General Terms and Conditions
Ex-Ante Information for General Terms and Conditions
Under Chapter 4, Section 10 of the Swedish Act on Payment Services, the payment service provider shall provide payment service users with certain information within a reasonable period before a framework agreement enters into force. For clarification purposes, we have therefore decided to highlight just this information from Payson’s General Terms and Conditions in the 29 items listed below.
1. The payment service provider is Svea Bank AB [556158-7634] Evenemangsgatan 31, SE-169 81 Solna.
2. Svea Bank AB is a bank licensed under the Swedish Financial Supervisory Authority [Institution No. 41509] and provide payment services under the product name “Payson”.
3. The primary activity of the payment service is the intermediation of payments and related services for the purpose of simplifying commerce between two private or legal persons.
4. In order for a payment order to be executed correctly, the user is required to comply with the instructions provided at the moment of payment on Payson’s website.
5. Approval of the execution of a payment transaction is provided at the moment of payment by the user who clicks the corresponding button or link. A user who, as purchaser, wishes to revert a debit transaction from the seller shall present the seller with such a request. The seller will then execute a reimbursement/credit to the purchaser’s Payson Account, or to the means of payment used, once the seller and purchaser agree on such a transaction.
6. Payment orders shall be deemed to have been received once the user has approved the payment (item 5) and received confirmation of the payment order.
7. Payment orders via the payment service can be transacted via the website 24 hours a day, 365 days a year. However, Payson makes no guarantees or representations that the payment service will be free of errors or disruptions during the time specified above. Moreover, Payson shall, at all times and to a reasonable extent, be entitled to discontinue its payment services for performing e.g. servicing and upgrades.
8. Payment transactions are executed via the payment service in real time and the payment recipient as well as the user are notified directly upon executed payment. The processing of transfers (withdrawals) to another payment institution or bank takes, at most, one banking day for the payment service. However, depending on the recipient bank and country, the time to execute this kind of transfer may vary.
9. Any limitations to the use of the Payson Account may, if relevant, be agreed individually by contacting the payment service provider.
10. The fee for card based (credit and debit cards) transactions is listed in the current price schedule.
11. The fee for the Service is listed in the current price schedule.
12. The interest rate for deposited funds is not provided and the payment service provider does not perform currency exchange. For foreign card payments in SEK/EUR, the foreign exchange rate of the user’s card-issuing bank shall apply in accordance with the agreement between the user and his or her card-issuing financial institution.
13. Information about changed interest rates and/or foreign exchange rates do not apply (Clause 12).
14. Written communications from the payment service to the user are transmitted via e-mail and shall be considered to have been received no later than the next day. Communications may alternatively be displayed on the user’s Payson Account.
15. A digital version of the General Terms and Conditions that govern the use of the payment service is available on the website. To obtain a physical copy, the user may print out a copy of the Terms and Conditions.
16. The language used in the framework agreement shall be Swedish and any communication between the payment service provider and the user shall primarily take place in Swedish.
17. The user shall be entitled to consult the General Terms and Conditions governing usage of the payment service, which is available to the user on Payson’s website at all times.
18. The user shall comply with Payson’s applicable processes and security instructions for the formatting of passwords or other security parameters. The user undertakes to store his or her password and/or other security parameters securely, i.e. to prevent them from falling into the hands of third parties. Passwords are personal and may not be disclosed to or used by anyone else than the user. The user shall immediately notify Payson using the contact form or by phone if he or she has reason to suspect that an unauthorized party has gained access to or learned about the password and/or any corresponding information.
19. Should any message be sent from Payson to the User, regarding unauthorized use or a security breach, e-mail will be used. Messages sent to the User is considered received by the user at latest the following day.
20. Payson may freeze a Payson Account as a payment instrument, if Payson learns of or otherwise has reasonable cause to suspect that a user is using or will be using his or her Payson Account in breach of the present Terms and Conditions and/or applicable laws, regulations, or other statutory requirements.
21. If a user fails to comply with the security instructions above (Clause 18), the user shall be liable for any and all damages incurred by Payson and any debit transaction that arise as a results of an unauthorized party’s use of the user’s Payson Account. Any unauthorized debit transaction from a card or account must be notified to the financial institution directly, in order to have the card or account frozen and to file a claim related to the purchase in question. In the event of an unauthorized transaction or event in a Payson Account, the user must notify Payson’s customer service department of this directly.
22. If a user believes that a debit transaction has been posted erroneously, the user shall notify Payson without undue delay but no later than seven (7) days after the transaction has been recognized in the Payson Account. However, if a user, as purchaser, has comments related to a recognized debit transaction for reasons attributable to any seller-related issue, the user (purchaser) must first contact the seller. The user must also notify Payson if funds have not been posted even though a debit transaction has been executed.
