Our Terms and Conditions
Welcome to SmartTrade. We developed our payment and paperwork service (the “Service”) to make it easy for you to get paid, get work and get organised so you can focus on your own product or service.
We have tried to draft these Merchant Terms of Service in a clear and simple manner. Unfortunately, the realities of the legal world make it a very difficult task. So, should you have any questions or concerns or would simply like to better understand how we do things at SmartTrade, please do not hesitate to contact us.
This page (together with the documents referred to on it) tells you the terms of service (“Terms of Service”) on which you may use our SmartTrade mobile application (“our App”) and our website www.smarttradeapp.com (“our Site”). No other terms of business will apply to such use. Please read these Terms of Service carefully before you start to use our App or our Site. By registering to use our App and/or our Site, you agree that you accept these Terms of Service and that you agree to abide by them. If you do not agree to these Terms of Service, your application to register for the Service will be refused.
PLEASE NOTE THAT IN ORDER TO ACCESS AND USE OUR APP AND SITE YOU MUST BE OVER 18 years old or the Minimum legal age in the JURISDICTION from which you are accessing OUR app and/or Site, whichever is the higher.
PLEASE ALSO READ THE “OUR LIABILITY” AND “YOUR LIABILITY” SECTIONS OF THESE TERMS OF SERVICE.
Our App and our Site are operated by SmartTrade App Ltd ("We" or “SmartTrade”). We are registered in England and Wales under company number 6205886 and have our registered office at First Floor, 10-16 Scruton Street, London, EC2A 4RU, United Kingdom.
The SmartTrade App Service
We agree to provide you with a service supported by software via our App and our Site to allow you to permit us to communicate your customers’ debit and credit card details to Payment Providers in order for those Payment Providers to provide a payment service to you under their own terms of business (the “Payment Service”), and to manage information in relation to those payments by having the facility to: generate quotes and statements, customise quotes, invoices and instant receipts and export your payment information into Excel for accounting purposes (the “SmartTrade Accounts Management Service”). More details of the SmartTrade Accounts Management Service may from time to time be published on our Site. In these Terms of Service, the Payment Service and the Smart Trade Accounts Management Service are together referred to as “the Services”)
Prior to being able to use the Services, the details you provide to us upon registration will be checked and verified by Payment Providers, with whom you must also have a separate agreement. For further information on this verification process, please see your agreement with the relevant Payment Providers. We will notify you once your registration has been either approved or deemed ineligible by the relevant Payment Provider(s) for use of the Payment Service.
Either We or the Payment Provider will provide you with the relevant Payment Providers’ terms of business which will govern the terms of the Payment Service: please note that We facilitate the provision of information between you and Payment Providers to assist your management of the Payment Service but We do not provide the Payment Service ourselves and your contract for the Payment Service is directly between you and the relevant Payment Provider on the Payment Provider’s terms of business.
All references in these Terms of Service to the Payment Service and to actions which Payment Providers will take assume that the relevant Payment Provider has agreed to provide the Payment Terms to you: this will be subject to their verification of the information you provide to us and to other conditions of their terms of business from time to time. We do not guarantee, even if you have paid fees for the SmartTrade Accounts Management Service, that a Payment Provider will agree to or will continue to provide you with the Payment Service. Your rights to terminate the Services are set out at the section headed “Termination” below.
Subject to successful registration with SmartTrade and approval by a Payment Provider, the App and Site may be used in accordance with these Terms of Service to receive access to the Payment Service provided by Payment Providers for unlimited payment transactions in return for the per-payment fees and custom rates (for payments in any calendar month having an aggregate value in excess of £20,000 or such other amount as may be specified) specified on the Site. Please note that Payment Providers may vary their charges from time to time in accordance with their own terms of business.
Access to the SmartTrade Accounts Management Service (via either our Solo or Enterprise package) is subject to payment in arrears of our then current monthly fee or payment in advance of our then current annual fee, each as specified on the Site. Monthly fees must be paid during the month for which the SmartTrade Accounts Management Service is being provided, no later than the last working day of that month. The annual fee must be paid upon registering for the SmartTrade Accounts Management Service for twelve (12) months on our App or Site. Please note that We may increase our fees for the SmartTrade Account Management Service from time to time by giving you not less than 30 days’ notice by email or via the App or Site. Your rights to terminate if you do not wish to accept any such increase are set out at the section headed “Termination” below.
The Payment Providers pay you for your transactions minus their fees into your designated bank account, typically within 7 working days for card transactions and 10 working days for eCheques.
