1. ACCEPTANCE OF TERMS
These terms and conditions and user agreement (collectively, the “Agreement”) constitute a legally binding agreement between Web & Cloud LLC, a Miami corporation (“Web & Cloud” or “we” or “us”) and you (or “you” or “your”) and govern your use of Payebiz.com (“Site”), the Payebiz platform, and all services provided in connection with the site and platform (collectively, the “Platform.”) The Platform intends to provide eCommerce payment and management capabilities that allow Payebiz partners (the sellers) and their clients (the buying) of certain electronic money transactions (the “Payment of Products & Services” including on-site services (the “on-site”) to third party users of the Platform (either sellers or buyers, as the case may be; collectively, the “Users”).
The services that Payebiz provides to User is subject to the following Terms & Conditions (“TAC). Payebiz reserves the right to update the TAC at any time without notice to User. The most current version of the TAC can be reviewed by clicking on the "Terms & Conditions" link located at the bottom of Payebiz web pages.
A. This Agreement, which incorporates by reference other provisions applicable to use of www.payebiz.com, including, but not limited to, additional terms and conditions set forth hereof ("Additional Terms") governing the use of certain specific material contained on www.payebiz.com, sets forth the terms and conditions that apply to use of www.payebiz.com by User. By using Payebiz (other than to read this Agreement for the first time), User agrees to comply with all of the terms and conditions hereof. The right to use www.payebiz.com and its mobile app is personal to the User and is not transferable to any other person or entity. User is responsible for all use of User's Account (under any screen name or password) and for ensuring that all use of User's Account complies fully with the provisions of this Agreement. User shall be responsible for protecting the confidentiality of User's password(s), if any.
B. Payebiz shall have the right at any time to change or discontinue any part of Payebiz services or feature of www.payebiz.com and its mobile app, including, but not limited to, the content, hours of availability, and server or equipment needed for accessing Payebiz.
2. Changed Terms
Payebiz shall have the right at any time to change or modify the terms and conditions applicable to User's use of www.payebiz.com, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on www.payebiz.com, or by electronic or conventional mail, or by any other means by which User obtains notice thereof. Any use of www.payebiz.com by User after such notice shall be deemed to constitute acceptance by User of such changes, modifications or additions.
3. DESCRIPTION OF SERVICES
Payebiz serves as eCommerce Payment Managing Partner for companies, organizations, freelancers, affiliates, online workers, and their clients and partners globally. Payebiz platform www.payebiz.com and its mobile app grants users 24//7 access to their account, where user can make use of the platform and mobile app to buy on Payebiz partner’s site/shop/marketplace, POS terminal, send payment request, pay bills, pay salaries, and to exchange currencies.
Payebiz platform www.payebiz.com and the app are designed to allow users to transact all payment transactions without sharing any financial, business, or personal information with other users. (Collectively "Payment Services"). The payment services, including any new services, updates, enhancements, new features, and/or the addition of any new Web properties, are subject to this TAC.
User shall be responsible for obtaining and maintaining all telephone, computer hardware, software and other equipment needed for access to and use of www.payebiz.com and all charges related thereto.
5. User Conduct
A. User shall use www.payebiz.com for lawful purposes only. User shall not post or transmit through www.payebiz.com any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Payebiz's express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a User that in Payebiz’s discretion restricts or inhibits any other User from using Payebiz’s Services will not be permitted. User shall not use www.payebiz.com to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of any platform with/without being payment services competitive with Payebiz.
B. www.payebiz.com contains copyrighted material, trademarks, and other proprietary information, including, but not limited to the software, writing content, photos, video, graphics, music and sound, and the entire contents of www.payebiz.com are copyrighted as a collective work under the United States copyright laws. Payebiz owns a copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. User may download copyrighted material for User's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of Payebiz and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
C. User shall not upload, post or otherwise make available on www.payebiz.com any material protected by copyright, trademark, or other proprietary rights without the express permission of the owner of the copyright, trademark, or other proprietary right and the burden of determining that any material is not protected by copyright rests with User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of www.payebiz.com, User automatically grants, or warrants that the owner of such material has expressly granted Payebiz the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology is now known or hereafter developed for the full term of any copyright that may exist in such material. User also permits any other User to access, view, store or reproduce the material for that User's personal use. User hereby grants Payebiz the right to use and share with partners any material made available on www.payebiz.com by User.
