This document outlines the general terms and conditions for users of the CLICK2PAY payment system. It defines CLICK2PAY as an internet payment service that allows users to pay suppliers without providing bank or credit card details. It describes the registration process for users, the payment authorization process, and CLICK2PAY's role in verifying payments on behalf of users and suppliers. The document also specifies users' obligations for using the system, CLICK2PAY's ability to use third party services, limitations on warranty and liability, rules for data protection, countries where users are not allowed, and terms for termination of the user agreement.

1. GENERAL TERMS AND CONDITIONS OF BUSINESS
FOR CLICK2PAY USERS
STATUS NOVEMBER 2005

2. 1.SCOPE
2.SUBJECT MATTER OF
CONTRACT
3.REGISTRATION AS A
CLICK2PAY USER
General Terms and Conditions of Business for CLICK2PAY USERS
(1) CLICK2PAY is an internet payment medium provided by CLICK2PAY GmbH (CLICK2PAY)
with which the USER can pay for goods and services at suppliers (“Suppliers”) authorised
by CLICK2PAY without stating bank account or credit card details for each payment
transaction.
(2) These “General Terms and Conditions of Business for CLICK2PAY USERS” apply to
the USER’s legal relations in the case of using CLICK2PAY with regard to CLICK2PAY
as well as to Suppliers.
(1) The USER registers with CLICK2PAY by stating his e-mail address, his banking
connection and, if applicable, his credit card details or details of other means of payment
(e.g. telephone value added service numbers) upon which CLICK2PAY provides him
with a CLICK2PAY password and a personal account number (PAN). The USER’s
e-mail address serves as a username.
(2) CLICK2PAY issues to USER a star rating (1 to 6 Stars) depending on the
USER’s credit status.
(3) To pay for goods or services at an authorised supplier the USER states his e-mail
address and his CLICK2PAY password or his personal account number (PAN), and in
doing so issues an irrevocable authorisation to pay the invoice amount. If envisaged he
additionally selects the type of payment method (credit card, direct debit or others).
CLICK2PAY forwards this declaration to the Supplier on behalf of the USER.
(4) Where possible CLICK2PAY verifies the current payment entitlement with the
selected means of payment and forwards the result to the Supplier who, depending on
the outcome of the verification, releases its services.
(5) As a general rule the forwarding of payment data and payment processing are carried
out as part of an agency contract on the USER’s behalf without further costs. This does
not apply to transaction costs incurred for credit card payments, direct debits or an
otherwise selected type of payment. Especially in case of returned items CLICK2PAY
shall be able to charge the USER reasonable fees for returned items.
(6) Contrary to this the USER may be liable to pay fees in accordance with the separate
agreement for forwarding payment data and processing payments. Such fees are based
on the respective valid pricelist and shall be added towards the amount released by the
USER. If the payment cannot be collected, the USER shall be directly invoiced for the
amount.
(7) All other activities on the part of CLICK2PAY that are of relevance to invoicing
shall be carried out by order of and subject to authorisation by the Supplier.
(1) To register as a CLICK2PAY USER the “master data”, i.e. the personal data and the
data regarding the selected means of payment (direct debit, credit card and the like)
must be entered, as well as a valid e-mail address as a username. The confirmation of
registration and the respective password shall be provided immediately via electronic
means.
(2) CLICK2PAY subsequently carries out a validation and verification process with a view
to the authenticity and ability to identify the forwarded data.
(3) The USER is to forward applicable, detailed and full information. The USER is to ensure
that his master data are up-to-date at all times. He is to inform CLICK2PAY without
delay of amendments in the manner specified by CLICK2PAY, or amend the data
independently on the CLICK2PAY website.

