1. Diamond Pay Acquisition (hereinafter referred to as Diamond Pay) is only a payment service provider. Diamond Pay acts as a payment service provider, creating, hosting, maintaining and providing you with our Services over the Internet.
2. This User Agreement (the "Agreement") is an agreement between you and Diamond Pay and applies to your use of the Diamond Pay плате Payment Service and any related products and services available through Diamond Pay (collectively, the "Service"). If you do not agree to abide by the terms of this agreement, do not use or use our services.
4. For more information about the Service and how it works, please also contact the Diamond Pay support section or contact us.
5. We may change this Agreement at any time by posting the changed terms on our website. Except as noted below, all modified terms will be effective 1 day after they are first posted on our site.
6. In this Agreement, "You" or "Your" means any natural or legal person using the Service ("Users"). Unless otherwise noted, "Diamond Pay", "we" or "our" will jointly refer to Diamond Pay and its subsidiaries. Unless otherwise stated, all references to "bank" in this Agreement include savings associations and credit unions, and all references to "credit cards" include Visa and MasterCard debit cards.
7. Right to participate. In order to use the Service, you must register an account. Users can only have one account. Our Services are available only to individuals or legal entities that may enter into legally binding contracts in accordance with applicable law. Without limiting the foregoing, our Service is not available to minors (under the age of 18), persons suspended from our Service, or persons who present an unacceptable level of credit or fraud risk.
8. Legal relationship between you and Diamond Pay.
8.1 Agency Relations. Diamond Pay acts as an intermediary to help you accept payments and make payments to third parties. We act as your agent based on your instructions and your requests to use our Services, which require us to perform tasks on your behalf. Diamond Pay will always keep your funds separate from its corporate funds, will not use your funds for its own operating expenses or any other corporate purposes and will not voluntarily provide funds to its creditors in the event of bankruptcy or any other purpose. You acknowledge that Diamond Pay is not a bank, and the Service is a payment processing service rather than a banking service. Diamond Pay does not act as a trustee or escort for your funds, but only acts as an agent and custodian. You do not have to have a balance in your Diamond Pay account to use the Service. You agree that you will not receive interest or other income from the funds that Diamond Pay processes as your agent.
8.2. By initiating and sending payments through the Service or adding funds to your balance, you appoint Diamond Pay as your agent to receive funds on your behalf and to make payments to the recipient you have designated, or to a pooled account subject to conditions and restrictions. of this Agreement. When you send a payment until the payment is accepted by the recipient (which can happen instantly), you will remain the owner of these funds and Diamond Pay will keep these funds as your agent, but you will not be able to withdraw these funds or send funds to any other recipient. if the original transaction was not canceled. By receiving payments through the Service, you appoint Diamond Pay as your agent so that we can transfer funds on your behalf to pooled accounts until you instruct Diamond Pay to transfer your funds. Through the Diamond Pay website, you may provide withdrawal or disbursement instructions to a third party in each case in accordance with the terms and conditions of this Agreement. If you have been notified that a payment has been sent to you through Diamond Pay but you have not registered with the Service, Diamond Pay will not become your agent and you will not claim these funds until you register with the Service and Please specify your payment acceptance.
8.3.2. The debt you have to pay will be deducted from your Diamond Pay account balance. The transaction fee is charged for its execution. If your Account does not have enough funds to cover the commission, we may refuse to make the payment. Refund or refund fees will be deducted when the balance is topped up.
