Trisbee General Terms and Conditions
Merchant’s Terms and Conditions
SECTION 1 – INTRODUCTION AND BASIC TERMS
1.1. Agreement with the Merchant
These Terms and Conditions constitute basic agreement on the provision of services between Trisbee s.r.o, with its registered office at Prague 6, Vokovice, K Červeném vrchu 678/1, postal code 160 00, Czech Republic, Company ID No.: 04775660, registered in the Commercial Register maintained by the Municipal Court in Prague, file number C 306886 (hereinafter “Trisbee”) and the merchant. The agreement is deemed concluded once that the merchant (hereinafter referred to as the “Merchant”) provides Trisbee with the data and documents necessary for registration and, at the same time, expresses their agreement to these terms and conditions, which regulate the rights and obligations of Trisbee and the Merchant in respect with services provision (hereinafter referred to as the “Business Terms and Conditions"), and once Trisbee subsequently verifies and approves the Merchant for the provision of the requested services. An integral part of the Business Terms and Conditions is the price list of services (hereinafter referred to as the “Price List”) available at www.trisbee.com/en/CZ/pricing. Provision of certain services may be subject to the Merchant’s consent to other terms and conditions governing these services.
1.2.1. “Trisbee” is the company providing services according to these Business Terms and Conditions. At the same time, Trisbee is a duly registered small-scale payment service provider licensed by the Czech National Bank, with its registered office at Na Příkopě 28, 115 03 Prague 1, Czech Republic. The Czech National Bank is the authority supervising Trisbee in the provision of payment services thereby.
1.2.2. “Merchant” means an entity that has entered into an agreement with Trisbee on the provision of services consisting in acceptance of non-cash payments and other services, and that meets all contractual and statutory conditions for the provision of the services.
1.2.3. “Merchant’s Customer” means any person using the Trisbee payment system, either by means of the Trisbee mobile or web application (hereinafter referred to as the “Application”) or, using the access to the Operator's server via a programming interface (hereinafter referred to as the “API”), paying to the Merchant for goods and services while otherwise not using actively other services provided by Trisbee. In such cases the Application serves to the Merchant as a payment terminal These Terms and Conditions apply mutatis mutandis to the Merchant’s Customer.
1.2.4. “Registered User” means any person who uses the services provided by Trisbee and who, in order to enter into a contractual relationship therewith, has provided Trisbee with his/her identification data, has agreed to these Terms and Conditions, and/or has met other conditions stipulated for the provision of the selected service, and who has been registered for provision of the services by Trisbee.
1.2.5. “Identified User” means any person who uses the payment or other services provided by Trisbee and who, in order to enter into a contractual relationship therewith, has provided Trisbee with their identification data, has agreed to the Terms and Conditions designed for users, has met other conditions stipulated by law for the provision of payment services and, at the same time, who has been verified, approved and registered for provision of payment services by Trisbee.
1.2.6. “User” means any person using the payment or other services provided by Trisbee, whether the person has registration or not. The User therefore means both the Merchant’s Customer and the Registered and Identified User.
1.2.7. “Payment Account” means the virtual account maintained by Trisbee for the Identified User. The Identified User may transfer funds to the Payment Account from their bank account kept at a banking institution, doing so by bank transfer or by means of a (debit or credit) payment card (availability of this service is subject to changes over time). The funds kept on the Payment Account may be used by the Identified User to remit payments for goods or services to Merchants.
1.2.8. “Application” means the Trisbee mobile or web application serving for payment remittance. The mobile application can be downloaded from the App Store or Google Play. The web application can be accessed at pay.trisbee.com or at trisbee.app.
1.2.9. “Business application” means a mobile application designed for Merchants, containing, in particular, information about transactions carried out in favor of the Merchant. The mobile application can be downloaded from the App Store or Google Play.
1.2.10. “Business Dashboard” means a web application in which the Merchant can monitor all information related to the contractual relationship with Trisbee, or can set certain sub-parameters of the services provided.
SECTION 2 – SERVICES DESIGNED FOR MERCHANTS
2.1. Specification of Services Designed for Merchants
2.1.1. Trisbee provides Merchants with:
a) payment services,
b) mediation of payment services and
c) other services according to the published offer of services in effect.
2.1.2. Trisbee provides the Merchant with access to the Business Dashboard web application (https://business.trisbee.com), in which the Merchant can monitor all information related to the contractual relationship with Trisbee. As soon as the Merchant is granted access to the Business Dashboard, Trisbee provides them with a login link (usually by email).
2.1.3. The provision of services to the Merchant is not claimable; Trisbee is entitled to disallow or terminate provision of the service to the Merchant, even if the Merchant has met all the terms and conditions requested.
2.1.4. Payment remittance and acceptance is possible only within the Trisbee payment system, ie. the payment cannot be sent unless it is a payment in favor of a registered Merchant or a Registered User.
2.2. Basic Conditions of the Agreement Conclusion and of Merchants Registration
2.2.1. The contractual relationship between Trisbee and the Merchant is established by the conclusion of the agreement according to Article 1.1. hereof.
2.2.2. The Merchant must be at least 18 years old and must have a bank account held in their name opened with a trusted banking institution (operating in their home country or within the EEA). Further conditions of the Merchant’s registration are governed by the type of service provided; the Merchant is informed about these conditions within the specification of the individual services provided.
