Gebruiksvoorwaarden

[Deze pagina wordt zeer binnenkort vertaald naar het Nederlands]

These terms of use (“Terms of Use”) govern the use of the payment initiation services and the account information services ibanXS agrees to make available and provide (the “ibanXS Services”) to ibanXS-Users through the services of a third party service provider (“TPP”).

When you use the ibanXS Services or let us know you intent to use them by registering, applying or otherwise accepting these Terms of Use, in addition to the agreement you have with such third party service provider (“TPP”) you conclude an ibanXS-User agreement (“ibanXS-User Agreement”) with ibanXS. These Terms of Use apply to such ibanXS-User Agreement.

Read these Terms of Use carefully and contact ibanXS for questions, and personal contact: Contact.

1.

Some formalities

1.1

In these terms of Use, the ibanXS User is sometimes referred to as ‘you’. Unless you use the ibanXS Services as a private person and not as or on behalf of a business, is such case “you” refers to the natural person who is:

(a)

duly authorised to represent the ibanXS-User to enter into a binding ibanXS User Agreement (“Legal Representative”); or

(b)

a representative of the ibanXS User authorised to use the ibanXS Services on behalf of the ibanXS-User (“Authorised User”).

1.2

At the time of registration or application, ibanXS is unable to ascertain that the person who registers or applies for the ibanXS Services (you) is the Legal Representative of the ibanXS-User. Therefore by accepting these Terms of Use, you warrant, and ibanXS may depend on such warranty that such person (you) is duly authorised to represent the ibanXS User.

1.3

In case ibanXS determines thereafter that you were not the Legal Representative of the ibanXS User and ibanXS cannot obtain approval of the ibanXS-User’s effective Legal Representative for conclusion of the ibanXS User Agreement, ibanXS can forthwith block the ibanXS User’s ability to use the ibanXS Services or forthwith terminate the ibanXS User Agreement.

1.4

If you use the ibanXS Services as a private person, then we may assume you’re of legal age or permitted by your parents or guardian, given your existing agreement with the TPP.

2.

Making an acquaintance with ibanXS

2.1

The ibanXS Services are payment initiation services (“ibanXS PIS”) and account information services (“ibanXS AIS”). These are payment services as defined in the Payment Services Directive (also known as PSD2) (“Payment Services”). ibanXS is a licensed payment institution authorised to provide these payment services. Payment initiation services and account information services are the Payment Services referred to under numbers 7 and 8 of Annex 1 to PSD2.

2.2

Below, more information about ibanXS:

Company name:

iban-XS B.V.
A limited liability company incorporated under the laws of The Netherlands and registered in the commerce register under number: 74638858

Address:

Leidseweg 49
2252 LA Voorschoten
The Netherlands

Registration number at Dutch Central Bank / European Banking Authority:

R163657

More information about ibanXS ’s authorization to provide Payment Initiation Services and Account Information Services as a payment institution here:

3.

ibanXS and the TPP

3.1

You are a user of the services of the TPP. Hereinafter, we refer to the TPP as the “ibanXS Partner” and to the services the TPP provides as “Partner Services”. The TPP is one of the parties to which ibanXS has given the right to enable the partner’s users to initiate payments from within the technical environment of the Partner Services or to integrate their bank account information for their use in the Partner Services. Whenever that is the set-up, these same Terms of Use apply.

3.2

It is important to know that the ibanXS Partner not providing the payment initiation services or account information services itself. Those services are provided by ibanXS, as ibanXS is authorised by the Dutch Central Bank to do so, having the appropriate licences in place. The Partner Services merely are services with a financial component, they can be Payment Services, but as the ibanXS Partner is not authorised to provide payment initiation services or account information services itself, the Partner Services are not the specific form of Payment Services of ibanXS. The ibanXS User Agreement hence is concluded between ibanXS and you as an ibanXS User.

3.3

Only if the user of the Partner Services expresses its wish to be enabled to use the ibanXS Services, and if the user of the Partner Services is accepted as a party with which ibanXS is prepared to enter into a business relationship (as further explained in article 4), data that is needed for the ibanXS-User’s use of the ibanXS Services is – securely – exchanged between the systems of ibanXS and the ibanXS Partner.