8.3.3. Credit card service fee. The seller must charge a refund fee processed from his account. Commissions charged to the Merchant under this Agreement, if any, shall be applied immediately. Refunds are strictly limited to one percent (1%) of the total amount of transactions that were processed by Diamond Pay for the Seller's account within one (1) month. Any excess of this bet is excessive and will result in penalties and cause Diamond Pay to terminate this Agreement and close the Seller's account with funds held for one hundred and eighty (180) days from the last card event. After this time, the balance on the account will be refunded less refunds, fines, service charges and any other charges. If the Seller's account is canceled for payments in excess of one percent (1%) of the processed transactions, the Seller's account will be penalized accordingly. Moreover, Merchant agrees that it is strictly prohibited to offer, imply, offer, advertise, indicate, express, promote, advise or communicate to any of its customers a "refund" or "refund" for goods or services offered by Merchant. If through the fault of the Seller Diamond Pay or its subsidiaries may lose a trading account or Visa or MasterCard relationship within the trading account, a significant penalty will be imposed in addition to the fines and penalties imposed by credit card associations and the bank. The reasons for this are usually high rates of refund, fraud, non-compliance with the laws of local, state and national jurisdictions, as well as non-compliance with the rules of permissible use of association cards for processing credit cards Diamond Pay. Diamond Pay withholds a percentage of the Seller's total credit card processing income for the period specified in Schedule 1 (which may be updated from time to time) [six months] as a reserve to be applied to refunds, withdrawals and refunds for Credit card services. Diamond Pay has the discretion to adjust the amount of the withholding and the withholding period that will be deemed necessary as security against future Reimbursements and indemnities or obligations to indemnify the Merchant under this Agreement. Reserves will be returned to Seller subject to the expiration of all claims related to them. In addition, if Diamond Pay for any reason suspects or is concerned that it may incur losses as a result of using Seller's account, Seller agrees and entitles Diamond Pay to automatically ACH debit Seller's bank account in advance for the amount of potential damages that Diamond Pay may incur. . Diamond Pay may keep the funds as a reserve until it is established that the Seller's account is protected and as a result Diamond Pay will not suffer any losses.
8.4. Personality identification. We use many methods to identify our users when they register on our site. Checking users is only a sign of increasing the likelihood that the user's identity is correct. You authorize Diamond Pay, directly or through third parties, to make any inquiries we deem necessary to confirm your registration. This may include ordering a credit report and performing other credit checks or checking the information you provide in third-party databases. However, because it is difficult to verify a user on the Internet, Diamond Pay cannot and does not guarantee the identity of any user.
8.5. Issue. In the event of a dispute with one or more users, you release Diamond Pay (and our employees, directors, agents, subsidiaries, joint ventures and employees) from any claims, claims and damages (actual and indirect) of any kind and nature arising out of or in any way related to such disputes.
8.6. Guarantees. We, our founders, subsidiaries, employees and our suppliers provide our services "as is" and without any warranties or conditions, express, implied or required by law. We, our founders, subsidiaries, employees and our suppliers, in particular, disclaim implied warranties of title, fitness for sale and fitness for a particular purpose, as well as infringements. Diamond Pay will make reasonable efforts to ensure timely processing of electronic debit and credit requests related to bank accounts, credit cards and checks, but we do not provide any assurances or guarantees regarding the amount of time required to complete processing, as our service is largely depends on many factors beyond our control, such as delays in the banking system or regional or international postal service. Implied warranties are not permitted in some countries, so the above disclaimer may not apply to you. This guarantee gives you certain legal rights, and you may also have other legal rights that vary from country to country.
8.7. Limitation of liability. Under no circumstances shall we, our founders, subsidiaries, employees or our suppliers be liable for lost profits or any special, incidental or consequential damages or this agreement (however, including negligence). Some countries do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Our liability and the liability of our founders, subsidiaries, employees or our suppliers to you or any third parties are in any circumstances limited to the actual amount of direct damages.
8.8. Compensation for damage. You agree to release Diamond Pay and its founders, subsidiaries, affiliates, officers, directors and employees from liability for any claims or claims (including attorneys' fees) made or incurred by any third party as a result of your breach of this Agreement or documents. which it includes by reference, or your violation of any law or third party rights associated with your use of the Service.
8.9. Liability for Violation of the Permissible Use Policy. If you behave as follows, Diamond Pay may fine you for the actions described below.
I. Using Diamond Pay to Receive Payments for Any Sexually Oriented or Indecent Material or Service in Violation of the Diamond Pay Mature Audience Policy.
