DusuPay Merchant Services Agreement
Merchant Services Agreement
Between Dusupay Ltd
10 Albury Court,
Phipps Bridge Road Mitcham Town(Surrey)
THIS AGREEMENT IS A CONTRACT BETWEEN YOU AND DUSUPAY AND APPLIES TO YOUR USE OF THE SERVICES. THE TERMS OF THE ACCEPTABLE USE POLICY, AND MERCHANT GIFT VOUCHERS POLICY LOCATED ON THE “LEGAL AGREEMENTS” LANDING PAGE ARE INCORPORATED BY REFERENCE INTO THIS AGREEMENT AND PROVIDE ADDITIONAL TERMS AND CONDITIONS RELATED TO THE SERVICES. THE ABOVE MENTIONED DOCUMENTS ARE “ANCILLARY DOCUMENTS” FOR THE PURPOSE OF THIS AGREEMENT. FOR THE AVOIDANCE OF DOUBT, NEITHER THE ANCILLARY DOCUMENTS NOR THE PARTS OF THIS AGREEMENT THAT INCORPORATE THE TERMS OF THE ANCILLARY DOCUMENTS CONSTITUTE “FRAMEWORK CONTRACTS” FOR THE PURPOSE OF THE EU PAYMENT SERVICES DIRECTIVE (2007/64/EC ) OR ANY IMPLEMENTATION OF THAT DIRECTIVE IN THE EU OR EEA (INCLUDING, WITHOUT LIMITATION, THE UK PAYMENT SERVICES REGULATIONS 2009).
ALL FUTURE CHANGES SET OUT IN THE POLICY UPDATE ALREADY PUBLISHED ON THE “LEGAL AGREEMENTS” LANDING PAGE OF THE DUSUPAY WEBSITE AT THE TIME YOU REGISTER FOR THE SERVICES ARE INCORPORATED BY REFERENCE INTO THIS AGREEMENT AND WILL TAKE EFFECT AS SPECIFIED IN THAT POLICY UPDATE.
This Agreement, together with other legal terms and legally required disclosures relating to your use of the DusuPay Service will be provided to you, at all times on the DusuPay website(s) (typically located on the “Legal Agreements” landing page). This information may also be sent to you or appear in places on the DusuPay website(s) or otherwise where relevant to your use of the Services.
By registering for the Services, you must read, agree with and accept all of the terms and conditions contained in this Agreement (including the Policy updates, policies and reward terms referred to above). This Agreement is provided to you and concluded in English. You agree that any use by you of the Services shall constitute your acceptance of the Agreement and we recommend that you store or print-off a copy of the Agreement (including all policies) for your records.
DusuPay may require you to have a DusuPay Account to use the Services (including, without limitation, to send or receive payments or to use DusuPay as a means of logging into third party services).
1. Our Relationship With You
1.1 DusuPay is only a Payment Service Provider.
DusuPay is the trading name of DusuPay Limited, a group of companies incorporated in the laws of England and Wales (for EU operations), Uganda(for African Business correspondence). The company is predominantly a Payment service provider providing an E-Wallet Payment Service and the Gateway Service
1.3 Intellectual Property. The URLs representing the DusuPay website(s), “DusuPay,” and all related logos of our products and services described in our website(s) are either copyrighted by DusuPay, trademarks or registered trademarks. In addition, all page headers, custom graphics, button icons, and scripts are either copyrighted by DusuPay, service marks, trademarks, and/or trade dress of DusuPay. You may not copy, imitate, modify, alter, amend or use them without our prior written consent. You, as a merchant, may use HTML logos provided by DusuPay through our merchant services, auction tools features or affiliate programmes without prior written consent for the sole purpose of identifying yourself on your website as a merchant who accepts payments through the Service and directing web traffic from that website to the Service, but we may limit or revoke this permission at any time and for any reason in our sole discretion. You may not alter, modify or change these HTML logos in any way, use them in a manner that is disparaging to DusuPay or the Service or display them in any manner that implies DusuPay’s sponsorship or endorsement. All right, title and interest in and to the DusuPay website and any content thereon is the exclusive property of DusuPay and its licensors.
