User Agreement for SevenPay Service
Last Update: Feb 27, 2014
By registering for the Services, you must read, agree with and accept all of the terms and conditions contained in this Agreement. This Agreement is provided to you and concluded in English. You agree that any use by you of the Services shall constitute your acceptance of the Agreement and we recommend that you store or print-off a copy of the Agreement (including all policies) for your records.
This is an important document which you must consider carefully when choosing whether to use the Services at any time. Please read the terms of this Agreement carefully before agreeing to it. This Agreement also highlights certain risks on using the Services together with guidance on how to safely carry out online payments via SevenPay.
This Agreement, together with other legal terms and legally required disclosures relating to your use of the SevenPay Service will be provided to you, at all times on the SevenPay website(s) (typically located on the “Legal Agreements” landing page). This information may also be sent to you or appear in places on the SevenPay website(s) or otherwise where relevant to your use of the SevenPay Services.
You are solely responsible for understanding and complying with any and all laws, rules and regulations of your specific jurisdiction that may be applicable to you in connection with your use of the SevenPay Services, including but not limited to, those related to export or import activity, taxes or foreign currency transactions.
1. The nature of Relationship between SevenPay and Merchant
1.1 SevenPay is payment service provider. SevenPay undertakes for the Merchant, in Internet payment transaction, the collection through credit card (MASTERCARD & VISA), of Merchant’s claims from their Customers/Merchants, and is instructed to make all statements and declarations for the Merchant necessary hereto. SevenPay enables you to make payments to and accept payments from third parties. SevenPayis an independent contractor for all purposes will act in their own name. The payment by credit cards charges will be accepted online and completely processed for the Merchant.The transmittal by online is in accordance with the actual present safety standard and will use routine coding. The data will be digitally signed by an asymmetric key and verified by the server with a Public Key infrastructure owned by SevenPay. The integration is made with a simple interface. SevenPay and related services (the "Service") act as payment gateway between Client's Internet web site and the banking network, the Client's payment page is located on SevenPay secure servers. As part of the Service SevenPay also provides the Client with access to a management interface which allows the Client to track sales and make certain administrative changes to its account(s) on-line.
1.3 Intellectual Property. The URLs representing the SevenPay website(s), “SevenPay,” and all related logos of our products and services described in our website(s) are either copyrighted by SevenPay, trademarks or registered trademarks of SevenPay or its licensors. In addition, all page headers, custom graphics, button icons, and scripts are either copyrighted by SevenPay, service marks, trademarks, and/or trade dress of SevenPay. You may not copy, imitate, modify, alter, amend or use them without our prior written consent. You, as a merchant, may use HTML logos provided by SevenPay through our merchant services, auction tools features or affiliate programmes without prior written consent for the purpose of directing web traffic to the Service. You may not alter, modify or change these HTML logos in any way, use them in a manner that is disparaging to SevenPay. All right, title and interest in and to the SevenPay website and any content thereon is the exclusive property of SevenPay.
2. Obligations of the Merchant and restricted activities
2.1 In order to ensure the functioning of the software to be delivered by SevenPay, it is indispensable that the necessary hardware and software will be made available. The Merchant undertakes to set up and maintain functioning, the necessary components in accordance with the requirements of SevenPay.
2.2 The Merchant undertakes to store all documents and data in connection with the data settings as provided by law, procure back-up copies of the data and keep them secure & separate from the data on the web server in order to enable a reconstruction in the case of a loss of data. SevenPay has in principal the right to inspect these data.
2.3 Merchant undertakes to make available to SevenPay, all data required to prepare the interface. Merchant may prepare these data and enter them using the administration tool as submitted by SevenPay. In this respect, Merchant may choose the products desired and make the respective individual adjustments. This entry will be specifically prepared for Merchant. The entry data will be entered by the Merchant through a line secured by SSL.
2.4 The Merchant is responsible for all costs and management related to the Offerings on its own websites and the websites belonging to its clients. Merchant shall fully disclose the following in a clear and understandable manner in all online, print, broadcast or telephone advertising and any announcements promoting Merchant’s goods that Merchant is solely responsible for the content of all messages, products or services delivered and all representations made during contact with Merchants and any other information required by Federal, State, and Local Laws.
