Customer Agreement CheckinPay AS
The customer ("Customer") and CheckinPay AS, org. no. 931 706 179 ("CheckinPay"), collectively referred to as "the Parties," have hereby agreed to the following ("the Agreement").
The invoice information listed in this Agreement is automatically generated from the Customer's information on My Page. It is the responsibility of the Customer to keep this information updated, as stated in point 4 of this Agreement.
The Customer's eligibility to enter into this agreement is conditional upon the Customer having already entered into a customer agreement with Checkin AS.
The Customer is not a consumer, as defined in the Financial Agreement Act, and this Agreement supersedes any conflicting provisions in the Financial Agreement Act, as stipulated in § 1-9 of the Financial Agreement Act.
By entering into this agreement on behalf of the Customer, the representative warrants and guarantees that: (i) they have full legal authority to bind the Customer to this Agreement; (ii) they have read and understood this Agreement; and (iii) they consent, on behalf of the Customer, to this Agreement.
The Customer's representative shall not enter into this Agreement if they do not have the legal authority to bind the Customer.
Customer Information:
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Legal Name: |
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Legal form: |
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Company registration number: |
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Address: |
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Name of Managing Director and Board Members, or persons in equivalent positions: |
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Name and email address of person(s) authorized to act on behalf of the Customer: |
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Contact person for the Agreement:
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Name: |
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Email: |
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Phone number: |
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Invoice information:
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Email: |
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Reference: |
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Other relevant information: |
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As a licensed payment institution, CheckinPay is regulated by the Financial Supervisory Authority. CheckinPay provides payment options, transaction processing, and automated transaction reconciliation against order information.
The Customer is either the organizer or co-organizer of a planned event and wishes to receive payments for registrations associated with the event.
2. DefinitionsAgreement: This customer agreement, entered into between the Customer and CheckinPay, regulating the parties' obligations and rights in the customer relationship.
Chargebacks: A refund of a transaction to the Participant, initiated by a Payment Processor.
Client Account: A physical bank account that gives the Customer a priority right as a secured creditor (separatistrett) in their own funds. Receipts on behalf of the Customer and payments to or on behalf of the Customer are made from this account.
Compensation: Compensation which CheckinPay can charge the Customer for services rendered, either as stated on Checkin's website or as specifically agreed upon between the Customer and CheckinPay.
Customer: The entity that formally enters into an agreement with, commits to, and holds rights and obligations towards CheckinPay.
Customer Account: The Customer's account for management and setup on My Page.
Interest income: The interest income earned/generated on CheckinPay's client account.
My Page: The Customer's dedicated page within the Checkin system, where events, user information, and finances are managed. Access to and use of My Page requires a signed agreement with Checkin AS.
Order Basis: The line items — including VAT — that together constitute the payment order that CheckinPay executes on behalf of the Customer.
Participants: The individuals (in the market) that will be utilizing the services set up by the Customer through CheckinPay.
Payment Processor: Nets, Netaxept, Vipps, or any third party approved by CheckinPay as a payment provider.
Payments: Amounts received by CheckinPay as payment for tickets sold by CheckinPay on behalf of the Customer to the Participants.
Payouts or the Payouts: Payouts made from the Client Account to the account specified by the Customer.
Payout Date: As defined in article 12 below.
Sales Documentation: Receipts, cash notes, invoices, and credit notes.
Services: The services provided by CheckinPay as described in article 3.
Users: The individuals at the Customer who will use CheckinPay's systems.
3. Description of the ServicesCheckinPay delivers payment solutions to the Customer — including but not limited to:
- Card payment through:
- Visa and Mastercard
- Mobile payment through:
- Vipps
- Invoice payment through:
- CheckinPay's proprietary invoicing service, where the Customer owns the accounts receivable and credit risk
Transactions are paid into and out of CheckinPay's Client Account, and paid out to the Customer in accordance with article 12.
Payments, refunds, and payouts are reconciled against the Order Basis and together with the Order Basis form the basis for accounting reports, payout reports, and other financial reports available through CheckinPay's service.
4. Customer's ResponsibilitiesThe Customer is solely responsible for ensuring that all customer information is correct, including invoice information.
The Customer is responsible for ensuring that the account number to receive the Payouts is provided correctly. Payment is considered correctly executed when it is paid out in accordance with the specified account number.
As a licensed payment institution, CheckinPay carries out measures to minimize the risk of financial crime, including money laundering. As part of this, CheckinPay performs a verification that the Customer's stated account number is valid and that the account belongs to the Customer. The Customer is responsible for providing verifiable account information. CheckinPay reserves the right to terminate the customer relationship with immediate effect if the stated account information cannot be verified, and planned events associated with the Customer's Checkin account will be cancelled.
