The EasyPaymentsPlus website is owned and operated by FeePay Limited, a company registered under the laws of Ireland.

By using the EasyPaymentsPlus website or registering with EasyPaymentsPlus, users agree to be bound by the following terms and conditions. The provision of any services by EasyPaymentsPlus for a user shall be subject to these terms and conditions.

In these terms and conditions, the following definitions shall apply:

"You/User" means any person, firm or company who makes a Payment directly to a Organisation via the EasyPaymentsPlus website, any Organisation which registers with EasyPaymentsPlus and any other natural or legal persons using this website for any reason, and any of their or its employees, consultants and authorised agents who may use the website from time to time;

"EasyPaymentsPlus" means FeePay Limited trading as EasyPaymentsPlus

"Website" means the website
www.EasyPaymentsPlus.ie . or www.EasyPaymentsPlus.co.uk

or www.EasyPaymentsPlus.com



1. Registration/Use

1.1 In using or registering with the Website, You represent that You are of legal age to form a binding contract and are not a person barred from receiving services under the laws of any applicable jurisdiction, or in the case of a company or other User that is not an individual You represent that You have the capacity to enter into a contract with EasyPaymentsPlus.co.uk. You also agree to provide:

1.1.1 True, accurate, current and complete information about Yourself and

1.1.2 Maintain and promptly update the data to keep it true, accurate and complete.

1.2 All contracts concluded on this website shall be in the English language

1.3 Please note that EasyPaymentsPlus keep a record of User's registration details and details of any Payments made by or to a User for the duration of any User's registration with the Website and for a period of [6] years thereafter.

1.4 EasyPaymentsPlus reserves the right to refuse registration of any User at its absolute discretion.


2. Organisations

About the Organisations and organisations that feature on EasyPaymentsPlus:

2.1 Registered Organisations in Ireland and the UK can join EasyPaymentsPlus at the absolute discretion of EasyPaymentsPlus organisations who upon investigation are deemed to be eligible can show a legal structure our satisfaction will be allowed to register on the site..

2.2 EasyPaymentsPlus shall not have any responsibility for or liability in connection with the activities of Organisations registered with this Website.


3. Fees and Payment

3.1 For Your information, EasyPaymentsPlus has agreed with each Organisation registered on this Website that fees and bank fees will automatically be deducted from every Payment made using the Website.

3.2 YOUR PAYMENT WILL BE PROCESSED IMMEDIATELY BY EASYPAYMENTSPLUS AND THE PROCESSING BANK. YOU ACKNOWLEDGE THAT IN THE ABSENCE OF FRAUD, YOU SHALL NOT HAVE ANY RIGHT OF CANCELLATION OF YOUR PAYMENT AND IN PLACING A PAYMENT, YOU WAIVE ANY STATUTORY RIGHTS YOU MAY HAVE TO CANCELLATION OF THE PROCESSING OF YOUR PAYMENT BY EASYPAYMENTSPLUS.


4. Credit Card Payment

4.1 Users making Payments by charge card or credit card hereby agree and assure EasyPaymentsPlus that:

4.1.1 all charge card or credit card information supplied is true, correct and complete;

4.1.2 the person making the Payment is duly authorized to use the charge card or credit card for that purpose and

4.1.3 the Payment and the fees will be
honoured by the donor's credit card company.

4.2 All Payments made via the Website are final unless fraudulent use of the card is proven in accordance with clause 4.1.2.


5. Protecting Your password

5.1 It is up to each User to protect their username and password for their EasyPaymentsPlus account. The User is responsible for all activities that occur under its password.

5.2 By accepting these terms and conditions You agree that EasyPaymentsPlus takes no responsibility for fraudulent use of any EasyPaymentsPlus account whereby the username and password has been used to access the account.

5.3 If You believe that Your username and password has been compromised and / or is being used by another person, we recommend that You change Your username and password immediately or contact us using the details on the Contact Us page.


