Terms and Conditions
These Terms of Use (“Terms”, “Terms of Use”, “Terms and Conditions”) apply to the Hoof software platform, payment processing services, card readers and other products and services accessible via the Hoof (hoofpay.com) website and the Hoof mobile applications (hereinafter referred to as the “Service”) operated by Hoof Europe Limited (“us”, “we”, or “our”).
These Terms are separated into three sections:
- Section 1 describes the Terms governing your use of the Service
- Section 2 describes the Terms governing payment processing as part of your use of the Service
- Section 3 describes the additional Terms relating to the relationship between you and us
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms together with the Privacy and Cookies Policy, which you confirm that you have read and agree that they constitute part of these Terms. These Terms apply to all merchants including visitors, users and others who access or use the Service.
Our obligations under these Terms are limited to providing you with the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the Terms then you may not access the Service.
Section 1 – Your use of the Service
Accounts
You must create an account with Hoof Europe Limited to use the Service. When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third-party. You must notify us immediately upon becoming aware of any breach of security or unauthorised use of your account.
We have implemented technical and organisational measures designed to secure your personal information from accidental loss and from unauthorised access, use, alteration or disclosure. However, we cannot guarantee that unauthorised third parties will never be able to defeat those measures or use your personal information for improper purposes.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorisation, or a name that is otherwise offensive, vulgar or obscene. You expressly agree that we cannot be held liable for any loss or damage arising out of any misrepresentations you make in this regard.
You agree to notify us immediately of any change of details associated with your account including changes to the type of your business, changes to your name, sale or change of ownership, change of bank account details or registered address and changes to any of the other information you have provided.
Purchases
You are encouraged to familiarise yourself with your rights contained within the Sale of Goods Act 1979, Unfair Contract Terms Act 1977 and the Unfair Terms in Consumer Contracts Regulations 1999.
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete. You expressly agree that Hoof Europe Limited is not responsible for any loss or damage arising from the submission of false or inaccurate information.
By submitting such information, you grant us the right to provide the information to third-parties for purposes of facilitating the completion of Purchases.
Subscriptions
Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription. All pricing quoted on our website is exclusive of value added tax (VAT).
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Hoof Europe Limited cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting Support.
A valid payment method is required to process the payment for your Subscription. You shall provide Hoof Europe Limited with accurate and complete billing information including full name, address, state, postcode, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorise Hoof Europe Limited to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, Hoof Europe Limited will attempt to process the payment up to three times. If we are unable to process the payment, you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period. If you do not make payment, we reserve the right to suspend or terminate your account.
Free Trial
Hoof Europe Limited may, at its sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”).
You may be required to enter your billing information in order to sign up for the Free Trial.
If you do enter your billing information when signing up for the Free Trial, you will not be charged by Hoof Europe Limited until the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.
At any time and without notice, Hoof Europe Limited reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
Fee Changes
Hoof Europe Limited, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
Hoof Europe Limited will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Subscription Refunds
Except when required by law, paid Subscription fees are non-refundable.
You have the right to cancel your order of any card readers, third-party hardware or other products included or sold with the Service within fourteen days. The product must be returned to us at your expense in its original, unused condition in its unopened packaging. You are responsible for the product until it reaches us and has successfully passed an inspection. You can cancel your order by contacting Support.
Availability, Errors and Inaccuracies
We are constantly updating our offerings of products and services on the Service. The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other web sites. We may at any time update or modify the Service with immediate effect without prior notification. You expressly agree that any such offer of a product or service does not constitute a legal offer capable of attracting legal consequences.
We will use all reasonable means to provide the Service to you twenty-four hours a day, all year. We may, however, suspend at our reasonable discretion the Service to be provided to you or limit the duration of the Service in order to perform maintenance or if required by law or if you have failed to comply with your obligations under these Terms or if there is reasonable suspicion of any unauthorised, illegal or criminal activity.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. Section “Availability, Errors and Inaccuracies” is without prejudice to existing statutory rights.
