The following definitions are used in these General Terms and Conditions:
1.1. Affiliated Deduction: the act of YabandPay’s deduction of a certain amount from the YabandPay Wallet balance of an Affiliated User;
1.2. Affiliated User: a user of the Services that (i) belongs to the same group (as defined in article 2:24b of the Dutch Civil Code) as the Client; or (ii) shares one or more ultimate beneficiary owners with the Client;
1.3. Agreement: any agreement entered into by YabandPay with a Client via whatever means and in whatever form;
1.4. Available Balance: the amount of the YabandPay Wallet balance minus the amount of the Deposit;
1.5. Balance Deduction: the act of YabandPay’s deduction of a certain amount from (i) the YabandPay Wallet balance of the Client or (ii) the YabandPay Wallet balance of the Client’s Affiliated User(s);
1.6. Buyer: a Person that transfers funds to the Client due to (i) purchase of the Client’s products and/or services, or (ii) other reasons;
1.7. Chargeback: (request for) cancellation of transfer of funds by the Buyer or a Payment Method Provider and restitution of the transferred funds to the Buyer or the Payment Method Provider, which may be executed without the Client’s approval or consent;
1.8. Clause: a clause of these General Terms and Conditions;
1.9. Client: a Person that registers an account with YabandPay via YabandPay’s website or otherwise has a contractual relationship with YabandPay for the purpose of using any Service;
1.10. Client Bank Account: a bank account of or designated/controlled by the Client for the purpose of receiving or transferring funds;
1.11. Confidential Information: any data, documents and/or information regarding the (business and/or other aspects of) YabandPay obtained by the Client in the course the any Agreement, the confidential nature of which (i) has been explicitly or implicitly indicated to the Client or (ii) should be reasonably known to the Client, including but not limited to: special/favorable rates of Fees communicated by YabandPay to the Client via whatever means, source codes and any other information regarding the technology used by YabandPay for the provision of Services, financial figures, business information etc;
1.12. Deposit: a certain part of a Client’s YabandPay Wallet balance that has been blocked (meaning that the Client does not have disposal of the balance of this blocked part), for the purpose of covering possible liabilities and/or outstanding financial obligations of the Client towards YabandPay;
1.13. Fee: fees owed by the Client to YabandPay in exchange for the Services, including but not limited to transaction commissions, monthly subscription fees and one-off connection fees etc.;
1.14. Foundation: Stichting Derdengelden YabandPay (YabandPay Third Party Funds Foundation), a foundation incorporated under the laws of the Netherlands and registered with the Dutch trade register under number 87807688, affiliated to YabandPay as a third-party entity safeguarding the funds received on behalf of the Client and as such also supervised by the De Nederlandsche Bank (DNB);
1.15. Foundation Bank Account: the bank account of the Foundation;
1.16. General Terms and Conditions: these general terms and conditions of Yabandpay B.V.;
1.17. KYC: abbreviation for “Know Your Customer”, referring to the legal obligation of and the activities taken by a financial institution to investigate and verify client’s identity and business activities etc., including identifying the ultimate beneficial owner(s) of the client and monitoring the sources of funds etc.;
1.18. Objection Period: has the meaning ascribed thereto in Clause 5.10;
1.19. Parameter: a parameter set by YabandPay for the purpose of identifying possible fraud and/or abnormal or suspicious use of the Services (for example, the maximum amount per Transaction, the maximum total number or volume of Transactions within a certain period of time), the details of which shall be kept confidential and will not be disclosed to the Client;
1.20. Party: a party to an Agreement;
1.21. Pay Out: has the meaning ascribed thereto in Clause 5.2;
1.22. Payment Method: a method of enabling transfer of funds from the Buyer to the Client, such as iDEAL, Bancontact, Klarna, UnionPay, WeChat Pay, Alipay, Visa, Mastercard etc.;
1.23. Payment Method Provider: a Person that provides one or more Payment Method services, which may be a financial institution, or every possible intermediary between YabandPay and financial institutions, including the owners of payment products and brands (such as Currence, Visa, MasterCard, and American Express), their acquirers, as well as the networks they use for the transmission and processing of transactions, judicial or government authorities;
1.24. Person: a natural person, legal entity (rechtspersoon), government institution and/or any other organization with or without legal personality;
1.25. Premium Package: a package of Services for which the Client shall pay a monthly fee;
1.26. Refund: reverse of an earlier executed Transaction that leads to restitution of funds by the Client to the Buyer, not including Chargebacks;
1.27. Settlement: has the meaning ascribed thereto in Clause 5.2;
1.28. Service: any service provided by YabandPay;
1.29. Store: a store at which the Client wishes to make Payment Methods available through YabandPay to its Buyers, including but not limited to websites (at online shops), applications, physical shops etc.;
1.30. Transaction: a payment instruction initiated by the Buyer or the Client;
1.31. YabandPay: Yabandpay B.V., a company incorporated under the laws of the Netherlands and registered with the Dutch trade register under number 85678988, being a Payment Institution licensed (Firm Reference R188633) and regulated by the De Nederlandsche Bank (DNB);
1.32. YabandPay Account: the account registered by the Client with YabandPay;
1.33. YabandPay Wallet: a virtual/digital wallet with a balance allocated by YabandPay to the Client in accordance with the relevant provisions of the these General Terms and Conditions and the applicable terms of any Agreement, which balance is the Client’s Available Balance plus the Deposit; and
1.34. YabandPay Portal: the closed environment of YabandPay’s Website where the Client can – after logging in – manage his/her/its YabandPay Account, YabandPay Wallet, select package of Services and manage other relevant aspects related to the Services.
2.1 These General Terms and Conditions shall apply to (i) all of YabandPay’s offers and acceptance; (ii) all Services; and (iii) all Agreements.
2.2 In the event of any conflict between the provisions of these General Terms and Conditions on the one hand and (i) an Agreement, (ii) an offer or acceptance made by YabandPay, or (iii) conditions (such as rates etc.) applicable to certain packages or Services as indicated in the YabandPay Portal or via other means communicated by YabandPay to the Client on the other hand, the latter (i.e.: what is listed under (i), (ii) and (iii) of this Clause) shall prevail.
2.3 YabandPay may amend these General Terms and Conditions unilaterally from time to time. Any amendment shall become effective seven calendar days after YabandPay notifies the Client of such amendment in writing.
3.1 An agreement is concluded between YabandPay and the Client as soon as the Client successfully registers an account via the website of YabandPay, unless YabandPay expressly agrees to conclude an Agreement via other means. After the aforementioned registration of the Client’s account and without prejudice to any other ways via which the contents of any Agreement can be changed, the contents of the Agreement may be changed during the existence of the Agreement from time to time as the Client selects or changes the desired package or Services via the YabandPay Portal. The applicable conditions (such as the applicable rates) as indicated in the YabandPay Portal or otherwise communicated by YabandPay to the Client shall apply to such changes as soon as the Client selects a certain package or Service or otherwise indicates the intention to effectuate such changes.
3.2 Except the situation as described in Clause 3.3, an Agreement is entered into for an indefinite period of time and each Party may terminate the Agreement in writing without cause provided that a notice period of thirty calendar days shall be observed.
