Terms and Conditions

Last updated: January 27, 2021

Please read these terms and conditions carefully before using Our Service.

Acknowledgment

These are the Terms and Conditions governing the use of the service provide by Qodify Payments Limited over the Qodify.com website and Qodify mobile app (hereinafter, collectively called as “Qodify”). These Terms and Conditions set out the rights and obligations of all users regarding the use of the service.

Your access to and use of the service is conditioned on your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the service.

By accessing or using the service you agree to be bound by these Terms and Conditions. If you disagree with any part of these Terms and Conditions then you may not access the service.

You represent that you are over the age of 18. The Company does not permit those under the age of 18 to use the service.

Your access to and use of the service is also conditioned on your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes our policies and procedures on the collection, use and disclosure of your personal information when you use the application or website and tells you about your privacy rights and how the law protects you. Please read our Privacy Policy carefully before using our service.

User Accounts

When you create an account with Qodify, you must provide Qodify information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our service.

You are responsible for safeguarding the password that you use to access the service and for any activities or actions under your password, whether your password is with our service or a third-party social media service.

You agree not to disclose your password to any third party. You must notify Qodify immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use, as a username, the name of another person or entity that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

Services and Qodify Account Support

We will provide you with support to resolve general issues relating to your Account and your use of the services.

You are solely responsible for providing support to Customers regarding product or service delivery, support, returns, refunds, and any other issues related to your products and services and business activities. We are not responsible for providing support for the Services to your Customers unless we agree to do so in a separate agreement with you or one of your Customers.

Service Requirements, Limitations and Restrictions

Compliance with Applicable Laws

You must use the Services in a lawful manner, and must obey all laws, rules, and regulations (“Laws”) applicable to your use of the Services and to Transactions. As applicable, this may include compliance with domestic and international Laws related to the use or provision of financial services, notification and consumer protection, unfair competition, privacy, and false advertising, and any other Laws relevant to Transactions.

Restricted Businesses and Activities

You may not use the Services to enable any person (including you) to benefit from any activities our processing partner, Stripe, has identified as a restricted business or activity  (collectively, “Restricted Businesses”). Restricted Businesses include use of the Services in or for the benefit of a country, organization, entity, or person embargoed or blocked by any government, including those on sanctions lists identified by the United States Office of Foreign Asset Control (OFAC), the European Commission, or Ireland.

Other Restricted Activities

You may not use the Services to facilitate illegal Transactions or to permit others to use the Services for personal, family or household purposes. In addition, you may not allow, and may not allow others to: (i) access or attempt to access non-public Qodify systems, programs, data, or services; (ii) copy, reproduce, republish, upload, post, transmit, resell, or distribute in any way, any data, content, or any part of the Services, Documentation, or our website except as expressly permitted by applicable Laws; (iii) act as service bureau or pass-through agent for the Services with no added value to Customers; (iv) transfer any rights granted to you under this Agreement; (v) work around any of the technical limitations of the Services or enable functionality that is disabled or prohibited; (vi) reverse engineer or attempt to reverse engineer the Services except as expressly permitted by Laws; (vii) perform or attempt to perform any actions that would interfere with the normal operation of the Services or affect use of the Services by our other users; or (viii) impose an unreasonable or disproportionately large load on the Service.

Fees and Fines

Qodify Payments Limited will provide the Services to you at the rates and for the fees (“Fees”) described on the Pricing page and incorporated into this Agreement. The Fees include charges for Transactions (such as processing a payment) and for other events connected with your account (such as handling a disputed charge). We may revise the Fees at any time. However, we will provide you with at least 30 days’ advance notice before revisions become applicable to you (or a longer period of notice if this is required by applicable Law).

You are also obligated to pay all taxes, fees and other charges imposed by any governmental authority, including any value added tax, goods and services tax, sales tax and applicable indirect and transactional taxes (“Taxes”) on the Services provided under this Agreement.

Taxes and Other Expenses

You have sole responsibility and liability for: (i) determining what, if any, Taxes apply to the sale of your products and services, acceptance of donations, or payments you receive in connection with your use of the Services; and (ii) assessing, collecting, reporting, and remitting Taxes for your business to the appropriate tax and revenue authorities. If we are required to withhold any Taxes, or we are unable to validate any tax-related identification information you provide to us, we may deduct such Taxes from amounts otherwise owed and pay them to the appropriate taxing authority. If you are exempt from payment of such Taxes, you must provide us with an original certificate that satisfies applicable legal requirements attesting to your tax-exempt status. Upon our reasonable request, you must provide us with information regarding your tax affairs.