D. The foregoing provisions of Section 5 are for the benefit of Payebiz, its subsidiaries, affiliates, and its third-party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
6. USE OF SERVICES
Payebiz platform www.payebiz.com and the app are designed to allow users to transact all payment transactions locally and globally, without sharing any financial, business, or personal information with other users. The platform's communication facilities also enable user-to-user communication without sharing any contact details with any users (all services each a "Payment Service" and collectively "Payment Services").
User shall use www.payebiz.com only for lawful purposes. User shall not post or transmit through www.payebiz.com and the app any material which violates or infringes the rights of others, which is unlawful, threatening, By way of example, and not as a limitation, User agrees that when using Payebiz services, interacting and communication through Payebiz network, User will not:
q Ask for payment information, business legal information, or personal information of other users for any purpose of payment, transfer, or any other purpose.
q Use Payebiz services to receive or send a payment for casino, marijuana, CBD/cannabis-derived products, unapproved pharmacist drugs, weapon and ammunition of all kinds, counterfeit goods/fraudulent services, tobacco, e-cigarette, and e-liquids, and adult entertainment of all kinds.
q Use Payebiz Services in connection with pyramid schemes, chain letters, junk email, spamming, or any duplicative or unsolicited messages (commercial or non-commercial.)
q Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
q Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent, or unlawful topic, name, material, or information.
q Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as a limitation, copyright or trademark laws (or by rights of privacy or publicity) unless User own or control the rights thereto or have received all necessary consent to do the same.
q Use any material or information, including images or photographs, which are made available through Payebiz Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary rights of any party.
q Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
q Advertise or offer to sell or buy any goods or services for any business purpose, unless such Payebiz services specifically allow such messages.
q Download any file shared by another user that User know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
q Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
q Violate any code of conduct or other guidelines which may be applicable for any particular Payment Service.
q Harvest or otherwise collect information about others, including email addresses.
q Violate any applicable laws or regulations.
q Create a false identity for the purpose of misleading others.
q Use, download or otherwise, copy, or provide (whether or not for a fee) to a person or entity any directory of users of Payebiz or other user or usage information or any portion thereof.
Payebiz has no obligation to monitor the Communication between users. However, Payebiz reserves the right to review materials posted through Payebiz communication tools and to remove any materials in its sole discretion. Payebiz reserves the right to terminate User’s access to any or all its Payment Services at any time, without notice, for any reason whatsoever. Payebiz reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse access to Payebiz services or to remove any information or materials, in whole or in part, in Payebiz's sole discretion.
The use of and materials uploaded to the Payment Services may be subject to limitations on usage, reproduction and/or dissemination; User is responsible for adhering to such limitations when using the platform.
Always use caution when dealing on Payebiz you are not allowed to share any payment information or giving out any personally identifiable information on any Payebiz network and Payment Services Tools. www.payebiz.com and the app is designed to transact all kind of business without communicating any financial or personal information with other users. Payebiz does not control or endorse the content, messages, or information found in any Payment Services and, therefore, Payebiz specifically disclaims any liability with regard to the Payment Services and any actions resulting from User’s transacting in any Payment Services without respecting the given guidelines. Managers and hosts have not authorized Payebiz spokespersons, and their views do not necessarily reflect those of Payebiz.
7. MEMBER ACCOUNT, PASSWORD, AND SECURITY
You must register and open a Payebiz account (“Payebiz Account”) in
order to have access to all Payebiz Services. Our services are available to companies
of all sizes, organizations, and individuals, by registering with Payebiz. You
(a) provide only current, accurate and complete information about your company, organization or yourself to register to use Payebiz Services (such information being the "Registration Information"); and
(b) maintain and promptly update your information, as necessary, to keep it accurate, current and complete at all times. If you provide any information that is untrue, inaccurate, not current or complete, or we suspect that your information is untrue, inaccurate, not current or incomplete, your account can be suspended or terminated and you will not have any cause of action against us for such suspension or termination of your account.