2.5 Merchant agrees to establish and maintain a fair and uniform policy for the exchange and return of products or services sold. All disputes involving the goods or services purchased via SevenPay will be settled between the Merchant and the customer. Upon request, Merchant shall provide any information, evidence, assignments or other assistance SevenPay may need to help resolve any customer billing disputes regarding the nature, quality or performance of the goods or services, or in connection with any return or rejections of such goods and services. Merchant agrees to indemnify and hold SevenPay harmless from any claim or liability relating to any such dispute.
2.6 In connection with your use of our website, your Account, or the Services, or in the course of your interactions with SevenPay, a User or a third party, you will not:
2.6.1 Breach this Agreement or any other agreement that you have entered into with SevenPay ;
2.6.2 Breach any law, statute, contract, or regulation (including, without limitation, those governing financial services including anti-money laundering, consumer protections, unfair competition, anti-discrimination and false advertising);
2.6.3 Conduct your business or use the Services in a manner that results in or may result in complaints, Disputes, Claims, Reversals, Chargebacks, fees, fines, penalties and other liability to SevenPay, a User, a third party or you;
2.6.4 Use your Account or the Services in a manner that SevenPay, Visa, MasterCard, American Express or our bank acquirer and/or payment processors reasonably believe to be an abuse of the bank’s reversal process, credit card system or a violation of credit card association rules;
2.6.5 Allow your Account to have a balance reflecting an amount owing to us;
2.6.6 Facilitate any viruses, Trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or Information;
2.6.7 Take any action that may cause us to lose any of the services from our internet service providers, payment processors, or other suppliers;
2.6.8 Allow your use of the Service to present to SevenPay a risk of non-compliance with SevenPay’s anti-money laundering, counter terrorist financing and similar regulatory obligations.
3. Actions by SevenPay
3.1 If we have reason to believe that you have engaged in any Restricted Activities, we may take various actions to protect SevenPay, the Merchant, a third party, from Reversals, Chargebacks, claims, fees, fines, penalties and any other liability. The actions we may take include but are not limited to the following:
3.2 We may, at any time and without liability, suspend, block, limit, close or cancel your right to use your Payment Instrument or Account entirely or for any particular transaction, which may in turn suspend, block, limit, close or cancel access to your Account or the Services (such as limiting access to any of your Funding Sources, make withdrawals, or remove financial Information). We will normally give you advance notice of any suspension or cancellation but we may, if it is reasonable to do so (for example if you are in breach of this Agreement or we consider it advisable for security reasons), suspend or cancel your right to use your Payment Instrument or Account without prior notice to you;
3.3 Block your Account and/or hold any funds in the Holdback amount (including, without limitation, for more than 180 days if so required by SevenPay, where SevenPay’s rights under section 3. arise from your engagement in the Restricted Activity set out in section 2.6 ag);
3.4 Refuse any particular payment transaction at any time for any reason and will only be required to make available the fact of the refusal and the reasons for the refusal and how you may resolve the problem, where possible, upon request and provided it is not prohibited by law;
3.5 We may reverse a transaction, that violates this Agreement or which we reasonably suspect of violating this Agreement;
3.7 We may request information from you or otherwise update inaccurate Information you provided us;
3.8 We may refuse to provide our Services to you in the future ;
3.9 We may hold your funds to the extent and for so long as reasonably needed to protect against the risk of liability.
3.10 SevenPay will release the hold made on your payout under this provision when SevenPay determines that the Transaction Risk; or risk or exposure associated with your Account, no longer exists. Please note that, notwithstanding the above, if you receive a Dispute, Claim, Chargeback, or Reversal on the transaction payment subject to the hold, the funds (or an amount equal to the relevant payment) may be held in your Reserve Account until the matter is resolved pursuant to this Agreement.
3.11 You agree to provide to SevenPay any information as SevenPay may reasonably request to allow SevenPay to determine whether the Transaction Risk or risk or exposure to your Account has passed. You may close your Account if you object to the hold under this provision. If your Account is closed for any reason, SevenPay has the right to hold a payment under this provision for a period of up to 180 days from the date the complete obligations under the contract for sale (to which the payment in question relates) have been discharged.
4. Accounting, Fees and transaction information
4.1 You may check your Balance by logging into your Account. Key information relating to your transactions will be available to you at any time by logging into your Account. You will also be able to access a downloadable report via the “Transactions” section of your Account. The “Transactions” section will also show all Fees incurred and any other amounts charged to your Account in the relevant period. The “Transactions” will only be updated and made available if there has been any activity on your Account or any Fees have been incurred in the relevant period. SevenPay reserves the right to charge a Fee for providing you with additional information or for providing the transaction history and other information about Fees in a different way. The way in which we provide the transaction information will allow you to store and reproduce the information unchanged, for example by printing a copy. SevenPay will ensure that the details of each transaction will be made available for you to view online for at least 24 months from when it is first made available. You do not need to maintain a Balance in your Account in order to make payments.