When providing us with content or posting content (in each case for publication, whether on- or off-line) using the Services, you grant the DusuPay Group a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all copyright, publicity, trademarks, database rights and intellectual property rights you have in the content, in any media known now or in the future. Further, to the fullest extent permitted under applicable law, you waive your moral rights and promise not to assert such rights against the DusuPay Group, its sublicensees or assignees. You represent and warrant that none of the following infringe any intellectual property right: your provision of content to us, your posting of content using the Services, and the DusuPay Group’s use of such content (including of works derived from it) in connection with the Services.
2. YOUR DUSUPAY ACCOUNT
2.1. Your DusuPay Account is an electronic money account which enables you to send and receive electronic payments.
2.2. Your DusuPay Account is denominated in a currency of your choice, as selected by you from the available currencies. You can change the currency of your DusuPay Account once you have attempted to process a payment.
2.3. The electronic money held on your DusuPay Account does not expire but it will not earn any interest.
2.4. You have the right to withdraw funds from your DusuPay Account at any time. However, you may be required to confirm your identity beforehand. There is no minimum withdrawal amount but the funds on your DusuPay Account must be sufficient to cover any applicable withdrawal fee. You can choose the method of withdrawal when submitting your withdrawal request.
2.6. The electronic money on a DusuPay Account belongs to the person or legal entity which is registered as the DusuPay Account holder. No person other than the DusuPay Account holder has any rights in relation to the funds held in a DusuPay Account, except in cases of succession. You may not assign or transfer your DusuPay Account to a third party or otherwise grant any third party a legal or equitable interest over it.
2.7. Your DusuPay Account may be subject to upload, payment and withdrawal limits, depending on your country of residence, the verification status of your DusuPay Account and other factors used by us to determine such limits from time to time at our sole discretion.
3. OPENING YOUR DUSUPAY ACCOUNT
3.2. If you are an individual, you must be 18 years or older to use our services and by opening a DusuPay Account you declare that you are 18 years or older. This does not apply to products for which we set a different age limit. We may require at any time that you provide evidence of your age.
3.3. You may only open one DusuPay Account unless we explicitly approve the opening of additional accounts.
3.4. You may only open a DusuPay Account if it is legal to do so in your country of residence. By opening a DusuPay Account you represent and warrant to us that your opening of a DusuPay Account does not violate any laws or regulations applicable to you. You shall indemnify us against any losses we incur in connection with your breach of this section.
3.5. All information you provide during the signup process or any time thereafter must be accurate and truthful.
3.6. You may only add payment instruments (such as bank accounts, credit cards or debit cards) unless when using Mobile wallets or POS to your DusuPay Account if you are the named holder of that payment instrument. We take any violation of this requirement very seriously and will treat any attempt to add a payment instrument of which you are not the named holder as a fraudulent act.
3.7. Within 14 days of the date of opening your DusuPay Account, you may close your DusuPay Account at no cost by contacting Customer Service, however, if you have uploaded funds into your DusuPay Account, you may be required to provide identification documents before being able to withdraw funds. Transactions and fees for transactions undertaken before you close your DusuPay Account (including those transactions that are not revocable and have been initiated but not completed before closure of your DusuPay Account) will not be refunded.
4. MAINTAINING YOUR DUSUPAY ACCOUNT
4.1. You must ensure that the information recorded on your Dusupay Account is always accurate and up to date and we shall not be liable for any loss arising out of your failure to do so. We may ask you at any time to confirm the accuracy of your information or to provide documents or other evidence.
4.2. We may contact you by e-mail or in other ways described in section 19 with information or notices regarding your Dusupay Account. It is your responsibility to regularly check the proper functioning of your e-mail account or other methods of communication that you have registered with your DusuPay Account and to retrieve and read messages relating to your DusuPay Account promptly. We shall not be liable for any loss arising out of your failure to do so.
4.3. Fund uploads, payments received, payments sent and fund withdrawals are displayed in your together with the fees charged are displayed on your dashboard. Each transaction is given a unique transaction ID and shown in the transaction history. You should quote this transaction ID when communicating with us about a particular transaction. You should check your DusuPay Account balance and transaction history regularly. You should report any irregularities or clarify any questions you have as soon as possible by contacting Customer Service.
