§ 1 Business objective
Compay GmbH, hereinafter referred to as “Compay,” carries out debt collection together with associated services. By using the debt collection system of Compay, it is possible for the end customer, hereinafter referred to as “User,” to make use of chargeable online offers.
§ 2 Chargeable offers of the Webmaster
The subject of the use is the chargeable offers offered on our customer’s respective Internet platform, hereinafter referred to as “Webmaster.” For the collection of receivables for the offers selected by the user, Compay provides the user with its own supplied software free of charge and carries out support services in addition to the collection of receivables.
§ 3 Purchase route, service relationships
1. within the scope of the purchase route – depending on the integrated way of the purchase route at the Webmaster – the user will be
- either is redirected to the servers of Compay within the scope of the purchase route, where the user then completes the purchase process
- or the purchase process is completed by the user at the Webmaster, and Compay carries out the subsequent purchase confirmation or debt collection process.
in the last step of the purchase process, the user clicks the “order with obligation to pay” button or a similar button to complete the order with the obligation to pay. By that click, the user submits a legally binding offer for the respective chargeable product to the respective Webmaster. The acceptance of the offer is effected by the immediately following confirmation e-mail on the part of Compay, which is sent to the respective user on behalf of the respective Webmaster, but at the latest by the debiting of the user’s account. Compay will also inform the user if the purchase contract is not concluded.
Within the scope of a power of attorney granted to Compay by the Webmaster, Compay shall be entitled to act as the representative with power of attorney for the conclusion and receipt of money and to carry out the entire claims management. Accordingly, Compay shall carry out its own identity and creditworthiness checks on behalf of the Webmaster, as well as the collection of receivables, the dunning process, and the support.
within the scope of the debt collection, a separate contractual relationship between the respective User and Compay with regard to the use of the software is established, whereby the right to use the software is free of charge for the user. Also, in this case, cf. § 3 clause 2, the submission of a binding offer on the part of the user occurs by pressing the button “order subject to payment” or the button with similar content; the acceptance of the offer occurs by sending the e-mail confirming the purchase, cf. § 3 clause 2, but at the latest by the user’s account debit for the purchase with the Webmaster.
§ 4 Collection of debts
1.In order to use the computerized system for the collection of debts, the user needs Internet access and an SSL-enabled browser.
depending on the payment method, the individual steps of the respective debt collection vary. For example, when paying by SEPA direct debit or credit card, the user is asked to provide the relevant data for debt collection, whereas this step is not required when paying in advance. For each of the various debt collection procedures, the purchase process is completed by clicking the button in accordance with § 3 number 2. Then, in the case of a purchase by advance payment, the user transfers the respective amount himself; in the case of a purchase by direct debit or credit card, the collection procedure is initiated by Compay immediately, i.e., directly after completion of the order process. In this respect, the period for the so-called advance information for SEPA direct debit is reduced from 14 days to immediately.
§ 5 Rights, duties, and information of the User
1. the user is entitled to use the aforementioned software free of charge for the duration of his contractual relationship with the Webmaster. However, he/she is not authorized to transfer the right of use to third parties or to make it available to third parties. Furthermore, any sublicensing or publication of any data related to the collection of receivables by the user is not permitted. In this context, the user warrants that the platform provided for debt collection will be used exclusively for lawful purposes.
The user is obliged to inform Compay immediately of any change in the data provided for collecting receivables, in particular, the e-mail address, the address, and the account details. In the case of recurring memberships, so-called subscriptions, the user undertakes to notify Compay of corresponding changes at the latest three working days before the next account debit, whereby a working day within the meaning of this provision is equivalent to a bank working day. The user can update the data relevant to collecting receivables under the following link: payment.compay.de/HelpDesk
3. the user assures to be at least 18 years old. The user undertakes to provide only truthful information in the context of corresponding queries.
§ 6 Support
Compay shall provide support on behalf of the Webmaster for all questions relating to the collection of receivables, in particular for matters relating to the updating of data relevant to the collection of receivables, the status of receivables, or the type of collection of receivables. The support is free of charge for the user.
§ 7 Termination
The contractual relationship with Compay (cf. § 3 clause 4) ends automatically with the termination of the respective contractual relationship with the Webmaster without the need for an explicit termination of the present contract.
