Auto Payment Contract for Germany

Auto Payment Contract Template for Germany

This document is a comprehensive automatic payment agreement governed by German law, compliant with the German Civil Code (BGB) and Payment Services Supervision Act (ZAG). It establishes the terms and conditions for recurring automatic payments between a payment service provider and an account holder. The agreement covers essential elements including payment authorization, processing terms, data protection under GDPR, security measures, and liability provisions. It incorporates specific German regulatory requirements for payment services while ensuring consumer protection and banking compliance standards.

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What is a Auto Payment Contract?

The Auto Payment Contract serves as a legally binding agreement under German law for establishing automated payment arrangements between service providers and customers. This document is essential when setting up recurring payment mechanisms, direct debits, or standing orders in Germany. It must comply with the German Civil Code (BGB), Payment Services Supervision Act (ZAG), and EU payment regulations including SEPA requirements. The contract typically includes detailed provisions for payment authorization, processing specifications, fee structures, and data protection measures under GDPR. It's particularly crucial for businesses offering subscription services, utilities, or any recurring payment arrangements in the German market. The document should be used whenever a business needs to establish a formal, compliant framework for automated payment collection from customers' accounts.

What sections should be included in a Auto Payment Contract?

1. Parties: Identification of the payment service provider and the customer, including full legal names and addresses

2. Background: Context of the agreement and purpose of the auto payment arrangement

3. Definitions: Key terms used throughout the agreement, including payment-specific terminology

4. Payment Authorization: Terms of the automatic payment authorization, including scope and duration

5. Payment Terms: Specifics about payment amounts, frequency, and processing dates

6. Fee Structure: Detailed breakdown of all applicable fees and charges

7. Data Protection: GDPR-compliant provisions regarding the handling of personal and payment data

8. Security Measures: Security protocols and safeguards for payment processing

9. Duration and Termination: Contract term and conditions for termination by either party

10. Liability and Indemnification: Allocation of risks and responsibilities between parties

11. Governing Law and Jurisdiction: Confirmation of German law application and jurisdiction

What sections are optional to include in a Auto Payment Contract?

1. International Payments: Additional terms for cross-border payments, required only if international transactions are involved

2. Multiple Account Management: Terms for managing multiple payment accounts, needed when customer has multiple accounts

3. Special Payment Arrangements: Terms for special payment scheduling or conditions, used for non-standard payment arrangements

4. Third-Party Authorization: Terms for allowing third-party access to payment information, needed when third-party service providers are involved

5. Business Customer Provisions: Additional terms specific to business customers, required only for B2B contracts

What schedules should be included in a Auto Payment Contract?

1. Schedule 1 - Fee Schedule: Detailed breakdown of all fees, charges, and payment processing costs

2. Schedule 2 - Payment Processing Timeline: Detailed timeline of payment processing, including cut-off times and settlement periods

3. Schedule 3 - Technical Requirements: Technical specifications for payment processing and system requirements

4. Appendix A - Data Processing Agreement: Detailed GDPR-compliant data processing terms

5. Appendix B - Security Protocols: Detailed security measures and protocols for payment processing

6. Appendix C - Authorization Forms: Standard forms for payment authorization and mandate

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Germany

Publisher

Genie AI

Document Type

Payment Agreement

Sector

Banking

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Banking & Financial Services

Retail

E-commerce

Telecommunications

Utilities

Insurance

Subscription Services

Professional Services

Real Estate

Healthcare

Education

Relevant Teams

Legal

Compliance

Finance

Operations

Customer Service

Risk Management

Treasury

Data Protection

Account Management

Payment Operations

Relevant Roles

Legal Counsel

Compliance Officer

Financial Controller

Payment Operations Manager

Account Manager

Risk Manager

Data Protection Officer

Treasury Manager

Contracts Administrator

Banking Relations Manager

Customer Service Manager

Finance Director

Operations Director

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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