1.1. The Parties to this Agreement and participants in each transaction are an individual person or legal entity (the ‘Client’) and DIXIPAY. “DIXIPAY” means DIXIPAY LTD., a payment institution with a registered office/Head Office at 23 Austin Friars, London, EC2N 2QP, United Kingdom; contact phone number – 44 203 519 7000; email address firstname.lastname@example.org; Website – https://www.dixipay.com/
1.2. This agreement describes Client’s rights and obligations when using these services. Client must read it carefully and be sure to have understood these Terms & Conditions.
1.3. These general Terms & Conditions of Use constitute the entire and whole agreement between the parties with respect to the subject matter hereof and supersede and replace any and all prior agreements. In the event of inconsistency between this version of the Terms & conditions of Use and the online version at WWW.DIXIPAY.COM the online version will prevail. Please be aware that this is a general terms and conditions
Online On-boarding refers to online registration of the Client through an online
application form that can be found on website WWW.DIXIPAY.COM. Applicant shall
fill in required data and agree with all the terms of future contract relation.
NB: An Agreement between the Client and Dixipay is valid for one year, and this agreement could be for (I) Opening of Payment Accounts for Corporate Clients or (ii) Merchant acquiring/payment facilitator services or (iii) Payment Gateway, which will be valid for one year as from the date of signature and is renewable automatically on yearly bases after a KYC/Due Diligence periodic review has been done and approved if applicable, except client request to close the account or the business decides to close the account may be due to associated risks.
The agreement can be – a) written contract signed by both parties and submitted in original copy to Dixipay; b) written contract approved by Dixipay and signed by the client via electronic means sent to Dixipay via email or c) online on-boarding.
1.4. Creation or use of a DIXIPAY account means that the Client accepts all the Terms and Conditions of this Agreement.
1.5. Client acknowledges that Terms & Conditions of Use are subject to amendment, modification or deletion if required by, or found to be in conflict with, applicable law or regulation or otherwise without affecting the validity or enforceability of the remaining terms and conditions.
1.6. DIXIPAY reserves the right to amend these Terms & Conditions of Use at any time by posting the amended Terms & Conditions of Use on the DIXIPAY website.
1.7. Variation of Terms and Conditions – Amended Terms & conditions of Use shall become effective 60 days after they are posted on the DIXIPAY website to enable Client to adjust to any current changes in the terms and conditions in due time. Changes will be posted on the Terms & conditions of Use Updates page on the DIXIPAY website and, also notify Client via email.
1.8. DIXIPAY may send notices to Clients using the email address or postal address provided. Client may send notices to the Company’s customer service department. Any notices by either party under these Terms & conditions of Use by email shall be deemed given on the day the email is sent, unless the sending party receives an electronic indication that the email was not delivered; and if by mail, shall be deemed given six (6) business days after the date of mailing.
1.9. The original English language version of this agreement may have been translated into other languages. In the event of inconsistency or discrepancy between the English language version and any other language version of this agreement, The English language shall prevail.
2. Service Description:
2.1. Client acknowledges that (i) DIXIPAY is not a bank, (ii) Accounts are not insured by any government agency, (iii) DIXIPAY is not subject to banking regulations.
2.2. Information about safeguards and corrective measures:
2.2.1 As a payment institution, all funds received into a Client’s account will be automatically paid out to the Client’s nominated bank account after the date of receipt of funds (on a date agreed with the client, ideally within the same business day). Within this period, the Client can also instruct Dixipay Ltd to execute a payment to a third party from the funds received in the Client’s account or change the pay-out date (previously agreed with Dixipay Ltd) to the Client’s nominated account. In any case, all funds received in the Client’s account, if there is no further action from the Client, will be automatically paid out to the Client’s nominated account on the initial date agreed with the Client and no later than thirty (30) business days after the day the funds were received in the account. All funds from clients will be paid into the settlement account, and on a regular basis, during the day, transferred into one of the Company’s safeguarding accounts with each inward payment recorded against the relevant payment services
2.3. DIXIPAY operates as a payment institution offering payment services that allows the Clients to send and receive payments whereby the Client is granted the use of a DIXIPAY account to which funds may be added so that the Client may subsequently access those same funds to carry out payment and carry out transactions with third parties.
2.4. DIXIPAY shall hold the Client’s funds in a DIXIPAY account and shall provide the Client with the means to make payment and transfer transactions with the funds in the DIXIPAY account.
