Terms and Conditions of Use

KPpay Platform

Effective Date: October 2024
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Important: By using our Services, you agree to these Terms in their entirety, as well as our Privacy Policy.

Introduction

These Terms and Conditions of Use ("Terms") constitute a legal agreement between you ("User") and KPpay, a subsidiary of K-POLYGONE, governing your use of our payment platform, associated services, mobile application, and card readers ("Services"). By using our Services, you agree to these Terms in their entirety, as well as our Privacy Policy.

This agreement is divided into three parts:

  1. Part One: General terms governing your use of the Services.
  2. Part Two: Specific terms relating to payment processing.
  3. Part Three: Additional legal provisions determining the relationship between you and KPpay.

PART ONE – THE SERVICES

Article 1General Provisions

1.1. Purpose of the Services

KPpay allows you to accept payment card transactions ("Transactions") from your customers ("Cardholders") using a compatible device, our mobile application ("Program"), and, if applicable, a card reader provided by KPpay ("Card Reader").

1.2. Use of Card Readers

You can process Transactions using a Card Reader provided by KPpay or by manually entering payment card data. The Card Reader is used to authorize and process Transactions between the Cardholder's card and our secure servers.

1.3. Funds Settlement

Funds resulting from your Transactions are credited to a dedicated account with KPpay. After deducting applicable fees ("Fees"), we transfer the due amounts to your registered bank account ("Payout"). Current Fees and pricing plans ("Plans") are available on our website https://kppay.co.

1.4. Service Availability

KPpay commits to providing Services continuously, 24/7. However, we may temporarily suspend Services for maintenance, legal compliance, or in cases of suspected fraud, money laundering, or terrorist financing.

1.5. Transaction History

We provide you with a detailed history of your Transactions, along with analytical tools to manage your activity.

1.6. Service Updates

KPpay reserves the right to modify or update the Services at any time, effective immediately and without prior notice.

1.7. Subcontracting

KPpay may engage third parties to fulfill certain obligations under these Terms.

Article 2Account Creation and Management

2.1. Registration

To use the Services, you must create a KPpay account ("Account"). You certify that all information provided during registration is accurate and complete. Only one Account is allowed per User, unless KPpay explicitly agrees to additional accounts or sub-accounts.

2.2. Mandatory Information

You must choose a descriptive identifier that clearly identifies you or your business. A valid phone number is also required. These details may appear on the Cardholder's bank statement.

2.3. Verification and Compliance

After registration, KPpay may conduct credit checks and request additional documents to comply with legal obligations regarding anti-money laundering and counter-terrorism financing. Until your identity is fully verified, KPpay may suspend or terminate Services at any time.

2.4. Inactive Account

If your Account is inactive for two (2) consecutive years, KPpay will send you a notification. Without a response within thirty (30) days, the Account will be closed, and funds will be handled according to applicable laws.

Article 3Usage Restrictions

3.1. Technical Requirements

Using the Services requires a compatible device and an Internet connection. Costs related to the device and connection are your responsibility.

3.2. Eligibility Conditions

You declare that you are at least 18 years old if an individual, or a legal entity acting within your professional capacity, legally authorized to operate in countries where KPpay is active ("Territories").

3.3. Compliance with Network Rules

By accepting these Terms, you also agree to the rules of card networks ("Network Rules"), including those of Visa, Mastercard, and American Express. Certain obligations may require additional agreements with acquiring banks or Card Schemes.

3.4. Prohibited Activities

It is strictly forbidden to use the Services for Transactions related to illegal, offensive, or non-compliant products or services under applicable laws. KPpay reserves the right to determine, at its sole discretion, if an activity is prohibited.

3.5. Sanctions

In case of violation of these Terms, KPpay may refuse, suspend, or cancel Transactions, close your Account, and charge administrative fees up to EUR 200.

Article 4Card Reader and Software

4.1. Acquisition of the Card Reader

You may purchase, rent, or borrow a Card Reader from KPpay under conditions available on our website. Specific terms may apply.

