Terms and conditions of Paylobby GmbH

1. Scope, use of Paylobby

This Website and the usage of the services of Paylobby GmbH, Heßstr. 96, 80797 München („Paylobby“) are not directed towards consumers.

They are directed towards traders for general information purposes and to find a suitable payment provider that processes payments of the traders’ goods and services (“Merchants”). It is in particular prohibited to use this website and Paylobby’s services for an activity of preparing, presenting and disseminating information, of arranging contracts and businesses, or of consulting based on the information comprised in this website. Further, all forms of “screen scraping”, “data scraping”, “data crawling” or other methods to extract data from this website, are prohibited.

The following terms and conditions apply to the arrangement of payment services of third parties by Paylobby.

Terms and conditions or other sets of rules of the Merchant do not apply.

Using the services of Paylobby is free of charge for the Merchant; they will be financed by advertising and cooperations with payment providers (e.g in that Paylobby may perhaps receive a commission if a Merchant and a payment provider conclude a contract). Paylobby does only act as neutral intermediary and arranges the contact between a Merchant and a payment provider. Paylobby does not offer services of a payment provider, and Paylobby does not participate in any service of a payment provider. Any contract for payment services will only be concluded between a Merchant and a payment provider. Paylobby has no influence in whether and to what conditions a contract will be concluded.

2. Intermediation services of Paylobby

Paylobby offers Merchants information about payment providers, broken down into countries, industries, payment methods and sales channels. The website allows Merchant to compose a selection according to their needs.

Merchants can also request an offer from one ore more payment providers, specifying their needs in the request.

The request form(s) will be forwarded by Paylobby to the respective payment provider(s) only after Paylobby and the Merchant have had a first interview. The respective payment provider(s) will decide at their own discretion to make contact with the Merchant and/or make an offer. After Paylobby has forwarded the request form(s) to the respective payment provider(s), Paylobby will not be contacted by the payment provider, and Paylobby is not involved in any further communication and a potential conclusion of a contract unless the Merchant explicitly requests this (see below, section 3).

Paylobby will contact a Merchant after some time following the last contact to obtain information about the current status.

3. Consulting services of Paylobby

Paylobby will contact a Merchant after Paylobby has received a request for an offer from one or more payment providers in order to consult the Merchant. Such consulting will be provided by Paylobby free of charge. Paylobby will only provide support in that regard; any decision concerning scope, details and other aspects of a request can only be made by the Merchant.

The Merchant is also entitled to contact Paylobby after the Merchant has received one or more offers to obtain an assessment of the offers from Paylobby. This assessment will be provided by Paylobby free of charge. Paylobby will only provide support in that regard; any decision concerning what offer will be accepted can only be made by the Merchant.

Paylobby shall provide consulting and assessment based on details provided by the Merchant, on the initial request, and (where applicable) on the present offer; unless certain aspects are obvious, Paylobby shall not be obliged to gather any further information. The Merchant is obliged to inform Paylobby comprehensively about its trade, requests and ideas, potential characteristics and obstacles as well as (where applicable) altered and new facts.

Paylobby restricts its consulting and assessment to financial conditions of a present offer. Paylobby does explicitly not consult to legal or tax-related aspects. This also applies insofar as legal or tax-related aspects may influence the financial result (e.g. due to tax-related characteristics, an offer seemingly better is more expensive in truth). The Merchant is obliged to take care of legal and tax-related consulting services on its own.

Even whenn Paylobby consults the Merchant and/or assesses a present offer, any contract for payment services will only be concluded between a Merchant and a payment provider. Paylobby has no influence in whether and to what conditions a contract will be concluded.

4. Warranty and liability

Paylobby shall use commercially reasonable efforts to provide up-to-date and correct information about payment providers. All information, in particular information about scope of services, payment methods and terms, is based on statements of payment providers and research of Paylobby. Paylobby shall also use commercially reasonable efforts to verify statements. However, Paylobby cannot be liable that all information about payment providers is up-to-date, complete, and correct, and that all information will be provided in a timely, complete and correct manner. Paylobby thus does not guarantee that information is correct nor that it is complete or up-to-date. Information provided does not constitute an offer to conclude an agreement for the services presented but does function as a type of individualized search engine that allows Merchants to look for suitable payment providers for the individual needs of the Merchant, and that supports Merchants to make a decision for a payment provider.

