Terms and Conditions

1. Scope

1.1 Please read these Terms and Conditions (T&Cs) carefully before using the services presented on the website https://ConsultPay.net. The website and services of ConsultPay, Lietzenburger Str. 98, 10719 Berlin, are not directed at consumers but exclusively at businesses.

1.2 The website https://ConsultPay.net serves general informational purposes and for comparing and finding a suitable payment service provider for the payment processing of merchants’ goods and services (“Merchants”). By using the website and the services of ConsultPay, you agree to these Terms and Conditions.

1.3 The following General Terms of Use apply to the brokerage of third-party payment services by ConsultPay.

1.4 Any merchant terms that deviate from ConsultPay’s General Terms of Use do not apply. This also applies if their inclusion is not expressly objected to.

1.5 The use of ConsultPay’s services is free of charge for merchants and is financed through partnerships with various payment service providers and advertising. In the event of a contract between ConsultPay and the merchant, ConsultPay may receive a commission from the payment service provider. ConsultPay establishes contact between the merchant and the payment service provider and acts as a neutral intermediary. ConsultPay provides individual consulting services up to contract conclusion and remains a contact partner even after contract conclusion. In the case of a payment service contract, a contractual relationship is established exclusively between the merchant and the payment service provider. ConsultPay has no influence on the contract conclusion or the conditions stipulated in the contract.

2. Data protection

2.1 As the operator of this website, protecting your personal data is our highest priority. All personal information is treated confidentially and in accordance with legal regulations, as explained in this privacy policy.

2.2 For further information about the handling of all personal data, please refer to our privacy policy (https://ConsultPay.net/datenschutz/). By using the website and ConsultPay’s services, you agree to the data protection regulations.

3. Terms of use for the website

3.1 By visiting and using the website https://ConsultPay.net/ (hereinafter referred to as the “Website”) or any other website owned or operated by ConsultPay, you agree to the website’s terms of use, the privacy policy, and any other legal notices, disclaimers, and policies contained on this website (hereinafter the “Terms of Use”).

3.1.1 You will not use the website for any unlawful purpose or for any purpose prohibited by the Terms of Use.

3.1.2 Use of the website by minors (anyone under 18) is not appropriate and therefore prohibited for minors.

3.1.3 By visiting and using the website, you confirm that you fully accept the Terms of Use. If you do not accept the Terms of Use, you must immediately cease visiting or using our website.

3.1.4 ConsultPay also reserves the right to change the Terms of Use at any time; your continued use of the website after such a change will be regarded as acceptance of the change.
Furthermore, ConsultPay reserves the right, without prior notice, to change or remove the website in whole or in part (temporarily or permanently), and you confirm that ConsultPay shall not be liable to you for any such change or removal.

4. Links to third-party websites or materials

4.1 The website may contain links to websites operated by third parties. ConsultPay assumes no responsibility and has no control over the content and practices of these other websites.

4.2 The provision of such links does not imply that ConsultPay endorses these websites, their content, their owners, or their practices, and you confirm that ConsultPay is not responsible for the content or availability of these websites.

5. Brokerage services by ConsultPay

5.1 ConsultPay compares offers for payment processing in Germany. Merchants can request offers for payment services via the website. Required forms and documents from the merchant are forwarded by ConsultPay only after an initial consultation with the merchant to payment service providers deemed suitable by ConsultPay.

5.2 The payment service provider then independently decides whether to submit an offer to the merchant. The offer is forwarded to the merchant by the payment service provider via ConsultPay.

5.3 If one or more offers are present, ConsultPay continues to act as an independent advisor to the merchant. Even after a contract is concluded between merchant and payment service provider, ConsultPay remains a contact partner.

6. Consulting services by ConsultPay

6.1 ConsultPay will contact the merchant after receiving his inquiry to understand his initial situation and, based on this, provide individual advice regarding payment processing.

6.2 ConsultPay supports the merchant in determining the scope of services and drafting the inquiry. The above-mentioned consulting service is provided free of charge. The inquiry to the payment service provider is made by ConsultPay.

