Last update: December 1st, 2014
1.1. Client must not perform under any circumstances any of the following activities (hereinafter 'Restricted Activities') by using the Service:
(i) Infringe any party's copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy or use the Service to offer counterfeit content, goods or services; and
(ii) Act in a manner that is defamatory, trade libelous, unlawfully threatening or unlawfully harassing or offer directly or indirectly content or goods or services, which are not acceptable to iPay or Regulators, such as child pornography, bestiality, tobacco (applies to e-commerce), pharm sales (applies to e-commerce), illegal gambling, rape, hate, violence, or 3rd party processing and other similar non-acceptable to iPay or Regulators; and
(iii) Provide false, inaccurate or misleading information; and
(iv) Send or receive what iPay reasonably believes to be potentially fraudulent funds; and
(v) Refuse to cooperate in an investigation or provide confirmation of Client identity or beneficial ownership; and
(vi) Conduct its business or use the Service in a manner that results in or may result in complaints, disputes, return requests, chargebacks, fees, fines, penalties and other liability of iPay or Branches, Agents or Sub-contractors of iPay; and
(vii) Has a credit score from a credit reporting agency that indicates a high level of risk associated with Client use of the Service; and
(viii) Use the Services in a manner that iPay or its Agent or sub-contractor, or any of the Card Organizations, reasonably believe to be an abuse of the card system or a violation of the Regulations; and
(ix) Provide Clients a cash advance from Clients cards (or help others to do so); and
(x) Store, disclose or transfer any Payer data, processed through the Service or in other ways, in a way which is not in compliance with the Regulations or to a third party, or use such information for any purposes other than those permitted under this Agreement and the Regulations; and
(xi) Facilitate any viruses or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information
(xii) Use any automatic device, or manual process to monitor, copy, tamper, 'hack', modify or otherwise corrupt the security or functionality of the Service, systems or websites; and
(xiii) Act or omit to act in a way that may cause loss for iPay or any other third party;
(xiv) Any other activity forbidden by the Client Acceptance Policy or the Regulations.
2.1. Client must not copy, store, transfer, sell, purchase, provide, exchange or in any manner disclose Payer's payment instruments personalized security characteristcts, such as usernames or password for use of wallets or cardholder data such as PAN, PIN, CVV, CVC or other of payments cards or similar, provided by iPay or by Issuers of cards or by Payer), referred to as "security characteristics of buyers' payment instruments", to anyone other than iPay, or in response to a valid regulatory body demand. Client is deemed to be responsible for the conduct of its employees, agents, sub-contractors and representatives. In case of unauthorized or unlawful storing, access and processing of security characteristics of buyers' payment instruments, Client shall immediately inform iPay in writing, stating the compromised security characteristics of buyers' payment instruments.
2.2. Each party shall, at all times, comply with its respective obligations under all applicable data protection legislation in relation to all personal data that is processed by it in the course of performing its obligations under this Agreement. Client shall bring into effect and maintain all technical and organizational measures to prevent unauthorized or unlawful processing of personal data and accidental loss or damage of personal data, including taking reasonable steps to ensure the reliability of employees having access to the personal data.
2.3. Client must keep and store in a secure way all information regarding transactions on Client website, and parties to those transactions, including shipping documents and receipts of delivery of goods or services. When requested to do so by iPay, Client must provide to iPay, within 72 hours, all information available to it regarding transactions, and parties to those transactions, including but not limited to: orders, shipping documents and receipts of delivery, and other documents as needed by iPay for the purposes of claims, chargebacks, reversals, refunds or prevention or deterrence of crime, and to meet its regulatory obligations and risk management objectives. The Client should keep any such requests and any further action taken by iPay in respect of those requests, confidential. iPay may, where it considers appropriate pass on any information received from the Client to the relevant regulatory bodies.