Paylobby shall use commercially reasonable efforts to portray the entire market for payment providers and payment solutions insofar as the information is publicly available or provided to Paylobby. Paylobby does not warrant to portray every payment provider in a given segment (in particular if Paylobby has doubts regarding the reliability of a payment provider or if Paylobby considers a payment provider not suitable for a large percentage of Merchants).

Paylobby does not warrant any suitability, availability or quality of the payment providers and payment solutions presented, and Paylobby does not assume any liability for the availability of the services presented. The sole responsibility in this regard lies with the payment provider that concludes a contract with a Merchant. None of the information provided constitutes a promise, a guarantee or a warranty from Paylobby.

Paylobby shall have unlimited liability in the event of intent or gross negligence or in the event of death, physical injury and impairment of health. Paylobby shall be only liable for typical and foreseeable damages in case Paylobby negligently breaches essential contractual obligations. Essential contractual obligations are defined as such obligations that enable the proper implementation of the contract with Paylobby possible in the first place, the fulfillment of which the Merchant relies on and may rely on. Paylobby does not assume any other liability.

• Paylobby does further not assume any responsibility and liability for
• Interruption or termination of the business of a payment provider listed
• Uninterrupted and continuous access to this website,
• Inaccurate, incomplete or misleading information or content
• Events outside of Paylobby’s sphere of responsibility

Paylobby is not liable for indirect damages and lost profits in the event of ordinary negligence.
The limitations and exclusions of liability above do not apply in the event of bad faith or in the event that Paylobby accepts a guarantee. The liability of Paylobby under the Product Liability Act remains unaffected. The limitations and exclusions of liability above shall also apply with regard to the liability of the legal representatives and vicarious agents of Paylobby. They sall also apply to all types of claims (incl. tort law).

5. Obligations of the Merchant, contractual penalty

Input and transfer of personal data of the Merchant will be done online via the input masks provided by Paylobby or via any other transfer method explicitly arranged by Paylobby. The Merchant is fully liable for completeness and accuracy of all data input or transferred by the Merchant. If the Merchant provides false, untrue or insufficient data, Paylobby is entitled not to process the request. In the event that the Merchant intentionally transfers false or untrue data Paylobby reserves the right to exclude the Merchant from Paylobby’s services and to demand compensation for all damages that result from such transfer.

The Merchant is obliged to review all documents and contracts received from the payment provider immediately and to inform the payment provider if there are discrepancies.

For every case of a culpable violation of the prohibition to use the website or Paylobby’s services for an activity of preparing, presenting and disseminating information, of arranging contracts and businesses, or of consulting based on the information comprised in this website, or to engage in any form of “screen scraping”, “data scraping”, “data crawling” or other methods to extract data from this website, the Merchant is obliged to pay a contractual penalty amounting to EUR 2.500,- (two thousand five hundred Euro). Paylobby is entitled to demand payment as a whole only after multiple violations. Objection of continuation of offence is waived. Any other claims for damages beyond said contractual penalty shall remain unaffected thereby; Paylobby may exclude the Merchant from Paylobby’s services. All copyrights, rights to use and property rights are reserved.

Please consult further information from payment providers regarding further costs and price compnents as well as further terms. Any comparison made by Paylobby does not take into account all factors that may be decisive for the value of an offer and should thus not be your only criteria to make a decision. If a hyperlink opens a new browser window, the information in such tab or window are provided by a third party and not Paylobby. Paylobby reserves the right to discontinue this service and to exclude IP numbers from this service.
All rights to texts and pictures belong to Paylobby. Copying and publishing texts and pictures (both online and offline) is prohibited respectively subject to Paylobby’s prior explicit approval. It is forbidden to modify, copy, download or otherwise make available (e.g. as part of other websites) this website or its content in part of in whole without Paylobby’s prior explicit approval.

Any use that goes beyond the scope of use as laid down in these terms and conditions is strictly prohibited. All marks of third parties presented on this website are subject to such third parties’ rights. These terms and conditions do not allow any rights to use marks, copyrights or other rights of third parties.

6. Data protection

With regard to data protection, please consult the current privacy policy.

7. Miscellaneous

This website might contain advertising, in particular from payment providers, that may be relevant for the Merchant.

These terms and conditions are conclusive for the relationship between Paylobby and a Merchant. In the event that a provision of these terms and conditions or a part of such a provision is or becomes void, that does not affect the validity of these terms and conditions as a whole.

The relationship between a Merchant and Paylobby is governed by German laws without its conflict of laws principles.

Insofar as the Merchant is a merchant, a legal entity under public law or a special fund under public law, exclusive place of jurisdiction shall be the district of the “Landgericht München”.