We may send documents to you and tax authorities for Transactions processed using the Services. Specifically, pursuant to applicable Law, we may be required to file periodic informational return with taxing authorities in relation to your use of the Services. If you use Payment Processing Services, you acknowledge that we will report the total amount of payments you receive each calendar year as required by appropriate tax and revenue authorities.

Suspicion of Unauthorised or Illegal Use

We may refuse, condition, or suspend any Transactions that we believe: (i) may violate this Agreement or other agreements you may have with Qodify; (ii) are unauthorised, fraudulent or illegal; or (iii) expose you, Qodify, or others to risks unacceptable to Qodify. If we suspect or know that you are using or have used the Services for unauthorised, fraudulent, or illegal purposes, we may share any information related to such activity with the appropriate financial institution, regulatory authority, or law enforcement agency consistent with our legal obligations. This information may include information about you, your Account, your Customers, and Transactions made through your use of the Services.

Processing Transactions: Disputes, Refunds, Reversals, Payouts

Except where Qodify and a Customer have otherwise agreed, you maintain the direct relationship with your Customers and are responsible for: (i) acquiring appropriate consent to submit Charges through Stripe’s Payment Processing Services on their behalf; (ii) providing confirmation or receipts to Customers for each Charge; (iii) verifying Customers’ identities; and (iv) determining a Customer’s eligibility and authority to complete Transactions. However, even authorised Transactions may be subject to a Dispute. Qodify is not responsible for or liable to you for authorised and completed Charges that are later the subject of a Dispute, Refund, or Reversal, are submitted without authorisation or in error, or violate any Laws.

You are immediately responsible to us for all Disputes, Refunds, Reversals, Returns, or Fines regardless of the reason or timing. We may decline to act upon a Refund instruction, or delay execution of the instruction, if: (i) it would cause your Account balance to become negative; (ii) you are the subject of Bankruptcy Proceedings; or (iii) where we otherwise believe that there is a risk that you will not meet your liabilities under this Agreement (including with respect to the Charge that is the subject of the Refund instruction).

In many but not all cases, you may have the ability to challenge a Dispute by submitting evidence to Qodify via Qodify Support. We may request additional information to provide to Payment Method Providers and Payment Method Acquirers to assist you in contesting the Dispute, but we cannot guarantee that your challenge will be successful. Payment Method Providers and Payment Method Acquirers may deny your challenge for any reason they deem appropriate. Where a challenge is entirely or partially successful, your Qodify Account will be credited with the funds associated with the Charge that is the subject of the Dispute (or a portion thereof). You may not submit a new Charge which duplicates a Transaction that is subject to a Dispute.

Please keep in mind that you are liable for all losses you incur when lost or stolen payment credentials or accounts are used to purchase products or services from you. Qodify does not and will not insure you against losses caused by fraud under any circumstances. Even if we work with you to assist you or law enforcement in recovering lost funds, Qodify is not liable to you, or responsible for your financial losses or any other consequences of such fraud.

A Reversal for a Charge may be issued if the Charge is made without the account owner’s authorisation, or in connection with a Restricted Business, or for other applicable reasons. If a Reversal is issued, we will provide you Notice and a description of the cause of the Reversal.

Customers typically raise payment card network Disputes (also known as “chargebacks”) when a merchant fails to provide the product or service to the Customer, or where the payment card account holder did not authorise the Charge. High Dispute rates (typically those exceeding 1%) may result in your inability to use the Payment Processing Services. Failure to timely and effectively manage Disputes with your Customers may ultimately result in your inability to accept payment cards for your business.

Payout Schedule and Settlement

Payout Schedule

The term “Payout Schedule” refers to the time it takes for us to initiate settlement to your Payout Account. We reserve the right to change the Payout Schedule or to suspend settlement to you. Examples of situations where we may do so are: (i) where there are pending, anticipated, or excessive Disputes, Refunds, or Reversals; (ii) in the event that we suspect or become aware of suspicious activity; or (iii) where we are required by Law or court order. We have the right to withhold settlement to your Payout Account upon termination of this Agreement if we reasonably determine that we may incur losses resulting from credit, fraud, or other legal risks associated with your Account. If we exercise our right to withhold a Payout for any reason, we will communicate the general reason for withholding the Payout and give you a timeline for releasing the funds.

Incorrect Settlement

Please make sure that any information about the Payout Accounts that you provide to us is accurate and complete. If you provide us with incorrect information (i) you understand that funds may be settled to the wrong account and that we may not be able to recover the funds from such incorrect transactions and (ii) you agree that you are solely responsible for any losses you or third parties incur due to erroneous settlement transactions, you will not make any claims against us related to such erroneous settlement transactions, and you will fully reimburse us for any losses we incur.