2.4. A Client must not submit to iPay a transaction that the Client knows or should have known to be fraudulent or not authorized by the Payer, or that it knows or should have known to be authorized by a Payer colluding with the Client for a fraudulent purpose. iPay is entitled upon its sole discretion and at any time, without prior notice to Client and for security or regulatory purposes to impose various limits unilaterally on the amount of authorized transactions or redemption of e-money or other tranactions, such as single, daily, weekly, monthly or other limits. If it is not against the regulations iPay shall inform Client about such limits in Client online account or via e-mail within reasonable time. Where iPay reasonably suspects that the Client has a substantial percentage of fraudulent transactions, Client shall respond to any fraud related questions submitted by phone or email within 24 hours and propose reasonable measures to reduce the fraud.
2.5. Client must implement such security and other measures as requested by iPay, sub-contractors of iPay or Regulators, within reasonable period of time and without delay. Further rules on requirements for Client websites and other Client obligations, related to the use of Service are contained in Client Acceptance Policy. Client understands and agrees that new rules, regulations and requirements related to the Service can be imposed by Regulators, including Card Organizations, and therefore iPay shall be entitled to unilaterally update the Client Acceptance Policy in case of such changes, for which the Client shall be informed within reasonable period of time.
2.6. Client warrants that Client is the rightful and beneficial owner/user of all websites and associated domain names, as well as of the client business activity and entity approved by iPay, in relation to which the Services under this Agreement are provided. Client warrants that Client is not acting on behalf of a third party. In case of change of this Client must immediately notify iPay in writing via e-mail. Client is not entitled in any way to lease or provide in other way the mobile POS for use by third parties, without the explicit written agreement of iPay.
2.7. Client shall be obliged to use the mobile POS in good faith and with the care of professional and only for executing of valid transactions for payment with cards with the logo of Card Organizations, in compliance with the instructions of iPay on activation and use of the mobile POS. Client is liable for all damages to the mobile POS as a result of actions of Client, his employees or sub-contractors or third parties, including but not limited, willful actions, negligent actions, wrong use, steel, theft, lost mobile POS and similar or damages caused by force major events. In case of manufacturing defects in th mobile POS device or other defects, for which the manufacturer of the mobile POS or iPay is liable, client must immediately, and not later than 30 days after registration for the Service, notify iPay via e-mail and follow the Return Policy, inseparable part of this Agreement, available on the website for the Service.
3.1. Honor all cards, i.e. Client must accept all Cards of Card Organizations, display the logos of all Card Organizations without discrimination for all of the goods and services, offered by Client, including but not limited to: MasterCard, Visa, Maestro, Visa Electron, V PAY, Visa Debit and Debit MasterCard; and
3.2. If Client has been authorized to undertake any specific type of transaction, Client is automatically authorized to provide refunds of such transactions. Client must only refund transactions to the card used for the original transaction. Client shall not make any cash refund to the cardholder for return of any merchandise or services previously purchased with his/her card. In such case, the refund shall be made solely by crediting the cardholder's card. Refund transactions can only be made as credit transactions, under the respective terms and conditions of the Card Organizations for such types of transactions; and
3.3. Client must not undertake transactions for anything other than the described offers and activity of Client and genuine purchase of goods and services, which Client offers; and
3.4. Client floor limit is zero and all transactions must be authorized by Issuer and the respective Card Organization in compliance with its rules. Authorization can only confirm the lack of negative credit status of a Card and that the Card has not been reported as lost or stolen at the time of the transaction. Obtaining an authorization does not guarantee payment. If an authorization is not granted, Client must not continue to process the transaction; and
3.5. Chargeback ratio: Client has to maintain a chargeback ratio of 1% of Client sales and 100 chargebacks presented in total per month for MasterCard Cards and 2% of Client sales and 200 chargebacks presented in total per month for VISA Cards. Client acknowledges that IPAY and/or sub-contractor of IPAY is also monitoring the allowed chargeback ratio and can at any moment cease the Service without prior notice to Client in case Client is in breach of chargeback ratio.
