Terms & Conditions
Version 3.1
Last update: June 2023
1. General
These Terms and Conditions are a contract between Brite AB, corp. ID no. 559116- 1632, (‘Brite’, ‘we’, ‘our’ or ‘us’) and you (‘you’ or ´User’) as a user of Brite’s Account Information Service and/or Payment Initiation Service.
The Terms and Conditions apply to private individuals and are approved in conjunction with you using our Service and thereby entering a contract with us.
These Terms and Conditions include all the mandatory requirements corresponding to a framework agreement (within the meaning of Article 4, 21 of the current consolidated version of the Directive 2015/2366 on payment service in the internal market) (“Framework Agreement”).
The Service can be provided to you either as a single service, or under a Framework Agreement.
If the Service is provided as a single service, you enter a contract on each occasion that you use the Service where you are asked to approve the current version of these Terms and Conditions. The contract is terminated as soon as we have performed the Service you requested.
However, if the interactions between us constitutes a Framework Agreement, the Terms & Conditions will continue to apply during the period set out in section 19 or until it is terminated by you or us in accordance with section 19.
To use the Service, you must be of at least eighteen (18) years of age, or of such age as required by the Merchant and by Brite (as applicable), with capacity to enter into legally binding contracts and have the right to dispose of the assets available at your External Institution. You hereby guarantee that these requirements are met. Moreover, you guarantee that you shall not use the Service for any purpose that is in violation of its agreements with third parties or applicable law. You are personally responsible for any and all such violations and acknowledge, by using the Service, that the use of the same does not result in any such violation. You furthermore expressly undertake not to use and benefit from the Service if you do not accept the current Terms and Conditions. You acknowledge that a breach of the Terms and Conditions may result in the immediate refusal by us to provide the Service to you.
You are not required to open or create a personal account with Brite to use the Service.
You are entitled to have these Terms and Conditions sent to you or download it as a document or in some other readable and permanent form (durable medium). You can download the latest version of these Terms and Conditions at any time from our website and also in direct connection with using our Service.
2. Definitions
Account Information Service Our service to provide at your request aggregate information about one or more payment accounts that you have with one or more External Institutions.
External Institution Another payment service provider where you have one or more payment accounts, such as your bank.
Merchant The third party from which you are purchasing goods or services and/or with whom you have expressly consented to share your information via one of our Services.
Payment Initiation Service Our service to initiate at your request a payment order from a payment account with another payment service provider.
Service The Account Information Service and Payment Initiation Service jointly or the Account Information Service separately.
Terms and Conditions These General Terms and Conditions (this document).
User means any private individual who has accepted the current Terms and Conditions.
3. Information about Brite
Brite is a Swedish limited liability company with a licence from Finansinspektionen to provide payment services under the Payment Services Act (2010:751).
Brite is subject to the supervision of Finansinspektionen and uses the right to provide cross-border services in various European jurisdictions.
Go to Finansinspektionen’s website, www.fi.se if you would like more detailed information about Brite’s licences.
Brite AB
Corp. ID no.: 559116-1632
Postal and visiting address: Linnégatan 5, SE-114 47 Stockholm, Sweden
Registered address: Linnégatan 5, SE-114 47 Stockholm, Sweden
Email address: support@britepayments.com
Website: www.britepayments.com
4. Communication and information
The languages used in the documentation and in contacts between Brite and you are Swedish or English. These Terms and Conditions will be provided in Finnish, Dutch, Swedish, English, French, Estonian, Lithuanian, or Latvian.
Notifications from Brite will be sent to you by email. You however agree that we may contact you via email, text message, telephone, post, and by using any other contact details given, to assist you in the user experience including providing you reasonable assistance in the event you experience any interruptions, delays, or errors in the Service.
General information about our Service and these Terms and Conditions is provided on an ongoing basis via our website www.britepayments.com.
Notifications about any security risks or unauthorised use are sent by Brite in accordance with this item or in some other appropriate way.
In the event of suspected unauthorised use or security risks associated with the Service, Brite may contact you in a way other than as stated above if this is considered appropriate in the individual case, e.g. telephone call or SMS. Brite may then ask for information about you having made a certain transaction. Brite will never ask for information about personal codes, log-in details, or similar.
