General Terms and Conditions.
1. Nabeyond Ltd (Trading as CartDNA and Oganro) as a supplier offers its customers (herein- after “contractual partner”) payment gateway application integration service via an electronic platform (hereinafter “product”, “platform” or “CartDNA Application”) with which payments can be processed and all related software development services in e-commerce. These General Terms and Conditions (hereinafter referred to as “GTC”) apply to the contract between the contractual partner and Nabeyond Ltd.
2. The use of the software application or digital software integration service may require the contractual partner to enter into further contracts with payment service providers (e.g. Acquirer) in order to be able to accept online payments. All resulting fees are to be borne by the contractual partner.
3. Acquisition, operation and maintenance of an infrastructure suitable for the use of the product, as well as the safety precautions against the misuse of the infrastructure, are fully the responsibility of the contractual partner. This is also the case if the contractual partner uses pre-manufactured plugins or modules.
4. Nabeyond operates and manages the product in technical, organisational and administrative terms. In principle the contractual partner is not entitled to constant availability or trouble-free usage of the platform. Exceptions include if the contractual partner and Nabeyond have entered into any SLA supplementary agreements. Nabeyond is entitled to interrupt the operation of the platform at its reasonable discretion if this is necessary for compelling reasons, such as for example system changes and additions, disturbances or risk of abuse. Nabeyond reserves the right to change or supplement the product in technical and organisational terms. If this results in any adjustments to the infrastructure, the contractual partner shall make these adjustments at his own expense, following the instructions of Nabeyond and the respective supplier.
5. Nabeyond acts as a technical intermediary of the contracting partner’s data to and from other payment service providers. Nabeyond assumes no liability whatsoever in connection with third parties for the correctness or expediency of an authorization, payment or rejection.
6. Nabeyond reserves the right at all times to modify and adapt software and interfaces, to make a new version available to the contractual partner and to modify the functions and/or characteristics of the software.
7. Nabeyond and the contractual partner communicate via e-mail. The contractual partner notes that by means of electronic exchange of information via e-mail, the following risks to be borne by the contractual partner exist:
- Information is transmitted unencrypted via an open network accessible to everyone.
- it cannot be ruled out that the information can be viewed and/or altered by third parties. Such third parties can include existing customer relationships. the identity of the sender (email ad- dress) can be simulated or in other respects be manipulated. information exchange may be delayed or interrupted because of transmission errors, technical deficiencies, interruptions, interferences, unlawful interference, overloading of the network, deliberate blockage of the electronic ac- cess points by third parties or other in- adequacies of the network operators.
8. We will provide you with support to resolve general issues relating to your Nabeyond application and your use of the services. This support includes resources and documentation that we make available to you through the current versions of our support pages or via email.
9. The prices and fees of the products are, unless stated otherwise, excluding VAT, withholding taxes and other fees.
10. All taxes and fees which arise or may arise in the future according to the legislation of the country of the contractual partner on the ser- vices to be provided by Nabeyond within the scope of the products shall be borne by the contractual partner. The contractual partner is in any case obliged to comply with the provisions applicable in his country in connection with indirect taxes, withholding taxes and other possible charges.
11. All invoices are sent electronically via e-mail.
12.Direct debit method will be used directly for charging you for the recurring fees for the use of the application. In special cases an invoice will be issued. The charges are due before application can used on live mode.
13. Depending on each partners agreement, a usage-based fee is charged as well as the annual fees. Transaction prices are defined in our original proposal sent to each partner.
14. Any additional fees incurred using integrated partners are borne by the contractual partner and are not part of the stated prices, unless stated explicitly.
15. Services, possible activation fees, etc. will be invoiced immediately. In case of termination of application, there is no refund claim on already paid fees.
16. If the contractual partner is in default in payment, Nabeyond Ltd is entitled to charge a default interest rate of 5% p.a. to the invoice amount and to charge the contractual partner all dunning expenses and collection charges.
17. In the event of a delay in payment, Nabeyond also has the right, after prior warning, to cease its services until the payment has been made. The expenses for the restoration of the willingness to perform shall be borne by the contractual party.
18. Nabeyond reserves the right to change and supplement the products, in particular the terms and conditions, the other integrating components as well as the fees and terms of payment. The contractual partner will be notified about these changes or additions in writing or electronically (e-mail) at least 30 days before their implementation. If the contractual partner does not agree with the notified changes or additions, he has the right to terminate the contract regarding the product to be changed or supplemented within 30 days after receiving notification of the changes or additions directly in the platform to the effective date of adjustment complying with the period of notice. If the contractual partner does not terminate the contract the changes or supplements are accepted by him.