2.2.4. Trisbee is entitled to decide about disapproval of the Merchant and, if necessary, on the temporary blocking, restriction or termination of the use of (certain) services in the event that:
(i) the Merchant does not provide the information and documents required for registration, identification and/or checking of the Merchant;
(ii) the Merchant does not meet the conditions for the provision of the payment service pursuant to Article 2.2.2. of these Business Terms and Conditions;
(iii) on the basis of verification of all information and documents provided by the Merchant, there may be reasonable doubts about veracity and authenticity of the facts and documents provided by the Merchant or if Trisbee has reasonable doubts about credibility of the Merchant or their business activities;
(iv) the submitted information and documents supplied by the Merchant suggest that the Merchant’s business activity or the form and method of performing this business activity is not compatible with the terms and conditions of Trisbee’s partners (e.g. the terms and conditions of the payment gateway provider) who would participate in the provision of services to the Merchant;
(v) the provision of (selected) services to the Merchant might potentially cause damage to Trisbee, including both material (risk of financial loss, risk of liability for damage caused to business partners or third party, etc.) and non-material (risk of damage to Trisbee's reputation, risk of damage to business relations of Trisbee with third parties, etc.) harm;
(vi) the provision of services to the Merchant, or the provision of a specific service is not compatible with the moral, generally human or business values which Trisbee insists on adhering to;
(vii) the Merchant uses services in an illegal or immoral manner, or uses offensive, obscene, vulgar, disrespectful or defamatory language towards Trisbee or towards any employees or agents acting on behalf of Trisbee;
(viii) the Merchant materially breaches these Business Terms and Conditions or other terms and conditions regulating other services used thereby;
(ix) the Merchant is declared bankrupt, if insolvency or enforcement proceedings are instituted against the Merchant, in case of the Merchant’s winding up, if the Merchant terminates their business activity or if their business activity is terminated by a competent authority, and/or in the event that there are significant changes in the Merchant’s business activities (eg different line of business, different approach to performing of business activities) or significant changes in the Merchant’s ownership structure. Likewise, Trisbee is entitled to terminate the use of services in the event that the Merchant who is a natural person dies, or if the sole member of the Merchant’s company dies, regardless of any legal succession.
Trisbee shall notify the Merchant of the reasons for the Merchant’s disapproval, for termination of services, temporary blocking or restriction of the provision of services, or refusal to perform a specific service only in such a way and to such an extent as to protect the content of Trisbee’s verification procedure and in order to ensure the effectiveness thereof.
2.3. Merchants verification and identification
2.3.1. As a registered provider of payment services providing the Merchant with financial services or mediating these services thereto, Trisbee is obliged to collect data on the Merchant and on the mediated transactions to the extent required by law, in particular Act No. 253/2008 Coll., on legitimization of proceeds of crime and financing of terrorism, as amended (hereinafter the “AML Act”), as well as other laws. Trisbee processes and retains all the information collected only for the purpose of meeting legal obligations and for the period of time required by law.
2.3.2. The provision of the payment service to the Merchant is subject to the statutory condition of the Merchant’s identification. Therefore, Trisbee cannot provide or mediate any payment services to the Merchant without verification of their identity and without verification of other statutory data concerning the Merchant.
2.3.3. Identification pursuant to the AML Act consists in:
(i) verification of the Merchant’s identity
- verification of the identity of the Merchant who is a natural person from the natural person’s the identity document;
- verification of the identity of the Merchant who is a legal entity from a document proving existence of the legal entity and, at the same time, verification of the identity of the natural person acting on behalf of the Merchant who is a legal entity (statutory body of the legal entity, or person authorized in writing to act on behalf of the legal entity) and/or, if the member or the controlling entity of the relevant legal entity is another legal entity, it is necessary to verify the identity (identification data) of this legal entity.
Verification of identity is performed based on the data communicated by the Merchant, on the submitted identity documents and, at the same time, based on publicly available data on the Merchant.
(ii) verification of existence of a bank account held in the name of the Merchant; and
(iii) performing of a verification payment through the Merchant’s bank account as specified under (ii) above.
2.3.4. Trisbee will guide the Merchant through the verification and identification procedure either as part of the Merchant’s registration on the Trisbee website or via e-mail messages containing relevant instructions and guidelines. Similarly, Trisbee will guide the Merchant through the provision of further required facts according to Article 2.2.3 of these Business Terms and Conditions. In case of any confusion regarding the verification and identification procedure or the provision of further information and/or materials, the Merchant may use Trisbee customer support; the contacts are listed both on www.trisbee.com and in the Business Application.
2.3.5. Trisbee carries out identification and verification of further facts according to Article 2.3.3. and 2.2.3. of the Business Terms and Conditions without undue delay upon receiving of the necessary data and documents from the Merchant. Once the identification and verification are completed, Trisbee shall decide whether the Merchant shall be approved or not. The Merchant is notified about the decision by email. The Merchant’s approval is non-compulsory and is always at the discretion of Trisbee, according to the specific circumstances of each individual Merchant.
2.3.6. If the Merchant gets approved, Trisbee immediately ensures their registration in the Trisbee payment system, or in the system of Trisbee contractual partner(s) providing the relevant payment service.
2.3.7. Based on the new registration in the Trisbee payment system the Merchant gains their unique QR code used for easy acceptance of payments from Users. If Trisbee and the Merchant agree so, the Merchant may have several QR codes assigned in the Trisbee payment system, for instance intended for the individual Merchant’s establishments or with different predetermined payment amounts. The QR code is usually sent by Trisbee to the Merchant by email, or is accessible to the Merchant in Business Dashboard.