3.4

ibanXS charges the ibanXS Partner for use by the ibanXS User of the ibanXS Services. The ibanXS User will not receive direct invoices from ibanXS when payments have been initiated or account information has been obtained and used through the Partner Services. Invoices the ibanXS User will receive originate from and are due to the ibanXS Partner.

4.

Customer Due Diligence

4.1

The provision of the ibanXS Services is subject to ibanXS accepting the ibanXS User as a party to enter and maintain a business relationship with. From time to time, ibanXS – or the ibanXS Partner acting upon instruction and on behalf of ibanXS – may request or make it possible to the ibanXS User to provide such information and documentation as is needed for the performance by ibanXS of CDD (“CDD Data”, ‘CDD’ herein stands for “customer due diligence’ ). The ibanXS User shall promptly submit any such CDD Data ibanXS makes a request for and warrants that any of these are true, complete and accurate. The ibanXS User shall keep ibanXS informed of any changes to any CDD data previously provided.

4.2

Important note: an ibanXS user who is a Politically Exposed Person (“PEP”) shall be given special attention in the process of CDD. Unless an ibanXS User notifies ibanXS that it is in fact a PEP, the use by the ibanXS User of the ibanXS Services is subject to the warranted declaration below. For information about the word PEP and to determine whether you are a PEP reference is made to www.ibanXS.eu

“I, Legal Representative of the ibanXS User, am not a Politically Exposed Person (PEP) as defined in article 1 of the Dutch Anti- Money Laundering Act (2020). “

4.3

If the ibanXS User is a PEP when expressing its intention to use the ibanXS Services or if the ibanXS User becomes a PEP during its use of the ibanXS Services the ibanXS User shall notify ibanXS immediately through www.ibanxs.eu.

4.4

Furthermore, if ibanXS requests any other information in the light of the provision of the ibanXS Services or requires cooperation by the ibanXS user in any other way for identification, verification or investigation, ibanXS User shall do as requested within the timelines instructed.

4.5

If ibanXS finds out or suspects that the information provided is somehow not correct, incomplete, untruthful, ibanXS can decide, in its sole discretion, to block provision of the ibanXS Services to the ibanXS User and terminate the ibanXS User Agreement and even deny future use of the ibanXS Services going forward. The same applies when the ibanXS User refuses to cooperate.

5.

Explicit Consent to access

5.1

The basis for use of the ibanXS Services is that ibanXS can access the payment account of the ibanXS User. That payment account must be an account opened and held in the name of the ibanXS User at an Account Servicing Payment Services Provider (a bank, when said simpler). (“ASPSP/bank”), to which the ibanXS User has access through the internet (“Payment Account”). For use of the payment account, an agreement is in place between the ibanXS User and such ASPSP/bank. ibanXS can only gain and is only allowed to gain such access if the ibanXS User gives explicit consent to ibanXS to gain such access and only for the purpose of providing the ibanXS Services, hence ibanXS can only provide the ibanXS Services in respect of Payment Accounts for which the ibanXS user gave its explicit consent (“Consented Payment Accounts”).

5.2

Whenever the ibanXS User wishes to undertake an activity using the ibanXS Services, i.e. wishes to initiate a payment or wishes to obtain account information, and if such activity legally requires the ibanXS user’s explicit consent or if ibanXS deems it appropriate, ibanXS will only enable the ibanXS User to proceed with such activity if the ibanXS User gives its consent or affirms or re-affirms a consent previously given by the ibanXS User ticking a box, clicking a button or  undertaking another form of checkbox validation.

5.3

To the extent the data which ibanXS processes by gaining access to the ibanXS User’s Consented Payment Account qualifies as personal data in the sense of the GDPR (“Personal Data”), the explicit consent given by proceeding as described in article 5.2 is deemed to include the ibanXS’ Users explicit consent to the processing by ibanXS of that Personal Data of the ibanXS User. Although the ibanXS User cannot use the ibanXS Services without so proceeding the explicit consent will be deemed given freely, specific, informed and unambiguous, as legally required, as part of ibanXS’ design of the process.