Clearing Funds and Reserves

In certain circumstances, we may (or may require you to) place funds in reserve or impose conditions on the release of funds to you (each a “Reserve”). We may establish a Reserve for any reason if we determine that the risk of loss to Qodify, Customers, or others associated with your Qodify Account is higher than normal. For example, we may hold or establish a Reserve if: (i) as a consequence of your or your Customers’ activities, we determine there is an unacceptable level of risk or prospect of loss to us or to your Customers, (ii) you have violated or are likely to violate this Agreement, or (iii) your Qodify Account has an elevated or abnormally high number of Disputes. We may at our discretion hold all funds in Reserve in a bank account in our name. All funds held in Reserve and all rights, title and interest to such funds, are at all times exclusively for our benefit and vested in us. If we establish a Reserve, we will provide you Notice of the amount, timing, and conditions upon which the funds in the Reserve will be released to you. In many cases, the Reserve amount will be the entire amount of Charges processed using the Payment Processing Services. We may change the terms of the Reserve or impose additional conditions to the Reserve based on our continuous assessment and understanding of the risks associated with your Qodify Account, including if required to do so by Payment Method Providers, Payment Method Acquirers, Stripe, or for any other reason. We may fund the Reserve with funds processed through your use of Qodify, by debiting the Payout Account or another bank account associated with your Qodify Account, or by requesting funds directly from you.

To the extent possible, we prefer to identify the necessity for a Reserve in advance of establishing one. If you are concerned that we will impose a Reserve on you due to the nature of your business activities, please contact us before using the Services.

Fraud Risk

While we may provide or suggest Security Controls, we cannot guarantee that you or Customers will never become victims of fraud. You are solely responsible for losses you incur from the use of lost or stolen payment credentials or accounts by fraudsters who engage in fraudulent Transactions with you. We may assist you with recovering lost funds, but you are solely responsible for losses due to lost or stolen credentials or accounts, compromise of your username or password, changes to your Payout Account, and any other unauthorised use or modification of your Qodify Account. Qodify is not liable or responsible to you and you waive any right to bring a claim against us for any losses that result from the use of lost or stolen credentials or unauthorised use or modification of your Qodify Account, unless such losses result from Qodify’s wilful or intentional actions. Further, you will fully reimburse us for any losses we incur that result from the use of lost or stolen credentials or accounts.

Intellectual Property

The service and its original content (excluding content provided by you or other users), features and functionality are and will remain the exclusive property of the company and its licensors.

The service is protected by copyright, trademark, and other laws of both the Country and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the company.

Your Feedback to Qodify

You assign all rights, title and interest in any Feedback you provide the company. If for any reason such assignment is ineffective, you agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and utilise such Feedback without restriction.

Links to Other Websites

Our service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. you further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination

Term and Termination

his Agreement is effective upon the date you first access or use the Services and continues until terminated by you or Qodify. If you use the Services again or register for another Account, you are consenting to this Agreement. We may terminate this Agreement or close your Account at any time for any reason by providing you advance Notice (the period of notice as required by applicable Law). We may suspend your Account and your ability to access funds in your Account, or terminate this Agreement, if (i) we determine in our sole discretion that you are ineligible for the Services because of significant fraud or credit risk, or any other risks associated with your Account; (ii) you use the Services in a prohibited manner or otherwise do not comply with any of the provisions of this Agreement; (iii) any Law or Stripe requires us to do so; or (iv) we are otherwise entitled to do so under this Agreement

Effects of Terminatio

Termination does not immediately relieve you of obligations incurred by you under this Agreement. Upon termination, you agree to (i) complete all pending Transactions, and (ii) stop accepting new Transactions. Your continued or renewed use of the Services after all pending Transactions have been processed serves to renew your consent to the terms of this Agreement. If you terminate this Agreement, we will pay out any remaining funds owed to you.

In addition, upon termination you understand and agree that (i) we reserve the right (but have no obligation) to delete all of your information and account data stored on our servers; (ii) we will not be liable to you for compensation, reimbursement, or damages related to your use of the Services, or any termination or suspension of the Services or deletion of your information or account data; and (iii) you are still liable to us for any Fees or fines, or other financial obligation incurred by you or through your use of the Services prior to termination.

"AS IS" and "AS AVAILABLE" Disclaimer

The service is provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the service will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the service, or the information, content, and materials or products included thereon; (ii) that the service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the service; or (iv) that the service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the country, excluding its conflicts of law rules, shall govern this Terms and your use of the service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If you have any concern or dispute about the service, you agree to first try to resolve the dispute informally by contacting the Company.