A certain amount of your funds may be subject to an additional hold period by the Payment Providers with terms determined by your perceived risk and transaction history. Please consult your agreement with the Payment Providers for further information on their payment terms.
You are responsible for refunds, returns, and liable for customer disputes. Please see “Your Liability” below for further information.
If our third party underlying card acquiring or banking transaction handling fee costs change we have the right to increase our transaction fee and/or subscription charge to cover these additional costs. In the event that we add additional features to any of our Subscription Packages (including within Promotions) we retain the right to charge for these new additional services.
Due to increased processing charges from our underlying card acquirer you will be subject to a 1.50% additional surcharge when charging any customer credit- or debit cards originating from outside the European Union. The surcharge will be added to your transaction rate at the time of the transaction.
Whilst We aim to provide uninterrupted Services, unfortunately we cannot guarantee this. We will use reasonable endeavours to minimise any disruption to the Services (for example, by endeavouring to limit App and Site maintenance activities to non-business hours) and wherever reasonably possible, We will provide advance warning on our Site and App of any known or planned interruptions. Interruptions may also be caused by factors beyond our reasonable control. If circumstances happen that are beyond our reasonable control, We will not be liable for any failure to perform our obligations under these Terms of Service because of those circumstances, and We will be excused from that failure for so long as those circumstances continue. Interruptions caused by factors outside our control may include, but are not limited to, failure of our telecommunications or internet service provider, or actions or omissions of Payment Providers.
You shall provide us with accurate information when registering to use our App and/or our Site, including that you are over 18 years old or the legal minimum age in the jurisdiction from which you are accessing our App and/or Site, whichever is the higher.
The Services are only made available to persons or entities that operate a business selling goods and / or services, and they are not made available to persons to accept card payments for personal, family or household purposes. To use the Services for your business, you will first have to register for our App or Site. When you register, We will collect information including your name, business name, location, email address, business identification number and phone number. If you have not already done so, you will also be required to provide an email address and password to access our App and Site. You must also provide information about an owner or principal of the business and you must be authorised to act on behalf of the business and have the authority to bind the business to these Terms of Service.
From time to time, We may restrict access to some parts of our Site and App to members who have registered with us.
You must treat your password and any other piece of information that We provide you with as part of our security procedures, as confidential, and you must not disclose it to any third party. We have the right to disable any user password or account, whether chosen by you or allocated by us, at any time and to suspend access to the Services accordingly if in our opinion you have failed to comply with any of the provisions of these Terms of Service.
You are responsible for making all arrangements necessary for you to have access to our App and our Site. You are also responsible for ensuring that all persons who access the App or our Site through your internet connection are aware of these Terms of Service, and that they comply with them.
You acknowledge that the terms of agreement between you and your respective mobile network provider (“Mobile Provider”) will continue to apply when using our App. As a result, you may be charged by your Mobile Provider for access to network connection services for the duration of the connection while accessing the App or any such third party charges as may arise. You accept responsibility for any such charges that arise.
If you are not the bill payer for the mobile device being used to access the App, you must receive permission from the bill payer before using the App on the mobile device.
In order to use the App and Site, you are required to have a compatible mobile telephone or handheld device, internet access, and the necessary minimum specifications (“Minimum Software Requirements”). The Minimum Software Requirements are as follows: Apple iOS devices running iOS 5, and a PC or Mac running Google Chrome. Use of Internet Explorer is not recommended. The version of our App may be upgraded from time to time to add support for new functions and services.
You will only accept payments and use the Services for transactions between you and your customers for the bona fide sale of lawful goods or services and related account management activities. You will not solicit or use your customers’ card details for any purpose other than to process payment for such goods and services. You will comply with all applicable laws, rules, regulations and orders of governments having jurisdiction in connection with your use of the App, the Site and the Services.
Intellectual Property Rights
We are the owner or the licensee of all intellectual property rights in and to our App, our Site and the SmartTrade Accounts Management Service, and in the material published on the App and the Site. These works are protected by copyright and trade mark laws and treaties around the world. All such rights are reserved.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as owners of our App or our Site must always be acknowledged.
You must not use any part of the materials on our App or our Site for commercial purposes without obtaining written consent from us or our licensors.
If you print off, copy or download any part of our App or our Site in breach of these Terms of Service, your right to use our App and our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
You will not, nor allow third parties on your behalf to:
- Make and distribute copies of the App or the Site;
- Attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the App or the Site or any underlying software which is used to operate the App or the Site; or
- Create derivative works of the App or the Site, or of any underlying software which is used to operate the App or the Site, of any kind whatsoever.