5.4

For the ibanXS User’s use of the ibanXS Services, ibanXS will only process the Personal Data necessary for the provision of the ibanXS Services and only with the explicit consent of the ibanXS User, provided as set forth in article 5.3. More information relating to the processing of Personal Data by ibanXS can be found in ibanXS Privacy Policy, which can be found.

5.5

Personal Data, account data, personalised security credentials, authentication data, sensitive payment data or any other information or data of the ibanXS User that ibanXS obtains access to, processes or retains in the process of providing the ibanXS Services, ibanXS shall process in compliance with its obligations under the Dutch Financial Supervision Act and, where they qualify as Personal Data, the GDPR and any other applicable law.

5.6

ibanXS can only provide the ibanXS Services in respect of payment accounts which are accessible online.

5.7

At any time, the ibanXS can withdraw its explicit consent in respect of a Consented Payment Account by proceeding the process designed by ibanXS for that purpose as shown on www.ibanXS.eu.

5.8

ibanXS keeps log-files to monitor the consent given for and withdrawals of consents obtained in respect of Consented Payment Accounts. The log files and any other relevant information available in ibanXS systems to keep track of the consented statuses of Payment Accounts will serve as proof, unless the ibanXS User serves convincing proof to the contrary. The list of Consented Payment Accounts is made available in the Partner Services.

6.

ibanXS Payment Initiation Services

6.1

The ibanXS Payment Initiation Services (“ibanXS PIS”) enable the ibanXS User to initiate payment orders from its Consented Payment Accounts through the Partner Services’ technical environment.

6.2

Initiation of a payment order means that ibanXS instructs the ASPSP/bank where the ibanXS User holds its Consented Payment Account, on behalf of the ibanXS User to execute a payment transaction. For the execution of payment transactions the terms and conditions of the relevant ASPSP/bank apply. So: ibanXS is responsible for transmission of the payment order and the ASPSP/bank of the ibanXS User is responsible for the execution of the payment transaction.

6.3

For the execution of payment transactions the ibanXS User’s consent is essential. To enable the ibanXS User to give its consent by ibanXS directs the ibanXS user to its ASPSP/bank where the ibanXS User proceeds through the authentication procedures provided by its ASPSP/bank. ibanXS does not receive (nor store) the ibanXS’ User’s security details used in this process of authentication.

6.4

If and as soon as ibanXS wishes to offer a method of authentication of its own, these Terms of use will be aligned with ibanXS applying such method.

6.5

Reporting of payments initiated by ibanXS will be shown in the Partner Services.

7.

Withdrawing consent

7.1

As set forth in article 5.7, the ibanXS User can withdraw its consent in respect of any Consented Payment Accounts at any time.

7.2

The ibanXS User shall acknowledge that it is not possible to withdraw consent given for an initiated payment order after the ibanXS User gave its consent, as set forth in article 6.3 for the specific payment order. From that moment onwards, the payment transaction shall be irrevocably executed by the ASPSP/bank. The ibanXS User can withdraw its consent for payment orders scheduled for future execution.

8.

ibanXS Account Information services

8.1

The ibanXS Account Information Services (“ibanXS AIS”) enable the ibanXS User to provide bank data (the legal word used in PSD2 is ‘consolidated information’) on its Consented Payment Account for the purpose of use by the ibanXS User within the Partner Services and for no other purpose, unless the ibanXS User gives its explicit consent for such other purpose Payment Accounts at any time.

9.

The provision of the ibanXS Services

9.1

ibanXS provides the ibanXS Services with due skill and care, in accordance with the IbanXS User Agreement and in compliance with applicable laws.

9.2

As the ibanXS User uses the ibanXS Services through the Partner Services, the ibanXS Services are only available as long as the integration of ibanXS’ systems and those of the ibanXS Partner and the agreement between them is in place.

9.3

The ibanXS Services are provided “as is” and “as available”. “As is” means they are provided in the same format and with the same functionalities for each ibanXS User. As the availability of the ibanXS Services depends on the availability of (i) the API Integration, (ii) third party information and (iii)  telecommunication infrastructure over which ibanXS has no control, ibanXS does not warrant that the ibanXS Services will be available at all times any time.