2.5. Length of Contract: A DIXIPAY account is valid for one year from date of activation. After which it will be reviewed, due diligence carried out and then renewed if required, and an annual fee may be charged by debiting the Client ‘s account.
2.6. Funds stored in a Client DIXIPAY account must be in line with section 2.2 of this T&C.
2.7. Client agrees that DIXIPAY has the right to monitor the DIXIPAY Network electronically from time to time in order to operate the System properly.
2.8. The Merchant acknowledges and agrees that the DIXIPAY service operates solely as a payment intermediary and that DIXIPAY (i) under no circumstances functions as a seller, buyer, dealer, middleman, retailer, auctioneer, supplier, distributor, manufacturer, broker, merchant of any product or service being ordered, obtained or procured by any funds processed through its services; and (ii) makes no representations or warranties and does not ensure the quality, safety or legality of any product or service purchased with funds received through the DIXIPAY Services.
2.9. The Merchant acknowledges and agrees that any dispute regarding any product or service purchased or procured by any funds requested or received through the DIXIPAY Services or any transaction involving the DIXIPAY Services is between the sender and receiver of the funds and/or the supplier and receiver of the goods or services. Any transaction connected with the products and services offered by the Merchant shall only obligate the Merchant. DIXIPAY shall not be a party to any resulting dispute including but not limited to disputes over performance and liability issues relating to the delivery, quality, quantity or use of the products and services offered by the Merchant. the Merchant shall fully indemnify DIXIPAY against any claim by third parties relating to the use of the products and services offered and shall reimburse DIXIPAY in full for the costs of any legal defense.
2.10. The Merchant is obliged at all times to comply with the applicable laws and regulations in relation to the services provided by them.
2.11. Refusal of Order – Dixipay will refuse payment order if there is any part of the terms and conditions that is not being met or fulfilled by the Client.
2.12. Unauthorised Transaction – Where there is a claim for unauthorised transaction, Dixipay will return the funds if the cause of the unauthorised transaction is their fault.
Client may open a DIXIPAY account by completing the online application form. A Client must maintain an active address, phone number and email address to become a Client and may not provide any false, inaccurate, incomplete or misleading information. Client must not provide any name, bank account or credit card that he/she is not legally authorized to use. Client is responsible to ensure that the details provided at registration and later are kept up to date. DIXIPAY reserves the right to request for further information pertaining to Client’s account at any time. Failure to supply such information may result in limitation on usage of this service or suspension of the account.
4. Login and Password protection:
4.1. The password must NOT be disclosed to any third party, nor should Client use anyone else Password. Client is solely responsible for the security of his/her Login and password.
4.2. Client agrees that DIXIPAY will treat any person accessing Client’s account using the correct Client’s login and Password as the Client and all transactions where the login and password have been entered correctly will be regarded as valid.
5. Funding DIXIPAY account:
5.1. In order to upload money, Client may choose from one or more payment options available to Client depending on Client’s country of residence. Client must also complete the information requested, including passing all identity and security validation and verification checks. Client authorizes DIXIPAY to obtain or receive funds on his/her behalf from Client’s chosen payment source, plus applicable fees.
5.2. A bank transfer received by DIXIPAY which (i) was sent from a bank account not held in Client’s name or (ii) does not contain Client’s User ID as payment reference will not be credited to the Client’s DIXIPAY account but returned to the sender (originators account) provided DIXIPAY has sufficient details to return the payment. In such cases, an administration fee of 15 (EUR) will be deducted from the original deposit amount.
5.3. 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 Account profile.
5.4. Uploads are subject to upload fees depending on which upload method and payment instrument chosen.
6. Sending Payments:
6.1. Anyone whose Client instructs DIXIPAY to pay to must have a valid email address. Client may instruct DIXIPAY to make a payment by entering the email address of the person or entity to receive the payment and the amount Client wishes to send on the “Send Money” page of the DIXIPAY website.
6.2. When Client sends a payment, DIXIPAY will obtain the funds plus any commission first by debiting Client’s funds in the DIXIPAY accounts, if any. If the Client’s funds are not sufficient to carry out Client’s payment instructions in full, Dixipay will notify the Client or decline the transaction if there are insufficient funds in Client ‘s Dixipay account and if Client did not update their accounts with the required amount. DIXIPAY reserves the right to limit an account-holder’s choice of funding sources for any individual payment at its discretion.
