Connected Company Agreement
Who we are. BankConnector ApS, a Danish limited liability company ("BankConnector", "we"), provides software that converts payment instructions into bank-specific file formats, delivers them to banks over your own bank connections, and returns bank statements and payment status in one normalised format. BankConnector is not a bank, payment institution, or money services business. We never receive, hold, control, or transmit funds. We do not provide payment services within the meaning of Annex I of Directive (EU) 2015/2366 (PSD2) or the Danish Payments Act. All payments are executed by your banks under your own bank agreements and mandates; we act solely as your technical agent and communication channel.
1The service, provided through your Platform
We provide your company workspace (including bank connections, payment conversion and delivery, statement retrieval, approval workflows, journal, and audit trail) as described in the Service Description at bankconnector.com/legal. Your access runs through the Platform's application and its arrangement with us.
The Acceptable Use Policy, Security Policy, Service Description, and Data Processing Agreement (DPA) at bankconnector.com/legal are part of this agreement. The DPA governs our processing of personal data in your data, with you as controller and us as your processor.
Definitions from the BankConnector Customer Agreement (including "Bank", "Bank Connection", "Bank Requirements", "Connection Activity", "Payment Instruction", and "Limited Release") apply here.
2What the Platform may do on your behalf
The Platform may perform Connection Activity on your behalf, such as submitting Payment Instructions, retrieving statements and status, and managing configuration, to the extent you have authorised it through the Platform's application and have not withdrawn that authorisation. We treat Connection Activity relayed by the Platform as initiated by you.
Your bank connections, bank agreements, mandates, and key material belong to you. Release of any payment file to a bank always requires approval under your configured approval policy.
The Platform's own services, application, availability, pricing, and its obligations to you are governed by your agreement with the Platform. We are not a party to that agreement and are not responsible for the Platform's application, its acts or omissions, its fees, or its handling of your data. Disputes between you and the Platform are resolved between you and the Platform.
3Your bank connections and instructions
You authorise us to access and operate your Bank Connections and to perform Connection Activity on your behalf, solely as necessary to provide the service and solely as instructed through the service (including instructions relayed by the Platform under Section 2.1).
You represent and warrant that you are legally authorised to access each bank account and Bank Connection you use with the service, to issue payment instructions against those accounts, and to receive the associated statements and reports, under your own agreements and mandates with your banks.
You are solely responsible for your banks, bank agreements, mandates, and Bank Requirements, and for the accuracy, completeness, lawfulness, and timeliness of your Payment Instructions, except to the extent a loss is caused by our failure to convert or deliver a valid, approved Payment Instruction in accordance with this agreement.
We do not screen payments against sanctions or embargo lists, perform KYC/AML checks on your counterparties, or monitor transactions for financial-crime purposes, except for screening features expressly described in the Service Description that you have configured. Financial-crime compliance rests with you and your banks.
4Your data
You retain all rights in your data. We process it solely to provide the service, as instructed under this agreement and the DPA, or as required by law. You may export your journal and documents at any time using the export functions.
You must not submit special categories of personal data (Art. 9 GDPR), payment-card primary account numbers, or health data. Approver identity data used in approval workflows is encrypted, masked, and never written to logs, as described in the Security Policy.
The Platform's access to your data is based on your authorisation in your agreement with the Platform. The Platform's use of your data is its own responsibility as set out there.
5Fees
Unless we notify you otherwise in writing, we do not charge you directly; the service is paid for under the Platform's arrangement with us. Any fees the Platform charges you are the Platform's own and are governed by your agreement with the Platform.
6Term, ending, and continuity
This agreement runs while your workspace is connected through the Platform. You may end it by closing your workspace through the Platform's application.
If the Platform's agreement with us ends, this agreement continues for a transition period of up to 90 days, during which we may offer you a direct agreement or an arrangement through another platform. If you do not transition, your workspace is wound down under Section 6.3.
Wind-down. For 30 days after this agreement ends (other than termination for your material breach or unlawful use), your workspace remains available in read-only mode so you can export your journal, documents, and configuration. No new Payment Instructions may be submitted during wind-down. In-flight payment files are completed or cancelled per your instruction where technically possible. Thereafter your data is deleted or anonymised per the DPA and the published retention schedule (journal documents 90 days; audit records 5 years), subject to legal holds and statutory retention duties, and your Bank Connection key material is destroyed. You are responsible for notifying your banks and revoking bank-side authorisations.
We may suspend or terminate your workspace on the grounds, and with the notice and cure mechanics, set out in Sections 9.1–9.2 of the Customer Agreement, applied to you mutatis mutandis.
7Warranties, liability, law
We warrant that the production service will operate materially as described in the Service Description and that we provide it with reasonable skill and care. We do not warrant that any bank will accept or process files. Banks and other third-party services are outside our control, and we are not liable for their acts, omissions, or unavailability. Limited Releases are provided as-is with our total aggregate liability for them capped at EUR 500.
Neither party is liable for indirect or consequential loss, loss of profits, revenue, goodwill, or data. Our total aggregate liability to you under this agreement is limited to the greater of (a) the fees received by us that are attributable to your workspace in the 12 months preceding the first event giving rise to liability, and (b) EUR 5,000. These limitations do not apply to liability that cannot be excluded under mandatory law, to fraud, gross negligence, or wilful misconduct, or to your responsibility for your Payment Instructions and bank relationships under Section 3.
For clarity: we never hold funds; nothing in this agreement makes us liable for funds in transit between you and your banks. A claim under this agreement must be brought within 12 months of the date the claiming party became aware, or ought reasonably to have become aware, of the facts giving rise to it.
We may update this agreement and the Policies as described in Section 15 of the Customer Agreement, applied mutatis mutandis; changes are notified through the Platform or directly. Superseded versions remain available at dated URLs.
This agreement is governed by Danish law (excluding its conflict-of-law rules and the CISG), with exclusive venue at the City Court of Copenhagen. It is drawn up in English, and the English text controls.