This Terms of Service for Checkout and Split-Payment (this “Agreement”) between Dintero AS, corporate identity number 919656395, and Customer.
This Agreement is effective as the date you click the “I Accept” button below or, if applicable, the date the Agreement is countersigned (the “Effective Date”). If you are accepting on behalf of your employer or another entity, you represent and warrant that: (i) you have full legal authority to bind your employer, or the applicable entity, to these terms and conditions; (ii) you have read and understand this Agreement; and (iii) you agree, on behalf of the party that you represent, to this Agreement. If you don’t have the legal authority to bind your employer or the applicable entity, please do not click the “I Accept” button below (or, if applicable, do not sign this Agreement). By entering into this Terms of Service, you also accept terms Acquirers based on what Payment method you want to enable in Dintero Checkout.
This Terms of Service covers Dintero Checkout and Dintero Split-payment services. For other Dintero Services, please contact Dintero for a separate agreement.
Dintero provides a wide range of services and shall enable and streamline payments and insight-based loyalty for companies that sell goods, services and / or content in stores, on the Internet and via other electronic environments and / or conduct other distance selling.
The customer delivers a Trading Place for the sale of goods, services and / or content in store and / or on the Internet as well as other electronic environments.
The Parties (“Parties”) have decided that Dintero on behalf of the Customer should process and administer services for the Customer in the manner described in the Agreement.
2. Document and priority
This Agreement shall commence the Effective Date and shall continue in full force and effect for a period corresponding with the chosen subscription model. If no termination date or termination period is agreed between Parties.
If the agreement should contain mutually conflicting terms, Dintero terms take precedence, and then the relevant Terms of Service.
The terms below apply to the entire Agreement.
“Administration Interface” - see “Backoffice”.
“Agreement” - This document.
“Charge” - Confirmation of the MErchant that delivery of a product has taken place or that a service has been provided to End Customer.
"Backoffice" - Web interface that, among other things, enables the Customer to see payments, disbursements, set up services and make technical integrations. The customer can see the status of payments made and, if necessary, initiate Credits, in addition to many other options.
"Payment method” - One of the ways to pay for goods, services or content that is regulated in the relevant of Service. It can be to pay with Vipps, invoice or card.
“Payment portal” - see “Backoffice”.
“Trading place” - Store or website where the Customer delivers goods, services and / or content from the End Customer.
“Merchant” - See “Customer”.
“Acquirer” - Swedbank Pay, Bambora, Collector, Vipps, Instabank, Santander, bank or other player approved by Dintero with whom the Customer and / or Dintero enters into an agreement on a certain Payment Service such as redemption of card transactions.
“Customer” - A natural or legal person who sells goods, services and / or content on his Trading Place, and with whom Dintero has entered into an Agreement.
“Personal information” - Personal information as the term is defined in the local law in force at any given time.
"Protocol" - When used in Agreement, a "protocol" is a formal set of conventions that govern the format and control of interaction between communicating functional entities that are often used within an industry and that may or may not be adopted through a standardization body. Examples of protocols are Secure Sockets Layer (SSL) and Transport Layer Security (TLS).
“Products” - see Services.
“End customer” - The customer's customer who enters into an agreement at Merchant
“Technical description” - The documentation provided by Dintero to determine the programming interface etc., and which enables the Customer to communicate with Dintero.
"The Service" - The functions that have been agreed between the Parties through one or more Service Agreements.
“Service Description” - The documentation provided by Dintero to describe the Service (s).
“Transactions” - A payment transaction made with a Payment Method
4. The Service
The services consist of:
- Checkout API, Checkout frontend and Backoffice for managing payments between Trading Place and Payment Methods
- Settlement from the Acquirer or Dintero if Payout from Dintero is enabled
Dintero provides the Checkout (frontend) to the End Customer where End Customers can add the required information to make a payment. Checkout API is used from the Merchant or Trading Place to both initiate payments and to manage payments.
