Recurring Payments Agreement

The agreement you're making in order to use recurring payments.

1. Definitions

The following definitions should help you better understand this Agreement.

  • Service Provider – lightenbody™ company located at Heweliusza 11/819, 80-890 Gdańsk, Poland operating under EU VAT number PL7532294721, offering online Services and Application,

  • Client – means an entity with a sufficient legal capacity, under the provisions of national legislation, to be subject to rights and obligations, which demands the performance of the Service from the Service Provider by filling the electronic registration form available on the Service Provider’s Website,

  • Agreement – means the Terms and Conditions and any additional documents provided by the Service Provider,

  • Subscription – the fee paid by the Client at the end of each billing cycle for using the Application and/or Service,

  • Application – online booking and management system created and offered by the Service Provider,

  • Additional Services – Services used by the Client outside of the regular Offer,

  • Billing Cycle – specified time period, between the first and the last day of the month, for which a subscription is being charged,

  • Recurring Payment – allows for automatically charging the Client for Subscription on a monthly schedule,

  • Credit Card – is a card issued by a financial company which can be used as payment for Services offered by the Service Provider in line with this Agreement, which can be registered by the Client - the cardholder,

  • Payment Operator – allows the Service Provider for accepting electronic payments by a variety of payment methods including credit card.

2. Subject of the Agreement

  1. When Client selects Recurring Payment as a payment method, provides his Credit Card information and agrees to this Agreement, the Agreement between Client and the Service Provider is formed, and the term of the Agreement will begin.

  2. The Agreement will continue for as long as the Client has a Fitssey account or until the Service Provider terminates the Agreement.

  3. If the Client signs up for the Service on behalf of a company or other entity, he represents and warrant that he has the authority to accept any terms and enter into the Agreement on its behalf.

3. Credit Card Registration

  1. To register a card, Client needs to fill in his Credit Card data (credit card number, expiration date, CVV/CVC code) during the payment process by choosing an appropriate payment method and accept this Agreeement.

  2. Client, by accepting this Agreement agrees for his Credit Card data to be registered in the Application in an encrypted form.

  3. Successful card registration results in storing encrypted Credit Card data (last 4 digits of the credit card number and card expiration date) in Client's Studio and allows the Service Provider to automatically charge the Client for Subscription on a monthly schedule.

  4. Client is obliged to provide true, accurate and complete data and immediately update his data in case of any change to use the service.

  5. Client has the ability to independently manage his Credit Cards, i.e., can register new cards and remove the existing ones.

  6. Payment transactions carried out inside the Application with the use of a Credit Card are operated by the Payment Operators allowing the Service Provider for accepting electronic payments in line with this Agreement.

  7. Using the service does not require and does not result in opening a bank account or a payment account.

4. Payment

  1. Price of the Subscription is based on the amount of Bookings and the value of Additional Services used by the Client during the Billing Cycle. Detailed pricing is available here: https://fitssey.com/pricing.

  2. Subscription starts on the first day of the Agreement or on the day specified in the Offer.

  3. Billing Cycle is the time period between the first and the last day of the month, which starts on the actual Studio registration date. Following Billing Cycles start on the first day of the month and end on the last day of the current month.

  4. Subscription and Additional Services are paid at the end of each Billing Cycle in form of a Recurring Payment.

  5. Not cancelling the Agreement by Client (via email or contact form) results in continuing the Services and charging Subscription and Additional Service fees according to the pricing.

5. Agreement Termination

  1. The Agreement is concluded for an indefinite period of time.

  2. The Agreement can be terminated at any time by the Client by removing the Credit Card registered in Client's Studio.

  3. The Agreement can be terminated by the Service Provider in line with the Terms and Conditions.

  4. In case actions of the Client infringe any rules or agreements specified in this document or have a negative influence on the security of the Application or harm other Clients, or are meant to bypass the Service Provider's security measures, the Service Provider has the right to suspend the service for the Client.

6. Filling a complaint

  1. Client has the right to raise a complaint at any time if the service provided by the Service Provider is not in line with this Agreement.

  2. Complaints should be sent via email to [email protected] or via a contact form available through Service Provider’s Website.

  3. The complaint should consist of:

    • Client’s name,

    • Client’s studio name,

    • description of the issue or subject of the complaint,

    • email address, to which the response should be sent.

  4. Service provider shall investigate a complaint within 14 working days, unless the Client:

    • did not describe the subject of the complaint in a proper way,

    • did not provide details that would enable Client’s identification,

    • did not provide other required information.

  5. In cases listed in section 6.4.a – 6.4.b the time for investigating the complaint starts on the day on which the Client provides details which enable the Service Provider to investigate the complaint.

  6. In specific/complicated situations, the time mentioned in 6.4 can be extended to 30 working days. The specific/complicated situations means the necessity to obtain any extra information by the Service Provider from any third parties cooperating with the Service Provider (e.g. payment operator).

  7. A response to a complaint shall be sent by the Service Provider to an email address provided by the Client.

7. Payment operator

Below you will find a list of entities allowing the Service Provider for accepting electronic payments by a credit card:

  1. PayPro S.A. located at Kanclerska 15, 60-327 Poznań, www.przelewy24.pl, email: [email protected], a Domestic Payment Institution entered in the register of domestic payment institutions kept by the Financial Supervision Authority, entity registration no.: UKNF IP24/2014.

  2. Mollie B.V., with offices at Keizersgracht 313, 1016 EE Amsterdam. Mollie B.V., which has a license for the provision of payment services in conformity with the Financial Supervision Act (Wft), and is as such under the supervision of De Nederlandsche Bank.

  3. PayPal (Europe) S.à r.l. et Cie, S.C.A. is duly licenced as a Luxembourg credit institution in the sense of Article 2 of the law of 5 April 1993 on the financial sector as amended and is under the prudential supervision of the Luxembourg supervisory authority, the Commission de Surveillance du Secteur Financier, with registered office in L-1150 Luxembourg.
    PayPal Inc. (which is a parent company of PayPal (Europe) S.à r.l. et Cie, S.C.A.) is located in California, USA.

8. Other

  1. In situations not regulated by this Agreement, Terms and Conditions and the law of the Republic of Poland applies.

  2. Any disputes between the parties that may arise from the interpretation of this Agreement shall be resolved by the common court of law having its jurisdiction over the seat of the Service Provider.

9. Questions & Concerns

If you have any questions or concerns, please send us a detailed message to [email protected] or via postal mail at:

lightenbody™
Heweliusza 11/819
80-890 Gdańsk
Poland

Updated January 21, 2019