3.3 If a Client subscribes to a Premium Package, the Agreement will be immediately converted into an Agreement for a fixed term of one year. For example, if a Client subscribes to a Premium Package on 15 October 2023, the last day of the one-year term of the Agreement will be 14 October 2024. Upon expiration of each one-year term of the Agreement, the Agreement will be automatically extended for another period of one year, unless (i) either Party terminates the Agreement in writing; and (ii) the termination notice reaches the other Party at least ninety calendar days before the end of the current term of the Agreement.
3.4 When terminating his/her/its subscription to a Premium Package in accordance with Clause 3.3, a Client may choose to continue using the Services after the end of the Premium Package subscription. In that case the Agreement will be automatically converted into an Agreement for an indefinite period of time, to which the termination rules of Clause 3.2 shall apply.
3.5 In one or more of the following situations, YabandPay may – at its sole discretion and without prejudice to any other statutory and/or contractual rights – take one or more of the following actions with immediate effect: (i) suspend any part of or the entire Services (including but not limited to suspending Transactions not yet executed, postponing Settlements etc.) for any duration that YabandPay deems appropriate, (ii) block the Client’s access to the YabandPay Portal for any duration that YabandPay deems appropriate, (iii) reverse Transactions that have already been executed; (iv) close the Client’s YabandPay Account, (v) freeze the balance/funds of or intended for the Client held in the Foundation Bank Account for any duration that YabandPay deems appropriate; and/or (v) terminate any Agreement, all without prior notice of default and/or being liable for any damage or any other negative consequences caused by any action taken by YabandPay in accordance with this Clause:
a. bankruptcy or suspension of payment of the Client has been requested or granted, or if YabandPay has reasonable grounds to believe that bankruptcy or suspension of payment of the Client is impending;
b. there is – according to YabandPay’s sole assessment – reasonable indication that the Client might not entirely fulfil its obligations under any Agreement;
c. according to YabandPay’s sole assessment based on reasonable indications, the Client has – by way of (among other things) his/her/its (ab)use of the Services – damaged or threatens to damage YabandPay’s reputation, image or business interests;
d. according to YabandPay’s sole assessment based on (among other things) certain Parameters, there is reasonable indication of abnormal or suspicious use made by or via the Client of the Services;
e. the Client substantially changes his/her/its activities without informing YabandPay in writing beforehand or without YabandPay’s approval of such changes;
f. there is – according to YabandPay’s sole assessment – reasonable indication that (i) the Client uses the Services not for him/her/itself but for another Person and/or (ii) there is any other inappropriate, suspicious or unlawful use of the Services made by or via the Client;
g. YabandPay has to do so in order to comply with one or more applicable laws and/or regulations;
h. one or more Payment Method Providers request YabandPay to do so; and/or
i. the Client fails to fulfill any of the obligations (in whole or in part) as mentioned in Clauses 4.1, 4,2, 4.5, 4.7, 4.9, 4.10, 4.11, 4.12, 6.1 and 7.2.
3.6 If any Agreement is terminated by YabandPay in accordance with Clause 3.5, all Fees and any other payment obligations of the Client towards YabandPay will become due and payable (opeisbaar) immediately upon termination. As from the moment of termination, the Client shall no longer have access to the YabandPay Portal. If Refunds and/or other matters need to be arranged after the aforementioned termination, YabandPay may charge fees for such matters at rates to be set by YabandPay.
4.1 The Client acknowledges that YabandPay is a financial institution subject to government supervision and as such must comply with various laws and regulations (in particular anti-money laundry and anti-fraud laws and regulations). Some of the key legal obligations of YabandPay in this regard include (i) performing a KYC that meets all legal requirements; and (ii) constantly monitoring the Client’s use of the Services to identify possible fraud and/or any other unlawful activities. Given the foregoing, the Client shall fully cooperate with YabandPay and provide full, unconditional and prompt assistance at YabandPay’s first request in order to ensure full compliance with the applicable laws and regulations (in particular, anti-money laundry and anti-fraud laws and regulations). The Client hereby guarantees all of the following:
a. At the first request of YabandPay, the Client will (i) provide/update any and all documents and information and (ii) provide any other assistance in connection with the KYC, including but not limited to documents and information for the purpose of identifying the ultimate beneficial owner(s) (as defined by the relevant laws and regulations) of the Client.
b. The Client will inform YabandPay of the following changes in writing and provide all the relevant documents immediately and in any event no later than three calendar days after the relevant change(s) has/have taken place: (i) change(s) to any document and/or information that has been provided to YabandPay in connection with the KYC or other matters; (ii) change(s) that affect(s) the Client’s business scope and/or risk profile; and (iii) change(s) that affect(s) the Client’s financial stability and/or solvability (including but not limited to an expected request for bankruptcy and/or suspension of payment).
c. At the first request of YabandPay, the Client will provide/update any and all documents and information regarding the Client’s business activities, sources of funds being processed under the Services, contracts based on which Transactions are executed or other similar evidence for – among other things – the verification of the lawfulness of the Transactions etc.
d. At the first request of YabandPay, the Client will provide full, unconditional and prompt assistance to enable YabandPay to verify the Client’s compliance with (i) all applicable laws and regulations and (ii) the provisions of these General Terms and Conditions and any Agreement.
e. At the first request of YabandPay, the Client will provide any other assistance not specifically mentioned in this Clause or any Agreement that YabandPay deems necessary for it to comply with all the applicable laws and regulations and/or to provide the Services.
f. All the documents and information provided by the Client to YabandPay is true, accurate and not misleading.
g. The Client will at all times follow all the rules set and/or instructions given by the relevant government authorities and/or YabandPay, which means – among other things – that the Client will not (i) use the Services for any illegal activity/purpose, (ii) use the Services to receive, pay or otherwise transfer funds on behalf or for the benefit of any Person other than the Client him/her/itself; and/or (iii) otherwise abuse the Services.
4.2 The Client acknowledges that YabandPay acts as an intermediary in payment processes and as such is dependent on – amongst others – the services rendered by the relevant Payment Method Providers. This meant that – among other things – in order for YabandPay to provide Services to the Client, the Client must meet all the requirements and follow all the rules set by the relevant Payment Method Providers, including but not limited to obtaining the Payment Method Providers’ approval for the Client to receive funds transmitted via the relevant Payment Method (the Client acknowledges explicitly to be aware that such approval may be withdrawn by the Payment Method Providers at any time, in which case YabandPay will – without being liable for any damage or other negative consequence – no longer be able to render Services that are dependent on the relevant Payment Methods). Given the foregoing, the Client hereby guarantees all of the following:
a. At YabandPay’s first request, the Client will (i) provide/update any and all documents and information and (ii) provide any other assistance in order to make sure that the Client meets all the requirements set by the relevant Payment Method Providers (e.g.: in order to register the relevant information of the Client with the relevant Payment Method Providers and to obtain the Payment Method Providers’ acceptance of the Client).
b. The Client will at all times comply with all the rules set by the relevant Payment Method Providers that are applicable to the Client, which means – among other things – that the Client will not use the Services to conduct any activity that is not allowed under the rules of the relevant Payment Method Provider(s).
c. At YabandPay’s first request, the Client will provide any and all assistance to enable YabandPay and/or the Payment Method Provider(s) to verify the Client’s compliance with the rules set by the Payment Method Provider(s).
d. The Client will not conduct any activity or use the Services in any manner that may damage the reputation, brand and/or other business interests of YabandPay and/or any Payment Method Provider.
