Dear DNA Payments Customer
We’re so happy to have you here as our acquiring customer, and we’re getting in touch to let you know the important news that we’ve updated our merchant acquiring Terms and Conditions and that you can now easily access them online here.
Our Terms and Conditions now consist of separate schedules that form our entire agreement with you. We’ve done this to assist you in better navigating the legal documents which are relevant to you. A brief summary of the schedules can be found below, and you can also save a copy of each of them by clicking each title.
These terms, and our Privacy Notice, explain how we deal with your personal data when you use our services.
As per our current agreement, we need to let you know two (2) months before changes take place, so the updates informed in this communication will only come into effect on the 19th of September 2022.
If you’ve any questions, drop us a message at support@dnapaymentsgroup.com or give us a call at 0208 102 8100, and our team will be happy to answer all of them.
If you’re not happy to accept our updated Terms and Conditions, please do let us know in writing before 19th of September 2022 by sending an email to support@dnapaymentsgroup.com in which case your current agreement with us will be terminated 30-days following your notification. Please be reminded about your obligations and liability which will still be in force post termination of your agreement. For more details, please refer to the relevant clauses of the agreement.
Yours sincerely,
DNA Payments Team
Brief summary of the schedules
Schedule 1. The glossary contains key terms which we use across all our Terms and Conditions. We refined some terms to make them clearer, as well as added some definitions to reflect the changes in our services and products which we offer.
Schedule 2. General Terms and Conditions will apply to the services which we provide to you. We would like to draw your attention to clause 8 Fees, which sets out how we will settle the funds to you. The Transaction Fees stated in our agreement will be deducted from the funds received by DNAP in respect of each Transaction. The Non-transactional fees will be charged via direct debit, which you are required to maintain at all times unless informed otherwise by us.
We would also like to remind you of your main continuous obligations to us. Which are, to maintain at all times the information provided to us complete, accurate, and up to date; comply with all Applicable Laws and the terms of the Agreement between us; obtain and maintain all necessary applicable licences; not facilitate payments to other merchants or services different from what you informed to us; not use our services to process payments which are related to any illegal, immoral or improper activity; deal with complaints from your customers in a fair manner; keep your website, policies, and procedures compliant with our latest guidelines, as requested by us from time to time.
To reflect market conditions, we also clarified and extended our termination and suspension rights to comply with the Payment Schemes and other regulatory requirements. If following the suspension of the services, we will need to reactivate them, we may charge you a one-off reactivation fee of £20.
Schedule 3. Acquiring Services Terms and Conditions specifically deal with how we provide our Acquiring services which are the core of our service proposition. We further remind you that we may use relevant third-party acquirers who may enforce the terms of the agreement. Currently, we cooperate with Paynetics AD[1], and Bambora AB[2].
Schedule 4. Payment Facilitating Services this Schedule ONLY applies if you requested ancillary services in addition to the Acquiring Services. For clarity, we will not provide you with Payment Facilitating Services without Acquiring Services.
Payment Facilitating Services include, but are not limited to, Set-up, Configuration and Delivery Services, Engineer Installation Services, Payment Terminal Help Desk and Support, 24 hours Swap Out of Payment Terminals, and Airtime Service. If you decide to use these services, we will also provide you with a payment terminal to accept payments as part of these services. We will not charge for the payment terminal use, but we would like to draw your attention that we will charge you the agreed fees for the services. Please refer to clauses 3, 5, and 9 of Schedule 4 for more details.
If you are not using our Payment Facilitating Services, please note we may provide you with financial assistance to pay exit fees from your current provider if any. This assistance is capped at £500 if you effect the change from your current provider of payment terminals to us. Our customer support team will be able to assist you in this process.
Schedule 5. End-User Licence Agreement (EULA) for Zash App, Zash Solution, and Documentation (Zash Licence) as part of our service offering, we may provide you with Zash App or Zash Solution, our proprietary software developed for the hospitality sector. Zash may help you to process orders and accept payments, and may also include table management, staff management, kitchen setup, and sales and reporting functions. Zash Licence contains customary provisions for this type of licence, and includes, among others a non-transferable, non-exclusive use of the licence, which you should use only in the Permitted Country and by the Documentation provided, clause 1 of Schedule 5 sets out the full licence terms. We further remind you of the main restrictions set out in clause 2 of Schedule 5, regarding the use of Zash App and Zash Solution, which are not to copy, rent, lease, sub-license, loan, translate, merge, adapt, vary, modify, alter, disassemble, decompile, reverse-engineer, create derivative work neither of the solutions and associated Documentation. Charges for the use of the Zash App and Zash Solution will apply as agreed between us.
Schedule 6. Zapp and the Pay by Bank app terms this Payment Method is supported by Vocalink, a MasterCard company. Zapp and Pay by Bank app are bank account-based payment systems which enable you to receive payments with the banking app on your mobile phone, using your phone number as a unique identifier. Schedule 6 will only apply if you opt-in to receive these services. Charges for the use of Zapp and the Pay by Bank app will apply.
If you choose that we provide you with Gateway Services, Schedule 7 will apply to you. Gateway Services are technical services that support the processing of transactions between you and the Cardholder and/or between you and us using the internet. Please note that Gateway Services may require that you develop and maintain your Systems and their functionality. Charges for the use of Gateway Services will apply.
Schedule 8. Virtual Terminal Services Terms and Conditions will apply if you choose to receive these services from us. Virtual Terminal is an online device used to process Card details for submitting Card-Not-Present Transactions to us. Charges for the use of Virtual Terminal Services will apply.
Schedule 9. Data Processing Terms and Conditions shall regulate how we process your and Cardholders’ personal data. You shall be the Controller and DNAP will be the Processor in respect of the Personal Data for the purposes of Data Protection Legislation, except when we act as a Controller to comply with our legal, anti-money laundering, fraud, and card schemes obligations. Our current sub-processors are Bambora AB and Paynetics AD.
We treat your Personal Data received during the provision of the Services seriously and aim to ensure full compliance with Data Protection Legislation and various security standards. At the same time, as a Controller, you remain responsible for compliance with your obligations under the Data Protection Legislation, and for the written processing instructions that you give to us. Additionally, you need to ensure that you have informed all your customers of the Processing of their Personal Data under our Agreement in a way that your customers received sufficient information to enable fair, transparent, and lawful processing of Personal Data. Where required by Data Protection Legislation, your customers may need to give their unambiguous consent to such Processing. You also need to ensure that the Personal Data transferred to DNAP within the categories specified in Schedule 9 is accurate and up to date.
We would like to draw your attention to clause 15.1 of Schedule 9 where the indemnities for losses suffered by us in connection with material breaches of your obligations under the Data Processing Terms and Conditions are scoped.
[1] Paynetics AD, a company duly registered and operating under the laws of Bulgaria, registered under uniform identification code (UIC): 131574695, with a registered office located at Hill Tower, 76A “James Bourchier” Blvd., 1407 Sofia, Bulgaria. Paynetics is a regulated e-money institution, licensed to provide its services across the EU and the UK with its office in the UK at Northside House, 69 Tweedy Road, Bromley, Kent, England, BR1 3WA.
[1] Bambora AB, a company duly registered and operating under the laws of Sweden, registered under number 556233-9423, and having its head office at Vasagatan 16, SE-103 83, Stockholm, Sweden. Bambora is a payment institution, licensed to provide its services across the EU and holding temporary permission to provide services in the UK