9.4

ibanXS is not liable for damages (irrespective the legal ground) incurred by the ibanXS User:

(a)

in relation to products or services paid for by the ibanXS user using ibanXS PIS; 

(b)

resulting from or connected to the unavailability of the ibanXS Services, for whatever reason; 

(c)

as a consequence of an ASPSP/bank refusing to execute a payment transaction; or 

(d)

otherwise resulting from or connected to the engagement by either party of a third party (payment) services provider.

10.

Privacy

10.1

To perform CDD and when providing the ibanXS Services,  ibanXS may receive Personal Data of representatives and members of staff of ibanXS User. IbanXS processes these as the Data Controller  in accordance with the ibanXS Privacy Declaration on www.ibanxs.eu. (capitalized words in this article have the meaning given to them in the GDPR).

11.

Obligations for the ibanXS User

11.1

The ibanXS User shall not violate:

(a)

in relation to products or services paid for by the ibanXS user using ibanXS PIS; 

(b)

these Terms of Use; 

(c)

any terms and conditions that apply to its use of the Partner Services; or  

(d)

the terms and conditions that apply to the Consented Payment Accounts; 

11.2

The ibanXS User shall not infringe ibanXS’ rights or harm ibanXS’ interests or those of others, particularly those of the beneficiary (or: payee) of the payment transaction.

11.3

The ibanXS User is solely responsible for all activities undertaken with the ibanXS Services using the ibanXS Users’ access or security credentials either used for access to the Partner Services, use of the ibanXS Services or authentication by the ASPSP/bank. The ibanXS user shall therefore:

(a)

store the related login details in a safe manner.; and 

(b)

abide with any instructions for use of its personal access or security credentials received from ibanXS, the ibanXS Partner or its ASPSP/bank. 

11.4

Upon learning or suspecting unauthorized use of the ibanXS Services, the ibanXS user shall immediately inform ibanXS (and the other parties involved).

11.5

The ibanXS User is not liable for unauthorized use that occurs after ibanXS was notified by the ibanXS User, and for which ibanXS has had the reasonable opportunity to act on such notice. To the extent permitted by law, the ibanXS User may be liable for the unauthorized use of the ibanXS Services that occurred prior to notifying ibanXS thereof.

11.6

ibanXS will hold ibanXS user liable for full compensation of any losses or costs, including reasonable legal fees, ibanXS incurs and has incurred arising out of any breach by the ibanXS User of the ibanXS User Agreement. 

12.

Support

12.1

The ibanXS user shall address any questions, criticism or feedback regarding ibanXS or the ibanXS Services to ibanXS, using the details provided for that purpose on www.ibanxs.eu or to the ibanXS Partner.

13.

Our liability

13.1

The integrity of ibanXS and the ibanXS Services are our main driver in business. Nevertheless ibanXS cannot guarantee that mistakes do not occur, that the ibanXS Services always function perfectly and that the ibanXS user is always safe using them. Unfortunately not all events that occur within ibanXS and not all use of and interaction with the ibanXS Services can be controlled. ibanXS shall therefore not be liable to the ibanXS User, no matter the legal basis (breach of contract, tort or otherwise) for any losses, arising from:

(a)

ibanXS user’s use of or ibanXS User’ inability to use the ibanXS Services, whether due to delays, interruptions, the blocking of ibanXS User’s access or use, suspension of the ibanXS Services for reasons that entitle ibanXS to do so as set forth in the terms of use;

(b)

viruses or other malicious software the ibanXS User obtained by using the ibanXS Services; 

(c)

anomalies, bugs, errors, or inaccuracies of any kind in the provision of the ibanXS Services other than wrongfully initiation payment transactions or making account information available; 

(d)

damage to ibanXS User’s hardware device from the use of the ibanXS Services; or 

(e)

anything a third party may do or not do when the ibanXS User is using the ibanXS Services. 

13.2

If ibanXS is found to be liable, the liability of ibanXS towards the ibanXS user is limited to an amount of maximal EUR 1,000.00.

13.3

Nothing in the ibanXS User Agreement shall limit or exclude the liability of a party for damages resulting from gross negligence or wilful intent or for any other liability that cannot be limited or excluded by law.

