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GENERAL TERMS AND CONDITIONS OF IRIS SOLUTIONS AD FOR THE USE OF PAYMENT TERMINAL PRODUCT

I. Definitions

Art. 1. (1) For the purposes of these General terms the terms hereinbelow have the following meaning, unless the context requires other interpretation:

  • „Provider“ is Iris Solutions AD, UIC 208455895, a company licensed for the provision of payment services in accordance to BNB decision № 316 / 17.09.2019;

  • “Product” or “Payment terminal” is software solution of the Provider, which is installed and/or integrated with the systems of the Merchant, through which it is possible to exchange information between the Merchant and its customers and through which payments are accepted (from account and / or bank card), which is used to pay for goods / services of the Merchant. Payments may be related to:

    • payment for goods / services in the Merchant's online store;

    • payment for goods / services in the physical store of the Merchant;

    • payment of the Merchant’s invoices;

  • “General terms” means the current General terms and conditions of Iris Solutions AD for the use of product “Payment terminal”;

  • “Merchant” is a person that is engaged in economic activity or that provides goods/services, which can be paid through the Product;

  • “Transaction” is payment operation, executed through the Product at the expense of the Merchant in a bank / payment institution;

  • “Users” are the Merchants and persons – their customers, who use Multibank Digital Wallet product of the Provider.

(2) Unless the context requires otherwise, the words, used in singular form shall also mean the plural form of these words and words used in plural form shall also mean the same words in singular form.

Art. 2. The General terms apply to the use of the Product. Before using the Product, each Customer shall agree and shall comply with the General terms.

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II. Terms to Customers for access to the Product functionalities

Art. 3. (1) A preliminary condition for gaining access to the Product for the Merchant is to conclude an agreement with the Provider, which regulates the use of the Product and to be approved by the Provider.

(2) The approval under para. 1 shall be granted subject to the following conditions:

  1. The Merchant has provided the required by the Provider registration data and data about its ultimate beneficial owner;

  2. The Merchant’s activity is related to provision of goods and/or services, which are allowed under the legislation in force. In case that the business activity is subject to license or approval, the Merchant shall provide proofs that it has gained the relevant licenses and/or approvals;

  3. The Merchant enjoys a good reputation and complies the provisions of the legislation in force, which are related to the exercise of its business activity.

Art. 4. Upon approval, the Provider shall provide software (plug-in, app, etc.) to the Merchant which is to be installed and/or integrated with the Merchant's systems in order to use the Product.

(2) The proper use and the full functionality of the Product may require compliance with additional requirements, which are specified by the Provider.

Art. 5. The Provider shall provide the Merchant with detailed instructions for using the Product, taking into consideration the character of the expected payments from customers (online store, physical store and/or invoices) before the Merchant commences using the Product.

Art. 6. In case of suspicions or detected cases of violations, related to the information or actions provided by the Merchant, as well as in order to limit the possibility of committing illegal actions, the Provider may unilaterally limit the functionality of the Product, including the amount of payments allowed through the Payment Terminal. The limitations may concern the number of Merchant's accounts to receive payments, the maximum amount of a single Transaction, the number and amount of Transactions by a specific person (customer), the type of goods / services to receive payments for, etc., for which the Merchant shall be notified in a timely manner.

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III. Use of the Product

Art. 7. Receiving payments through the Product shall be made at the initiative of the Merchant or of the relevant customer, the latter shall obligatorily approve the Transaction. The specific manner of initiating and executing the Transactions shall be specified by the Merchant in the instructions under Article 5 or other appropriate manner.

Art. 8. (1) The Provider shall electronically notify (through the Product and/or via email) the Merchant for each successful payment through the Payment terminal.

(2) The Merchant may monitor and may receive information regarding the completed Transactions through the Product.

Art. 9. (1) The Merchant may receive promotional materials and may coordinate with the Provider such materials in order to promote the Product.

(2) The Merchant may participate in marketing campaigns and may coordinate with the Provider independent ones in order to promote the Product.

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IV. Liability

Art. 10. (1) The Provider may execute inspections of the Transactions in order to determine whether there are illegal or suspicious operations, as well as in cases of complaints, made by Users.

(2) In case of complaints, the Provider shall require information regarding the case from the Merchant, providing the latter with reasonable period for that, but no less than 3 working days.

(3) If the Provider establishes cases of abuse and crimes, unauthorized or suspicious operation and in case of an accepted claim, the Merchant shall refund the received amount at its own expense, as well as to execute other actions, which are specified by the Provider. The Provider may require additional actions for the remedy of the damages to the extent that such are permitted by the law and are required by the nature and character of the particular case.

Art. 11. (1) In case of doubts (up to clarification of the case) or in cases of detected misconduct, the Provider may unilaterally and without compensation block all or part of the Merchant's ability to use the Payment Terminal, for which the Merchant shall be notified in a timely manner.

(2) Information about cases under para. 1 may be provided to the competent authorities as well.

Art. 12. The Provider shall endeavour to provide possibility for constantly receiving Transactions through the Product (24 hours per day, 7 days in a week) and shall not be responsible for cases when the payments are not allowed or are deemed impossible due to a reason, for which the relevant bank / payment institution servicing the account is responsible.

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V. Fees

Art. 13. For the use of the Product, the Provider shall charge the Merchants fees in accordance with their individual agreements or the Tariff of the Provider.

Art. 14. In case that the Merchant uses additional services, it is possible to be charged with additional fees in accordance with the Tariff of the Provider.

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VI. Termination and changes of access and functionality of the Product

Art. 15. To the extent it is not otherwise provided for in its individual agreement, the Merchant may at any time terminate the use of the Product, exclude its accounts at a particular bank / payment institution from the scope of the Product.

Art. 16. (1) The Provider will endeavour, but makes no commitment, to provide the Product on an uninterrupted basis and reserves the right to terminate the User's access without prior notice. The Provider shall have the right to make changes to the functionality of the Product, including limiting, disabling access to them, without prior notice. The Provider shall use reasonable efforts to notify Customers in advance of planned changes to functionality or termination of access to the Product and the Services.

(2) The Provider shall inform the Merchant and provide the latter detailed instructions in case of modifications and amendments of the Product that require additional installation, integration or changes in the systems of the Merchant.

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VII. Others

Art. 17. (1) If the Merchant notices a malfunction in the use of the Product, it may contact the Provider by using the following correspondence data:

Iris Solutions AD
UIC 208455895
Address: Blvd. Hristo Smirnenski 78, fl. 4
e-mail: bdo@irisbgsf.com

(2) The Provider shall review the request and shall notify the affected Users electronically about its decision within 7 days. In case the deadline cannot be met and / or additional information is required, the Provider will notify the affected Users electronically.

Art. 18. The Provider undertakes to cooperate with the Merchant in case of questions, problems or misfunctions at the correspondence details under art. 16.

Art. 19. (1) The Provider can change these General Terms, for which it shall send prior notification to the Merchant via the Product. Notice regarding the change of the General Terms shall also be published on the website of the Provider.

(2) Changes in these General terms shall have effect with respect to the relevant Merchant only if the latter accepts them. In the event that the Merchant does not accept the relevant amendments to the General terms, the Provider may restrict the use of the Product partially or entirely.

Art. 20. In case that a provision of these General terms is declared by a court or other similar authority to be invalid, illegal or unenforceable, all other provisions of these General terms shall nevertheless remain in full force and effect.

Art. 21. For any cases that are not covered by these General terms, the legislation in force in Republic of Bulgaria shall apply.

These General terms have been adopted and have entered into force on 20.01.2020.
Last amendment: 01.04.2021.

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