For questions relating to the Service or the Terms and Conditions, you can contact us by email at support@britepayments.com or by post: Brite AB, Linnégatan 5, 114 47 Stockholm.
You may access your transaction history in relation to the Payment Initiation Service provided under these Terms and Conditions through the interface made available by your External Institution.
5. Your responsibilities when using the Service
You are responsible for:
5.1
using the Service in accordance with these Terms and Conditions and applicable law. In case of non-compliance with one or more stipulations of these Terms and Conditions, you may be held responsible and may be required to compensate Brite for any consequences that may result in;
5.2
taking all reasonable measures to protect and manage login details in such a way that no unauthorised person has access to them, such as by keeping your user name and password secret including ensuring that your login details are not stored by the browser, cashed, or otherwise recorded, and, when using a security solution via a mobile unit, ensuring that the mobile device’s applicable safety appliances, e.g. telephone lock code, are being used. You must not disclose passwords or any security information, or otherwise make them available to any other person, whether verbally or by entering them in a way that allows them to be observed by others; and
5.3
immediately unless otherwise follows from applicable law notify Brite if you suspect unauthorised use of the Service by contacting us on support@britepayments.com.
In the event of misuse of the Service and/or a breach of these Terms and Conditions, you, as the user, are liable to compensate Brite for the loss that has arisen to the maximum extent permitted by applicable law.
When using the Service, you also undertake to:
- only use an account opened in your name and located within the EEA,
- verify that the URL of the authentication page belongs to your External Institution, where possible, consult the history of the payment transactions executed by the External Institution to ensure that the execution of the payment transaction is properly executed by the External Institution.
6. Technical requirements for use of the Service
A precondition for using our Service is that you can identify yourself with an External Institution by using the e-identification method decided by the External Institution, independently of any requirements set by Brite.
It is your responsibility, as the User, to acquire, possess and maintain all of the necessary equipment required to be able to use the Services, e.g. smartphone, tablet or other mobile device, bank security device, computer, software, email address, Internet subscription, mobile subscription, SMS function and also any other equipment.
If applicable, you acknowledge that the following terms apply to your use of MitID as e-identification method: https://www.mitid.dk/en-gb/legal/mitid-terms-and-conditions/.
7. Information about Brite’s services
The Account Information Service
7.1 Information about the Account Information Service
The Account Information Service allows you to quickly and securely identify yourself and share financial information that may be required by banks, credit institutions and other similar actors that execute transactions or offer loans and credit.
The Account Information Service means that Brite obtains information with your express consent about the bank account to the extent necessary to perform the Account Information Service and also, if applicable, to perform the Payment Initiation Service. The information is collected and made available to the Merchant with whom you have interacted and/or made a purchase from.
The information obtained from your chosen bank account with your External Institution and made available to the Merchant may consist of your:
- first and last name,
- bank account number,
- bank account name,
- name of bank, and
- account information such as transaction history including transaction amounts and description, currency, account balance, any overdraft balance.
provided you have given your express consent and instructed us to make your data accessible to such Merchant.
7.2 Information that you need to provide
To use the Account Information Service, you must personally review and implement all of the necessary steps required in the process, e.g. such as logging onto the online interface of your External Institution in accordance with your External Institution´s procedures and choosing the account from which the information should be obtained.
7.3 Maximum implementation time
The time required for obtaining account information varies based on the time for identification in relation to an External Institution and the amount of information that is to be obtained. The time it takes never exceeds ten minutes.
7.4 Consent given to the Account Information Service
When using the Account Information Service, at the first use of the Service or on each occasion, as applicable, you will be directed to a sequence of pages where you will be able to give your express consent to the current Terms and Conditions including be provided information about how we process your personal data, select the External Institution you want to connect to, and the bank account from which you want to access account information, and, if relevant, share with the Merchant. When we receive your request on the provision of the Account Information Service, you identify yourself towards the External Institution by usage of such e-identification method as required by your External Institution. In connection, a request for retrieval of the Account Information is immediately sent to the External Institution, whereafter Brite retrieves the information that you have instructed Brite to retrieve and shares it with any Merchant you have selected and instructed us to share data with, if applicable. For details about what data we may share with the Merchant, please refer to section 7.1 .
