ver. 1.0 – 5/2023

Company

Smart Touch S.r.l.

via Rome, 54

21047 Saronno VA – Italy

Fiscal code/VAT number 03357540123 REA: VA-344747

phone: +39 0287186571

pec: pec@pec.smarttouch.it

sales/administration: sales@smarttouch.it

General terms and conditions

These conditions apply to an indefinite series of contracts. Smart Touch S.r.l. may establish special agreements with individual customers (managers). In this case, the special conditions will prevail over the general contract conditions.

Definitions

Company: is the subject that provides the Smart Touch Pay service, also referred to as Smart Touch, means Smart Touch S.r.l.

Platform or Electronic Payment Service is the hardware and/or software infrastructure that provides services and technological tools, programs and applications to enable and facilitate electronic transactions for the payment of amounts due.

Client: is the owner of one or more public or private establishments, of one or more companies, of one or more public or charitable bodies. In general, it is any person who intends to join the Smart Touch Pay service.

End User or Payer: is the end user of the services offered by the platforms, typically the customer of one of our customers

Electronic transaction: it is the complex phase of electronic payment that deals with the exchange of payment data. It has the purpose of carrying out the transfer of an amount or a sum of money from one person to another.

Dispute: means the dispute of an electronic transaction by the end user or payer against the Customer for payment of a previously authorized amount.

Dashboard: is the control panel accessible via browser and a personal account, through which it is possible to consult and obtain transaction reports.

Stripe: Stripe Payments Europe, Limited (SPEL) with registered offices at 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, D02 H210, Ireland. SPEL is a company incorporated and registered under the laws of Ireland and is registered with the Irish Companies Registration Office. Registration number: 3206488LH, VAT number: IE3206488LH

United Kingdom: means the territory of England, Scotland, Wales and Northern Ireland.

European Economic Area (EEA): European Economic Area (EEA) countries include Austria, Belgium, Bulgaria, Cyprus, Croatia, Denmark, Estonia, Finland, France, Germany, Greece, Ireland, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Norway, Netherlands, Poland, Portugal, Czech Republic, Romania, Slovakia, Slovenia, Spain, Sweden, Hungary.

Electronic Payment Service

SmartTouch® Pay is a service offered by the Smart Touch company to its customers, owners and managers of public establishments, businesses and public bodies or benefits to facilitate electronic payment by end users and patrons of the amounts due for the sale of products, supply of goods, beverages and services or for the services provided according to the type of activity.

Electronic transactions are made possible through a software/hardware platform that allows the transfer of money from the end user to the Customer, and take place with times and methods agreed with the Customer himself, allowing for a quicker and simpler integration between this payment service and the Client’s management platforms.

A Payment Order is considered authorized when the Payer has given his consent to the execution of the relevant Payment Operation, i.e. he has placed an Order relating to the execution of the Collection Service by correctly entering his credentials and/or codes of his authentication system. The consent given to the execution of a Payment Order cannot be revoked, except in the case of a SEPA Direct Debit where the Payment Order can be revoked within the Business Day preceding the date on which the execution of the payment is expected. Payment Transaction.

Money transfers to the Customer’s bank account will take place with the frequency established by the specific contractual conditions.

For the Payment Service, the Customer is required to pay Smart Touch a commission for each Payment Transaction, the amount and collection methods of which are indicated in the appropriate paragraph “Contractual and Economic Conditions”.

The SmartTouch® Pay Electronic Payment Service is offered and based by integrating one or more third-party payment services, by way of example but not limited to that of Stripe® (stripe.com) and using payment gateways on international circuits, such as Visa®, Mastercard®, AmericanExpress®, ApplePay®, GooglePay® or others that may be enabled in the future.

SmartTouch® Pay is natively integrated with SmartTouch Menu®, but it can also be offered as a payment service of other platforms developed and managed by Smart Touch or as a stand-alone payment service and used only for the transaction electronic, such as payment at the table or at the till. In addition, it can be combined with optional hardware whose cost is quoted in a dedicated offer, for advanced and particular features.

Risks

The main risks associated with electronic payments are attributable to:

• any problems with the technical infrastructures involved in transaction management, including the infrastructures of third parties (issuers of payment cards, payment circuit managers), which may cause suspensions or delays in the performance of the Payment Service and temporarily prevent the delivery of the same by SmartTouch Pay;
• risk of loss of the sums already credited, which relate to transactions disputed by the cardholder. The cardholder has the right to open a dispute regarding these transactions, following which the card issuer re-credits the cardholder;
• SmartTouch Pay may suspend the crediting of the collection at any time in order to verify that the underlying transactions have actually and regularly been carried out (for example when SmartTouch Pay suspects that a Transaction has been carried out fraudulently or in an irregularly);

The Manager declares to be informed about the risks indicated and accepts that the transactions may not be successful for the reasons indicated, relieving the company of liability.

Contractual and Economic Conditions

The main economic conditions are reported.

The commissions of the SmartTouch Pay service are subject to 22% VAT and will be invoiced at the end of the month.

Given that, in the event of changes to the Contractual and Economic Conditions, Smart Touch will try to offer increasingly competitive and economically better rates for its customers, subject to contingent or unforeseeable conditions, the company in any case reserves the right to unilaterally vary the conditions economic with a notice of at least 30 (thirty) days. If during this period the Customer does not request withdrawal from the contract, the new conditions will be considered tacitly approved. The Customer has the right to ask Smart Touch in writing for the application of new tariffs before the end of the 30 (thirty) days, and Smart Touch has the right to grant a shorter period for the application of the new tariffs.

The Customer who intends to withdraw from the Contract, may do so without charges, penalties and closing costs, by written communication to be sent with at least 30 (thirty) days notice to Smart Touch, according to the communication and withdrawal methods indicated in the appropriate paragraph .