If the Customer becomes aware of any loss, theft, or unauthorized use or acquisition of a payment instrument, or unauthorized access to the Customer Account, the Customer must promptly notify CheckinPay without undue delay.
The Customer shall ensure that all contact information is up to date. The Customer shall bear the risk of non-compliance with this obligation.
The Customer is solely responsible for support and necessary assistance to Users. The Customer is solely responsible for the correct setup and administration of events and other solutions. This implies that the Customer is responsible for ensuring that everyone with access to the Customer Account is sufficiently familiar with the system.
Users must be authorized by the Customer and be 18 years or older to use the Services.
The Customer is responsible for ensuring that the Order Basis and Sales Documentation are correct. If the Customer discovers an error in the Order Basis or Sales Documentation, and the error is due to the CheckinPay service or a third party, the Customer is obligated to notify CheckinPay as soon as possible so that the error can be corrected in accordance with article 5.
The Customer cannot use CheckinPay's Services for:
- Pornographic material
- Fortune-telling services
- Wallet services or gift cards
- Fundraising/Crowdfunding on behalf of others
- Selling illegal goods or services
- Debt collection activities not originating from an Order Basis generated through the Services
If CheckinPay has reason to believe that the Customer is using CheckinPay for any of the aforementioned prohibited purposes, CheckinPay reserves the right to withhold payment until the situation has been clarified.
The use of the Services for the aforementioned prohibited purposes is considered a material breach by the Customer, and CheckinPay reserves the right to terminate the agreement in such cases. Any planned events associated with the Customer's Checkin account will be canceled in such an event.
5. CheckinPay's ResponsibilitiesCheckinPay acts as an agent for payment orders submitted by the Customer and is responsible for funds deposited via the Services into the Client Account until the amount, minus CheckinPay's fees, is transferred to the Customer's bank account. CheckinPay is not liable for any losses stemming from or resulting from issues on the Customer's or card issuer's side.
CheckinPay shall ensure the stable operation of the Services. The Customer acknowledges and accepts that technical problems may occur. CheckinPay is not responsible for any indirect losses, operational downtime, or loss of profit due to or caused by the Services being partially or fully unavailable for a period of time. The Customer acknowledges that CheckinPay will not be held liable for losses resulting from the unavailability or downtime of the Services.
In the event of errors or deficiencies, CheckinPay will promptly take action to rectify them. Planned downtimes will be communicated to the Customer with at least 48 hours' notice.
CheckinPay will take reasonable measures to recover funds resulting from incorrect payments made to an invalid account number due to incorrect information provided by the Customer, as stated in point 4.
CheckinPay's Services do not replace the Customer's obligation to comply with the record-keeping requirements and does not absolve the Customer from their obligation to properly document sales and income in accordance with accounting regulations and relevant legislation.
CheckinPay is not liable for errors in transaction amounts, settlements, or any other issues that arise as a result of errors or inaccuracies in the Order Basis.
CheckinPay's liability for errors that occur during transaction execution under this Agreement is limited to CheckinPay's responsibilities as outlined in Chapter 4 of the Financial Contracts Act. For matters that are not covered by the Financial Contracts Act, CheckinPay's liability under this Agreement is suspended if unforeseeable circumstances beyond CheckinPay's control arise and CheckinPay couldn't have reasonably anticipated or avoided the situation. In case of any breach of CheckinPay's obligations under this Agreement, CheckinPay will only be accountable for direct and proven losses suffered by the Customer.
6. Relationship between the Customer and ParticipantsCheckinPay is not responsible for any refunds to Participants.
The Customer is responsible for communicating its refund policies to the Participants.
The Customer's agreements with Participants must specify that no claims can be made against CheckinPay in connection with the Customer's services and events. Participants are in a customer relationship with the Customer, and Participants are not entitled to make claims against CheckinPay for refunds, compensation, price reductions, or similar claims.
Any claims that Participants may have against the Customer shall be directly addressed to the Customer, in accordance with the Customer's terms and policies as communicated to Participants. CheckinPay is not responsible for any such claims or issues between Participants and the Customer.
The Customer is responsible for providing support to the Participants. CheckinPay may charge the Customer for any time spent providing support to the Participants on behalf of the Customer. In such cases, CheckinPay will document time spent and reserves the right to invoice the Customer for such services retroactively.
7. Relationship between CheckinPay and the ParticipantsCheckinPay is strictly, solely and exclusively acting as a payment facilitator and is not responsible or liable for any refunds to Participants beyond what is directly specified in agreements with the relevant Payment Processor, including with regards to chargebacks.