6.3 After receipt and forwarding of the offers by the payment service providers to the merchant, it is up to the merchant whether they wish to obtain a professional assessment of the available offers from ConsultPay. ConsultPay advises and supports the merchant in selecting a suitable offer, but the decision ultimately rests solely with the merchant. This consulting service by ConsultPay is provided free of charge.

6.4 The advice and assessment by ConsultPay are made based on the initial inquiry, the merchant’s information and documents, and the available offers for payment processing. If necessary, additional information may need to be considered. The merchant is obligated to fully inform ConsultPay about his company, any special features, problems, wishes and ideas, and any changed or newly arisen circumstances.

6.5 ConsultPay expressly does not provide legal or tax advice. Obtaining such advice independently is solely the responsibility of the merchant. Any consulting services and assessments by ConsultPay are limited to the economic aspects of the available offers. This also applies in the event of legal or tax aspects having an effect on the economic result, for example, increased costs in supposedly cheaper offers due to legal or tax aspects.

6.6 Regardless of any consulting services by ConsultPay, a contract is only concluded between the merchant and the selected payment service provider. ConsultPay has no influence on the contract conclusion or the terms defined in the contract.

7. Warranty and liability

7.1 ConsultPay is liable for intent and gross negligence as well as for damages resulting from injury to life, body or health without limitation. ConsultPay is only liable for damages resulting from slightly negligent breaches of essential contractual obligations caused by ConsultPay for the typical and foreseeable damages. Essential contractual obligations are obligations whose fulfillment enables the proper execution of the contract with ConsultPay in the first place and on whose compliance the merchant regularly relies and may rely.

7.2 Liability for indirect damages and lost profits in the event of simple negligence is excluded. Otherwise, ConsultPay is not liable.

7.3 ConsultPay also accepts no responsibility or liability for incorrect, incomplete, or misleading content or information, or for events outside the control of ConsultPay.

7.4 In the case of fraudulent concealment of a defect or in the event of the assumption of a guarantee by ConsultPay, the above-mentioned liability limitations or exclusions do not apply. Liability under the Product Liability Act remains unaffected. If ConsultPay’s liability is excluded or limited, this also applies to the personal liability of its legal representatives and vicarious agents. The liability limitations also apply to all types of claims, including those arising from tort law.

8. Contract conclusion and contractual penalty

8.1 Through the input masks prepared by ConsultPay or other means of transmission provided by ConsultPay, the merchant transmits his personal data. The merchant is responsible for providing all data completely and correctly. If the merchant provides false or insufficient information, ConsultPay is entitled to leave the request unprocessed. In the event of deliberate submission of false personal data by the merchant, ConsultPay reserves the right to withhold the offered services or to exclude the merchant from using the provided services and to demand compensation for any resulting damage.

8.2 Upon receipt of offers, the merchant is obliged to check the offer and contract documents immediately for accuracy. If discrepancies are present, the merchant is obliged to inform ConsultPay accordingly.

9. Copyright

9.1 The texts and images used on the website are the intellectual property of ConsultPay. Copying and publishing them on other websites or offline is prohibited or only possible after consultation and explicit written approval by ConsultPay.

9.2 Use beyond the description present in the Terms of Use is not permitted. The third-party trademarks shown on our websites are subject to their rights and claims. No mediation or transfer of rights to use trademarks, copyrights or other rights is established by providing these materials.

10. Final provisions

10.1 These General Terms and Conditions conclusively regulate the legal relationship between ConsultPay and the merchant. The effectiveness of the General Terms and Conditions as a whole is not affected by the current or future invalidity of any provision of the General Terms and Conditions or parts thereof.

10.2 The law of the Federal Republic of Germany, excluding the conflict-of-law rules under international private law, serves as the guideline for the contractual relationship of the parties.

10.3 The exclusive place of jurisdiction for all disputes arising from or in connection with this contract is Berlin.