6.3. Until the payment is accepted by the recipient, Client remains the owner of those funds and DIXIPAY holds those funds as agent, but Client will not be able to withdraw those funds or send the funds to any other recipient unless the initial transaction is canceled.
6.4. Some accounts, at DIXIPAY discretion, may have a higher or lower spending limit depending on their verification status.
7. Receiving Payments:
7.1. When receiving payments, the amount received is credited to the Client’s payment account until Client further instructs to DIXIPAY with respect to the transmission of his/her funds.
7.2. Through the DIXIPAY website, Client may provide instructions to withdraw the funds or transfer the funds to a third party.
7.3. When Client receives a payment through the Service, the Client is NOT protected against a subsequent reversal of the transaction. Examples of such a reversal include, but are not limited to unauthorized transaction.
8. Prohibited Transactions:
8.1. DIXIPAY strictly prohibits sending or receiving payments as consideration for the sale or supply of the following:
8.1.1. Any item that violates any law, statute, ordinances, or regulations.
8.1.2. Drugs or drug paraphernalia including narcotics, steroids, and certain controlled substances that presents a risk to Client safety.
8.1.3. Selling of prescription drugs, or tobacco products.
8.1.4. Illegal gambling unless the recipient is located exclusively in jurisdictions where such gambling activities are permitted by law, such as citizens or residents of certain countries but not limited to the United States of America, Turkey, China, Malaysia or Israel. DIXIPAY reserves the right in its own discretion to amend the list of countries where it is prohibited to send payments to gambling activities as described above.
8.1.5. Child pornography or related hardcore content or services of any kind.
8.1.6. Certain firearms, ammunition, weapons, or knives.
8.1.7. Illegal or stolen goods or services.
8.1.8. Government IDs and licenses including replicas and novelty items.
8.1.9. Any services utilized for money laundering.
8.1.10. Illegal downloads or any other goods and services infringing intellectual property rights (trademark, patent, copyright) of a third party.
8.1.11. Trading of items or support of organizations that promote hate, violence, or racial intolerance.
8.1.12. Using currency exchanges or aggregation, unless approved by DIXIPAY.
8.2. If you conduct or attempt to conduct any transaction in violation of the prohibitions contained in this section, we reserve the right to:
8.2.1. reverse the transaction; and/or
8.2.2. close or suspend your Account; and/or
8.2.3. report the transaction to the relevant law enforcement agency; and/or
8.2.4. claim damages from you; and
8.2.5. charge you an administration fee of up to EUR 500 in case we apply any of the above.
8.3. It is your and not DIXIPAY responsibility to ensure that you only send payments to or receive payments from persons or entities for the sale or supply of goods and services that you may provide or receive in compliance with any applicable laws and regulations. The mere fact that a person or entity accepts payments through DIXIPAY is not an indication of the legality of the supply or provision of their goods and services. If you are in doubt as to the legality of a supply or purchase, you should not continue with your payment.
9.1. Client is solely responsible for the instructions given to DIXIPAY and for this reason DIXIPAY may not be able to detect errors in Client’s payment instructions, such as incorrect unique identifier.
9.2. Client should note that all payments made are final and not reversible once the recipient has received the payment sent by DIXIPAY, in accordance with Client’s instructions. DIXIPAY cannot guarantee for funds to be given back to Client where Client believes the payment was made in error and indicated this information by email: email@example.com to Dixipay after the payment was made. In any case Dixipay will endeavor to recover funds in all situations where and when possible, including those where it is not liable and inform the Client accordingly.
9.3. Where Client disputes a transaction with another party, DIXIPAY will not enter into the dispute in any way other than to confirm that the payment was made in accordance with the instructions Client gave to the Company.
10.1 Fees depend on whether you are using your Account for Personal or Business purposes.
10.2 All costs and fees are set forth in a separate schedule published at all time on DIXIPAY website.
10.3 The Client authorises payment of all fees due to Dixipay from the client’s payment account/s. Such fees may be subject to change or amend at any time. All funds received from the client will be credited into the client’s payment account/s and fees deducted will be from the client’s payment accounts. Please refer to section 2.2 for Information about safeguards and corrective measures.
