet its obligations under the Agreement; (d) Billhop receives information as to the User's approach to information security that give it reason to suspect that the User's account will be abused; or (e) Billhop has reasonable suspicion of unauthorised use of the Service.
12. Processing of personal data
12.1 For full details of how Billhop uses and processes your User Data, please refer to our Privacy Policy, which can be found here.
12.2 The User shall immediately inform Billhop of changes of address (e-mail, residential and billing addresses) and any other changes that Billhop needs to be informed of to be able to fulfil its obligations under the Agreement.
13. Notifications
13.1 Written messages from Billhop to the User shall be sent to the most recent address notified in writing (including by e-mail) by the User to Billhop. Such messages shall be deemed to have reached the User at the latest the day after the message was sent. Written messages from the User to Billhop shall be sent by e-mail to hello@billhop.se. Such messages shall be deemed to have reached Billhop at the latest the day after the message was sent.
14. Transfer of rights
14.1 The User may not without Billhop's written consent transfer its User Account or its rights and obligations under this Agreement. Billhop is entitled to wholly or partly transfer its rights and obligations under this Agreement, without the consent of the User. However, Billhop shall give prior notice to the User of any such transfer, at which point the User may, if they wish, terminate the Agreement in accordance with provision 11.1.
15. Changes and amendments
15.1 Billhop is entitled at any time to make changes or amendments to this Agreement. The User shall be notified of such changes or amendments at least two (2) months before such changes are due to take effect. Should the User not accept the changes or amendments, the User is entitled to terminate the Agreement with no extra cost at any time before such changes or amendments become effective. Billhop shall inform the User of such right of termination upon notification of the changes or amendments.
15.2 A User who has not terminated the Agreement in accordance with provision 15.1 above shall be considered to have accepted the change or amendment.
15.3 Billhop is at any time entitled to make changes without prior notice to Users (including changes regarding fees) where required to do so by law, regulations or decisions imposed by public authorities.
15.4 If at any time any provision of the Agreement is or becomes illegal, invalid or unenforceable in any respect under the law of Sweden or the jurisdiction of the User, this shall not affect or impair the legality, validity or enforceability in that jurisdiction of any other provision of the Agreement.
15.5 The Agreement contains the entire agreement between Billhop and the User relating to the Service.
16. Disputes
16.1 Disputes regarding the application or interpretation of this Agreement or related issues shall primarily be resolved through negotiation and agreements between the parties.
16.2 The Agreement and any disputes related to it are governed by the laws of Sweden/United Kingdom. In the event that a User is a business customer (i.e. not a natural person), the courts of Sweden have exclusive jurisdiction in relation to the Agreement. If the User is a (UK) natural person, the Courts of England and Wales have exclusive jurisdiction.
17. Language for Communications
17.1 All communications in connection with the Agreement and the provision of the Services shall be in English.
18. Complaints
18.1 Complaints can be submitted in writing to Billhop through the Website, via post with the subject heading "Complaint" to Billhop's principal place of business, or by e-mail to Complaints@billhop.co.uk. Billhop will handle complaints in accordance with the guidelines from the Swedish Financial Services Authority for handling complaints regarding financial services to consumers.