II. Use the Diamond Pay service to obtain payments for any drugs, other controlled substances, steroids, or prescription drugs in violation of local laws, both at the place of delivery and at the location of your offices.
III. Use the Diamond Pay service to receive payments on bets, gambling debt or winnings in gambling, regardless of location or type of gambling activity.
8.10. You and Diamond Pay agree that the losses that Diamond Pay will incur as a result of the above actions will be significant, including (without limitation) fines and other related costs from payment systems and service providers, but may be extremely difficult and impracticable. to find out. If you engage in such activities, Diamond Pay may fine you $ 50,000 and / or Diamond Pay may sue you for damages in excess of the amount of the fine. You acknowledge and agree that $ 50,000 is currently a reasonable minimum estimate of Diamond Pay's loss, taking into account all current circumstances, including (without limitation) the ratio of the amount to the range of damage caused by Diamond Pay that can reasonably be expected. , and an expectation that is evidence of actual damage may be impractical or extremely difficult. You agree that Diamond Pay shall have the right to deduct such penalties directly from any existing balance in the offender's account or any other Diamond Pay account to which you are affiliated. If you use the Diamond Pay Service in a manner that violates the Acceptable Use Policy, including, but not limited to, the three categories described above, your account will be restricted or terminated immediately. You also understand that if you use Diamond Pay's services in a manner that violates the Acceptable Use Policy, including, but not limited to, the three categories described above, Diamond Pay may incur material liability and / or significant harm, including (without limitation) fines and other related costs from payment systems and service providers. By selling goods or services (including access to content) in violation of the Policy of Permissible Use or the Restricted Actions section of this User Agreement (currently Section 6.2), you acknowledge liability to Diamond Pay for any damage suffered by Diamond Pay. Without limiting the foregoing, you agree to reimburse Diamond Pay for any and all costs, expenses and penalties imposed on Diamond Pay by the payment systems and / or service providers as a result of your activities. You agree that if you or Diamond Pay initiate legal proceedings or arbitration in connection with this clause, the prevailing party shall have the right to charge reasonable attorneys' fees and any other costs incurred in such proceedings, in addition to any other assistance in in respect of which the dominant party may be entitled.
9. Fees. All commissions are provided to sellers after the account is approved. All fees will be assessed in the currency of payment. Additional information on Diamond Pay fees is available upon request.
10. Accept payments.
10.1. Financing of payments. All accounts must comply with the laws established by international and local laws of personal account holders. Additional restrictions may apply to accounts under the Diamond Pay Terms of Service. No personal account can receive credit card payments for the explicit purpose of transferring funds from one Personal Account to another Personal Account. Credit card payments are only permitted for explicit replenishment of the Personal Account while the credit card holder is in the process of purchasing goods and / or services sold by Diamond Pay subcontractors. By accepting the payment, you agree that you are responsible for the payment if it is canceled. If such a request occurs in the event of a payment made to your account, we will cancel the payment and withdraw funds from your Diamond Pay account to cancel the payment. If you do not have enough funds on your Diamond Pay balance, you agree to reimburse Diamond Pay in another way, as described in the Terms of Service.
10.2. Withdrawal. To withdraw money from your Diamond Pay account, we require you to provide Diamond Pay with several forms of identification. This information is required to verify your identity and determine the amount you can withdraw from your account per month. We may limit withdrawals and require additional information from you depending on your location, products sold and other factors. Usually checks are sent only to confirmed addresses. Note. Withdrawals from a Diamond Pay account can only be made to a non-cash current account in the bank account in your account.
11. Sending payments.
11.1. Sending payments. To send payments through our Service, we require that you provide Diamond Pay with a number of IDs. This information is required to verify your identity and determine the amount you can send with your account. We may request additional information from you depending on your location and other factors. Based on the information you provide, we will determine your payment ability and your shipping limit.