23. Payson is liable to the user for the correct execution of an approved user-initiated payment order. If the payment order has been executed correctly, the payment beneficiary is liable to the user for the correct execution of the transaction/purchase. Payson must, without undue delay, repay the funds in a failed payment order to the user or restore the debited payment account’s status to the status it should have been if the failed transaction has not taken place. If a user has initiated a failed payment order, Payson shall, upon request and as soon as possible, attempt to track the payment transaction and notify the user about the outcome of the investigation. Payson is responsible to the payment beneficiary for making available the payment transaction funds excl. fees in the Payson Account. Payson is responsible to its users for fees and interest that users must pay as a result of a failed payment transaction caused by deficiencies in Payson’s system. In the event liability is determined to exist, such liability shall be limited to maximum SEK 1,500 annually under all circumstances.
24. Agreements for the purchase of goods, services, or other commodities are entered into by and between two users who act as purchaser and seller, respectively. Payson is not part of this relationship and assumes no liability with respect to the function, quality, or delivery, etc. for the goods, services or other commodities for which users pay through the payment service.
25. Payson may supplement or amend the present General Terms and Conditions from time to time. The user shall be notified about such supplements and amendments no later than two (2) months before they enter into effect. A user who does not accept the notified supplements and amendments may cancel the present General Terms and Conditions as set out in Clause 25. Payson shall always be entitled to make any changes with immediate effect if such changes are mandated by law, regulations, or official decisions.
26. The agreement shall remain in effect until further notice.
27. A user may cancel his or her Payson Account with immediate effect by contacting Payson via its contact form unless otherwise especially agreed. Once Payson has received a cancellation, the Payson Account shall be terminated without undue delay. Any and all debts to Payson must be settled before an account may be terminated. No termination fees shall apply.
28. Disputes concerning the interpretation and application of these Terms and conditions not possible to solve through negotiations between Payson and the user shall be solved in a Swedish court in accordance with Swedish laws and regulations.
29. If the user wishes to send feedback or a claim related to Payson’s services, he or she must, in the first instance, send it to email@example.com. Payson follows the law regarding alternative dispute settlements in consumer conditions and cooperates with the National Board for Consumer Disputes for investigation of disputes and complaints. For assistance with disputes and complaints that have occurred in connection with cross-border e-trading within the EU, we also refer to the Online Dispute Resolution, (ODR).
Payson’s General Terms and Conditions
Svea Bank AB, Org. No. 556158-7634 (“Svea”), provides a service in the product name “Payson” for intermediating payments related to the trade of goods, services, and other commodities via e-commerce sites (“Service”). The Service allows physical and legal persons who register with Svea (“Users”) to make payments to other Users through the Service. Users can use the Service to both buy and sell. The following general terms and conditions (“Terms and Conditions”) apply to Users’ use of the Service.
In the present Terms and Conditions, the following terms have the specified meanings, notwithstanding the terms predefined above:
Service – shall refer to the intermediation of payments and related services for the purpose of simplifying commerce between two private or legal persons.
Payson – the business that Svea conducts in the product name “Payson” and provides the Service. When it is stated in the text that agreements or connections are entered into with Payson, this refers to Svea.
Account – shall refer to an electronic account in which the User’s receivables in Payson are recognized.
User – shall refer to physical and legal persons registered with Payson.
Special terms – other terms and conditions of Payson that apply to Users’ use of the Service.
2. Connection to Service
Users connect to the Service by accepting the Terms and Conditions and by registering for an Account in compliance with Payson’s procedures and terms and conditions as they apply at all times. Terms, conditions and provisions other than those prescribed in the present Terms and Conditions may apply to the Service. Users undertake and accept that they must be attentive to and comply with such terms, conditions and provisions in their use of the Service as well as keep up-to-date and comply with any changes to these. Infringement of any special terms, conditions and provisions that apply to the Service shall also be considered infringement violation of the present Terms and Conditions. Payson does not permit any remittances pertaining or relating to illegal activities or activities that violate Payson’s applicable policy. If a User uses Payson to pay or receive payment for such types of goods/services, this shall be considered a violation of the present Terms and Conditions.
3. Payment through the Service
3.1 Contracts for purchases are entered into by and between two Users who act as purchasers and sellers, respectively. Payson shall not be a party to this relationship.
3.2 A transfer from a User’s Payson Account is executed once the User has approved the transaction and provided sufficient funds in the Payson Account or other specified account. The User approves the transaction by providing a correct authentication for the payment method.
3.3 Users may approve a transaction from their Account either by executing a purchase or through the reimbursement of a sale, A User who, in the role of purchaser, wishes to revert a transfer to a seller shall present the seller with such a request. Once the seller and purchaser agree on such a transaction, the seller shall execute a reimbursement to the purchaser’s Account.
