Privacy Policy
Company is in the business of providing electronic payment services to individuals and entities (collectively the “Customers”).
Company also maintains a relationship with Payrise Finance Ltd. (the “Payrise”) under which the Payrise maintains, operates and administers a co-branded accounts for Customers’ payments.
The Company is committed to safeguarding Customers’ personal information in its possession. The Company considers “personal information” to be information related to a specific person that can be used to identify that person. Anonymized information that does not identify a specific person is not considered personal information under this Privacy Policy.
For the purpose of the relevant data protection regulations, the Payrise is the “data controller” of your information. We are located 08 – 55 WATER STREET OFFICE #8154 VANCOUVER BC V6B 1A1 CANADA. If you have any questions about how we protect or use your data, please email us at [email protected].
This Privacy Policy answers frequently asked questions about online privacy, including what personal information the Company collects and how it will be used and protected. The Company may from time to time change this Privacy Policy, so please re-read it periodically.
HOW AND WHAT NON-PUBLIC PERSONAL INFORMATION THE COMPANY COLLECTS
If you visit the Company’s website (“Site”) for informational purposes only, the Company will not require you to provide any personal information. You will remain anonymous unless you register for any of our services or otherwise elect to disclose your identity. However, the Company may collect and store certain visitor data including, but not limited to, browser type, Internet Protocol (“IP”) address, and geo-location information.
At other times, the Company may collect certain Customer-related personal information, such as:
- If an individual registers for an account with the Company, the Company will request information which includes the individual’s name, email address, physical address, country of residence, contact phone numbers, date of birth, tax identification number, employment information, and the Company may request bank account details and credit and/or debit card details;
- If an entity registers for an account with the Company, the Company will request information from certain owners, directors and authorized individuals for the entity which includes those individuals’ names, email addresses, physical addresses, contact phone numbers, dates of birth, and government issued identification numbers;
- Before a Customer utilizes any of the Company’s services and throughout our relationship with a Customer, the Company may require a Customer to provide additional information to verify an individual’s identity, address or other data to manage risk and compliance. We may also obtain information from third parties providing services such as identity verification, fraud prevention and similar services;
- If you report a problem or submit a customer review, the Company will ask you to provide information such as your name, email address, and account number.
Additionally, when a Customer has registered for an account with the Company and logs into the account, the Company may collect the IP address, standard log-in information and certain geo-location information.
The Company does not knowingly collect information about any person under the age of 18.
HOW THE COMPANY USES THE DATA IT COLLECTS
The Company will use personal information to conduct certain activities related to a Customer’s use of the Site and to service any account a Customer maintains with the Company. Such use will include:
- Evaluating a Customer for the Company services a Customer requests;
- Registering a Customer as a client and opening an account;
- Contacting a Customer to verify or reconfirm the accuracy of the information provided;
- Facilitating payments and transactions as directed by a Customer;
- Verifying the existence and availability of funds;
- Administering a Customer’s account;
- Assisting in the provision of other services or products requested by a Customer;
- Resolving disputes and troubleshooting problems;
- Preventing potentially fraudulent, prohibited or illegal activities and enforcing our contracts with a Customer;
- Complying with legal process such as subpoenas and court orders and performing other duties as required by law;
- Reporting to law enforcement authorities if the Company believes a crime has been committed.
COOKIES POLICY
A “cookie” is a small amount of data that is sent to your browser from a web server and is stored on your computer’s hard drive. Cookies do not provide the Company with any personally identifying information about you such as your name or address. The Company may use cookies for several purposes in connection with the operation of the Site:
- The Company may attempt to place cookies on a computer to track a visitor’s use of the Site;
- The Company may use cookies to help customize the Site and make its navigation easier for you; and
- The Company may use cookies to help estimate the number of visitors to the Site and determine which Site areas are the most popular.
By browsing the website and not changing the settings, the person visiting the website agrees to the use of cookies.
Most web browsers accept cookies, but the person can change the browser settings so that cookies would not be accepted. However, in this case, some functions may not work.
SHARING DATA OUTSIDE EEA
In order to provide our Services to you, it is sometimes necessary for us to transfer your data to the third parties such as:
- Affiliates;
- Business Partners;
- Suppliers;
- Sub-Contractors.
for the performance and execution of any contract we enter into with them or you that are based outside of the European Economic Area. In these cases, we ensure that both ourselves and our partners take adequate and appropriate technical, physical and organizational security measures to protect your data. We also ensure we have appropriate contractual protections in place with these third parties.
HOW THE COMPANY PROTECTS THE SECURITY OF YOUR PERSONAL INFORMATION
The Company has implemented technical and managerial procedures to maintain accurate, current and complete information as well as to protect personal information from loss, misuse or alteration when it is under the Company’s control.
Personally identifiable information will be stored on the Company’s secure servers or stored on third party servers located in secure data centers. The Company has ensured that or has ensured that third parties maintaining the servers have appropriate safeguards such as firewalls and data encryption and that appropriate physical access controls to the files is enforced. The Company authorizes access to personal information only for those employees who require it to fulfill their job responsibilities.
Personal information is also password protected so that access is limited to Customers and those with whom a Customer shares their password, the Company, as well as third party access facilitated by the Company in relation to performance of the services offered by the Company.
The Company has also taken steps to protect the integrity of its Customers’ personal financial information when they initiate a transaction on the Company’s Site.
Despite the Company’s reasonable efforts to protect personal information, the Company cannot guaranty the personal information will not be accessed, disclosed, altered or destroyed.
HOW THE COMPANY SHARES YOUR PERSONAL INFORMATION WITH OTHERS
The Company may disclose all of the personal information it collects to business partners (including Payrise Finance Ltd and other affiliates) that perform services on the Company’s behalf, provide co-branded services or assist in the provision of the Company’s services. This Privacy Policy does not govern the privacy policies and practices of the Company’s business partners. If you have questions about the privacy policies or practices of the Company’s business partners, please contact them directly. The Company uses third parties to provide statistical tracking and advertising effectiveness for the Site. The Company may share information such as Customer names and addresses and other information necessary for the third parties to provide that service. These third parties are prohibited from using personal information for any other purpose. The Company will not sell or rent personal information. The Company may from time to time rent or sell demographic information in the aggregate that does not contain personal information.
HOW YOU CAN UPDATE YOUR PERSONAL INFORMATION
You may review and edit your personal information by logging into your account at the Site and/or contacting the Company directly by visiting our Find Us page.
DATA RETENTION
Because we’re a regulated financial institution, the Payrise is obliged to store some of your personal and transactional data for up to 3 years. Only a small number of our employees can see that data, and they’ll only look at it if they absolutely need to. We always delete information that we no longer need. And everything we need to keep is subject to the highest levels of security.
Please note: Retention periods could be subject to change, depending on where you live, changes to regulatory requirements, or other legal obligations that we need to adhere to.
YOUR RIGHTS
You have the right to request a copy of the information that we hold about you. If you would like a copy of some or all of your personal information, please send an email to [email protected] or send a letter to 408 – 55 WATER STREET OFFICE #8154 VANCOUVER BC V6B 1A1 CANADA.