11.2. Refusal of payments. When you send a payment to a third party through our Service, the recipient is not obliged to accept the payment, even if the recipient is already registered in Diamond Pay. The recipient can refund the payment or, in some cases, use the Diamond Pay service to reject the payments you sent. Any payments made through Diamond Pay that have been declined or not claimed by the recipient will be refunded to you at an earlier event: (a) the date of such refusal or (b) within 30 days of the date the payment was sent, depending on the card issuing bank recipient).
11.3. Seller Recipients' right to delay payment processing. When you allow certain merchant users to send payment, your payment instruction will be valid for a different period of time. Your payment will not be considered approved by the seller until the seller's user chooses to process the payment within the validity period of your payment instruction. If you have sufficient funds to make a payment at the time you authorize a payment, we will deduct the amount equal to the payment from your balance at that time and highlight the transaction as pending. You will not be able to access this amount even if the seller has not yet completed the processing of this payment. If at the time of authorization of the payment you did not have a sufficient amount on the balance, we will first debit your balance (if any) at the time of authorization. We will then authorize the remaining amount using the funding source you specified in the authorization as the selected funding source. The transaction will be marked as pending, and you will not be able to access this amount even if the seller has not yet completed the processing of this payment.
11.4. When the seller completes the payment processing, we will first receive the funds using the deferred balance, if any. Subsequently, we will receive the remaining funds by writing off the source of funding that you specified when logging in as the selected source of funding. If your Diamond Pay balance is not sufficient to cover the entire payment amount, we will receive the remaining funds (after using your balance) by writing off the backup funding source you specified at the time of authorization, according to the terms. With your consent, the seller may change your final purchase price if the total amount changes due to taxes, shipping costs, availability of goods, addition of goods or other conditions that you have agreed with the seller.
12. Your information and limited activities
12.1 Definition. "Your Information" is defined as any information that you provide to us or other users during registration, payment process, storage or other functions of our Service. You are solely responsible for your information, as we act as a passive channel for disseminating and publishing your information on the Internet.
12.2 Limited activities. Your information and your activities (including your payments and receipts) through our Service must not:
be false, inaccurate or misleading;
be fraudulent or involved in the sale of counterfeit or stolen goods;
consist of giving you a cash advance from your credit card (or helping others with it),
violate the Diamond Pay Acceptable Use Policy;
infringe the copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or confidentiality of any third party;
violate any laws, statutes, ordinances, contracts or regulations (including, but not limited to, those governing financial services, consumer protection, unfair competition, anti-discrimination, or false advertising);
be slanderous, defamatory, illegally threatening or illegally persecuting;
be obscene or contain pornography;
contain any viruses, trojans, worms, time bombs, bots, Easter eggs or other computer programming programs that may damage, malfunction, secretly intercept or expropriate any system, data or other personal information; or
create liability for us or cause us to lose (in whole or in part) the services of our ISP or other providers. If you use or attempt to use the Service for purposes other than sending or receiving payments and managing your account, including, but not limited to, counterfeiting, hacking, altering or otherwise compromising the security or functionality of the Service, your account will be closed and you will be subject to compensation for damages and / or other fines, including criminal prosecution, if any.
12.4 Trademarks. Diamond Pay, Acquiring. Diamond Pay and all related logos, products and services described on this website are trademarks or registered trademarks of Diamond Pay, LLC. or its licensors, and (except as described below) may not be copied, imitated, or used, in whole or in part, without the prior written permission of Diamond Pay. In addition, all page titles, custom graphics, button icons, and scripts are service marks, trademarks, and / or trademarks of Diamond Pay and may not be copied, imitated or used, in whole or in part, without the prior written permission of Diamond Pay. p>
12.5. These Logos may not be altered, modified or altered in any way, or used in a manner that offends Diamond Pay or the Service. Logos may not be displayed in any way that implies sponsorship or support from Diamond Pay. Diamond Pay is a payment service, and no partnership, joint venture, employee-employer or franchisee is provided for or established by this Agreement.