Settlement is done by the Acquirer if not Dintero Payout is enabled for the merchant. The Acquirer or Dintero can be paused or stopped if:
a) Acquirer or Dintero has the reason to believe that a Payment may be subject to a complaint or claim, may be deemed to be fraudulent, or
b) there are otherwise circumstances required and investigations, or
c) The Merchant’s credit rating has deteriorated and the Merchant's ability to pay is reduced in the reasonable opinion of Dintero
Service requirements, Limitations and Restrictions
You must not use Services in a lawful manner, and must obey all laws, rules and regulations applicable to your use of the Services and to Transactions. You may not use Dintero Services to enable any person (including you) to benefit from any activities Dintero has identified as Restricted or Activities. Please review the list in the link before registering or opening an Dintero account:
We may refuse or suspend any Services and Transactions that we believe
a. may violate this Agreement or other agreements you may have with Dintero
b. are unauthorized, fraudulent or illegal
If we suspect or know that you are using or have used Dintero Services for unauthorized, fraudulent or illegal purposes, we may share any information related to such activity with the appropriate financial institution, regulatory authority, or law enforcement.
Technical equipment, tests and routines
Unless otherwise stated in the Agreement, the Customer shall be responsible for the technical equipment and software required for the Customer to be able to conduct sales on the Trading Place.
Dintero will provide Technical Description and Backoffice for implementation to be able to use Dintero's services. In such cases, the Customer is responsible for implementing Dintero's services in accordance with the Technical Description, so that transactions are transferred to Dintero for further processing in accordance with the Agreement and the guidelines set by the acquirer.
The customer is responsible for implementing updates in the Technical Description so that they are in accordance with rules and regulations.
Before the Services are put into production, the Customer should, in consultation with Dintero, perform the necessary tests.
Through the Agreement, the Customer gets access to agreed Services. Dintero provides a Technical Description that enables the Merchant to communicate with and / or transfer data to Dintero's system.
The Customer shall not offer End Customers goods, services or content that in themselves may pose a risk to operation or stability in relation to Dintero's services. The Customer shall also not conduct its business in ways that may pose a risk to the operation and / or stability of the Payment/ existing Payment Services.
The Customer is obliged to protect their systems, including but not limited to the storage of passwords in a secure manner and to protect their systems against unauthorized access.
The Customer is obliged to have an SSL certificate when communicating with Dinteros systems.
The application interface and Dintero services are protected with SSL.
Dintero is responsible for ensuring that Dintero Backoffice meets the security requirements set by the relevant payer. The customer is not responsible for the security of Dintero Backoffice. Neither Party is responsible for the security of the Acquirer system.
Dintero is not responsible for the security of the Customer's Trading Place.
Dintero is not liable for damages arising from transactions that have been unduly altered through the decryption of encrypted messages during the transfer between Trading Place and/or Customers systems and Dintero.
5. Obligations of the Merchant
The Merchant is responsible for ensuring that sensitive information, such as login information, API keys, passwords, certificates and the like, are used and handled in a secure manner and are kept secret. If Dintero issues instructions concerning a change/revision, the Merchant must comply with such Instructions as soon as possible but no later than within thirty (30) days.
The merchant shall only charge the End Customer and make a Charge when goods or services purchased have been handed over to an independent third party for delivery, delivered to the End customer or if otherwise permitted by applicable law.
The merchant is responsible for ensuring that the integration of the Service complies with PCI DSS. The Merchant shall not store or transmit any card data like card number or security code and other sensitive Data under any circumstances. The Merchant is responsible for all losses and damages that may arise due to fraud related to Payments.
Requirement to the Trading place (merchants website)
The Trading Place must contain the following information which is minimum requirements:
- The Merchant name, company registration number, address and country.
- Contact information where End Customer can reach the Merchants Customer service, at least providing email address and telephone number.
- Description of the goods/services that Merchant sells, including price, taxes and fees.
- Terms and Conditions, including End Customers right to withdrawal, delivery, payment terms and shipping cost.
- A button for approval of the order/purchase or other form for confirmation on the Trading Place, showing that the End Customer has approved Trading Place´s terms and conditions.
- Transaction currency (for example NOK)
- Any export restrictions
- Information about how personal information is processed
- Information on how Data are processed and protected
The End Customer is entitled to receive a receipt for each payment. The receipt must comply with the applicable law and at the minimum contain the following information:
- The name and address of the Merchant
- Date of Purchase
- The last four digits of the card number if the Payment method is Card.