When accepting the current Terms and Conditions, you instruct and give your express consent for us to:
- access and retrieve the account information from such bank account that you have selected for us to be able to perform the Account Information Service and, if applicable, to perform the Payment Initiation Service, and/or
- provide the account information to you and share it with any Merchant you have instructed us to share data with, if applicable.
By using the Service, you approve that your account information is accessible by Brite up to 180 days without your prior authentication. This means that if you use the Payment Initiation Service or the Account Information Service within these 180 days from your first use, you will land on the account selector step without prior authentication.
You acknowledge that the Account Information Service is performed by Brite independently of any underlying obligation between you and the Merchant. The Merchant does not play any role in the provision of the Account Information Service.
The Payment Initiation Service
7.5 About the Payment Initiation Service
The Payment Initiation Service means that you can execute payments from your External Institution to a Merchant, e.g. when you are paying for a product or service. The Payment Initiation Service comprises a user interface between you, your External Institution, Brite and the Merchant that is designed to enable rapid and secure payments to be made in a user-friendly interface.
The Payment Initiation Service is offered and provided by Brite via the Merchant with which you want to make a payment, and not by your External Institution. The execution of the transfer of funds is exclusively performed by your External Institution.
7.6 Approval to initiate a payment order or execute a payment order and consent to the Payment Initiation Service
You use the Payment Initiation Service by providing information about the account from which the payment will be made, by following Brite’s instructions in the user interface including authenticating yourself through the locally available e-identification method applied by your External Institution. When these steps have been completed, you expressly approve the initiation of a payment using the local e-identification method applied by the External Institution, in which connection your request for initiation of a payment is thereafter sent by Brite to your External Institution.
The External Institution may impose its own restriction, such as the application of amount thresholds.
You may allow and consent either to:
a) A unique payment initiation order, or
b) to a recurring set of payment initiations in which case you will have to expressly approve the account from which you want these recurring payment orders to be set-up against by using a locally available e-identification method. Upon successful completion of the recurring payment set-up, we will provide you with confirmation about the amount of the recurring payment order expressly approved by you, the date of the first recurring payment order, External Institution chosen for the recurring payment order, and a unique reference number.
Brite forwards the information to execute the transfer of funds via a user interface to a corresponding interface with your External Institution over a secure connection. All communication transferred when using the Payment Initiation Service is encrypted and your log-in information is not retained by Brite but only forwarded to a corresponding interface at your chosen External Institution.
By using Brite’s Service, you approve that your account information is accessible by Brite up to 180 days without your prior authentication. This means that if you use the Payment Initiation Service or the Account Information Service within these 180 days from your first use, you will land on the account selector step without prior authentication. All payment initiations are however expressly approved by using a locally available e-identification method. In case you disagree with Brite having this access, you may clear your browsing history or disable cookies in your browser settings, in the device used by you.
7.7 When a payment order is deemed to have been received
If you have approved the payment order during a Banking day, the payment order will be received by Brite and approved by you on that day. If you approved the payment order on a day that is not a banking day, it is deemed to have been received by Brite and approved by you on the following Banking day.
‘Banking day’ means a day when the External Institution is generally open for business in the respective countries where your bank account or Brite´s bank accounts are located and that are used for the Service.
7.8 Recall of a payment order
A payment order that has been initiated by you cannot be recalled after it has been received by us. The consent to the payment order is deemed to have been given by you when you validate all the characteristics constituting the payment order request (e.g., the amount of the payment order and the account to be debited) with the External Institution according to the procedure implemented by the External Institution.
7.9 Maximum execution time for a transaction
The period required for the execution of the payment depends on the current External Institution’s execution time. The time for the execution of the payment (i.e. from when the end user initiates the transaction until the money has left the sender’s account) is normally never more than five minutes.
You will receive a confirmation of the successful initiation of the payment order by Brite including information about the transaction reference and the main characteristics associated with it (e.g. transaction amount). If the initiation fails Brite will notify you about the refusal to initiate the transaction as well as the reason for the refusal, unless prohibited by applicable law. For an overview of reasons why a transaction may be rejected please refer to section 8.
7.10 Responsibility for the execution of a payment order
You are responsible for the information that you fill in for the execution of the payment order being correct and for having sufficient funds in the relevant account.