3.4 Payson may reject a transaction approved by a User if, e.g. there is reason to suspect that the transaction would violate the present Terms and Conditions, applicable law, regulations, or other statutory requirements. Payson shall notify the User without undue delay if a transaction has been rejected.
3.5 If the remittance pertains to goods that require to be picked up by the purchaser, the seller shall create a purchase receipt, including verification of the purchaser’s identity, according to this template, in order for the payment to be valid.
3.6 Payson offers payment by invoice for certain types of purchases. In order to be able to place an order against an invoice, the User must be 18 years old and must be registered in the Swedish civil register and have undergone a credit check performed by Svea related to the purchase. Other terms and fees for payment by invoice are specified at the time of purchase.
4. Depositing funds into a Payson Account
4.1 Users can deposit funds into their Account by prepaying funds into Payson’s client fund account.
4.2 Deposited funds will be available to the User once Payson has updates the User’s Payson Account after providing notice about executed prepayment.
5. No interest
Users shall not be entitled to interest on funds that have been prepaid to Payson or been debited to a Payson Account as specified above.
6. Withdrawals from Payson Account
Users may request withdrawal of funds from their Payson Account in full or in part to themselves by transferring the funds in question to a bank account specified by the Users. In order to be able to use this function, Users must have had their identities verified using Payson’s applicable and relevant procedures. Users will be debited a fee for the withdrawn amount as set out in Clause 12 below. The fee will be credited from the requested amount before payment is executed to a User.
7. Reporting of transactions
7.1 Each transaction is itemized in the User’s Payson Account. Users will be able to review their balance/history on their Payson Account by logging into www.payson.se.
7.2 If a User believes that a transaction has been registered erroneously, the User shall notify Payson without undue delay but no later than seven (7) days after the transaction has been registered in the Account. However, if the User, as purchaser, has comments related to a recognized transaction for reasons attributable to a seller-related issue—e.g. if a higher amount has been debited than the amount agreed to by and between the purchaser and seller—the User (purchaser) must first contact the seller. The User must also notify Payson if funds have not been registered even though a transaction has been executed.
8.1 Form and storage of passwords, etc.
Users are obligated to comply with Payson’s applicable processes and security instructions with respect to the formatting of passwords or other security parameters. Users undertake to store their password and/or other security parameters securely to that they remain inaccessible to third parties. Passwords are personal and may not be disclosed to or used by anyone else than the specific User.
Users shall immediately notify Payson using the contact form if they have reason to suspect that an unauthorized party has gained access to or learned about the password and/or corresponding information.
8.2 Unauthorized usage
If the User fails to comply with the security instructions under Clause 8.1 above, the User shall be liable for any damage incurred by Payson and any transaction that arise because an unauthorized party’s usage of the User’s Payson Account.
Even if a password or other security parameter has been designed in compliance with Payson’s applicable security instructions, the User is liable for any damage incurred by Payson and any transaction that arise as a result of the unauthorized usage of the User’s Account, if the User:
(a) has disclosed the password to a third party;
(b) by virtue of gross negligence, has contributed to disclosing the password to a third party; or
(c) has reason to suspect that a password has been disclosed to a third party, if the User has not, immediately after the discovery of the loss, notified Payson and changed his, her, or its password or adopted other security measures as set out in Payson’s applicable security instructions.
The Service is generally made available 24 hours a day, 7 days a week. However, Payson does not make any guarantees that the Service will be free of errors or disruptions during the time specified above. Payson shall always be given an opportunity to correct any Service-related irregularities before a claim for contractual non-performance may be invoked. Payson may make changes to Service-related operating procedures, technical specifications, systems, and uptimes, etc. Moreover, Payson may, to a reasonable extent, discontinue the Service for such tasks as performing servicing and upgrades. More stated in section 15.
10. Service errors
Users who wishes to invoke a Service error shall notify Payson within a reasonable period of time after they noticed or should have noticed the error by contacting Payson through its contact form. Failing that, the User forfeits the right to invoke the error. Complaints must specify how the error manifests itself.
11. Purchase-related errors or delays
Contracts for the purchase of goods, services, or other commodities are entered into by and between two Users who act as purchaser and seller, respectively. Payson is not part of this relationship and assumes no liability with respect to the function, quality, and delivery, etc. for any goods, services or other commodities for which Users pay using the Service. If a User (as seller or purchaser) wishes to lodge a complaint related to another User’s (as seller or purchaser) contractual performance, that User must therefore contact the other User directly.
Generally, the prevailing fee schedule specified on the price list shall apply.
Fees are debited from the User’s Payson Account as they are incurred, or invoiced to the User by Payson with related fees and payment terms stated on the invoice.