2.3.8. In justified cases, based on amendments to statutory requirements or as part of a regular or random inspection, Trisbee shall be entitled to perform identification and checking of the Merchant during the term of the contractual relationship. In such cases, the Merchant shall be obliged to undergo the repeated identification and/or checking, while the prior approval has no effect on the result of the present identification and checking of the Merchant.
SECTION 3 – PAYMENT SERVICE AND BROKERAGE THEREOF
3.1.1. Trisbee develops and operates software serving to payments acceptance, especially in the form of the Business Application, or in another form agreed between Trisbee and the Merchant (hereinafter referred to as “Business Payment Methods”). Trisbee also manages an API made available to the Merchant and enabling integration of software for payments acceptance by the Merchant. The Business Application and Business Dashboard serve the Merchant as a payment terminal.
3.1.2. Trisbee grants to the Merchant a non-exclusive, non-transferable and gratuitous license to use the Business Application and the other Business Payment Methods, thus in accordance with these Business Terms and Conditions and, where applicable, also in accordance with the terms of the platform from which the specific software was downloaded. The license applies to all later versions of the software solution provided to the Merchant, unless a new license to use is provided together with the new version.
3.1.3. The Merchant may not independently distribute, publish or otherwise forward the Business Application to other persons; the Business Application is available for download via Google Play or the App Store. The Merchant also is not entitled to treat similarly other software created and provided to the Merchant by Trisbee. The Merchant understands that the Business Application was not created for individual needs of a particular Merchant but for universal use.
3.1.4. By downloading the Business Application, or by using other Business Payment Methods, the Merchant acknowledges that Trisbee thus gains access to certain information of the device on which the Merchant has installed their solution for payments acceptance or which they use their solution for payments on. This includes information such as IP address, name of the device, the operating system version, and geolocation. In some cases, Trisbee has access to the device information only if the Merchant enables this feature on the device.
3.1.5. By downloading the Business Application or by using other Business Payment Methods designed for non-cash payment acceptance, the Merchant agrees to refrain from:
- performing of operations such as translation, adjustment, modification, circumvention, reverse engineering, decomposition, disassembly, creation of derivatives or other interventions into any feature of the Business Application or of the Business Payment Method, or assisting to another person in the above-described interventions;
- using the Business Application or the Business Payment Methods illegally, for illegal purposes, in a manner that is in violation of these Business Terms and Conditions, or treating the Business Application or the Business Payment Methods in a fraudulent or deceptive manner, such as hacking, inserting malicious code or malicious data into the Business Application or the specific Business Payment Method or into the operating system;
- any attempts to install or use the Business Application or the Business Payment Methods on any device on which the impossibility of installing illegal software has been unlawfully breached or in which the possibility of installation is limited in a controlled manner;
- collecting or gathering of information and/or data from the Business Application or the Business Payment Methods or the Trisbee system or from attempting to decrypt any transmission to or from servers operating the payment services;
- uploading of any content that is or may be deemed violent, threatening, racially motivated, breaching confidentiality or privacy, discriminatory, defamatory, abusive, illegal, pornographic, obscene, indecent, profane, or may cause trouble or inconvenience to a third person.
3.1.6. The Merchant is responsible for securing of all their devices and for activating of all security features of access into the devices that they have the solution for payments acceptance installed on or that they use the solution for payments acceptance on, so that, without the Merchant’s consent and authorization, no third party can access the Business Payment Methods used (including the Business Application and Business Dashboard), to confidential data related to the provided payment services and to data on individual payment transactions in favor of the Merchant. Violation of these instructions may significantly impact settlement of any complaint about a payment service or a specific payment transaction filed by the Merchant. Any action of a person authorized by the Merchant to use the Business Application or the Business Payment Methods on their behalf is considered to be an action of the Merchant.
3.1.7. In the event that the contractual relationship between the Merchant and Trisbee is terminated, Trisbee recommends to the Merchant to remove the Business Application and all components of the Business Payment Methods from all the Merchant’s devices for security and protection reasons.
3.2. Acceptance of Payments by the Merchant
3.2.1. The User may enter payment orders in favor of the Merchant, in particular using the User Application or another method offered by Trisbee to remit payments to the Merchant registered with Trisbee.
3.2.2. The user selects a specific Merchant in the Application either by searching in the list of Merchants or by scanning the Merchant’s QR code (see Article 2.3.7. of the Business Terms and Conditions). After the payment amount is entered, the User selects a payment method (Payment Account, payment card, Apple Pay, Google Pay) and confirms t¨he transaction with the “Pay” button. The User thus completes the payment order.
3.2.3. After the User enters an order to make a payment in the Application, the transaction is registered in the Trisbee system. Successful entering of a payment order is confirmed to the User in the Application and a unique transaction code is delivered thereto. In such a case, the Merchant is notified in the Business Application or in another way (such as by a text message) of the payment registration and, at the same time, of the identical unique transaction code.
3.2.4. The Merchant acknowledges that upon their notification of the payment registration in their favor, the transaction is always reviewed for relevant provisions of the AML Act, i.e. it is always checked whether the transaction is not suspicious or a risky transaction in terms of possible fraud.
3.2.5. If the payment transaction is verified and it can be concluded that it is not a suspicious or risky transaction Trisbee or, where applicable, the payment service provider processes the User’s payment order and in accordance with Article 3.2.6. of these Business Terms and Conditions remits the relevant amount in favor of the Merchant’s (verified) bank account. Otherwise, ie. if the verification suggests that the payment transaction might be suspicious and/or risky, Trisbee shall proceed in accordance with Article 3.3. hereof.