- Dintero transaction ID
- The delivery address
Prevention of the money laundering or terrorist financing
Dintero and Acquirer is subject to statutory law to take certain customer due diligence measures to preventing use of financial systems for the purpose of money laundring or terrorist financing. As part of the due diligence measures Dintero is obligated to verify the identity of the Merchants as and the Merchants beneficial owners. The Merchant shall provide Dintero the information, documentation etc. necessary for Dintero to comply with its due diligence obligations and shall in good faith cooperate with Dintero in that respect.
Dintero and Acquirers reserves the right to perform a risk assessment of the Merchant at any time, including by obtaining credit information relating to the Merchant and its owners, board members, management and authorized signatories a, adn by requesting the disclosure of financial statements and other information required to order to perform an assessment of the Merchants creditworthiness and risk profile. This information may include documentation of necessary licenses as well as information about revenue related to prepayments.
The Merchant is obligated to inform its owners, board members, management and authorized signatories that they may be including in the risk assessment of the Merchant.
If, on the basis of the risk assessment, Dintero deems it necessary to to do so, Dintero or Acquirer may, with immediate effect:
- Demand a bank guarantee or other type of guarantee
- Withhold the Merchants settlement/Payout in whole or in part
- Extend the settlement period for all or parts of the Merchants revenue
- Establish a risk and/or chargeback fee that the Merchant will be required to pay
- Amend or terminate the Agreement in accordance with section Term and Termination.
As part of the ongoing risk assessment, Dintero or Acquirer or a representative may conduct an unannounced physical inspection of the Trading Place or Merchants premises to the extent they are relevant to this Agreement, which may include a security assessment and/or a general assessment covering servers and stored data, Stock (if any), internal process or Compliance with all security requirements imposed pursuant to this Agreement.
The Merchant shall also on a continuous basis and within two (2) working days after receiving a request from Dintero, provide Dintero with information related to the Transactions, such as documentation concerning the delivery, terms of contract, receipts, etc for individual Transactions.
Changes in the Merchant’s circumstances
The Merchant must immediately inform Dintero in writing of any change in the circumstances reported to Dintero or Acquirer with the application for the Agreement or as stated in the Agreement Form itself, including with respect to the changes in:
- Control of the Merchant
- The ownership of 25% (twenty-five percent) or more of the Merchant or Merchants share capital.
- The Merchant’s management (including Board of Directors, management and general manager) as well as authorised signatories.
- The Merchant’s corporation form (e.g a change from a sole proprietorship to a private limited company)
- Address, telephone number, website address (URL)
- E-mail address
- Bank account number
- The documentation or information provided for customer due diligence
In addition, the Merchant must inform Dintero if the Merchant makes significant changes to its product range or its payment and delivery conditions, e.g. use of prepayment, or if its anticipates significantly increased sales
Furthermore, the Merchant shall inform Dintero of events that may be expected to affect, all or part of the cooperation pursuant to this Agreement. It is of particular importance that all planned changes to the Merchants eCommerce platform and/or computer systems which may in any way be regarded as affecting the cooperation, are notified to Dintero in sufficient time prior to the change commencing.
Changes in accordance with this section may result in a new risk assessment and/or a requirement that a new Agreement must be entered into with Dintero or Acquirer.
Any change to the settlement account must be documented in writing in form of a confirmation from the bank/submission of account statements, and must be signed by an authorized signatory or person holding the power of attorney in accordance with the rules governing powers to bind the Merchant.
6. The relationship between the merchant and the end-customer
The Merchant is liable to the End Customer for all defects and deviations in the goods and services sold concerning the quality, condition and design/execution, as well as missing or inadequate delivery of goods/services to the End Customer or another party which the End Customer may have designated.
The Merchant is responsible for the claims from the End Customer relating to the product or service. Dintero shall not be involved in the claims.
A Party’s liability for deviation is specifically governed by the Agreement; however, what is stated about force majeure should be applicable. The Parties are not under any circumstances responsible for indirect losses and damages, including but not limited to business interruption, loss of data or loss of profits or sales, lost or reduced savings, loss or damage of data, costs of equipment, loss of existing or potential customer agreements. Dintero is not responsible for any losses, damages, errors, inconvenience, damage or delays attributable to the Merchant’s or third parties’ relationships, including interference on the internet.