- Our Liability
- Subject to the below paragraphs, our maximum responsibility and liability to you (including in negligence) in relation to these Terms of Service will be limited to paying you an amount equal to the total amount of fees you paid to us in the 6 months prior to the incident for which We are responsible.
We will not be responsible for any of the following:
- Loss or damage which we could not have reasonably known about at the time you registered for the Services (sometimes called indirect, consequential, incidental or special damage);
- Loss or damage you suffer as a result of us or any Payment Provider not providing any Services or making the App or the Site available because of something beyond our control;
- Loss or damage caused by the acts or omissions of any third parties;
- Loss or damage caused by any action or omission of any Payment Provider.
- Loss or damage you suffer which arise from you using the Services other than as described on our Site, the App or in these Terms of Service, including without limitation if We actually knew or should have known about the possibility you could experience such loss.
This does not limit our liability for death or personal injury arising from our negligence, or our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under the applicable law.
You shall indemnify and keep indemnified and hold harmless SmartTrade from and against any losses, damages, liability, costs (including legal fees) and expenses incurred by SmartTrade as a result of or in connection with any action, demand or claim arising out of or relating to your breach of any provision of (i) these Terms of Service and/or your use of the Services, the App and/or the Site; and (ii) the terms of your agreement with any Payment Provider.
You must not misuse our App and/or our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our App and/or our Site, the server on which our App and/or our Site is stored or any server, computer or database connected to our App and/or our Site. You must not attack our App and/or our Site via any denial-of-service attack or any distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and We will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our App and/or our Site will cease immediately without notice.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your mobile device, computer equipment, mobile device and/or computer programs, data or other proprietary material due to your use of our App and/or our Site or to your downloading of any material posted on them, or on any website linked to them.
You may link to our App and/or home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. We reserve the right to remove any link you may make to our App and/or Site at our sole and absolute discretion.
You must not establish a link from any website that is not owned by you.
Our Site must not be framed on any other site, nor may you create a link to any part of our Site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in these Terms of Service.
If you wish to make any use of material on our App and/or our Site other than as expressly set out above, please address your request to email@example.com.
You may use our App and/or our Site only for lawful purposes. You may not use our App and/or our Site:
- In any way that breaches any applicable local, national or international law or regulation.
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
- For the purpose of harming or attempting to harm minors or any other person in any way.
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
- You also agree not to access without authority, interfere with, damage or disrupt:
- Any part of our App and/or our Site;
- Any equipment or network on which our App and/or our Site is stored;
- Any software used in the provision of our App and/or our Site; or
- Any equipment or network or software owned or used by any third party.
- If you conduct any of these businesses. Therefore you are confirming that you will not use the Service to accept payments in connection with the following businesses, business activities or business practices: (1) door-to-door sales, (2) offering substantial rebates or special incentives to the Cardholder subsequent to the original purchase, (3) negative response marketing, (4) engaging in deceptive marketing practices, (5) sharing Cardholder’s data with another merchant for payment of up-sell or cross-sell product or service, (6) evading Card Network’s chargeback monitoring programs, (7) engaging in any form of licensed or unlicensed aggregation or factoring, (8) airlines, (9) age verification, (10) age restricted products or services, (11) bail bonds, (12) bankruptcy lawyers, (13) bidding fee auctions, (14) collection agencies, (15) chain letters, (16) cheque cashing, wire transfers or money orders, (17) counterfeit goods, (18) currency exchanges or dealers, (19) embassies, foreign consulates or other foreign governments, (20) firms selling business opportunities, investment opportunities, mortgage consulting or reduction, credit counseling, repair or protection or real estate purchases with no money down, (21) credit card and identity theft protection, (22) cruise lines, (23) essay mills, (24) flea markets, (25) drug paraphernalia, (26) extended warranties, (27) fortune tellers, (28) “get rich quick” schemes; (29) gambling (including but not limited to lotteries, Internet gaming, contests, sweepstakes, or offering of prizes as an inducement to purchase goods or services), (30) sports forecasting or odds making, (31) illegal products or services, (32) mail-order brides, (33) marijuana dispensaries and related businesses, (34) money transmitters or money service businesses, (35) multi-level marketing or pyramid schemes, (36) online or other non-face-to-face pharmacies or pharmacy referral services, (37) prepaid phone cards, phone services or mobile phones, (38) pseudo pharmaceuticals, (39) quasi-cash or stored value, (40) securities brokers, (41) sexually-oriented or pornographic products or services, (42) shipping or forwarding brokers, (43) substances designed to mimic illegal drugs, (44) telemarketing, (45) telecommunications equipment and telephone sales, (46) timeshares, (47) travel agencies or travel clubs, (48) online or other non-face-to-face tobacco or e-cigarette sales, (49) weapons and munitions (50) virtual currency that can be monetised, re-sold or converted to physical or digital goods or services or otherwise exit the virtual world, (51) personal computer technical support, (52) selling video game or virtual world credits (unless you are the operator of the video game or virtual world), (53) selling social media activity, such as Twitter followers, Facebook likes or Youtube views, (54) human hair, fake hair or hair-extensions, (55) any product or service that infringes upon the copyright, trademark or trade secrets of any third party, or (56) any product, service or activity that is deceptive, unfair, predatory or prohibited by one or more Card Networks.
