Tikkie for business Terms of Use

Version 3 - February 13, 2023

1. Our services

Tikkie for business (hereinafter referred to as ‘Tikkie’) is offered by ABN AMRO Bank N.V. (hereinafter referred to as ‘the bank’). Tikkie offers the features described in these terms of use.

1.1 Receive payments via Tikkie

The bank provides you with an interface, such as a web application (SaaS) and/or a mobile application (Tikkie for business app) and/or an application programming interface (API) that enables you to create Tikkie payment requests. You can send these payment requests to the recipient yourself via a digital communication channel like WhatsApp, text message or email.

The bank generates a link for each payment request, which the recipient can use to easily transfer the requested payment via Tikkie.

The bank provides information about which payments have been confirmed and transfers the funds to you once the bank has received these funds.

1.2 Text message service via Tikkie

The bank provides you with an interface, such as a web application (SaaS), that enables you to create Tikkie payment requests that the bank sends to the recipient by text message on your behalf.

You choose the content of the text messages the bank sends for you through this service. The text messages consist of a text you compose yourself and a payment link created by the bank. With this payment link the recipient can pay the amount you have specified.

The bank provides information about which payments have been confirmed and transfers the funds to you once the bank has received these funds.

The bank strives to maintain the availability of the text messaging service. The bank cannot guarantee that text messages will be sent without delay, nor that the recipient will receive the text message or receive it without delay. The bank has no control over the accuracy or completeness of the mobile phone numbers you use, for example. The recipient’s mobile service provider is also jointly responsible for the receipt/timely receipt of the text message. The banks has no control over this.

You are responsible for the secure storage of the details used to access the bank’s text messaging system. It is also your responsibility to ensure compliance with the relevant laws and regulations concerning the storage, retention period and content of the text messages.

Except where this is the result of intent or gross negligence on the part of the bank, the bank is not liable for any loss or damage arising from or in connection with the text messaging service being unavailable, nor from the use or misuse of the text messaging service. The bank is not liable for consequential loss, such as loss of goodwill, reputation, revenue or profit, or for loss or damage incurred by third parties not employed or engaged by the bank.

2. The interface

You can make use of the bank’s interface using the means of access the bank has provided you with, such as the username and password or the security token.

You must adhere to the bank’s instructions for the use of the interface being used. The ABN AMRO Developer Portal – General Developer Terms of Use apply to the use of the API.

You are responsible for the use of the interface and its implementation in your IT and/or other systems, even if you engage third parties to take care of this and/or the interface is implemented in IT and/or other systems belonging to third parties.

You are responsible for the secure and careful use of the means of access and bear sole liability for any consequences arising from the unauthorised or careless use of these means of access.

The interface may only be used by you. You may only create and send out payment requests for which you are the beneficiary.

You must report any known or suspected unauthorised use to the bank immediately. You must also inform the bank immediately about any malfunctions or problems regarding the interface.

The bank makes no warranties with regard to the undisrupted availability of the interface.

The bank is not liable for loss or damage arising from or in connection with the interface being unavailable or the use (authorised or otherwise) or misuse of the interface.

3. Contact and user roles

You authorise a contact to act on your behalf in interactions with the bank. This contact can also give users permissions or change user permissions on your behalf. The list below shows the user roles and corresponding permissions. You are responsible for the actions of the contact and the other users.

4. Use of digital communication channels

Payment requests can be created with or through the Tikkie interface. You can send payment requests or have these sent on your behalf through a digital communication channel of your choice.

If you send payment requests out yourself, sending these is only possible provided that the digital communication channel you choose is available.

The use of a digital communication channel is your responsibility, including compliance with laws and regulations and with the applicable terms of use for the relevant digital communication channel.

The bank is not responsible for the suitability of a digital communication channel.

5. Payment transactions

The bank acts as the beneficiary of the payment on your behalf. The bank will transfer the payment to you on the next business day after the day on which the bank receives the funds. You can receive payments individually or in batches.

The bank does not have a role in the legal relationship between you and the recipient/your customer.

6. Refunds

The bank can arrange refunds on your behalf if you receive bundled payments. The bank will deduct the refund amount from the bundled payment you are to receive. This is only possible if the total amount of the bundled payment is higher than the refund amount.

You ask the bank to refund an amount to the recipient. The bank will transfer this amount on your behalf to the recipient’s account (IBAN) you have specified. It is your responsibility to ensure that this IBAN is correct.

The bank may impose limits on the refund amount and the number of refunds.

7. Deep link functionality

The bank offers you the option of placing a deep link in your digital environment (like on your website, for example) that links directly to the Tikkie app of a third party (such as your customer). This deep link can include payment-related and other details that will be displayed in the Tikkie app to which the link leads.

The bank endeavours to ensure that the deep link functionality remains available without disruptions, but cannot give any warranties in this respect.