4.2. Single Use

Only one Card Reader is allowed per Account unless specifically agreed upon by KPpay for additional equipment.

4.3. Usage Restrictions

Selling, renting, transferring, modifying, or using the Card Reader for purposes other than those provided by KPpay is prohibited.

4.4. Return

In case of termination of the Terms or replacement request, you must return the Card Reader to KPpay. Return shipping costs are your responsibility.

4.5. Updates

You must install all Program updates to continue using the Services.

Article 5User Obligations

5.1. Compliant Use

You must use the Card Readers provided by KPpay in accordance with these Terms.

5.2. Card Verification

You are responsible for verifying the validity of payment cards and refusing any suspicious or non-compliant cards.

5.3. Sales Conditions

You cannot impose a minimum amount higher than EUR 1 per Transaction. You must offer Cardholders conditions equivalent to those offered to cash-paying customers and not charge additional fees.

5.4. Error Management

You must monitor your Account and refund any amounts received in error.

5.5. Information Updates

You must inform KPpay of any changes concerning your business or personal information.

5.6. Display

You must visibly display any promotional material provided by KPpay, including Card Scheme logos.

5.7. Receipts

You must provide a receipt to the Cardholder, either on paper or electronically, in compliance with applicable laws.

5.8. Access Security

You are responsible for the security of your login credentials and must immediately inform KPpay in case of unauthorized access.

5.9. PCI-DSS Compliance

You must comply with PCI-DSS security standards related to the storage, processing, and transmission of payment card data.

5.10. Statement Verification

You must regularly verify statements provided by KPpay and report any discrepancies within twenty-five (25) business days.

PART TWO – PAYMENT PROCESSING

Article 6Fund Management

6.1. Authorization

You authorize KPpay and partner financial institutions to hold, receive, and disburse funds on your behalf.

6.2. No Interest

No interest or other income will be paid to you on funds held by KPpay.

6.3. Manually Entered Transactions

For manually entered Transactions exceeding a certain threshold over seven days, KPpay may withhold excess funds for thirty (30) days before disbursement.

6.4. Funds Disbursement

KPpay will not disburse funds until corresponding amounts have been received from relevant financial institutions.

6.5. Access Restriction

KPpay may restrict access to your funds in case of investigation, dispute, or legal injunction.

Article 7Reserve

7.1. Reserve Creation

KPpay may create a reserve to ensure the fulfillment of your obligations by temporarily withholding funds.

7.2. Use of Reserve

The reserve may be used by KPpay to offset any amounts you owe.

7.3. Payment Obligations

If you owe an amount exceeding the reserve, you must pay the difference within three (3) business days. KPpay is authorized to debit due amounts from your registered bank accounts or cards.

Article 8Chargebacks

8.1. Definitions

A chargeback is an amount deducted from your Account in case of a disputed, rejected, unauthorized, or illegal Transaction.

8.2. Assistance

You must assist KPpay in any Transaction investigation by providing required documents within ten (10) business days.

8.3. Financial Responsibility

If a chargeback is confirmed, you will be debited the initial Transaction amount plus applicable fees.

8.4. Corrective Measures

In case of excessive chargebacks, KPpay may delay payouts, increase the reserve, suspend Services, or close your Account.

Article 9Refunds and Returns

9.1. Refund Policy

You must process refunds in accordance with these Terms and Network Rules.

9.2. Obligations

You must communicate a clear return policy, not refund in cash (unless legally required), and not accept cash in exchange for a refund.

9.3. Refund Amount

The refunded amount must not exceed the initial Transaction amount, including taxes.

9.4. Procedure

In case of an exchange or partial return, you must refund the initial Transaction and initiate a new one.

9.5. Timeframe

Refunds via KPpay are allowed within thirty (30) days from the Transaction date.

9.6. Restrictions

KPpay may disable your refund option in case of abuse.

Article 10Tax Obligations

You are responsible for determining and paying applicable taxes related to your use of the Services. KPpay may be required to report information to tax authorities as per the law.