10.4 Client is responsible for the payment of all applicable fees.
10.5 If Client is unclear as to any applicable fee, he/she should contact the Company’s Client service department.
10.6 Foreign exchange fee will apply for every currency conversion, however, Dixipay currently transacts in Euro.
10.7. Any fee payable by the Merchant shall be deducted from the Business Account balance. If the Business Account balance is insufficient, or becomes negative, DIXIPAY reserves the right to invoice the Merchant for any shortfall.
10.9. We reserve the right to charge you expenses we have reasonably incurred in connection with any debt collection or enforcement efforts
For further details on fees charges and interest, please see the below:
|Send Money*||0.5% (Min. $0.01)|
|Receive Money||0.5% (Min. $0.01)|
|Western Union||$30 – this is for merchant acquiring purposes|
|Money Gram||$10 – this is for merchant acquiring purposes|
|Credit Card (Visa & MasterCard)||2.9% + $0.25 – this is for merchant acquiring purposes|
|Bank Wire||2% (Max $150) + $40|
|Alerts & Notifications|
NB: Dixipay Ltd transacts in Euro.
*Transaction fee paid one time by sender or recipient and it could be paid sharing between both of them.
11. Force Majeure:
11.1. DIXIPAY will not be responsible for delays or failures in the transmission, receipt or execution of orders, payments, deliveries or information due to events beyond its control. The obligations of this contract precede any government enactment.
11.2. Transaction execution Time – transactions are generally processed on the same business day upon receipt of the transaction provided there is sufficient information to enable Dixipay to process the transaction, and no regulatory concerns.
12. Right of Association:
DIXIPAY reserves the right to refuse service to particular individuals or entities, at its sole discretion, with or without cause.
13. Termination and Limiting Account Access:
13.1. Client may close down the account at any time by giving 30 days’ notice to Company’s Client service department and/or send email to firstname.lastname@example.org. The Company at its sole discretion, reserves the right to limit Account access or withdrawals and the right to close an account of any Client at any time for any or no reason with no prior notice and payment of any unrestricted funds held in custody if there are valid grounds. Valid grounds are assumed under, but not limited to the following circumstances:
13.1.1. Violation of any applicable law or regulation.
13.1.3. If there are reasons to believe that the account has been used in connection with unauthorized account use, including without limitation, notice of the same by Client’s bank.
13.1.4. In case of abuse of the reversal provided by Client’s bank.
13.1.5. Using the DIXIPAY account to facilitate fraudulent activity.
13.1.6. Receipt of potentially fraudulent funds.
13.1.7. Opening more than one account same type.
13.1.8. Using an anonymous proxy.
13.1.9. Sending unsolicited email or posting referral links on websites where they are not permitted.
13.1.10. Returning an incoming Electronic Funds Transfer due to insufficient funds in the bank account or an incorrect bank routing/institution and/or account number.
13.1.11. We reasonably believe that your Account has been compromised or for other security reasons; or
13.1.12. We reasonably suspect your Account to have been used or is being used without your authorization or fraudulently; and we shall notify you either prior to the suspension or, if prior notification is not possible under the circumstances, promptly after the suspension unless we are prohibited by law to notify you.
13.1.13. Receiving excessive complaints from Buyers about your account, business or service.
13.1.14. Submitting altered verification documents.
13.1.15. No transaction is made on the Payment account by the Client over a period of
13.1.16. Dixipay has suspicions that, the Client behaves in contradiction with the
general binding legal regulations, good morals, principles of fair business, AML
rules, or the Client’s position has changed substantially so that the Client
cannot longer guarantee compliance with the contractual conditions;
13.1.17. If the Client has unpaid liabilities towards Dixipay (the right to recover these
liabilities shall remain unaffected);
13.1.18. In case of bankruptcy of the Client, restructuring, foreclosure,
liquidation, or criminal proceedings;
13.1.19. An instruction from UK regulatory body to end relationship with the Client.
13.1.20. If the Client enable Dixipay Technology to be used for the benefit of a third
person or by a third person other than the payer, without the prior written
consent of Dixipay;
13.1.21. Unreasonable increase of Chargeback was reported (pursuant to Scheme
rules or recommendations) or repeated Chargeback in relation to Client’s
13.1.22. Fraudulent actions of the Client were proved in relation to accepting Payment
or Card transactions or criminal prosecution has been initiated for fraudulent
acting of the Client;
13.1.23. Submitting altered, incorrect and or false verification documents during the
on-boarding procedure or for the clarification of a transaction;
13.2. DIXIPAY will use reasonable efforts to investigate accounts that are subject to account access limitations and to reach a final decision on said limitations. Should your account be limited, all funds will be held for a period of time until the issue is resolved. However, it may be held for a lesser period which DIXIPAY will determine and/or depending on regulatory requirement. By following this User Agreement, you can help protect your account from becoming limited.