For European Union (EU) Users

If you are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

Additional Legal Terms

Right to Amend

We have the right to change or add to the terms of this Agreement at any time, solely with prospective effect, and to change, delete, discontinue, or impose conditions on use of the Services by posting such changes on our website or any other website we maintain or own. We will provide you with Notice of any changes via email, or through other reasonable means. If you are an existing Qodify user, the changes will come into effect on the date we specify in the Notice, and your use of the Services after a change has taken effect, constitutes your acceptance of the terms of the modified Agreement. You can access a copy of the current terms of this Agreement on our website at any time.

Right to Audit

If we believe that a security breach, leak, loss, or compromise of Data has occurred on your systems, website, or app affecting your compliance with this Agreement, we may require you to permit a third-party auditor approved by us to conduct a security audit of your systems and facilities, and you must fully cooperate with any requests for information or assistance that the auditor makes to you as part of the security audit. The auditor will issue a report to us which we may share with Stripe, our Payment Method Providers and Payment Methods Acquirers.

Force Majeure

Neither party will be liable for any delays in processing or other non-performance caused by telecommunications, utility failures, or equipment failures; labour strife, riots, war, or terrorist attacks; non-performance of our vendors or suppliers, fires or acts of nature; or any other event over which the respective party has no reasonable control. However, nothing in this section will affect or excuse your liabilities or your obligation to pay Fees, Fines, Disputes, Refunds, Reversals, or Returns under this Agreement.

Your Liability For Third-Party Claims Against Us

Without limiting, and in addition to, any other obligation that you may owe under this Agreement, you are at all times responsible for the acts and omissions of your employees, contractors and agents, to the extent such persons are acting within the scope of their relationship with you.

You agree to defend Qodify, our affiliates, and their respective employees, agents, and service providers against any claim, suit, demand, loss, liability, damage, action, or proceeding brought by a third party against Qodify, and you agree to fully reimburse Qodify for any Claims that result from: (i) your breach of any provision of this Agreement; (ii) any Fees, Fines, Disputes, Refunds, Reversals, Returns, or any other liability we incur that results from your use of the Payment Processing Services; (iii) negligent or wilful misconduct of your employees, contractors, or agents; or (iv) contractual or other relationships between you and Customers.

Important Note for Sole Proprietors: If you are using Services as a sole proprietor, please keep in mind that the Law and the terms of this Agreement consider you and your business to be legally one and the same. You are personally responsible and liable for your use of the Services, payment of Fees, Refunds, Reversals, Fines, losses based on Disputes or fraud, or for any other amounts you owe under this Agreement for your failure to use Security Controls, and for all other obligations to us and to your Customers. You risk personal financial loss if you fail to pay any amounts owed.

Representations and Warranties

By accepting the terms of this Agreement, you represent and warrant that: (a) you are eligible to register and use the Services and have the authority to execute and perform the obligations required by this Agreement; (b) any information you provide us about your business, products, or services is accurate and complete; (c) any Charges represent a Transaction for permitted products, services, or donations, and any related information accurately describes the Transaction; (d) you will fulfil all of your obligations to Customers and will resolve all Disputes with them; (e) you will comply with all Laws applicable to your business and use of the Services; (f) your employees, contractors and agents will at all times act consistently with the terms of this Agreement; (g) you will not use Qodify services for personal, family or household purposes, for peer-to-peer money transmission, or (except in the normal course of business) intercompany Transactions; and (h) you will not use the Services, directly or indirectly, for any fraudulent or illegal undertaking, or in any manner that interferes with the normal operation of the Services.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

  1. Application means the software program provided by the Company downloaded by you on any electronic device, named Qodify
  2. Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application has been downloaded.
  3. Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
  4. Account means a unique account created for you to access our service or parts of our service.
  5. Country refers to: Ireland
  6. Company (referred to as either "the Company", "we", "Qodify" or "our" in this Agreement) refers to Qodify Payments Limited, 10 Fitzwilliam Square East, Dublin 2.
  7. Device means any device that can access the service such as a computer, a cellphone or a digital tablet.
  8. Feedback means feedback, innovations or suggestions sent by you regarding the attributes, performance or features of our service.
  9. Service refers to the Application, the Website and the payment service provided.
  10. Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between you and the Company regarding the use of the Service.
  11. Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the service.
  12. Website refers to Qodify.com, accessible at https://www.qodify.com
  13. You means the individual accessing or using the service, or the company, or other legal entity on behalf of which such individual is accessing or using the service, as applicable.
  14. Dispute means an instruction initiated by a Customer for the return of funds for an existing Charge (including a chargeback or dispute on a Payment Method).
  15. Fine means any fines, levies, or other charges imposed by us, a Payment Method Provider or a Payment Method Acquirer, caused by your violation of Laws or this Agreement, or as permitted by the applicable Payment Method Rules.
  16. Refund means an instruction initiated by you to return funds to a Customer for an existing Charge.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:
By email: legal@qodify.com