We reserve the right to appoint a third-party in order to fulfil some or all of our obligations under these Terms.
Restrictions
In order to use the Service you require a compatible mobile device, tablet or computer and internet connection services supplied to you by third-parties. Such third-parties may charge you for using the device and internet connection to access the Service and you are solely responsible for the payment of such fees.
You may not: (i) directly or indirectly export the Service; or (ii) permit any third party to access or monitor any material or information provided as part of the Service using any manual process, robot, spider, scraper or other automated means; or (iii) copy, reproduce, alter, modify, create derivative works, publicly display, republish, upload, post, transmit, resell or distribute the Service in any way; or (iv) use and benefit from the Service via a rental, lease, timesharing, service bureau or other arrangement; or (v) transfer any rights granted to you under these Terms; or (vi) violate the restrictions in any robot exclusion headers on any Service, work around, bypass or circumvent any of the technical limitations of the Service, use any tool to enable features or functionalities that are otherwise disabled in the Services or decompile, disassemble or otherwise reverse engineer the Service; or (vii) perform or attempt to perform any actions that would interfere with the proper working of the Service, prevent access to or use of the Service by any person or entity, or impose an unreasonable or disproportionately large load on our internal systems; or (viii) the Services for any illegal activity or goods or in any way that exposes you or us to harm.
If Hoof Europe Limited reasonably suspects that the Service has been used for any unauthorised, illegal or criminal purpose, you give us authorisation to share information about you, your entity and any of your transactions with law enforcement.
Content
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.
By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
Third-party Products
Card readers, third-party hardware and other products may be included or sold with the Service. You are not allowed to sell, rent, license or transfer the product to a third-party or allow the use of the product by a third-party. You are also not allowed to modify the software or the hardware of the product in any way.
Except as expressly set out in these Terms, all card readers, third-party hardware and other products are provided solely according to the warranty and other terms specified by the manufacturer, who is solely responsible for service and support relating to its product.
For service, support or warranty assistance with the card readers, third-party hardware or other products, you should contact the manufacturer directly.
Section 2 – Payment processing as part of your use of the Service
Our role
You can use the Service to accept payments from your customers either through a card reader provided by us or by manual entry of the payment card information. You can also use the Service to accept online payments, by sending your customer a link to enter their payment card information on our website.
We provide the tools to accept payments, but we are not a payment processor. In order to provide these tools, we have entered into partnership agreements with payments processors, gateways and other providers including our current processor, Paysafe Financial Services Limited, or any other processors which we may notify you about.
You can address any questions regarding payment processing, in writing, to Paysafe Financial Services Limited, 25 Canada Square, 27th Floor, London, United Kingdom, E14 5LQ.
Application
In order to use the Service to accept payments, you need to enter into a separate agreement with Paysafe Financial Services Limited. If you inform us that you would like to use the Service to accept payments, we will submit an application to Paysafe Financial Services Limited and any other relevant parties on your behalf. You must be the authorised signatory for the business you represent, have a UK-based bank account and provide the account name, account number and sort code as part of your application. Your application will be reviewed and is subject to approval. If your application is not approved, you will not be able to use the Service to accept payments or order card readers.
In some cases, the card networks require that certain merchants enter into a separate agreement directly with the acquirer. In those cases, we will provide you with information that needs to be completed. If you fail to complete this information when required, we may suspend or terminate your account. If American Express considers you to be a high value customer, they may also require that you maintain an agreement directly with American Express. We will notify you of any such requirement.
Payments
You can accept payments for authorised goods and services from certain credit, debit or prepaid cards bearing the trademarks of Visa Inc., MasterCard International Inc. and American Express Travel Related Payment Services Company, Inc. Cards may be added or removed at any time. You can only accept payments for business purposes in the United Kingdom.
You shall not accept any payments where the payment card does not contain all of the elements that are typical for that type of card, where the payment card appears to be manipulated or damaged or where the payment card has expired.
