These Terms apply to your access to and use of the Services (detailed below) provided by ZEBICSOFT SOFTWARE TECHNOLOGY PRIVATE LIMITED, Swiftpays, (we), (us), or (our). Before using or accessing the Services, please take the time to thoroughly read these Terms. These Terms include our privacy statement, which is contained in (the "Privacy Policy"), as well as the terms of the Payment Partner, which are mentioned below. By using the Services and accessing these Terms, you enter into a legal agreement with Swiftpays that is binding. If you disagree with these Terms, you are not permitted to access or use the Services.
ACCOUNT CREATION
To use the Services, you must first create an account (an "Account") on the Platform with a username and password linked to your phone number and email address.
You agree that steps will be taken to restrict access to (a) any device linked to the phone number or email address associated with your Platform Account and (b) any device linked to the same.
You must maintain the privacy of your username and password, which you got when creating an account. Any security breach involving your Account, including any leak, unauthorized use, or other incident, must be immediately notified to us.
If we believe you have violated any of the Terms, we reserve the right to revoke any passwords or other codes you use to access the Platform or to monitor your activity on the Platform. You must check out at the end of each session to prevent unauthorized access to your Account.
By signing this agreement, you hereby expressly accept responsibility for all activities taken using your Record. Any fraudulent transaction, refund request, or claim sent through your Account may be the result of security weaknesses or hacks that allow for unauthorized access. We are not liable in any way for these actions.
You agree to receive messages from us with regard to:
ELIGIBILITY CRITERIA
By using our services, you confirm that you are of legal age (18), a resident of India, and possess all necessary permissions and licenses required to enter into these terms. If you are acting on behalf of a legal entity, you affirm that you have the authority to bind the entity to these terms.
PAYMENTS
Swiftpays will occasionally charge fees for the services it provides. The fees shall be assessed in the manner, at the rates, and on the regular schedule specified by Swiftpays. The costs are subject to change at any time and for any cause. Taxes that might be owed are not included in the fees; nevertheless, Swiftpays occasionally includes those taxes in the fees. You acknowledge that during the course of these Terms, you will be responsible for paying any adjustments to taxes that are mandated by law.
You will receive monthly invoices from us detailing the prices we charge for the services we render each month. On the dashboard, invoices can be found each month. No later than ten (10) days after the invoice's date, you must notify Us in writing of any disagreements you have with an invoice. Any sums reasonably contested shall be settled in good faith by Swiftpays.
You will be responsible for performing the daily reconciliation for all the processed transactions. You have two (2) business days to notify Swiftpays if there are any discrepancies. Any issues with the reconciliation must be reported to Swiftpays no later than two (2) business days following the transaction date. In the event that such issues are still not resolved, Swiftpays disclaims all responsibility and liability.
INTELLECTUAL PROPERTY
We are the only owner of all rights, titles, and interests in and to the Platform and Services, as well as all intellectual property rights arising therefrom. We thus give you a limited, non-exclusive, non-sublicensable, royalty-free license to access and use the Platform, subject to your compliance with these Terms and any written instructions we may, from time to time, send you.
We may occasionally ask you for input ("Feedback") regarding the Services, including any reports of bugs or security holes. We may use, copy, share, print, display, distribute, and sell the recommendations you submit without seeking your permission, paying you a fee, giving you credit, or being subject to any other restrictions based on your intellectual property rights.
Except as expressly indicated otherwise, nothing in these Terms shall be construed as granting any right or license with respect to any of our or a third party's intellectual property.
Unless expressly permitted by us or our partners, no element of the content on our website may be used for commercial gain. If you print, copy, or download information in violation of these rules, you instantly forfeit your right to use our Platform and must return or delete any copies you have made.
FEES PAYMENT MANNER
You acknowledge and agree that any fees for the Services and other sums due by you to Swiftpays, including fines and penalties, will be deducted from the funds in your Customer Identifier before payment is made. You acknowledge that you must have enough money in your Customer Identifier in order to proceed with a recommended Payout.
You acknowledge that Swiftpays has established the manner, price, and frequency in which you must pay fees. If any of the following take place, you consent to pay any additional fees that Swiftpays establishes.
(a) Despite the fact that they were formerly free, you use several value-added services on the homepage of the Swiftpays.
(b) You utilize any brand-new services, including those terms which aren't expressly mentioned in the Terms. Any additional charges that Swiftpays may levy for a Service or value-added service will be interpreted as your permission to pay them. This goes for any Service or value-added service you use.
SERVICES
Payments and Payouts Links permit the transfer of funds to bank accounts, UPI IDs, and debit and credit cards via RTGS, UPI, IMPS, and NEFT, amongst other methods. You can schedule payments to be sent to a virtual payment address (VPA) or bank account using Payouts and Payout Links.
The absence of the Payee's bank account information or VPA IDs can be remedied by sending them a link containing the payment amount. Your Payee receives a link via SMS, email, or both that allows them to enter their account information. With Payout Links, the Payout occurs immediately. You acknowledge that Swiftpays is not liable for any errors or omissions made by you or the Payee when entering the correct payment information or any other information required to process the Payout. It has been made abundantly plain that you alone are responsible for verifying the Payee's identity and compliance with the law.
