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© 2019 by Fusionpay Limited - All rights reserved

Terms & Conditions

By signing a Merchant Agreement with FusionPay, the Merchant accepts these General Terms and Conditions.

 

1.DESCRIPTION OF SERVICE

1.1    Fusionpay will license Fusionpay’s API and Payment Facilitators shall provide the acquiring services to the Merchant, to enable Customers to make payments in relation to purchases of goods and services from the Merchant Website(s) via the Payment Method or any other payment method as agreed between the parties.  

 

1.2    Fusionpay and Payment Facilitators shall provide the Services with reasonable care and skill and in accordance with the terms and conditions of this Agreement.

 

2. HOW SHOULD WE COMMUNICATE WITH EACH OTHER?

2.1 If you wish to contact us, you can do so by e-mail at support@fusionpay.co.uk or by phone +44 (0) 20 3225 5505.

 

2.2 We will communicate with you via email. If we have to contact you because of a suspected or actual fraud or security threat we’ll do it by calling your mobile number. You must let us know of any changes to your email address or mobile number.

 

3. HOW MIGHT WE CHANGE THIS AGREEMENT?

3.1 We can make a change to this agreement for any of the following reasons (with any change being a reasonable and proportionate response to a change that is affecting us or that we reasonably think will affect us):

  • because of a change in legal or regulatory requirements, for example we may have to change our requirements for keeping your account safe to meet new, higher standards set by law;

  • if the change benefits you, for example when introducing new products or services or improving existing ones;

  • to reflect a change in our costs of providing you with services; or

  • to respond to any other change that affects us, if it's fair to pass on the effects of the change to you, for example to reflect developments in digital payments.

 

3.2 We may make reasonable and proportionate changes for any other reason we cannot foresee, for example to respond to changes in our industry that affect how we wish to deliver our services to you.

 

3.3 We’ll tell you about a change to this agreement at least two months before it takes effect. You can tell us you object to the change before it takes effect, but this will end the agreement. If you do not object to the change, we will take that as your acceptance of the change.

 

4. HOW CAN YOU OR WE END THIS AGREEMENT?

4.1 This agreement will continue until you or we end it.

 

4.2 You can end this agreement at any time free of charge. We ask you to do so by sending an e-mail to support@fusionpay.co.uk 

 

4.3 We can end this agreement at any time, by telling you at least two months before doing so.

 

4.4 We can also end this agreement more quickly if:

  • we reasonably believe you are using our services fraudulently or illegally; or

  • we have to do so by law. We will tell you that we’re doing this as soon as we can if the law allows us to.

 

4.5 If this agreement ends it will not affect any transactions you’ve already asked us to make.

 

5. CONFIDENTIALITY

5.1 The Parties undertake to regard as confidential throughout the duration of this Agreement, and after its expiry, the terms of this Agreement, as well as all information, whether commercial, technical or otherwise, obtained in the context of its performance or during the discussions prior to its conclusion.

 

5.2 Therefore, the Parties more specifically undertake not to communicate any of the confidential information, as previously defined, to third parties other than their staff.

 

6. DATA PROTECTION

6.1 To the extent that the Service Providers processes, on behalf of the Merchant as data controller the personal data of Customers and any prospective customers of the Merchant or any personal data within the Transaction Data or Merchant Information, Service Providers shall:

  • do so only in accordance with this Agreement and on the instructions of the Merchant (except to the extent that it is required to do otherwise by Applicable Laws or the Rules); 

  • have in place appropriate technical and organisational security measures to protect such data against unauthorised or unlawful processing and accidental loss, destruction or damage;

  • be permitted to transfer any such personal data outside the European Economic Area including to a country that is not deemed to provide an adequate level of protection for personal data by the UK Information Commissioner's Office or another regulatory body;

  • assist the Merchant within a reasonable timescale as may be determined by the relevant Service Provider with all subject information requests which may be received from the Customers and any prospective customers of the Merchant. Should a Service Provider receive any such requests directly, the Service Provider will inform the Merchant that it has received the request and forthwith forward the request to Merchant. The Service Providers will not respond in any other way to such a request, except on the instructions of the Merchant; and

  • promptly notify the Merchant of any event involving an actual compromise of the security, confidentiality or integrity of such personal data, including but not limited to any unauthorised access or use or any loss such personal data ("Personal Data Security Breach"). The Service Providers shall also provide the Merchant with a description of the Personal Data Security Breach, and to the extent that it has such information, the type of data that was the subject of the Personal Data Security Breach, the identity of each affected person or class of persons, and the cause of the breach, as soon as such information can be collected or otherwise becomes available.  

 

6.2 The Merchant shall comply with the Data Protection Laws in processing personal data of Customers and any prospective customers of the Merchant in connection with this Agreement and shall indemnify and keep indemnified the Service Providers against each loss, liability and cost arising as a result of a failure to do so.

