General Terms and Conditions for Enable Now B.V. Account Holders

Article 1 – General

1. These general terms and conditions apply to the services of Enable Now B.V., established in the Netherlands, registered with the Chamber of Commerce under number 80220134, hereinafter referred to as: Enable Now.
2. In these general terms and conditions, Client means: any legal entity or business with which Enable Now enters into an agreement or to which Enable Now makes an offer.
3. Enable Now holds a licence as referred to in Section 2:3a, first paragraph, of the Dutch Financial Supervision Act (Wft) for carrying on the business of a payment institution, with respect to payment service 8 as included in the revised Payment Services Directive (PSD2).
4. Enable Now is supervised by De Nederlandsche Bank and is registered under number R183923.

Article 2 – Applicability

1. These general terms and conditions apply to all offers, quotations and agreements of Enable Now.
2. These terms and conditions also apply to all follow-up assignments and supplementary agreements with the same Client.
3. If one or more provisions of these general terms and conditions prove to be void or voidable, the remaining provisions shall remain in full force and effect.

Article 3 – Offers and formation of the agreement

1. An agreement is formed by:
   • digital or written acceptance of a quotation by the Client; or
   • written confirmation (including by e-mail) by Enable Now of an assignment from the Client.

Article 4 – Performance of the assignment

1. Enable Now shall perform the agreed work to the best of its knowledge and ability. This constitutes a best-efforts obligation.
2. Enable Now determines, in consultation with the Client, the manner of performance and is entitled to engage third parties.

Article 5 – Obligations of the Client

1. The Client shall provide in good time all information necessary for the proper performance of the work.
2. The Client warrants the accuracy and completeness of the information provided.

Article 6 – Know your customer (KYC)

1. The Client shall provide all information that Enable Now requires in order to comply with laws and regulations, including obligations under the Dutch Anti-Money Laundering and Anti-Terrorist Financing Act (Wwft).
2. The KYC investigation may include, among other things:
   • identification and verification of the Client;
   • establishing authority to represent;
   • assessment of PEP status;
   • identification of UBOs;
   • establishing the purpose and nature of the relationship;
   • carrying out a privacy impact assessment.
3. Agreements are entered into subject to the successful completion of the onboarding and KYC process.

Article 7 – Complaints

1. Complaints about the performance of the work or about invoicing must be reported in writing within 8 days of performance or discovery.

Article 8 – Disclaimer

1. The services of Enable Now depend on external data sources, including banks and financial institutions.
2. Enable Now is not liable for the availability, quality or accuracy of such external data.

Article 9 – Explicit consent of the account holder

1. Enable Now obtains access to payment accounts only after the explicit consent of the account holder.
2. Enable Now processes only such personal data as are necessary for the provision of its services, in accordance with applicable legislation.
3. Personal data are processed in accordance with the Wft, the GDPR and other applicable regulations.

Article 10 – Liability

1. The liability of Enable Now is limited to the amount paid out by its insurer.
2. If no payment is made, liability is limited to direct damage up to a maximum of € 10,000 or the remaining contract value if this is lower.
3. Enable Now is not liable for indirect damage, including consequential loss and lost profits.
4. These limitations do not apply in the event of intent or wilful recklessness.

Article 11 – Applicable law and disputes

1. All agreements and negotiations are governed by Dutch law.
2. Disputes shall be submitted to the competent court in the district where Enable Now is established, unless Enable Now decides otherwise.