Ziber Pay Terms
The Ziber Pay Terms ("Terms") are additional terms that apply if you use the Ziber Pay service as part of the Services.
These Terms take effect as soon as you, or the entity you represent, have activated the Ziber Pay service in Ziber Team and/or you have made a payment via Ziber Pay.
Terms that are capitalized have the meaning given to them under "Definitions."
Ziber Pay
Ziber Pay is part of the Services that allows you to easily collect payments from a user ("Payer") and/or make payments to a "Receiver." For a comprehensive description of the Ziber Pay service, please refer to our knowledge base at support.ziber.eu.
Ziber uses the payment platform "Stripe" (www.stripe.com) to handle the actual financial transaction between the Receiver and the Payer.
Receiving Payments via Ziber Pay
Ziber Team allows you to use the Ziber Pay functionality to collect payments. When you use Ziber Pay functionalities to receive online payments, you are the “Receiver,” and this section applies to you.
Activation
Ziber has integrated the Stripe platform (www.stripe.com) so you can easily collect payments from your users via the Services. Stripe handles the actual financial transaction on your behalf or for your entity within Ziber Pay, while Ziber manages the use and support of Ziber Pay.
Activating Ziber Pay
To receive payments via Ziber Pay, you are required to activate this feature through Ziber Team. During activation, you must agree to these Terms, the Privacy Policy, and the applicable Transaction Fees that Ziber charges you for using Ziber Pay.
Activating Stripe
After activating Ziber Pay, you will need to create a Stripe account and link it to Ziber Pay in order to start using the Ziber Pay features. The process of creating and linking a Stripe account must be initiated through Ziber Team. Please refer to our knowledge base at support.ziber.eu for more information. To successfully complete this process and use Ziber Pay, you will need to agree to the terms and privacy policy of Stripe (https://stripe.com/en-nl/ssa).
Your Identity
Stripe is regulated by the DNB (De Nederlandsche Bank, https://www.dnb.nl/openbaar-register/registerdetailpagina/?registerCode=WFTEG&relationNumber=R161769) and is required to verify your information and identity, or that of the entity you represent. As laws and regulations may change over time, Stripe may require additional information from you regarding your identity and/or the entity you represent.
Your Transactions
All transactions facilitated through Ziber Pay are recorded by Stripe. You can review your transactions via Ziber Team and generate reports for a specified date range.
Transaction Fees
For each successfully completed transaction, Ziber deducts Transaction Fees, depending on the payment method chosen. The transaction amount minus the Transaction Fees will be added to your balance with Stripe.
Your Stripe Balance
Through Ziber Team, you can provide the bank account number for yourself or the entity you represent, to which the balance at Stripe will be paid out. You can also specify the frequency of these payouts. The details are stored with Stripe.
Refunds
If you need or want to refund a received transaction to the Payer, you, as the Receiver, are solely responsible for handling the refund. You must coordinate directly with the Payer regarding how the refund will be processed. The transaction fees deducted by Ziber for the transaction you wish to refund will not be refunded to you (Receiver).
Transaction Fee Rate Changes
Ziber reserves the right to adjust the transaction fee rates unilaterally. If the adjustment involves an increase, we will notify you (Receiver) at least 1 (one) month before the new rate takes effect, either in writing, via Ziber Team, or by email. If you do not agree with this increase, you can always choose to stop using Ziber Pay services.
Chargebacks
Ziber does not guarantee and accepts no liability for transactions that are authorized and completed but are later reversed by the Payer or Stripe for any reason.
Closing Your Stripe Account
Ziber does not guarantee and is not liable for any costs or damages resulting from the blocking or closing of your account with Stripe.
General Provision
Ziber reserves the right to suspend or terminate your access to Ziber Pay services if we suspect you are acting in violation of these Terms or Dutch law. In such cases, Ziber reserves the right to claim any resulting damages from you.
Paying Money via Ziber Pay
When you make a payment to a Receiver via Ziber Pay, you are the "Payer" and this section applies to you.
Ziber Pay
Your payment is processed through Ziber Pay, with the actual financial transaction handled via the Stripe payment platform, which Ziber has implemented as part of the Ziber Pay service. You will receive an email from Ziber confirming the successful transaction. For questions about this transaction or refund requests, you must contact the Receiver, who is responsible for handling such matters.
Personal Data
When using Ziber Pay, only the information deemed necessary by the Receiver for processing the transaction will be requested. If you have a Ziber ID, you can optionally use the personal information stored with your Ziber ID when making payments via Ziber Pay.
Refunds
If you, as the Payer, wish to request a refund for the transaction, you will need to coordinate directly with the Receiver. This falls outside the services provided by Ziber through Ziber Pay. Even if the transaction has been completed and the Receiver has not yet received the funds, the Receiver remains responsible for processing your request, including the refund.
Privacy
By using Ziber Pay, you agree to our Privacy Policy, and we will act accordingly. Therefore, only the personal information for which you, as the Payer, have given consent will be shared between the Payer and the Receiver.
Miscellaneous
Limitation of Liability
Despite close cooperation with Stripe to ensure a smooth payment experience via Ziber Pay, it should be understood that our liability is limited to the services we directly provide. We are responsible for facilitating a transaction within our own platform, including any issues arising from our service.
However, regarding Stripe's actions as the underlying payment platform, we are not liable for any errors, delays, disruptions, account suspensions, closures, or other issues specifically related to Stripe's systems. Stripe operates as an independent service provider with its own responsibilities and liabilities.
Force Majeure
In cases of force majeure, Ziber will make every effort to ensure that Ziber Pay services, as described on the Ziber support website, continue to function optimally. Ziber cannot be held liable for any direct or indirect damage caused to you as the Payer or Receiver due to such circumstances.
Translation
These Terms were originally written in Dutch (NL). We may translate these Terms into other languages to ensure you can fully understand them. In the event of a conflict between a translated version and the Dutch version, the Dutch version will prevail.
Governing Law and Jurisdiction
This Agreement is governed by the laws of the Netherlands (a member of the EU), regardless of conflict of law principles. Any legal action to enforce this agreement must be brought in Alkmaar (Netherlands). This jurisdiction clause does not prevent either party from seeking injunctive relief in a competent court for the violation of intellectual property rights.
Definitions
For a list of definitions used, click here