We want to ensure that your personal information is accurate and up to date. If any of the information that you have provided to the Payrise changes, for example if you change your email address or name, please let us know the correct details by sending an email to [email protected] details above. You may ask us, or we may ask you, to correct information you or we think is inaccurate, and you may also ask us to remove information which is inaccurate.
Where we have relied upon your consent to process your personal data, you have the right to withdraw that consent. To opt out of marketing, please send an email to [email protected]
You can request us to erase your personal data where there is no compelling reason to continue processing. This right only applies in certain circumstances; it is not a guaranteed or absolute right.
You have the right allows you to obtain your personal data that you have provided to us with your consent or which was necessary for us to provide you with our products and services in a format which enables you to transfer that personal data to another organization. You may have the right to have your personal data transferred by us directly to the other organization, if this is technically feasible.
You have the right in certain circumstances to request that we suspend our processing of your personal data. Where we suspend our processing of your personal data we will still be permitted to store your personal data, but any other processing of this information will require your consent, subject to certain exemptions.
You have the right to object to our use of your personal data which is processed on the basis of our legitimate interests. However, we may continue to process your personal data, despite your objection, where there are compelling legitimate grounds to do so or we need to process your personal data in connection with any legal claims.
You have the right not to be subject to a decision which is based solely on automated processing (without human involvement) where that decision produces a legal effect or otherwise significantly affects you. This right means you can request that we involve one of our employees or representatives in the decision-making process. We are satisfied that we do not make automated decisions of this nature.
YOUR CONSENT
By submitting your personal information you consent to the use of that information as set out in this policy.
WHERE WE STORE YOUR INFORMATION (APPLIES TO EEA CLIENTS)
The data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area (“EEA”). It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers. Such staff maybe engaged in, among other things, the fulfillment of your payment order, the processing of your payment details and the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.
CHANGES TO PRIVACY POLICY
We keep our Privacy policy under regular review. If we change our Privacy policy we will post the changes on this page, and place notices on other pages of the website, so that you may be aware of the information we collect and how we use it at all times. We reserve the right to make changes to our Privacy Policy at any time, without notice, where such change is required by applicable legislation.
HOW TO CONTACT THE PAYRISE
We welcome your views about our website and our Privacy policy. If you would like to contact us with any queries or comments please send an email to [email protected]
Terms of Use
These terms of use (the “Agreement”) form a legal agreement between you (“You”) and Payrise Finance Ltd, a British Columbian company (the “Company”, “We” or “Us”). The effective date of this Agreement is when You accept or are deemed to accept this Agreement. You are deemed to have accepted and agreed to this Agreement, and all terms herein including the Limitation of Liability and Indemnification provisions, when you access this website. If You are accessing this website on behalf of a business, your access constitutes the business’ acceptance of these terms.
You hereby consent to the exchange of information and documents between You and Us electronically over the Internet or by email and agree this electronic Agreement shall be the equivalent of a written paper agreement between You and Us.
Ownership and Copyright
You acknowledge that any and all information, content, reports, data, databases, graphics, interfaces, web pages, text, files, software, product names, company names, trade-marks, logos and trade-names contained on this website (collectively the “Content”), including the manner in which the Content is presented or appears and all information relating thereto, are the property of their respective owners as indicated, the Company or its licensors, as the case may be. You shall have no right, title or interest, ownership or otherwise, in the Content.
Permitted Use
The Company hereby grants to You a limited, revocable, personal, non-transferable and non-exclusive license to access, read and download one copy of the Content solely for the purpose of evaluating the services offered by Us (“Services”).
Restrictions On Use
You agree that You will not:
- distribute the Content for any purpose, including, without limitation, compiling an internal database, redistributing or reproducing the Content by way of the press or media or through any commercial network, cable or satellite system; or
- create derivative works of, reverse engineer, decompile, disassemble, adapt, translate, transmit, arrange, modify, copy, bundle, sell, sublicense, export, merge, transfer, adapt, loan, rent, lease, assign, share, outsource, host, publish, make available to any person or otherwise use, either directly or indirectly, the Content in whole or in part, in any form or by any means whatsoever, be they physical, electronic or otherwise. You shall not permit, allow or do anything that would infringe or otherwise prejudice the proprietary rights of the Company or its licensors or allow any third party to access the Content. The restrictions set out in this Agreement shall not apply to the limited extent the restrictions are prohibited by applicable law.
License to Use Your Information
With the exception of your non-public personal information, You hereby grant to the Company a perpetual, unlimited, royalty-free, worldwide, non-exclusive, irrevocable, transferable license to run, display, copy, reproduce, publish, bundle, distribute, market, create derivative works of, adapt, translate, transmit, arrange, modify, sublicense, export, merge, transfer, loan, rent, lease, assign, share, outsource, host, make available to any person or otherwise use any information or other content You provide on or through this website or which is sent to the Company by email or other correspondence, including, without limitation, any ideas, concepts, inventions, know-how, techniques or any intellectual property contained therein, for any purpose whatsoever. The Company shall not be subject to any obligations of confidentiality regarding any such information unless specifically agreed to by the Company in writing or required by law. You represent and warrant that you have the right to grant the license set out above.
Personal Information
The Company may from time to time, but is not obligated to, monitor your use of the website and collect, store, use and disclose information concerning You to solicit or offer You its Services, and You hereby consent to such collection, storage, use and disclosure and waive any right of privacy You may have in it.
Service Agreement
If You procure Services from the Company or one of its suppliers or sponsors, then such Services shall be delivered pursuant to a separate agreement and are not provided hereunder and You shall have no rights or claims in respect of such Services hereunder.
Limitations on Liability and Disclaimers
THERE IS NO GUARANTEE THAT PERSONAL INFORMATION PROVIDED AND TRANSACTIONS CONDUCTED ON THIS WEBSITE OR ON THE INTERNET WILL BE CONFIDENTIAL AND SECURE. THE USE OF THIS WEBSITE AND THE CONTENT IS AT YOUR OWN RISK, AND, TO THE GREATEST EXTENT PERMITTED BY LAW, THE COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY PERTAINING TO THE CONTENT, YOUR USE OF THE WEBSITE OR THE RECEIPT, STORAGE, TRANSMISSION OR OTHER USE OF YOUR PERSONAL OR TRANSACTION INFORMATION.
This website may contain links to other sites. The Company does not assume responsibility for the accuracy or appropriateness of the information, data, opinions, advice or statements contained at such sites, and when You access such sites, You are doing so at your own risk. In providing links to the other sites, the Company is in no way acting as a publisher or disseminator of the material contained on those other sites and does not seek to monitor or control such sites. A link to another site should not be construed to mean that the Company is affiliated or associated with the same. THE COMPANY DOES NOT RECOMMEND OR ENDORSE ANY OF THE CONTENT, INCLUDING WITHOUT LIMITATION ANY HYPERLINKS TO, OR CONTENT FOUND ON, OTHER WEBSITES. The mention of another party or its product or service on this website should not be construed as an endorsement of that party or its product or service.
