Payoneer Terms & Conditions

תוצאת תמונה עבור ‪payoneer logo‬‏

Payoneer Terms and Conditions for Billing Service and Initiate Payments

December 2018

 

Thank you for making a payment using Payoneer’s Billing Service and Initiate Payments, which are governed by these Terms and Conditions. Please read them carefully.

 

Jump to section:

1.       ABOUT PAYONEER  1

2.       THESE TERMS AND CONDITIONS  2

3.       PAYER INTERFACE AND REGISTRTIRON   2

4.       MAKING A PAYMENT  4

5.       FEES  6

6.       COMMUNICATIONS  6

7.       PROHIBITED TRANSACTIONS  7

8.       CANCELLATION OF PAYMENT, CHARGEBACKS AND REFUNDS  9

9.       EFFECT OF THESE TERMS AND CONDITIONS  10

10.     LIABILITY  11

11.     COMPLAINTS  12

12.     DATA PROTECTION/PRIVACY POLICY  13

13.     GENERAL  13

14.     DEFINITIONS  13

 

1.        ABOUT PAYONEER

Payoneer Inc., a Delaware corporation, and Payoneer (EU) Limited, a Gibraltar company, are providers of payment processing services.  Payoneer Inc. is a Money Service Business (“MSB”) registered with FinCEN and is a licensed money transmitter under the laws of various states in the United States of America. Payoneer (EU) Limited is authorized as an electronic money institution by the Gibraltar Financial Services Commission and licensed thereby to provide payments services. Payoneer (EU) Limited is a Gibraltar company (Registered number 105734) with its registered office at 57/63 Line Wall Road, PO Box 199, Gibraltar. Payoneer (UK) Limited is a wholly owned subsidiary of Payoneer Inc., with its principal office at 5 Southampton Place, London, WC1A 2DA, United Kingdom. Any reference in these Terms and Conditions to “Payoneer”, “us”, “our” or “we”, shall refer to Payoneer Inc., Payoneer (EU) Limited or Payoneer (UK) Limited, according to the entity providing its part of the Billing Service as detailed in these Terms and Conditions.

 

2.        THESE TERMS AND CONDITIONS

This document contains important terms and conditions applicable to any person or entity making a payment via Payoneer’s Billing Service (the "Payer" or "you") to a payee registered with Payoneer to receive payments to its Payoneer balance (the “Payee”), due for commercial transaction between businesses.

Payment via this service may be made independently, by eligible Payers who completed their registration with Payoneer and were approved to initiate payments (“Initiate Payments”), or in response to a payment request (“Payment Request”) made by a Payee to receive payment from the Payer. 

These Terms and Conditions apply only to payments made through the Payoneer Billing Service as detailed herein. To the extent you wish to use additional Payoneer Services, you may have to accept additional terms and conditions as notified to you when you register for or use such services.

The Billing Service and other Payoneer Services involve the provision of payment services and electronic money. Our e-money issuance and payment services are primarily regulated under the EU Electronic Money Directive and the EU Payment Services Directive (PSD) as implemented in Gibraltar by the Gibraltar Financial Services (Electronic Money) Regulations 2011 and the Gibraltar Financial Services (EEA) (Payment Services) Regulations 2018 (Regulations) as may be amended from time to time. As we are a business-to-business payment solutions provider, to the extent permissible by law, the following parts of the Regulations are hereby excluded from these Terms & Conditions: Part 3 and the following regulations of Part 4: regulations 60(1), 62(4), 70, 72, 74, 75, 78 and 86 do not apply or are varied as specified herein. In addition, the time-frame for notification of unauthorized transactions (regulation 69) is varied as specified herein. Please also note that in many cases the Payoneer Services will involve transactions between jurisdictions that do not have the same payments laws and where different payment service providers may be involved in the transactions between payer and payee, as such many of the provisions of the Directive may not apply. In some cases, the Payoneer Services may also involve the provision of electronic money by Payoneer under the terms herein and any Payoneer Card terms provided by Payoneer or its prepaid card issuing partners. Separate terms shall apply to any prepaid card services.