6. Use of Your Payment

6.1 Users hereby acknowledge that EasyPaymentsPlus has no control over the use of Payments which are made to Organisations registered with this site.

6.2 EasyPaymentsPlus takes no responsibility for Your dissatisfaction with the use of Your Payment to any Organisation.

6.3 If You have cause for dissatisfaction with the use of Your Payment You may contact the Organisation directly using the contact details provided on the Website.


7. Privacy and security policy

7.1 EasyPaymentsPlus's privacy and security policy forms part of the terms and conditions of use of this site, and acceptance of these terms and condition assumes acceptance of the privacy and security policy.

7.2 The privacy and security policy is worded in a separate document from these terms and conditions, and may be viewed by clicking
here.

7.3 For the purposes of this Agreement, FeePay acts as a Data Processor only in respect of any Personal Data Processed by FeePay in connection with this Agreement.

 

7.3 SMS services are supplied by a 3rd party provider. FeePay Limited cannot be held responsible for the quality of services provided, including delayed receipt of SMS messages. Users agree to be bound by the terms of service of the SMS provider.

7.4 All cardholder information is protected and will never be passed onto any third parties

7.5 EasyPaymentPlus's data protection schedule is contained in Annex A of this document.


8. User Conduct and Content

8.1 Users agree to act in a responsible and legal manner when using the Website. Users shall comply with all applicable laws, regulations and rules and undertake not to use the Website or allow the Website to be used for any unlawful purpose, for the commission of any offence or crime under the laws of any jurisdiction to which access is obtained through the website or in a manner which is likely to cause harm, offence or nuisance to any other Internet user.


8.2 EasyPaymentsPlus reserves the right to remove or suspend any material posted which is, in its sole opinion, in breach of this clause, or which it suspects to be in breach of this clause at its absolute discretion. EasyPaymentsPlus shall be entitled to terminate a User's registration for breach of this clause.


8.3 In addition to any other remedies available to EasyPaymentsPlus pursuant to this Agreement, the User agrees to indemnify and hold EasyPaymentsPlus harmless for any losses, liabilities, costs and expenses of whatever nature, arising as a result of breach of clause 8.2.


9. Links

9.1 The Website may contain links to the Organisations registered with EasyPaymentsPlus.

9.2 EasyPaymentsPlus accepts no liability in connection with any third party site accessed via a link from this Website, or any contract entered into or through a third party website. EasyPaymentsPlus does not provide any warranties in respect of the content of any third party websites accessed via a link from this website.

9.3 Any relationship that a FeePay user forms with any organisation linked to the EasyPaymentsPlus website is the responsibility of the user.


10. Intellectual Property

10.1 The EasyPaymentsPlus name and logo are the property of FeePay Limited and may not be used in any way without express written permission from FeePay Limited.

10.2 The trademarks, copyright and any other intellectual property displayed by Users on this website, including names and logos of Organisations registered with the website, may not be used or reproduced without the express written permission of the owners of same.

10.3 The EasyPaymentsPlus website contains Intellectual Property which is the proprietary property of EasyPaymentsPlus ("Website IP"). The Website IP includes but is not limited to copyrights and information about technology and may be provided in the form of text, graphic, audio and video downloads, links or source codes. EasyPaymentsPlus retains the rights to the Website IP and reserves all rights in respect of same.

10.4 EasyPaymentsPlus provides information on its website. Users may for personal use only, print copies of the information and temporarily store the files on their network. Website IP is intended only for registered Users of EasyPaymentsPlus and is provided only for Your convenience. EasyPaymentsPlus grants no license or property rights to any such Website IP other than as expressly set out herein.

10.5 The Website IP is provided by EasyPaymentsPlus on an as is basis, and EasyPaymentsPlus expressly disclaims, to the extent permitted by applicable law, any or all warranties, expressed or implied, including without limitation warranties of merchantability and fitness for a particular purpose, with respect to any Website IP. To the extent permitted by applicable law, EasyPaymentsPlus excludes any or all responsibility and /or liability for any damages or loss of any kind whatsoever with respect to the Website IP whether any of the foregoing are, without limitation, indirect, incidental, special, punitive, consequential or of any other kind whatsoever.