The bank is not liable for loss or damage arising from or in connection with the deep link functionality being unavailable, the payment-related and other details you have included, the use of the deep link functionality (authorised or otherwise) or the misuse of the deep link functionality.

8. Statements

Through the interface, the bank will make available a statement of payments confirmed by the recipient, as well as payment transactions or other transfers from or to your account.

It is your responsibility to check whether the statements are correct and to inform the bank of any inaccuracies without delay.

9. Restrictions

The bank reserves the right to impose restrictions on its services at any time, e.g. relating to the number of payment requests and the amounts involved, as well as the purposes for which payment requests are sent and the choice and/or use of a digital or other communication channel.

You may only use Tikkie as a payment method as set out in this agreement. If you wish to use Tikkie for a purpose other than that which is known to the bank, you need to agree this new purpose with the bank in advance.

Tikkie (name, logo, etc.) is a registered trademark owned by the bank. You are only permitted to use the Tikkie name and logo to use Tikkie as a payment method (unless a different purpose has been agreed with the bank). If you would like to use the name and/or logo for marketing purposes you will need to request the bank’s permission first. If you are asked any questions about Tikkie, you must always refer the person asking the question to your contact at the bank. The bank handles all media relations and communications regarding Tikkie.

10. Intellectual property

You give the bank permission to use your logo or other trademark for the Tikkie service.

If you use a third party’s logo or other trademark for the Tikkie service, you warrant that you are authorised to do so and that you are not infringing the intellectual property rights that apply to this. You indemnify the bank against any losses the bank suffers due to you infringing the intellectual property rights of a third party.

11. Processing personal data

You and the bank are each responsible for the respective processing of personal data in compliance with the relevant laws and regulations.

This means, among other things, that you must have a legitimate basis for collecting personal data (for example, consent or this being necessary for the performance of the contract). You must also inform the recipient of the purposes for which you process personal data and of the fact that the bank is acting as the payment service provider on your behalf. This information may be provided to the recipient in the form of a privacy statement, for example.

The bank is responsible for processing personal data that is required for the creation of your payment requests, the processing of the payments and/or the provision of personal data to you.

You are the primary contact for recipients with queries or requests relating to their personal data. Should the bank be responsible for handling the query or request, you must forward the query or request to the bank without delay.

12. Responsibility for subcontractors, servants and agents

The bank is responsible for the services provided by subcontractors, servants and agents engaged by the bank. The bank is not responsible for the conduct of and services provided by third parties engaged by you or otherwise not engaged by the bank.

13. Fees

The bank will provide you with information on the fees charged for provision of the services. The bank reserves the right to amend these fees at any time and will inform you of any such changes in good time.

14. Communications

The bank will use the email address you have provided for its communications with you. It is your responsibility to check that this email address is correct and to ensure that you read any messages you receive from the bank as promptly as possible.

15. Changes and cancelling

The bank reserves the right to change or supplement the terms of use at any time and will inform you of any such changes at least 2 months in advance. The changes are binding after this 2-month period, unless you cancel the agreement before the date on which the changes take effect.

You or the bank can cancel the agreement with effect from the first working day of a calendar month by sending notification of cancellation by email (of which the bank has confirmed receipt), with due observance of a notice period of at least 1 month.

The bank can cancel the agreement with immediate effect if you do not make use of the services for a period of 6 consecutive months.

You or the bank can cancel the agreement with immediate effect by sending notification of cancellation by email (of which receipt has been confirmed) if the other party does not fulfil an obligation arising from the agreement within 2 weeks of receiving notice of default by email (of which receipt has been confirmed).

The bank can cancel the agreement with immediate effect if you are declared bankrupt, if you apply for or have been granted suspension of payment, or if your company goes into liquidation.

The bank can cancel or suspend the agreement with immediate effect if the bank or Tikkie, or the image or reputation of the bank or Tikkie, is damaged or threatens to be damaged as a result of any act or failure to act on your part. This may be the case, for example, if there are complaints about you from recipients, or if your business activities are incompatible with Tikkie’s image or reputation. This is certainly the case with gambling, drugs (including soft drugs), adult entertainment and cryptocurrencies.

16. Applicable law and disputes

This agreement is governed by Dutch law.

The competent Court of Law in Amsterdam will have exclusive jurisdiction to settle any disputes that may arise out of or in connection with this agreement.

17. Applicability of the General Conditions

The General Conditions ABN AMRO Bank N.V. (Algemene Voorwaarden ABN AMRO Bank N.V.) apply in addition to these Tikkie for business Terms of Use.

Title 7B of Book 7 of the Dutch Civil Code and other laws and regulations implementing Directive (EU) 2015/2366 of the European Parliament and of the Council of 25 November 2015 and the preceding Directive do not apply to the extent that it is permitted by applicable law to deviate from such laws and regulations in agreements with non-consumers.