By accepting this Agreement you confirm that you satisfy these requirements and will continue to do so in connection with your use of the Service.
The Terms of Service are effective upon the date you agree to them as evidenced by your registration for the Service and continue so long as you use the Services or until terminated by you or SmartTrade in accordance with the following section.
You may terminate your agreement with us by closing your SmartTrade account at any time by following the instructions on our App or Site. You may stop your subscription by downgrading your SmartTrade account by going online to cancel your automatic monthly or annual subscription in the ‘My account’ settings section and select ‘Downgrade’, so that you are not renewed. We’ve had merchants ask for refunds on their subscriptions as they haven’t used the app, we still have to support the cost of the service and our customer support so we aren’t able to do that. Subject to the following paragraph, We may terminate our agreement with you and close your SmartTrade account for any reason effective upon providing you two (2) months’ prior notice at any time.
If you are a Solo or Enterprise user, notice to terminate given by us to you will be deemed to expire at the end of the month in which such notice actually expires but if you have received two (2) months’ notice of termination from us you may close your SmartTrade account before expiry of that notice, by following the instructions on our App or Site. Note that if you are paying monthly fees, you will not receive a refund for the month in which the agreement terminates. If you have paid an annual fee in advance, you will receive a refund of the fee calculated on a pro-rata basis for every full month following termination. We will issue such a refund within forty-five (45) days of termination.
We may suspend your access to the Services or any part of them, or terminate our agreement with you immediately upon notice to you, if We determine in our sole discretion that there has been a breach of these Terms of Service or upon request of a Payment Provider, or if any other provision of these Terms of Service permits us to do so. Note that if you are paying monthly fees you will not receive a refund for the month in which the agreement terminates. If you have paid an annual fee, any refund in these circumstances will be at our sole discretion.
Our agreement with you on these Terms of Service will automatically and immediately end if you become bankrupt or your business is not able to pay its debts, stops trading or becomes insolvent. In those circumstances We shall have no further obligation to you under the Terms of Service.
We may revise these Terms of Service at any time. Any changes We may make to our Terms of Service will be posted on our Site and, where appropriate, notified to you by e-mail or other appropriate means. You are expected to check our Site from time to time to take notice of any changes We made, as they are binding on you. Some of the provisions contained in these Terms of Service may also be superseded by provisions or notices published elsewhere on our App and/or our Site.
The Terms of Service and other policies posted on our App and/or our Site constitute the entire agreement between us and you and supersede any prior agreement.
If We do not enforce any of these terms, We are not waiving our rights to do so later.
We may assign this agreement in our sole discretion.
The English courts will have exclusive jurisdiction over any claim arising from, or related to, our App and/or our Site and these Terms of Service.
These Terms of Service and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
For the purposes of the Data Protection Act 1998, SmartTrade App Ltd (“we” or “us”) is the “data controller” (i.e. the company that is responsible for, and controls the processing of, your personal data).
We will obtain personal data about you (such as your title, name, address, email address and phone number) whenever you complete an online form. For example, we will obtain your personal data when you register to use our App or Site, use the Service to make or receive payments, send us feedback or contact us for any reason.
Occasionally we may receive information about you from other sources (such as credit reference agencies), which we will add to the information we already hold about you in order to help us improve and personalise our service to you.
We may share your information with Payment Providers in order to facilitate your relationship with them and their provision of the Payment Service.
We may also use your personal data for the following purposes:
- Improving our services;
- Research, statistical analysis and behavioural analysis;
- Where we are required to do so, reporting any matter to the relevant law enforcement authorities;
- Customising our App and Site and its content to your particular preferences;
- To notify you of any changes to our App or Site or to the Services that may affect you; and
- Security vetting.
If you have given permission, or you use the Service and we are telling you about similar products and services to the ones you have previously used or asked us about, we may use your details to contact you from time to time about products and services that may be of interest to you. If you prefer not to receive any direct marketing communications from us, you can opt out at any time. See further 'Your rights', below.