11. Changes to these terms and conditions

11.1 EasyPaymentsPlus reserves the right at any time from time to time to modify or discontinue, temporarily or permanently the website with or without notice. You agree that EasyPaymentsPlus shall not be liable to You or any third party for any modification, suspension or discontinuation of the Service.

11.2 Every time You transact through the site You are deemed to have understood and accepted the latest terms and conditions as published at the time.


12. Failure to comply with these terms and conditions

12.1 Any User who fails to comply in any way with these terms and conditions may at the sole discretion of EasyPaymentsPlus and without prior notification, be suspended or banned altogether from using the site.


13. Termination

13.1 EasyPaymentsPlus may terminate Your registration with the Website or your use of the Website on written notice (which shall include e-mail) if You are in breach of any of the terms and conditions of this Website and fail to correct such breach within fourteen (14) days following adequate notice from EasyPaymentsPlus specifying the breach or in the case of a breach of clause 8.2, EasyPaymentsPlus may terminate forthwith without notice.

13.2 In the event of the use of the site being terminated for any User, that User will still be bound by the terms and conditions of the site in all matters relating to the site.

13.3 Termination of these terms and conditions for any reason shall not affect the accrued rights of the parties.


14. Limitation of Liability

EasyPaymentsPlus shall use reasonable skill and care in the operation of the Website. However, You hereby acknowledge that:

14.1 EasyPaymentsPlus makes no warranty as to the accuracy, reliability or currency of any information on this Website.

14.2 EasyPaymentsPlus shall not be liable for any interruption or suspension of the Website or related services due to circumstances beyond its control including, without limitation any breakdown in Internet connectivity or security.

14.3 EasyPaymentsPlus 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 the access to or use of this Website, including, without limitation, damage arising as a result of any bugs, trojan horses, viruses, worms or other harmful codes or errors experienced as a result of accessing the Website.

14.4 To the fullest extent permitted by applicable law, EasyPaymentsPlus shall not be liable to any User under contract, tort, equity or otherwise for any loss or damages arising out of our in connection with the User's use of the Website or the provision of services by EasyPaymentsPlus.co.uk, whether any of the foregoing are, without limitation, special, incidental, indirect, punitive or consequential and /or, whether any of the foregoing are, without limitation, occasioned by the negligence, fault, error, omission, act or breach of EasyPaymentsPlus, its employees, contractors or sub-contractors.

14.5 Without prejudice to the generality of the foregoing, under no circumstances shall EasyPaymentsPlus be liable to any User for any consequential, economic or indirect loss or damages, loss of profits, revenue, business, capital, administrative time or loss of or loss of use of data or software, howsoever arising.

14.6 EASYPAYMENTSPLUS EXPRESSLY DISCLAIMS ALL AND SHALL NOT BE DEEMED TO HAVE GIVEN ANY WARRANTIES, EXPRESS OR IMPLIED (BY LAW OR OTHERWISE), AND (OTHER THAN AS SET OUT IN THIS AGREEMENT) EXPRESSLY DISCLAIMS AND EXCLUDES ALL TERMS AND CONDITIONS, EXPRESS OR IMPLIED BY STATUTE OR OTHERWISE, IN CONNECTION THIS WEBSITE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. WITHOUT PREJUDICE TO THE GENERALITY OF THE FOREGOING, AND TO THE EXTENT PERMITTED BY LAW ALL CONDITIONS AND WARRANTIES IMPLIED BY SECTION 39 OF THE SALE OF GOODS AND SUPPLY OF SERVICES ACT, 1980 ARE HEREBY EXCLUDED AND THE PARTIES AGREE THAT THESE EXCLUSIONS ARE FAIR AND REASONABLE.