3. 5.OBLIGATIONS ON THE
PART OF THE USER
6. CALLING ON THE
SERVICES OF THIRD
PARTIES
(1) CLICK2PAY is not a party to the contractual relationship between the USER and the
Supplier. No obligations apply to CLICK2PAY in relation to offers or rendering the
Supplier’s services. It is incumbent upon the suppliers to present, set up and offer their
services at their own responsibility. In respect of the Supplier’s services, CLICK2PAY
does not accept any responsibility with regard to accuracy, completeness, and preservation
of value, validity and/or quality.In particular CLICK2PAY does not adopt the Supplier’s
content as its own.
(2) Complaints and objections resulting from the contractual relationship between the USER
and the Supplier are to be clarified directly between these parties. Complaints/objections
do not affect the USER’s obligation to pay in view of the selected type of payment. The
card owner is to check invoice listings and other account statements and announcements
as regards accuracy and completeness and raise possible objections without delay.
(1) The USER assures that he is entitled to use the respective means of payment at the
time of payment.
(2) The USER shall inform CLICK2PAY of identifiable defects and faults in the
CLICK2PAY system.
(3) Any natural person may only register with CLICK2PAY once each time to use a
CLICK2PAY account.
(4) The username, password and personal account number (PAN) together as an access
entitlement to the CLICK2PAY payment system may only be used by the USER, and
are not transferable.
(5) The USER is to keep the password and the personal account number (PAN) secret
and ensure that these are not made available to third parties. TheUSER undertakes to
inform CLICK2PAY without delay in writing or per e-mail of the suspicion of improper
use of CLICK2PAY or of other anomalies in the case of effecting payments.
(6) The user is to draw up and archive forms to document all transactions in the internet.
The USER may not use CLICK2PAY for offers whose content violate valid laws.
(7) In the event that the aforementioned obligations are violated or if the payment via
CLICK2PAY is disputed or in the case of other obstructions in relation to collecting
payments, CLICK2PAY shall be entitled to temporarily or wholly block access to the
CLICK2PAY system with immediate effect. The USER is to reimburse CLICK2PAY for
the damage caused as a result of a breach of obligations, in particular as a result of
delayed notification of improper use by third parties, and release CLICK2PAY from all
disadvantages that arise as a result of his detrimental actions.
(1) CLICK2PAY is entitled to call on the services of third parties to honour its
obligations resulting from this agreement. In particular outsourcing may be
carried out within the meaning of order data processing pursuant to Art. 11
BDSG German Federal Data Protection Act .
(2) CLICK2PAY may request that certain processing sequences be carried out
directly by such third parties either wholly or in part.
(3) CLICK2PAY is further entitled to assign rights and obligations resulting from this contract,
either wholly or in part, to a company affiliated with CLICK2PAY within the meaning of
Art. 15 AtkG German Company Law.
(1) CLICK2PAY does not accept any responsibility for the availability of the CLICK2PAY
system and the success of the commissioned payments. In particular CLICK2PAY does
not accept any responsibility or liability for the availability of CLICK2PAY or for maintenance
work carried out on the CLICK2PAY system, on CLICK2PAY, or for malfunctions in third
party telecommunications networks used for accessing CLICK2PAY.
7. WARRANTY AND
LIABILITY
4.SERVICES ON THE PART
OF THE SUPLIER
General Terms and Conditions of Business for CLICK2PAY USERS

4. (2) The liability of CLICK2PAY and its vicarious agents is restricted to cases of gross
negligence and intent. This exemption from liability does not include damage to life and
limb, pursuant to the German Product Liability Act, Art. 7 (2) of the German
Telecommunications Customer Protection Ordinance (Telekommunikationskunden-
schutzverordnung, TKV) and as a result of violation of key contractual obligations. In
the event of the violation of key contractual obligations, the type of liability is restricted
to foreseeable, indirect damage. In the event of a violation of Art. 7 (2), TKV, the liability
is restricted to the amount stated therein.
(1) CLICK2PAY collects, processes and uses the USER’s personal data that are stated as
part of the registration for the purpose of licencing and using the CLICK2PAY system.
(2) Personal data are collected, processed and used in the case of payment transactions
insofar as this is necessary to process such payments with due consideration given to
the special features of the respective means of payment and the CLICK2PAY system.
(3) Data are stored insofar as this is necessary to process payments and possible objections.
(4) The USER’s personal data relating to utilising the services may be forwarded to the
Supplier.
(1) Minors (persons under 18) and those resident in the countries stated below will not be
granted the right to use CLICK2PAY:
i. Irak
ii. Ghana
iii. Djibouti
iv. Cuba
v. Iran
vi. Libya
vii. North Korea
viii. Sudan
ix. Syria
x. Afghanistan
(1) CLICK2PAY and the USER may terminate the contractual relationship on the use of
CLICK2PAY without notice.
(2) This does not affect the processing of payment transactions already commissioned.
(1) Subsidiary agreements, amendments or supplementary information are subject to the
written form in order to be deemed valid.
(2) This contract of use of CLICK2PAY shall be concluded by way of the electronic confirmation
of the USER’s registration.
(3) The contract is subject to German law. The UN Sales Convention shall not be applicable.
Insofar as it is permissible, the place of jurisdiction is the Munich I Regional Court.
Last updated, November 2005
8. DATA PROTECTION
9. LICENCE FOR CLICK2PAY
10. TERMINATION
11. MISCELLANEOUS
7. WARRANTY AND
LIABILITY
General Terms and Conditions of Business for CLICK2PAY USERS