4.3 The Client acknowledges to be aware that (i) funds intended to be ultimately received by the Client will be first received and temporarily kept in the Foundation Bank Account, which is held at a financial institution with a license under the applicable laws and regulations; and (ii) the Client can take out insurance against any payment risk of the Foundation.
4.4 The Client authorizes YabandPay and the Foundation to (i) receive – on behalf of the Client – funds transmitted via the relevant Payment Methods that are intended to be ultimately received by the Client; (ii) to provide all necessary documents and/or information regarding the Client, his/her/its business and other details/aspects to the Payment Method Providers in connection with what is mentioned under (i) of this Clause; and (iii) to perform any and all actions on behalf of the Client that YabandPay and/or the Foundation deems necessary in order to successfully achieve what is mentioned under (i) of this Clause.
4.5 When accepting credit card Transactions on his/her/its own domain, the Client must be PCIDSS compliant and provide proof of this to YabandPay. Furthermore, the Client guarantees that it will meet any other technical and/or legal requirements that are necessary for YabandPay to provide Services to the Client.
4.6 The Client acknowledges that (i) it is possible that he/she/it will – after obtaining YabandPay’s approval to render Services to the Client – open new Stores and/or engage in new business activities; (ii) YabandPay’s prior approval for renderings Services to the Client does not mean automatic approval for the Client’s new Stores and/or business activities; (iii) the Client is responsible for reporting new Stores and/or business activities to YabandPay; and (iv) YabandPay is at all times entitled to reject a new Store and/or new business activity.
4.7 The following rules apply in case of Chargeback:
a. At YabandPay’s first request, the Client must provide (i) all relevant documents and information related to the Chargeback and/or the underlying business transaction related to the Chargeback, and (ii) full and unconditional cooperation and assistance as may be requested by YabandPay and/or the Payment Method Providers(s) in order to – among other things – investigate the Buyer’s entitlement to the Chargeback and/or the details of the underlying business transaction with which the Chargeback is concerned.
b. YabandPay is entitled to – without the Client’s approval or consent – comply with a Chargeback request and to execute a Chargeback without being liable to the Client for any damage or other negative consequences, if the Client does not fully comply with any of the obligations as mentioned in paragraph a of this Clause within seven calendar days after being requested to do so.
c. The Client bears all risks and all costs in connection with any Chargeback. If any amount received on the Foundation Bank Account is transferred back to the Buyer or the Payment Method Provider(s) by way of Chargeback while such amount has already been made available by YabandPay to the Client or has been transferred from the Foundation Bank Account to a Client Bank Account, YabandPay has an immediately due and payable (opeisbaar) claim against the Client equal to the Chargeback amount plus the related costs, irrespective whether the Agreement has ended. In such case the Client must immediately restitute the Chargeback amount and pay the related costs to YabandPay and YabandPay is entitled to exercise all statutory and contractual rights to regain the Chargeback amount and to obtain the related costs.
4.8 The Client bears all risks and all costs in connection with any Refund. In case any funds need to be transferred back to the Buyer or the Payment Method Provider(s), the Fees that have already been charged in connection with the processing of the original payment by the Buyer to the Client will not be restituted to the Client, unless YabandPay explicitly agrees otherwise.
4.9 Without prejudice to any other statutory and/or contractual rights of YabandPay, the Client shall fully compensate all damage, loss, costs and other negative consequences suffered/incurred by YabandPay due to the Client’s violation of and/or non-compliance with – among other things – (i) any applicable law and/or regulation, (ii) any rule set by any Payment Method Provider, (iii) any provision of these General Terms and Conditions and/or (iv) any provision of any Agreement.
4.10 If YabandPay is confronted with a claim and/or penalty initiated/imposed by any government authority, Payment Method Provider, Buyer or any other Person or is otherwise involved in a dispute with one or more of the aforementioned parties due to a reason (allegedly) attributable to the Client, the Client must – at YabandPay’s first request and at his/her/its own costs – provide any and all assistance to help YabandPay adequately and efficiently handle and/or defend itself against such claim and/or penalty.
4.11 The Client shall fulfill all payment obligations towards YabandPay (including but not limited to the payment of invoiced Fees) within the payment term (betalingstermijn) set by YabandPay. All payment terms set by YabandPay (including but not limited to the payment terms as indicated in YabandPay’s invoices) are final, meaning that the Client will be automatically in default (in verzuim) as soon as such payment terms have expired and without the need for YabandPay to send any notice of default (ingebrekestelling).
4.12 From the moment the Client is in default, YabandPay will be entitled to charge eighty euros delayed payment collection administration fee as well as statutory commercial interest (wettelijke handelsrente) over the outstanding amounts. The Client shall also reimburse YabandPay all costs (whether judicial, extra judicial or arbitration related costs) in relation to the collection of any outstanding amounts owed by the Client to YabandPay, with a minimum of 15% of the outstanding amounts. Judicial and arbitration related costs shall be reimbursed by the Client in full instead of being limited to the litigation or arbitration costs awarded by the court or the arbitration institute, if the Client loses the lawsuit or the arbitration proceedings in whole or in part.
4.13 The Client may notify YabandPay in writing of any objection to an invoice of YabandPay within the payment term indicated in the relevant invoice and must provide reasonable details in writing to support the objection(s). Upon expiration of the payment term as mentioned in the first sentence of this Clause, the right to raise objections to an invoice of YabandPay shall be extinguished (vervallen), in which case the accuracy and validity of the invoice can no longer be challenged in or out of court.
4.14 The Client is not allowed to exercise any right of set off (verrekening) and/or suspension (opschorting) vis-à-vis YabandPay. To the furthest extent allowed by law, the Client hereby waives the right to rescind (ontbinden) or nullify (vernietigen) these General Terms and Conditions and/or any Agreement in whole or in part and guarantees that he/she/it will not otherwise seek to render any provision of these General Terms and Conditions and/or any Agreement invalid and/or unenforceable.
5.1 YabandPay will only commence Services after (i) the KYC has been completed to YabandPay’s satisfaction; and (ii) the Client has been accepted/approved by the relevant Payment Method Providers.
5.2 Funds intended for the Client shall be deemed to have been made available to the Client as soon as the amount of such funds has been added to the Client’s YabandPay Wallet balance (the act of adding such amount to the Client’s YabandPay Wallet balance is also called “Settlement”) irrespective whether the corresponding funds have actually been transferred from the Foundation Bank Account to the Client Bank Account. The Client may determine when the funds corresponding to his/her/its Available Balance will be actually transferred from the Foundation Bank Account to a Client Bank Account (the act of transferring such funds from the Foundation Bank Account to a Client Bank Account is also called “Pay Out”). Fees will be applicable if the amount of Pay Out is under a threshold as set by YabandPay.