With Vendors Payments, you can organize your accounts payable responsibilities. You can access supplier invoices via email, vendor portals, drives, and other locations. You can then pre-populate the data on the (website's) dashboard and have it available to be paid. You can also pay less in taxes by deducting the TDS amount from the total bill amount. This amount is automatically deducted from your Customer Identifier balance and sent to the government each month.
Vendor Payments Terms
Swiftpays makes no assurances or warranties, either express or implied, regarding the accuracy of data extracted from any file, such as an invoice you uploaded to the Swiftpays dashboard. Prior to authorizing any type of payment, it is exclusively your responsibility to confirm that all invoice information is accurate. Swiftpays assumes no responsibility for any errors or omissions on the Swiftpays page.
Tax Payment Terms
Tax Payments allows you to manage, monitor, and pay taxes such as TDS, Advance Tax, and GST from the Swiftpays dashboard. Depending on the TDS rate you select for your vendor, the TDS component is generated automatically. This TDS amount is deducted promptly using Your Customer Identifier and sent to the government each month. The dashboard of this website allows you to obtain the challan and pay the TDS.
Swiftpays does not promise or guarantee that the data extracted from any file you upload to Swiftpays's dashboard is accurate, either directly or indirectly. Before authorizing any type of payment, whether for taxes, vendors, or anything else, you are the only person who can verify the accuracy of all the file's information. Please be advised that Swiftpays is not responsible for (i) any errors or lack of information on the Swiftpays dashboard or (ii) any delays in making the TDS payments.
Penny Testing Terms
Using Swiftpays's Penny Testing or Fund Account Validation service, you can verify the authenticity of a final beneficiary's bank account or UPI ID. This is accomplished by depositing one rupee into the designated account. The recipient's account number and name are then returned along with the verified bank information. The National Payments Corporation of India verifies the UPI ID and the individual's name with the VPA validation utility.
You agree to pay additional fees for each Penny Testing transaction you conduct. These fees do not include the funds used to complete the transaction. You agree that you may only use the Penny Testing service if you have sufficient funds in your Customer Identifier to cover the fees that will be levied each time you use the service.
You concur that the Penny Testing service may only be utilized once to verify the end recipient of a unique bank account or UPI ID unless Swiftpays expressly states otherwise in writing. The Penny Testing service cannot be utilized more than once to verify the same bank account or UPI ID.
Accounting Software Integrations Terms
You grant Swiftpays permission to access, import, utilize, or otherwise process Your accounting software data. Swiftpays makes no express or implied warranties or representations as to the accuracy of information extracted from any file imported by You to the Swiftpays dashboard. Before authorizing any type of payment, it is solely your responsibility to verify the accuracy of all extracted data from imported files. Swiftpays is not liable or responsible for any errors or omissions in the dashboard's content.
If supported by your website, you can attach financial software to your dashboard. This will facilitate the payment of partners, vendors, and suppliers. With this type of accounting software, you can generate payout files that Swiftpays can read. These files can be imported using the Swiftpays control panel, and payments can be made. You can send payout result files downloaded from the dashboard directly to accounting software that supports the format so that they can be reconciled.
CARD ASSOCIATION RULES
"Card Payment Network Rules" refers to the written rules, laws, releases, instructions, processes, interpretations, and other requirements that card payment networks develop and implement. These requirements may or may not be contractual. These card payment networks have the systems and infrastructure necessary to authorize transactions. You must adhere to all of the rules, regulations, and laws established by the card payment networks.
The card payment networks may modify their regulations, policies, and laws at any time. Due to alterations in the Card Payment Network Rules, we may be compelled to amend, modify, or alter these terms. If we make changes, you agree to be bound by them immediately.
You agree to adhere to any and all programs, rules, and requirements that card payment networks may make public or require you to adhere to. You agree and accept that you are responsible for adhering to all of the Card Payment Network Rules, regardless of whether you are aware of them or can access them.
MERCHANT RESPONSIBILITIES
The Merchant agrees that prior to the commencement of any Service under this Agreement, it will provide Swiftpays with all the documents required to conduct its due diligence on the Merchant's business or activities. These documents will be selected at the sole discretion of Swiftpays. Swiftpays may share KYC documents (or the information contained within them) and other relevant documents with Facility Providers, Governmental Authorities, or law enforcement agents as required by applicable law. The Merchant expressly authorizes Swiftpays to utilize the KYC documents that the Merchant provides for Services. In addition, the Merchant agrees and understands that Swiftpays has the unrestricted right to monitor, read, retain, and/or share any information about the Services as necessary to comply with any applicable laws, legal processes, or government requests.
During the Term, Swiftpays may request from the Merchant (i) additional documents related to Know Your Customer (KYC) and/or (ii) additional documents related to KYC or other customers of the Merchant or invoices at its discretion, in accordance with applicable law, or in response to requests from government officials or facility providers. If the Merchant fails to provide the required KYC documents when requested, Swiftpays may suspend the Services and/or halt money transfers (as necessary) until Swiftpays is satisfied with the Merchant's KYC documents.
