Terms and Conditions for SmartTrade App Ltd

13 December 2018

We have made minor revisions to the Terms and Conditions. By continuing to use our services, you agree to the new Terms and Conditions. 

Table of Contents

  1. Introduction
  2. About us
  3. The SmartTrade App Service
  4. System Requirements
  5. Business Conduct
  6. Intellectual Property Rights
  7. Our Liability
  8. Your Liability
  9. Termination
  10. Revisions to Terms and Conditions
  11. Entire Agreement
  12. Legal Jurisdiction

1. Introduction

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.

This page (together with the documents referred to on it) tells you the Terms and Conditions  (“T&C”) 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 and Conditions 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 and Conditions and that you agree to abide by them. If you do not agree to these Terms and Conditions, 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 AND CONDITIONS.

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

2. About Us

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

Our registered office at First Floor, 10-16 Scruton Street, London, EC2A 4RU, United Kingdom.

3. 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 take Pay by Bank app payments and 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 and Conditions, 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 and Conditions 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 and Conditions to receive access to the Payment Service provided by Payment Providers for unlimited payment transactions in return for the per-payment fees 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 Subscription packages) 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, within 2 working days for Pay by Bank app and card transactions.

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 additional surcharges when charging any customer credit- or debit cards originating from outside the European Union (please see Transaction Fees on our Support Centre for up to date rates). 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 and Conditions 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 personal and business name, personal and business location, email address, industry sector, business type (e.g. Sole Trader, Limited Company) 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 and Conditions. The ID verification will include a Photo ID and a proof of address (e.g. utility bill or bank statement within the past 3 months).

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 and Conditions.

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 and Conditions, 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.

4. System Requirements

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 a minimum iOS operating system, that is updated and published on our App Store; 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.

5. Business Conduct

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.

6. 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 and Conditions, 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:

7. Our Liability

Subject to the below paragraphs, our maximum responsibility and liability to you (including in negligence) in relation to these Terms and Conditions 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:

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.

8. Your Liability

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 and Conditions and/or your use of the Services, the App and/or the Site; and (ii) the terms of your agreement with any Payment Provider.

We process information about you in accordance with our Privacy Policy (please see separately on our web-site), with any revised Policy, posted since 25th May 2018, to encompass EU GDPR conditions. By using our App and/or our Site, you consent to such processing and you warrant that all data provided by you is accurate.

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.

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 and Conditions.

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 support@smarttradeapp.com.

You may use our App and/or our Site only for lawful purposes. You may not use our App and/or our Site:

You also agree not to access without authority, interfere with, damage or disrupt:

You are confirming that you will not use the Service to accept payments in connection with businesses, business activities or business practices that have been prohibited by the Payment Providers. Please see separate Terms and Conditions for the Payment Providers when signing up to the App. In addition, you are confirming that you will not use any product or service that infringes upon the copyright, trademark or trade secrets of any third party, or 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.

9. Termination

The Terms and Conditions 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 still have to support the cost of the service and our customer support so are unable to provide refunds to customers on subscriptions during periods when they have been inactive. SmartTrade offers the flexibility to downgrade to the Free Plan and to upgrade to Subscribed plans at any time.

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.

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 and Conditions or upon request of a Payment Provider, or if any other provision of these Terms and Conditions 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 and Conditions 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 and Conditions.

10. Revisions to Terms and Conditions

We may revise these Terms and Conditions at any time. Any changes we make to our Terms and Conditions 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 and Conditions may also be superseded by provisions or notices published elsewhere on our App and/or our Site.

11. Entire Agreement

The Terms and Conditions 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.

12. Legal Jurisdiction

The English courts will have exclusive jurisdiction over any claim arising from, or related to, our App and/or our Site and these Terms and Conditions.

These Terms and Conditions 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.