4.2 You agree that we may set-off any of the amounts held in Accounts held or controlled by you with any fees, charges or other amounts owing to us and payable by you any amounts that are past due for a period of 180 Days. In simple terms, our right to set-off means that we may deduct such fees, charges or other amounts mentioned in this section from an Account Balance held or controlled by you.
4.3 The receipt of a payment into your SevenPay Account does not equate to the receipt of cleared funds. You acknowledge and agree that a payment transaction is completed and received by you even if it becomes subject to a Reversal, Chargeback. Claim, Reserve or hold. When you receive a transaction, you are liable to SevenPay for the full amount of the payment plus any Fees if the payment is later invalidated for any reason. You will owe SevenPay an amount equal to the Reversal, Chargeback or Claim and our Fees per information inside your merchant area and SevenPay will debit your Balance to recover such an amount. If a cardholder files a Chargeback, the credit card company or issuing bank, not SevenPay, will determine who wins the Chargeback. You can find out more about Chargebacks by reviewing our Chargeback Guide.
4.4 The Merchant has to pay all the bank charges arising with the execution of this mandate, in particular the fees for returns/ return debit notes and objections, costs for bank transfers to and from abroad or a foreign currency account and all possible contractual penalties which may be charged to SevenPay for an excess of the rate for chargebacks.
4.5 SevenPay will retain an amount of 10% of Merchant’s gross turnover for unexpected cases of chargebacks (holdback). This holdback will be paid to Merchant 180 days after the day of the turnover, after deduction of all possible chargebacks not yet settled, and all costs and penalties by banks and the producers of trading account numbers in connection therewith.
4.6 Any penalty SevenPay may be charged by VISA and/ or MASTERCARD, the origin of which lies with the Merchant’s customers, will be charged to the Merchant (the amount of penalty is 100 USD per chargeback if the number of chargebacks exceeds 2% of the gross turnover per month). If SevenPay receives a notice of investigation due wrongful use of credit cards, SevenPay will close Merchant’s account and lock all unpaid funds until this matter will have been cleared up. Merchant will pay any damages arising thereby to SevenPay.
4.7 Merchant’s turnover as cashed by SevenPay from Merchant’s customers, will be remitted to Merchant on a weekly basis after deduction of the aforementioned fees. The minimum amount to be remitted is 2,500 USD. If Merchant’s turnover is less than this amount, they will be collected and remitted to Merchant, after deduction of the above-mentioned costs, when the minimum turnover has been reached.
5. Closing your Account and Force Majeure
5.1 The term of this Agreement is for a period of time when you successfully register for a SevenPay account until this Agreement is terminated for whatever reason. Subject to section 5.2, you may close your Account and terminate this Agreement at any time by writing support ticket through your Account. Your account status will be changed to “Pending”.
5.2 Upon Account closure, we will cancel any future transactions and you will forfeit any Refunds, Chargebacks, Claims, fees, fines, penalties and other liabilities of whatever nature. We will hold your funds for up to 180 Days to protect SevenPay or a third party against the risks listed behind.
5.3 SevenPay may terminate this Agreement, seize any incoming funds and disconnect Merchant’s program immediately if the Merchant fails to pay any charge when due; the Merchant significantly changes the scope or focus of the program/application; Merchant’s insolvency, bankruptcy, receivership, or dissolution; actual or attempted assignment of the Agreement or any of the duties under this Agreement to another party; breaches any part of this Agreement or any of the duties under this Agreement to another party; the Merchant is or was using SevenPay services for questionable or illegal activity; or if the sum of the chargebacks or return debit notes exceeds the rate of 2% of the gross turnover (volume of submission to the bank).
5.4 Neither party shall be responsible for delays or failures in performance resulting from acts beyond its control, such as acts of God, acts of war, computer viruses, epidemics, power outages, fire, earthquakes and other unforeseen disasters.
5.5 It is agreed that all claims arising out of this contract will be subject to English law and the venue for all claims arising out of this contract and for the existence of this contract shall be in London, England. The applicability of the Law of the United Nations Convention on the International Sale of Goods (CISG) is hereby excluded.
Copyright © 2014 SevenPay. All rights reserved.