13. Access and intervention. Our website contains robot exclusion headings, and you agree that you will not use robots, spiders, other automated devices or manual processes to monitor or copy our web pages or content contained herein without our prior written permission. . You agree that you will not use any device, software or procedure to circumvent our robot access exclusion headings, or interfere with or attempt to interfere with the proper operation of the Service or any activity carried out on our site. You agree that you will not take any action that places an excessive or disproportionate burden on our infrastructure. Most of the information on our site is owned or licensed to Diamond Pay by our users or third parties. You agree that you will not copy, reproduce, modify, create derivative works from, publicly display any content (other than your information) from our website without the prior written permission of Diamond Pay or an appropriate third party. If you use or attempt to use the Service for purposes other than sending and receiving payments and managing your account, including, but not limited to, counterfeiting, hacking, altering or otherwise violating the security or functionality of the Service, your account will be closed and you will be subject to fines, including criminal prosecution, if any.
15. Terminate or close your account. You can close your account at any time by sending a request to our support by email: contact @ Diamond Pay. Once the account is closed, all pending transactions will be canceled. Any funds we transferred to you at the time of closing, less any applicable fees, will be paid to you by check, assuming that all authentication requirements related to withdrawal have been met (e.g. you cannot use closing your account as a means of circumventing withdrawal of funds from new unverified accounts). You may not use the closure of your account as a means of evading investigation - if the investigation was in line at the time of closing your account, Diamond Pay may continue to delay payment for up to 180 days depending on circumstances to protect the Service from financial and other risks. If you later decide that you are entitled to some or all of the disputed funds, Diamond Pay will provide you with these funds. You will be responsible for all obligations associated with your account, even after closing such an account. After the termination date, we will use the information you provide to try to send you any funds we hold for you.
16. Remedies and the right to take away Diamond Pay from you. Without limiting other means, we may update inaccurate or inaccurate information you provide to us, contact you with help other than electronically, promptly notify our community of your actions, the location of funds in your account, sources of funding restrictions and payments. Restrictions on account access and any or all of the account's features (including, but not limited to, the ability to send money or withdraw from your account), withdrawal restrictions, suspend or close your account indefinitely, and refuse to provide you with our services if:
(a) You violate this Agreement or the documents included in it by reference;
(b) we cannot verify or authenticate any information you provide to us;
(c) we believe that your account or actions pose a significant credit or fraud risk to us;
(d) we believe that your actions may result in financial loss or legal liability for you, our users or us; or
(e) your use of your Diamond Pay account is considered Diamond Pay, Visa, MasterCard or other payment systems as credit card fraud or credit card infringement, including (without limitation) the use of Diamond Pay to verify credit card behavior . Even if they were recorded as completed in a recent activity or your Diamond Pay account history, transactions are not considered completed until the funds have been debited to the client's funding source (for payments) or credited to the client's bank account. In addition, Diamond Pay reserves the right to keep funds outside of normal allocation periods for transactions it deems suspicious or for accounts that conduct large volumes of transactions to ensure the integrity of the funds. If we close your account, we will notify you and pay you all funds held in your Diamond Pay account. In addition, to ensure that you comply with this Agreement, you grant Diamond Pay the right to retain and secure your account. In addition, you acknowledge that Diamond Pay may credit any of your Diamond Pay accounts to any negative balance on your other Diamond Pay accounts at any time and for any reason permitted by law. These obligations include both secured and unsecured debts, as well as debts that you owe individually or with someone else.
17. The right of claim. You may not assign any rights or obligations you may have under this Agreement without the prior written consent of Diamond Pay. Diamond Pay reserves the right to assign this Agreement or any right or obligation under this Agreement without your consent.
18. Legal compliance. You must comply with all applicable UK laws, as well as international laws, laws, regulations, rules, contracts and related licenses with respect to your use of our Services.
