By using Callpay’s Platform (“the Service”), you, as the Merchant, agree that you have read, understand and are bound by:
these Merchant Service Terms – Merchant Acquired Payment Services (“Service Terms”);
the Merchant Service Terms – General (“General Terms”);
the provisions of the relevant hardcopy or electronic application form relevant to the Service (“Application Form”); and
any notices which may be published under “Notices” on the Website from time to time.
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 (“the Agreement”) between you and Callpay.
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.
DURATIONThe Agreement shall commence with effect from the date of activation of the Service by Callpay which date shall not be earlier than the requested commencement date set out in your Application Form and shall endure until either of us terminates it in accordance with the General Terms.
THE SERVICE
General: Callpay will, in accordance with your selection as set out in the Application Form, act as a payment solution provider to you by providing you with access to the Callpay Services including any associated Software, Integration Documents and other Documentation. The Service is supported by a comprehensive web application which can be used by you as a Merchant, to facilitate payment acceptance, manage orders and view transaction reporting.
Payment Card Processing: The option enables you, as the seller of products and/or services, to receive online payments from third parties via e-commerce enabled payment cards (for example, Visa, MasterCard, American Express and Diner’s Club) utilizing the Callpay Platform. You are required to have an acquiring account and Payment Processor to comply with the rules imposed by the card payment associations and your acquiring bank. On your website you will be required to indicate the methods of payment which a Payer is able to use in order to make a payment to you, based on the methods selected by you in your Application Form. Upon payment by the Payer to you, we will send the payment instruction to your payment processor and upon receipt of any response from the payment processor, Callpay will forward such response to you.
Alternative Payment Methods: The Service enables you, as the seller of products and/or services, to receive online payments from third parties via certain other payment methods selected by you in your Application Form (such as, but not limited to EFTX) (each referred to as an “Alternative Payment Methods” or “APM”). On your website you will indicate the relevant APM’s which a Payer is able to use in order to make a payment to you, based on the methods selected by you in your Application Form. Upon payment by the Payer to you, we will process the relevant APM, in accordance with the payment method selected by the Payer, and upon completion of the payment, Callpay will forward such response to you.
MOTO: If you select a MOTO enabled Service, you are required to have an MOTO enabled acquiring account and payment processor account to comply with the rules imposed by the card payment associations and any agreements with your acquiring bank.
You acknowledge and agree in order to utilise the Service you need to have entered into a contractual relationship with the relevant third party payment service provider for each payment method you have selected in your Application Form. This means that for credit card payments, you need to have your own merchant acquiring account with a South African bank and account with a registered payment processor approved of by Callpay.
You acknowledge that APMs can be provided to you by relevant APM Providers and Callpay merely facilitates the receipt of payment via these APMs by virtue of the Callpay platform being pre-integrated with the APM Providers’ systems (thus doing away with the need for your website to be integrated with each such APM). Consequently, any failures or problems you experience with any of the APM’s should be taken up directly with the relevant APM Provider in terms of your agreement with it.
Regarding your merchant acquiring account specifically, you are responsible for informing us in the Application Form (and keeping us accurately informed over time as circumstances may change) as to whether or not your website needs to be integrated with the Service such that (a) certain card transactions are processed utilising additional security measures (such as ‘MasterCard SecureCode’ or ‘verified by VISA’ by way of example) (“3D Secure”); (b) such 3D Secure check may be by-passed for certain transactions; and (c) transactions may be proceeded with despite a 3D Secure check failure. Note that your instructions to us as regards (a) to (c) as aforesaid depends on your agreements with your acquiring bank and payment processor in this regard and in the event of any conflict between your instructions to us in this regard, and the instructions we receive from your payment processor, we will act on your payment processor instructions. If you do not use 3-D Secure or you select to use our Callpay Scheduler, you further understand and agree that you expose yourself to risk and you will be liable (legally responsible) for fraudulent or incorrect transactions even if the transaction was authorised by other means. You hereby indemnify and hold harmless Callpay against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses arising from your failure to use 3D Secure or set up incorrect payment schedules on the Callpay platform.
You shall not make any warranty or representation whatsoever in relation to the Services which may bind Callpay, your payment processor, acquiring bank or relevant APM Provider and make them liable in any way whatsoever.
SERVICE FEES AND PAYMENT TERMS
The Service Fees applicable to the Service are specified in the Application Form.
To the extent that you require Callpay to debit the Service Fees due to it on a periodic basis, you hereby authorise Callpay to effect the necessary transfers from your designated bank account at the beginning of each and every period so agreed for the continued duration of the Service.
To the extent that you elect to be invoiced, Callpay will invoice you in advance in respect of the relevant Service Fee/s so payable and you shall be obliged to pay such Service Fees on the payment date specified in the invoice.
