SumUp Bookings Terms
Effective as of 31/10/2024
Note: Please print a copy of this document and retain it for future reference.
1. Introduction
By using SumUp Booking services ("Booking Services"), you agree to be bound by SumUp’s General Terms, these SumUp Booking Terms (“Booking Terms”), and all other terms and policies applicable to specific SumUp Services that you may use. These Booking Terms are Additional Terms and, with the General Terms, are part of the legal agreement between you and SumUp Limited (“SumUp”, “we”, “us”).
For the processing of payments as part of the Booking Services, the Payment Terms apply.
Unless otherwise defined herein, capitalised terms have the same meaning as in the General Terms and the Payment Terms.
The Booking Terms do not apply to your relationship with your customers (“End Customers”), using SumUp Booking to schedule bookings with you.
2. Eligibility
The Booking Services are only available to businesses and are not intended for personal use by consumers. By using the Booking Services, you confirm that you are an entrepreneur, freelancer, or business owner and use the Booking Services exclusively for business purposes.
Accordingly, you have no right of withdrawal pursuant to consumer protection laws.
You must have an Account with SumUp to use the Booking Services, as described in the General Terms.
You should not use our Booking Services, if you have an obligation of professional secrecy under applicable laws (sectors such as but not limited to tax, health, law, auditing, journalism). It is your responsibility to ensure compliance with all legal and regulatory requirements with respect to your professional secrecy obligations. We disclaim any liability for the consequences arising from the use of the Booking Services for activities covered by professional secrecy.
3. SumUp Booking Services
SumUp Booking Services include SumUp’s booking system, as described on our Website that enables your End Customers to schedule bookings with you as well as your management of such bookings through the Booking Services.
You may accept payments from End Customers for your bookings scheduled through the Booking Services through different Payment Services offered by SumUp. Your access to and use of the Payment Services is governed by the Payment Terms.
We reserve the right to change, modify, upgrade, add to, or discontinue the Booking Services or any portion or feature thereof at any time. We will endeavor to provide reasonable notice of significant changes that may affect your use of the Booking Services. However, minor changes or updates that do not materially impact the service may be implemented without prior notice.
4. Your responsibilities and warranties
You are responsible for all activity occurring during your use of the Booking Services, including that of your End Customers.You warrant that the use of our Booking Services will comply with all applicable laws and regulations, including but not limited to consumer, data protection, tax, marketing and related laws and that you not use our Booking Services to offer services that are illegal or potentially illegal.
There is no direct legal relationship between SumUp and your End Customers for the usage of the Booking Services. All settlements with respect to all payments/refunds/cancellations of services that you are extending to your End Customers are managed directly between you and such End Customer in accordance with the terms and conditions agreed upon between you and such End Customer. SumUp bears no responsibility with regards to the commercial and legal relationship between you and your End Customers.
We are not liable for your non-compliance with any laws or regulations, or non-compliance with your customer policies and terms, and you will hold harmless and indemnify SumUp against any and all loss, cost, damages or liabilities which SumUp may incur or sustain as a result of your non-compliance. We do not warrant, endorse, guarantee, or assume responsibility for services that you may offer on the chosen Booking Services or for claims made against you by your End Customers.
You agree that you are responsible for the following in connection with the use of the Booking Services:
ensuring that you can fulfill all bookings made through the Booking Services and for communicating changes directly to your End Customers;
keeping your services up to date and managing availability for the online scheduling of bookings including settings for your staff and services, bookable days and times for staff and services, and lead times as may be appropriate to prevent double-bookings and other events which would adversely affect your End Customers and their experience with the Booking Services. You are responsible for reviewing your online bookings often and regularly. If you cannot honor any booking made through the Booking Services, you agree to promptly communicate such change to the relevant End Customers;
providing End Customers with an adequate return and refund policy in compliance with applicable laws;
handling all complaints, inquiries, comments, and claims related to goods and services you offer;
fulfilling your tax obligations related to the sale of goods and services, and where necessary notifying End Customers of applicable taxes;
providing your customers with a complete and accurate information about your business, description of the goods or services subject to booking, customer service contact, address, delivery policy, customer data protection policy and all other legally required information to be provided to customers in the relevant jurisdiction;
installing software updates promptly, if applicable;
for your staff’s compliance with this Booking Terms;
maintaining the security and control of your premises, equipment (including hardware and associated firmware), and username(s) and access passwords to your SumUp Account;
immediately notifying SumUp, if you become aware of any unauthorized activity under your SumUp Account and cooperating with SumUp to prevent any further unauthorized activity; and
presenting your Terms and Conditions (if any) and Privacy Policy for the End Customer prior to scheduling a booking with you. SumUp accepts no liability for the content or display of your Terms and Conditions and Privacy Policy.
You may not reproduce, duplicate, copy, sell, resell or exploit any portion of the Booking Services, or use or access to the Booking Services, without express written permission from us.
5. Personal data processing
To provide you with the Booking Services, SumUp processes personal data of your staff/team and your End Customers. This Data Processing Agreement (“Booking DPA”) regulates the processing of personal data on the basis, for the purposes and within the term of validity of provision of Booking Services. The Booking DPA forms an integral part of, and is subject to, the provisions of these Booking Terms.
6. Fees
For use of the Booking Services, depending on the selected subscription plan, if applicable, you agree to pay the Fees and any applicable taxes as set forth on our Website and/or in your Account settings or as otherwise agreed in writing as and when due in accordance with the General Terms and the applicable Additional Terms. By providing your credit card or any other payment information, you consent to the use of this information for payments for services, fees, purchases and any other amounts you may owe SumUp or End Customers including chargebacks, refunds or loans.
In the event of late payment, SumUp reserves the right to charge a late payment fee and/ or interest up to the maximum amount permitted by law.
In the event of non-payment of applicable fee, even if such non-payment occurs on a single occasion, SumUp shall be entitled to either terminate the legal relationship with you with immediate effect or suspend the provision of services, without necessitating any prior notification. This does not exempt you from paying the applicable fees until the end of your subscription term.
We reserve the right to change fees upon thirty (30) days’ advance notice. Your continued use of the Booking Services after notice of a change to our fees will constitute your agreement to such changes.
7. Our liability
In addition to what is stated elsewhere in the General Terms and these Booking Terms, SumUp has no obligation to prevent and bears no liability for any service failure, fraud or loss, including loss of profit, associated with the Booking Services. SumUp provides the Booking Services “as is” and does not claim to make any warranties, express or implied, about the serviceability, merchantability, fitness for a particular purpose, or content of the Booking Services.
You release SumUp (and its affiliates, officers, directors, employees and agents) from any and all claims connected with any disputes with End Customers related to their bookings and related deposits, purchases of services or any payment made to you from End Customers through the Booking Services, or your non-compliance with any applicable regulatory requirements. You are solely responsible for compliance with all applicable local laws.
8. Cancellation or Termination
You may cancel your use of the Booking Services at any time through your Account settings if applicable or by stopping the use of the Booking Services. Alternatively, the cancellation can be declared in text form by email to us at [email protected].
In case a subscription fee for the Booking Services apply, you are obliged to pay the applicable fees until the end of your subscription period. We will not be able to refund any fees, but you will have access to the Booking Services until the end of the applicable subscription period.
SumUp may at its sole discretion decide whether your use of the Booking Services violates any restrictions imposed under the General Terms, the Payment Terms, or these Booking Terms. We retain the right to suspend or terminate your Account and/or Booking Service if we determine, or reasonably suspect, that a violation has occurred.
Restrictions and Termination provisions in the General Terms apply.