8. Transactions responsibilities
i) You will accept payment for goods and/or services in a single Sales Transaction Receipt unless:
a) Partial payment is entered on the Sales Transaction Receipt and the balance of the Sales Transaction amounts are balanced out.
b) a Sales Transaction represents an advance deposit for a Sales Transaction completed in accordance with the Agreement and the Card Scheme Rules.
ii) You may not accept any payment representing a deposit or partial payment for goods and/ or services to be delivered in the future without Dinteros knowledge and consent and the payment being identifiable as a deposit.
iii) You may not present any settlement requests for Sales Transactions through Dintero, or to your acquirer, that represents or relates to the sale of goods and/or services for future delivery unless this is done in agreement with Dintero and your acquirer.
iv) You will not present, process or settle any transactions through Dintero or your acquirer that does not directly relate to a sales transaction between you and a cardholder, or any transaction you know or should know to be illegal, fraudulent or not authorized by the cardholder in question.
v) You will not present any Transaction representing the refinancing or transfer of an existing obligation of a Cardholder with the original transaction unsettled without resolving this issue with Dintero first.
Dintero has the right to check the company's compliance with this Agreement and guidelines for the use of Dintero, including by making unannounced checks of the company's premises. The company must comply with measures Dintero demands implemented to reduce fraud attempts and compliance with the Agreement. Dintero may terminate this Agreement if the proportion of attempted fraud or other objections is disproportionately high.
For using Walley products, you also need to follow their Fraud policy:
Dintero has the right to refund a Payment if the Customer does not fulfill its obligations in accordance with the Agreement and the End Customer and / or the Acquirer as a result of this makes a claim for a refund against Dintero. You must maintain and properly disclose to the Cardholder, at the time of the Sales Transaction and in accordance with the Card Scheme Rules, a fair policy for the return of goods or cancellation of services, including any limitation you have on accepting returned goods or the cancellation of services in accordance with local/norwegian laws.
i) In no event will you present a Refund that exceeds the amount of the original Sales Transaction.
ii) You will only make a Refund to the same card that the cardholder used for the purchase. Settling a dispute via bank transfers will happen at the merchants own risk.
iii) For merchants both operating instore and as ecommerce, you must not make a Refund with cash where the original Sales Transaction was made using a Card.
iv) You may never accept cash or other compensation for making a Refund to a Card.
v) The amount of each Refund represents a debt immediately due and payable by you to Dintero and/or your acquirer, irrespective of whether a demand is made upon you for the value of any Refund(s).
vi) Dintero may in its sole discretion refuse to accept any Refund processed through us.
Merchant is fully liable to Dintero for any amount of any and all Transactions returned to Dintero by our suppliers for whatever reason including Chargebacks (together with any Chargeback Costs) or other disputes regarding the validity of a Transaction, even where all the requirements of Transactions set out in Transaction Responsibilities have been complied with.
i) A Chargeback can occur for any reason set out in the Card Scheme Rules.
ii) Where a Chargeback is raised if we or any of our suppliers have not yet paid you for that Sales Transaction, we will not be required to do so; or if we have already paid you for that Sales Transaction, you must pay the value of that Sales Transaction back to us. This is also the case where you send details about a transaction to us, or our suppliers, which are not a Sales Transaction but which have been acquired by us or our supplier as a Sales Transaction.
iii) The amount of each Chargeback represents a debt immediately due and payable by you to us and/or our suppliers, irrespective of whether or not Dintero or our suppliers makes demands upon you for the value of any Chargebacks.
iv) Dintero shall notify you, to the extent permitted by the Laws, as soon as reasonably practicable, of any Chargebacks which have occurred or been incurred.
v) If you wish to dispute a Chargeback, you must prove to our reasonable satisfaction (or that of the relevant Issuer or Card Scheme) that the Sales Transaction was authorized by the Cardholder and provide us with any additional evidence that we or our suppliers require. Dintero shall not be obliged to investigate or challenge the validity of a Chargeback.
vi) You will not resubmit or reprocess any Sales Transaction that has been the subject of a Chargeback.