5.3 Acting solely as an intermediary in payment processes, YabandPay will – after deducting the applicable Fees and any other relevant amounts pursuant to any applicable legal requirements and/or contractual arrangements – make funds intended for the Client available to the Client only after such funds have been actually received on the Foundation Bank Account. If YabandPay has for whatever reason made any funds available to the Client or if any funds have been transferred from the Foundation Bank Account to a Client Bank Account without such funds having been actually received on the Foundation Bank Account, the Client must restitute such funds to YabandPay at YabandPay’s first request and must compensate YabandPay for any related costs. In such case, YabandPay will be entitled to – without prejudice to any other statutory and/or contractual rights – do one or more of the following at YabandPay’s sole discretion: (i) deduct part of or the entire amount of such funds plus the related costs from the Client’s YabandPay Wallet balance without the Client’s prior approval or consent; and/or (ii) deduct part of or the entire amount of such funds plus the related costs by way of Affiliated Deduction without the prior approval or consent of the Client or the relevant Affiliated User. Also in case the Client owes any money to YabandPay on whatever ground or if YabandPay has any claim against the Client on whatever ground, YabandPay is entitled to – without prejudice to any other statutory and/or contractual rights and at YabandPay’s sole discretion – obtain the relevant amount by way of Balance Deduction without the prior approval or consent of the Client or the Client’s Affiliated User(s). By accepting these General Terms and Conditions or entering into any Agreement, the Client provides YabandPay with full and unconditional authorization to – in case any Affiliated User of the Client owes any money to YabandPay or if YabandPay has any claim against any of the Client’s Affiliated Users – deduct the relevant amount from the Client’s YabandPay Wallet balance without the Client’s approval or consent.
5.4 YabandPay will not execute a payment instruction (for example, Pay Out or Refund) given by a Client without incurring any liability of whatever nature, if the Client’s Available Balance is lower than the amount of the payment instruction. YabandPay may refuse to execute a payment instruction if the payment instruction contains inaccurate, incomplete or unclear information. For the avoidance of any possible doubt, it is the Client that is solely responsible for the accuracy, correctness and completeness of any and all payment instructions. All the risks of and damage caused by inaccurate, incorrect or incomplete payment instructions shall be solely borne by the Client. Neither YabandPay nor the Foundation has any obligation to verify the accuracy, correctness and/or completeness of any payment instruction given by whichever Person.
5.5 If currencies need to be converted in connection with the provision of Services or any other aspects related to any Agreement, the Client authorizes YabandPay to make such conversion without the Client’s prior approval or consent based on an exchange rate determined by YabandPay in light of the situation of the foreign exchange market.
5.6 With respect to any Transaction, Chargeback, Refund, Settlement, Pay Out and/or any administrative aspects related to the Services and/or any Agreement, the data recorded by or on behalf of YabandPay constitute full and binding evidence between the Parties.
5.7 If YabandPay is unable to fulfil any of its obligation under the Agreement on time or properly due to a circumstance that cannot be attributed to YabandPay (such as, for example, failure or rejection of any Payment Method Providers or any other third parties to provide services that are necessary for YabandPay to provide its Services, power outage, measures taken by public authorities, military conflicts, employment disputes, strikes, illness of YabandPay’s employees, fire, pandemics, epidemics, natural disasters, embargoes, sanctions, malfunction of telecommunication networks, unauthorized penetration in and/or unauthorized use of any systems and/or networks on which the provision of Services is dependent etc.), such obligation will be suspended without YabandPay being liable to any damage or negative consequences.
5.8 Except in the case of intent or gross negligence (opzet of grove schuld) on its part, YabandPay shall not be liable to the Client for (and never be obliged to compensate) any direct or indirect/consequential damage, loss, costs and/or any other negative consequences arising out of or in connection with (the performance of) any Agreement or any collateral contract (whether on the basis of contract, tort or otherwise), including but not limited to loss of income, loss of profits, loss of data, loss of interest (rente), missed business opportunities, loss due to business interruption and/or any other indirect/consequential loss or damage of whatever nature. If YabandPay would be – for whatever reason – liable to the Client or any other Person for any damage, loss, costs and/or any other negative consequences under any Agreement or on the basis of tort or other grounds, the maximum aggregate liability of YabandPay for all claims of a Client or any other Person shall under all circumstances be limited to the lower of the following amounts: (i) the Fees (excluding VAT) actually received from the Client in the ninety calendar days after the commencement of the Services; or (ii) ten thousand euros. Without prejudice to the preceding sentence of this Clause, the maximum aggregate liability of YabandPay towards any Client or any other Person shall under all circumstances be limited to two thousand euros per each calendar year. The Client’s right to (i) hold YabandPay liable for any damage, loss or any other negative consequences, (ii) submit any claim to YabandPay and/or (iii) take any legal action against YabandPay will be extinguished (vervallen) per the earlier of the following dates: (i) sixty calendar days after the Client has become aware or should have reasonably become aware of the incident that may lead to any liability on the part of YabandPay; or (ii) ninety calendar days after the occurrence of the incident (upon which the Client’s intended claim or legal action is/would be based) that may lead to any liability on the part of YabandPay.
5.9 The Client explicitly agrees that YabandPay may at all times at its sole discretion and without the Client’s prior approval or consent: (i) set up a Deposit with an amount that YabandPay deems appropriate or adjust a Deposit that has already been set up with an amount that YabandPay deems appropriate, in order to cover the financial risks in connection with the Client’s (possible) non-performance of his/her/its obligations under any Agreement; (ii) wholly or partially outsource the performance of any Agreement to a third party at YabandPay’s choice; and (iii) wholly or partially transfer its rights and/or obligations under any Agreement to a third party at YabandPay’ choice.
5.10 YabandPay has the right to unilaterally adjust the (rates of the) Fees. If the adjustment concerns an increase in the (rates of the) Fees, YabandPay will – at least thirty calendar days before the increase takes effect – inform the Client of such adjustment via e-mail, the YabandPay Portal or otherwise. If the Client does not agree to the increase, he/she/it may – within thirty calendar days after the intended increase has been communicated to the Client in accordance with the preceding sentence of this Clause (the “Objection Period”) – terminate the Agreement in writing as per the date on which the increase will take effect. Without the Client’s written notification of termination being received by YabandPay within the Objection Period, the increase in the (rate of the) Fees will take effect as per the date as initially set by YabandPay.
6.1 Both during the existence and after the end of any Agreement, the Client shall – and shall make sure that any Person working for or on behalf of the Client on whatever ground shall – (i) keep all Confidential Information strictly confidential; (ii) take sufficient technical and organizational measures to protect such Confidential Information; and (iii) not disclose such Confidential Information to any other Person unless legally required to do so.
