Account means the account created and/or authorized for a Customer based on the Agreement in order to put into practice the Services;
Account Holder – any person who is authorized to use a Payment Method issued to him;
Affiliate(s) mean(s) any person or entity which, directly or indirectly, controls, is controlled by, or is under mutual control with such entity;
Agreement means an order form or any agreement concluded between YourEasyPayments and the Customer based on which YourEasyPayments shall provide Services to Customer; by concluding the Agreement, YourEasyPayments and the Customer agree to be bound by these Terms and Conditions;
Application means internet application which enables automation of marketing and sales processes for Customers, including but not limited to accumulating and managing of data related to sales and marketing and their complex analytics via the Service;
Cardholder is the person or entity to whom a Card is issued or who is otherwise authorized to use a bank card;
Confidential Information means technical and non-technical information including patents, copyright, trade secrets, proprietary information, techniques, sketches, models, inventions, know-how, processes, equipment, algorithms, software, source documents, and formulas related to the existent, future and upcoming products and services, research, empirical work, development, design details and specifications, engineering, and information marked “confidential” or “proprietary”;
Customer, You means entrepreneur who uses the Application;
Customer Data means the data of the clients of the Customer (and, where relevant, the respective Customer’s data) to be provided by the Customer to YourEasyPayments for the purpose of the provision of the Services;
Party(-ies) refers to YourEasyPayments and the Customer;
Service(s) – means subscription Services, on-demand Services and any other service(s) provided based on any and all software products developed as a result of the activities of YourEasyPayments and as published and provided by YourEasyPayments;
Transaction – an authorization request of an Account Holder for a payment from the Account Holder to the merchant submitted by merchant to YourEasyPayments;
Transaction Data is the written or electronic record of a Transaction, including but not limited to an authorization code or settlement record.
INTELLECTUAL PROPERTY RIGHTS AND USE OF INFORMATION
YourEasyPayments, and its suppliers and/or licensors if applicable, shall own all rights in any and all intellectual property rights to any deliverables created by YourEasyPayments, including but not limited to all patent rights, trademark rights, copyright, trade secrets and any other intellectual property rights, in and to the Services. The Customer agrees that only YourEasyPayments or its Affiliates shall have the right to enhance or otherwise modify the Services. If the Customer provides YourEasyPayments with any reports of defects and/or suggests modifications, YourEasyPayments shall have the right to use such report, including incorporating such report into its Services or other software products, without any obligation to the Customer. Unless specifically agreed otherwise in writing, YourEasyPayments retains all rights and grants the Customer no licences of any kind, whether by implication or otherwise. YourEasyPayments shall own and reserve all right, title and interest in and to (a) the Services and all improvements, enhancements or modifications thereto; (b) any software, applications, inventions or other technology developed in connection with implementation of the Services or support by YourEasyPayments; and (c) information derived from aggregated and anonymized data, and (d) all intellectual property rights related to any of the foregoing.
Artificial intelligence services. YourEasyPayments shall have the right to aggregate and analyse data and other information relating to the provision, utilization and performance of various aspects of the Services and related systems and technologies (i.e. anonymized aggregate information derived from Customer Data), and YourEasyPayments will be free (during and after the term hereof) to (a) use such information and data to improve and enhance the Services and all capabilities of artificial intelligence that will increase the performance and effectiveness of the Customers’ user experience or for other development, diagnostic and corrective purposes in connection with the Services and other YourEasyPayments’ offerings (or offering of its Affiliates), and (b) make such data available in the aggregated and anonymized form, i.e. via anonymized industry standard trends.
No content, information, and material contained in this website are provided “as is”, and “as available” without warranty of any kind. YourEasyPayments does not warrant the accuracy, adequacy or completeness of this content, information, and material. YourEasyPayments expressly disclaims all express, implied or statutory conditions, representations, and warranties of any kind, including but not limited to the warranties of merchantability, fitness for a particular purpose, and non-infringement.
YourEasyPayments makes no warranty regarding the quality, accuracy, timeliness, completeness or reliability of the information or material available on this website. YourEasyPayments shall have no responsibility for any errors or omissions in the content on this website.
