Terms & Conditions

Version 1.1 - Applicable from February 8 2022

Introduction

The general business terms and conditions are effective for all deals between you and Fellow Pay firms (“Fellow Pay'', “we”, “us”). Unless otherwise is explicitly stated in a separate agreement.  In these terms and conditions you can read the firm’s and your rights, duties, and general information about the customer relationship.

The general business terms and conditions also consist of information regarding the rules and regulations about payments. 

We have the right to change the business terms and conditions without warning if the change is to your benefit. Otherwise, there will be a 14 days notice when a change has been made. 

You can always find the current business terms and conditions on our website www.fellowpay.com.

Electronic communication and entrance of agreement

We offer you all the information in electronic form, despite the agreement documents, terms etc. there are used words such as “written”, “letter”, “account statement” etc. You will receive letters and documents from us electronically in the Fellow Pay App or through e-boks or other digital channels.

These types of letters and documents, which will be received in the Fellow Pay App, e-boks, or other digital channels, can be notifications such as fees and interest rate changes, agreement documents, terms, and as well as warnings of changes. 

When you receive the electronic letters and documents, it does have the same legal effect as if you receive them as regular mail. By this, it means that you must open and check what is sent to you electronically, as would be the case with regular mail. You are obliged to ensure that you have access to the Fellow Pay App, e-boks, and other used digital channels.

We can still continue sending letters and documents as regular mail if we evaluate that it is the best method to inform you.

You can enter electronic agreements with us through the use of your NemID or an equivalent digital ID. When you use your NemID to accept an agreement, it corresponds to an electronic signature. This electronic signature is legally binding in the same way as a signature on a physical document.

Customer due diligence (KYC/KYB)

Like similar companies, Fellow Pay must know its customers. You are therefore obliged to provide information following applicable law about yourself / your company and ownership structure, all the way up to the ultimate beneficial owner, legal owner and the real owner, who manages or has a significant influence either directly or indirectly.

Confidentiality

The employees in Fellow Pay have the obligation of confidentiality about customer relations and are not allowed to share information, which they get through their work, unless it is a natural part of communicating with business partners, including credit bureaus, without authorisation.

Money laundering and terror financing (AML)

Like similar firms in the financial industry, Fellow Pay is registered in the Anti Money Laundering Register and this can imply that we must report matters that indicate complicity in money laundering or terror financing.

Interest calculation and the accrued interest 

Fellow Pay accrues 2% interest for every overdue month if the repayment is overdue.

Offsetting

We may, without prior notice to you, set off any overdue receivables with you in any receivables that you have or receive from Fellow Pay.

Termination

Fellow Pay may terminate an ongoing agreement immediately if it is found that the agreement was made under false assumptions or withheld information. The amount outstanding is immediately due for payment if it happens, or if the customer comes under the like of reconstruction, bankruptcy, death, etc.

Compensation liability

We are not liable for compensation in areas due to:

  • breakdown in / missing access to IT systems or damage to data in these systems, which can be attributed to the events listed below, regardless of whether Fellow Pay itself or an external supplier is responsible for the operation of the systems,
  • failure of power supply or telecommunications, law enforcement or administrative acts, natural disasters, war riots, civil disorder, sabotage, terrorism or vandalism, including computer viruses and hacking,
  • strike, lockout, boycott or blockade, whether the conflict is directed at or initiated by Fellow Pay itself or its organization and regardless of the cause of the conflict. This also applies when the conflict only affects parts of the company,
  • other events, which are beyond the firm's control.

Marketing

By entering the Creditstretch® Agreement you give consent to the use of your company's name and logo on Fellow Pay's website, sales material and presentations.

If you wish the logo and name removed, please give notice to the following email support@fellowpay.com.

Complaints

Complaints about Fellow Pay should be directed to complaints@fellowpay.com.

You can also complain to the European Commission's online complaint portal (ODR). It is only relevant if you are a customer residing in another EU country. If you wish to complain, please email complaints@fellowpay.com.

Protection of personal data

We place great emphasis on you being safe as a customer with us. The information about you that we receive, for example, when you become a customer with us through the Fellow Pay app, we treat it responsibly, with respect for your privacy and - of course - following current legislation on e.g. protection of your personal data.

You can read more about the processing of your personal data in our separate privacy policy in the Fellow Pay App or through www.fellowpay.com.

If you are dissatisfied with how we process your personal information, you can complain to:

Fellow Pay A/S

Klageservice

Applebys Plads 7

1411 København K

complaints@fellowpay.com

or:

Datatilsynet

Borgergade 28, 5.

1300 Københaven K

dt@datatilsynet.dk

If you have any questions regarding the processing of your personal data, you are always welcome to contact our Data protection officer:

Fellow Pay A/S

Databeskyttelsesrådgiver

Applebys Plads 7

1411 København K

dataprotection@fellowpay.com

Language, choice of law, and venue

We set up agreements in Danish and English. The agreements are subject to Danish law and disputes can be submitted to Danish courts.

Changes

We may change the general terms and conditions without notice when it is to your benefit. Other changes are made with a notice of at least 14 days. You will be notified of changes either in writing or electronically (via email, the Fellow Pay App, or e-boks).

You are obliged to ensure that you have access to the Fellow Pay App and to notify us of any changes in your address and/or e-mail address. You are responsible for not receiving notification of changes if you have not informed us of the e-mail and/or change of address and/or do not have access to the Fellow Pay App, your e-mail, or e-boks.

Right of withdrawal

The entire transaction is final and irreversible for both parties, regardless of whether it may be entered into electronically through a trading portal. At the moment when the service has been delivered, the rights of withdrawal lapse when the settlement has taken place.

Power of attorney

Fellow Pay must have stated who has the subscription right or power of attorney for you. Another person can be given power of attorney for you. This is done in writing and Fellow Pay may reject a power of attorney. Changes or revocation of the power of attorney must also be done in writing.