In the case of permanent contracts (e.g., so-called subscriptions), the contractual relationship with Compay (cf. § 3 number 4) ends automatically with the termination of the paid membership with the respective Webmaster by notice. In the case of contracts with the respective Webmaster which are limited in time from the beginning or in the case of contracts with the Webmaster which are connected with the exhaustion of a certain credit or with the consumption of certain units, the present contract ends in the first-mentioned case with the expiry of the contract period, in the second case at the time of the exhaustion of the credit, finally in the last mentioned case at the time when the respectively acquired unit has been consumed.
§ 8 Non-acceptance of the offer, termination without notice, internal blacklist
1. Compay reserves the right not to accept offers from certain Users. The acceptance of the user’s application can be refused, particularly if there is an initial suspicion of improper use of the contract or if there is already an objective reason. This is, e.g., the case if there is a plausible assumption that the user has made false statements or intends to misuse the services of Compay or the Webmaster, or he will probably not fulfill his obligation to pay.
2. in cases of disturbed contract execution, e.g., if return debits have been booked three times on the respective user account or if the user’s behavior becomes abusive, harassing, or insulting, or also in case of justified suspicion of false information of personal data, Compay reserves the right to terminate the respective contract (cf. § 3 clause 4) immediately, i.e., without notice.
3. In the case of termination without notice as well as in cases when the membership amount is not paid after a previous reminder sent by Compay, Compay reserves the right to include the respective user on an internal so-called blacklist so that further contract conclusions by the user can be excluded.
§ 9 Direct debit authorization, interest on arrears, chargebacks
1. in case of product purchase by SEPA direct debit or credit card, the user authorizes Compay to collect the debt, irrespective of any other consent given.
2. if Compay has booked a chargeback due to incorrect information provided by the user, insufficient account coverage, or other reasons, the user is obliged to reimburse the Webmaster for the costs incurred (chargeback fees, interest on arrears).
3. If the user makes partial payments on an existing claim, these will be offset against the oldest claim. A payment that is not completely sufficient for the repayment of the claim will first be set off against expenses of the Webmaster, interest, and finally against the main claim.
§ 10 Liability
1. compay assumes no liability for contents published on the web pages of the respective client. Before the integration of the debt collection system of Compay into the respective offer of the Webmaster, the respective website or the respective offer of the Webmaster was checked for legal conformity. At the time of the aforementioned activation, no infringement could be detected. However, it cannot be ruled out that the respective providers subsequently change the contents.
2. Any claims for damages against Compay are excluded, regardless of the legal grounds, unless Compay, its legal representatives, or vicarious agents can be accused of intent or gross negligence. The liability of Compay for damages to life, body, and health, as well as the liability according to the Product Liability Act, remains unaffected. In the event of a breach of essential contractual obligations, i.e., obligations the fulfillment of which is essential for the proper performance of the contract and on the observance of which the contractual partner regularly relies upon and may rely on, Compay shall be liable for any negligence, but only up to the amount of the foreseeable damage.
3. The above limitations of liability also apply to companies affiliated with Compay as well as to the personal liability of employees, representatives, shareholders, and vicarious agents of Compay and/or Compay-affiliated companies.
1. Compay reserves the right to change these terms and conditions at any time with effect for the future, insofar as the user is not unreasonably burdened by this, in particular to:
- adapt the conditions to applicable or newly adopted legal or administrative regulations;
- adapt the Terms and Conditions to a decision of a court, an authority for the protection of consumer interests, or another competent authority, which affects the content of the Portal or the services offered through it;
- To reflect changes and developments in the way it conducts its business;
- Reflect changes in market conditions or standard industry practice.
2. Compay shall notify its Users of the amended Terms in case of immaterial amendments fifteen (15) days prior to their effective date and in case of material amendments (e.g., amendments imposing additional obligations on Users) four (4) weeks prior to their effective date. Non-substantial amendments to the Terms shall be deemed accepted by the user if the user does not object to the amended Terms prior to the date on which the amendments become effective. In this case, Compay will inform the user about the user’s silence with the notification of the change. Compay shall ask the user to agree to the changes in case of substantial changes.
§ 12 Final provisions
1. if any provision of the terms or the resulting agreement is deemed invalid, void, or unenforceable, the remaining provisions shall remain in full force and effect.
2. German law shall apply exclusively to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
3. The exclusive place of jurisdiction shall be Düsseldorf. In the case of consumers, this choice of law and the choice of the place of jurisdiction shall only apply insofar as the protection granted by mandatory provisions of the law of the state of the consumer’s habitual residence is not withdrawn (favorability principle).
4. Compay does not participate in alternative dispute resolution proceedings before a consumer arbitration board and is not legally obliged to do so.