5. KEEPING YOUR DUSUPAY ACCOUNT SAFE
5.1. You must take all reasonable steps to keep your DusuPay Account password safe at all times and never disclose it to anyone. Our personnel will never ask you to provide your password to us or to a third party. Any message you receive or website you visit that asks for your password, other than the DusuPay Website or a DusuPay payment gateway on a merchant website, should be reported to us. If you are in doubt whether a website is genuine, you should contact Customer Service. It is advisable to change your password regularly (at least every three (3) to six (6) months) in order to reduce the risk of a security breach in relation to your DusuPay Account. We also advise you not to choose a password that is easily guessed from information someone might know or gather about you or a password that has a meaning. You must never allow anyone to access your DusuPay Account or watch you accessing your Dusupay Account.
5.2. If you have any indication or suspicion of your Dusupay Account, login details, password or other security feature being lost, stolen, misappropriated, used without authorisation or otherwise compromised, you are advised to change your password. You must contact Customer Service without undue delay on becoming aware of any loss, theft, misappropriation or unauthorised use of your DusuPay Account, login details, password or other security features. Any undue delay in notifying us may not only affect the security of your Dusupay Account but may result in you being liable for any losses as a result. If you suspect that your Dusupay Account was accessed by someone else, you should also contact the police and report the incident.
5.3. We may suspend your DusuPay Account or otherwise restrict its functionality on reasonable grounds relating to the security of the DusuPay Account or any of its security features or if we reasonably suspect that an unauthorised or fraudulent use of your DusuPay Account has occurred or that any of its security features have been compromised. We will notify you of any suspension or restriction and of the reasons for such suspension or restriction in advance or, where we are unable to do so, immediately after the suspension or restriction has been imposed, unless notifying you would be unlawful or compromise our reasonable security interests. We will lift the suspension and/or the restriction as soon as practicable after the reasons for the suspension and/or restriction have ceased to exist.
5.4. You must take all reasonable care to ensure that your e-mail account(s) are secure and only accessed by you, as your e-mail address may be used to reset passwords or to communicate with you about the security of your DusuPay Account. In case any of the e-mail addresses registered with your dusuPay Accounts are compromised, you should without undue delay after becoming aware of this contact Customer Service and also contact your e-mail service provider.
5.5. Irrespective of whether you are using a public, a shared or your own computer to access your Dusupay Account, you must always ensure that your login details are not stored by the browser or cached or otherwise recorded. You should never use any functionality that allows login details or passwords to be stored by the computer you are using. 6.6. Additional products or services you use may have additional security requirements and you must familiarise yourself with those as notified to you.
6. UPLOADING FUNDS
6.1. You can upload funds by visiting the Website, logging into your DusuPay Account and following the relevant upload instructions. You may be presented with a number of different upload methods, depending on which payment instruments you have added to your DusuPay Account and which payment methods are available in your country of residence. Upload methods are payment services provided by third party financial institutions (for example, the issuer of the payment card you use to upload funds or third party direct banking service providers) and are not part of our service. We do not guarantee the use of any particular upload method made available, and may make changes to or discontinue the acceptance of any particular upload method at any time without following the procedure set out in section 18. Notwithstanding section 8.7 below, we shall not be responsible for the upload payment until the uploaded funds are received by us.
6.2. You may be asked to answer security questions or to complete other activities that we may reasonably require to ensure proper authorisation of an upload transaction.
6.4. You may allow a merchant that you wish to pay through us on a regular basis (e.g. for a subscription service) to debit your DusuPay Account for each recurring payment. In this case you authorise us to debit the payment instrument (e.g. your credit card or bank account) which you used to make the original payment also for each subsequent payment. In order to cancel recurring payments for the future, you should (a) contact us and (b) notify the merchant from which you have purchased the goods or services that you have cancelled the recurring payment. You should not cancel or otherwise reverse such recurring transactions by simply contacting the issuer of the payment instrument (e.g. your credit card provider or bank) without following the cancellation steps mentioned in this section 6.4. Subject to section 6.5, we will not be liable for any recurring payment(s) that are made before you have notified us of the cancellation and if your DusuPay Account balance goes into negative as a result of such payment(s), you will be liable to repay such amount to us.
6.5. We will refund any past recurring payment(s) initiated by or through the merchant provided that (a) the original authorisation given to us or the merchant did not specify the exact amount of the payment and (b) the amount of the payment exceeded the amount that you could reasonably have expected taking into account your previous spending pattern and the circumstances of the case. You must request such a refund within eight weeks from the date the funds were debited from your DusuPay Account. You agree to provide us with such information as is reasonably necessary to ascertain whether the conditions for a refund described in this section 6.5 are satisfied. Within ten (10) Business Days of receiving a request for a refund or, where applicable, of receiving any further information we requested from you, we will either refund the full amount of the payment or provide you with justification for refusing to refund the payment indicating that you have a right to refer the matter to the Financial Ombudsman Service (details in section 22) if you do not accept the justification provided. 6.5(A).
