1.1. The Parties to this Agreement and participants in each transaction are an individual person or legal entity (the ‘Customer’) and DIXIPAY. “DIXIPAY” mean DIXIPAY LTD., a payment institution with a registered office in the United Kingdom.
1.2. This agreement describes customer’s rights and obligations when using these services. Customer must read it carefully and be sure to have understood these Terms & Conditions.
1.3. These 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.
1.4. Creation or use of a DIXIPAY account means Customer accepts all the Terms and Conditions of this agreement.
1.5. Customer 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 enforce-ability 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. Amended Terms & conditions of Use shall become effective 30 days after they are posted on the DIXIPAY website. Changes will be posted on the Terms & conditions of Use Updates page on the DIXIPAY website.
1.8. DIXIPAY may send notices to Customer at the email address or postal address provided. Customer 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. Customer 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. As a payment institution, Dixipay is required to ensure that any funds received into our clients’ accounts are allocated to specific future dated payment orders. In order to comply with this requirement, any funds received into a client’s account for which we do not have a payment order will be returned to the client’s nominated bank account (as advised to us) if no such instruction is received within 30 days.
2.3. DIXIPAY operates as a payment service provider offering online financial services for individuals and corporate that allows Customer to send and receive payments whereby the Customer is granted the use of a DIXIPAY account to which funds may be added and stored so that the Customer may subsequently access those same funds to carry out payment and transfer transactions with third parties.
2.4. DIXIPAY shall hold the Customer funds in a DIXIPAY account and shall provide the Customer with the means to make payment and transfer transactions with the funds in the DIXIPAY account.
2.5. A DIXIPAY account is valid for one year from date of activation. After which it will be automatically renewed, and an annual fee may be charged by debiting the Customer account.
2.6. Funds stored in a Customer DIXIPAY account have no expiration date.
2.7. Customer 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, agent or 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.
Customer may open a DIXIPAY account by completing the online application form. A Customer must maintain an active address, phone number and email address to become a Customer and may not provide any false, inaccurate, incomplete or misleading information. Customer must not provide any name, bank account or credit card that he/she is not legally authorized to use. Customer is responsible to ensure that the details provided at registration and later are kept up to date. DIXIPAY reserves the right to request further information pertaining to Customer’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 may Customer use anyone else’s Password. Customer is solely responsible for the security of his/her Login and password.
4.2. Customer agrees that DIXIPAY will treat any person accessing Customer’s account using the correct Customer’s login and Password as the Customer 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, Customer may choose from one or more payment options available to Customer depending on Customer’s country of residence. Customer must also complete the information requested, including passing all identity and security validation and verification checks. Customer authorizes DIXIPAY to obtain or receive funds on his/her behalf from Customer’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 Customer’s name or (ii) does not contain Customer’s User ID as payment reference will not be credited to the Customer’s DIXIPAY account but returned to the sender provided DIXIPAY has sufficient details to return the payment. In such cases, an administration fee of $15 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 and currency conversion depending on which upload method and payment instrument is chosen.
6. Sending Payments:
6.1. Anyone who Customer instructs DIXIPAY to pay to must have a valid email address. Customer may instruct DIXIPAY to make a payment by entering the email address of the person or entity to receive the payment and the amount Customer wishes to send on the “Send Money” page of the DIXIPAY website.
6.2. When Customer sends a payment, DIXIPAY will obtain the funds plus any commission first by debiting Customers funds in the DIXIPAY accounts, if any. If the Customer’s funds are not sufficient to carry out Customer’s payment in full, DIXIPAY will obtain the remaining funds per Customer’s instructions by debiting a bank account that Customer designates, charging Customers credit card or any other available method of payment. DIXIPAY reserves the right to limit an account-holder’s choice of funding sources for any individual payment at its discretion.
6.3. DIXIPAY will immediately send the funds to the recipient’s DIXIPAY account. If the recipient does not have a DIXIPAY account, DIXIPAY will send him/her an email asking him/her to register and activate an account with DIXIPAY in order to receive the sum Customer has sent.
6.4. Until the payment is accepted by the recipient, Customer remains the owner of those funds and DIXIPAY holds those funds as agent, but Customer will not be able to withdraw those funds or send the funds to any other recipient unless the initial transaction is cancelled. If, within 14 days from payment being sent to a non-registered DIXIPAY recipient, he/she has not opened and activated a new DIXIPAY account, DIXIPAY will cancel the transaction and the money will be sent back to the Customer’s account.