- We shall notify you either prior to the suspension or, if prior notification is not
possible under the circumstances, promptly after the suspension unless we are
prohibited by law to notify you.
- DIXIPAY will use reasonable efforts to investigate accounts that are subject to
account access limitations and to reach a final decision on said limitations. Should
your account be limited, all funds will be held for a period of time until the issue is
resolved. However, it may be held for a lesser period which DIXIPAY will determine
and/or depending on regulatory requirement.
13.3. Closing your Account does not extinguish the personal data we hold on you and we will continue to store such data, including transaction history, for a minimum period of five years as required by Law or longer if there is a legitimate reason to do so.
3.4. The Client shall have the right to terminate the Agreement with Dixipay:
- a) in written form and delivered by e-mail; or
- b) via Dixipay online account in case of the Client with a Payment account
3.5. The Client has the right to terminate any Agreement with Dixipay in writing with
effect from the date of delivery of termination notice to Dixipay if:
- a) Dixipay repeatedly and grossly violates these General Terms & Conditions or
- b) Dixipay loses its license to provide payment services;
- c) Such events occur on Dixipay’s side that may affect the discharge of liabilities
towards the Client (bankruptcy, foreclosure, liquidation or criminal proceedings)
- d) or if the client wishes
3.6. If a contractual relationship terminates, the Client shall determine where the
balance from the Client’s Payment Account or value of the Merchant settlement is
to be transferred. Dixipay reserves its right to refuse to execute such transfer to a bank
account, which is not held in a Payment account service provider registered within
EEA in the Client’s name.
3.7. With the termination of an Agreement, the Payment Account maintained by
Dixipay for that particular Agreement shall be canceled too. If the Client holds more
payment accounts, can be canceled separately each also upon the notice by Dixipay,
provided that the remaining account remain active
14. Warranties, Liabilities and Disclaimers:
14.1. Client understands and accepts that it is strictly forbidden to make use of the DIXIPAY service in order to pay for illegal material as well as illegal downloads or any other goods and services infringing intellectual property rights of a third party and/or any illegal purpose or criminal activity of any nature. DIXIPAY will report any suspicious account activity to the relevant law enforcement authority. DIXIPAY reserves the right to apply at its sole discretion prevention and detection procedures and suspend accounts or refuse the execution of transactions if there are reasonable grounds to suspect that an account is being or may be used for illegal purposes.
14.2. It is Dixipay’ assumption that client is signing up for a user account only after determining that opening and maintaining such account violates no laws or regulations in their respective country and jurisdiction. Client warrants that he/she is not violating any law or regulation by his/her use of DIXIPAY, and Client indemnifies DIXIPAY for any and all liability that might arise from his/her or their use of DIXIPAY Service.
14.3. DIXIPAY shall make reasonable efforts to ensure that all transactions are processed in a timely manner (within one business day except where further clarification or information is required). However, DIXIPAY makes no representations regarding the amount of time needed to complete processing, nor shall DIXIPAY be liable for any actual or consequential damages arising from any claim of delay. Furthermore, DIXIPAY makes no representations or warranties as to continuous, uninterrupted or secure access to the DIXIPAY service, which may be affected by factors outside of DIXIPAY control, or may be subject to periodic testing, repair, upgrade or maintenance.
14.4. DIXIPAY shall in no way, and under no circumstances, be liable for any damages or losses, including without limitation, direct, indirect, consequential, special, incidental or punitive damages deemed or alleged to have resulted from or caused by but not limited to the following scenarios:
14.4.1. Payments made to unintended recipients or payments made in incorrect amounts due to the input of incorrect information by Client.
16.4.2. Payment made by a third party who passes all identity and verification checks.
14.4.3 Any fraud, deception or misrepresentations by Client, whether or not the Client is verified in any manner.
14.4.4. Any fraud, deception or misrepresentations by the recipient.
14.4.5. Any damages resulting from a recipient’s decision not to accept a payment made through DIXIPAY.
14.4.6. Any errors or omissions in the website content.
14.4.7. The misuse of the web site content or the inability of any person to use the site.
14.4.8. Delays, losses, errors, or omissions resulting from failure of any telecommunications or any other data transmission system and the failure of the central computer system or any part thereof.