 

3.        PAYER INTERFACE AND registration 

3.1         You may choose to sign up to Payoneer’s online platform for Payers (the “Payer Interface”) by saving your payment details with Payoneer. The Payer Interface provides you with easy access to Payment Requests you received and tools to manage and track your payments (including by providing you with information of your activity as a Payer on the Billing Service). The Payer Interface makes future payments to Payees easier and faster. When you sign up to use the Payer Interface, you will be required to set up a password to protect your payment details and information saved by us.

3.2         If you are eligible you may also apply to register with Payoneer to Initiate Payments subject to Payoneer’s Know Your Customer (“KYC”) process and Payoneer’s approval policies in place at the time of your application. When you register with Payoneer to Initiate Payments, you authorize Payoneer, directly or through third parties, to make any inquiries we consider necessary to validate your identity or the identity of your company, as applicable. This may include asking you for further information, requiring you to provide your date of birth, a taxpayer identification number and other information that will allow us to reasonably identify you or your company, requiring you to take steps to confirm ownership of your email address or financial instruments, ordering a credit report, or verifying your information against third party databases or through other sources. We may also ask to see your driver’s license, passport or other identifying documents, as well as certain company documentation, at any time. Federal law requires that Payoneer verify some of your details or your company’s details. Payoneer reserves the right to close, suspend, or limit access to the Payer Interface or the Payoneer Billing Service in the event we are unable to obtain or verify this information or if the information does not satisfy our requirements.

3.3         If you are providing payment details or registration information on behalf of a business or commercial entity, you must be legally authorized under the business entity’s formation documents and/or under applicable law to agree to these Terms and Conditions and provide such information.

3.4         You must ensure that any information you provide to us is always accurate and up to date and we shall not be liable for any loss arising out of your failure to do so. You should report any irregularities or clarify any questions you have as soon as possible by contacting Payoneer Customer Care.

3.5         You must take all reasonable steps to keep your username and password to log in to your Payer Interface safe at all times and never disclose it to anyone. Payoneer representatives will never ask you to provide your password to us or to a third party. Any message you receive or website you visit that asks for your password, other than the Payoneer website, should be reported to us. If you are in doubt whether a website is genuine, you should contact Payoneer Customer Care. It is advisable to change your password regularly by following the instructions on your Payer Interface in order to reduce the risk of a security breach. We also advise you not to choose a password that is easily determined from information someone may know or gather about you.

3.6         If you have any indication or suspicion of your login details, password or other security feature being lost, stolen, misappropriated, used without authorization or otherwise compromised, you must immediately change your password, and contact Payoneer Customer Care. Any delay in or failure to notify us may not only affect the security of your Payer Interface but may result in you being liable for any losses as a result.

3.7         We may suspend your access to the Payer Interface or otherwise restrict its functionality, for reasons related to compliance with anti-money laundering regulations or Payoneer risk management policies where we have objectively justified reasons relating to the security of the Payer Interface or the suspicion of unauthorized or fraudulent use of the Billing Services and the Payer Interface.

3.8         Regardless of whether you are using a public, a shared or your own computer to access your Payer Interface, you must always ensure that your login details are not stored by the browser or cached or otherwise recorded. You should never use any functionality that allows login details or passwords to be stored by the computer you are using. If you allow another person to have access to your Payer Interface, we will treat this as if you have authorized such use, and you will be liable for all transactions and fees incurred by such use. You are responsible for the use of the Payoneer Services according to these Terms and Conditions.

3.9         We may close the Payer Interface and terminate these Terms and Conditions by providing you with a written notice via email. You may terminate your use of the Payer Interface and these Terms and Conditions by writing to us through the Contact Us page on the Payoneer website. Termination of these Terms and Conditions will not affect any of the rights or obligations arising under these Terms and Conditions prior to termination.

4.        MAKING A PAYMENT

When you Initiate Payments or paying a Payment Request, you may do so by using debit and/or credit cards (“Your Card”) or by debiting your US bank account (“Your US Bank”).

Paying with Your US Bank.

You can pay using Your US Bank only if you have one and are in good standing therein.  If you choose to make a payment to a Payee from Your US Bank the transaction will be in US Dollars only and the payment will be made (where available) by eCheck or a direct payment via the US ACH network (“ACH Payment”). Payments made from Your US Bank will typically reach Payee within 3 to 5 business days from approval of payment transaction by both your US Bank and Payoneer.

Paying with Your Card.