14.

Term and termination

14.1

The ibanXS User Agreement is concluded for an indefinite term. The ibanXS User has the right to stop use of the ibanXS Services and terminate the ibanXS User Agreement at any time by notifying ibanXS as prescribed on www.ibanxs.eu. Except in case of the circumstances set forth in article 14.2, ibanXS has the right to terminate the ibanXS User Agreement by giving 2 months advance notice;

14.2

XS has the right to terminate the ibanXS Agreement, with immediate effect and without liability towards the ibanXS User if the ibanXS User fails to perform its obligations under the User Agreement and, if such failure to perform can be remedied, fails to remedy the breach within ten (10) days after having been given notice of such non-performance by ibanXS;

14.3

ibanXS has the right to suspend the availability of the ibanXS Services and hence make use of the ibanXS Services in whole or part temporarily impossible in case: 

(a)

ibanXS reasonably believes that the ibanXS User uses the ibanXS Services in violation of these User Terms; or 

(b)

or for Regulatory Reasons. 

14.4

Regulatory Reasons herein refers to any instance where providing the ibanXS Services, or any part thereof, would, in ibanXS’ reasonable opinion, result in a violation of applicable laws or regulations or otherwise be prohibited. Such laws and regulations include, without limitation, any laws and regulations on the subject of Know Your Customer (KYC) or Anti Money Laundering (AML). 

14.5

Unless it is prohibited to do so or if ibanXS deems there are other (security) reasons not to do so, ibanXS will notify the ibanXS User of any blocking, suspension, exclusions, limits, restriction and the reasons in advance.

15.

Amendments to the ibanXS User Agreement

15.1

Unless it is prohibited to do so or if ibanXS deems there are other (security) reasons not to do so, ibanXS will notify the ibanXS User of any blocking, suspension, exclusions, limits, restriction and the reasons in advance.ibanXS may wish to change these Terms of Use, for example as required by applicable law, to reflect a change in the ibanXS Services, or to correct any errors. IbanXS may change these terms on thirty days’ notice where such changes appear not to be in favour of the ibanXS User and otherwise without notice. The ibanXS User’s consent is deemed to have been given if the ibanXS User continues to use the ibanXS Services after the notified changes have become effective.

15.2

It is important that, and ibanXS will also inform the ibanXS User at the time of notification of intended changes, the ibanXS User at any time has the right to stop using the ibanXS Services.

15.3

ibanXS may wish to transfer the ibanXS User Agreement or the rights and obligations of ibanXS under it to a third party. IbanXS will  notify the ibanXS User before doing so.

16.

Applicable law, jurisdiction

16.1

The ibanXS User Agreement – including the form in which it was concluded and all rights and obligations arising from it – is subject to Dutch law. For ibanXS Users who are consumers, mandatory protective regulations of the law of the state in which ibanXS User has his habitual residence remain applicable.

16.2

Before submitting a complaint to the competent court, it’s preferred that ibanXS is made aware of the complaints. Complaints can be submitted via www.ibanXS.eu. If the ibanXS user is a consumer, and not satisfied by ibanXS’ complaint handling, the ibanXS User can submit the complaint to the Kifid complaints institute (www.kifid.nl).

17.

Definitions

17.1

The words use herein are, as good as possible, aligned with the words used and defined in PSD2. The ones used most are: 

(a)

ASPSP or Account Servicing Payment Services Provider, to make it easier in these user terms the abbreviation is used: ASPSP/bank;

(b)

Payment account: an account held in the name of the ibanXS User used for the execution of payment transactions; 

(c)

Payment Order: An instruction the ibanXS user gives to ibanXS requesting the execution of a payment transaction; 

(d)

PIS: Payment Initiation Services;

(e)

AIS: Account Information Services

17.2

ibanXS provides two forms of payment services: the ibanXS PIS Services and the ibanXS AIS Services, the ibanXS Services that will be provided will be agreed in the ibanXS User Agreement. 

17.3

The ibanXS user will use the ibanXS Services through the services another party (the ibanXS Partner) makes available to you. ibanXS does not accept any liability for the Partner Services provided by the ibanXS Partner.