14.4.9. Any results of any acts of Government or authority, any act of God or force majeure.
14.5. DIXIPAY’s service is limited to providing Client with a payment facility and does not ensure the quality, safety or legality of the transaction Client is undertaking. DIXIPAY does not have any responsibility for any goods or services for which Client pays using the DIXIPAY service and will not be liable for any charges, taxes or other duties in relation to such goods or services.
14.6. Client agrees to release, indemnify, and hold DIXIPAY harmless against any claim brought against DIXIPAY by a third party resulting from Client’s use of DIXIPAY payment services in respect to all losses, actions, proceedings, claims, damages, expenses or liabilities whatsoever suffered and howsoever incurred by DIXIPAY in consequence of Client non observance or breach of these terms and conditions.
15. Governing Law:
15.1. For disputes, claims or to report account discrepancies, Client shall contact DIXIPAY customer service department using Dixipay’s Contact number as shown in this agreement.
15.2. This Agreement shall be governed by and construed in accordance with the laws of the United Kingdom.
15.3. Any controversy or claim arising under or related to this Agreement or the provision of the Services offered by DIXIPAY that can’t be resolved by contacting the customer service department shall be settled by arbitration in accordance with the International Arbitration Rules of United Kingdom or as applicable. The language of the arbitration shall be English.
15.4. The Client and DIXIPAY shall keep confidential and not use for any collateral or ulterior purpose the subject matter of any arbitration and all information, documents and materials produced for, or arising in relation to, any arbitration including any award arising out of it except in so far as is necessary to implement and enforce any award or otherwise as required by law.
16.2. Unless (1) otherwise approved by Client or (2) ordered by a court or arbitration body of acceptable jurisdiction, as determined by DIXIPAY, DIXIPAY shall not reveal Client’s contact or identifying information or transaction history to any third party.
16.3. DIXIPAY will not store Password in plain-text. No employee of DIXIPAY will ever ask for Client’s Password.
16.4. Client agrees that the only way to recover access to the Client’s Account where the Password or Login ID have been lost is by following the password recovery procedure established by DIXIPAY. Client is responsible for being able to meet the requirements and eventual costs for the password recovery. DIXIPAY will not be responsible in any way for any of Client’s losses due to Client failing to meet the requirements for password recovery.
17.1. DIXIPAY retains all right, title, and interest in and to trademarks. Client shall only use DIXIPAY trademarks with the express permission of DIXIPAY. Client shall not use the trademarks in any manner that is disparaging to DIXIPAY. Under no circumstances may a Client alter, modify, or change DIXIPAY trademarks.
17.2. All website designs, text and graphics, and their layout and arrangement and all intellectual property rights therein are the property of DIXIPAY. Any use of web site materials, their reproduction, modification, distribution or republication without express prior written consent is strictly prohibited.
Failure to exercise or delay in exercising any right, power or remedy hereunder by DIXIPAY shall not operate as waiver thereof, nor shall any single or partial exercise of any right, power or remedy of DIXIPAY hereunder preclude any other or future exercise thereof or the exercise of any other right, power or remedy.
The provisions of this Agreement shall be continuous and shall inure to the benefit of DIXIPAY, its successors and assigns, and shall be binding upon Client and/or the estate, personal representatives, administrators and successors of Client. DIXIPAY may assign its rights and delegate its duties as to any or all transactions under this Agreement. Client shall not delegate any obligations hereunder without the prior written consent of a duly authorized officer of Issuer and any attempt at such delegation without such consent shall be voided.
In the event that any provisions of this Agreement shall be determined by an arbitration body or a court of competent jurisdiction to be unenforceable in any jurisdictions, such provision shall be unenforceable in that jurisdiction and the remainder of this Agreement shall remain binding upon the parties as if such provisions were not contained therein. The enforceability of such provision shall otherwise be unaffected and remain enforceable in all other jurisdictions.
21. Dixipay Technology:
21.1. Dixipay provides access to Dixipay Technology that shall be used to access the services provided by Dixipay to the Client.
21.2. Dixipay shall provide the Client with access to the software programs required for proper using of agreed services.