19.1. Electronic communications. You agree that this Agreement is a "written letter signed by you" in accordance with any applicable laws or regulations. To the fullest extent permitted by applicable law, this Agreement and any other agreements, notices or other communications relating to your account and / or your use of the Service ("Messages"), you may be provided with electronic documents and you agree to receive all Messages. from Diamond Pay in electronic form. Emails may be posted on the Diamond Pay or Acquiring.Diamond Pay website and / or delivered to your email address. You can print a copy of any message and save it for your records. All communications in electronic or paper format will be considered "in writing" and were received no later than five (5) business days after publication or distribution, regardless of whether you received or did not receive the message. Diamond Pay reserves the right, but does not undertake any obligation to provide paper messages.
19.2. Credit report. You agree that Diamond Pay may order and review your credit report for the sole purpose of assessing your suitability to own a Diamond Pay account and / or your ability to use the Service or its features.
19.3. Procedure. Unless explicitly stated otherwise, any notifications should be sent to contact @ Diamond Pay, which you provide to Diamond Pay during the registration process. The notification is considered sent 24 hours after the publication or sending of the e-mail, if the sending party is not aware that the e-mail has not been received. Alternatively, we may send you a notice by mail to the address provided by Diamond Pay during the registration process. In this case, the notification is considered transmitted 3 days after the date of dispatch.
19.4. Legal Disputes. In the event of a dispute between you and Diamond Pay, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. Accordingly, you and Diamond Pay agree that any disagreement or claim of law or equity arising out of this Agreement or Diamond Pay Services ("Requirements") shall be resolved in accordance with one of the subsections below or otherwise mutually agreed upon. in writing by hand. Before resorting to these alternatives, Diamond Pay strongly recommends that users first contact Diamond Pay directly to find a solution. Diamond Pay will consider reasonable requests for dispute resolution through alternative dispute resolution procedures, such as mediation, as an alternative to litigation.
19.5. Arbitration. For any claim (excluding injunction or other litigation claims) where the total amount of compensation claimed is less than $ 10,000, you or Diamond Pay may choose to resolve the dispute through mandatory arbitration by telephone, online and / or on the basis solely on the basis of written submissions, when no personal presence is required. In such cases, Diamond Pay reserves the right to choose arbitration.
19.6. Court. Alternatively, any claim can be heard by a court of competent jurisdiction located in the UK or at the defendant's location (in the case of Diamond Pay, in the UK and, in your case, at your home address or principal place of business). You and Diamond Pay agree to the jurisdiction of the courts located in the United Kingdom.
19.7. Alternative dispute resolution. Diamond Pay will consider using other alternative forms of dispute resolution, such as mandatory arbitration, which will be held in the UK or elsewhere by mutual agreement.
19.8. Violations of Section 14. All claims (except for injunctions or fair trials) between the parties shall be settled using the Dispute Resolution Mechanism selected in accordance with this Section by the party first making the claim, either by filing a lawsuit or by filing a lawsuit. Beginning of arbitration. If either party files a claim in violation of this Section 14, the other party may recover attorneys' fees and costs of up to $ 1,000.00, provided that the party claiming compensation has notified the other party in writing of the incorrect submission. claims and the other party. could not withdraw the lawsuit.
20. General. This Agreement is governed by and construed in accordance with the laws of Ukraine, as such laws apply to agreements entered into and enforceable exclusively within the territory of Ukraine. We do not guarantee uninterrupted, uninterrupted or secure access to our service, and the operation of our site may be disrupted by a number of factors beyond our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be repealed and the remaining provisions shall apply. You agree that this Agreement and all agreements included may be automatically transferred to Diamond Pay at our sole discretion to a third party in the event of a merger or acquisition. Diamond Pay will act on behalf of Diamond Pay and vice versa, where jurisdiction applies. Headings are for reference purposes only and do not in any way define, limit, interpret or describe the scope or scope of such section. Our inability to act on a violation by you or others does not deprive us of the right to act on subsequent or similar violations. This Agreement and the documents included in it reflect our full understanding of the subject matter of this Agreement. All Sections shall remain in force upon termination or expiration of this Agreement.
21. Disputes. Any disputes between you and Diamond Pay regarding our Services may be reported to the Online Support Service at any time at contact @ Diamond Pay.