The Company will not be responsible for any damages You or any third party may suffer as a result of the transmission, storage or receipt of confidential or proprietary information that You make available on the website or that You expressly or implicitly authorize the Company to make available, or for any errors or any changes made to any transmitted, stored or received information.
You are solely responsible for the retrieval and use of the Content. You should apply your own judgment in making any use of any Content, including, without limitation, the use of the Content as the basis for any conclusions or decisions.
THE CONTENT MAY NOT BE ACCURATE, UP TO DATE, COMPLETE OR UNCORRUPTED, AND IS NOT TO BE RELIED UPON.
THE CONTENT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE INTERPRETED AS A RECOMMENDATION FOR ANY SPECIFIC PRODUCT OR SERVICE, USE OR COURSE OF ACTION.
EXCEPT AS EXPRESSLY PROVIDED IN A SEPARATE AGREEMENT WITH YOU, THIS WEBSITE AND ALL CONTENT, PRODUCTS, SERVICES AND SOFTWARE ON THIS WEBSITE OR MADE AVAILABLE THROUGH THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS, OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO UNINTERRUPTED OR ERROR-FREE OPERATION, AVAILABILITY, ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, LEGALITY, SUITABILITY, PRIVACY, SECURITY, MERCHANTABILITY, QUALITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY REPRESENTATION, WARRANTY, GUARANTY OR CONDITION ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE.
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS OR THEIR RESPECTIVE OWNERS, DIRECTORS, OFFICERS OR EMPLOYEES (“RELEASED PARTIES”) BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, AGGRAVATED, ECONOMIC OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, INCLUDING BUT NOT LIMITED TO: DAMAGES FOR LOSS OF USE, LOST PROFITS OR LOST SAVINGS, EVEN IF THE RELEASED PARTY HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS.
IN NO EVENT WILL ANY OF THE RELEASED PARTIES BE LIABLE FOR DAMAGES OR LOSSES RESULTING FROM: VIRUSES, DATA CORRUPTION, FAILED MESSAGES, TRANSMISSION ERRORS OR PROBLEMS; TELECOMMUNICATIONS SERVICE PROVIDERS; LINKS TO THIRD PARTY WEBSITES; THE INTERNET BACKBONE; PERSONAL INJURY; THIRD PARTY CONTENT, PRODUCTS OR SERVICES; DAMAGES OR LOSSES CAUSED BY YOU OR YOUR RESPECTIVE EMPLOYEES, AGENTS OR SUBCONTRACTORS; LOSS OF USE OR LACK OF AVAILABILITY OF FACILITIES, INCLUDING COMPUTER RESOURCES, ROUTERS AND STORED DATA; THE USE OR INABILITY TO USE THIS WEBSITE OR THE CONTENT; ANY OTHER WEBSITE ACCESSED TO OR FROM THIS WEBSITE; OR EVENTS BEYOND THE REASONABLE CONTROL OF THE COMPANY, EVEN IF THE RELEASED PARTY HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS.
IN NO CASE WILL ANY RELEASED PARTY’S CUMULATIVE TOTAL LIABILITY ARISING UNDER ANY CAUSE OF ACTION WHATSOEVER (INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, TORT, NEGLIGENCE, GROSS NEGLIGENCE OR OTHERWISE) BE MORE THAN ONE HUNDREED U.S. DOLLARS $100.00 USD.
THE COMPANY ASSUMES NO OBLIGATION TO UPDATE THE CONTENT ON THIS WEBSITE. THE CONTENT ON THIS WEBSITE MAY BE CHANGED WITHOUT NOTICE TO YOU. THE COMPANY IS NOT RESPONSIBLE FOR ANY CONTENT OR INFORMATION THAT YOU MAY FIND UNDESIRABLE OR OBJECTIONABLE. THE COMPANY DISCLAIMS ANY LIABILITY FOR UNAUTHORIZED USE OR REPRODUCTION OF ANY PORTION OF THE WEBSITE. ACCESSING THE CONTENT FROM TERRITORIES WHERE IT MAY BE ILLEGAL IS PROHIBITED.
Termination
This Agreement is effective until terminated by the Company, with or without cause, in the Company’s sole and unfettered discretion. The Company may terminate this Agreement without notice to You for any reason or for no reason. Any such termination by the Company shall be in addition to and without prejudice to such rights and remedies as may be available to the Company, including injunction and other equitable remedies.
The disclaimers, limitations on liability, ownership, termination, interpretation, your license to the Company, your warranty and the indemnity provisions of this Agreement shall survive the termination or expiry of this Agreement.
Indemnity
You agree at all times to indemnify, defend and hold harmless the Released Parties, and each of them, against all actions, proceedings, costs, claims, damages, demands, liabilities and expenses whatsoever (including legal and other fees and disbursements) arising out of, sustained, incurred or paid by any of the Released Parties directly or indirectly in respect of:
- any information or other content You provide on or through this website or which is sent to the Company by email or other correspondence;
- your use or misuse of the Content or this website, including without limitation infringement claims;
- your failure to comply with any of your obligations set forth in this Agreement;
- the inaccuracy or falsity of any representation or warranty made by You in relation to this Agreement; or
- your alleged or actual negligence or willful misconduct.
Governing Law
The Company, this website and the Content (excluding linked websites or content) are physically located within the Province of British Columbia, Canada. This Agreement shall be governed pursuant to the laws of the Province of British Columbia, Canada. Any and all disputes arising under this Agreement shall be resolved by binding arbitration administered by the Canadian Arbitration Association, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Arbitration shall take place in English before a single arbitrator who is a practicing commercial lawyer in the Province of British Columbia. You agree to waive any right You may have to the commencement of or participation in any class action against Company related to this website. You also agree to opt out of any class proceedings against Company or its licensors.
Interpretation
The division of this Agreement into sections and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of this Agreement. In this Agreement, words importing the singular number include the plural and vice versa; words importing gender include all genders; and words importing persons include individuals, sole proprietors, partnerships, corporations, trusts, other entities and unincorporated associations.
Entire Agreement
This Agreement, as it may be amended from time to time in accordance with the provisions of Section 13, and any and all other legal notices and policies on this website, constitute the entire agreement between You and the Company with respect to the use of this website and the Content.
Amendment and Waiver
The Company reserves the right, in its discretion, to amend this Agreement at any time by posting amendments on this website. You are responsible for periodically reviewing the amendments on this website, and You are deemed to be aware of such amendments. If You do not agree to the amended terms and conditions, You shall immediately stop using this website. Access to this website or use of this website after any amendments have been posted shall constitute your acknowledgement and acceptance of the amended terms and conditions. No supplement, modification or amendment to this Agreement and no waiver of any provision of this Agreement shall be binding on the Company unless executed by the Company in writing or posted by the Company to the website. No waiver of any of the provisions of this Agreement shall be deemed to be or shall constitute a waiver of any other provision (whether or not similar) in this Agreement or any other agreement between You and the Company nor shall such waiver constitute a continuing waiver unless otherwise expressly provided.