21.3. The Client shall use Dixipay Technology as described in the documentation provided by Dixipay to the Client. The documentation may be updated from time to time and may and/or remove functionality.
21.4. Dixipay Technology shall be installed and operated by the Client in accordance with the instructions of Dixipay.
21.5. Dixipay is not responsible for any issues, problems and damages arising from a connection to Dixipay Technology that has not been performed in accordance with Dixipay instructions.
21.6. The Client shall bear any and all of its costs relating to the connection to Dixipay Technology.
21.7. The Client acknowledges that its use of Dixipay Technology is in accordance with the terms of the license granted by Dixipay.
21.8. Dixipay Technology is owned by Dixipay. It is licensed to the Client and not sold.
21.9. Dixipay Technology and accompanying printed materials, if any, are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Client shall not sell, lease, encumber or otherwise dispose of Dixipay Technology and accompanying materials.
21.10. Dixipay will not have any liability to the Client if Dixipay technology fails to operate because of the Client’s inappropriate, inadequate or faulty computer hardware, because of the failure of Client, its employees and agents to operate Dixipay Technology properly in accordance with the instructions provided by Dixipay or because of the neglect or misuse of Dixipay Technology by the Client, its employees or agents. If Dixipay Technology fails to operate for any other reason not attributable to the Merchant, the liability of Dixipay shall be limited to the repair or replacement of Dixipay Technology.
22. Transmission of information/Contact Information:
Information relating to the account will be transmitted (via an agreed email address or using a secure website except where client has requested otherwise, example ‘to be sent in writing via post…). Information can be requested as and when required and at any time; mainly in English language or translated to English as applicable.
NB: Client has the right to obtain a copy of the contract at any time during its term.
Please be aware that where an online account has been compromised or credentials stolen, client can contact us immediately or at their earliest convenience using any of the following medium:
Phone – 44 203 519 7000
Email – email@example.com
Website – Client can send an email to Dixipay through Dixipay’s secured website by logging into their account.
To contact Dixipay by post, please send post to the below address:
DIXIPAY LTD (UK)
23 Austin Friars, London, EC2N 2QP
23. Anti-Money Laundering Policy:
DIXIPAY participates fully in all government regulated anti-money laundering policies. Suspicious large deposits will be reported to appropriate government authorities. Members are required to keep their accounts and contact information current at all times. Any accounts found to contain incorrect and/or outdated information will be suspended and all funds held. Members wishing to use certain features of their account will be required to verify their identity via government issued photo ID and other appropriate documentation as specified in the Verify section of their member area depending on the type of client. All submitted documentation is held in the strictest confidence. However, in cases of intentional abuse, any member participating, abetting or assisting in fraudulent and/or attempted fraudulent activities relinquishes any and all rights to privacy of personal information.
24. Information accuracy and actuality:
24.1. Client is solely responsible for the instructions given to DIXIPAY and for this reason DIXIPAY may not be able to detect errors in Client’s payment instructions, such as incorrect unique identifier.
24.2. Client should note that all payments made are final and not reversible once the recipient has received the payment sent by DIXIPAY, in accordance with Client’s instructions. DIXIPAY cannot guarantee for funds to be given back to Client where Client believes the payment was made in error by Client and indicated this information by:
email: firstname.lastname@example.org to Dixipay after the payment was made. In any case
Dixipay will endeavor to recover funds in all situations where and when possible, including those where it is not liable and inform the Client accordingly.
24.3. Where Client disputes a transaction with another party, DIXIPAY will not enter into the dispute in any way other than to confirm that the payment was made in accordance with the instructions Client gave to the Company.
25. Offsetting and due amount to Dixipay:
25.1. Dixipay shall be entitled to offset of its receivable from the Client against any of the Client’s receivables from Dixipay of the same type at any time without prior notice, regardless of the legal relationships that may arise, as well as the receivables of Dixipay that cannot be
claimed before a court.
25.2. In order to offset the receivables specified under section 25.1. above, Dixipay
shall also be entitled to use the funds held on the Payment account and /or
Merchant account, regardless of the receivable’s origin.
26. Interest bearing (on Safeguarding account):
26.1. All Clients’ accounts held by Dixipay will be non-interest-bearing account This means that the bank does not pay Dixipay Ltd interest for the Safeguard account/s.
27. Entire Agreement: