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Mandate Service Provider (EN)

Mandate Service Provider (EN)

1 General

This section of the eMandates1 R&R describes the terms and conditions that an Institution must meet to be considered eligible as an eMandate Service Provider (MSP) for an Accreditation Agreement for using the eMandate Service. Only holders of a valid Accreditation Agreement are permitted by Incassomachtigen B.V. to engage in the activities of the eMandates service described in their role as MSP.

Unless explicitly defined otherwise in these terms and conditions, and to the extent that no other meaning may clearly be derived from the text, any terms used in these terms and conditions that start with a capital letter have the same meaning as the terms defined in the ‘General Regulations – part 2 - Definition Regulations’.

The MSP provides the technical aspects of the connection of the eMandates service - in accordance with the CIG (Core and/or B2B) - on behalf of the Creditor and ensures the correct flow of the eMandates messages. The MSP may also facilitate in the conclusion of the eMandate contract between the Creditor and the Creditor Institution. The MSP can only facilitate eMandates contracts for Creditors who have a valid SDD contract with a Creditor Institution.

An MSP may only offer its services to Creditors if the MSP has signed an Accreditation Agreement with Incassomachtigen B.V..

As part of this Role, the MSP is bound to comply with all relevant laws and regulations. In its role, an MSP carries out at least the following activities:

  • entering into and complying with an agreement with a Creditor Institution in relation to the eMandates service for the Creditors of the Creditor Institution concerned;

  • facilitating in the conclusion of eMandates contracts between Creditors and the Creditor Institution;

  • making the eMandates status and contents available to the Creditor in real time;

  • providing user-support services;

  • ensuring that the eMandates service is conducted honestly by the MSP.

In addition, the MSP may of course offer additional services, provided that they do not conflict with the role described here.

Further information on the eMandates service and the context and structure of the eMandates R&R is included in the ‘General Notes on the eMandates Rules & Regulations’.

The conditions set out below are divided into requirements of an organisational nature and requirements relating to the process involved in the specific role. 

Footnote

1 The official name of the eMandate Scheme of Incassomachtigen B.V. is ‘Incassomachtigen’. But in the English documentation the name eMandate will be used.

2 Organisation

MSPOe-1
The MSP must comply with all requirements that apply to the execution of its Role. This means that the MSP must comply with all the relevant laws and regulations to which it is subject, and with the rules and guidelines prescribed by Incassomachtigen B.V..

MSPOe-2
To the extent that the MSP is permitted by relevant laws and regulations to outsource its activities to third parties, the MSP should ensure that any such third party complies with the same laws and regulations that apply to the MSP in relation to the outsourced activities. The MSP shall always remain responsible for the correct implementation of outsourced work activities, and should monitor the same. 

MSPOe-3
The MSP is required to provide Incassomachtigen B.V. with all necessary support and cooperation required for the latter to establish compliance with the eMandates R&R. To this end the MSP is required to grant Incassomachtigen B.V. access to all relevant systems and documentation. In the case of outsourced activities that are relevant to the eMandates service, the MSP should ensure that the agreement with the third party allows Incassomachtigen B.V. to carry out checks at the premises of the said party.

 

3 Process

3.1 Entering into agreements

MSPPe-1
If the MSP facilitates in the conclusion of eMandates contracts between a Creditor and a Creditor Institution, the MSP must set up its services in accordance with the agreements made in this respect between the Creditor and the Creditor Institution. The mandates must be in the name of the Creditor.

3.2 Providing user-support services

MSPPe-2
The MSP can provide user-support services for the Creditors for whom it provides the technical connection to the eMandates service on behalf of a Creditor Institution.

MSPPe-3
The MSP should set up a complaints procedure in which complaints by Creditors regarding the level of service provided by the MSP in relation to the eMandates service are recorded and processed. Records must at least be kept of the number of complaints received, the way in which they were settled and the category and nature of the individual complaints.

MSPPe-4
The MSP should offer the Creditor the option of being able to establish conclusively whether the status of the eMandates message is ‘successful’. 

MSPPe-5
The MSP is obliged to make the mandates available to the Creditor at the Creditor’s request (for example when a contract is terminated), if this has not already happened as part of the regular service. This must be done in the format described in the CIG. This also applies in the case of disputes or Incorrect Direct Debit Report (Melding Onterechte Incasso, MOI) procedures. 

3.3 Testing and implementation – Creditor

MSPPe-6
The MSP must link to the RSPs in accordance with the CIG (Core and/or B2B). The functionality provided to Creditors by the MSP must correspond to the functionality described in the CIG (Core and/or B2B). 

It is up to the MSP to determine how this is configured technically with the Creditor.

MSPPe-7
The MSP is responsible for connecting and testing the Creditors with regard to the eMandates functionalities it offers, which must correspond to the functionalities described in the CIG (Core and/or B2B).

MSPPe-8
If the Creditor has specific requirements with regard to the expiration period, the MSP must implement them.

Toelichting:

Comments:
The preferred setting is that the Creditor does not provide a value for the expiration period, so that the standard settings apply. If, by way of exception, the Creditor wishes to do this differently, this is possible and the MSP must facilitate this.

3.4 Processing of eMandates message

MSPPe-9
The MSP informs the Creditors on the status of the issued or amended (Core and/or B2B) and cancelled (in the case of B2B) eMandates. If the eMandate has the status of ‘Successful’, the MSP informs the Creditor on the legally valid and validated eMandates and makes them available in the format described in the CIG. 

MSPPe-10
The MSP should ensure that the Creditors do not remove any Debtor Institutions from the debtor list. 

Details of the requirements and guidelines concerning the renewal of the debtor list are included in the CIG (Core and/or B2B).

3.5 Controllability

MSPPe-11
Details exchanged as part of the eMandates message protocols shall be retained for specific periods (in either electronic or physical archives or logs). The VSP is obliged to observe the retention periods described in the CIG (Core and/or B2B).