Severability
Any provision of this Agreement which is held by an arbitrator to be illegal, invalid or unenforceable in such jurisdiction shall, as to that jurisdiction, be ineffective to the extent of such illegality, invalidity or unenforceability and shall otherwise be enforced to the maximum extent permitted by law, all without affecting the remaining provisions of this Agreement or affecting the legality, validity or enforceability of such provision in any other jurisdiction.
Enurement
This Agreement shall inure to the benefit of and be binding upon You and the Company and our respective successors and permitted assigns. You acknowledge having read this Agreement before accepting it and using the website, having the authority to accept this Agreement and having received a copy of this Agreement.
Assignment
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by You and any attempted transfer or assignment shall be null and void.
Language
The parties hereto agree that this Agreement is drafted and executed in the English language. Les parties aux présentes s’entendent pour que la présente convention soit rédigée en langue anglaise.
Terms of Service
- Conditions of execution of international payment transfers
- Definitions
1.1. Payrise – Payrise Finance Ltd, a company incorporated in Canada.
1.2. International payment transfer – a transfer of monetary funds of the Payer initiated by the Payer to the account of the Recipient indicated by the Payer and opened in an institution of a provider of payment services in any other country apart from the Canada, or a transfer of monetary funds in a currency other than euro to an account opened in an institution of another provider of payment services in the Canada.
1.3. International payment order – a Payment order submitted by the Payer for execution of the International payment transfer.
1.4. European payment order – a Payment order which complies with all of the following conditions:
1.4.1. the currency of the payment is euro (EUR) and United states dollar (USD);
1.4.2. funds are transferred to the Provider of payment services of the Recipient;
1.4.3. the international BIC code of the Provider of payment services of the Recipient is indicated;
1.4.4. the number of the account of the Recipient is indicated according to the international standard of bank account numbers (IBAN);
1.4.5. the Payer and the Recipient both pay their share of fees charged by Payrise and the Provider of payment services of the Recipient, i.e. the Payer pays for fees of Payrise , which are debited from the Account, whereas the Recipient pays for fees of the institution of the Provider of payment services of the Recipient;
1.4.6. the transfer is standard (non-urgent) or urgent.
1.5. Conditions – present conditions of execution of the International payment transfer.
1.6. Account – the Payrise account of the Payer indicated in the Payment transfer.
1.7. General agreement – General payment service agreement concluded between the Payer and Payrise , conditions of which are applied to the Payer and under which Payrise has opened the Account for the Payer.
1.8. Intermediary bank – an institution which is neither Payrise , nor the Provider of payment services of the Recipient, but which participates in execution of the Payment order.
1.9. Provider of payment services of the Recipient – the provider of payment services indicated in the Payment order, in the institution of which the Recipient has the account to which funds of the Payer shall be transferred.
1.10. Business day – a day on which Payrise , the Intermediary bank and the Provider of payment services of the Recipient execute payment operations under international money transfers. Please note that business days of Payrise , the Intermediary bank and the Provider of payment services of the Recipient may differ.
1.11. Member country – a country which is a member of the European Union and the European Economic Area (EEA).
1.12. Foreign country – a country which is not a member of the European Union or the European Economic Area (EEA).
1.13. Cancellation – an order of the Payer to cancel the Payment order and return transferred funds to the Account of the Payer.
1.14. Specification – an order of the Payer to specify or change data of the Payment order.
1.15. Pricing – prices for Payrise services and operations confirmed according to the procedure set forth by Payrise .
When using the service indicated in the present Conditions, the Payer is applied with all terms and conditions of the General agreement and additionally with terms and conditions set forth in the present Supplement. Terms in the present Supplement are used in the meaning defined in the General agreement if the present Supplement does not indicate otherwise.
- General provisions
2.1. When submitting the Payment order, the Payer undertakes all responsibility for correctness and exhaustiveness of requisites of the Payment order submitted to Payrise and agrees with the present Conditions.
2.2. Payrise executes the Payment order submitted by the Payer according to the present Conditions, the General agreement and the legislation of the Canada.
2.3. The Payment order, its Cancellation or Specification shall be submitted to Payrise in written (via email or another method acceptable to Payrise ).
- Terms and Procedure of Execution of the Payment Order
3.1. If the Payer is a User and the transfer is performed in a currency of a Member country to an account in a Member country, Payrise executes such Payment order, i.e. funds are transferred to the Provider of payment services of the Recipient within terms indicated in the Pricing.
3.2. If the Payer is not a User or the transfer is performed in a currency of a Member country to an account in a Foreign country or in a currency of a Foreign country, Payrise transfers such Payment order to the Intermediary bank within terms indicated in the Pricing. The Intermediary bank executes such Payment order by transferring funds to the Provider of payment services of the Recipient or to another Intermediary bank according to internal work regulations of the Intermediary bank and within terms indicated in binding legal acts.
3.3. Payrise debits the amount indicated in the Payment order from the Account of the Payer when transfers the Payment order for execution and sends funds to the Intermediary bank or the Provider of payment services of the Recipient.
3.4. Payrise does not undertake the responsibility if the Payment order is not executed due to false or non-exhaustive requisites of the Payment order. Payrise also does not hold the responsibility for errors committed by the Provider of payment services of the Recipient and/or delayed crediting of funds to the account of the Recipient by the Provider of payment services of the Recipient, or when the Payer in the Payment order does not indicate all data required by the Provider of payment services of the Recipient, which are necessary to credit funds to the account of the Recipient.
3.5. If the Payer is a User and the transfer is performed in a currency of a Member country to an account in a Member country, Payrise holds the responsibility against the Payer for transfer of funds to the Provider of payment services of the Recipient within terms indicated in the Pricing, but does not hold the responsibility for errors of the Provider of payment services of the Recipient and its work regulations applied to execution of the Payment order. In other cases, i.e. when the Payer is not a User or the transfer is performed in a currency of a Member country to an account in a Foreign country or in a currency of a Foreign country, Payrise does not hold the responsibility for errors committed by the Intermediary bank and the Provider of payment services of the Recipient, their work regulations applied to execution of the Payment transfer, and undertakes the responsibility for non-execution or inappropriate execution of such Payment order against the Payer only if it has happened due to a fault of Payrise .
3.6. Payrise does not hold the responsibility for any losses of the Payer, which have occurred due to a change in the currency exchange rate during execution of the Payment transfer.
- Cancellation and Specification of the Payment Order
4.1. The Payer may submit a Cancellation to Payrise , and the amount of money in the Payment order together with the fees will be returned under the Cancellation to the Account only if Payrise has not yet sent the Payment order to the Provider of Payment Services of the Recipient or the Intermediary bank. In other cases, under a request from the Payer, Payrise may contact the Intermediary bank or the Provider of payment services of the Recipient regarding the possibility of cancellation of the Payment order, but Payrise does not guarantee that the Cancellation will be executed. In such cases, additional fees applied by the Intermediary bank and/or the Provider of payment services of the Recipient may be charged. The Payment order may be canceled only in case of agreement between the Payer and Payrise .
