This appendix applies between SBB Solutions AB, company registration number 559588-1433, Östra Gränsgatan 2, 283 72 Lönsboda, Sweden ("SBBPOS"), and the customer who buys or rents a payment terminal through SBBPOS (the "Customer"). All amounts are in SEK, excluding VAT.
1.1 This appendix applies when the Customer buys or rents a payment terminal from Westpay AB ("Westpay") through SBBPOS, and when the Customer uses the Card Payments (Westpay) module or related Westpay modules.
1.2 This appendix forms part of the SBBPOS User Agreement. In matters concerning the terminal, this appendix takes precedence over the User Agreement.
1.3 The Customer's agreements for card acquiring and payment services (such as Swish) are made directly between the Customer and the relevant acquirer or payment service provider. SBBPOS is not a party to these agreements and is not responsible for them, for payouts, or for their fees.
3.1 Purchase price per terminal:
| Model | Purchase price |
|---|---|
| Westpay C20 | SEK 4,999 |
| Westpay C150 | SEK 6,999 |
The price includes registration and software installation before delivery. Shipping is invoiced separately according to the current price list.
3.2 The terminal remains the property of SBBPOS until the purchase price has been paid in full. Until then, the Customer may not sell, pledge or transfer it.
3.3 Risk for the terminal passes to the Customer upon delivery to the Customer.
3.4 In addition to the purchase, the Customer pays a monthly fee according to section 5.
4.1 Rental costs SEK 299 per terminal per month, with a minimum term of 36 months from the delivery date. The monthly fee according to section 5 is included. Shipping is invoiced separately.
4.2 After the minimum term, the rental continues with a mutual notice period of 3 months.
4.3 The terminal is and remains the property of SBBPOS. The Customer may not sell, pledge, sublet, lend or otherwise dispose of it.
4.4 If the Customer terminates before the end of the minimum term, or if the agreement is terminated due to the Customer's breach, the Customer pays the remaining rent for the minimum term.
4.5 When the agreement ends, the Customer shall return the terminal and accessories within 10 Business Days, in good condition except for normal wear and tear. The Customer pays the return shipping. If the terminal is not returned in time, or is returned damaged, the New Terminal Price is charged.
4.6 The Customer bears the risk for the terminal while it is in the Customer's possession and shall include it in its own business insurance.
5.1 The monthly fee is SEK 129 per purchased terminal per month and is charged from the delivery date, regardless of whether the terminal is used.
5.2 The monthly fee covers:
5.3 Support is provided on Business Days, 08:00–16:00. Fault reports are normally answered within one Business Day.
5.4 For an approved replacement, SBBPOS sends a replacement terminal, new or refurbished, normally within two Business Days of the fault report.
5.5 The monthly fee for a purchased terminal can be terminated with 3 months' notice. Support, updates and replacements then end, and the terminal is disconnected from SBBPOS.
6.1 The Customer shall keep the terminal switched on and connected to the internet overnight, or regularly, so that updates can be installed.
6.2 If the Customer's terminal runs software older than six months, and Westpay charges SBBPOS a fee as a result, the Customer shall reimburse SBBPOS for that fee.
6.3 The Customer may not:
6.4 The Customer shall follow the card networks' and PCI rules for handling cards and the terminal, and follow the user manual. Card network fees caused by the Customer are re-invoiced.
6.5 The Customer is responsible for the accuracy of the information provided for registering the terminal with the acquirer and Westpay.
6.6 The Customer is solely responsible for refunds made through the terminal or through SBBPOS, whether the refund is made against a previous order or as a manual refund. This means the Customer is responsible for:
SBBPOS does not verify that a refund is made to the same card or payment method as the original purchase. SBBPOS is not liable for incorrect or unauthorised refunds, fraud, chargebacks or disputes arising from a refund. See also the User Agreement section 6.3.
7.1 Faults shall be reported to SBBPOS in writing within 14 days of the fault being discovered or when it should have been discovered. The report shall include:
7.2 On replacement, the Customer shall return the faulty terminal in the packaging the replacement terminal arrived in, no later than 5 Business Days after receiving the replacement terminal. Return shipping is charged according to section 9.
7.3 If the terminal has not been returned within 5 Business Days, a late return fee is charged. If it has not been returned within 20 Business Days, or is lost or stolen, the New Terminal Price is charged.
7.4 If a returned terminal turns out to have no fault, a no-fault-found fee is charged.
7.5 If the terminal is more than five years old from its manufacturing date when replaced, the New Terminal Price is charged.
8.1 The monthly fee does not cover:
8.2 For faults under section 8.1, the New Terminal Price is charged and a replacement terminal is delivered. If the fault only concerns an accessory or consumable, the current price for that item is charged.
| Fee | Amount |
|---|---|
| Swish | SEK 0.50 per transaction |
| Late return on replacement (section 7.3) | SEK 500 |
| No fault found (section 7.4) | SEK 750 |
| Return shipping on replacement | SEK 500 per parcel |
| Re-registration of an existing terminal | SEK 195 |
| Transaction recovery |
SEK 550 (fewer than 30 transactions) SEK 4,500 (30 or more) |
| Damaged, lost or unreturned terminal | New Terminal Price |
| Shipping, accessories and consumables | According to the current price list |
Fees are invoiced according to the billing cycle agreed in the main agreement. Transaction fees and fees under section 9 are invoiced in arrears. For late payment, the User Agreement's terms apply, and SBBPOS may also disconnect the terminal from the service until payment is made.
11.1 SBBPOS is not liable for indirect damage, such as lost sales, lost or delayed transactions, lost data or goodwill.
11.2 Nor is SBBPOS liable for interruptions or faults at Westpay, acquirers, payment service providers, telecom operators, internet providers or electricity suppliers, or in the Customer's own equipment or network.
11.3 SBBPOS's total liability under this appendix is limited to the fees the Customer has paid under this appendix during the preceding 12 months.
11.4 These limitations do not apply in case of wilful misconduct or gross negligence.
11.5 Neither party is liable for obligations that cannot be fulfilled due to circumstances beyond its control (force majeure). This does not apply to payment obligations.
SBBPOS may adjust the fees in this appendix once per year when costs from subcontractors change. The Customer is notified in writing at least 30 days before the change takes effect.
13.1 If SBBPOS's agreement with Westpay ends, or Westpay discontinues the service, SBBPOS may terminate this appendix with the notice period SBBPOS itself receives, but no less than 30 days. A purchased terminal remains with the Customer. For a rented terminal, the rental ends and the terminal is returned with no claim for remaining rent.
13.2 SBBPOS may terminate this appendix with immediate effect if the Customer materially breaches it and does not remedy the breach within 30 days of written notice.
14.1 Processing of personal data is governed by the data processing agreement.
14.2 Disputes are resolved according to the User Agreement's dispute resolution clause, with Kristianstad District Court as the court of first instance.
14.3 Amendments to this appendix shall be made in writing.
SBB Solutions AB
Östra Gränsgatan 2, 283 72 Lönsboda, Sweden
Company registration number: 559588-1433
Email:
webmaster@sbbpos.com
Website:
www.sbbpos.com