If you have approved a payment order in accordance with the Terms and Conditions, Brite is responsible for the payment initiation being executed correctly.
If a payment order is not executed or has been executed in an inadequate way, and these inadequacies were caused by Brite, Brite is responsible in relation to you as a user. Brite shall, upon your request, try to trace the payment order as soon as possible and notify you of the result. However, Brite is not responsible as set out in this section if any of the circumstances specified in section 14 are met.
Brite is responsible in relation to you for any charges and for any interest that you must pay because of a payment order not being executed or having been executed in an inadequate way if these inadequacies were caused by Brite.
7.11 Payment orders executed incorrectly
If you discover that a payment has been executed in an incorrect way, you are responsible for reporting this as soon as possible, subject to any time requirements prescribed under applicable law, to the External Institution for the account from which the payment was made in accordance with the External Institution’s instructions. If you do not do this, you may be liable to pay even if this was not your intention.
The same applies if the External Institution for the account from which the payment was made from has provided you with information about that a transaction was made, or made this information available in some other way, and you have not reported the fault to the External Institution within thirteen (13) months from when the amount was charged to the account.
7.12 Unauthorised transactions
If you suspect that a payment has been made without your approval, you are responsible for reporting this as soon as possible, subject to any time requirements prescribed under applicable law, from when you became aware of this. You shall report it to the External Institution for the account from which the payment was made in accordance with such External Institution’s instructions.
7.12.1. If it was possible to execute unauthorised transactions because you did not protect your log-in details to your account and/or your technical equipment, you are responsible for the amount, though for no more than SEK 400, EUR 50, DKK 375 or any other amount stipulated in mandatory consumer protection legislation.
7.12.2 If it was possible to execute unauthorised transactions because you breached any of the undertakings set out in sections 5.1 – 5.3 by acting gross negligent, you are responsible for the entire amount or up to the amount permitted by applicable law.
7.12.3 Please note under Swedish legislation you, in the event that you are a consumer, are responsible for the entire amount, though for no more than SEK 12,000 if the circumstances in section 7.11.2 are met.
7.12.4 Please note under Danish legislation you, in the event that you are a consumer, are responsible for the entire amount, though for no more than DKK 8,000 if the circumstances in section 7.11.2 are met.
7.12.5 However, you are under Swedish and Danish legislation responsible for the entire amount if it was possible to execute unauthorised transactions because you breached any of the undertakings set out in section 5.1 – 5.3 by acting with intent in a particularly reprehensible way.
Regardless of the above provisions, you are not responsible for any amount charged to the account after you have reported that the Service should be blocked. Nor are you responsible for any amount that has been charged to the account if strong customer authentication (i.e. a level of security that is stronger than just a username and password) was used when the unauthorised transaction was initiated, except if you have not sufficiently protected your log-in details for your account and/or your technical equipment. However, the provisions of this paragraph do not apply if you caused or contributed to the unauthorised transactions through deceitful conduct.
Notwithstanding anything stated above, you are responsible for the entire amount if you have not notified the External Institution about the unauthorised transactions as soon as possible, subject to such time prescribed under applicable law, from becoming aware of them, or at the latest within thirteen (13) months from the amounts being charged to the account.
8. Unavailability, rejection and blocking of the Service
Under certain circumstances Brite may be unable to provide you with the Service due to the following reasons:
- Technical issues on the External Institution´s side or the External Institution being down for maintenance;
- you are not a customer of the specific External Institution;
- you have insufficient funds with the External Institution;
- your session has expired;
- your login credentials have been rejected by the External Institution;
- your account is blocked with your External Institution;
- the transaction amount exceeds the limit that you currently have set up with your External Institution;
- your e-identification is installed incorrectly, or other technical configurations are missing with your External Institution;
- you are missing an internet banking agreement with the specific External Institution;
- your External Institution requires you to update your contact information;
- you have spent all your key codes;
- you are not authorized to give consent due to legal restrictions; or
- too many simultaneous identification or confirmation attempts.