We will use reasonable technical and organisational measures to safeguard your personal data, for example access to your account is controlled by a password and username that are unique to you and we store your personal data on secure servers.
While we will use reasonable efforts to safeguard your personal data, you acknowledge that the use of the internet is not entirely secure and for this reason we cannot guarantee the security or integrity of any personal data that are transferred from you or to you via the internet.
We may monitor and record communications with you (such as telephone conversations and emails) for the purpose of quality assurance and training.
You have the right, subject to the payment of a small fee (currently £10), to request access to personal data that we may process about you. If you wish to exercise this right, you should put your request in writing, include proof of your identity and address (e.g. a copy of your driving licence or passport, and a recent utility or credit card bill), attach a cheque in the amount of £10 made payable to SmartTrade App Ltd and specify the personal data you want access to, including any account or reference numbers where applicable.
You have the right to require us to correct any inaccuracies in your data free of charge. If you wish to exercise this right, you should put your request in writing, provide us with enough information to identify you (e.g. account number, username, registration details) and specify the information that is incorrect and what it should be replaced with.
The first is to collect system-related information, such as the type of internet browser and operating system you use, the website from which you have come to our Site, the duration of individual page views, paths taken by visitors through the Site, and other general information and your IP address (the unique address which identifies your computer on the internet) which is automatically recognised by our web server. This information is collected for system administration and to report aggregate information to our subcontractors and partners to enable them to provide services to us. It is statistical data about our users' browsing actions and does not, of itself, contain any personally identifiable information. It is often not possible to identify a specific individual from this information, although for example we may be able to identify it relates to a specific individual in conjunction with other information in our control.
The second is that cookies are also used when registered users access the private sections of our Site. Cookies are used to facilitate the log in process. In this case, we may be able to identify that your login details have been used
Most web browsers offer users controls, to give you the option to delete or disable cookies. You can usually find out how to do so by referring to the ‘Help’ option on the menu bar of your browser, or by visiting the browser developer's website. This will usually tell you how to prevent your browser from accepting new cookies; notify you when you receive new cookies; and disable cookies altogether. Please note that disabling cookies will stop you accessing private areas of the Site.
This website uses Google Analytics, a web analytics service provided by Google Inc. ( "Google"). Google Analytics uses. "Cookies", text files that are stored on your computer, to help analyze how users use the website. The information generated by the cookie about your use of this website (including your IP address) is transmitted to a Google server in the USA and stored there.
Google conversion tracking and Google Re-marketing
Google conversion tracking is an analysis service of Google Inc. (1600 Amphitheatre Parkway, Mountain View, CA 94043; "Google") to measure the success of our running on Google advertising (AdWords). It set a cookie on your computer when you access our website via a Google ad on Google. These cookies are not used to personally identify you. Using Google conversion tracking and Google, we can see that someone has clicked on our Google ads and has been forwarded to our site. We can not see what other websites you have visited. The information collected by Google conversion tracking are used to compile statistics on success and use of our AdWords campaigns. We do not obtain information that can identify a user personally.
We use our website as well the re-marketing technologies from Google.
Disclosure of your information
We may share your personal information with any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.
We may share your information with selected third parties including:
- Business partners, suppliers and sub-contractors for the performance of any contract we enter into with them or you.
- Advertisers and advertising networks that require the data to select and serve relevant adverts to you and others.
- Analytics and search engine providers that assist us in the improvement and optimisation of our site. This may include the use of Google Analytics; more data on how Google uses data obtained through Google Analytics can be found at this link to the Google website: https://www.google.com/policies/privacy/partners/.
- We may disclose your personal information to third parties:
- If we conclude that is is required by law or in good faith believe that access, preservation or disclosure of the data is reasonably necessary to protect the rights, property, or safety of the SmartTrade App Ltd or any member of its group, its users or the public
- In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
- If SmartTrade App Ltd or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
In all such circumstances we will use reasonable efforts to ensure that the minimum possible personal information is shared and the parties with which the data is shared are subject to an agreement that obliges them to process your personal information on our instruction and with appropriate confidentiality and security measures.
We welcome your feedback and questions. If you wish to contact us, please send an email to firstname.lastname@example.org or you can write to us at 10-16 Scrutton Street, London EC2A 4RU or call us on 0203 322 8414. Our registered office is 10-16 Scrutton Street, London EC2A 4RU.
We may update this Policy from time to time. You should check this Policy occasionally to ensure you are aware of the most recent version.