The Merchant is aware that the Services are complex and require the assistance and input of numerous parties, including the Facility Providers. When a merchant makes a purchase, they agree that Swiftpays is only responsible for errors or actions that it directly causes.
These two parties concur that Swiftpays is not responsible for deliveries, after-sales service, payments, billing, collections, customer questions (not just sales questions), technical support maintenance services, or any other responsibilities or services associated with the Merchant's goods or services. This type of debt is solely the Merchant's responsibility. The Merchant agrees to defend Swiftpays against any claim that arises as a result of these services or responsibilities, as well as cover any associated costs and expenses.
(i) Merchant may not state that it is an agent or representative of Swiftpays or the Facility Provider; (ii) Merchant may not state that it has any rights to offer any products or services offered by Swiftpays or the Facility Provider; and (iii) Merchant may not tell Customer or any third party anything that Swiftpays or the Facility Provider may have to do or be responsible for, directly or indirectly.
The Merchant acknowledges and agrees that Swiftpays is not liable for any risks associated with the sale and delivery of the goods and/or services that the Merchant provides to its customers. All of these risks are the sole responsibility of the Merchant. Any disputes between the Merchant and the Customer concerning the quality, suitability, non-delivery, or late delivery of the goods and/or services they sell must be resolved directly between the Merchant and the Customer, with no involvement from the Service Provider.
USER RESPONSIBILITIES
As a user of our payment gateway services, you must perform certain tasks. When you use our services, you agree not to engage in any unlawful activity, such as fraud, identity theft, or anything else prohibited by law. When using our website, you must comply with all applicable laws and regulations. You are also responsible for maintaining the confidentiality and security of your account information, such as your login credentials. You should notify us immediately if someone gains unauthorized access to your account or performs other suspicious actions. If you use our services, you accept these responsibilities, which are necessary to maintain the safety and security of our platform.
RESTRICTIONS
It is important to refrain from engaging in any form of cyberbullying, including but not limited to:
(a) Sending, disseminating, or otherwise making available by email any types of mass marketing, advertising, or informative announcements, whether unauthorized or unsolicited;
(b) Using multiple newsgroups or mailing lists to distribute identical or extremely similar messages;
(c) Postings to group newsgroups or mailing lists that are not related to the stated purpose of the group;
(d) Unsolicited commercial electronic mail (spam) is sent to conferences or groups without their charter expressly approving it; or.
(e) Violation of anti-spam laws.
WAIVER
Our failure to enforce any term or right under these terms does not constitute a waiver. Any waiver of a requirement must be in writing and signed by an authorized representative to be valid.
WARRANTIES DISCLAIMER
We and our affiliates are not liable for any indirect, incidental, or consequential damages arising from these terms or your use of our platform. We do not endorse or control third-party websites linked to our platform and disclaim any liability associated with them.
INDEMNITY
Swiftpays is aware of this and consents to being held harmless and defended by you (as well as its officers, affiliates, parent company, directors, agents, and employees) from and against any and all claims, demands, recoveries, losses, damages, fines, penalties, and other costs, including reasonable attorney's fees, resulting from or related to the violation of any law or the rights of any third party or the breach of these Terms.
LIMITATION OF LIABILITY
Swiftpays or any of its affiliates or related parties, notwithstanding any other provisions, shall not be liable to you or any third party for any indirect, incidental, special, or consequential damages, loss of revenue, or profits that may arise from these Terms, including any actions taken by Authority or Payment Partners. As a result of the use of Swiftpays, (parent company, subsidiaries, affiliated companies), and their officers, directors, employees, and agents, the user agrees to release Swiftpays, parent company, subsidiaries, affiliated companies, and all of their officers, directors, employees, and agents from all legal claims, losses, damages, liabilities, expenses, and causes of action.
CHANGES TO TERMS
We reserve the right to change these terms and conditions at any time. It is your responsibility to review them periodically. Continued use of our services after any changes constitutes your acceptance of the updated terms.
SEVERABILITY
These Terms shall remain valid, even if one or more of them are invalidated or cannot be enforced by a court or other authority. Regardless of whether part of the regulation is currently illegal or unenforceable, it will remain in effect if it is removed.
FORCE MAJEURE
An unforeseen and uncontrollable event may cause us to violate these terms. We may experience a breakdown in any communication system, a security hole or virus in our system, sabotage, fire, flood, explosion, acts of God, civil unrest, strikes, war, riots, insurrections, government actions, unauthorized access to data, etc. Our team will make every effort to inform you of the Force Majeure Event and minimize its negative effects in this situation.
GOVERNING LAW
Any dispute about these Terms must be resolved in an Indian court, and their interpretation and application must be based on Indian law.
CONTACT DETAILS
Please contact us at zebicsoftsoftwaretechnology@gmail.comhe if you have any queries, complaints, or claims.
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