CardiPay Agreement and Conditions of Sales

1 - Parties concerned

1.1 These general conditions of sale define the terms and conditions for using the Cardipay service that have been mutually accepted by the parties listed below:
- The company E-Business Century SARL, registered in Switzerland under the number CH-660-2759005-1, with its corporate headquarters at 24 Rue Du Mole, 12100 Geneva, Switzerland.
- Any client, hereafter referred to as "Merchant", wishing to use the secure payment services offered by E-Business Century SARL via the Cardipay site.

2 - Services offered

2.1 Cardipay offers all clients, hereafter referred to as "Merchants", a secure online credit or debit card payment service.

2.2 Cardipay is in no way a bank or financial organisation, and is limited to providing the "Merchant" with a secure payment gateway to enable payments to be accepted online..

2.3 Cardipay offers all "Merchants", an online interface for monitoring and managing transactions generated online.. This online interface is available 24 hours a day, seven days a week, except in the case of breakdown or update of our system.

3 - Joining the Cardipay service

3.1 Any natural or moral person over the age of majority can open a Cardipay account. This account opening contract is personal to you, you cannot transfer it or "subcontract" it. Except in the case of cancellation by the merchant site or closure by E-Business Century SARL , an account is opened for an unlimited time period.

3.2 E-Business Century SARL reserves the right to suspend or close any "Merchant" account for one of the following reasons:
- Serious technical problem on the site of the "Merchant" which could cause disruption to the Cardipay system.
- Observation of an irregularity in usage of the Cardipay system.
- Express request from a judicial authority to close the account of the "Merchant"
- Fraud or attempted fraud by the "Merchant" on the Cardipay payment system.
- Suspect transactions, in terms of fraudulent use of credit or debit cards
- All actions or consequences of a "Merchant's" activity that could be damaging to the Cardipay system or the end client.
- Use of the Cardipay system for the sale of products or services that are not approved by our company or are illegal.

3.3 In all eventualities, if a problem presents itself, the "Merchant's" account is deactivated and the person in charge contacted to find a quick solution. This being the case, if the "Merchant" site is guilty of one of the points mentioned above, the company E-Business Century SARL reserves the right to deactivate or close the account without prior notification. In as far as it is possible the company E-Business Century SARL will favour communication.

3.4 In the event of closure of a "Merchant's" account, E-Business Century SARL will transfer the balance of the "Merchant's" account by bank transfer after deduction of the Cardipay charges as well as any potential administrative or communication charges or other "lateral" charges arising from the incorrect or fraudulent use of the Cardipay system. Payment of the remaining balance will be made within 180 days of the last transaction made on the "Merchant's" account, this period corresponds to the period during which a payment can be "refuted" by the owner of the card. For closure of an account for any other reason, the same period of 180 days will apply before payment of the balance of the "Merchant's" account.

3.5 Within the framework of the fight against money laundering and all other illegal activity, E-Business Century SARL can demand that all "Merchants" justify and document any transactions processed using the Cardipay.com system.

4 - Access to the Cardipay service & security

4.1 It is the responsability of the client, referred to as the "Merchant", to ensure the security of his access to and usage of Cardipay.com services.

4.2 The "Merchant" is responsible for any divulgation of his password details or any other sensitive information linked to usage of Cardipay.com, to a third party.

4.3 In these conditions, any activity carried out via the "Merchant's" online interface is considered to have been carried out by the "Merchant" himself.

4.4 The "Merchant" cannot and must not in any circumstances provide his Cardipay information and access codes to any agency or individual, including representatives of the company E-Business Century SARL . There is no need for an employee or representative of E-Business Century SARL to ask you for your login or password, do not therefore supply them to anyone or it will be at your own risk.

5 - Use of the Cardipay system

5.1 The products and services sold by the "Merchant" are the sole responsibility of the "Merchant" and are such for a period of at least 180 days (repudiation period for an online payment made using a credit or debit card). During this period, Cardipay reserves the right to retain the amount relating to a transaction that has been repudiated by the owner of the card used for making the payment concerned.

5.2 All product and service lines must be approved in advance by the company E-Business Century SARL before the merchant can receive payment for this type of service or product. If the merchant changes or updates the type of products or services sold, he must inform and obtain approval from E-Business Century SARL

5.3 In the event of a disputation between the "Merchant" and his clients, E-Business Century SARL cannot be held responsible or implicated in any way. It is the responsibility of the "Merchant" and his clients to resolve their disputations either in or out of court.

5.6 The Merchant is aware of and accepts the following points:
- The Cardipay system blocks transactions from certain countries categorised as "Risk Countries". Certain countries can be unblocked at the request of the "Merchant". In this case, the "Merchant" shall be liable for the extra risks incurred, and it is his duty to check transactions emanating from blocked countries to keep the cases of fraud or payment problems to a minimum.
- The "Merchant" must ensure support for his clients and must ensure that his clients do not contact E-Business Century SARL with technical support requests or transaction follow up, delivery follow up, refund or any other client assistance requests.
- The "Merchant" confirms knowledge of the 180 days repudiation period during which a client can contest a payment made using his credit card and be reimbursed for the full value of the contested payment.
- E-Business Century SARL cannot in any circumstances be held responsible for the use of a stolen or fraudulent card which has not yet been cancelled.
- The "Merchant" cannot save or store information about his client's cards, or else he commits totally to securing the retained information and takes responsibility for any resultant damages in the event of loss, divulgation, theft or fraudulent use of this information.

5.7 The company E-Business Century SARL accepts no legal, juridical or financial responsibility for the commercial process of collecting a secure payment, for delivery or non-delivery of an ordered product or service, for end client assistance or for sales or technical support for the Merchant's clients. The Cardipay service is limited to acting as technical intermediary between the "Merchant" and the "Merchant's" client(s) and only on the level of secure online transactions processed using the Cardipay.com tool and made in accordance with the usage conditions specified in this document..

5.8 By accepting these general conditions of sale, the "Merchant" accepts and approves the charges and commissions deducted by E-Business Century SARL on all transactions processed using the Cardipay.com tool, in accordance with the table of charges given on the Cardipay.com site.

5.9 For every "Chargeback" (payment repudiation) made by a client of the Merchant, within a time period of 6 months after the payment date, "Chargeback" fees will be charged to the Merchant at the rate of EUR 29 per "Chargeback".

6 - Evolution of the contract

6.1 This contract can be modified, anytime, without prior agreement by the "Merchant". E-Business Century SARL reserves the right to modify or add to this contract at their sole convenience to allow improvement, evolution of the Cardipay system or to avoid degradation of the provided service. The "Merchant" will be informed of any changes made to this contract

7 - Legal arrangements

7.1 This contract is subject to Swiss law and we will aim for any disputes to be settled out of court. If necessary, settlement of the situation can be referred to the court in Geneva which has jurisdiction in the matter.