CheckinPay is not liable for any defects, errors in the Customer's service, or issues with the product sold by the Customer through the Services. CheckinPay is not responsible for handling inquiries from Participants regarding defects, errors, cancellations, or changes to the Customer's service or product.
8. Prices, Fees and CommissionsThere is no monthly or fixed subscription fee associated with entering into this customer Agreement with CheckinPay, unless otherwise is explicitly stated in this Agreement. The prices for using CheckinPay's Services are listed in Appendix 1.
CheckinPay reserves the right to change prices and price structures for Services, both existing and future, with one (1) months' notice. Notifications of price changes will be sent in accordance with article 16 of this Agreement.
The prices for each individual event will follow the applicable rates at the time the event is created. Price changes will not affect active events. However, CheckinPay reserves the right to adjust the rates for events and items which have been created six months or more prior to the event date.
If the Customer requests a personal appearance by a Checkin or CheckinPay representative, for example, for an initial meeting or assistance with event check-in, it may result in an additional cost that the Customer is responsible for. Any such additional costs must be agreed upon by both Parties before they are incurred.
9. Collection of Participants' ObligationsThe Customer is not entitled to seek payment from CheckinPay in the event that Participants fail to make payment.
CheckinPay reserves the right to send payment reminders, without imposing late fees, on behalf of the Customer to Participants who have not paid by the payment deadline.
Should Participants continue to fail in making payment, the Customer may use CheckinPay's payment system for further follow-up. For further details on this process, please refer to the separate terms and conditions for this service and the prices listed in Appendix 1.
CheckinPay reserves the right to invoice the Customer for the following costs if the invoiced Participants have not made payment after a minimum of 6 months have passed from the due date of the invoice:
- Production and issuance costs of the invoice
- Reminder costs
In case of payments made outside of the Services, CheckinPay has the right to invoice an amount equivalent to the transaction fee that would have been applicable if the payment had been made through the Services. However, if the Customer sends the invoice for debt collection through CheckinPay's service, the right to invoice for the aforementioned fees is waived.
10. Intellectual Property RightsThis Agreement does not involve or entail any transfer of intellectual property rights between the parties.
The Customer is obligated not to download, display, perform, transmit, or distribute any information or content that infringes upon anyone's intellectual property rights, including copyrights, trademarks, patents, trade secrets, etc. The Customer is solely responsible for and liable for any misuse of materials in connection with the Services provided by CheckinPay.
11. BillingCheckinPay will prepare and send an invoice for any additional services beyond those charged via transaction fees, regularly or at an agreed upon interval, but at a minimum every six (6) months.
12. PayoutsWhen performing Payouts to the Customer, CheckinPay will deduct commissions and other agreed-upon compensation for CheckinPay and Checkin from the sum of the Payments prior to disbursing the funds. CheckinPay is also permitted to deduct undisputed invoices or other claims that CheckinPay and Checkin have against the Customer, as per agreed upon terms.
All payments from Participants will be deposited in CheckinPay's client account. CheckinPay will perform daily fee calculations from the client account. The Customer's funds are safeguarded by the priority right as a secured creditor (separatistrett).
Payouts from CheckinPay to the Customer will occur every other week (on Mondays) or as mutually agreed upon ("Payout Date"). The Customer has the option to request more frequent payouts as needed, subject to a payout fee (refer to Appendix 1).
Payouts are transferred on the first banking day following the Payout Date as mentioned in the previous paragraph, and likewise for more frequent payouts. All accounting records are available on Checkin's website under "Finance." The accounting record provides an overview of payments, fees, charges, refunds, and accounting data if set up accordingly.
The Customer may request that Payouts be made at a lower frequency than every two weeks. A lower payout frequency requires that the Parties agree in writing upon a specific payout frequency in connection with this Customer Agreement.
If CheckinPay has reason to suspect that the Customer is utilizing CheckinPay for criminal activity, CheckinPay reserves the right to withhold Payouts until the issue is resolved.
13. Interest incomeBy entering into this Customer Agreement, the Customer accepts that any interest income earned in connection with payments to CheckinPay's client account shall in its entirety accrue to CheckinPay.
14. ChargebacksIn the instance that CheckinPay is obligated through agreements with Payment Processors to pay for Chargebacks to Participants, the Customer shall cover the costs associated with Chargebacks.
The following shall apply to Chargebacks:
- CheckinPay reserves the right to withhold payment for a transaction if a Payment Processor requests a Chargeback, regardless of the provided reason.
- If Chargebacks occur before the transaction is completed, CheckinPay is not obligated or required to pay out the transaction to the Customer.
- If the transaction is completed, the Customer must reimburse the transaction value to CheckinPay.
