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Vipps MobilePay - Donations Addendum

1) SCOPE

The scope of thisDonations Addendum (the Agreement) is to regulate the rights and obligations of the Parties related to the Merchants offering Recurring Donations via the Vipps MobilePay application(s) (“App”) to Vipps MobilePay end-users.

This Agreement is non-exclusive for both Parties. 

This Agreement does not alter the Merchant’s rights and obligations under the at all times applicable Vipps MobilePay Merchant Terms and Conditions for each country where the Merchant is registered, with the exemption of the Section Recurrent Payments, which regulates a different setup compared to Recurring Donations, see more below. As this Agreement is in addition to the Vipps MobilePay Merchant terms and conditions, the Merchant must sign this Agreement.

2) RECURRING DONATIONs 

Vipps MobilePay offers a variant of recurring payments especially for Merchants that collect money for non-profit purposes, called Donations with the functionality of Recurring Donations.

Recurring Donations allows for a simple setup for the donor, where the donor is given the choice of signing up for a recurring donation via the App. The donor will be provided with information about the Merchant, see below Rights and Obligations, and based on this, accepts to donate on recurring basis via the App.

This means that Vipps MobilePay end-users will enter into an agreement for recurring donations with the Merchant, via the Vipps MobilePay App(s) (App).

Based on this Agreement, Vipps MobilePay will, on behalf of the Merchant, initiate the payment as agreed with the end-user and instructed by the Merchant.

3) RIGHTS AND OBLIGATIONS 

The Merchant

  1. provides all relevant information about the donation, in accordance with local regulation and good practices on a designated web-page. Vipps MobilePay ensures the link to this webpage is included in the flow for the end-user in the App, when the end-user is presented with the option to make a recurring donation,
  2. The designated web-page is to be provided to Vipps MobilePay upon signing ip 
  3. instructs Vipps MobilePay to initiate payments on behalf of the Merchant based on the end-user accepting an agreement via the App, 
  4. allows Vipps MobilePay to receive notice of termination or the end-users decision to withdraw from the agreement, and that Vipps MobilePay manages the agreements accordingly,

Vipps MobilePay 

Vipps MobilePay must provide the relevant information for the recurring payment to the end-user:

  1. Amount for donation,
  2. Timing of first and following recurring donation, 
  3. Information about the Merchant to which the donation is made, 
  4. Information about termination of the agreement to donate on recurring basis

4) LIABILITY AND INDEMNIFICATION

Either Party is required to comply with the at-all time applicable legislation, including but not limited to legislative requirements in terms of marketing, consumer agreements, payments and personal data.

 

Either Party must indemnify and hold harmless the other Party from any claims, liabilities, damages and other costs related to the other Party’s breach of the Agreement.

 

Either Party must notify the other Party as soon as possible if the Party receives complaints or other inquiries from public authorities, consumers or third parties relevant to the Agreement.

Vipps MobilePay is not liable for the value of the donations from the end-users to the Merchant in the event of e.g. erroneous transactions, terminated agreements or an end-user utilising a right of withdrawal.

In the event of an end-user disputing one or more transactions, and the value of the donation must be returned to the end-user based on Vipps MobilePay discretion, the Merchant will reimburse Vipps MobilePay for such amount.

5) DURATION

This Agreement is effective from the date of Vipps MobilePay confirming the product order and will remain in force until terminated by either Party.

Either party may terminate this Agreement with one months’ written notice. Upon such termination, Vipps MobilePay will remove the Recurring Donation option for the Merchant’suse of Vipps MobilePay services.

Upon termination, all recurring payments for donations made by Vipps MobilePay end-users will be cancelled.

Upon termination by either Party of the services subject to the Vipps MobilePayMerchant Terms, all related agreements or appendices, including this Agreement, will terminate as of the same date.

6) ASSIGNMENT

The Merchant may not assign or transfer any of the rights and obligations that are determined in the Agreement, without the prior approval of Vipps MobilePay.

7) AMENDMENTS

Amendments to the Agreement must be mutually agreed in writing.

This Donations Addendum applies as the Merchant has signed up to use Donations by placing a Product Order with Vipps MobilePay.