Auto Payment Agreement

Auto Payment Agreement Template for Germany

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Key Requirements PROMPT example:

"I need an Auto Payment Agreement under German law for my software company's new subscription service, which will process monthly payments ranging from €50 to €500 from business customers, with the service launching in March 2025."

Document background

The Auto Payment Agreement is essential for businesses operating in Germany that need to establish recurring payment arrangements with customers or business partners. This document is particularly relevant in the context of German banking regulations and EU payment service directives, incorporating necessary compliance elements from the German Civil Code (BGB), Payment Services Supervision Act (ZAG), and GDPR. The agreement is typically used for setting up direct debits, recurring credit card charges, or other automated payment methods. It includes crucial elements such as payment authorization, processing terms, data protection measures, and termination rights, all aligned with German legal requirements. The document is designed to protect both the paying and receiving parties while ensuring smooth, automated financial transactions.

Suggested Sections

1. Parties: Identification of the payment recipient (creditor) and the payer (debtor), including full legal names, addresses, and relevant registration numbers

2. Background: Context of the agreement, describing the underlying business relationship or purpose for the automatic payments

3. Definitions: Key terms used throughout the agreement, including technical payment terms, banking terminology, and specific references to payment systems

4. Payment Authorization: Express authorization for automatic debits, including payment amount, frequency, and account details

5. Payment Terms: Specific details about payment timing, amount calculation, and processing dates

6. Data Protection: GDPR-compliant provisions regarding the handling of personal and financial data

7. Security Measures: Procedures and safeguards for protecting payment information and preventing unauthorized access

8. Duration and Termination: Term of the agreement and conditions for termination by either party

9. Governing Law: Specification of German law as governing law and jurisdiction

Optional Sections

1. Variable Payment Provisions: Used when payment amounts may vary based on usage, consumption, or other factors

2. Multiple Account Provisions: Required when the payer wishes to authorize payments from multiple accounts

3. International Payment Provisions: Needed for cross-border payments or when multiple currencies are involved

4. Dispute Resolution: Detailed procedures for handling payment disputes, recommended for high-value or complex payment arrangements

5. Force Majeure: Provisions for handling payment interruptions due to circumstances beyond parties' control

Suggested Schedules

1. Schedule A - Payment Schedule: Detailed timeline of payment dates, amounts, and frequency

2. Schedule B - Account Details: Complete banking information for both parties, including IBAN, BIC, and account numbers

3. Schedule C - Fee Schedule: Breakdown of any additional fees, charges, or processing costs

4. Appendix 1 - SEPA Direct Debit Mandate: Standard SEPA mandate form for direct debit authorization

5. Appendix 2 - Data Processing Agreement: Detailed GDPR-compliant provisions for handling personal and financial data

Authors

Alex Denne

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

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Banking & Financial Services

Utilities

Telecommunications

Insurance

Subscription Services

Real Estate & Property Management

Retail

Professional Services

Healthcare

Education

Relevant Teams

Legal

Finance

Compliance

Treasury

Customer Operations

Risk Management

Data Protection

Account Management

Payment Operations

Customer Service

Relevant Roles

Finance Manager

Legal Counsel

Compliance Officer

Account Manager

Financial Controller

Payment Operations Manager

Risk Manager

Treasury Manager

Customer Service Manager

Data Protection Officer

Contracts Administrator

Business Development Manager

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Authors

Alex Denne

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