13. Liability and offsetting
User accept that they will indemnify Payson for any funds that Payson is compelled to pay to third parties due to use of the User’s Payson Account through, e.g. the unlawful or unauthorized depositing of funds into a Payson Account. Payson shall be entitled to offset such receivables against the User’s receivables on Payson. However, any such offsetting shall not limit Payson’s right to claim damages or any other remedies available under the law.
14. Term of agreement, cancellation, and freezing of account
14.1 Users enter into an agreement with Payson under the present Terms and Conditions (“Agreement”) by connecting to the Service as specified in Clause 2. Users may cancel their Account by contacting Payson via its contact form. Upon receipt of a cancellation notice, Payson shall terminate the Payson Account in question without undue delay.
14.2 Payson may freeze a Payson Account with immediate effect, if
(a) Payson learns of or otherwise has reasonable cause to suspect that a User is using or will be using his, her, or its Payson Account in breach of the present Terms and Conditions and/or under applicable laws, regulations, or other statutory requirements;
(b) information has come to light about information security-related technical or administrative procedures that there are reasonable grounds to suspect that a User’s Payson Account will be misused; and/or
(c) there are otherwise reasonable grounds to suspect that a User’s Payson Account has been or will be misused.
14.3 Irrespective of the cause, Payson may, at its discretion and upon sending a termination e-mail to a User, terminate the Agreement with the agreed notice period. If a notice period has not been agreed, the Agreement will be terminated within 30 days after sending the termination e-mail. If not already frozen by virtue of one or more of the reasons specified in 14.2 (a)-(c), a Payson Account shall be frozen as the Agreement lapses.
14.4 Even though an Agreement is cancelled, it shall still govern mutatis mutandis any and all of the parties’ outstanding dealings entered into under the Agreement until they are settled finally.
14.5 Upon termination of the Agreement, Payson shall, without undue delay upon request, provide the User in question with a statement of any funds that have been kept separate at the User’s expense, less any fees.
15.1 Payson shall compensate a User for only verified and reasonable direct costs incurred by the User as a direct result of negligence by Payson. Thus, the User shall not be entitled to compensation for any indirect costs, damages, or losses, such as e.g. lost profits, irrecoverable costs, or other consequential damages.
15.2 Payson shall have no liability in damages or any other liability if it can show that the damage caused to the User is based on circumstances outside the control of Payson and which Payson could not reasonably have anticipated and whose consequences Payson could not reasonably have avoided or overcome. This also applies if a subcontractor or any other person with whom Payson collaborates is prevented from performing his or her obligations because of circumstances referred to herein. The limitations set out above shall not apply if Payson caused the damage through negligence.
15.3 Payson shall not be liable for any damage caused by errors in the public telephone network or technical equipment that does not belong to Payson. Payson shall also not be liable for any damage caused by the rejection of a transaction executed in a User’s Account or if a User’s Account has been frozen provided Payson, at the time of freezing the account, has reasonable grounds to assume that the action in question was justified.
15.4 In the event that liability for Payson in accordance with clauses 15.1 to 15.3 should be found to exist, this shall in all circumstances be limited to SEK 1,500 per year.
15.5 Users shall indemnify Payson for the damage that Payson suffers due to breach of contract by the User. Users shall also indemnify Payson for any claims by third parties vis-a-vis Payson as a result of a User’s use of the Service in breach of the present Terms and Conditions and/or applicable laws, regulations, or other statutory requirements.
16. Intellectual property rights
Apart from what is required for using the Service under the applicable Terms and Conditions, all intellectual property rights and technical solutions related to the Service belong to Payson or third parties with whom Payson collaborates and may not be used by Users.
Written communications from Payson to Users are transmitted to the Users message function in the Account or by e-mail. Communications transmitted to Users in this manner shall be deemed to have been received no later than the next day.
Accounts are personal in nature and Users may not assign any rights or obligations under the present Terms and Conditions to third parties without Payson’s written approval. Payson may assign the rights and obligations under the present Terms and Conditions to third parties without a User’s consent in full or in part.
19. Amendments and changes
Payson may supplement and amend the present Terms and Conditions and price schedule from time to time. Users shall be notified about such supplements or amendments no later than 2 months before they enter into effect. Users who do not accept the notified supplements or amendments may cancel these Terms and Conditions as set out in Clause 14. Payson shall always be entitled to make amendments (including amendments to prices) with immediate effect as a result of changes in laws, regulations, or official decisions.
20. Disputes and applicable law
Disputes related to the interpretation and application of the present Terms and Conditions that cannot be resolved through negotiations by the parties shall be decided by a Swedish court of law under Swedish law.
The present Terms and Conditions enter into effect on June 1, 2022 and shall remain in effect until further notice.