7.1 YabandPay processes personal data during the provision of Services and makes all reasonable efforts to comply with the relevant laws and regulations for the protection of personal data and/or privacy. In YabandPay’s privacy policy it is explained what personal data YabandPay processes, for what purposes such personal data are processed as well as other aspects related to privacy/personal data protection. Notwithstanding the foregoing, YabandPay cannot guarantee that unauthorized Persons will never be able to breach or circumvent the measures taken by YabandPay and/or use personal/payment data under YabandPay’s control for malicious purposes. The Client understands and accepts such risks and will not hold YabandPay liable in whatever manner if such risks materialize.
7.2 The Client undertakes that he/she/it complies with all applicable laws and regulations regarding the protection of personal data and privacy. The Client shall inform YabandPay in writing of any (suspected) breach of personal data at the Client’s organization and provide the relevant details as may be requested by YabandPay, the relevant Payment Method Providers and/or government authorities as soon as possible but in any event no later than two calendar days after discovery of such (suspected) breach. YabandPay, the relevant Payment Method Providers and government authorities may request addition information and/or data in response to the aforementioned (suspected) breach, in which case the Client shall provide full, prompt and unconditional assistance at YabandPay’s first request.
8.1 All intellectual property rights relating to the Services and the underlying technologies, the YabandPay Portal, YabandPay’s website and any drawing, design or document provided by YabandPay to the Client vest in YabandPay and its suppliers.
8.2 Unless otherwise explicitly agreed by YabandPay, the Client merely acquires a non-exclusive and non-transferable right of use with respect to the intellectual property rights mentioned in the preceding Clause for the duration of the relevant Agreement.
9.1 The following interpretation rules apply to these General Terms and Conditions and any Agreement:
a. references to “in writing” or “written” shall – unless otherwise specifically indicated – also include communication via emails, instant messaging (e.g. Whatsapp, WeChat etc.), text messaging (Dutch term: sms), announcement/statement via YabandPay’s website or the YabandPay Portal or communication via other similar digital means;
b. unless the context requires otherwise, the singular includes the plural and vice versa, and each gender includes the other gender;
c. references to “include” and “including” shall mean “include without limitation” or “including without limitation”; and
d. the headings are included for reference only and shall not affect the interpretation of these General Terms and Conditions and/or any Agreement.
9.2 If (any part of) any provision of these General Terms and Conditions or any Agreement is or becomes invalid or unenforceable, this shall not affect the validity of the remaining provisions. The Client agrees that in the aforementioned situation, YabandPay may draw up and apply a legally valid provision (to which the Client shall be bound) that – to the greatest extent possible – has a similar effect as the invalid or unenforceable provision.
9.3 YabandPay may set off (verrekenen) any payment obligation that it may have towards the Client with any payment obligation that the Client has towards YabandPay, irrespective of the currency in which the relevant payment obligations are denominated.
9.4 All provisions in these General Terms and Conditions and/or any Agreement for the benefit of YabandPay (including but not limited to Clauses 5.7 and 5.8) may also be invoked by the Foundation as if the Foundation were also a Party. This Clause is an irrevocable and gratuitously made third-party clause within the meaning of article 6:253 paragraph 4 of the Dutch Civil Code (onherroepelijk derdenbeding om niet).
9.5 All provisions of (i) these General Terms and Conditions and (ii) any Agreement that, in order to be effective, must remain in force after termination of the General Terms and Conditions and/or the relevant Agreement, will remain in force after termination of the General Terms and Conditions and/or any Agreement.
9.6 If the Client fails to fulfill any of the obligations (in whole or in part) as mentioned in Clauses 4.1, 4.2, 4.7, 4.10, 6.1 and 7.2, the Client will owe YabandPay an immediately payable penalty of three thousand euros for each violation, as well as an amount of three hundred euros for each day, including part days, that the violation continues, without the need for a further demand, a default notice or recourse to a court of law. None of the foregoing will prejudice the other legal remedies available to YabandPay such as demanding fulfilment of the aforesaid obligations and the right of YabandPay to claim full damage compensation in addition to penalty payments.
9.7 These General Terms and Conditions and any Agreement are governed exclusively by the laws of the Netherlands.
9.8 All disputes arising in connection with (i) these General Terms and Conditions, (ii) any Agreement and/or (iii) the provision of Services will in the first instance be exclusively submitted to the District Court of The Hague (Rechtbank Den Haag). However, if the Client’s domicile (woonplaats) or centre of activities is outside the Netherlands, YabandPay may opt to submit the dispute(s) as mentioned in the previous sentence to the Netherlands Arbitration Institute (NAI) or its successor in accordance with the arbitration rules of the NAI or the applicable arbitration rules of the NAI’s successor, it being understood that the arbitration rules in force when the request for arbitration is submitted shall apply. The arbitral tribunal shall be composed of one arbitrator. The place of arbitration shall be The Hague. The arbitration language shall be English. The arbitration award is final and binding upon YabandPay and the Client.
This privacy policy (this “Policy“) explains how Personal Information is collected, used, and disclosed by YabandPay B.V. (collectively, ” YabandPay,” ” we,” ” our” or ” us“). This Policy applies to users (“you“) of YabandPay‘s services, websites, applications, and machines (each, a ” Service,” and collectively, our ” Services“).
YabandPay does our best to protect your privacy of yours. All the behaviours of processing personal data within the frame of provided services comply with the local personal data protection regulations, especially the regulations from the Freedom of Information Act (revised edition) on 06-Jan-1978 and GDPR (EU Code 2016/679).
YabandPay must comply with legal obligations, for example under the Dutch Financial Supervision Act (Wft), the Dutch Money Laundering and Terrorist Financing (Prevention) Act (Wwft) and the Dutch Civil Code (BW).
By using our Services, to the extent permitted by applicable law, you are consenting to us gathering and processing information about you in accordance with this Policy, our Cookie Policy, and any other contract we may have with you including, without limitation, a Services Agreement. Although consent may not be required for all of the elements described in this Policy. For particular types of information or processing, we may provide you with choices or request your further consent related to what information we collect and how we may process it. If you do not agree to the terms set out in these policies, we do not give you permission to use the Services and you must cease to do so immediately.
Personal Information. By using our Services, we may collect the following categories of personal information (“personal information“) of the person(s). Please note that in principle, we process data about your business. Business information is not considered personal data.
If you use YabandPay’s service as Merchant, we will process the following personal data of the company director(s), beneficial owner(s), or authorized person(s) :
If you are YabandPay’s business partner, we will process the following personal data:
If you use the YabandPay website, we may process the following data (also depending on your acceptance of cookies):
We process your Personal Information to meet our legal including Anti-Money Laundering and Counter-Terrorism Financing Act, statutory and contractual obligations, and to provide you with our Services. We will never collect any unnecessary Personal Information from you and do not process your information in any way, other than as specified in this Policy.
Under certain circumstances, it may be necessary for you to provide us with your Personal Information, for example, to enable us to provide Services to you or to comply with our legal obligations. In other circumstances, it will be at your discretion whether you provide us with Personal Information or not. However, failure to supply any of the Personal Information we request may mean that we are unable to maintain or provide Services to you.
We make every effort to maintain the accuracy and completeness of your Personal Information which we store and to ensure all of your Personal Information is up to date. However, you can assist us with this by promptly contacting us if there are any changes to your Personal Information. We shall not be responsible for any losses you suffer arising from any inaccurate, inauthentic, deficient, or incomplete Personal Information that you provide to us.