3.2.6. Payments entered in favor of the Merchant are sent to the Merchant’s bank account; in doing so, the date of the payment remittance to the Merchant is directly dependent on the payment method chosen by the User.
a) The User’s payments from Trisbee Payment Account (where Trisbee is the payment service provider) are remitted by Trisbee to the Merchant on the next working day after successful receipt of the payment order from the User. Trisbee does not maintain any payment account for the Merchant.
b) If Trisbee mediates a payment service (payments with a card, via Apple Pay, Google Pay, indirect entering of a payment order from a bank account), where the service in question is provided by an entity being in a contractual relationship with Trisbee, then the payments remittance to the Merchant is governed by the terms and conditions of the service provider. The Merchant is informed of the current terms and conditions when concluding an agreement on the mediation of the payment service with Trisbee.
3.3. Suspicious and Risky Transactions
3.3.1. In the event that Trisbee and/or the payment service provider, based on verification of a payment transaction entered in favor of the Merchant in accordance with Article 3.2.5. herein, concludes that the payment transaction is suspicious and/or risky (if there is a justified suspicion of fraud),
(i) processing of the transaction is immediately blocked and the transaction is not accepted for processing
(ii) processing of the transaction is immediately suspended
and, at the same time,
(iii) Trisbee immediately contacts the User and/or the Merchant, requesting further information on the entered payment order and submission of supporting documents relating to the transaction. Trisbee contacts these persons by phone and/or via SMS and/or e-mail, and may choose any or all of these methods in order to do its best to reach the person contacted as quickly as possible.
The reason for verifying of such an entered payment order (if the payment order is not blocked immediately) primarily consists in fulfillment of statutory obligations relating to Trisbee (as a mandatory payment institution) under the AML Act and in protection of legitimate interests of the company as an entrepreneur against fraud, whether committed against Trisbee or through Trisbee. The purpose of the verification is to obtain additional information and documents, on which Trisbee may base their decision on further processing of the entered payment order (if the payment order is not blocked immediately as set in paragraph (i) above) or rejection of the payment order.
3.3.2. The Merchant acknowledges and understands that the decision to block acceptance of a payment order according to Article 3.3.1. (i) is final, in contrast to the interim decision on the suspension of a payment order acceptance according to 3.3.1. (ii), when the decision to (not) accept and (not) process the payment order depends on the cooperation as described below between the User and the Merchant.
3.3.3. The Merchant acknowledges and understands that Trisbee is entitled to request the User and/or Merchant to communicate thereto the facts and to provide thereto all relevant documents relating to the payment order entered by the User in the Application. Both the User and the Merchant are obliged to provide Trisbee with proper and timely cooperation. Proper cooperation means provision of complete, unbiased and truthful information and documents related to the verified payment transaction. Timely cooperation means cooperation provided without delay and no later than by the end of the 3rd working day after the day on which Trisbee demonstrably requested the cooperation of the person(s) concerned.
3.3.4. In the event that the User and the Merchant jointly or separately remain out of contact or if they do not provide any information and documents or provide insufficient, distorted or misleading information and documents concerning the verified payment transaction by the deadline specified in the previous Art. 3.3.3. hereof, Trisbee may - as a result of such behavior - consider the verified payment transaction suspicious and risky. In such a case, Trisbee is entitled to refuse processing of the payment order entered by the payer. The decision on refusal of the payment transaction mediation by Trisbee shall be notified without delay to the User and/or the Merchant. In such a case the payment shall not be remitted to the Merchant.
3.3.5. In situations where the User, or the Merchant provide complete, unbiased and true information and documents relating to the verified payment transaction by the deadline according to Art. 3.3.3. hereof, Trisbee shall decide without undue delay, based on assessment of all facts and documents as follows:
(i) either to complete processing of the payment order entered by the User so that the payment is sent to the Merchant, if the doubts about the payment transaction are dispelled based on the information and documents provided;
(ii) to refuse mediation of the payment transaction in question if, based on the information and supporting documents provided, Trisbee concludes that the payment transaction is suspicious and/or risky. The decision on refusal of the payment transaction mediation by Trisbee shall be notified without delay to the User and/or the Merchant. In such a case the payment shall not be remitted to the Merchant.
3.3.6. Trisbee proceeds similarly, mutatis mutandis with Articles 3.3.4. and 3.3.5. hereof, if after processing the User’s payment order it discovers facts providing grounds for considering of the payment transaction in question suspicious or risky. Trisbee is entitled to proceed as set in the previous sentence for 1 month upon the date that the User entered the payment order in question. In the event that the payment transaction in question is found to be suspicious or risky, Trisbee will cancel the payment transaction (chargeback) - if possible and necessary - doing so in accordance with the terms and conditions of the payment service provider.
3.4. Complaints about Payment Transactions, Cancellations and Refunds
3.4.1. If the Merchant thinks that a specific payment credited to the Merchant’s bank account does not correspond with the payment order entered by the User and with the sent notification, or that the Merchant has not received the payment entered by the User even though notified thereto, or that the Merchant has not received not even the notification of the payment they are persuaded the User entered for payment, the Merchant may complain about the payment transaction with Trisbee.
3.4.2. The Merchant is entitled to file a complaint about a specific payment transaction with Trisbee without undue delay after finding out about the reason for the claim, but no later than within 13 months from the day when the payment transaction was notified to the Merchant or, in absence of such a notification, within 13 months from the date that the payer placed the payment order in favor of the Merchant.