- The Customer shall pay the standard applicable fees to CheckinPay regardless of Chargebacks.
- CheckinPay reserves the right to offset Chargebacks against any transaction that is still outstanding, or against any security provided by the Customer to CheckinPay.
- The Customer must raise any objections to the current Chargeback directly with the Payment Processor. CheckinPay may assist in this process with written consent from the Customer.
- CheckinPay shall notify the Customer of any Chargebacks.
CheckinPay complies with the Norwegian Personal Data Act and follows a privacy policy that is available on Checkin's website. All data processing activities are conducted in accordance with these regulations and policies.
16. VAT and ReportingThe Customer is responsible for setting up prices and product lines with value-added tax (VAT) if the Customer is VAT-liable. The Customer is also solely responsible for all public reporting of sold services.
17. Changes to the AgreementCheckinPay reserves the right to modify the Agreement without prior notice if the changes are deemed non-material.
The Customer will receive advance notice of any material changes to the Agreement, with a minimum notice period of one (1) month prior to the effective date of the changes.
In the event that the Customer does not wish to be bound by such material changes to the Agreement, they must provide notice to CheckinPay via email on or before the day the changes take effect. In such cases, the Agreement will be considered terminated, and a three (3) month termination period will commence. During this period, the Customer's existing terms for using the Services will remain unchanged. If CheckinPay does not receive such notice, the Customer will be considered to have accepted and be bound by the new terms.
18. Transfer of Rights and ObligationsThe Customer may not transfer rights and obligations under the Agreement without obtaining prior written consent from CheckinPay.
CheckinPay reserves the right to, within applicable rules and without prior consent, transfer this Agreement to a third party. The Customer's rights and obligations under this agreement will continue to apply fully in the event of such a transfer to a third party.
19. Security and GuaranteesCheckinPay reserves the right to conduct credit assessments of the Customer at any time and reserves the right to immediately terminate the customer relationship if there is valid reason to do so.
CheckinPay reserves the right to require a guarantee or other form of security if there is valid reason to do so.
20. Duration and Termination of the AgreementThe Agreement enters into force immediately after both parties have signed.
The Agreement can be terminated with a notice period of three (3) months. The final Payout will be processed in accordance with the provisions of article 12 of this Agreement. Notice of termination must be sent by email.
In the event that CheckinPay is unable to carry out legally mandated customer measures under the anti-money laundering regulations, CheckinPay reserves the right to terminate the customer relationship immediately.
CheckinPay is obligated to settle all transactions that have occurred prior to the termination of the Agreement, irrespective of whether such transactions are processed by CheckinPay before or after the termination of the Agreement.
21. Termination of the AgreementEither party can terminate the Agreement in the event of a material breach by the other party.
A party will be considered in material breach in the following instances:
- The Customer is defaulting on their payment obligations towards CheckinPay.
- The Customer becomes insolvent and is no longer able to meet financial obligations.
- The Customer has facilitated illegal transactions or engaged in other unlawful activities.
- There is an abnormally high ratio of attempted fraud or Chargebacks.
- Unauthorized persons have accessed the Services, or there are security vulnerabilities at the Customer's end that pose a risk to CheckinPay's services.
- The Customer's activities, goods, services, or actions are deemed by CheckinPay to be damaging to CheckinPay's reputation.
- Use of CheckinPay's services for prohibited purposes mentioned in point 4.
- If legally mandated customer measures under anti-money laundering regulations require termination of the Agreement, or if CheckinPay deems it necessary to minimize the risk of financial crime, including money laundering.
This agreement is governed by and shall be construed in accordance with Norwegian law.
Customer complaints shall be directed to customer service, which will handle complaints in accordance with applicable procedures and regulations.
In the event of any dispute arising out of or in connection with this Agreement, the parties undertake to resolve the dispute through negotiations in good faith. If a satisfactory resolution cannot be reached and legal action is needed, the Agder District Court is agreed upon as the legal venue by both parties.
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Customer: |
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CheckinPay AS: |
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Date |
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Date |
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Signature |
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Signature |
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Name |
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Name |
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Fredrik Skaug Hansen |
Appendix 1 — Price List NOK Transactions (excluding VAT)
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Service |
Fee |
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Transaction Fee |
2.5% of transaction amount |
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EHF/Invoice |
5 NOK per document |
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Refund |
10 NOK per refund |
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Additional Payout |
35 NOK per additional Payout |
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Debt collection |
6% of transaction amount |
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Maximum price per transaction |
450 NOK (only applicable for invoice) |
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Price for CheckinPay assistance |
1200 NOK per hour |
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Chargeback |
250 NOK per chargeback |