15. Indemnity

15.1 You agree to indemnify and keep fully indemnified and hold EasyPaymentsPlus and its employees, subsidiaries, affiliates, officers and agents harmless from and against any claim or demand whatsoever made by any third party and any losses, costs, damages, expenses and liabilities, including reasonable legal fees, due to or arising out of (i) User Content you submit, post, transmit or make available on or through the Website, (ii) Your use of the Website and (iii) Your breach of these terms and conditions.


16. Governing Law

16.1 These terms and conditions are governed by Irish law and any disputes arising in any way in relation hereto shall be subject to the exclusive jurisdiction of the Irish Courts.


17. Support

17.1 In the event that You experience technical difficulties in the use of the services on the Website, please access the "contact us" page via the below link and send us your query.

http://www.easypaymentsplus.com

 


 

Annex A

Data Protection Schedule

Definitions

1.1              In this Data Protection Schedule the following words shall have the meanings given:

(a)                 controller, process, and processor have the meanings given to them in DP Law;

(b)                 data subject means an individual who is the subject of personal data;

(c)                  DP Law means: (i) the General Data Protection Regulation ((EU) 2016/679) (GDPR); and (ii) any other laws, regulations and secondary legislation enacted from time to time in the Republic of Ireland relating to data protection, the use of information relating to individuals, the information rights of individuals and/or the processing of personal data, including without limitation any legislation giving effect to GDPR or otherwise replacing current data protection legislation; and

(d)                 personal data has the meaning given to it in the DP Law, so far as it relates to the personal data, or any part of such personal data, of which Feepay Ltd is the processor acting on the Client Organisation's behalf and in relation to which the Client Organisation is the controller.

Compliance with data protection law

1.2              Each party shall comply with the DP Law as it applies to personal data processed under this DPA. This clause is in addition to, and does not relieve, remove, or replace, a party's obligations under the DP Law.

Data processing

1.3              The Client Organisation is solely and wholly responsible for establishing and maintaining the lawful basis for the processing of personal data by Feepay Ltd under this DPA, including where applicable the obtaining of all necessary consents from data subjects, and the Client Organisation shall notify Feepay Ltd in writing on request of the applicable lawful basis for any processing Feepay Ltd is required to perform under this DPA.

1.4              A description of the data processing carried out by Feepay Ltd under this DPA is set out in Part 1 of the Appendix to this Data Protection Schedule.

1.5              In respect of the personal data processed by Feepay Ltd as a data processor acting on behalf of the Client Organisation under this DPA, Feepay Ltd shall:

(a)                 process the personal data only on the Client Organisation's written instructions, unless required by law to process it differently (in which case it shall, if permitted by such law, promptly notify the Client Organisation of that requirement before processing);

(b)                 process the personal data only to the extent, and in such a manner, as is necessary for the purposes of carrying out its obligations under this DPA;

(c)                  ensure that it has in place appropriate technical and organisational measures to protect against unauthorised, unlawful or accidental processing, including accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to personal data, including all measures required to ensure security of processing as prescribed by Article 32 of the GDPR, such measures in each case to be appropriate to the likelihood and severity of harm to data subjects that might result from the unauthorised, unlawful or accidental processing, having regard to the state of technological development and the cost of implementing any measures. Without limitation, Feepay Ltd shall implement any and all specific technical and organisational measures required by the Client Organisation as may be set out in this DPA;

(d)                 ensure that persons engaged in the processing of personal data are bound by appropriate confidentiality obligations, including after the end of their employment contract or at the end of their assignment or engagement;

(e)                 keep a record of the processing it carries out, and ensure the same is accurate;

(f)                  comply promptly with any lawful request from the Client Organisation requesting access to, copies of, or the amendment, transfer or deletion of the Personal Data to the extent the same is necessary to allow the Client Organisation to fulfil its own obligations under the DP Law, including the Client Organisation's obligations arising in respect of a request from a data subject;

