This schedule 6 applies only if you use gateway services.

In case any of the bold terms are unfamiliar to you, a comprehensive glossary is available for reference here. The glossary provides explanations and definitions for better understanding of the terms used throughout the schedules.

1. DESCRIPTION OF THE GATEWAY SERVICE

Gateway software and gateway resources

1.1. We grant you the right to use the gateway software and gateway resources in order to use the gateway service for the purposes described in the documentation, and for other card transactions we have specifically agreed to process. If there is any conflict between the agreement and anything set out in the documentation, the agreement will take priority.

Restrictions

1.2. You must not do (or try to do) the following, or allow any third party to do (or try to do) the following:

1.2.1. Use the gateway services in any way other than in line with the agreement or as instructed by us in writing.

1.2.2. Circumvent (bypass) or try to circumvent any security measures relating to the gateway services.

1.2.3. Disassemble, decompile, decrypt, reverse-engineer or modify the gateway software.

1.2.4. Except as allowed under the agreement, give access to the gateway services to any third party other than your authorised personnel who have entered into a written confidentiality agreement with you.

1.2.5. Make any copies of the documentation, except as necessary to meet your obligations or to apply your rights under the agreement.

1.2.6. Remove or alter any copyright notice or acknowledgements appearing on any of the gateway services or the documentation, except as approved in writing by us.

1.3. The gateway services only relate to transactions carried out:

1.3.1. through online outlets; 

1.3.2. in the permitted countries and in the currencies set out in the table of ‘Commercial terms’ in the merchant application form (or as we may tell you from time to time); and

1.3.3. using approved payment methods and payment systems authorised by the relevant acquirer from time to time.

2. WARRANTIES

2.1. We do not provide any warranties (guarantees) for the gateway services, including about their suitability for sale and fitness for purpose, or that they do not affect the rights of any third party. We cannot guarantee that the gateway services, or any part of them, will meet your needs or operate without interruptions or errors. We also cannot guarantee that the services will be compatible with your software or equipment. Please note that we do not claim that all errors in any gateway software can be fixed.

3. GATEWAY SERVICE INTEGRATION

Integration with your merchant system

3.1. You are responsible for programming, developing and maintaining the merchant system and its functions to make sure they are compatible with the gateway services. You are ultimately responsible for making sure that the merchant system works correctly. You are responsible for all technical support for the merchant system. 

Shutdowns and suspension

3.2. We may suspend the gateway services, without giving you notice, in order to prevent incidents or if we suspect any unusual activities or we need to do any emergency work. If we need to suspend the gateway services for planned maintenance, we will give you reasonable notice beforehand.

4. INTELLECTUAL PROPERTY RIGHTS

4.1. All intellectual property rights relating to the gateway services and our names, trademarks and brands, whether these exist now or arise in the future, belong to us and our licensors (those who have granted us a licence to use or provide something to you - for example, their software), as appropriate.

4.2. You must promptly tell us about any:

4.2.1. intellectual property rights being infringed (broken, limited or undermined) or at risk of being infringed; or

4.2.2. challenges to the validity or ownership of any intellectual property rights or other rights belonging to us,

4.2.3. and you must give us reasonable help (at our reasonable expense) in connection with any of these matters.

5. LEGAL RESPONSIBILITY

5.1. We and our subcontractors and partners are not liable for compensating you or any third party (including your customers) for the value of any card transaction as a result of any failure or delay in processing that card transaction. All you can require from us is for us to use commercially reasonable efforts to process the card transaction as soon as reasonably possible after you tell us about the failure or delay.

5.2. Just because we provide the gateway services does not mean that we have any additional or separate liability for the authorisation (or lack of authorisation) of card transactions, for chargebacks, or for any other losses, claims, damages, expenses (including legal fees and court fees) and liabilities you suffer.

5.3. We can only provide the gateway services to you if you properly collect and provide us with relevant information (including, if appropriate, data) in line with the gateway resources or as we tell you.

5.4. We and our subcontractors and partners have no liability whatsoever for any information you provide or the results of the gateway services, including any authorisation request made on your behalf or any authorisation response which is received.

5.5. We do not guarantee in any way that a customer’s use of any approved payment method or any of the gateway services is valid or non‑fraudulent. Our liability for fraudulent or invalid use of an approved payment method is limited to the maximum specified by applicable laws.

6. INDEMNITY

6.1. You indemnify us, the relevant acquirer, card issuers and the payment schemes against (that is, fully reimburse us and them and accept all liability for) any losses, claims, damages, expenses (including legal fees and court fees) and liabilities arising out of or in connection with anything you told a cardholder about the gateway services, including any communications to a cardholder about the availability or non‑availability of funds in their account.