 

7. INFORMATION ABOUT US

7.1 FusionPay Limited, a private limited company incorporated in England and Wales (Company Registration No. 10501920) whose registered office is 5th Floor, 1 Knightsbridge Green London, England, SW1X 7NE

 

7.2 Fusionpay has developed a technical gateway and is connected to various payment providers, including without limitation WeChat Pay and AliPay;

 

7.3 Please see our Privacy Policy for details about how we use your information.

 

8. ADDITIONAL TERMS

8.1 Authorised persons

We will only accept instructions to carry out a transaction on your behalf from you or an “authorised person” (being any person authorised or nominated by you to give us instructions or access information from us on your behalf). You must supply us with all of the details we require concerning anyone you wish to become an authorised person before they can act on your behalf.

 

You warrant that all authorised persons have the full power, capacity and authority to deal with us in the same way you have the power, capacity and authority to deal with us unless we are notified in writing to the contrary. You must notify us in writing immediately if:

  • any information provided with respect to an authorised person is inaccurate or needs to be amended;

  • any persons are to be added to the authorised persons list;

  • any persons are to be removed from the authorised persons list.

 

You are responsible for the integrity of any and all acts and omissions of all authorised persons. We are not responsible for any loss or harm which you or any other person may suffer or incur as a result of any act or omission of any authorised person. In the event that any authorised person should at any time provide us with instructions which are against your interests or outside the scope of his actual authority, we cannot be responsible unless those instructions also clearly fall outside the scope of the authority of the authorised person (which you have previously informed us of in writing).

 

We may (where permitted by law) require written confirmation from an authorised person of any instruction at any time.

 

8.2 Representations and warranties

You represent and warrant both now and throughout this agreement as follows:

  • that the details provided when signing up for our services are in every respect true and accurate;

  • that in giving us instructions and performing your obligations under this agreement:

  • you have power and authority to do so;

  • you will not breach any law in England and Wales or any other relevant jurisdiction;

  • you are not contracting for the purposes of pure speculation;

  • you consent to our including your full name, address, our reference number and any other details required by law on the payment details to be sent to the recipient’s bank (or equivalent account provider);

  • all of the authorised persons are able to give us instructions on your behalf;

  • you are the legal and beneficial owner of any money you pay us and that these monies are not and shall not become subject to any charge or other security or encumbrance;

  • if any monies are being sent from a third party, that you have, or you will prior to the date the monies are due to be paid to us, explain to us the nature of the relationship between yourself and the third party and that you will provide us with all of the due diligence documentation we require and use reasonable endeavours to procure that the third party will enter into a contract with us (if required);

  • all information supplied to us is true, complete and accurate in all material respects and you will not omit or withhold any information which would render the information so supplied false, incomplete or inaccurate in any material respect;

  • you will inform us as soon as practicable if any of the information provided becomes untrue or needs to be updated; and

  • you contract as principal and not as agent; and

  • you agree to indemnify us for any losses we might suffer for breach of the warranties contained within this agreement.

 

8.3 Limitation and liability

We are entitled to rely on all information supplied by you. You agree to indemnify us for any delays, charges or losses incurred due to errors in information supplied by you.

 

You are responsible for ensuring that any third party who is making a payment to us on your behalf complies with our due diligence requirements and enters into a contract with us (if required) in time for his payment to be deemed valid by us.

 

To the extent permitted by law, we shall:

  • only be liable for direct losses as a result of our negligence, for example, bank fees and interest; and

  • not be liable for any indirect or consequential loss that occurs as a side effect of the main loss or damage, such as loss of profit, loss of opportunity or special damages whether within the contemplation of the parties or not.

 

Nothing in this agreement excludes our liability for fraudulent misrepresentation, death or personal injury or any other liability that cannot be excluded by law caused by our negligence or the negligence of our employees or agents.

 

8.4 Right of set off

On the happening of any event which entitles us to be indemnified and/or compensated by You, we shall be entitled to recover any sum due to Us by way of indemnity, compensation or otherwise by retaining part or all of any money we receive from (or hold for) you. 

 

You shall have no similar right of set-off.

 

8.5 Rights of third parties

This agreement does not intend to confer any benefit on any third party and no third party shall have the right to enforce this agreement under the Contract (Rights of Third Parties) Act 1999 or otherwise.

 

8.6 Intellectual property

Fusionpay and their Affiliate or licensors own all right, title and interest, including all Intellectual Property Rights. Intellectual property rights means rights such as: copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). We reserve all of our rights in any intellectual property in connection with this agreement. This means, for example, that we remain owners of them and free to use them as we see fit.

 

8.7 More than one person

If you are comprised of two or more legal persons then a reference to a right or obligation of yours under this agreement confers that right or imposes that obligation, as the case may be, jointly and severally on those persons.