6.5. 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 through the Service, the amount received is credited to the Customer’s payment account until Customer further instructs DIXIPAY with respect to the transmission of his/her funds.
7.2. If a person receives a notice that a payment has been sent to him through DIXIPAY but he has not registered for the Service, DIXIPAY will NOT in any way become his agent and the recipient of said notice will have no claim to those funds unless and until he registers for the Service and indicates his acceptance of the payment.
7.3. Through the DIXIPAY website, Customer may provide instructions to withdraw the funds or transfer the funds to a third party.
7.4. When Customer receives a payment through the Service, he/she is NOT protected against a subsequent reversal of the transaction. Examples of such a reversal include, but are not limited to, a credit card reversal by the sender of the payment and a reversal of the transaction because the sender of the payment was using a stolen credit card or unauthorized bank account.
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 customer 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 exchangers 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 $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. Customer can request a withdrawal at any time by logging into his/her account and following the instructions in the ‘Withdraw’ section.
9.2. DIXIPAY is responsible to process the necessary payment instructions immediately after the carrying out of any checks that are reasonably required to prevent money laundering or fraud or to check whether the holder of the e-money is a person who is entitled to redeem it.
9.3. In case the Customer chooses to be paid via bank transfer, the Company pays the proceeds of redemption by electronic transfer to an account with a bank or other financial undertaking nominated by the Customer. The Company deducts the applicable fee for the redemption from the Customer’s account. The Customer can nominate the respective financial institution via the profile section of this website. DIXIPAY will execute the transfer in USD, EUR or the official currency of the country where the specified banking institution is located. DIXIPAY can execute the payment in any of the mentioned currencies at its sole discretion irrespectively of Customer’s account currency.
9.4. If the Customer requests a withdrawal via bank, DIXIPAY makes best efforts to ensure that the funds reach Customer’s account within five business days of the day on which it gave the instructions. It will not be regarded a breach of this clause, if the failure of the funds to reach Customer’s account in time is caused by a failure outside the Company’s control on the part of any third party that is involved in the funds transfer.
9.5. All redemption fees are set forth in a separate Fee Schedule published at any time on this web site being subject to change at DIXIPAY’ discretion. The company reserves the right to charge a correction fee of up to $15 if wrong or incorrect payment details were provided or if a redemption failed or was impeded due to any other reason not caused by DIXIPAY (e.g. payment returned by recipient’s bank).
10.1. Customer is solely responsible for the instructions given to DIXIPAY and for this reason DIXIPAY may not be able to detect errors in Customer’s payment instructions.
10.2. Customer should note that all payments made are final and not reversible once the recipient has received the payment sent by DIXIPAY in accordance with Customer’s instructions. DIXIPAY cannot arrange for funds to be given back to Customer where Customer believes the payment was made in error.
10.3. Where Customer 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 Customer gave to the Company.
11.1. Fees depend on whether you are using your Account for Personal or Business purposes.
11.2. All costs and fees are set forth in a separate schedule published at all time on DIXIPAY web site in USD.
11.3. All fees are due immediately and are subject to change or amend at any time.
11.4. Customer is responsible for the payment of all applicable fees.
11.5. If Customer is unclear as to any applicable fee, he/she should contact the Company’s customer service department.
11.6. Foreign exchange fee will apply for every currency conversion.
11.7. Any fee is 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.
11.8. Unless otherwise stated, a chargeback fee of $30 per chargeback of credit or debit card transactions. DIXIPAY will hold a chargeback reserve of 10% of the gross deposit for an additional 180 days as collateral for chargeback. The funds held in this account will not be paid interest.
11.9. We reserve the right to charge you expenses we have reasonably incurred in connection with any debt collection or enforcement efforts
DIXIPAY will not escheat inactive accounts. An inactive account with a balance shall remain dormant forever, other than continued assessment of fees, unless and until an heir presents valid documentation entitling the heir to inherit the account.
13. Force Majeur:
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.
14. Right of Association:
DIXIPAY reserves the right to refuse service to particular individuals or entities, at its sole discretion, with or without cause.
15. Termination And Limiting Account Access:
15.1. Customer may close down his/her account at any time by giving notice to Company’s customer service department. The Company at its sole discretion, reserves the right to limit Account access or withdrawals and the right to close an account of any Customer 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:
15.1.1. Violation of any applicable law or regulation.
15.1.3. If there are reasons to believe that the account has been used in connection with unauthorized or unusual credit/debit card or bank account use, including without limitation, notice of same by Customer’s bank or credit/debit card issuer.
