Freepay ApS
1.1 These stated terms and conditions, as well as any subsequent written amendments thereto, constitute Freepay ApS', CVR no. 38434772, Ll. Sct. Hans Gade 11A, ground floor left, 8800 Viborg, Denmark Terms and Conditions, and apply to all Freepay's Customers, Partners, Suppliers and Subcontractors (hereinafter the Contracting Party), unless otherwise agreed or specified.
1.1.1 By entering into an agreement with Freepay ApS, the Contracting Party accepts Freepay's Terms and Conditions.
1.2 A separate agreement - hereinafter referred to as the Main Agreement - is entered into regarding Freepay's applicable Services, Products and the Contracting Party's rights and obligations thereto. By signing the Main Agreement, the Contracting Party must both follow and comply with Freepay's Terms and Conditions as well as the Main Agreement.
1.2.1 In case of discrepancy between the Main Agreement and the Terms and Conditions, the Main Agreement shall prevail, unless otherwise agreed.
1.3 The Contracting Party's specification of special terms in its own Terms and Conditions shall not be considered a derogation from Freepay's Terms and Conditions, unless Freepay has accepted these in writing.
2.1 Freepay's Services and Products are referred to in the Terms and Conditions as "the Service".
2.1.1 "The Service" includes Freepay's Services and Products in the role of Payment Service Provider (PSP).
2.2 Freepay's Services and Products are further defined and addressed in the Main Agreement.
3.1 The Parties shall mutually keep each other informed of any material matter regarding the delivery and performance of the Service.
3.1.1 The Parties have a duty to inform the other if a Party becomes aware of criticism, complaints or lawsuits arising in connection with the delivery or use of the Service.
3.2 The Contracting Party shall appoint a qualified contact person who is responsible for ensuring ongoing compliance with the Main Agreement and the Terms and Conditions.
3.2.1 The Contracting Party shall provide the employee's contact details to Freepay and keep Freepay updated regarding these, should the contact person or their details change.
3.3 The Contracting Party shall loyally cooperate with Freepay regarding the delivery and use of the Service, including timely ensuring that Freepay has access to all the Contracting Party's data, information and employees necessary for the delivery of the agreed Service.
3.4 The Contracting Party shall at all times act in accordance with applicable Danish law and EU law.
4.1 Both Parties have a responsibility to treat all material and all information about the other Party - including information received from the other Party in connection with the performance of the Service - as confidential information, with the exception of information;
(i) which was publicly known at the time of entering into the agreement;
(ii) which the recipient was already aware of at the time of entering into the agreement;
(iii) which has been disclosed by a third party without restrictions;
(iv) which is disclosed pursuant to a legal requirement or court order.
4.2 Confidentiality does not cease upon termination of the Main Agreement.
5.1 The Parties shall comply with all their respective obligations under applicable data protection legislation as amended from time to time.
5.2 The Parties undertake to use appropriate security measures against unauthorized or unlawful processing of data.
5.3 Freepay is a data processor and may collect, process, store, transfer and/or resell anonymized data in accordance with the Main Agreement and applicable law.
5.4 Processing of personal data on Freepay's website is governed by Freepay's Cookie Policy and Privacy Policy.
5.4.1 Freepay's Cookie Policy and Privacy Policy can be found at Freepay.dk. It is the responsibility of the Contracting Party to inform its employees, customers, etc. about Freepay's Privacy Policy.
6.1 Any remuneration to Freepay shall be made in accordance with the Main Agreement.
7.1 The Parties' rights prior to commencement of the contractual relationship are maintained regardless of whether these are covered by the Service or not. Upon entering into the agreement, neither Party acquires rights over the other's property and cannot act on behalf of the other.
7.2 Freepay holds ownership of any form of intellectual property rights, products, services, systems and solutions that arise as part of the provision of the Service.
7.3 The Contracting Party is only entitled to use the Service internally in its organization, as long as there is a valid agreement between the Parties regarding the Service. After termination of the agreement, the Contracting Party shall immediately cease the use of Freepay's trademarks, products, services and systems.
7.4 The Service may only be used for own use and for the purpose specified in the Main Agreement.
7.5 The Service delivered by Freepay may only be used by the Contracting Party with whom Freepay has an agreement and may not be passed on or transferred to a third party or a subsidiary, without prior consent.
7.6 Freepay has the right to amend the Terms and Conditions with one (1) month's notice.
8.1 If either Party materially breaches its obligations under the Main Agreement and/or these Terms and Conditions, the other Party is entitled to terminate the cooperation.
8.2 In the event of material breach, the Main Agreement cannot be maintained by rectification of the breach, unless this is accepted by both Parties within fourteen (14) days after the sending of written notice. The notice shall state the grounds for the breach and contain information that the Main Agreement will be terminated if the matter is not rectified before the deadline expires.
9.1 Where nothing else is stated/agreed, the rules on liability are determined according to the general rules of Danish law on damages.
9.2 Freepay is not liable for indirect losses or consequential damages, including loss of goodwill, image, revenue, profit or loss of data arising from the delivery of the Service.
9.3 Freepay cannot be held liable for claims arising due to false, misleading or incomplete information, data or documentation provided by the Contracting Party or third parties.
9.4 Freepay cannot be held liable for losses etc. that have arisen as a result of technical interruptions, technical disturbances, technical problems, disturbances on the seller's/third party's servers and/or services.
9.5 Freepay cannot be held liable for Partners', Suppliers' or Subcontractors' lack of or deficient delivery of services.
10.1 Termination of the Main Agreement can only take place as elaborated in the Main Agreement.
10.2 Both Parties, however, have the right to terminate the Main Agreement immediately if there is a material breach of the Main Agreement that is of decisive importance to the other Party or in case of violation of applicable law.
10.3 Cancellation shall be made with one (1) month's notice, calculated from the date on which the cancellation is communicated. And shall be made in writing to hej@freepay.dk
11.1 Any disagreement or dispute between the Parties shall be sought resolved through mediation. If mediation does not lead to a viable result within a reasonable period of time, the matter shall be decided under the application of Danish law before the Danish courts.
Last updated November 1, 2025.