We may block, suspend or otherwise limit your access to our Service, including reject a transaction, and/or to terminate these Terms and Conditions, where we reasonably consider it necessary to comply with our legal obligations, for the following reasons:
- For the prevention of fraud;
- we have reason to believe that you in any way are involved in money laundering, terrorism financing or other criminal activity;
- to protect us against any legal or regulatory risk;
- when we reasonably suspect, or are aware that you have breached these Terms and Conditions in a material respect;
- if we have received a voluntary request directly from you or a person you have authorised to block you from the Service;
- if you are under such age that we or the Merchant requires for the use of the Service; or
- when and to the extent necessary due to technical reasons, including when necessary to ensure the security of communication channels, equipment, or information.
We will notify you of any blocking, suspension or limitation unless applicable law prevents us from doing so.
You may at any time contact us at support@britepayments.com if you have any question about your use of our Service or if you have experienced an unavailability, block or a rejection when using the Service.
Please note that our decision to block and to take any other action under these Terms and Conditions whether they restrict or extend you access to our Service may be based on confidential criteria that are essential to our management of risk and protection of Brite, our customers and/or service providers. We may also be restricted by regulation or governmental authority from disclosing certain information to you about such decisions.
9. Charges
The Service is free of charge for you as a user. However, you are responsible for any costs when using the Service within and outside such country in which you have used the Service in that you may incur from parties other than Brite, such as bank charges and data traffic costs.
10. Availability of the Service
Brite does not guarantee the availability of the Service. Brite cannot be held responsible for losses if the Service is down, if the Service is not functioning as intended or expected or if information in the Account Information Service is not correct.
11. Amendments and changes
We may amend, delete, or add to these Terms and Conditions and change, delete, discontinue, or impose restrictions on any feature or aspect of the Service for the following reasons:
- To meet legal, financial, and regulatory requirements;
- to reflect a change in market conditions or the overall cost of providing the Service to you;
- to reflect a change in technology or to cover a development change in our Service;
- to make the Terms and Conditions clearer; or
- if we reasonably believe there is a valid reason to make a change.
To the extent permitted by applicable law, Brite is entitled to implement changes to the Service or the way in which the Service is provided without prior information and such changes will be effective immediately provided such changes neither reduce your rights nor increase your responsibilities.
If these Terms and Conditions constitute a Framework Agreement, the amended Terms and Conditions will come into force no earlier than two (2) months after you have been informed of the amended terms. By continuing to use our Service after any changes to these Terms and Conditions take effect, you agree to be bound by those changes. Any necessary editing, including for typographical or calculation errors or other obvious mistakes, does not constitute an amendment to the Terms and Conditions.
If you disagree with the amended terms, you may at any time terminate these Terms and Conditions with immediate effect and free of charge before the change takes effect by contacting us at support@britepayments.com.
12. Processing of personal data
Protecting your personal data is very important to us. Please review our Privacy Policy available at https://assets.britepayments.com/terms/Privacy_Notice.pdf in order to better understand our commitment to maintain your privacy, as well as our use and disclosure of your personal data.
13. Confidentiality and professional secrecy
Brite is subject to professional secrecy obligation (subject to any legal or regulatory applicable exception). Professional secrecy may however not be invoked against certain authorities, in particular competent tax and customs authorities, and the judicial authorities acting in the context of criminal proceedings.
The professional secrecy does not prevent Brite from communicating information to third parties for the purposes of certain operations, and to third parties with whom Brite has concluded service contracts with a view to entrusting them with important operational functions. In this context, persons receiving information covered by professional secrecy are required to keep it confidential, except where the above-mentioned legal exemptions apply.
14. Limitation of liability
Brite is not liable for any damage which is due to Swedish or foreign applicable legislation, the actions of Swedish or foreign competent public authorities, acts of war, strikes, blockades, boycotts, lockouts, or other similar circumstances. The reservation as regards strike, blockade, boycott and lockout also applies if Brite is itself the subject of or implements such industrial action.
Brite is not liable for loss that has also arisen in cases other than those specified in the first paragraph in the event that Brite’s actions are to be regarded as having been taken with due caution. Brite is not responsible for indirect loss unless the loss was caused by Brite’s gross negligence to the extent permitted under applicable law.
In addition to the provisions of the first and second paragraph, Brite is not liable in cases of unusual or unpredictable circumstances over which Brite has no control and whose consequences were impossible for Brite to avert despite all efforts made unless and to the extent prohibited by applicable law. Brite is not liable for any damage resulting from an external cause unrelated to the provision of the Service, not attributable to Brite and independent of Brite, nor does liability for implementation of the Service arise when Brite, or when the party engaged by Brite, has acted in accordance with Swedish or EU legislation unless and to the extent prohibited by applicable law.