3.4.3. Trisbee may require completion of a payment transaction claim form. If the form is unavailable the Merchant’s complaint shall include at least the following information:
- identification data (the Merchant’s name, surname or trade name, telephone number and e-mail);
- identification of the transaction that the complaint relates to - indication of the unique transaction code (if received by the Merchant), date and amount of the transaction;
- the reason(s) for filing of the complaint;
- description of circumstances relating to the claimed payment transaction;
- what remedies the Merchant seeks.
Merchants file complaints electronically by e-mail to email@example.com or in paper form sent to the address: Trisbee s.r.o., Kamenická 33, Prague 7 - Holešovice, postcode 170 00, or electronically via databox - ID DS Trisbee s.r.o.: ghwkp68.
3.4.4. If a complaint submitted by the Merchant contains all the data necessary for it to be checked by Trisbee (Art. 3.4.3. of these Business Terms and Conditions), Trisbee undertakes to settle the complaint within 1 month from the day that the Merchant’s complaint was demonstrably delivered to Trisbee. Trisbee always informs the Merchant that their complaint was received by Trisbee and when, that it was registered and that it will be settled within 1 month. If a complaint filed by the Merchant lacks data needed for verification of the claimed payment transaction, or if it is necessary that the Merchant clarifies certain facts or submits relevant documents, Trisbee contacts the Merchant in order to ensure completion of such facts and documents. In that case, the deadline for settling of a complaint may be adequately extended by the time period of waiting by Trisbee for communication of the required complementary facts and for documents indispensable for settlement of the complaint from the Merchant. If the Merchant does not communicate the complementary facts and/or does not provide indispensable documents to Trisbee within 1 month of a notice for completion delivered by Trisbee, without the User indicating the reason for such a delay and for requesting alternative deadline for communication and substantiation of complementary facts, Trisbee shall terminate the complaint procedure and shall notify the Merchant thereof. Trisbee shall not obliged to investigate a complaint if the claim notice does not indicate clearly who is filing the complaint and if the person concerned has not provided their contact details.
3.4.5. After examining all the facts and documents provided by the Merchant in re the filed complaint and/or the facts and documents from Trisbee’s internal records, Trisbee shall decide on settlement of the complaint by concluding that the complaint is either:
(i) justified and therefore shall comply with the complaint, ie shall inform the Merchant that their complaint is justified and shall immediately take all necessary actions leading to elimination of the claimed status of the payment transaction; these actions may vary depending on the nature of the complaint;
(ii) unjustified and therefore shall reject the complaint, ie shall inform the Merchant that their complaint has been found unjustified and shall indicate substantial reasoning of the decision;
(iii) partially justified and therefore shall comply with the complaint to a certain extent, ie shall inform the Merchant that their complaint is justified to a certain extent, shall specify the justified part of the complaint and shall immediately take all necessary actions leading to elimination of the reasonably claimed status of the payment transaction (specific actions may vary depending on the nature of the complaint). Trisbee shall further inform the claimant that the remainder of the complaint was found unjustified and shall indicate substantial reasoning of the decision.
3.4.6. If the Merchant requests Trisbee to cancel a payment order entered in favor thereof or to refund the payment made by the User in favor thereof, the Merchant is obliged to indicate:
- identification data (the Merchant’s name, surname or trade name, telephone number and e-mail);
- identification of the transaction that the cancellation/refund relates to - indication of the unique transaction code, date and amount of the transaction;
- the reason(s) for requesting cancellation of the payment order or refund of the payment - the reason can as a rule only be a technical or similar error on Trisbee side (error in the Application) or error made by the User while entering the payment order. In other cases, Trisbee will refer the Merchant to resolve the situation directly with the User as part of their business relationship.
A request to cancel the payment transaction and a request for a refund may be submitted no later than 3 months from the date that the User submitted the payment order in favor of the Merchant in question.
The Merchants submit their requests for cancellation or refund electronically by email to firstname.lastname@example.org or in writing to the address: Trisbee s.r.o., Kamenická 33, Prague 7 - Holešovice, postal code 170 00, or electronically by personal databox - ID DS Trisbee s.r.o .: ghwkp68.
3.4.7. The Merchant is obliged to resolve all complaints regarding goods or services provided by the Merchant to the User directly with the User.
3.5.1. Trisbee charges the Merchant a service fee (hereinafter referred to as the “Fee”) depending on the services selected by the Merchant and according to the selected service conditions. Certain services are under the set conditions provided by Trisbee free of charge. The amount of the Fee is always governed by the current Trisbee price list available on the website https://www.trisbee.com/cs/CZ/cenik.
3.5.2. The fee is due and the Merchant pays it in favor of Trisbee according to the invoice sent to the Merchant by email.
SECTION 4 - FURTHER RIGHTS AND OBLIGATIONS
4.1. Indication of the Use of Trisbee Payment Services
4.1.1. The Merchant undertakes to visibly indicate the use of Trisbee payment services:
at its establishment by placing the logo of the Trisbee payment service system and QR codes serving for paying both outside (e.g. in the shop window, on the door, etc.) and inside (mainly at the cash register or at a point where payments of the Merchant’s goods/services are customarily performed) the establishment, and by placing the notice inside the establishment about the possibility to use Trisbee cashless payment service via mobile phone;
on their website, social networks and wherever the Merchant offers its goods or services, if the merchant is the operator of the e-sale of goods or services in question.
4.1.2. Trisbee will provide the Merchant with all necessary materials used to indicate Trisbee payment services, in the form of stickers, printed and electronic QR codes, banners, etc.