15.1.4. In case of abuse of the reversal or charge back process provided by Customer’s bank or credit/debit Card Company.
15.1.5. Using the DIXIPAY account to facilitate fraudulent activity.
15.1.6. Receipt of potentially fraudulent funds.
15.1.7. Opening more than one account same type.
15.1.8. Using an anonymous proxy.
15.1.9. Sending unsolicited email or posting referral links on websites where they are not permitted.
15.1.10. Returning an incoming Electronic Funds Transfer due to insufficient funds in the bank account or an incorrect bank routing/institution and/or account number.
15.1.11. We reasonably believe that your Account has been compromised or for other security reasons; or
15.1.12. 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.
15.1.13. Receiving excessive complaints from Buyers about your account, business or service.
15.1.14. Submitting altered verification documents.
15.2. 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. By following this User Agreement, you can help protect your account from becoming limited.
15.3. 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.
16. Warranties, Liabilities and Disclaimers:
16.1. Customer 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.
16.2. IT IS DIXIPAY’ ASSUMPTION THAT CUSTOMER 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. Customer warrants that he/she is not violating any law or regulation by his/her use of DIXIPAY, and Customer indemnifies DIXIPAY for any and all liability that might arise from his/her use of DIXIPAY Service.
16.3. DIXIPAY shall make reasonable efforts to ensure that all transactions are processed in a timely manner. 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.
16.4. 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:
16.4.1. Payments made to unintended recipients or payments made in incorrect amounts due to the input of incorrect information by Customer.
16.4.2. Payment made by a third party who passes all identity and verification checks.
16.4.3. Any fraud, deception or misrepresentations by Customer, whether or not the Customer is verified in any manner.
16.4.4. Any fraud, deception or misrepresentations by the recipient.
16.4.5. Any damages resulting from a recipient’s decision not to accept a payment made through DIXIPAY.
16.4.6. Any errors or omissions in the website content.
16.4.7. The misuse of the web site content or the inability of any person to use the site.
16.4.8. 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.
16.4.9. Any results of any acts of Government or authority, any act of God or force majeure.
16.5. DIXIPAY’s service is limited to providing Customer with a payment facility and does not ensure the quality, safety or legality of the transaction Customer is undertaking. DIXIPAY does not have any responsibility for any goods or services for which Customer pays using the DIXIPAY service and will not be liable for any charges, taxes or other duties in relation to such goods or services.
16.6. Customer agrees to release, indemnify, and hold DIXIPAY harmless against any claim brought against DIXIPAY by a third party resulting from Customer’s use of DIXIPAY payment services in respect of all losses, actions, proceedings, claims, damages, expenses or liabilities whatsoever suffered and howsoever incurred by DIXIPAY in consequence of Customers non observance or breach of these terms and conditions.
17. Governing Law:
17.1. For disputes, claims or to report account discrepancies, Customer shall contact DIXIPAY customer service department.
17.2. This Agreement shall be governed by and construed in accordance with the laws of Latvian Republic.
17.3. 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 Latvian Republic. The language of the arbitration shall be English.
17.4. The Customer 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.
18.2. Unless (1) otherwise approved by Customer or (2) ordered by a court or arbitration body of acceptable jurisdiction, as determined by DIXIPAY, DIXIPAY shall not reveal Customer’s contact or identifying information or transaction history to any third party.
18.3. DIXIPAY will not store Password in plain text. No employee of DIXIPAY will ever ask for Customer’s Password.
18.4. Customer agrees that the only way to recover access to a Customer Account where the Password or Login ID have been lost is by following the password recovery procedure established by DIXIPAY. Customer 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 Customer’s losses due to Customer failing to meet the requirements for password recovery.
19. 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. 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.
20.1. DIXIPAY retains all right, title, and interest in and to trademarks. Customer shall only use DIXIPAY trademarks with the express permission of DIXIPAY. Customer shall not use the trademarks in any manner that is disparaging to DIXIPAY. Under no circumstances may a Customer alter, modify, or change DIXIPAY trademarks.
20.2. 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 Customer and/or the estate, personal representatives, administrators and successors of Customer. DIXIPAY may assign its rights and delegate its duties as to any or all transactions under this Agreement. Customer 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 void.
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 enforce-ability of such provision shall otherwise be unaffected and remain enforceable in all other jurisdictions.
24. Entire Agreement