1. Initial provisions
1.1 These Recurring Payments terms ("Recurring Payments Terms") set forth the legally binding terms and conditions for use of the Recurring Payments Service by the Partner within the Mews Platform.
1.2 These Recurring Payments Terms are published on the Mews website and form an integral part of the Agreement.
1.3 This version of the Recurring Payments Terms is valid and effective from the Recurring Payments Terms Effective Date as stated above.
1.4 Recurring Payments Service is offered via the Mews Marketplace and may also be offered by other means.
2. Definitions
2.1 Any capitalized terms not defined in these Recurring Payments Terms shall have the meanings defined in the Mews Marketplace Terms of Service, Merchant Terms or Master Terms and Conditions.
2.2The headings and structure of these Recurring Payments Terms, as well as any examples provided under certain clauses, if any, shall not affect their interpretation.
2.3 These Recurring Payments Terms apply in conjunction with the Mews Marketplace Terms of Service, Merchant Terms and the Mews Master Terms and Conditions, and the customer contract entered into between Mews and the Partner (collectively, the "Applicable Terms"). All of the Applicable Terms shall apply simultaneously and shall collectively govern the Partner’s relationship with Mews in connection with the Recurring Payments Service.
2.4 In case of conflict, inconsistency, or ambiguity between the Applicable Terms, the following order of priority shall apply: (i) customer contract entered into between Mews and the Partner (ii) these Recurring Payments Terms; (iii) the Mews Marketplace Terms of Service; and (iv) the Mews Master Terms and Conditions.
3. Subject Matter
3.1 Purpose of Recurring Payments. Recurring Payments Service enables Partners to automatically charge their Customers through the Payments Services Provider for regular payments on a pre-agreed schedule ("Recurring Payments Service"). Any Payment Processing Services are provided directly by the Payment Services Provider. Mews only facilitates the provision of Payment Processing Services relating to Recurring Payments Service.
3.2 Eligible Payment Services Provider. Recurring Payments Service is available to Partners whose Payment Processing Services are provided by Stripe or Adyen as their Payment Services Provider and who have a valid and effective related Sub-Merchant Agreement.
3.3 Mews Services. The Recurring Payments Service shall be considered as “Mews Services” defined in the Master Terms and Conditions.
3.4 Mews Add-On. The Recurring Payments Service is made available as a Mews Add-On subscription for the duration set out in the Agreement.
3.5 Availability.
- 3.5.1 The Recurring Payments Service is only available where the Customer gives a consent to the Partner to charge their Supported Payment Methods on a recurring basis.
- 3.5.2 The Recurring Payments Service is only available where the Customer agrees with the Partner on the frequency (e.g. annually, monthly) and the amount to be charged.
3.6 Territory. Recurring Payments Service is available for Partners globally. Mews may withdraw or expand the availability of the Recurring Payments Service to additional locations at its discretion and without prior notice.
3.7 Currencies. Recurring Payments Service is available in all the currencies supported by the applicable Payment Services Provider at the time of the Transaction. Mews is not responsible for the (non)availability of specific currencies or for any change in this regard made by the Payment Services Provider.
3.8 Applicability The Recurring Payments Service is available to all Partners who fulfil the relevant requirements set out in these Recurring Payments Terms and who comply with the terms of their applicable Merchant Agreement and Sub-Merchant Agreement.
3.9 Supported Payment Methods. Recurring Payments Service is available for Transactions made by credit cards, debits cards and SEPA payments (“Supported Payment Methods”) as follows:
- Stripe: Recurring Payments Service is available for Transactions made by credit cards, debits cards and SEPA payments for Partners whose Payment Processing Services are provided by Stripe.
- Adyen: Recurring Payments Service is available for Transactions made by credit cards and debits cards for Partners whose Payment Processing Services are provided by Adyen.
Mews reserves the right to modify the list of the Supported Payment Methods at its discretion and without prior notice.
4. Partner Obligations
4.1 The Partner acknowledges that the Recurring Payments Service may be subject to certain legal and regulatory requirements in different jurisdictions. Partner agrees to comply with all applicable laws relating to the use of the Recurring Payments Services.
4.2 The Partner is solely responsible for providing and updating any and all applicable terms and conditions towards Customers. The Partner is also solely and exclusively responsible for obtaining each Customer’s valid, informed, and explicit consent as required to charge the Customer’s Supported Payment Methods through the Payment Services Provider at the agreed frequency and in the agreed amounts.
4.3 The Partner shall fully indemnify, defend, and hold harmless Mews and its affiliates, officers, directors, employees, and agents from and against any and all claims, fines, penalties, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or in connection with a breach by the Partner of Section 4, including any allegation that Customer consent to charge their Supported Payment Methods was invalid, insufficient, improperly obtained, or not obtained at all.
4.4 Partner agrees to use the Recurring Payments Service in compliance with Partner’s relevant agreements with Mews and Payment Services Provider. Partner may only use Recurring Payments Service in connection with its acceptance of payments from its Customers made in exchange for goods or services in connection with its business.
5.Fees and Rates
5.1 The Partner agrees that any payments under these Recurring Payments Terms will be processed via the Sub-Merchant Account and are subject to Merchant Fees.
5.2 Mews may adjust Fees in accordance with the Agreement; continued use after any fee change constitutes acceptance.
5.3 Recurring Payments Fee
- 5.3.1 Recurring Payments Fee is determined by Mews in the Agreement or in the offering details displayed in the Mews Marketplace, depending on the method by which the Partner purchases the Recurring Payments Service.
- 5.3.2 Recurring Payments Fee is paid by the Partner via the Partner’s Sub-Merchant Account.
- 5.3.3 Recurring Payments Fee is non-transferrable and non-refundable.
6. Refunds and Chargebacks
6.1 Any Refunds and / or Chargebacks will be processed in accordance with the Merchant Terms.
7. Termination
7.1 Both Mews and the Partner may terminate the Recurring Payments Service by giving a 30-day notice to the other Party.
7.2 Termination by the Customer: When the Customer withdraws their consent to be charged for the Recurring Payments, the Partner must allow the individual Customer to terminate their Recurring Payments, subject to the terms agreed upon by Customer and Partner.
8. Miscellaneous
8.1 Changes to the Recurring Payments Terms. These Recurring Payments Terms may be changed from time to time by Mews. If Mews makes a change to these Recurring Payments Terms, Mews will inform the Partner at least thirty (30) calendar days before the changes take effect, unless change to the Recurring Payments Terms is required by applicable law, in which case shorter or no notice may apply. Partner's continued use of the Recurring Payments Service after the effective date of any update or modification constitutes acceptance of the updated Recurring Payments Terms. Partner further agrees that updates or modifications do not require additional signatures or express acceptance beyond continued use of the Recuring Payments Service after such effective date. Notwithstanding the foregoing, Mews may update the Recurring Payments Terms without notice to reflect: (a) the change of the eligible Payments Services Provider under Section 3.2; (b) the territory where Recurring Payments Services are available under Section 3.6; and (c) the Recurring Payments Fee under Section 5.