4.1.3. If the contractual relationship with Trisbee is terminated, the Merchant is obliged to immediately remove all materials indicating the Trisbee payment system, including the Trisbee logo and QR codes, from its premises and from all the websites, social networks and e-sales points managed thereby.
4.1.4. The Merchant acknowledges that all elements of the Trisbee payment services system are a copyrighted work created by Trisbee (unless stated otherwise) and are protected by copyright. The Merchant is not authorized to dispose in any way (especially in the sense of any modification, change, etc.) of the copyrighted works in question without the consent of Trisbee.
4.1.5. If the Merchant breaches any of the obligations set in Articles 4.1.1. and 4.1.3. and 4.1.4. of these Business Terms and Conditions, Trisbee is entitled to immediately suspend and/or subsequently terminate provision of services to the Merchant. The decision is always at the discretion of Trisbee. In the event that Trisbee suspends or terminates provision of services to the Merchant, Trisbee shall notify the Merchant thereof without delay, thus including the reasons for the decision.
4.2. Other Obligations of the Merchant
4.2.1. When using the Trisbee services, the Merchant is obliged to meet, among others, the following obligations:
- The Merchant may only use the Business Payment Methods to accept payments for their goods or services.
- The Merchant may not use the Business Payment Methods or other tools designed for use of Trisbee services with the objective to provide payment or other services to other persons.
- If - in course of using of Trisbee services - the Merchant suspects that a business transaction could constitute a case of money laundering or financing of terrorism, they shall immediately report this fact to Trisbee by email to email@example.com, or by any other appropriate means.
- Upon request, the Merchant is obliged to provide Trisbee and its business partners involved in the provision of payment and other services, and, where applicable, the relevant government authorities and institutions, with all necessary cooperation in analysis of the customers or business transactions, thus to the extent required from Trisbee or its business partners by applicable law.
- The Merchant undertakes not to perform any activity that could allow thereto or the third parties to tamper with or misuse the Trisbee (payment) service system.
- The Merchant is obliged to treat each individual business transaction made using any of the Business Payment Methods or by means of other tools serving for use of services provided by Trisbee with due care and, in case the Merchant suspects any significant non-standard or fraudulent conduct on the part of the User or a third party, which could incur harm to Trisbee or the Merchant itself, the Merchant undertakes to report the business transaction to Trisbee and not to process it. Even if the Merchant does not reject to perform the business transaction, they are always obliged to report the suspected fraud to Trisbee without delay by email to firstname.lastname@example.org, or by any other appropriate means.
- The Merchant is obliged to provide proper and timely cooperation if Trisbee or any of its business partners providing a payment service evaluates specific payment transactions in favor of the Merchant as suspicious and risky (regardless of the nature of such suspicion) or if the User seeks refund through their bank, and for that reason Trisbee shall ask the Merchant to provide information regarding specific transactions and submit documents related to the transactions in question.
4.3.1. The Merchant is fully liable for any damage (both material and non-material) caused by their actions to Trisbee, persons related to Trisbee involved in mediation of payment and other services, or Users, if the damage is inflicted by the Merchant in any of the following way:
(i) by intentional fraud;
(ii) by negligent conduct, such as insufficient security of the device in which the tools for using Trisbee services are used, so that a third party can access Trisbee services without the authorization granted by the Merchant,
(iii) by not providing adequate cooperation on Trisbee’s request in accordance with the provisions of these Business Terms and Conditions or other terms and conditions governing the service provided, i.e. by not providing information and relevant documents regarding the business transaction in the event that the complaint relates to a business transaction with a Merchant, in which a service was provided by Trisbee.
4.3.2. Trisbee is fully liable to the Merchant for proper and timely provision of the service, unless an explicitly stated exception applies under these Business Terms and Conditions or the terms and conditions governing the relevant service (e.g. Trisbee does not process/mediate a suspicious and/or risky payment transaction). Trisbee is not liable for any damage that has occurred:
(i) due to circumstances which Trisbee could not have reasonably foreseen nor influenced (force majeure);
(ii) by fulfilling legal obligations imposed on Trisbee;
(iii) by actions of an entity other than Trisbee, which Trisbee could not have reasonably foreseen or influenced and therefore cannot be attributed to Trisbee (including but not limited to the actions of the banking institution responsible for clearing of the payment or of the telephone operator providing telephone and internet connection);
(iv) by actions of Trisbee constituting standard procedures of the services provision that the Merchant must be aware of if they got acquainted with the content of these Business Terms and Conditions or the terms and conditions governing the relevant service.
4.3.3. Trisbee is in no way responsible for the security, legality, quality or other properties of the Merchant’s goods or services purchased using a service provided by Trisbee.
4.4.1. All and any communications, notices or documents sent by Trisbee to the Merchant shall be primarily served to the e-mail address entered by the Merchant within the scope of their registration, or to the e-mail address notified by the Merchant, or by means of the Business Application, or by means of Business Dashboard.
4.4.2. If the matter allows no delay (eg verification of a suspicious or risky transaction) or if it is common and appropriate in view of the specific situation, the Merchant acknowledges that they may also be contacted by Trisbee by phone, via SMS to the phone number entered within the scope of the registration to another contact telephone number communicated by the Merchant or in the Business Application, via Facebook social network, or in another suitable way.
4.4.3. The Merchant may contact Trisbee through all available channels indicated by Trisbee on the website, social media profiles or other communication channels managed by Trisbee, unless a specific method of communication and delivery of requests, communications or other documents is set out for a specific circumstance in these Business Terms and Conditions or other terms and conditions of the provided services (eg filing of a complaint according to Art. 3.4.3. of these Business Terms and Conditions).
