TERMS OF USE FOR PAY SMART PAYMENT SERVICES
Version from April 2025

 

 

PAY SMART provides the services described here as a service to its clients and as a service to you to settle outstanding debts. Any queries you may have regarding rights and obligations outside of the payment obligation arising from a contract for goods, services, or other performance, such as returns, cancellations, or refunds, must be clarified with your original debt holder (e.g., the company from whom you purchased the goods for which PAY SMART requested payment).

You can find PAY SMART's contact information in the Legal Notice. If you have received a payment request, you will find information about it in the letterhead or in the additional details of the communication.
You can use the contact information provided there to clarify any further questions you may have or, should an unfortunate error have occurred, to complain.
Our customer service team is available to assist you in resolving the debt.

The GDPR does not apply to data processing (in debt collection matters) by PAY SMART AG in Switzerland, as Switzerland is not a member state of the EU or the EEA.

With regard to data processing in Switzerland, the Swiss Federal Data Protection Act (DSG) applies. The relevant legal bases ("justifications") can be found there, primarily in Article 13 DSG.

These Terms and Conditions constitute an agreement between PAY SMART AG (hereinafter referred to as PAY SMART) and you as the user ("you" and "your") when you use PAY SMART's payment services and functions, as described in these Terms and Conditions, which may be amended and updated from time to time (the "Services").

PAY SMART not only wants to offer you the best and fastest way to pay your outstanding debt using the method that is most convenient and convenient for you. We also want to offer you a state-of-the-art selection of payment options. With our Service, you can use various payment methods offered by PAY SMART to pay our clients' debts. Furthermore, by using the payment page, you can view the outstanding claims (principal and secondary claims) against our respective client at any time. These terms and conditions explain what this means in more detail.

Please note that in order to use the services of the payment page, you consent to the collection and processing of your technical usage data in accordance with Art. 6 (1) (a) GDPR*. You can revoke this consent at any time by using the communication methods described in our privacy policy. Upon revocation of consent, we will delete the data collected on the basis of your consent. However, a revocation does not affect past data processing operations.

If you have decided to use our payment page, additional terms and conditions may apply to the payment method you have chosen if you choose to pay using one of the payment methods offered by PAY SMART.

 

 

When paying by credit card, you agree that your entered data will be transferred to the credit company via our service providers. Your data will be transmitted in accordance with Art. 6 (1) (b) GDPR (processing for the performance of a contract). The collection and processing are based on your contractual obligation to pay the fee owed for the service provided by the client and any ancillary claims arising from your late performance. You are, of course, free to choose the payment method from the options displayed. You have the option of revoking your consent to data processing based on Art. 6 (1) (a) GDPR* at any time. A revocation does not affect past data processing operations.

Otherwise, we will process your data for as long as necessary to fulfill the purpose, i.e., among other things, data will be processed as long as you or the client can assert claims against us, e.g., due to improper payment processing. The legal basis for processing data based on our legitimate interest for the latter purposes is Art. 6 (1) (f) GDPR. We will then check whether we still need your data because deletion is prohibited by statutory retention periods.

If you select installment payments as your payment method and wish to make the payment accordingly, we will check whether this can be granted.

 

Please note that with regard to debt collection matters in which PAY SMART is involved, the installment payment agreement is only possible if you simultaneously acknowledge the debt.

of the entire claim.

If you choose to pay in installments, you have the option of specifying the number or amount of the installments and the desired start date of the agreement. Once you have done so, you will be redirected to the terms and conditions for concluding an installment payment agreement, which contain all the information and instructions you need to conclude the agreement.

Please make sure you download and save the terms and conditions for concluding an installment payment agreement (including the aforementioned instructions).

You then need to select whether you want to transfer the installments yourself and set up a standing order or authorize PAY SMART to collect the payment. In this case, you must provide your bank account IBAN and the account holder.

Before submitting your request to conclude an installment payment agreement with us, you must confirm that you are requesting installment payment under the terms and conditions for concluding an installment payment agreement and in accordance with the Terms of Use, and that you consider these to be the basis for the intended agreement.

After you request to enter into an installment payment agreement, we will review your request. If we accept it, you will see in the next step on our payment page whether we accept your installment payment request. If so, you will have the opportunity to download the completed agreement. We will also send you confirmation of the installment payment agreement by email if we have your email address.

 

Using our payment services is generally free of charge. Please note that using certain payment solutions offered by PAY SMART may incur fees. Therefore, please ensure you carefully read the specific information about the payment solution you have selected. If we are charged fees by your bank or PAY SMART's payment service providers due to chargebacks, these fees will be added to your outstanding balance and are your responsibility.

We store information about your payments and transactions in the PAY SMART app system. As part of the services offered under these terms and conditions, we enable you to view information about your payments and transactions on your individual payment page.

For the purpose of providing our services, payment data and other information may be transmitted to payment service providers with whom we work. Payment service providers are integrated for the purpose of payment processing on the basis of Art. 6 (1) (b) GDPR and in our legitimate interest pursuant to Art. 6 (1) (f) GDPR to offer an effective and secure payment option.

 

Further information about the processing of your personal data and further information about your rights regarding the processing of your data can be found in our privacy policy on our website https://www.pay-smart.ch/Datenschutz/

 

You will also find our respective contact details there if you have any questions or wish to withdraw your consent to data processing based on this data.

You are obliged to always provide correct information and may only act under your own and correct identity. Any use of information that does not belong to you or that you are not authorized to use for other reasons, or the use of the services in a manner not prescribed, will be considered misuse. Any data related to misuse or suspected misuse may be stored and used for future risk assessment and user protection. If you upload, import, or share images, text, receipts, information about goods, services, or deliveries, or other content on the PAY SMART payment page, PAY SMART will use that content to provide the Services. We have the right to delete any content you upload or share if we are required to do so by law, or if we believe it is offensive, inappropriate, unlawful, infringing the rights of others, or otherwise objectionable. You are responsible for all content you upload or share.

 

By accepting these Terms, you agree that PAY SMART may use electronic means of communication when communicating with you. Payment information, terms and conditions, legally required notices, and other information to you may be provided electronically, including via the PAY SMART website, app, or the email address(es) you have provided to us.

Please note that requests regarding your data cannot be processed via our online payment service website. It is your responsibility to ensure that PAY SMART has your current email address and mobile phone number so that we can communicate with you electronically. If you need to update your primary email address, please contact our customer service to make the change. If you have any questions about electronic communication in general, please contact customer service at support@pay-smart.ch.

 

We expressly reserve the right to add to or change the terms of use for the PAY SMART payment services at any time. This page has been machine translated; the German version published on our website applies.