12. Prices and terms
Dintero compensation for services rendered is regulated in the current price list and / or agreed price. Dintero has the right to start debiting the Customer no later than one month after signing the Agreement.
During the current agreement period, Dintero shall have the right to make price adjustments to the extent that is motivated by the Acquirer or subcontractor's corresponding increase in its prices to Dintero.
For Customers who have entered into a Payout service and / or other Service, where Dintero do netto settlement after deducted Dintero fees, and in situations where Dintero cannot deduct the accrued fees before settlement, Dintero will invoice the Customer.
13. Term and termination
The agreement is valid from signing and as long as the parties have an ongoing agreement. The contract period is regulated in the contract.
A Party shall have the right by notice in writing to the other Party to terminate the entire Agreement or certain agreements immediately if:
(i) A party fails to pay, enters into liquidation, goes bankrupt or may otherwise be considered insolvent or
(ii) one Party commits a material breach of contract and
a) fails to implement corrections within thirty (30) days of the other Party having sent written notice of this to the Party who has been guilty of such breach of contract, or
b) correction is not possible.
Dintero shall also have the right to terminate the agreement prematurely if the existing Acquirer to the Customer terminates the agreement between him and the Customer, regardless of the reason for the termination. In that case, the Agreement shall terminate on the same day as the agreement between the Acquirer and the Customer terminates.
Dintero has the right, with immediate effect, to suspend part or all of its obligations under the Agreement ("Right to Stop") if there are reasonable grounds for believe that:
(i) the transactions mediated by or the business conducted by the Customer are unlawful;
(ii) Dintero becomes aware that the Customer is acting fraudulently,
(iii) unauthorized persons have gained access to or there are security deficiencies in the communications of Dintero, the Customer's, Acquirer or other computer system, and the security or trust in the services offered by Dintero may thus be exposed to risk,
(iv) it is reasonable to assume that the Customer will not have the opportunity or willingness to fulfill its obligations under the Agreement, or
(v) The customer fails to pay, announces injunction, goes bankrupt or in any other way may be considered insolvent.
(vi) The Customer has completely or partially breached or disregarded a not insignificant contract term in accordance with the Agreement,
(vii) The customer operates a business, or operates it in such a way that Dintero's reputation may be damaged
(viii) The customer does not pay claimed receivables. In such cases, Dintero has the right to cf. 10 to settle all outstanding receivables that Dintero has on the Customer, regardless of whether they are told or not, against paid-in funds from the End Customer.
(ix) The Customer's claim is incorrectly substantiated, disputed, doubtful, that the End Customer is not correctly identified, that unreasonable contract terms are enforced or equivalent.
If Dintero intends to exercise the right of stop in accordance with (i) - (ix) in the previous part, Dintero is obliged to immediately notify the Customer in writing. In the event of any of the circumstances specified in the fs over more than thirty (30) days after the right under (i) - (ix) in the previous part has been exercised, Dintero also has the right to terminate the Agreement before the time with immediate effect.
Payments that have arisen before the termination of this Agreement are covered, regardless of whether such Payments were processed by Dintero before or after the termination of the Agreement, by the rights and obligations that apply to such Payments.
Upon termination of the Agreement, each of the Parties shall immediately, at the request of the other Party, return all documentation about such systems and / or programs provided by the other Party.
Termination of the Agreement, for whatever reason, does not affect the rights and obligations that have arisen for the Party before termination; contract terms which expressly or implicitly shall continue to apply after the termination of the Agreement shall thus have unchanged validity after termination.
Dintero also has the right to terminate the Agreement with immediate effect;
- If Dintero service fee cannot be paid
- If the Customers activities, goods, and/or services or actions are viewed by Dintero to be damaging to the reputation, legislation and/or the Card Scheme Associations regulatory framework.
If the Customer engages an outside service agency to fully or partially fulfill its obligations under the Agreement, the Customer is responsible for the service agency's activities and employees in the same way as for its own business.
Dintero may engage a subcontractor to fulfill all or part of its obligations under this Agreement. Dintero is responsible for such a subcontractor in the same way as for its own business. If a subcontractor is used, Dintero has the right to have it invoiced to the Customer for any services performed by the subcontractor. In such cases, payment shall be made directly to the subcontractor.