(g)                 notify the Client Organisation promptly if it receives any complaint, notice or communication (whether from a data subject, competent supervisory authority or otherwise) relating to the processing, the personal data or to either party's compliance with the DP Law as it relates to this DPA, and provide the Client Organisation with reasonable cooperation, information and other assistance in relation to any such complaint, notice or communication;

(h)                 notify the Client Organisation promptly if, in its opinion, an instruction from the Client Organisation infringes any DP Law (provided always that the Client Organisation acknowledges that it remains solely responsible for obtaining independent legal advice regarding the legality of its instructions) or Feepay Ltd is subject to legal requirements that would make it unlawful or otherwise impossible for Feepay Ltd to act according to the Client Organisation's instructions or to comply with DP Law;

(i)                   notify the Client Organisation without undue delay after becoming aware of an actual or suspected personal data breach arising in respect of personal data provided or made available by the Client Organisation. Feepay shall assist the Client Organisation in fulfilling their respective obligations under Article 33 (Notification of a personal data breach to the supervisory authority) and Article 34 (Communication of a personal data breach to the data subject) of the GDPR.

(j)                  not permit any processing of the personal data processed by Feepay Ltd under this DPA by any agent, sub-contractor, supplier, processor or other third party (sub-processor) without the prior written authorisation of the Client Organisation

(k)                 ensure in each case that prior to the processing of any personal data by any subprocessor, terms equivalent to the terms set out in this Data Protection Schedule are included in a written contract between Feepay Ltd and any sub-processor engaged in the processing of the personal data;

(l)                   The Client Organisation hereby gives its prior written authorisation to the appointment by Feepay of each of the sub processors or categories of sub-processors (as the case may be) who will process personal data listed in Part 2 of the Appendix to this Data Protection Schedule, and to the extent this authorisation is in respect of a category of sub-processors, Feepay shall inform the Client Organisation of any intended changes concerning the addition or replacement of other sub-processors;

(m)                only transfer the personal data outside of the European Economic Area (including outside of the UK if it ceases to be a member of the European Economic Area) if it has fulfilled each of the following conditions: (i) it has provided appropriate safeguards in relation to the transfer; (ii) data subjects continue to have enforceable rights and effective legal remedies following the transfer; (iii) it provides an adequate level of protection to any personal data that is transferred; and (iv) it complies with reasonable instructions notified to it in advance by the Client Organisation with respect to the transfer; [1]

(n)                 inform the Client Organisation promptly (and in any event within five (5) business days) if it receives a request from a data subject for access to that person's personal data and shall:

(i)         promptly provide the Client Organisation with reasonable co-operation and assistance in relation to such request; and

(ii)       not disclose the personal data to any data subject (or to any third party) other than at the request of the Client Organisation or as otherwise required under this DPA;

(o)                 provide reasonable assistance to the Client Organisation in responding to requests from data subjects and in assisting the Client Organisation to comply with its obligations under DP Law with respect to security, breach notifications, data protection impact assessments and consultations with supervisory authorities or regulators;

(p)                 delete or return that personal data to the Client Organisation at the end of the duration of the processing as referred to in the Appendix, and at that time delete or destroy existing copies subject to any obligations existing under the GDPR or Member State law;

(q)                 subject to the requirements of commercial and Client Organisation confidentiality, make available to the Client Organisation such information as is reasonably required to demonstrate compliance with this Data Protection Schedule and, subject to any other conditions set out in this DPA regarding audit, allow for and contribute to audits, including inspections, of compliance with this Data Protection Schedule conducted by the Client Organisation or a professional independent auditor engaged by the Client Organisation. The following requirements apply to any audit: (i) the Client Organisation must give a minimum thirty (30) days' notice of its intention to audit (or such shorter period of notice as it receives itself where an audit is mandated by its regulator); (ii) the Client Organisation may exercise the right to audit no more than once in any calendar year; (iii) commencement of the audit shall be subject to agreement with Feepay Ltd of a scope of work for the audit at least ten (10) days in advance; (iv) Feepay Ltd may restrict access to certain parts of its facilities and certain records where such restriction is necessary for commercial and/or Client Organisation confidentiality; (v) the audit shall not include penetration testing, vulnerability scanning, or other security tests; (vi) the right to audit includes the right to inspect but not copy or otherwise remove any records, other than those that relate specifically and exclusively to the Client Organisation; (vii) any independent auditor will be required to sign such non-disclosure agreement as is reasonably required by Feepay Ltd prior to the audit; and (viii) the Client Organisation shall compensate Feepay Ltd for its reasonable costs (including for the time of its personnel, other than the Client Organisation relationship manager) incurred in supporting any audit.