3.6. Fraud management:
3.6.1. Client must not exceed for interregional Visa transactions 20 000 USD or equivalence in other currency of reported fraud and 20 fraud transactions and/or 2,0% fraud-to-sale ratio on a monthly basis.
3.6.2. Client must not exceed for regional VISA transaction 10 000 USD or equivalence in other currencies fraud amount, 10 fraud transactions and/or 7% fraud-to-sale ratio on a monthly basis.
3.6.3. Client must not exceed for MasterCard transaction 4 000 USD or equivalence in other currency fraudulent transactions, 4 fraud transaction and/or 8% fraud-to-sale ratio on a monthly basis.
4.1. Client shall require approval from IPAY before offering recurring payments with payment cards in connection with Client offers. If Client has not received IPAY's prior approval, IPAY may reject the payment transaction. If in IPAY's reasonable opinion Client misuses recurring payments, IPAY may decline authorization or suspend the Service and Client's ability to offer recurring payments.
4.2. It shall be the Client's responsibility to communicate the basis and terms of the recurring payment to the buyer (cardholder) in a fair, clear and transparent manner. Client must provide the buyer with advance notice of each instance of a recurring payment at least 5 days before it is due or if for any reason this is not practicable, must provide the buyer with as much advance notice as possible.
4.3. Client must provide the buyer with the ability to cancel a recurring payment at any time. Client declares he is aware that in recurring payments the cardholder may instruct the Issuer to discontinue the recurring payments to Client, in which case Issuer and IPAY are obliged to discontinue the recurring payments, for which IPAY shall not be liable.
4.4. Where Client agrees with the buyer to receive recurring payments, IPAY shall facilitate the transaction between the Client and the buyer, but IPAY shall be under no obligation to enforce any contractual obligations for payment by the buyer to the Client or for delivery of the Client's goods or services to the buyer. IPAY makes no representation and gives no undertaking or warranty that recurring payments will be made by the buyer. IPAY shall be under no responsibility to enforce the recurring payment arrangement against the buyer.
5.1. Client is responsible to secure that all lawful gambling transactions, submitted by Client for processing comply with the specific additional requirements, connected to such transactions, including without limitations:
(i) Client has a valid license or other appropriate authority, or has dully granted license or power to registered agents or shops to operate Client website or offers under all applicable laws of the country or countries, where Client offers its goods and services; and
(ii) Client identifies the state or foreign country where the cardholder initiating the transaction is physically located at the time of the transaction; and
(iii) Client records the response and retain it, along with the cardholder's account number, the transaction amount, and the date; and
(iv) Client retains this information for a minimum of one year from the transaction date and provide it to IPAY or sub-contractor of IPAY upon request; and
(v) Client posts a notice on Client websites in a position such that the notice will be displayed before requesting an account number (such as a click-through notice) stating that assertions have been made that Internet gambling may not be lawful in some jurisdictions, including the United States, and suggesting that the cardholder check whether Internet gambling is lawful under applicable law; and
(vi) Client provides on Client website at least the following information: a statement of the cardholder's responsibility to know the laws concerning online gambling in his or her country of domicile; a statement prohibiting the participation of minors; the Rules of play; the Cancellation policies; the Pay-out policies; a statement recommending that the cardholder retains a copy of Payment Records and Client policies and rules; and
(vii) Client restrain from selling chips or other value that can be used, directly or indirectly, to gamble at locations other than Client website; and
(viii) Client disburses winnings as 'Gaming Payment Transaction' or 'Original Credit Transaction' and not in the form of cash, cheque or other payment method, whereas the transaction is processed to the same Account Number that was used in the Gambling Transaction which placed the winning wager. Refunds for MasterCard Cards are not allowed; and
(ix) Client ensures that a Gambling Transaction representing the winning wager has been lawfully made and properly identified; and
(x) Client does not exceed 25 refunds in total per month and refunds for more than 5% of Client sales volume for VISA Cards.