You must not set a minimum threshold that is higher than £1.00 for any transaction. You will not apply any surcharge to card payments and provide your customers with at least equal conditions as you provide to those customers who pay in cash.
Funds
You explicitly authorise us and the payment processor that we work with to hold, receive and disburse funds on your behalf. Your authorisation will remain in full force and effect until your account is closed or terminated. Payouts to your nominated bank account are executed by the payment processor and we shall not be responsible for the ultimate credit of funds to your bank account. The payout schedule is set by the payment processor, with payouts only made on business days, which are all days excluding Saturday’s, Sunday’s and British bank holidays.
We may temporarily withhold payouts to you and accrue a reserve at our sole discretion at any time in order to cover any amount that you owe to us. If the reserve does not cover the amount owed, you agree to pay the full amount owed within three business days, including any costs and expenses we have incurred in connection with the collection of any amount owed to us.
We shall be entitled to conduct an investigation or resolve any pending dispute related to your account, and as a result we may restrict access to your funds for the time it takes for us to do so.
Card Fees
You declare and request from us that we may charge blended fees for card processing as per the rate schedule shown on our website. All fees are exclusive of any value added tax (VAT) and we reserve the right to charge VAT should there be a change in tax law. Our blended fees include all processing costs and card scheme fees. You agree that these fees will be deducted from the funds you collect from your customers, prior to any payout being made to your nominated bank account.
We will provide you with access to an account statement periodically and in a format that allow you to store and reproduce the information in an unchanged form. You request and agree that we aggregate fee information by brand, application, payment instrument categories and rates of interchange fees applicable to the transaction, as applicable.
Receipts
You shall give the customer the option to receive a receipt for all transactions, either in paper-based form or via electronic delivery by email or text message.
Recurring Billing
If you accept recurring customer transactions, you must obtain the customer’s consent to charge their payment card for the amount at specified or varying times and notify the customer that they are able to discontinue such recurring transactions at any time, provided they do so prior to the end of the business day preceding the payment day. You must discontinue processing the recurring transactions of a customer immediately upon their request that you do so. You must retain evidence of the customer’s consent for 12 months from the date you processed the last recurring transaction. If your account is terminated for any reason, you must notify all customers for whom you process recurring transactions of the date on which you will no longer be accepting recurring payments.
Taxes
You are liable for determining, collecting, withholding, reporting and remitting to the appropriate tax authorities any and all taxes assessed, incurred, or required to be collected, paid, or withheld for any reason in connection with the use of the Service. This includes value added tax (VAT). If required to do so by a law or a government authority you give us authorisation to share information about you, your entity and any of your transactions with law enforcement.
Network and Processor Rules
By using the Service to accept payments, you agree to the terms and conditions of Paysafe Financial Services Limited. You also agree to comply with all applicable bylaws, rules and regulations set forth by the card networks. These will take precedence in the event of inconsistency with these Terms.
The card networks have the right to enforce any provision of their rules and to prohibit you from engaging in any conduct they deem could injure or could create a risk of injury to them, including reputational injury or that could adversely affect the integrity of the interchange system, information the networks deem to be confidential or both. You agree not to take any action that could interfere with or prevent the exercise of this right by the networks and agree to cooperate with any issues arising out of a breach of security.
You must comply with the American Express Data Security Operating Policy. You must indicate your acceptance of American Express branded cards wherever you communicate the payment methods you accept to customers and you agree to display these trademarks in accordance with their brand guidelines. You must remove these trademarks immediately should your account be terminated. You may not criticise or mischaracterise American Express or any of its services or programs, and you must not engage in activities that harm the American Express business or brand. You must not use any American Express card to verify a customer’s age. You agree not to process payments on American Express cards until after the services have been rendered.
PCI Compliance
If you store, process or transmit customer data, you will comply with the applicable Payment Card Industry Data Security Standards (‘PCI-DSS’), as well as any requirements under the card network rules. You will cooperate in forensic investigations as required by us. Information about the PCI-DSS is available on the website of the PCI Council.