Data Retention

Feepay will retain personal data in accordance with the instructions of the Client Organisation and in accordance with legal requirements for retention of data.

1.6              In the absence of such an instruction regarding data retention from the Client Organisation, Feepay will impose the following default data retention policy on this data:

(i)                   Customer Accounts will be retained for two years after the last transaction on the account

(ii)                  Transaction data for Schools (not including personal data) will be retained for 8 years.

(iii)                Transaction data for all other organisations (not including personal data) will be retained for 6 years.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Appendix to the Data Protection Schedule Part 1 - Description of the processing

Subject matter of the processing

The processing of personal data to the extent necessary for the provision of services setout in this DPA by Feepay Ltd to the Client Organisation.

Duration of the processing

The duration of the processing of personal data by Feepay Ltd under this DPA is the period of this DPA and the longer of such additional period as: (i) is specified in any provisions of this DPA regarding data retention; and (ii) is required for compliance with law.

Nature of theprocessing

Such processing as is necessary to enable Feepay Ltd to comply with its obligations and exercise its rights under this DPA, including collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure, or destruction.

Purpose of the processing

The performance of Feepay Ltd's obligations and exercise of its rights under this DPA, including the performance of functions required or requested by the Client Organisation for the Client Organisation's compliance with it statutory and/or contractual obligations.

Personal data types

Personal data provided to Feepay Ltd by or on behalf of the Client Organisation, including personal data provided directly to Feepay Ltd by a data subject or third party: (i) on the instruction or request of the Client Organisation; or (ii) on the request of Feepay Ltd where Feepay Ltd has been authorised to make such request by the Client Organisation or is legally required to make such request. The personal data processed under this DPA will include;

 

Please see table below

Categories of data subjects

Personal data related to individuals associated with the Client Organisation (including its past and current pupils and parents / guardians.

 

Obligations and rights of the controller

As set out in the DPA.


Personal Data

Purpose

Contact Email

Email address to contact Org and Admin login identifier.

Contact Name

Used for account management

Contact Phone

Used with consent to contact account admin.

DBA Contact Name

Used as a link between Payment Platform and EPP

DBA Phone

Used as a link between Payment Platform and EPP

Org Address

Used for account management

Org Email

Used for account management

Org Name

Used for account management

Parent Name

Legal billing person on family account

PERSONAL INFORMATION

Specific to the Organisation. May include any of Health, Age, Gender, and Membership Details. Used operationally by customer organisations.

Phone (Landline)

Org uses client phone number for contact.

Phone (Mobile)

Org uses client phone number for contact.

Principal Contact No.

Contact number for school principal

Principal Name

Name of school principal

Student ID

Unique student identifier for school

Student Name

Name of student within a school\club family account

Web Admin Email

Used for deployment of EPP link with Org (Buttons)

Web Admin Name

Used for deployment of EPP link with Org (Buttons)

 


 

Part 2 - Authorised sub-processors and categories of sub-processor

 

 


Authorised sub-processor / category of sub-processor

Description of the processing carried out by the sub-processor / category of sub-processor

MailChimp

Sending emails on behalf of FeePay and FeePay Client Organisations

Clickatell

Sending SMS messages on behalf of FeePay and FeePay Client Organisations

Amazon Web Services

Securely storing data.