These general terms and conditions have been translated from German to facilitate access and understanding. Please note that in the event of any discrepancies or ambiguities between the German version and the translation, only the original German version is legally binding and authoritative. The German version of these general terms and conditions can be found here: https://accept.credibill.ch/de/term/.
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1.1 These general terms and conditions (the GTC) apply between Finviu AG, Sumpfstrasse 32, 6312 Steinhausen, Switzerland (Finviu) and its users with regard to the CrediBill Accept online payment service.
1.2 CrediBill Accept is available as a website (https://www.accept.credibill.ch).
1.3 The GTC must be accepted by users during registration on CrediBill Accept. The contract between Finviu and the user is concluded upon acceptance of the GTC.
1.4 CrediBill Accept is only available to private individuals and companies of legal age who are legally resident or domiciled in Switzerland, the European Union (EU) or the European Economic Area (EEA). All other persons may not use CrediBill Accept.
1.5 Finviu may amend these GTC at any time. Changes will be communicated to users in CrediBill Accept at least 30 days before they come into effect. If the user does not wish to accept the changes, he may terminate the contractual relationship with immediate effect in writing (including by e-mail) (see section 7.2). In this case, the user's user account will be closed and the user will lose access to CrediBill Accept.
2.1 The use of CrediBill Accept requires the user to register. This must be done on the website or app. To register, the user must provide the following information:
(a) Full first name and surname (as shown on the identification document) or full company name
(b) Residential address or company address, incl. country
(c) Nationality (private individuals)
(d) Date of birth (private individuals)
(e) Gender (private individuals)
(f) Mobile number or telephone number
(g) E-mail address
(h) Personal password. The password must consist of at least eight characters, contain at least one upper case letter, at least one lower case letter and a number or symbol.
2.2 After registration, the User can log in to CrediBill Accept using his e-mail address and personal password.
2.3 Finviu reserves the right to refuse the registration of users without giving reasons and to exclude users from using CrediBill Accept for a certain period of time or permanently. Finviu is entitled to these rights in particular if:
(a) there are reasonable indications of unauthorized or improper use of CrediBill Accept; or
(b) the user fails to comply with its obligations under these GTC, in particular its duty of care pursuant to section 5; or
(c) Finviu is requested by a court, a public authority (including a law enforcement agency) or a credit card issuer to block the account; or
(d) Finviu has reason to believe that a user is in breach of applicable law or regulations; or
(e) Finviu has reason to believe that a user is involved in fraudulent activities, money laundering, terrorist financing or other criminal or illegal activities.
2.4 Registration pursuant to this Section 2 is free of charge for the customer.
3.1 With CrediBill Accept, billers can have invoices for goods and services paid by the user by credit card. Finviu acts as the biller's agent and is responsible for collecting the invoice.
3.2 The biller first generates a payment link that can be shared with the user. The invoice recipient can use this link to pay the invoice amount to Finviu by credit card. Finviu then forwards this amount to the biller by bank transfer.
3.3 The following requirements must be met for a payment to be executed with CrediBill Accept:
(a) The user has a credit card in his name whose issuer is based in Switzerland or the European Economic Area. The user may only use credit cards in his name for payments on CrediBill Accept. CrediBill Accept accepts Mastercard, Visa and American Express credit cards.
(b) The amount available on the credit card is sufficient to pay the invoice plus the service fee (see section 3.4).
(c) In order to make a payment, the user must correctly comply with the security measures of the credit card issuer, such as VISA 3-D Secure, Mastercard SecureCode or American Express SafeKey.
3.4 By confirming the payment, the user authorizes Finviu to charge the user's credit card as follows
(a) the amount of the invoice paid via CrediBill Accept; and
(b) a fee for the service provided by Finviu (the service fee).
3.5 The Service Fee is displayed to the user in CrediBill Accept before the payment is confirmed. By confirming the payment, the user undertakes to pay the Service Fee to Finviu.
3.6 Finviu may change the service fee over time at its own discretion. Such changes only apply to the future. Payments already made in CrediBill Accept will always be settled at the service fee applicable at the time of their confirmation.