4.2. The Payer may submit to Payrise Specification of data indicated in the Payment order, except for changes in the amount, currency and account indicated in the Payment order, as such data cannot be changed. Payrise specifies the Payment order according to the information indicated in the Specification only if Payrise has not yet sent a message about the Payment order to the Provider of payment services of the Recipient or the Intermediary bank prior to submission of the Specification. If funds have already been debited from the correspondent account of Payrise and/or a message about the Payment order has already been sent to the Provider of payment services of the Recipient or the Intermediary bank, Payrise informs the Provider of payment services of the Recipient or the Intermediary bank respectively about the Specification, but does not undertake the responsibility for execution of the Specification, i.e. in this case execution of the Specification depends on requirements of the Provider of payment services of the Recipient or the Intermediary bank and agreement of the Recipient.
4.3. In case of the European payment order, the Specification cannot be submitted. If the Payer submits such Specification, Payrise will not have to accept and/or execute it.
- Fees
5.1. For execution, Cancellation and Specification of the Payment order and also for other services provided and other operations executed by Payrise , the Payer pays fees set in the Pricing and valid at the moment of provision of the Payrise service or execution of the operation. Fees are paid under the procedure and within terms set forth in the General agreement by debiting them from the Account. The Payer grants Payrise the right to debit fees indicated in the present clause also from other Accounts of the Payer under the procedure set forth in the General agreement without a separate request from the Payer.
5.2. According to options indicated in the Pricing and under the procedure set forth in clause 6.3 of the present Conditions, the Payer has the right to indicate who has to pay fees applied by Payrise , the Intermediary bank and the Provider of payment services of the Recipient for execution of the Payment order: partly the Payer and the Recipient or only the Payer.
5.3. If the Payer pays for fees charged by the Intermediary bank and the Provider of payment services of the Recipient, but the amount of money paid by the Payer for execution of the Payment order does not cover all fees of the Intermediary bank and the Provider of payment services of the Recipient related to execution of the Payment order, the Payer gives Payrise the right to debit the difference between fees charged by the Intermediary bank and the Provider of payment services of the Recipient and the fee paid to Payrise from the Account and/or another account(s) of the Payer opened by Payrise under the procedure set forth in the General agreement concluded with Payrise , without a separate order of the Payer.
5.4. If the Payment order is returned due to reasons beyond control of Payrise (e.g. due to errors of the Intermediary bank selected by the Provider of payment services of the Recipient or the Recipient or any other Intermediary bank, or due to inaccurate or insufficient requisites in the Payment order and in similar cases), the amount of money indicated in the Payment order is returned to the Account, whereas fees paid by the Payer are not returned and/or the fine for delay of execution of the Payment order is not paid, and all costs related to the return of the funds are debited from the Account.
- Filling in the Payment Order
6.1. The Payment order shall be filled in according to the instructions given in the System.
6.2. The currency code is indicated by selecting a standard used in the System.
6.3. Field “Type of payment of fees”:
6.3.1. if the Payer selects to split the fees (SHA), the Payer pays fees charged by Payrise , which are debited from the Account, whereas the Recipient pays fees charged by the Provider of payment services of the Recipient, which may be debited from the amount transferred to the Recipient. If the transfer is performed in a currency of a Member country to an account in a Foreign country or in a currency of a Foreign country, the Recipient shall also pay fees of the Intermediary bank which may be deducted from the amount transferred to the Recipient. The present payment option is mandatory when the transfer is performed in a currency of a Member country to an account in a Member country;
6.3.2. If the Payer selects to pay all fees (OUR), the Payer pays fees charged by Payrise , the Intermediary bank and the Provider of payment services of the Recipient, which are debited from the Account. Payrise does not undertake the responsibility if the Intermediary bank and/or the Provider of payment services of the Recipient do not comply with instructions of Payrise or due to some other reasons beyond control of Payrise the Recipient does not receive the full amount indicated in the Payment order to his/her account. The present payment option shall be selected only if the transfer is executed in a currency of a Member country to an account in a Foreign country or in a currency of a Foreign country;
6.3.3. if the Payer selects neither of the options, it is considered that the fees of Payrise , the Intermediary bank and the Provider of Payment services of the Recipient are split between the Payer and the Recipient (SHA).
6.4. In the field “Payment type” the Payer indicates the payment type according to options indicated in the Pricing, by selecting one of the following: “Standard”, “Urgent” or “Very urgent”. If neither of the options is selected, it is considered that the payment type is “Standard”.
6.5. In the field “Purpose” the Payer indicates the purpose of the Payment order and other additional information about the Payment order.
6.5.1. If the instructions provided in the System in a specific case (e.g. in case of account top up) require to indicate specific data, the Payer shall comply with the instructions and indicate the specific data according to the instruction (e.g. Payrise Account number). Otherwise, Payrise does not undertake the responsibility for execution of the Payment order.
6.6. The Payer is recommended to fill in the field “Recipient’s bank correspondent” if the transfer is performed to the country of the recipient (except for the Canada) in a currency which is not a national currency of the country of the Recipient (e.g. when executing a transfer in US dollars to the Russian Federation).
6.7. The Payment order shall be submitted by the Payer or persons appropriately authorised by the Payer.
6.8. If the transfer is performed to an account in a Member country or Switzerland, the Payer is always recommended to indicate the account number of the Recipient according to the IBAN standard and the international code of the Provider of payment services of the Recipient BIC.
6.9. The Payer confirms that s/he is aware that if funds are transferred to an account in a Member country or Switzerland and the BIC code of the Provider of payment services of the Recipient or the account number of the Recipient according to the IBAN standard is not indicated in the Payment order, Payrise , at its own discretion, may refuse to execute such Payment order or execute it, but in this case allow the Intermediary bank and/or the Provider of payment services of the Recipient to charge a bigger fee. In such case, the Payer gives Payrise the right to debit the bigger fee (additional fee) charged by the Intermediary bank and/or the Provider of payment services of the Recipient from Accounts of the Payer under the procedure set forth in the General agreement concluded between the Payer and Payrise , without a separate order from the Payer.
- Annual Client Assessment
7.1 Scope of Applicability.
The provisions of this section shall apply typically to Personal account, Corporate account: Payment/Current Accounts.
Annual assessments and customer fees are required for all clients within our ranges of assessments. This section does not limit the operation of any other sections of the agreement, but in the event of any direct conflict between this section and other sections in conjunction with the professional services, this section will control.
7.2 Time of application.
Annually, since the date of opening accounts the assessments are required to be made between clients and our company.
Typically, during the renewal month, our customer relations department will contact renewal account customers to maintain the account. At the same time, providing notifications for client assessments.
7.3 Client Review Requirement
This is an important step of our business process. Client Review is the process through which we develop an understanding of our customers and their potential effects that they pose to our business.
High Risk Client is going to be assessed for risks within 9 months. This includes derivative fees generated by our company or the requests of the Authority such as PI/ eMI for reviewing the unusual activities from clients.
7.4 Proposed Service Charge of Client Review.
For Client Review provided by Payrise , the Payer pays fees set in the Pricing and valid at the moment of provision of the Payrise service.
If risks are so unpredictable and create legal effects on our business, accounts must be requested to be closed until we have more credible documents from clients.