You represent that you are the legal owner of and that you are authorized to provide Payebiz with, all Registration Information, account information and other information necessary to facilitate your use of Payebiz’s services.
To register your business with Payebiz for management, your business must represent a legitimate entity in your country and have all the authority to enter into these Terms and Condition on behalf of the business. You represent and warrant that you are duly authorized by the business entity to accept this Agreement and have the authority to bind such business entity to the terms and conditions given in this Agreement. Further, you represent and warrant that the business entity will continue its acceptance through the authorized signatories, the terms of this Agreement as may be modified from time to time as long as such business entity continues using Payebiz Services.
You acknowledge and warrant that the business has all the requisite consents, approvals, certificates, agreements, registrations, and licenses in accordance with the laws, regulations, rules, and guidelines in your country.
creating/opening a Payebiz Account, you represent and confirm that you are
(a) 18 (eighteen) years old or older;
(b) not 'incompetent to contract' within the meaning of the United States Contract’s law; and
(c) entering into and performing this Agreement, as per applicable law.
You further, represent and confirm that you are not a person debarred from using the Payebiz sites and/or receiving the Services under the laws of the United States or other applicable laws.
Your right to access and use the Payebiy sites and all its services is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use the Sites and Services for lawful purposes.
As part of the Payebiz registration process, you will create a username and password for your Payebiz Account. You must choose a reasonably descriptive username that clearly identifies you or your business. In addition, your password should not contain any details about you that is easily available or identifiable. You are responsible for maintaining the confidentiality of the password and the Payebiz Account. For security purposes, we recommended that your password is strong enough that it is not memorable but do not write your user name and password clearly to be able to use by someone else, keep your password always private and try to change it regularly. You agree not to disclose these credentials to any third party. Any person to whom you give your password will have full access to your payment information, and you assume all risk of loss resulting from any such access. All information and instructions received from your Payebiz Account will be deemed to have been authorized by you and the recipients of this information shall rely on its authenticity based on the use of your password. You will be responsible for all actions taken by anyone accessing Payebiz Services using your username and password.
In the event of any dispute between two or more parties as to ownership of a particular Payebiz Account, you agree that Payebiz will be the sole mediator of such dispute. Payebiz's decision (which may include termination or suspension of any account and partnership subject to dispute) will be final and binding on all parties.
We may share some or all of the information you provide with the Payment System Providers, Card Associations, issuing banks, Nodal Banks, Merchants/ Billers (defined hereinafter) and other statutory, regulatory and governmental authorities. By accepting these Terms and Conditions, you authorize Payebiz to request for supplemental documentation at any time (before or after your Payebiz Account has been activated), in order to verify your identity, the accuracy of the information provided. If we cannot verify that this information is accurate and complete, we may deny your use of Payebiz’s services, or close your Payebiz Account at any time. At any time, Payebiz and/or our payment service providers may conclude that you will not be permitted to use Payebiz Services or Services of a specific partner.
8. NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON PAYEBIZ.COM
Any software that is made available to download from Payebiz ("Software") is the copyrighted work of Payebiz its parent company and/or its partners. Use of the Software is governed by the terms of the end-user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). An end-user will be unable to install any Software that is accompanied by or includes a License Agreement unless he or she first agrees to the License Agreement terms.
The Software is made available for download solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING, OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, PAYEBIZ HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
FOR YOUR CONVENIENCE, PAYEBIZ MAY MAKE AVAILABLE AS PART OF THE SERVICES OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. PAYEBIZ DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON PAYEBIZ.
9. NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON PAYEBIZ.COM
Permission to use Documents (such as white papers, press releases, datasheets, and FAQs) from Payebiz Services is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from Payebiz is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Accredited educational institutions, such as universities, private/public colleges, and state community colleges, may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission. Use for any other purpose is expressly prohibited by law and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.