Refunds and Returns
You must disclose at the time of purchase a fair return and cancellation policy. You must monitor your account and and refund to the respective customers any transactions that you received in error or the excess where the amount of the transaction was wrong. You shall process all refunds and returns through your account. The amount refunded must not exceed the amount of the original transaction.
If we determine that you are processing an excessive amount of refunds, we may disable the refund option on your account.
Chargebacks
The amount of a transaction may be charged back to you if the transaction is disputed by the customer, is reversed for any reason by the relevant card scheme, the payment processor, or any other financial institution, was not authorised, or is allegedly unlawful, suspicious, or in violation of these Terms.
You shall assist us when requested, at your expense, to investigate any of the transactions you have accepted and acknowledge that your failure to assist us in a timely manner, including providing necessary documentation no later than ten business days from our request may result in an irreversible chargeback.
If a chargeback dispute is not resolved or you choose not to contest the chargeback, we reserve the right to collect any fees incurred in processing the chargeback including, but not limited to, the original transaction amount plus any fees.
If we determine that you might incur or are incurring an excessive amount of chargebacks, we may implement additional conditions relating to your use of the Service.
Processing Errors
We will attempt to fix incorrectly executed transactions that we discover and that we are responsible for. If you have received fewer funds than you were entitled to, we will instruct the payment processor to credit your nominated bank account with the difference. If the error results in your receipt of more funds than you were entitled, we will instruct the payment processor to deduct the fund from your account or if there are insufficient funds, your nominated bank account. We will only attempt to correct transactions if you notify Support within ten business days.
Except as required by law, you shall be solely responsible for keeping records of all transactions and other data related to your account and your use of the Services.
Section 3 – The relationship between you and us
Intellectual Property
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Hoof Europe Limited and its licensors. The Service is protected by copyright, trademark, and other laws of both the United Kingdom and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Hoof Europe Limited.
When you upload content, you give to Hoof Europe Limited a worldwide, non-exclusive, royalty-free, transferable licence (with right to sub-licence) to use, reproduce, distribute, prepare derivative works of, display, and perform that Content in connection with the provision of the Service and otherwise in connection with the provision of the Service and Hoof Europe Limited business.
Links To Third-party Web Sites
Our Service may contain links and integrations with third-party web sites or services that are not owned or controlled by Hoof Europe Limited.
Hoof Europe Limited has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that Hoof Europe Limited shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Termination
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
If you do not use the Service for two consecutive years, we will send a notification to your registered email address and in case you do not respond to our notice within thirty days and state that you want to keep using the Service, we will automatically terminate your account. Your funds will be handled according to applicable law, and if permitted, accrue to us.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service or close your account permanently by contacting Support.
Termination of your account will cancel any pending transactions. Any funds that are due for payout will be paid out according to your payout schedule agreed with the payment processor. Any termination does not relieve you of obligations to pay the fees or costs accrued prior to the termination.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Complaints and Disputes
In the event of any complaints and disputes you should contact Support in the first instance. You may be required to communicate directly with the payment processor if we are unable to resolve the issue.
Any issues relating payment processing that cannot be resolved by us or the payment processor should be referred to the Financial Ombudsman Service, which helps settle complaints between customers and companies registered by the Financial Conduct Authority (FCA). For any issues not relating to payment processing that cannot be resolved by us, claims should be settled through the courts of the United Kingdom.
Indemnity
You will indemnify, defend and hold us harmless from and against any and all claims, costs, losses, damages, judgments, tax assessments, penalties, interest, expenses and legal fees arising out of any claim, action, audit, investigation, inquiry or other proceeding instituted by a person or entity that arises out of or relates to any actual or alleged breach of these Terms, your wrongful or improper use of the Service and any other party’s access and/or use of the Service using your details.
Governing Law
These Terms shall be governed and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least thirty days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the service.