3.7 Finviu shall transfer the invoice amount to the biller by bank transfer within a reasonable period of time, in any case within 60 days. Finviu shall endeavor to ensure that the invoiced amount reaches the invoicing party within two bank working days. However, this deadline cannot be guaranteed and Finviu cannot be held liable if the transfer is delayed and takes more than two bank working days. Delays in the transfer may be caused by, among other things
(a) Processing by the recipient bank to credit the invoice amount to the biller's recipient account;
(b) processing by Finviu's bank to transfer the invoice amount; or
(c) Finviu's verification processes to check the payment.
In any case, the user remains solely responsible for the timely payment of an invoice to the invoice issuer.
3.8 If the transfer of the invoice amount to the invoice issuer fails, Finviu shall credit the invoice amount to the user's credit card within a reasonable period of time, but no later than 60 days. If Finviu is not responsible for the failure of the transfer, the service fee will not be refunded in such cases and the user is not entitled to reclaim it from Finviu.
3.9 The issuers of the user's credit card may charge their own fees for payment via CrediBill Accept and charge them to the credit card. Finviu has no influence over this and the user is not entitled to reclaim such third-party fees from Finviu.
3.10 Under certain circumstances, the user may be entitled to a chargeback or refund of the invoice amount paid by contacting the credit card issuer. However, the user assures Finviu that he will only exercise this right if
(a) Finviu has breached these GTC; or
(b) there is an unauthorized use of the user's credit card.
The user may not exercise this right to a chargeback or refund for any other reason. In particular, the user may not exercise this right in the event of disputes with the biller. Finviu is entitled at any time to check a chargeback or refund for compliance with this clause by the user. If this review reveals that the user should not have exercised the right to a chargeback or refund, the user shall owe Finviu a reasonable fee for the review. This fee may be charged to the user's credit card.
4.1 Finviu is not the contractual partner of the user with regard to the delivery of goods or the provision of services paid for via CrediBill Accept. The sole contractual partner in this respect is and remains the supplier of the goods or provider of the service.
4.2 Finviu does not assume any warranty or liability for the delivery of the goods or provision of the service. The user must exercise all rights with regard to the goods and services vis-à-vis the supplier of the goods or provider of the service himself. Likewise, the supplier of goods or service provider is solely responsible for handling any complaints made by the user and for any full or partial repayment of the invoice amount.
4.3 Finviu does not represent the interests of the user vis-à-vis the supplier of goods or service provider, nor does it provide services in connection with the settlement of disputes between the user and these persons.
5.1 The user must carefully check the information entered for completeness and accuracy. Executed payments cannot be reversed by Finviu.
5.2 The user is responsible for regularly checking the transaction history in CrediBill Accept and contacting Finviu's support team if the user has any concerns or notices any irregularities.
5.3 The user is solely responsible at his own expense for:
(a) installing and updating CrediBill Accept on their computer or smartphone;
(b) the access of his computer or smartphone to the Internet; and
(c) installing and updating operating systems, web browsers and security software (e.g. virus protection) on their computer or smartphone.
5.4 The user may not use passwords consisting of easily identifiable combinations (such as names, telephone numbers, dates of birth, license plate numbers, etc.). The password must consist of at least eight characters, contain at least one upper case letter, at least one lower case letter and a number or symbol.
5.5 The user must keep all means of identification, in particular passwords and credit card data (including means of identification for security measures such as VISA 3-D Secure, Mastercard SecureCode or American Express SafeKey), secret and protect them against misuse by unauthorized persons. In particular, he may not store them unprotected on a terminal device or hand them over or make them accessible to third parties.
5.6 Only the user is authorized to use CrediBill Accept and to use it to pay invoices. Use by third parties is not permitted.
5.7 If there is reason to fear that third parties have gained knowledge of a means of identification, in particular a password, the user must change or change the corresponding means of identification immediately. If this is not possible, the User must immediately block access to CrediBill Accept by notifying the Finviu support team.
5.8 The User shall bear all risks arising from the use - including misuse - of means of identification, in particular passwords.