Credit information companies that provide credit information to the Customer as a subcontractor to Dintero, are obliged to conduct their business in accordance with the regulations that apply to credit information activities at all times. The customer has e.g. only the right to order credit information if there is a legitimate interest, such as a request to act on credit. Credit checks are carried out in accordance with the credit template in force at any given time. If the Customer fails to comply with such regulations when using the credit information service within the framework of the Agreement, the Customer shall hold Dintero completely indemnified for damage caused by this
During the term of the Agreement and for a period of five years thereafter, each party undertakes not to disclose information to any third party regarding the other party’s activities which may be deemed business or professional secrets without the other party’s consent. Information which the party states to be confidential shall always be deemed to be a business or professional secret.
The confidentiality obligation does not include such information which a party can prove has come to its knowledge in other ways than via this Agreement, or which is in the public domain other than by the breach of this Agreement. Nor does the confidentiality obligation apply when a party is statutorily required to disclose the information.
A party shall ensure that confidentiality as set forth above is observed by obtaining confidentiality understandings from personnel, or other appropriate measures. Each party is responsible for ensuring that engaged sub-contractors, advisors, employees and others who have a legitimate right to receive the information, treat such information in accordance with these confidentiality obligations.
The Customer hereby authorizes Dintero to receive information on behalf of the Customer from a third party, for example the Acquirer, if the information is delivered to Dintero as part of Dintero's assignment to the Customer.
16. Intellectual property rights
16.1 Proprietary, copyright, patent or other intellectual property rights in systems and programs developed by a Party or a third party, provided by the Party, are owned by that Party. The Party shall return all documentation about such systems and programs to the other Party when the relevant Agreement terminates.
16.2 The Party is responsible for ensuring that the necessary rights to the system, program and other material provided by the Party are obtained from the affected right holders.
16.3 A Party is obliged at its own expense to defend and hold the other Party indemnified for losses and costs incurred by the injured Party as a result of a claim that a system, program and other material provided by the other Party infringes an outside patent, copyright, trademark or trade secrets, provided that the injured Party provides the other Party with (i) information about such claims and, upon request (ii) information and assistance to a reasonable extent.
16.4 If it turns out that there is a definite infringement, Dintero shall, to the extent possible and at its own choice, ensure that (i) receive rights for the Customer to continue to use the Service or the Products, or (ii) replace or change affected Service or product so that it / it no longer causes infringement. If Dintero, despite its efforts, can not guarantee the Customer the right to use relevant Services or Products, or replace or change them, Dintero has the right to terminate the affected part of the license in writing in accordance with the Agreement with a notice period of thirty (30 ) days.
16.5 Dintero is not responsible to the Customer for attempts at unauthorized access based on:
(i) use of Services or Products in combination with other equipment or other software not specified or recommended in writing by Dintero, if the claim could have been avoided without such use;
(ii) changes in one or more parts of Services or Products made by the Customer or any other third party, if the claim could have been avoided without such changes;
(iii) Customer fails to install repair programs or updates within the time specified in the Agreement, if the claim could have been avoided without such failure;
(iv) use of Services or Products in any way other than that specified in the Dintero instructions, if the claim could have been avoided without such use;
(v) requirements that Services or Products include the performance of protocols that are not owned or provided by Dintero or Dintero's subcontractor, and that constitute unauthorized access.
16.6 The ownership and related intellectual property rights to personal data (as defined in section 16) in registers kept and compiled for the performance of the Service belong to the Customer. Dintero shall return such registers to the Customer when the Agreement terminates.
17. Processing of Personal Data
When processing personal data, each of the parties undertakes to ensure that such processing complies with legislation, regulations and advice from supervisory authorities that are applicable to the parties at all times, e.g. the Privacy Regulation EU 2016/679.
Processing of personal information by the Customer's contact with Dintero via web form and registrations.
When the Customer contacts Dintero via the website, web screen and / or registrations within the framework for newsletters, sales or marketing, Dintero may collect the following information:
(i) Personal and contact information, such as name, social security number, invoice address, organization number, mobile phone number, e-mail and delivery address, etc.
(ii) Information about the use of our services, e.g. response time for websites and use of the Dintero website or registration tool.