- Payment Collection from Buyers via the Internet
Definition
General Agreement – General payment service agreement, applied to the Customers.
Customers – a Client of the Payrise System who sells goods and services and uses one or more services of payment collection for Customers indicated in the System and provided by Payrise .
(*Explanation: When provisions of the General payment service agreement are applied for all Clients – both Customers and other Clients – the term “Client” is used, and when provisions of the General payment agreement are applied only for Customers, the term “Customers” is used).
Buyer – a payer and/or a final recipient of services provided and goods sold by the Customers using the System for payment collection.
Project – a detailed description of the goods and/or services provided by the Customers for the purpose of payment collection from Buyers for goods or services provided by the Customers by means indicated in the System.
General Provisions
- The service of payment collection via the Internet provides the Customers with an opportunity to collect payments from Buyers using Payrise account, electronic banking systems specified in the System, credit and debit cards specified in the System, Payment tools issued by Payrise and other means specified by the System.
- Using this service, all conditions of the General agreement and additional conditions laid down in this Supplement are applied to the Customers. Concepts of this Supplement are used in the meaning indicated in the General agreement.
- Payment collection methods are provided on our website. Specific payment collection methods are selected by the Customers on his/ her Account when submitting the Project. If specific personal data of a Buyer is required in order for the Customers to execute his/ her activity (e.g. personal ID number), the Customers shall inform Payrise thereof and order the specific Buyer data transmission service. The Customers ensure that they have the right to collect such data and process them in line with the requirements set forth by legal acts. Payrise has the right to refuse to provide specific Buyer personal data, if it violates personal data protection requirements.;
- In order to use this service, the Customers shall submit to Payrise his/ her Project and other documents required by Payrise .
- Payrise has the right to refuse to confirm the Project and provide the service to the Customers without explanation.
- Payrise starts providing the service after the Project of the Customers is confirmed by Payrise and the Customers performs integration in accordance with the integration instructions provided by Payrise . The Customers can use the service of payment collection only in those E-shops of the Customers and only by website addresses (URL) which have been provided in the Project submitted by the Customers and confirmed by Payrise . In the event of amendments to the confirmed Project, the Customers shall inform Payrise thereof immediately, and the amendments to the Project shall be submitted and confirmed according to the same procedure as the Project itself.
- Payrise provides the service of Payment Collection from Buyers via the Internet only on the condition that the Customers, who aims to use at least one method of Payment Collection from Buyers via the Internet, in all cases commits to install and use the method of payment collection via Payrise account. If the Customers does not comply with the requirements of this clause, other methods of payment collection shall be turned off within 14 (fourteen) business days after sending the notification to the Customers. In case violations of this clause recur, the provision of services may be terminated without notice.
- The Supplement “Collection of Payments via the Internet by Payment Cards” is additionally applied to the Customers who want to use the service of payment collection via credit and debit cards, and the Customers shall comply with all of the requirements of the aforementioned Supplement.
- In case the Customers is a legal person, by agreeing to the conditions of this Supplement, the Customers confirms that the person who acts on behalf of the Customers has all the necessary powers to order this service in the name of the legal person. The Customers are obligated to provide all the documents necessary to confirm such powers at the request of Payrise .
Price and Settlement Procedure
- Prices of payment collection via the Internet are provided on Payrise website. The Customers confirms that has carefully studied the prices and terms payment collection, payment transfers and all the Payrise services that are applied to and relevant for the Customers.
- The amount (commission fee) that belongs to Payrise shall be automatically deducted after the Customers receives a payment. If the commission fee has not been deducted during the operation, Payrise has the right to deduct the commission fee later. The commission fee is calculated in cents, rounded to the upper half.
- The Customers undertake not to apply any additional fee when Buyers choose to pay the Customers via the System and not via other payment systems, also not to set additional limitations which might discriminate Buyers when settling via the System, as well as payment methods offered via the System.
- Payrise shall accept the amount of money indicated in the payment order (document) from the Buyer and automatically inform the information system of the Customers about the completed payment. The System also shall inform Buyers about pending orders. The Customers, under his/ her choice, can refuse this function.
- Payrise informs and the Customers confirms that s/he understands that for certain payment methods (e.g. payment initiation service) information about a successful payment of the Buyer means only confirmation that the Buyer has completed the payment, but does not confirm the payment receipt. Payrise does not guarantee that the Buyer will not cancel the payment later and the funds will be credited to the account of the Customers. When providing services or selling goods without receiving the payment (or when the payment is under reserve according to conditions of the present supplement), the Customers operate at their own risk. The Customers may choose to receive information about received payment only after funds are credited to their account.
- Payrise credits amounts for goods and services that belong to the Customers to the Payrise Account of the Customers, opened in accordance with the conditions of the General agreement.
- Under a separate request by the Customers and a consent by Payrise , Payrise can provide the Customers with a possibility to choose all funds credited to the Account to be converted into one currency automatically.
- The Customers agrees that Payrise can use the income or a part of an income received from the Customers for the provided service at its discretion to pay bonuses to the Buyer, and it will be considered as a discount, indirectly provided to the Buyer by the Customers.
- The Customers must not split the paid amount of money for a shopping cart into several payments.
- The account statement for the services specified in the present Supplement and provided to the Customers, as well as the deducted commission fee shall be uploaded to the System or, upon a Customer’s request, shall be sent by email provided by the Customers. The account statement equals a VAT invoice issued for financial services exempt from VAT and specified in Article 28 of the Law on VAT in accordance with clauses 18-1 of the Rules for Issuance and Recognition of Accounting Documents Used for Tax Calculation, confirmed by the Resolution of the government of the Canada No. 780 from May 29, 2002. Upon the Customer’s request to receive a written statement signed and stamped by Payrise , a fee set by Payrise shall be applied.
- Payrise stores copies of payment orders not less than 6 (six) months, but not longer than it is determined by the applicable legislation.
Refunds
- If a payment accepted in favor of the Customers has to be returned to the Buyer, Payrise refunds all or a part of the amount to the Buyer at the request of the Customers, written or submitted in the System. A refund is carried out in the same way as the payment has been performed (refunds in cash are not available). A commission fee applied to the Customers for the acceptance of such payment is not returned to the Customers. Before making a refund to the Buyer, the commission fee of the refund service shall be indicated in the System.
- In the event of the payment accepted in favor of the Customers has been performed in an unauthorized manner (theft of Payment instruments, Passwords or any other cases when the payment is deemed to be unauthorized) and money has been irreversibly deducted from Payrise , Payrise has the right to deduct the same amount of money from the Customers, and the Customers shall immediately transfer the amount deducted by Payrise and reimburse Payrise all costs and expenses incurred due to such unauthorized payments. Payrise shall not assume the risk and be liable for the damage caused due to unauthorized payments performed through third systems. If the Customers does not have a sufficient amount of collected funds in the System to reimburse the incurred loss, the Customers shall transfer the required amount of money to the account specified by Payrise within 7 (seven) calendar days after receipt of the notice. Payrise shall inform the Client about each such case by an individual notice via email.