More information

Difference between standard and premium cards: If your company is based in the European Economic Area (EEA) or the UK, the electronic card transaction fee will differ between standard domestic cards and premium national cards.

• Standard National Cards: Consumer cards issued by Visa and Mastercard, all cards issued by American Express, Discover, Diners Club, Maestro, Cartes Bancaires, UnionPay
• Premium Domestic Cards: Commercial, corporate or business cards issued by Visa and Mastercard

How to know if an end user is using a commercial, corporate or corporate card.

In general, expenses that are not for personal use are usually made through a commercial, corporate or business card. Here are some examples:

• if the Customer is selling to businesses, they are most likely buying through a commercial, corporate or corporate card. Regardless of whether the card was issued to a natural person of the company.
• Sole proprietorships often use commercial, corporate or business cards to purchase supplies or to pay for expenses that pertain to their start-up or small business.
• Individuals booking business travel or organizing a corporate activity tend to use commercial, corporate or corporate cards.

SmartTouch Pay determines whether a card is standard or premium based on the information available on the credit card circuits at the point of acquisition. The accuracy of these matches is regularly reviewed to ensure that all card transactions are subject to appropriate fees.

International card payments and currency conversion.

The currency exchange rates displayed online are typically mid-market rates: the midpoint between the buy and sell price of the currency. The effective exchange rate normally applied includes the surcharge imposed by financial institutions.

The crediting times to the bank account may vary according to your credit institution. They generally take 3 working days, but can take up to 7 working days.

Transaction fees are charged directly at the time of the transaction.

Consultation costs and other charges

The “Consultation costs and other charges” are shown in the “Contractual and Economic Conditions” table.

The Customer’s Payment Service Provider (i.e. the bank or other financial intermediary ntiary who operates as an account servicing intermediary) with which the account of the Customer is opened, from which the Payment Transaction is initiated, may apply costs on this Payment Transaction; for information in this regard, contact the Customer’s Payment Service Provider (i.e. the bank or other financial intermediary acting as an account servicing intermediary to the Customer’s account servicing intermediary)

Duration and Withdrawal of the contract

The contract is for an indefinite period.

The Customer may withdraw from the Contract, without charges, penalties and closing costs, by means of written communication to be sent at least 30 (thirty) days notice to Smart Touch. Smart Touch, on the other hand, may withdraw from the Contract, without charges, penalties and closing costs for the Customer, by means of written communication to be sent at least 30 (thirty) days notice to the Customer.

The withdrawal can be exercised by certified e-mail to be sent to the address pec@pec.smarttouch.it.

Termination of the Contract for any envisaged reason will result in the immediate termination of the Customer’s right to use the Payment Services and the automatic revocation of any prior SEPA Direct Debit authorization, if provided. In any case, the execution of the Orders already given by the Customer will be ensured, provided that all the conditions envisaged by the applicable legislation and by the contract for the execution of such Orders are met and that, if necessary, the Customer has adequate availability at Smart Touch and no is in default of payments due to Smart Touch.

In any case of termination of the effectiveness of the Contract, the fees and expenses for the Payment Services charged periodically will be due by the Customer only in proportion for the period preceding the termination; if paid in advance, they will be reimbursed pro rata.

Maximum closing times

In any case of termination of the validity of the Framework Contract, Smart Touch will, within 30 (thirty) days from that date, transfer the resulting sum to the Customer’s credit and, unless otherwise agreed in writing, Smart Touch will be authorized to retain (the ) the sums necessary for the execution of the Payment Orders arranged by the Customer before the effective date of the termination of the Framework Contract or (ii) to allow the payment of any adjustments requested by the Beneficiary in relation to SEPA Direct Debit orders executed before that date and (iii) the sums that are the subject of refunds or disputes (even if only potential) between the Customer and its debtor.

Dispute

In the event that a paying final customer opens a dispute against the Customer, the latter will be required to immediately return to SmartTouch the sums re-credited to the final customer by the card issuer. Otherwise and in any further hypothesis in which it is ascertained that the customer withholds sums unduly or performs any action that could determine an enrichment to the detriment of Smart Touch, the company will act without delay in any competent office for the compulsory recovery of the sums due with charge of expenses and accrued interest.

If the dispute reaches a positive outcome for the Customer, SmartTouch will return the previously recovered sums to the Customer.

Considering the total amount and if Smart Touch deems it more economically advantageous than the resources necessary to follow up the individual dispute, the company reserves the right to lose the dispute without opposing a defence.

The management of a dispute involves a fixed cost, which remains the responsibility of SmartTouch regardless of the outcome of the dispute itself. In order to recover this amount and discourage establishments that present a high number of disputes in a certain period of time, SmartTouch reserves the right to withdraw additional commissions on subsequent transactions, as described in the appropriate paragraph “Additional commissions for managing disputes in subsequent transactions.”

Ultimately, Smart Touch reserves the right to suspend the service, the use of the platform and/or withdraw from the contract immediately, if the Customer’s account presents a too high or suspicious number of disputes.

Complaints

In the event that a dispute arises between the Customer and the Smart Touch company in relation to the Payment Services, SmartTouch Pay, the Customer can file a complaint via Pec to the address pec@pec.smarttouch.it or by registered letter with return receipt addressed to Smart Touch SRL – Complaints – via Roma 54 21047 Saronno VA, explicitly indicating the Pec email address for the reply as Smart Touch will only reply via Pec, otherwise indicate the reason why it cannot be used the pec.

Customer support

The customer assistance channels are listed on our smarttouch.it website, in the reserved area and on the manuals provided at the time of activation.