4.5. Changes to Merchant Data
4.5.1. The Merchant is obliged to notify Trisbee of any change in their identification data or contact details (change of name, surname, trade name, e-mail address, etc.) as well as any change to their business activities, if those affect granting of services to the Merchant (changes in the subject of business activity, change of registered office, changes concerning the Merchant’s business premises, declaration of insolvency, commencement of liquidation, changes concerning the authorization to conduct business activities, etc.). At the same time, the Merchant is obliged to notify Trisbee and, if necessary, to document to Trisbee all changes to other facts which Trisbee verified with the Merchant within the identification and which Trisbee is obliged to register about the Merchant within the scope of the payment services provision pursuant to the AML Act (change of permanent address of the Merchant/ Merchant’s CEO, change of the merchant’s bank account number, etc.).If new identity documents (ie the identity card and the second supporting identity document submitted by the Merchant/ Merchant’s CEO as part of the identification) have been issued to the Merchant/ Merchant’s CEO in the meantime since the identification, the Merchant/ Merchant’s CEO is obliged to provide these to Trisbee too.
4.5.2. The Merchant is obliged to notify Trisbee of and to document the changes of these data no later than 10 working days from the day that the change of the given fact(s) occurred.
4.6.1. The Merchant hereby acknowledges that the communication language between thereby and Trisbee primarily is the language that the Merchant selects within the scope of their registration, if the language is an official language of the country in which Trisbee provides its services. By agreeing to these Business Terms and Conditions, the Merchant expressly confirms that they understand the language selected within the scope of their registration and in which Trisbee communicates therewith.
4.6.2. Other language versions of the Business Terms and Conditions are available to the Merchant on the www.trisbee.com website, notwithstanding Article 4.6.1. of these Business Terms and Conditions. By agreeing to the Business Terms and Conditions, the Merchant expressly confirms that they understand all the conditions for the provision of services and all their rights and obligations arising from the conclusion of a contractual relationship with Trisbee.
4.6.3. The Business Terms and Conditions are drawn up in Czech and English. All other language versions of these Business Terms and Conditions are mere translations of the Czech or English version. In case of discrepancies or conflicts between the Czech or English version and other language versions, the Czech or, as the case may be, English version prevails.
4.7. Confirmation under the AML Act
4.7.1. By agreeing to these Business Terms and Conditions, the Merchant confirms that they are not a politically exposed person in the sense of Section 4 (5) of the AML Act. By politically exposed person, the AML Act means a natural person who holds or held significant public office of national or regional significance, as well as persons closely related to or otherwise connected with such a person.
4.7.2. If the Merchant is unsure whether and under what conditions they can use the Trisbee services they may contact Trisbee at any time, and the circumstances concerning the conditions stipulated by the AML Act shall be jointly verified by Trisbee and the Merchant.
4.8. Technical Requirements
4.8.1. Trisbee may set technical requirements that the Merchant is required to comply with when implementing and using the Business Payment Methods and other tools serving to usage of Trisbee services. These requirements may change over time. These may be, in particular, technical requirements for a specific technical solution of the Merchant’s system connection to the API.
4.8.2. The Merchant is obliged to comply with the specified technical requirements without undue delay after being notified by Trisbee thereof, no later than by the deadline announced by Trisbee together with the specified (new) technical requirements. If the Merchant does not meet the technical requirements, they are not entitled (to continue) to use the specific services or tools designed for the services use subjected to these requirements. If the (new) technical requirements represent a significant difficulty or restriction for the Merchant’s use of the services, the Merchant is entitled to terminate the agreement on the services provision unilaterally at any time.
4.9. Services Availability
4.9.1. Trisbee hereby expressly warns that it does not guarantee a specific scope or availability of the Trisbee services provided to the Merchant free of charge. However, Trisbee is responsible to the Merchant for the specific contracted content, scope and availability of services that are provided to the Merchant for a fee.
4.9.2. As part of regular maintenance of applications and other parts of Trisbee system, including but not limited to technology alterations, solving of technical problems, cyber attacks to the system, substantial increase in number of unauthorized or fraudulent payments or significant decrease in demand for a provided service, Trisbee is entitled to reduce or discontinue operation of the applications or of a certain part of the Trisbee system. The Merchant does not have the right to compensation for damage that could arise from restriction or interruption of operations as a result of the described facts in the event that they were informed by Trisbee about the restriction or interruption of provision of the specific services in good time, at least 7 days before.
4.9.3. Trisbee shall always make every effort to inform the Merchant of a restriction or interruption of operation of certain services in a timely and appropriate manner. In the case of planned updates to the system, Trisbee informs the Merchant well in advance, in particular via an email message, a message in the Business Application or by means of Business Dashboard. In the event of sudden and unexpected events restricting operation of applications or of some other services, this provision shall not apply. However, Trisbee undertakes to make every effort to immediately resolve any unexpected restrictions of certain features of the Trisbee system and, at the same time, undertakes to inform the Merchant thereof in an appropriate manner, if the case in question enables to do so.
4.10.1. In the event that the Merchant is not in any respect satisfied with the services provided by Trisbee, they are entitled to address their complaint directly to Trisbee, in particular by email to email@example.com. In order for Trisbee to deal with a Merchant’s complaint, the complaint must contain at least:
- the Merchant’s identification data (in particular the Merchant’s name and surname/ trade name, Commercial Registration No., e-mail address and telephone number);
- description of the facts and reasons which are the subject of the complaint made by the Merchant;
- the Merchant’s proposal on resolving the situation that is the reason for the filed complaint.