Brite is not liable for any damage resulting from the following cases to the extent permitted by applicable law:
- any fault, any abusive or fraudulent use of the Service or any non-compliance with the current Terms and Conditions by you,
- the failure of any of the third-party entities involved in the payment chain, including, but not limited to, payment servers and systems, bank verification and authentication systems, SEPA transfer systems of the payment service providers, interbank transfer systems, electronic money, and flow processing systems,
- a malfunction of the internet network, the telecommunications network, or the electrical network unless these malfunctions can be attributed to Brite,
- a malfunction linked to Brite´s website and/or its information systems,
- a malfunction or an interruption of the APIs made available by External Institutions, the latter remaining outside the control of Brite,
- the communication by the External Institution of an erroneous payment status or any inconsistency between the payment status communicated by the External Institution and the payment settlement,
- refusal of the payment transaction by the External Institution, including if the limits applicable by the latter are exceeded,
- phishing (theft of personalised security data, etc) or compromise of the data not attributable to Brite.
- the transmission of incorrect information by you, the Merchant or the External Institution, including in relation to documents and proofs requested by Brite in the context of the fight against money laundering and financing of terrorism,
- in case of force majeure. This includes natural disasters, fires, internal and external strikes, breakdowns, shortages, war, power cuts, telecommunication network failures, loss of internet connectivity due to public or private operators and in general any event beyond the control of Brite and making it impossible to fulfil these Terms and Conditions.
Should Brite be prevented from executing payment or undertaking other action as a result of a circumstance stated in the first paragraph, the action may be postponed until such time that the impediment has been removed. In the event of a delay in payment, Brite shall pay interest according to the interest rate applicable on the due date for payment, provided interest has been promised. If interest has not been promised, Brite is not liable to pay interest at an interest rate that is higher than the applicable reference interest rate set by the European Central Bank (ECB) from time to time.
Should Brite, as a consequence of a circumstance described in the first paragraph, be prevented from receiving payment, Brite is, for the duration of the impediment, only entitled to interest as stipulated by the conditions that applied on the due date.
Purchases of goods, services, digital content or the like in conjunction with use of the Payment Initiation Service will be regulated by the Merchants’ terms and conditions and are outside the scope of these Terms and Conditions. It is therefore important that you also read the Merchant’s terms and conditions. Brite is not liable for what you purchased or for the Merchant’s actions or omissions. The Service is thus provided by Brite independently of any services and/or goods you purchase from your Merchant and the Merchant does not play a role in the provision of the Payment Initiation Service or in the Account Information Service.
To the extent permitted by applicable law, we exclude all warranties.
15. Security
Brite implements and undertakes to maintain appropriate technical and organisational security measures that comply with industry standards and that ensure a level of security appropriate to the risks that are associated with the activity carried out.
You undertake to:
- Not commit to any act likely to jeopardise the security of Brite´s information systems and not try to circumvent the security measures or other limitations of the Service; and
- immediately inform its External Institution in case of suspected fraudulent access or use of your account or any event that could lead to such fraudulent and/or unauthorised use of the Service, but not limited to loss, theft, accidental disclosure, misappropriation or any compromise of your account identifiers and other data or an unauthorized operation.
You remain solely responsible for the use of your data and the equipment and software you use to use the Service as well as the implementation and maintenance of appropriate security and confidentiality measures to protect them (back-up, updates, password security). You remain solely responsible for the use you make of your data in case you export and store it on any external support.
16. Customer Due Diligence
Brite has a right and may have an obligation to process data about you and your payment transactions within the framework of applicable money laundering and asset freezing legislation. Brite is entitled to block payment transactions or take other measures relating to the transaction or you if Brite cannot fulfil its obligations within the framework of applicable money laundering legislation, customer due diligence and asset freezing requirements. We may be prohibited to notify you of such block according to applicable law.
17. Assignment
You may not assign or transfer any rights or obligations you have according to the Terms and Conditions.
