Terms of service — Payhawk

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Facts read from this source

• Software contracting entity Report an error

  “Worldwide, with the exception of the US: Payhawk Limited, registered under company registration number 11747263, having its registered address at Chancery House, 53-64 Chancery Lane, London WC2A 1QS (“Payhawk Limited”); or In the US: Payhawk Inc., a C Corporation, established in Delaware, USA, having its principal office located at 1460 Broadway, Suite 12014 New York NY 10036”

• EU emi licence Report an error

  “For Payhawk Payment Services from the EU/EEA: Payhawk Financial Services UAB, registered under company registration number 306068630, having its registered office address at Gedimino pr. 20, LT-01103 Vilnius. Payhawk Financial Services UAB is authorised and supervised by the Bank of Lithuania as an electronic money institution under licence No. 95”

• UK fca authorisation Report an error

  “For Payhawk Payment Services from the UK: Payhawk Financial Services Limited, registered under company registration number 14060082, having its registered address at Chancery House, 53-64 Chancery Lane, London WC2A 1QS. Payhawk Financial Services Limited is authorised and supervised by the Financial Conduct Authority as an electronic money institution under firm reference number 987096”

• DPA Report an error

  “certain Personal Data under the Framework Agreement is processed by Payhawk as processor and that with respect to such Personal Data you have accepted our Data Processing Addendum (https://payhawk.com/dpa), which is an integral part of the Framework Agreement”

• Breach notification Report an error

  “duly inform the other Party of any personal data breach they become aware of that includes Personal Data without undue delay, but not later than 48 hours of becoming aware of such breach”

• Data transfers Report an error

  “only transfer the Personal Data to a country outside the EEA or UK where the European Commission has recognised that country as offering an adequate standard of data protection, or appropriate safeguards have been implemented as required under Data Protection Laws”

• Fee change notice Report an error

  “changes to account for price inflation in accordance with the relevant national retail prices index; the introduction of new features and products; and changes to the way we structure our services and support them etc. The adjustment shall be effective following the expiry of one-month of our Change Notice”

• Servicing virtual card Report an error

  “Upon the successful creation of an Account, a free of charge servicing virtual Card will be issued whose sole purpose will be to serve as means of charging due Fees for the Payhawk Software Services. This virtual card shall be linked to your Account and will be automatically charged every time a new invoice for Payhawk Software Services falls due”

• Beta services Report an error

  “Payhawk Beta Services may be made available to Company at our sole discretion. To the maximum extent legally permitted, any Payhawk Beta Services are provided AS IS and as available and without warranty and are not subject to any service level terms”

• Customer reference permission Report an error

  “Company gives Payhawk permission to publicly reference Company as a Payhawk customer on the Payhawk Website or in communications during the term of the Framework Agreement. Company grants Payhawk a limited licence to use Company trademarks or service marks for this purpose”

• Termination notice Report an error

  “Company may terminate the Framework Agreement: 12.2.1 at any time by sending a one-month Notice to support@payhawk.com and paying all amounts owed in relation to the Payhawk Services, including for the remaining duration of the-then current Subscription Period”

• Vendor termination for convenience Report an error

  “The relevant Payhawk Payment Services Provider or Payhawk Software Services Contracting Party may terminate the Framework Agreement, in part or in whole, unilaterally for convenience by giving you a one-month Notice”

• Funds redemption after termination Report an error

  “you are required to redeem any remaining client funds from your Payment Account within ten (10) Business Days of receiving or providing us with the termination notice. Should you fail to comply with this requirement, this will constitute a breach of the Framework Agreement and Payhawk reserves the right to impose an inactivity fee as a penalty”

• Liability cap Report an error

  “Payhawk's maximum aggregate liability to Company under this Framework Agreement is limited to the total amount of Fees for Payhawk Software Services actually paid by Company to Payhawk Limited or, as the case may be, Payhawk Inc, in the three months preceding the event that is the basis of Company's claim”

• Governing law Report an error

  “The Framework Agreement and any Dispute or non-contractual disputes or claims arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales. 16.6 Jurisdiction Each Party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any Dispute”

• Material term changes Report an error

  “where we intend to make material changes to these Terms, we will provide at least 30 days’ Notice before their proposed date of application, unless we are otherwise prohibited by Applicable Law”

• Non solicitation Report an error

  “During the term of the Framework Agreement and for a period of 1 year after termination of the Framework Agreement, Company agrees not to solicit employees or contractors of any Payhawk Group entities directly or indirectly without Payhawk’s prior written consent”

• Customer representations Report an error

  “you will use the Payhawk Services as a corporate client (to whom we shall apply the Corporate Opt-out) and not as а Consumer; Micro-enterprise; nor Small Charity; and (j) you contract with us as principal and not as agent”

• Notice channels Report an error

  “Notices sent through Company's Payhawk Software Account or by email, text, SMS or other electronic means to the contact information provided to Payhawk are considered delivered received (and, unless otherwise specified in the respective Notice, effective) 24 hours after they are sent”

• Third party payment providers Report an error

  “In order to be able to request, order, access and use Third Party Payment Services, Company must also accept the respective Third Party Payment Services Provider’s terms and conditions which will be available, by hyperlink, to review during Company’s application process”

• Kyc due diligence Report an error

  “the respective Payhawk Payment Services Provider is obliged to identify Company, including its ultimate beneficial owners (UBOs), Administrator(s) and, to the extent applicable, certain other Users, as may be required by Applicable Law”

• Automatic renewal Report an error

  “After the expiration of the Initial Subscription Period, the Framework Agreement shall be automatically renewed for successive Renewal Periods in accordance with the Pricing Schedule”

• Collection costs Report an error

  “Company is responsible for all costs and expenses that we incur collecting amounts owed by you to us but not paid when due, including third party collector’s fees, legal fees and any interest at the maximum rate permitted under Applicable Law”

• Bacs direct debit Report an error

  “Company shall, upon our request, set up (and maintain throughout the term of the Framework Agreement) with its bank a Direct Debit instruction (or equivalent) to authorise us to directly debit from Company's bank account(s) through the use of Bankers’ Automated Clearing Services (“BACS”) or other networks, including Faster Payments Services (“Faster Payments”)”

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