LIMITATION OF LIABILITY
UNLESS EXPLICITLY STIPULATED OTHERWISE IN THE AGREEMENT, NEITHER YOUREASYPAYMENTS, NOR ITS AFFILIATES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, INDIRECT COSTS OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, LITIGATION COSTS, LOSS OF DATA OR GOODWILL OR PRODUCTION, OR BUSINESS OPPORTUNITIES, OR REPUTATION, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THIS GENERAL TERMS AND CONDITIONS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT YOUREASYPAYMENTS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. IF YOU ARE DISSATISFIED WITH ANY PART OF OUR WEBSITE, OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE SOLUTION IS TO DISCONTINUE THE USE OF THIS WEBSITE.
4.1. Force majeure. Neither Party will violate the Agreement or be responsible for damages if the failure to perform the obligation is due to an event beyond its control, including without limitation to, failure of power grid, failure of the Internet, natural disaster, weather event, war, riot, epidemic, strikes, floods, acts of terror, a third party breach, failures, delays by an internet service provider or hosting provider, or labor action, terrorism, denial of service attacks or other events beyond such party’s reasonable control.
4.2. Relief Events. Where YourEasyPayments provision of any Service, or performance of any obligation set out herein, is prevented as a direct or indirect result of any act or omission by the Customer (a “Relief Event”) then YourEasyPayments shall be granted an extension to all affected deadlines equal to the length of delay caused by the relevant Relief Event.
4.3. Information duty. The Customer shall without any undue delay inform YourEasyPayments about the occurrence of any event that may affect the due fulfilment of the obligation set out herein and shall undertake its best endeavours to cooperate with YourEasyPayments to overcome such events.
You represent and warrant that:
5.1.1. if You are a corporate entity, you are validly incorporated and lawfully exist under the laws of the jurisdiction of incorporation or any country or territory in which you conduct business;
5.1.2. your execution of and performance under this Agreement in no way breaches, contravenes, violates or in any manner conflicts with any legal obligation including, without limitation, documents or any agreements between you and any third party or any affiliated entity;
5.1.3. you have obtained and will maintain all necessary consents, authorizations, permissions and other facilitating acts in order to lawfully perform your obligations under this Agreement;
5.1.4. you may lawfully conduct your business in any country or territory into which you sell, provide, deliver, promote or market your goods or services that you have obtained all necessary authorizations, clearances, licenses or consents to do so;
5.1.5. all information provided by you to us in connection with your Application and this Agreement is and remains complete and accurate;
5.1.6. You do not offer and do not intend to offer any prohibited goods or services and you perform your obligations under this Agreement at all times in compliance with applicable laws;
In connection to every Transaction you submit to us, you warrant that:
5.2.1. the Transaction represents a genuine payment or payment refund for the sale or provision of goods or services which You (seller) provide in the ordinary course of your business;
5.2.2. the Transaction Data is free from any material alterations not authorized by the Cardholder;
5.2.3. you are not aware of any facts that would reasonably give rise to the suspicion that the Transaction or underlying purchase has been made fraudulently or otherwise in an illegal manner;
5.2.4. any Transaction representing a refund is a refund for a Transaction originally processed through us;
5.2.5. you do not submit the Transaction on behalf of other third party.
SUSPENTION OF SERVICES
We may at any time suspend the provision of services to you if any circumstances occur or are likely to occur that would give us the right to terminate or otherwise end this Agreement, or if you have a negative Payment Account Balance on any of your Payment Accounts.
Any suspension of the service shall be notified to you in advance or, if this is not reasonably possible, as soon as possible after suspending the service.
If we suspend services to you, you shall be obliged to continue to pay any recurring fees, minimum fees and other fees that are charged on a continuing basis.
TERMINATION OF SERVICES
You can terminate the Agreement by deleting your Account.
YourEasyPayments may terminate the Agreement or suspend your use of the Application if:
You breach the provisions of this Agreement (i.e. You infringe YourEasyPayments intellectual property rights, You are late with your payment);
Your actions are in breach with the legislation or principles of good conduct;
Your actions are discrediting to YourEasyPayments reputation.
YourEasyPayments may from time to time issue new version of the Terms and Conditions. Changes may be made by mutual agreement between the Parties or by notice from us to You on e-mail address identified within the registration process or in the Agreement.
If the Customer does not agree with the new version of the Terms and Conditions, the Customer shall notify YourEasyPayments within thirty (30) days of being notified by YourEasyPayments about the new version of the Terms and Conditions, that it does not wish to be bound by the new version of the Terms and Conditions.
If no objection notice received by us within the stipulated time frame, you are deemed to have accepted the change.
You have the right to terminate this Agreement with immediate effect at any time before the change becomes effective.