Trisbee shall confirm to the Merchant the receipt of the complaint and shall investigate it immediately, or shall request additional information or documents from the Merchant concerning the filed complaint, and shall notify the Merchant of the result of the investigation no later than 15 days from the date of the complaint receipt. The deadline for investigation of a complaint shall be adequately extended by the time for which Trisbee waited for the delivery of additional information and/or documents that are necessary for the investigation and decision-making about the complaint in question. If the Merchant is not satisfied with the Trisbee’s decision about the complaint, they are entitled to resolve the matter in another available way in accordance with applicable law.
4.10.2. In the case of provided payment services (payment via the User’s Payment Account), the Merchant also has the right to file a complaint with the authority supervising over Trisbee’s activities as a payment service provider, which is the Czech National Bank, Na Příkopě 864/28, 115 03 Prague 1. For more information about the CNB’s activities as a supervisory authority, see: https://www.cnb.cz/en/supervision-financial-market/.
4.11. Duration of the Agreement and Amendments to the Terms and Conditions
4.11.1. By concluding the agreement according to Article 1.1. hereof or, as case may be, according to other terms and conditions applicable to Trisbee services, the Merchant confirms that they were provided with all the necessary information relevant to their decision on entering into the agreement with Trisbee prior to the conclusion thereof. They further confirm that they have got familiarized with these Business Terms and Conditions or other business terms and conditions governing rights and obligations in relation to other Trisbee services well in advance of concluding the agreement, that they understand the entire content of the agreement, consider it specific and understandable, and that the rights and obligations arising from the contractual relationship with Trisbee are completely clear thereto.
4.11.2. The agreement between the Merchant and Trisbee is concluded for an indefinite period. Both Trisbee and the Merchant are entitled to terminate the agreement at any time by notifying the other party. The notice period is 1 month for the Merchant and 2 months for Trisbee. Notice of termination of the operation of (the defined) Trisbee services is also considered a termination of the agreement.
4.11.3. The notice period according to Article 4.11.2. of the Business Terms and Conditions starts from the day following the delivery of the notice to the other contracting party and ends after 1 month or 2 months respectively. In the event that the Merchant or Trisbee have any due and outstanding commitments to the other party, the parties are obliged to settle such commitments no later than 1 month from the date of the agreement termination.
4.11.4. Trisbee has the right to unilaterally amend these Business Terms and Conditions at any time. By expressing consent to the proposed amendments to the Business Terms and Conditions, or tacitly by the Merchant not communicating to Trisbee within a predetermined period of time their disagreement with the proposed wording of the Business Terms and Conditions, the parties’ rights and obligations change in accordance with the new wording of the Business Terms and Conditions. Any amendment to the Business Terms and Conditions shall be binding for the Merchant if Trisbee notified the Merchant thereof well in advance so that the Merchant had the opportunity to get acquainted with the amendment. Notifying of an amendment to the Terms and Conditions means publishing of a notice on the Trisbee website, including publishing of the new version of the Terms and Conditions, and simultaneous notifying of the new Terms and Conditions in the Business Application, in the Business Dashboard and/or notifying of the amendment to the Business Terms and Condition to the Merchant’s e-mail box, including publishing of the new version of the Business Terms and Conditions or reference thereto. Any amendment to the Business Terms and Conditions shall take effect 2 months after the date of notification thereof, unless Trisbee specifies a later effect in the notification. If the Merchant does not agree with an amendment to the Business Terms and Conditions, they may terminate the agreement at any time after notification of the amendment and before the day preceding the effective date of the amendment in question to the Business Terms and Conditions. No change to the Business Terms and Conditions is effective for the Merchant during the notice period. Termination of the agreement for this reason nevertheless in no way affects the obligation of both the Merchant and Trisbee to settle the due and outstanding commitments to the other party within 1 month from the date of the agreement termination. Similarly, the aforementioned provision also applies to the other terms and conditions governing provision of Trisbee services.
4.11.5. All rights and obligations arising from or in connection with the contractual relationship concluded between the Merchant and Trisbee, the content of which is provided for under these Business Terms and Conditions or other terms and conditions governing provision of other Trisbee services, are governed by the laws of the Czech Republic, regardless of where the access to the service was made. Any disputes arising between the Merchant and Trisbee will be resolved before the relevant courts of the Czech Republic.
4.11.6. If any of the provisions of the Business Terms and Conditions is or becomes invalid or ineffective, such invalid/ineffective provision shall be replaced by a provision the meaning of which is as close as possible to the economic purpose of the invalid or ineffective provision. Invalidity or ineffectiveness of any provision shall in no way affect the validity and effectiveness of the other provisions hereof. Invalidity or ineffectiveness of a provision in a sole relation to a particular entity or group of entities shall in no way affect the validity and effectiveness of this provision in relation to other entities. Similarly, the aforementioned provision also applies to the other terms and conditions governing provision of Trisbee services.
4.11.7. The Merchant acknowledges that Trisbee is entitled to transfer at any time its rights and obligations arising from the contractual relationship with the Merchant to another entity. In such a case, Trisbee is obliged to notify the Merchant of this fact in advance, and it is guaranteed that the Merchant will retain all their rights and obligations towards the new entity. When this is the case, the Merchant has the right to terminate the agreement by the effective date of the rights and obligations transfer to the new entity.
These Terms and Conditions enter into force and take effect on 5 February 2023.