We only process your Personal Information where:
– to carry out money laundering, financial and credit checks and for fraud and crime prevention and detection purposes;
– to comply with our legal and regulatory obligations; and
– to comply with court orders and exercise and/or defend our legal rights, as otherwise permitted or required by any applicable law or regulation; or
– for monitoring and assessing compliance with YabandPay’s policies and standards;
– for promotional and marketing materials and activities;
– to comply with court orders and exercise and/or defend our legal rights, as otherwise permitted or required by any applicable law or regulation;
– to identify the person(s) authorized to act on behalf of our clients;
– for administrative purposes in relation to the security and access of our systems, offices, platforms, and secure websites and applications; and
– to contact you about the Services we offer
Our Role as Data Controller and Data Processor. We generally act as the data controller of your Personal Information. YabandPay does not and will not share, disclose or trade your Personal Information collected from the above processes. Under certain payment schemes, payment companies may engage us to provide them with certain processing services related to information owned or controlled by the payment companies. We are not responsible for any payment companies’ use of information for which it is an owner or controller.
Retention. We will only retain your Personal Information for as long as necessary to fulfill the purpose for which it was collected or to comply with legal, regulatory or internal policy requirements. However, if you wish to have your Personal Information removed from our databases, you can make such a request by writing to the address detailed in the Contact Us section. Subject to any legal or regulatory requirements, we will then delete this information (to the extent technically practicable).
YabandPay does not record any sensitive personal data from Merchants, Partners, or Website users relating to health, ethnicity, criminal matters, religious or political beliefs. Furthermore, YabandPay has no intentions at all of collecting personal data about website users who are minors, even if they have permission from their parents or guardians. YabandPay therefore requests that you do not provide any of such information.
YabandPay takes commercially-reasonable technical, administrative, and physical security measures designed to protect your information from loss, misuse, unauthorized access, disclosure, alteration, and destruction.
When your merchant transaction is being transmitted to our Services or through our Services, it will be protected by cryptographic protocols. To be clear, YabandPay does not itself store any Personal Information of yours or your clients through transactions.
We assume no liability or responsibility for disclosure of any personal information due to errors in transmission, unauthorized third-party access, or other causes beyond our control.
You play an important role in keeping your information secure. You should not share your user name, password, or other security information for your YabandPay account with anyone. If we receive instructions using your user name and password, we will consider that you have authorized the instructions. If you have reason to believe that your interaction with us is no longer secure (e.g., if you feel that the security of any account you might have with us has been compromised), please contact us immediately as detailed in the Contact Us section, below COOKIES.
We collect information about your usage and activity on our website using certain technologies, such as cookies, and other technologies. See our Cookie Policy for more details.
In addition to the above methods of exercising choice, to the extent required by applicable law, we may provide you with additional choices regarding the processing of your information, which you may exercise by contacting us as detailed in the Contact Us section, below. We will try to comply with your request as soon as reasonably practicable as required by applicable law.
If you wish to update, modify/correct, delete or, access your Personal Information, receive a copy of the personal data collected from you, or if you would like us to stop processing any of your Personal Information, to the extent you are entitled to do so under applicable law, you can make such a request by writing to us detailed in the Contact Us section, below. We will respond to your request within the time prescribed by applicable law. If such changes are made pursuant to your request(s) this may affect our ability to continue to provide our Services to you and under such circumstances, we reserve the right to terminate our Services to you.
In any of the situations listed above, in order for us to comply with our security obligations and to prevent unauthorized disclosure of data, we may request that you provide us with a copy of a valid means of identification and verification of the identity of the individual whose Personal Information is the subject of such a request.
YabandPay does not and will not share, disclose or trade your Personal Information. We will only disclose your Personal Information in the ways set out in this Policy and in the following circumstances:
Except to the extent limited by applicable law, we reserve the right to update this Policy to reflect changes to our information practices by prominently posting notice of the update on our Services, and as required, obtaining your consent. Any updates will become effective immediately after posting the updates to this Policy and apply to all information collected about you, or where required, upon your consent. You agree that you will review this Policy periodically. If we make any changes to this Policy, we will change the “Last Updated” date above. You are free to decide whether or not to accept a modified version of this Policy, but accepting this Policy, as modified, is required for you to continue using our Services. If you do not agree to the terms of this Policy or any modified version of this Policy, your sole recourse is to terminate your use of our Services.
If we make any changes to this Policy that materially impact previously collected information about you, we will obtain your prior express consent.
If you have any questions about this Policy or information we have collected about you, please contact us by email at [email protected] or by postal mail at:
YabandPay B.V.
Laan van Vredenoord 33
2289 DA Rijswijk
The Netherlands
Cookies are small text files that are sent by a website to a web browser and contain information that is transferred to your computer’s hard drive. This enables the website to identify and track the web browser. Cookies can, among other functions, enable a website to recognize a device each time it visits, remember user preferences and recommend content. Cookies in themselves do not identify the individual user, but rather the computer used. However, some cookies will contain personal information such as a user name.
Our website uses cookies to distinguish you from other users of our website. This helps us to provide you with a more personalized user experience when you browse our website and also allows us to improve our website. By continuing to browse and use our website, you are agreeing to our use of cookies.
Different cookies do different things and some are essential to the operation of a website, whilst others are not. The different types of cookies are:
Strictly necessary cookies. These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website such as your account profile.
Analytical/performance cookies. These allow us to recognize and count the number of visitors to our website and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.
Functionality cookies. These are used to recognize you when you return to our website, enabling us to personalize our content for you, greet you by name, and remember your preferences.
Targeting cookies. These cookies record your visits to our website, the pages you have visited, and the links you have followed. We will use this information to make our website and the advertising displayed on it more relevant to your interests. We may also share this information (in anonymized form) with third parties for this purpose.
To the extent that any personal information is collected through our use of cookies, our Privacy Policy will apply to our processing of that personal information.
You can find more information about the individual cookies we use and the purposes for which we use them in the table below:
You can find more information about the individual cookies we use and the purposes for which we use them in the table below:
| Cookie | Purpose | Expiry of cookie |
| shS_CA | This cookie is set only when you visit a specific campaign landing page. It stores a reference to the campaign. | 30 days |
| shS_CH | This cookie is set when you respond to one of our campaigns. It tells us which channel you have come through, for example, whether you are responding to an email we have sent you or if you have completed a form on our website. | 30 days |
| shS_CO | This cookie stores the full URL of the page on our website that you were on when you submitted a form. | 30 days |
| shS_KE | This cookie stores the search term used by the visitor to reach the page on our website. | 30 days |
| shS_LP | This cookie lets us know which page of our website you landed on first. | 30 days |
| shS_ME | This cookie is set when you respond to one of our campaigns. It tells us the type of medium you have come through, for example, whether you are responding to an email, clicking an online ad, or visiting a link from a leaflet. | 30 days |
| shS_NE | This cookie works with Google AdWords. It stores a single character reference denoting the Google network that served the ad you clicked on. For example, it tells us whether you were on Google search engine or another site that shows Google ads. | 30 days |
| shS_PH | Some campaigns are tied to a specific campaign phone number. This cookie stores the campaign phone number. It is set when the shS_CA cookie is set and is used to override the displayed sales phone number. | 30 days |
| shS_RE | This cookie stores the full URL of the third-party webpage from which you accessed our website. | 30 days |
| Google Analytics | Our website employs cookies from Google Analytics. Google Analytics is a web analytics service provided by Google, Inc. Google Analytics cookies are used to collect information about how visitors use our website. The cookies collect information in an anonymous form, including the number of visitors to the website, where visitors have come to the website from, and the pages they visited. We use the information to compile reports and to help us improve our website. Google holds this information and provides us with access to it.