(iii) Geographical information
(iv) Financial information, any credits and negative payment remarks
(v) Information about payments, such as invoice information
(vi) Details regarding the goods / services that Customer has purchased from Dintero as well as the customer's payment and credit history.
(vii) Device information such as language settings,IP address, browsers, time zone, platform, operating system and screen resolution.
The customer can change collected information at any time, such as contact information and other editable information. This can be done via Backoffice or by contacting Dintero.
The information collected is generally necessary in order to enter into a contractual relationship. As Dintero works digitally, for example, automatic decisions can be made based on such information collected.
Dintero will process the information as part of fulfilling the agreement or other legal interests. This may be to determine what other services Dintero may offer to Customer, to conduct customer satisfaction surveys, static surveys and communicate information and market the services that Customer uses and the services Dintero may offer Customer. The information collected is also used to implement, offer and improve Dintero's services.
If Customer does not want to receive such information, Customer has the right to waive all or part of such communication by contacting Dintero via firstname.lastname@example.org.
In order to fulfill its obligations under the agreement and to be able to monitor and protect any outstanding credit, Dintero will process names, address information and information on financial matters concerning natural persons who own or otherwise have decisive influence over the customer, such as the customer's board members. company designers and stakeholders. The said personal information is also registered for a natural person who has guaranteed the fulfillment of all or part of the agreement. Dintero further processes information such as names and contact information regarding contact persons at the customer.
The customer guarantees that affected persons are informed of, and have consented to, the processing of personal data.
At the request of the person concerned, Dintero publishes a register extract of the information that is processed about the person in question. If incorrect or misleading information is registered, Dintero will correct it.
You can find more information about the processing of personal data and contact information at https://www.dintero.com/legal/privacy-policy
Personal information when administering invoice receivables
The Customer is responsible for the processing of personal data that is processed within the framework of the Agreement. Dintero is the data processor for the Customer and the personal information that is processed on behalf of the Customer within the framework for the execution of the Agreement.
The Customer agrees that Dintero uses the personal information for the purpose of compiling statistics and to perform analysis, for example analyzing the correct progress in a possible debt collection process.
It may happen that Dintero within the framework for the execution of the Agreement is to be regarded as the data controller for personal data which Dintero processes within the framework of a specific Service Agreement and / or parts of processed personal data. To the extent that both the Customer and Dintero are responsible for the processing of personal data in accordance with applicable national laws on such processing, such as the Personal Data Act (LOV 2018-06-15 no. 38), the possible data controller undertakes to perform the processing in accordance with such laws. If the person responsible for processing hereby acts in breach of his obligations under the said laws, the Customer and Dintero who have committed the offense shall indemnify the other for the loss or damage suffered by the injured party as a result.
In its capacity as a data processor, Dintero undertakes to ensure that the processing of personal data takes place in accordance with applicable laws. Dintero hereby undertakes to only process personal data as specified in the relevant Agreement and the data controller's instructions.
When processing personal data, Dintero may, in order to fulfill all or part of its obligations under the Agreement, engage subcontractors both within and outside the EU / EEA area. Such a subcontractor may, within his assignment for Dintero, process personal data related to the Customer or End Customer.
In certain cases, Dintero will transfer personal data to subcontractors located in countries outside the EU / EEA area. Such transfers will only take place on the condition that there is a sufficient level of protection of personal data during the transfer, for example:
a) There is a decision from the EU Commission that the country outside the EU / EEA area ensures that they have a sufficient level of protection of personal data
b) There is no decision from the EU Commission that the country outside the EU / EEA area assures that they have an adequate level of protection of personal data, but Dintero provides a sufficient level of protection for the transfer by using binding corporate or standard contract clauses, which are published by the European Commission or other contractual terms approved by the European Commission or the competent authorities, or;
c) in connection with the transfer of personal data to the United States; that the subcontractor to whom the transfer takes place has entered into an agreement with and is approved by Privacy Shield
In the event that the Customer is responsible for processing personal data that Dintero processes as a data processor, within the framework of the Agreement, the Customer gives a general prior approval to Dintero to employ subcontractors both within and outside the EU / EEA, provided that an adequate level of protection is available for the transfer.