PART THREE – ADDITIONAL LEGAL PROVISIONS

Article 11KPpay's Responsibilities

11.1. Limitation of Liability

KPpay is not liable for direct or indirect losses resulting from compliance with legal obligations, force majeure events, or your breach of these Terms.

11.2. Indirect Damages

KPpay is not liable for indirect losses, including loss of profit or reputation.

11.3. Civil Liability

Nothing in these Terms excludes KPpay's liability in case of gross negligence or willful misconduct.

11.4. Third-Party Actions

KPpay is not responsible for actions or omissions of third parties involved in the Services.

11.5. Service Availability

KPpay is not responsible for disruptions or degradations of Services related to third parties.

11.6. Financial Limitation

KPpay's liability is limited to the amount of Fees collected during the three (3) months preceding the event in question.

11.7. Third-Party Equipment

KPpay is not responsible for defects in third-party hardware or products.

Article 12Indemnification

You agree to indemnify KPpay (and its employees, directors, agents, and partners) against any claims or losses resulting from your breach of these Terms, the law, or third-party rights.

Article 13Confidentiality and Data Protection

13.1. Confidentiality

Both parties agree to treat all exchanged information under these Terms as confidential.

13.2. Personal Data

You must comply with applicable data protection laws concerning Cardholders. Any use of data for marketing purposes requires explicit consent from the Cardholder.

13.3. Privacy Policy

For more information on how KPpay collects, processes, and protects your data, please refer to our Privacy Policy.

Article 14Relationships with Third Parties

KPpay is not a party to the relationships between you and Cardholders and assumes no responsibility regarding the products or services you offer.

Article 15Duration, Suspension, and Termination

15.1. Termination

You may terminate these Terms and close your Account at any time. KPpay may suspend or terminate Services with or without notice for various reasons, including breach of these Terms or the law.

15.2. Consequences of Termination

Upon termination, you must immediately cease using the Services. KPpay may delete your data and is not liable to you or third parties for termination.

15.3. Financial Obligations

You must settle all amounts owed to KPpay. Conversely, KPpay will pay you any amounts due, subject to reserve provisions.

Article 16Communications

16.1. Communication Methods

Communications between KPpay and you will primarily occur via email to the address registered in your Account or through notifications on our site or application.

16.2. Valid Email Address

It is your responsibility to maintain a valid email address and regularly check your messages.

16.3. Durable Medium

When required by law, KPpay will provide information on a durable medium, typically via email.

16.4. Language of Communication

KPpay will communicate with you in the language chosen during registration. However, for certain communications, English may be used.

Article 17Intellectual Property

17.1. KPpay's Rights

KPpay is the exclusive owner of all intellectual property rights related to the Services.

17.2. Limited License

KPpay grants you a non-exclusive, non-transferable license to use the Services under these Terms.

17.3. Restrictions

Copying, modifying, distributing, or using protected elements without prior consent from KPpay is prohibited.

17.4. User Content

By submitting content to KPpay, you grant KPpay a license to use it within its activities. You must have the necessary rights over this content.

Article 18Amendments to the Terms

18.1. Right to Modify

KPpay may modify these Terms at any time.

18.2. Notification

Any changes will be notified to you by email or through our Program.

18.3. Acceptance of Changes

Changes will take effect two (2) months after notification unless you object before that date.

Article 19Severability

If any provision of these Terms is deemed invalid, the remaining provisions will remain in effect.

Article 20Assignment of Rights

20.1. Assignment by KPpay

KPpay may freely assign its rights and obligations to a third party.

20.2. Assignment by User

You may not assign your rights and obligations without KPpay's written consent.

Article 21Disputes

21.1. Complaints

Any complaints must be addressed to KPpay's customer service.

21.2. Jurisdiction

In case of disputes, the courts of the country where your Account is registered will have jurisdiction unless otherwise required by law.

Article 22Governing Law

These Terms are governed by the laws of the country where your Account is registered.

By using KPpay's Services, you acknowledge that you have read, understood, and agreed to these Terms and Conditions of Use.