Terms & Conditions
General Terms and Conditions of Sitto Payments for Payment Processing.
Version 1 · November 2023
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1. Scope
These General Terms and Conditions (hereinafter referred to as the “Terms & Conditions”) constitute a legal agreement between the contracting partner (or customer) and Sitto Payments. They form an integral part of the agreements governing the use of our software, hardware, applications, e-commerce solutions, and the agreed products and services. By using Sitto Payments products and services, the customer accepts these Terms & Conditions.
We therefore ask our customers to read these Terms & Conditions carefully. If you have any questions or require clarification, please contact Sitto Payments at [email protected].
2. Contracting Partner
2.1 Information and Documents
The contracting partner is required to submit the information and documents necessary for identification. The required information may include, but is not limited to, the company name, address, contact person, email address, telephone number, turnover figures, industry classification (for example, a NOGA code), authorised employees, and other relevant company information. Please note that not all industries and business models are supported.
Sitto Payments reserves the right to decline a business relationship.
The required documents may include, but are not limited to, an extract from the Commercial Register, a copy of the identification document of the owner or controlling person, bank account information, and additional documents required for specific cases, such as licences for regulated industries. The contracting partner agrees to enter all information correctly in the acquirer portal and to notify Sitto Payments immediately in writing of any changes.
2.2 Changes to Information and Documents
If any of the submitted information or documents change, the customer must notify Sitto Payments in writing, without being requested to do so and without delay. This includes changes of registered address, changes to the company’s legal form, changes to the company name, and material changes concerning the owner or controlling person so that the relevant person can be identified.
If such changes result in an increased risk for Sitto Payments, for example due to a high-risk industry or business model, Sitto Payments is entitled to suspend the agreed products and services and terminate the agreement with immediate effect. The payment terminal may not be transferred to a new owner, a new controlling person, or any third party.
2.3 Changes in Creditworthiness
If the contracting partner’s creditworthiness deteriorates materially or bankruptcy proceedings are initiated, the contracting partner must notify Sitto Payments immediately. Sitto Payments reserves the right to adjust settlement periods or terminate the agreement with immediate effect.
2.4 Data Protection
Data protection provisions are governed by applicable Swiss law and apply to the processing of data for business purposes. Sitto Payments undertakes to process data carefully and to protect it against access by third parties or unauthorised persons.
3. Acquirer
An acquirer is a financial services provider that processes credit and debit card payments on behalf of a merchant. The acquirer enables merchants to accept card payments from card-issuing banks.
Adyen N.V., Simon Carmiggeltstraat 6, 1011 DJ Amsterdam (www.adyen.com), acts as a partner of Sitto Payments and processes credit and debit card payments as the acquirer.
All payment transactions submitted through Sitto Payments terminals are authorised, processed, and settled by Adyen. Balances from credit and debit card transactions are also paid out by Adyen. The agreed fees are deducted before the remaining balance is transferred to the contracting partner’s account. The frequency of payouts is agreed individually. Foreign currency conversions are subject to the exchange rates specified by the acquirer.
Transactions and fees are available for review in the portal.
The contracting partner also agrees to be bound by Adyen’s General Terms and Conditions for Platforms.
The acquirer reserves the right to suspend or terminate the agreed products and services with immediate effect if the information provided is incomplete or incorrect, or if registration or verification requirements are not met.
The same applies if the contracting partner violates laws or regulations applicable to the use of the products and services, or if the acquirer has reason to believe that the contracting partner is involved in fraudulent activity, money laundering, terrorist financing, other criminal activity, or operates in a high-risk industry.
The list of prohibited products and services is available in Adyen’s Prohibited and Restricted Products and Services.
Sitto Payments assumes no responsibility for the processing of credit or debit card payments or for the payout of balances.
4. POS Payment Terminal
4.1 Definition of a POS Payment Terminal
A POS payment terminal is an electronic payment device used in commerce that processes debit and credit cards and enables cashless payments. The acquirer is responsible for operating the software of the terminal.
4.2 Delivery of the POS Payment Terminal
Delivery dates stated in the agreement are provided as guidelines only and are not binding. In the event of a delivery delay, Sitto Payments will inform the contracting partner without delay. If the terminals are not delivered within one month of the agreed delivery date due to fault on the part of Sitto Payments, the contracting partner may withdraw from the agreement.
Sitto Payments accepts no liability for delivery delays caused by terminal manufacturers or other third parties. Sitto Payments is responsible for delivering the terminals to the location specified in the agreement. The risk of damage to or loss of the terminals passes to the contracting partner upon receipt.
4.3 Inspection of the POS Payment Terminal
The contracting partner must inspect the functionality and condition of the delivered terminals within 10 days of receipt and notify Sitto Payments in writing of any defects identified during this period. If no notice of defects is submitted within this period, the terminals are deemed to have been accepted in proper condition.
Defects caused by material or manufacturing faults that occur within two months of delivery must be reported immediately. Within this period, Sitto Payments will, at its sole discretion, either repair defective terminals or replace them. There is no entitlement to compensation for losses resulting from the failure or defect of a terminal.
Defects caused by incorrect installation, improper use, or manipulation of the device are not covered by the warranty.