In the event that Dintero is the data processor, performs processing of personal data concerning the Customer or End Customer on behalf of the Customer, in its role as data controller, the handling shall be regulated through a data processor agreement.
It is specifically stated that the Customer as data controller, shall always be considered to have instructed Dintero in cases where Dintero processes personal data on behalf of the Customer as a data processor, to deliver the Service in such a way as defined in the Agreement and further that the Customer has specifically instructed and thus accepted that Dintero uses subcontractors both within and outside the EU / EEA area to fulfill all parts of its obligations, provided that a sufficient level of protection is available for the transfer.
In the use of the Agreement, "data controller", "data processor", "sufficient level of protection", "transfer" and "data processor agreement" shall be interpreted in the same way as corresponding terms in accordance with the Personal Data Act.
The Customer undertakes to inform its End Customer in an appropriate manner that payments made by the End Customer through the collaboration with Dintero are processed in a secure manner.
The customer is not entitled to make any changes or modifications to the Dintero logo.
The Customer gives Dintero consent for marketing purposes where Dintero can publish the Customer's logo under the heading "Dintero Customers" or similar on an existing website in Dintero or another company belonging to the Dintero Group.
19. Changes and additions
All written and oral obligations and / or promises that existed before the Agreement will be replaced by the content of this Agreement. Amendments to and additions to the Agreement shall be made (i) in writing, and (ii) signed by the appointed representative (s) of the Parties. Dintero is not obliged to make a change until the Parties have agreed in writing on the price and delivery time for the said change.
If the Customer during the term of the Agreement wants a change in the Service, the Customer must send a written request to Dintero. Said request shall contain an accurate description of the desired change.
Dintero shall, without unreasonable delay after receipt of proposed changes in accordance with the above, inform the Customer whether, in what way, within what time frame and at what price danger request / proposed change can be implemented and how the said change will affect the design and execution of the Service.
Dintero has, notwithstanding the previous part, the right to change terms in the Agreement or the design of the Service to the extent required by law, government decisions, changes in national or international regulations for payments, changes in third party (eg redemption) system or other similar circumstance.
Dintero also has the right in other cases besides those stated above, to change the design of the Service or the Agreement, if such change in Dintero's opinion will lead to an improvement or only insignificantly affect the said Service or Agreement.
Neither Party has the right to assign the Agreement without the written consent of the other Party. Dintero has the right to transfer the Agreement in whole or in part to another company in the Dintero Group.
21. Waiver of rights
If a Party completely or partially waives or is delayed in exercising any right or set-off in accordance with the Agreement or law, it shall not result in that Party being deemed to have waived such right or post-clearance and thus have lost its possibility to invoke the said right or post-clearance, unless the entitled Party agrees in writing to waive this. Notwithstanding the foregoing, a complaint shall be made within the time stated in section 12.
The Parties agree that a Party shall not engage in any activity that could harm the trust of any of the Parties or its trademarks, or that could be considered fraudulent.
The parties undertake to cooperate to a reasonable extent to prevent and investigate suspected criminal acts in connection with the Service. Each Party hereby undertakes to report actions to the other that may be suspected of constituting a breach or attempted breach and to provide documents as well as other written and oral information to the other Party that may facilitate the prevention and investigation of suspected criminal acts with affiliation with the Agreement.
Dintero's normal working hours are weekdays between kl. 09.00-17.00 (CET).
Should any of the provisions of an Agreement or any part thereof prove to be invalid, this will not result in the Agreement being invalid in its entirety. To the extent that the invalidity affects the Party's dividends or performance in accordance with the Agreement, adjustment shall be made to an appropriate degree.
Rules in the Financial Contracts Act (LOV-1999-06-25-46), § 2, which are not mandatory for customers who are not consumers are deviated from and do not apply between the Parties.
23. Dispute resolution
Disputes concerning the interpretation and application of the Agreement as well as all legal matters that arise as a result of this, shall first and foremost be settled through negotiation between the Parties.
Disputes that cannot be resolved in a friendly manner in the above-mentioned manner shall be decided by a Norwegian court, of which the Oslo District Court shall be the first instance.
With regard to all views, such as interpretation, execution and validity, the Agreement shall be regulated on the basis of Norwegian law.