Version 1.0
1. Background
1.1 The Parties to the Framework Agreement have transferred the right to negotiate for Application Codes to Paii, and Paii is responsible for concluding agreements with Aggregators and Content Providers on their right of use to Application Codes for use in supplying Premium Rate services.
1.2 Paii offers a mobile payment solution that provides End Users with the facility to pay for goods and services via Application Codes with Content Providers that have concluded agreements with Paii on the use of Paii’s payment solution.
1.3 End Users who use Paii’s payment solution have the facility to pay for goods and services that are offered via Application Codes, without billing taking place via the End User’s account with his/her Mobile Company, by means of the End User instead linking a payment card to Paii’s payment solution.
1.4 The Parties and Paii wish to make sure that the rules in the Framework Agreement are applied to the provision of Premium Rate Services via Application Codes, regardless of whether the End User is billed via an account with his/her Mobile Company or via a payment card.
1.5 Against this background, Paii has taken over the Framework Agreement with the modifications described in this Addendum.
2. Definitions
2.1 Unless otherwise expressly stated, the definitions in the Framework Agreement apply correspondingly in this Addendum. In addition to the definitions in the Framework Agreement, the following definitions apply to this Addendum:
Premium Rate shall mean goods and/or services purchased via an Application Code, where payment is made directly or indirectly via the End User’s account with Paii. Premium Rate via an Application Code, which occurs in relation to barcodes (e.g. 1D barcodes and 2D QR codes), Bluetooth, NFC, iBeacon, apps, e-mail, URLs, tags, application software and similar technologies, is covered by the Framework Agreement.
Paii shall mean Paii ApS.
Addendum shall mean this addendum to the Framework Agreement on Mobile Content and Payment Services
3. Scope
3.1 In accordance with this Addendum, the rules in the Framework Agreement apply only to the provision of goods and services provided via a four-digit Application Code in the 1xxx number series, which is charged via the End User’s account with Paii with an associated payment card.
3.2 Paii’s takeover of the Framework Agreement and the ensuing rights and obligations are limited to the Framework Agreement’s area of application in accordance with this Addendum.
3.3 The rights and obligations of the Parties, the Mobile Operators and the Mobile Companies under the Framework Agreement apply correspondingly to Paii, although with the limitations and amendments set out in this Addendum.
3.4 The following obligations in the Framework Agreement do not apply for Paii:
a) the Parties’ obligations with reference to the European Framework for Safer Mobile Use by Younger Teenagers and Children, cf. section 1.2 of the Framework Agreement.
b) the Mobile Companies’ obligations to suspend collection of a disputed amount in the period from receipt by the Mobile Company of a written complaint until the Mobile Company has notified the customer of its decision in writing, cf. section 5 of the Framework Agreement.
4. Maximum amounts
4.1 The Framework Agreement’s maximum amounts for charging via a mobile bill/account, cf. section 9, do not apply to the Framework Agreement’s area of application in accordance with this Addendum.
4.2 The maximum amounts in force at any time in the agreement between Paii and the Aggregator or the Content Provider on the use of Paii comprise the maximum amount that may be collected by the Aggregator/Content Provider for Premium Rate services that are provided via an Application Code.
4.3 Section 4.2 notwithstanding, the Aggregator/Content Provider may in no circumstances collect a higher amount than is specified in current legislation for the Premium Rate service offered.
5. Games and competitions
5.1 Many types of games and competitions require a gambling licence, and the regulations governing this may be found at www.spillemyndigheden.dk under ‘Online casinos’.
5.2 Content Providers that offer Nonprofit Collections that are linked to a competition must have special permission for charitable lotteries (for more details of this, see www.spillemyndigheden.dk).
5.3 Games and competitions that require a gambling licence may not be advertised or offered to children and young people under the age of 18.
6. Charging
6.1 Where charging data can be categorised to a higher level of detail than the categories specified in section 10.1 of the Framework Agreement, the Content Provider is responsible for making sure that charging data transferred to Paii is specified to the highest possible level of detail.
7. Examples
7.1 The examples in section 15 of the Framework Agreement apply correspondingly with the necessary adaptations in respect of the amendments to the Framework Agreement’s maximum amounts, cf. section 4 of the Addendum.
8. Commencement and termination of the Addendum
8.1 This Addendum comes into force on 13 June 2014.
8.2 Paii can terminate the Addendum at one month’s prior written notice to end of month.