Find out more about Google Analytics at:https://developers.google.com/analytics/devguides/collection/analyticsjs/cookie-usage. Read the Google Analytics privacy policy at: https://www.google.co.uk/policies/privacy/. |
The lifespan of a Google Analytics cookie depends on what it is and what it does. Some expire at the end of your browser session, whilst others can last for up to 24 months, although you can delete them at any time by clearing your cache. |
Third parties, including, for example, advertising networks and providers of external services like web traffic analysis services, also use cookies. These cookies are likely to be analytical/performance cookies or targeting cookies. They are used, for example, to track how many users have seen a particular ad and to ensure that you see ads that are relevant to you. These cookies are placed by the relevant third-party and we have no control over these cookies other than allowing them to be served.
Most browsers automatically accept cookies, but you can usually change your browser settings to limit or prevent cookies. Unless you have adjusted your browser settings so that it will refuse cookies, our system will issue cookies as soon as you visit our website. If you set your browser to not accept cookies, it may result in certain sections of our website not working properly and certain personalized services not being provided to users of your computer.
You can find out how to opt-out of being tracked by Google Analytics by visiting https://tools.google.com/dlpage/gaoptout.
If you have any questions about this Policy or information we have collected about you, please contact us by email at [email protected] or by postal mail at:
YabandPay B.V.
Laan van Vredenoord 33
2289 DA Rijswijk
The Netherlands
我们的目标是提供优质的产品和服务。但是，我们知道有时事情可能会出错，您可能有理由抱怨。如果您有任何投诉，请尽快告知我们。
一旦您与我们联系，我们将尽最大努力解决您的投诉：
电话：+31 70 221 0808（周一至周五 09:00 至 17:00，公众假期除外）
电子邮件：[email protected]
信件：Compliance department manager/YabandPay, Laan van Vredenoord 33, 2289DA Rijswijk, the Netherlands
为了帮助我们了解您的投诉的内容，如果您能向我们提供以下信息，将会很有帮助：
我们的目标是在收到您的投诉后 30 个工作日内解决您的投诉。一旦达成解决方案，我们将以书面形式向您确认详细信息。
我们会尽快处理您的投诉。但是，有时可能需要更长的时间来回复您的投诉。如果发生这种情况，我们将在 5 个工作日内向您发送确认。此确认将包括处理您的投诉的人的姓名和联系方式。您的投诉经理之前不会参与手头的投诉。
万一我们无法在 15 天内回复您的投诉，我们会写信给您解释原因以及我们希望何时解决它。我们的目标是在您最初投诉后的 30 个工作日内向您发送最终答复。
如果我们无法达成谅解，您可以将您的案件提交给主管法院，或者，如果您是消费者，可以提交给荷兰金融服务投诉法庭 (Klachteninstituut Financiële Dienstverlening; Kifid)。请注意，Kifid 不接受投诉人未首先尝试与服务提供商解决投诉的情况。
A chargeback can be requested by consumers for various reasons. Most chargebacks can be filed up to 180 days after receipt, however, this period can also be longer.
When a consumer ‘chargebacks’ a credit card payment, the burden of proof is on the merchant. The transaction amount will be deducted from your balance and if you fail to convince the credit card company that the consumer’s chargeback is invalid, the chargeback will not be reversed. The consumer will be refunded the amount and the chargeback fee will be charged to you.
As a merchant, you have the option of proving that the consumer’s chargeback is invalid. We call this ‘dispute’. YabandPay will gladly assist in the dispute; however, it is very important that you provide us with the necessary information.
Important to know: A chargeback always costs money. Even if you are fully within your rights, you will be charged. In addition, too many chargebacks can have negative consequences for your business, and card schemes keep a close eye on these numbers. So, it is very important to avoid chargebacks as much as possible.
When a consumer is unable/does not recognize the transaction or disagrees with the products/services provided, they can file a complaint with their card issuing authority. This authority then submits a chargeback request on behalf of the consumer. Even if the chargeback has an invalid reason, the chargeback must be handled. Even in cases where a refund has already been issued, we still need to challenge the case to avoid a double debit. However, if you do receive a chargeback, do not then issue a refund – you may be debited twice.
When you receive a chargeback, you have 2 options: challenge the chargeback or accept it. When accepting the chargeback, the consumer receives the funds back on the credit card and there is no possibility to challenge the chargeback at a later stage. If you decide to accept a chargeback, let us know so that the dispute can be dealt with quickly.
If you decide to challenge the chargeback, treat the chargeback as a serious matter and take the time to compile and submit your supporting documents correctly. After the information is submitted and sent in the so-called ‘representation documentation’, it is no longer possible to pass on changes. The information you have submitted will be reviewed and assessed by external parties in a final outcome.
After all the chargeback cycles have been completed, but there is not enough evidence, for example, to prove the illegality of the chargeback, the dispute can be escalated to arbitration. Arbitration is the final stage of the dispute procedure. When the parties involved – the card issuer, the transaction processing party, the cardholder and the merchant – cannot resolve the dispute, a representative of the card schemes is asked to intervene. The costs in an arbitration are significantly higher than in a normal dispute. These include filing and administration fees and costs per uploaded document, which can amount to €575- per transaction. The losing party must pay all costs associated with the dispute. It is therefore very important to pay attention to all chargeback cases and provide complete and full supporting documents to avoid additional costs.
If a chargeback is reversed you will be notified, we will process the chargeback and return the amount to your account.
If you receive a chargeback, you will always receive an email. It is therefore important that your account always has updated contact details (e-mail, phone number, etc.) and the correct e-mail settings. After signing a chargeback, you have 10 days to challenge the chargeback. We kindly ask you to take action for each chargeback separately. If no action is taken within the required time, the chargebacks may be accepted, and you will miss the opportunity to ‘dispute’ the chargeback.
If you disagree with the chargeback, you can dispute it. Below is an overview of the types of chargebacks and our advice on when you could and could not dispute a chargeback. Next, you will see the steps to follow to challenge a chargeback.
| Dispute | Accept |
| You think the transaction is legitimate | You know the transaction is fraudulent |
| 3D Secure transactions | Non 3DS transactions where you don’t have enough proof to show the claim’s illegitimacy |
| Apple Pay transactions |
| Dispute | Accept |
| If the merchandise was shipped and delivered to the delivery address provided by the customer. | If the merchandise has been returned and you have not issued a replacement order or exchanged the product according to your policies. |
| If the digital item was sent to the email address provided by the customer at checkout. | Cases where you don’t have enough proof to show the claim’s illegitimacy. |
| You have evidence the digital item has been redeemed and used. | |
| A replacement order has been issued or if a refund was already provided. |
The process starts with an inquiry/retrieval request: The consumer can contact you, YabandPay or through one of the payment options (issuer, credit card company or intermediary) and ask for more details about the transaction. We therefore recommend always responding to messages from the consumer to avoid possible chargebacks and additional charges.