4.4 Repairs to the POS Payment Terminal
Any defects affecting the terminals must be reported to Sitto Payments immediately. Sitto Payments has sole discretion to determine whether defective parts can be replaced or whether the entire terminal must be replaced. The contracting partner is not entitled to compensation from Sitto Payments for losses resulting from the failure or defect of a terminal.
4.5 Services and Fees
In addition to delivery and installation of the terminals, the service includes email support at [email protected] throughout the term of the agreement. The service fee also covers the SIM card installed in the terminal, applicable GPRS charges, and ongoing terminal software updates.
If the terminal experiences a software or hardware defect, it will be replaced. Damage to the hardware caused by negligence, such as a cracked display or damage caused by dropping the terminal, is not covered. The cost of repairing or replacing such a terminal will be charged to the contracting partner.
The service fee is invoiced annually and must be paid within 10 days of the invoice date. The contracting partner may agree with Sitto Payments that the service fee is deducted directly from the available balance.
4.6 General Duty of Care of the Contracting Partner
The contracting partner must ensure that terminals are operated only by authorised persons and that no manipulation of the device or abusive or fraudulent transactions occur. Staff must be trained so that they can operate the terminal and recognise and prevent abusive or fraudulent transactions.
4.7 Fees
Fees for processed transactions are agreed separately and are specified in the offer accepted by the contracting partner. The fees are deducted as part of transaction settlement.
Sitto Payments reserves the right to adjust the fees, provided that the contracting partner is informed in writing at least 30 days in advance.
4.8 Reserves
Sitto Payments and the contracting partner may agree that a reserve amount is established as security. The reserve amount will correspond to the amount Sitto Payments considers appropriate, at its own discretion, to cover expected fees, chargebacks, or anticipated liabilities. Sitto Payments is entitled to charge the reserve for any fees, chargebacks, or anticipated liabilities that are not otherwise covered.
Sitto Payments also reserves the right to retain the reserve amount for up to 90 days following termination of the agreement or until all outstanding liabilities have been paid.
5. Rental of the POS Payment Terminal
5.1 Subject Matter of the Agreement
Sitto Payments, as landlord, provides terminals to the contracting partner, as tenant, in return for payment of a monthly rental fee. By signing the agreement, a rental agreement for the terminal is concluded. The rented equipment remains the property of Sitto Payments at all times.
5.2 Rental Period of the POS Payment Terminal
The terminal rental agreement is concluded for a minimum term of 36 months. After this minimum term, the agreement may be terminated in writing with three months’ notice to the end of any month. If rental payments remain outstanding, Sitto Payments has the right to suspend the agreed products and services, terminate the agreement with immediate effect, and reclaim the terminal.
In the event of early termination, the tenant must pay a flat-rate processing and administration fee of CHF 150 per terminal, plus the full rental fees due for the remaining period of the 36-month minimum term.
5.3 Payment Terms for Rental of the POS Payment Terminal
The agreed rental fees are payable monthly in advance on the first day of each month. The rental fee is deducted by Sitto Payments from turnover through the acquirer, Adyen. The first rental payment becomes due 10 days after installation.
If the tenant is in arrears, a reminder fee of CHF 5 applies to the first reminder and CHF 20 to the second reminder. If a terminal is suspended due to late payment, a reactivation fee of CHF 50 applies.
5.4 Delivery, Installation, and Return of the POS Payment Terminal
The terminal is delivered by courier or, for an additional fee, by Sitto Payments onsite. Installation, including activation and configuration of the terminal, is carried out by Sitto Payments. Sitto Payments also provides instructions for operating the terminal.
The rented equipment must be returned complete and in a properly cleaned condition. If rented equipment is returned uncleaned, damaged, or incomplete, Sitto Payments is entitled to charge the tenant for the actual cost of repair, cleaning, and missing items, such as a charger.
5.5 Duty of Care
The tenant may use the terminals only for the contractually agreed purpose and exclusively for its own use. The rented equipment must be handled with appropriate care, cleaned regularly, and insured by the tenant at the tenant’s own expense against damage or loss.
6. Purchase of the POS Payment Terminal
6.1 Subject Matter of the Agreement
Sitto Payments, as seller, sells terminals to the contracting partner, as buyer, in return for payment of the agreed purchase price. By signing the agreement, a purchase agreement for the terminals is concluded.
6.2 Payment Terms for Purchase of the POS Payment Terminal
The agreed purchase price must be paid within 10 days of the invoice date. If the contracting partner is in arrears, a reminder fee of CHF 5 applies to the first reminder and CHF 20 to the second reminder. If a terminal is suspended due to late payment, a reactivation fee of CHF 50 applies. All delivered goods remain the property of Sitto Payments until the purchase price has been paid in full.
6.3 Delivery and Installation of the POS Payment Terminal
The terminal is delivered by courier or, for an additional fee, by Sitto Payments onsite. Installation, including activation and configuration of the terminal, is carried out by Sitto Payments. Sitto Payments also provides instructions for operating the terminal.
7. Warranty Insurance
The terminals are covered by a 24-month manufacturer’s warranty. After this period, additional insurance may be arranged with Sitto Payments. The insurance fee is payable annually.
8. Final Provisions
The place of performance and place of jurisdiction is the registered office of Sitto Payments. Swiss law applies.