6.7. Uploaded funds will be credited to your DusuPay Account after the funds have been received by us. Some upload transactions, such as those by credit or debit card, direct debit or direct banking will be credited to your DusuPay Account immediately, but are subject to reversal in case the actual funds do not reach us within a reasonable time in which case we will deduct such reversed transaction from the balance of your DusuPay Account. If your DusuPay Account balance is insufficient, we reserve the right to require repayment from you.
6.8. For the purposes of an upload transaction through a payment instrument, we are a payment recipient and not a payment service provider.
6.9. You must not make an upload through a payment instrument if you are not the named holder of that payment instrument. We take any violation of this requirement very seriously and will treat any attempt to use a payment instrument of which you are not the named holder as a fraudulent act. Without prejudice to claiming further damages, if we are required to return funds uploaded from a payment instrument that is not in your name, we may charge an administration fee of 10 EUR per upload return.
6.10. Uploads may be subject to upload limits due to security and legal requirements. These limits are set dynamically depending on your verification status and the upload method you want to use. You should be aware that depending on your verification status your upload limits may be higher than your withdrawal or spending limits. You can view these limits at any time in the relevant section of your DusuPay Account profile.
6.11. Uploads are subject to upload fees and currency conversion fees depending on which upload method and payment instrument is chosen.
7. SENDING PAYMENTS
7.1. To send a payment you are required to authorise the payment with your login details and password. We may also ask you additional security questions relating to you or your DusuPay Account. If your DusuPay Account is protected by additional security measures such as password tokens, you need to follow the instructions provided to you with such additional security measures. If your DusuPay Account is enabled to make mass payments, the procedure to make such payments will be communicated to you in the relevant integration manual.
7.2. Every recipient of a payment you wish to send through us must have a valid means that we can use for their identification. For most of our services that means of identification will be a valid e-mail address but other means of identification may be required for our other services (for example for the DusuPay send cash services, we may require you to provide us with the recipient's mobile telephone number).
7.3. If you are asked to provide details of the recipient’s e-mail address or other means of identification, where applicable, you must take great care to properly type the exact details of who you wish to send money to. We use those details as the unique identifier to determine the intended recipient of the payment which you instruct us to process. Other information you provide along with the recipient’s means of identification may be disregarded and we shall not be liable for any error you make when entering the recipient’s means of identification.
7.4. If the e-mail address or number of the intended recipient is registered with us, the funds will be instantly credited to the DusuPay Account associated with that e-mail address, unless you use the DusuPay Escrow Service. Once funds are credited to the recipient’s DusuPay Account, the transaction becomes irreversible.
7.5. If the recipient’s e-mail address or Mobile is not registered with us, we will send a notification e-mail to that e-mail address with instructions on how to claim and receive the payment. If the recipient does not claim the payment within 14 days, the transaction will be cancelled and the funds will be returned to you. You may also cancel the transaction at any time before the funds have been credited to the recipient’s DusuPay Account. To cancel a transaction you should log into your DusuPay Account, locate the relevant transaction in your transactions history and select “Cancel”.
7.6. You can make recurring payments by setting up a recurring payment order on your DusuPay Account. You can cancel your recurring payment order for future payments at any point by logging into your DusuPay Account and deleting it. You will not be able to cancel transactions that have already been credited to the recipient. Automatic money transfers on a regular or recurring basis are not provided as part of the DusuPay send cash service where the recipient does not have a DusuPay Account and therefore this section 9.6 shall not apply to that service.
7.7. Payments are subject to payment limits due to security and legal requirements. These limits are set dynamically depending on your verification status. You can view these limits at any time in your DusuPay Account profile. You should ensure that your limits are sufficient to cover the payment you intend to make as well as any applicable fees including service fees and currency conversion fees. You should be aware that the recipient of a payment may also be subject to spending and withdrawal limits and that this may affect the recipient’s access to the funds you intend to send.
7.8. Sending payments is subject to fees and currency conversion fees depending on the type of payment you make and the type of DusuPay Account you hold.