Merchant Express Terms

1. By using Callpay’s Express (the “Service”), you, as the Merchant, agree that you have read, understand and are bound by:
   1. these Merchant Service Terms – Callpay Express (“Service Terms”);
   2. the Merchant Service Terms – General (“General Terms”);
   3. the provisions of the relevant hardcopy or electronic application form relevant to the Service (“Application Form”); and
   4. any notices which may be published under “Notices” on the Website from time to time.
2. Your use of the Service indicates your acceptance without modification of these Service Terms, as read with the General Terms and the Application Form, which will together constitute a legal agreement (“Agreement”) between you and Callpay.
3. Unless the context clearly indicates the contrary, any term defined in the General Terms when used herein, shall bear the same meaning as defined in the General Terms. To the extent that there is any inconsistency between any provision of the General Terms and these Service Terms, then these Service Terms shall override the General Terms to the extent of the inconsistency.

The Agreement shall commence with the effect from the date of activation of the Service by Callpay which date shall not be earlier that the requested commencement date as set out in your Application Form and shall endure until either of us terminates it in accordance with the General Terms.

1. The Service enables you, as a Merchant, to send a Payment Request to your customers or payment makers (“Payers”) via Email, SMS or URL Link (“Express”) and to receive instant payment notifications of those payments. Such Express payments must be made using credit card, cheque card or EFTsecure through one of the South African banks supporting the EFTsecure Service, currently being Standard Bank, ABSA Bank, Nedbank, Capitec, First National Bank and Investec.
2. How the Payer Makes Payment
   1. The Payer simply clicks on the unique Callpay’s redirect responsive payment page link, a Payer will be provided with an option a make a payment to you using the Service.
   2. If the Service is selected, the Payer will be redirected to a page provided by Callpay, or its authorised service provider, in order to select his or her payment method (limited to card and EFT).
   3. After the payment method is selected, the Payer will be required to enter his/her payment credentials in order to proceed with the transaction.
   4. Once the Payer has confirmed payment, Callpay will match the payment to your Payer’s transaction and send you an instant payment notification that payment from such Payer has been successful, expired or failed.
3. Receipt of Funds
   1. Card funds would be subject to your standard Merchant conditions with your payment service provider and/or bank.
   2. Instant EFT funds would be subject to your EFTsecure service terms, generally subject to normal bank settlement times.
4. Refunding your Payers
   1. The Service does not include the processing of any refunds to your Payers, via your card processor or via Callpay for EFTsecure transactions..

Callpay or its authorised service provider reserves the right to:

1. impose an upper limit on the amount of a single transaction which will be accepted through the Service;
2. impose certain limits with regards to the flow of funds in the system including, but not limited to, funds received and funds withdrawn. Details of these limits will be available on the Website from time to time; and
3. freeze or suspend your access to the Service for an indefinite period if there is suspicion of any illegal activity taking place or for any other reason whatsoever.

1. Unless otherwise agreed with you in writing, the specific Service Fees applicable to you are as set out in your Application Form or otherwise as set out on the Website.
2. The Service Fees are as follows:
   1. a set-up fee (if applicable);
   2. a fixed fee on each card and/or EFT payment successfully processed;
   3. a variable fee expressed as a percentage of the value of each card and/or EFT transaction successfully processed; and
   4. a fixed fee per pay-out of funds to you.
3. The Service Fees are due upon the processing of each relevant transaction or pay-out, as the case may be and are deducted from any funds we hold for you under this Agreement or invoiced monthly in arrears.
4. You are liable for the Service Fees levied on each EFT payment successfully processed irrespective of whether such payment is thereafter refunded to the Payer.  In the event that the funds held by PayU on your behalf are insufficient for the deduction of any applicable Service Fees, you remain liable for such Service Fees.
5. Callpay will not be held responsible for incorrect banking details being provided by you which may lead to funds being transferred to the incorrect party.

1. In addition to and without limiting the disclaimer provisions set out in the General Terms, but subject to your legal rights, the Service is provided to you without any warranty or representations (including that the service be error free, accurate and/or complete) and not subject to any condition, except as may be expressly provided otherwise in the Agreement.
2. You understand and acknowledge that the Service, as read with the General Terms, shall always be subject to the terms and regulations imposed by Callpay’s payment processors and service providers and your bank.

1. If you use the Service in a manner that violates the Agreement, including but not limited any prohibited conduct described in the General Terms or any other applicable Service Terms, we may be entitled to suspend or terminate the provision of the Services, as stated in the relevant provisions of our General Terms.