At this stage, no money will be collected from your balance. However, if you do not respond to the request in time or if sufficient evidence is not provided, a chargeback may be filed as a result. You can find the information requests under ” Merchant Portal”.
When the information request escalates into a chargeback it’s submitted and the dispute proceeds through the following stages:
(1) Once the chargeback is submitted, you will receive a chargeback notification. We therefore emphasize once again to always have up-to-date contact details such as e-mail address and telephone number in your account.
(2) The chargeback associated with the chargeback will appear under “Chargebacks”. You have 10 days to take action and can either accept or dispute the chargeback.
(3) If you believe the consumer should be refunded, we recommend accepting the chargeback on the spot. You do this by clicking on ‘Accept’.
(4) If you believe that the consumer is not entitled to a refund, you will have to provide evidence to prove the illegitimacy of the chargeback. Depending on the reason for the chargeback, different evidence will have to be collected.
(5) Prepare and send the conclusive evidence:
Each chargeback is assigned a dispute code that identifies the reason why the cardholder raised the chargeback. The dispute code helps you provide the appropriate evidence for a successful representation.
Here are the most common chargeback dispute codes (not all chargebacks are identical).
1) Duplicate Processing/Paid by Other Means
| VISA 12.6
MasterCard 4834 |
Duplicate Processing/Paid by Other Means
“One Transaction Processed Twice” |
| 12.6.1 – A cardholder reports that the same transaction was processed more than once. | |
| 12.6.2 – A cardholder reports that the same transaction was processed more than once using two different forms of payment or the same form of payment. | |
| WHAT TO PROVIDE:
Documentation to prove that two separate transactions were processed, such as two different receipts or any other record with the same cardholder account number. |
|
2) Cancelled Recurring Transaction
| VISA 13.2
MasterCard 4841 |
Cancelled Recurring Transaction |
| A cardholder withdrew permission to be charged but the merchant continues charging. | |
| WHAT TO PROVIDE:
For MasterCard, substantiated evidence that the disputed transaction was not a recurring one (for example showing that the transactions are installments of one single purchase), including evidence that: • The cardholder failed to meet the cancellation terms of the signed contract. • The services are still being provided. • The recurring transaction terms and conditions were clearly detailed to the cardholder and were separate and distinct from the general conditions of sale. |
|
3) Not as Described or Defective Merchandise
| VISA 13.3
MasterCard 4853 |
Not as Described or Defective Merchandise |
| A cardholder received goods/ services, but they were delivered damaged, defective or counterfeit, or they did not match what was described on the transaction receipt or other documentation presented at the time of purchase. | |
| WHAT TO PROVIDE:
Documentation to prove that the merchandise or service was accurately described, was not defective and not counterfeit. For MasterCard, include documents proving that the goods were repaired or replaced, if that is the case. If the cardholder claims a return of goods, provide a merchant statement stating that the merchant did not receive the goods. |
|
4) Services or Merchandise not Provided / Received
| VISA 13.1
MasterCard 4855 |
Services or Merchandise not Provided / Received |
| A cardholder was charged for a transaction, but the merchant was incapable or unwilling to provide services, or the cardholder/authorised representative did not receive merchandise at the agreed-upon time and location. | |
| WHAT TO PROVIDE:
A signed and imprinted sales slip, invoice, or terminal-generated point-of-sale (POS) receipt showing that the cardholder, or a person authorised by the cardholder, picked up the merchandise (i.e., a shipping company or courier receipt). In addition, a written merchant rebuttal to the claim of non-receipt of merchandise, such as a waiver form absolving the merchant of responsibility. Note that for Visa only, if services were to be provided and the cardholder cancelled before the expected delivery date, then the merchant has no responsibility. |
|
5) Credit not Processed
| VISA 13.6
MasterCard 4853 |
Credit not Processed |
| The cardholder claims that the merchant was required to refund part or all of the transaction amount. | |
| WHAT TO PROVIDE:
Terms and conditions and any correspondence between the merchant and the cardholder showing that no refund was payable. |
|
6) Transaction not Recognised (MasterCard only)
| MasterCard 4853 | Transaction not Recognised (MasterCard only) |
| A cardholder questions a transaction on their credit card statement (for example, they do not recognise the transaction as being related to the Merchant Name, Merchant Location, Transaction Amount, Transaction Date). | |
| WHAT TO PROVIDE:
Any document that could serve as a transaction receipt, or a detailed description of the goods or services purchased, and any other transaction data that was not required in the Clearing Record. |
|
7) Fraud
| VISA 10.4
MasterCard 4847 |
Fraud |
| A cardholder reports that they were a victim of fraud, such as a stolen card, or compromised details. | |
| WHAT TO PROVIDE:
Proof that the transaction was processed through secure eCommerce programmers, such as VbV – Verified by Visa (Visa Secure eCommerce) or MasterCard’s Secure Code. If the merchant participates in AVS (Address Verification Service), then for MasterCard proof there was a full AVS match for the disputed transaction. Additional compelling evidence includes proof that the goods/services were received or the cardholder participated in the transaction. • For Visa 1. The same IP address, e-mail address, or address and telephone number were used in a previous, undisputed transaction. 2. The transaction was completed by a member of the Cardholder’s family. • For MasterCard 1. A document signed by the cardholder. 2. The cardholder’s written confirmation of registration to receive electronic delivery of goods/services. 3. Copies of any written correspondence exchanged between the merchant and the cardholder. 4. If the merchant requires cardholders to register prior to completing a purchase, the merchant must provide documentation confirming that the cardholder or authorised user is registered to purchase goods with a password. |
|
After we receive your evidence, we will review the documents. If we have received the correct evidence, we will dispute the chargeback. If any information has been provided that is not relevant to the chargeback, we will remove it in advance, and in case we need additional details/evidence from you we will contact you by email. Chargebacks that require additional extensive review by YabandPay or are labor-intensive due to form errors may incur additional charges of €25- per dispute.
After the chargeback has been challenged, it can take up to 90 days before there is a final result. If the bank withdraws the chargeback, the case is closed immediately, and the amount is credited back to your balance. If the customer files a pre-arbitration (also called ‘second chargeback’) and provides additional evidence, we will contact you for further information. If no ruling is reached at the pre-arbitration stage because the card issuer rejects the pre-arbitration, the case will be escalated, and the card schemes will be asked to issue a final ruling.
If your compelling evidence is not sufficient to prove the illegitimacy of the chargeback, the case is closed in favor of the customer. The chargeback is then lost and you will not get your money back. If a chargeback is reversed (you won), the chargeback is processed by us (Chargeback Reversal). We will notify you and refund the amount to your book balance.