5.9 The user acknowledges that Finviu will execute all payments that are confirmed after login to CrediBill Accept using the correct combination of e-mail address and password in CrediBill Accept. This applies regardless of whether the payment has been authorized by the user or not. Finviu cannot reverse executed payment orders, even if they have been abused. The User therefore unconditionally acknowledges all payment orders executed on CrediBill Accept using the User's means of identification.
5.10 The User is aware that Finviu cannot guarantee uninterrupted operation of CrediBill Accept. Where possible, planned system interruptions of CrediBill Accept (such as maintenance intervals) will take place at off-peak times and will be announced in CrediBill Accept. However, Finviu is entitled to interrupt the operation of CrediBill Accept at any time if this appears appropriate for technical or other reasons.
6.1 Finviu shall not be liable for any indirect or consequential damages. In particular, Finviu's liability for damages is excluded:
(a) as a result of late or non-payment of invoices that the user has entered for payment in CrediBill Accept (excluded is, for example, liability for default interest, reminder fees and debt collection and other legal costs charged to the user by the biller);
(b) as a result of disruptions to the communication networks, such as transmission errors, technical defects in the network infrastructure, Internet disruptions, unlawful interference in the communication networks or overloading of the communication networks;
(c) as a result of malfunctions or interruptions to the user's end device (computer or smartphone);
(d) as a result of malfunctions or interruptions of CrediBill Accept or the unavailability of CrediBill Accept, provided that Finviu has exercised the usual care;
(e) as a result of computer viruses or other malware; and
(f) as a result of force majeure events or events beyond Finviu's control, improper use of CrediBill Accept or external environmental influences.
6.2 Finviu's liability for the User's loss of profit and for claims asserted against the User by third parties, including the biller, is also excluded.
6.3 Insofar as liability is not excluded in accordance with section 6.1 or 6.2 or cannot be excluded by law, Finviu's liability shall be limited to the amount of all service fees (see section 3.4(b)) paid to Finviu by the user in the six-month period prior to the damaging event.
6.4 The exclusion and limitation of liability in this clause 6:
(a) also include acts and omissions of Finviu's employees, agents and other auxiliary persons (liability of auxiliary persons, Art. 101 CO, and principal's liability, Art. 55 CO); and
(b) apply only to the extent that it is legally permissible to limit or exclude liability.
7.1 The contract between Finviu and the user is concluded for an indefinite period of time.
7.2 Finviu and the user may terminate the contract at any time in writing, including by e-mail, without stating reasons. Any termination by the user must be addressed to Finviu's support team.
7.3 Upon termination of the contract, the user's user account will be closed and the user will lose access to CrediBill Accept.
7.4 Payments made prior to the termination of the Agreement shall remain unaffected by the termination. The User shall owe the service fee for such payment orders even after termination of the contract. The user also remains responsible for all obligations entered into before the account was closed.
8.1 With regard to Finviu's handling of personal data and data protection, the privacy policy applies, which can be accessed via the following link: https://www.accept.credibill.ch/privacy .
8.2 All copyrights and other intellectual property rights to CrediBill Accept are the exclusive property of Finviu and its licensors.
8.3 Deviations from these GTC are only valid if they have been agreed in writing between Finviu and the user.
8.4 Swiss law shall apply to the contract between Finviu and the User, to the GTC and to the payment orders. The application of the United Nations Convention on Contracts for the International Sale of Goods (Vienna Sales Convention) is excluded. This choice of law applies irrespective of the legal basis for all claims arising from or in connection with this contract, in particular for claims arising from contract, tort and unjust enrichment.
8.5 Any disputes arising from or in connection with the contract between Finviu and the user, the GTC and/or the payment orders shall be subject to the exclusive jurisdiction of the ordinary courts at Finviu's domicile. This place of jurisdiction applies irrespective of the legal basis for all claims arising from or in connection with this contract, in particular for claims arising from contract, tort and unjust enrichment. Mandatory jurisdictions in favor of consumers (such as Art. 32 ZPO) remain reserved in any case.