- In dependence on the Project category and payment method, Payrise has the right to set an amount of funds which shall be held on the Payrise account of the Customers (a payment reserve) to ensure requirements of payers imposed on the Customers, arising out of disputes. The amount of the reserve is set for each Customers individually in dependence on the following circumstances:
23.1. the Customers completely terminates his/ her business or a major part of the business;
23.2. the Customers essentially changes his/ her business model;
23.3. the activity carried out by the Customers is of a significant risk in comparison to activity of other Customers providing analogous services;
23.4. the Customer’s general financial situation has changed;
23.5. the Customers becomes insolvent or for other reasons cannot repay debts in time;
23.6. Payrise at its own discretion reasonably considers that the Customers cannot fulfill the obligations under the General agreement and this Supplement;
23.7. Payrise receives many complaints from Buyers concerning the payment collection service under this agreement, requests for refunds, unauthorized payment reports. Many shall be deemed over 2% of all payment operations executed in favor of the Customers.
- The Parties can discuss the amount and period of holding the reserve under a separate agreement.
- Payrise can apply for a temporary hold of payment funds received to the Payrise account of the Customers. Standard percentage and term of such hold is given on our website. The terms and percentage can be changed by notifying the Customers thereof 30 calendar days in advance. If the Buyer cancels the payment or Payrise does not receive funds for other reasons, Payrise deducts the held amount from the account of the Customers.
Technical Integration of Services
- The Customers, who aims to use the service of payment collection via the Internet described in this Supplement, undertakes to link his/ her system with that of Payrise in accordance with instructions provided by Payrise , information is public on the website.
- The Customers understands and agrees that incorrect integration may evoke additional loadings of the System which are undesirable and unacceptable; therefore, the Customers shall ensure the connection to be performed strictly according to the instructions.
- Payrise can change the solution for technical integration of services without constraint and at any time. The notice about any changes which require corrections in the software of the Customers shall be made at least 90 (ninety) days in advance. The Customers understands that after Payrise changes Integration instructions and informs the Customers thereof, the Customers has to update the connection of the systems on his/ her side at his/ her own expense in 90 (ninety) days since the day of the notice. Required changes on the Customer’s side shall be performed at his/ her own expense.
Confirmations and Agreements of the Parties
- The Customer commits to always inform Buyers that the System will be used to perform payments.
- The Customer is prohibited from using logos of banks or other payment systems without a written consent of their owners, except when the owners of the systems do not require such consent.
- If names or other information of banks or other payment systems are used on the Customer’s website, these data shall be transmitted from the Payrise System in order for the data to comply with the requirements set out by the data holder. The Customers undertake to track changes in the payment service provider’s logo, name or other information and update such data on their website within 1 (one) month since the relevant changes have occurred.
- The Customer’s registration in the System means his /her confirmation and guarantee to Buyers that s/he will operate honestly and his/ her actions meet the interests of Payrise , the Customers and the Buyer. The Customer is responsible for the content on his /her website. The Customer also undertakes to provide services and sell goods to Buyers in a quality and timely manner.
- The Customer confirms that s/he has all the necessary ownership rights to sell goods and/or services and ensures that the System will not be used by third persons not entitled to use of the System.
- The Customer ensures that all actions of the Customers related to execution of the Agreement, as well as goods sold and/or services provided will comply with the law of the Canada and the state, where the goods are sold and the services are provided. The Customers shall bear liability for all consequences arising out of failure to observe these obligations.
- Providing the service set forth in the present Supplement, Payrise is not liable for goods sold and/or services provided by the Customers and consequences arising out of the sale of goods and/or provision of services. Payrise also does not guarantee that the other party of the transaction formed by the Customers (the Buyer) will fulfill the transaction (e.g. when the payment was not canceled or other actions were not executed). If the other party (Buyer) of the transaction carried out by the Customers does not complete the transaction, it is considered a debt of the Buyer or another violation of liabilities against the Customers. Payrise does not guarantee the identity of the Buyer either.
- The Parties (the Customers and Payrise ) undertake to ensure the proper application of organizational and technical means intended for protection of personal data of Buyers from accidental or illegal destruction, replacement, disclosure or other illegal processing as it is established by applicable legal acts.
- The Parties (the Customers and Payrise ) commit not to store the identification data of Payment tools of Buyers, ensure the confidentiality of identification data of Payment tools of Buyers and personal data and guarantee that such data will not become known to any third persons, including employees of the Customers.
- The Parties (the Customers and Payrise ) undertake not to require additional data of Buyers, including identification tools used by the Buyers in performing transactions through e-banking systems. Buyers must provide only information, which is necessary to deliver goods or provide services.
- The Customers, using Payrise services for business or professional needs, is recommended to place a “Label of Quality and Reliability” on the Customer’s website during the Agreement validity period along with the reference to the System.
- The Customers agree for their logo and descriptions of services and/or goods to be displayed in the System. Payrise has the right to delete such descriptions from the System without a separate warning and without indicating reasons for the deletion.
- The Customers undertake to inform Payrise about any changes, including information related to the Customer’s (legal persons represented by him/ her) legal status, type of activity, authorized persons with the right of signature, Internet address and other information, which can significantly affect the execution of the General Agreement and this Supplement, immediately, but not later than 5 (five) business days prior to such changes. The Customer is responsible for all consequences arising out of improper execution of the obligations and failure to provide the aforementioned information on time.
- The Customer shall immediately inform Payrise about any circumstances, owing to which harm to information systems and/or the execution of the agreement has been caused or could have been caused, and also provide other information that may be necessary for the proper execution of the agreement.
Prohibited Activities
- The prohibited activities are listed at Business activities prohibited.
- Accepting payments via the Internet, the Customer is also prohibited from:
46.1. accepting payments in an unregulated and/or unsupervised virtual currency;
46.2. indicating incorrect prices for goods or services or not indicating the whole price;
46.3. advertising by SPAM (e.g. sending large amount of messages via email, Skype and ICQ or other internet communication tools);
46.4. providing a comparison of payment method prices to a Buyer.
- The Customer is obliged to ensure that the services provided or goods sold by him/ her meet and do not violate the legislation of a specific country where the services are provided or goods are sold, and he/she has all the necessary permits and/or licenses to carry out the respective activity.
- In case it turns out that the Customer has not complied with or violated the obligations to perform the prohibited activities indicated in the Supplement, or his/ her activity has not complied with or violated the legislation of a specific country, and Payrise has incurred losses for this reason (e.g. fines imposed, explanations required, an agreement with an operator terminated), Payrise has the right to, in a non-adversarial manner deduct from the account of the Customers all expenses and losses incurred due to obligation breaches by the Customers. If the amount of funds on the Customer’s account is insufficient to cover the expenses, the Customers shall immediately transfer the amount of incurred losses indicated by Payrise to the account indicated by Payrise .
Suspension of Services
- If it becomes known (e.g. it is publicly announced) that the Customers is unable or will be unable to provide services to the Buyer (e.g. is bankrupt), Payrise has the right to suspend the payment collection service and/or disbursement of collected payments (for up to 180 days) for the Customers, leaving the possibility to return funds to Buyers via the System. This clause is not applied if the Customers presents to the Buyer documents confirming the ability of the Customers to provide services to the Buyer.