Brite is entitled to assign all or parts of its rights and obligations according to the Terms and Conditions, though provided such assignment or transfer is not to your disadvantage and does not change the rights and obligations you have according to the Terms and Conditions.
18. Right to withdrawal
If we have entered into a Framework Agreement, you have the right to withdraw from these Terms and Conditions without giving any reason and without penalty within fourteen (14) days of your use of the Service. Please contact us at support@britepayments.com should you wish to exercise your right to withdraw from these Terms and Conditions.
19. Term and termination
Provided you have not entered into a Framework Agreement with us, each time you use the Service, you will need to approve the current version of the Terms and Conditions and thereby enter into a new contract with us, and the Terms and Conditions are terminated as soon as we have performed the Service you requested.
If we have entered into a Framework Agreement, these Terms and Conditions remain in force for a period of 365 days following the day when the Service was last performed at your request.
You may at any time terminate these Terms and Conditions with immediate effect by contacting us at support@britepayments.com.
Agreements that are a Framework Agreement can also be terminated by us with a notice period of two (2) months. We may also terminate these Terms and Conditions with immediate effect if you have materially breached the terms of these Terms and Conditions.
If any provision of these Terms and Conditions is deemed invalid or unenforceable in accordance with its terms, such invalidity or unenforceability shall in no event affect the applicability of other provisions hereunder, which other provisions shall remain in full force and effect.
Our failure to act with respect to a breach of any of your obligations under these Terms and Conditions by you or others does not waive our right to act with respect to subsequent or similar breaches.
20. Complaints
If you are dissatisfied with Brite’s handling of the Service, you can present your complaint and any claim for compensation to Brite via email at complaints@britepayments.com as soon as you become aware of the event to which the complaint relates.
If you are domiciled in Sweden and have used our Service in Sweden, you may refer to the National Board for Consumer Disputes on www.arn.se or the National Board for Consumer Disputes (ARN), Box 174, 101 23 Stockholm. Applications to the Board must be given in writing. There are certain value and time limits that apply for the Board to be able to consider the matter.
If you are a domiciled and have used our Service in any of the below listed jurisdictions, please refer to the competent bodies referred to below if you have a complaint:
Domiciled in and used the Service in: | Competent body for your complaint: |
Lithuania | Bank of Lithuania website: www.lb.lt by email via: info@lb.lt by post to the following address: Tororiu g. 4, LT-01121 Vilnius |
Latvia | The Consumer Rights Protection Centre website: www.ptac.gov.lv by email via: pasts@ptac.gov.lv by post to the following address: Brivibas street 55, Riga, LV-1010 The Ombudsman of the Finance Latvia Association website: www.financelatvia.eu by email via: ombuds@financelatvia.eu by post to the following address: Business Center “VERDE” Roberta Hirsa Street 1, Riga LV-1045 |
Belgium | Ombudsfin website: https://www.ombudsfin.be/en/individuals/introduce-complaint/ by e-mail via: ombudsman@ombudsfin.be or by post to the following address: North Gate II, Boulevard du Roi Albert II, n°8, bte. 2 |
Denmark | The Danish Consumer Ombudsman (DCO) website: www.forbrugerombudsmanden.dk by e-mail via: fo@forbrugerombudsmanden.dk by post to the following address: Danish Consumer Ombudsman Carl Jacobsens Vej 35 DK – 2500 Valby (Th DCO is competent if you have used the Service (in DKK) in relation to one of Brite´s merchants that are established in Denmark or that has marketed its products/services to you as a Danish consumer.) |
You may also refer to the EU’s online platform for dispute resolution: www.ec.europa.eu/odr/. Although you are using the online platform for reporting your dispute or your complaint with Brite, the matter will be sent to the National Board for Consumer Disputes for a decision. Further information about online dispute resolution is available at www.konsumenteuropa.se.
21. Intellectual Property
Brite owns all rights, title, and interest (including intellectual property rights) in and to the Service, our website and technology. If you choose to give us feedback or suggestions about any part of our Service, website or technology we may use that without any limitations.
22. Applicable law and jurisdiction
Disputes as a result of the Terms and Conditions shall be determined by a general court in Sweden applying Swedish law. If you are contracting with us as a consumer this does not limit your rights under mandatory statutory consumer protection regulations and for you to bring proceedings before the courts of the place where you are domiciled.