- Payrise , acting reasonably and taking into account the interests of the Customers, has the right to limit the provision of services partially or completely without a prior warning, suspend the provision of the service described in this Supplement and/or suspend (reserve) payments collected on behalf of the Customers for up to 180 (one hundred and eighty) days, terminate contractual relationships and refuse to provide services in the future at any time, in case it becomes known that:
50.1. the Customers does not comply with or violates the requirements of the Section “Prohibited Activities” of this Supplement;
50.2. distribution of the Customer’s goods or services can harm Payrise business reputation;
50.3. if the liabilities of the Customers assumed on the basis of this Supplement are violated or a real (reasonable) threat of violation appears, or reasonable interests of Buyers may be harmed due to further provision of services;
50.4. the percentage of fraud payments accepted in favor of the Customers in number or amount exceeds 5% (five percent). Fraud payments include unauthorized payments and payments made using payment tools and/or funds managed illegally;
50.5. the Customers uses the service of payment collection on website addresses (URL), which have not been indicated in the Customer’s Project or its amendments and have not been confirmed by Payrise , hence violating the established procedure;
50.6. in all the other cases set out in the General payment service agreement.
- Payrise shall inform the Customers about the limitation of provision of services immediately (in one hour). About the possibility to return the funds the Customers shall be informed in 2 (two) business days from suspension of provision of services.
52.1. In order to protect Customers, Clients and Buyers from online fraud, Payrise always strives to objectively and promptly assess the current situation of the Customers and the Buyer and take appropriate security measures. Payrise reserves the right to suspend the provision of services and/or disbursement of money in the event of a conflict situation and in anticipation of allegedly criminal activity. This right is never used upon receipt of a complaint on the Customers, who has been operating successfully and using Payrise services for a long period of time since usually any misunderstandings are resolved by such Customers directly with the Buyer. Payrise reserves the right to ask for additional evidence of the identity and activities of the Customers or the Buyer in order to ascertain the real situation between the Seller and the Buyer. In the event of failure to resolve the situation through dialogue or in case reasonable suspicion of potential fraud has arisen, Payrise shall transfer all information on disputes and the agreement to law enforcement authorities, and the provision of services and disbursing money collected shall be suspended.
52.2. The customer is obliged to provide additional evidence of the identity and activities of the Customers or the Buyer and/ or answer the additional question from Payrise within the deadline set forth in the notification until DSBC can make clear about the customer money operation (but not later than 2 weeks from customer latest answer).
- The purpose of limitations set forth in this Supplement and in the General payment service agreement is to protect Payrise , Customers, other Clients, Buyers and other third persons from possible monetary sanctions, losses and other negative consequences.
Informing about Malfunctions
- Payrise shall notify the Client in advance, in accordance with the procedure provided in the General agreement, about known and potential technical failures of the System and systems or equipment of third parties involved by Payrise for the provision of services, which have impact on the provision of Payrise services. The Customers also undertakes to immediately inform Buyers and Payrise about technical failures, maintenance and repair works planned, which can have an impact on the Customer’s provision of services or selling of goods to Buyers.
Liability
- Liability of the Parties is determined by conditions of the General agreement.
Disputes between Customers and Buyers
- Payrise investigates disputes between the Customers and the Buyer related to the goods sold by the Customers in the following cases:
56.1. the Buyer settles for Customers’ goods via the System;
56.2. the whole amount for goods was paid;
56.3. the goods are not delivered or something entirely different from what the Buyer has expected is delivered (for example, a tape is delivered instead of DVD; delivered goods are not brand new, though they have been advertised as brand new; the amount of goods does not coincide; the goods have been damaged during transportation, etc.). Goods shall be considered suitable, if the Customers have indicated deficiencies of goods to the Buyer in advance.
- Payrise does not deal with disputes under cases set forth in this Supplement, if the dispute arises:
57.1. when the Buyer settles for provided services and everything else that is intangible;
57.2. when settling for real estate, vehicles, securities, artworks and antiquarian items.
- Before contacting Payrise , the Buyer shall contact the Customers directly.
- The Customers shall respond expeditiously (not later than within one business day) to the requests of Buyers which have been submitted to the Customers by the contact data indicated on the Account of the Customers.
- In case the Buyer and the Customers fail to resolve the dispute directly, the dispute shall be settled by Payrise . In order for Payrise to start settling the dispute, the Buyer shall:
60.1. fill in the required form in the Account or send a notification to Payrise by email at [email protected] not later than within 30 (thirty) days after the day when the payment for goods was executed. If the dispute originates due to undelivered goods, such request must be filled in not earlier than 7 (seven) days after of the delivery term expiration;
60.2. submit all available information and documents not later than 3 (three) days upon the request from Payrise . Payrise may also request the Buyer to provide evidence that the goods were returned to the Customers.
- After Payrise receives a request and additional information from the Buyer, Payrise addresses the Customers with a request to provide explanations and evidence of proper performance of obligations. The Customers commit to provide Payrise with all available information and documents requested not later than in 3 (three) days upon the request of Payrise .
- After Payrise evaluates all collected information and data, it takes a decision in favor of the Buyer or the Customers. As Payrise is neither a court nor an arbitration tribunal, the decision is taken following Payrise criteria which correspond to the requirements of reasonableness and honesty. Payrise decision does not have to coincide with the decision of the court which shall settle the dispute later in case the Buyer or the Customers take the dispute to the court. Payrise has the right to refuse to make a decision due to lack of information or other important reasons.
- When settling the dispute Payrise has the right to withhold the amount under dispute on the Payrise Account of the Customers.
- In case Payrise makes a decision in favor of the Buyer, Payrise has the right to oblige the Customers to return the relevant amount of money and delivery costs to the Buyer (or Payrise transfers Customer’s funds to the Buyer, if Customer’s funds have been withheld during the dispute settlement), and oblige the Buyer to return the goods to the Customers at Customer’s cost.
- After receiving the notice of dispute, the Customers must provide Payrise with an official proper answer within 14 days from the date receiving the notice via email. If the Customers fail to respond to the email within the timeframe, DSBC reserves the right, at its sole discretion, to return the relevant amount of money and delivery costs to the Buyer. In case there is insufficient amount of funds in the Customers’ account, an additional amount is required to be funded to fulfil the return process. Otherwise, Payrise reserves the right, at its sole discretion, to close the Customers’ account due to the violation of policy and terms of service.
- The decision of Payrise for the Buyer and the Customers is of recommendatory nature. The Buyer and the Customers undertake to operate honestly and observe the decision of Payrise .
- In the present Supplement, the requirements of the direct service provider to the direct users of the services – Customers are specified, to which the Customers undertake to adhere. In case the direct service provider imposes liability on Payrise due to a breach of the Customer’s duties, the Customers shall reimburse all the related direct and indirect damages.
- Provisions of this Supplement, regulating settlement of disputes between Buyers and Customers, do not deprive the Buyer and the Customers of the right to apply to court or other competent institution for protection of the violated rights.