If you have signed up with Payoneer to use the Payer Interface, you can use Your Card to Initiate Payments or pay a Payment Request via the Payer Interface. Payoneer will process your payment and credit the relevant amount paid to your Payees’ balance with Payoneer. Payoneer Inc. will be processing payments made by all Payers, except for Payers in the European Economic Area (“EEA”) countries, and Payoneer (EU) Limited will be processing payments made by Payers in the EEA.

A payment transaction made via Your Card may currently be in US Dollars, Euros or British Pounds only. Additional currencies may be enabled from time to time. If you pay a Payment Request, the payment currency will be as specified by the Payee. When you Initiate Payments, you can only pay via currencies supported by Payoneer for your Payee as applicable.  If Your Card`s main currency is not US Dollars, Euros or British Pounds, the payment transaction may be converted into US Dollars, Euros, British Pounds or any additional currency as applicable for purpose of making the payment to the Payee and you may be charged conversion fees, as determined by the issuer of Your Card. Payments (other than EEA Payments, as described in the following sentence) made via Your Card through the Billing Service will reach the Payee within 2 Business Days from approval of the payment transaction by both the issuer of Your Card and Payoneer. Payments via Your Card in Euros or British Pounds made as Payer within the EEA or payments via Your Card to Payees within the EEA (“EEA Payments”), shall be made available to the Payee on the same Business Day that your payment has been credited to us (provided that payment orders we receive after 3pm CET on a Business Day will be treated as received on the following Business Day).

If you have not signed up to Payoneer’s Payer Interface, when you make a payment to a Payee, in response to a Payee’s Payment Request by using your Card, when we process such payment, you will be purchasing from either one of Payoneer Inc. stored value issued by it, Payoneer (EU) Limited stored value issued by it , and when purchasing stored value from Payoneer (UK) Limited, it will be acting as the reseller of stored value issued by Payoneer Inc. or Payoneer (EU) Limited. Payoneer Inc. will be issuing stored value and processing payments made by all Payers, except for Payers in the European Economic Area (“EEA”) countries, and Payoneer (EU) Limited will be issuing stored value and processing payments made by Payers in the EEA, which in both cases will be credited to a stored value balance created by Payoneer Inc. or Payoneer (EU) Limited (as applicable) on your behalf. You authorize Payoneer Inc. or Payoneer (EU) Limited (as applicable) to debit this balance to pay the Payee the amount you have agreed, less any Fees as detailed below. The Payee must be in good standing with Payoneer in order to receive payments through the Billing Service. 

In order to make a payment, you must complete the required information on the relevant pages on the Payoneer website and select the desired method for making your payment. You are solely responsible for the credit card or bank account information you provide to Payoneer, which must be true and accurate, and for the availability of sufficient funds in your selected means of payment. If you are making a payment to a Payee without first receiving a Payment Request, you confirm that you have lawfully obtained the Payee’s approval to initiate the payment, and submit his/her personal information, for purposes of making payments to the Payee through Payoneer.  

If you are making a payment in response to a Payment Request, your payment will be made in the currency indicated in the Payment Request.

Payment transactions via Your Card are currently limited to US$10,000, €10,000 or £10,000 per payment transaction and to an aggregate daily limit of US$10,000 per Business Day. Limits may apply to amount per payment transaction made from Your US Bank, as will appear on the payment transaction page. If you have saved your payment details, and/or are registered with Payoneer as a Payer, we may notify you via email upon any change or modification of the above limits. Your continued use of the Billing Service following receipt of such notice will indicate that you have agreed to the updated or modified limits.

We reserve the right to reject or limit payments at any time for reasons related to compliance with anti-money laundering regulations or Payoneer risk management policies where we have objectively justified reasons relating to the security of the Billing Service or the suspicion of unauthorized or fraudulent use of the Billing Service.  When rejecting a payment, Payoneer will notify you unless doing so would comprise security measures or is otherwise unlawful. Payments made by Payers that are not approved by Payoneer will be declined and returned to the Payer.  You may be charged by Your US Bank or the issuer of Your Card for fees and other expenses associated with declined payments. Costs and expenses associated with declined payments or fees incurred by or charged to Payoneer shall be borne by the Payee, subject to the Payoneer terms and conditions that apply to the Payee.

You should only make payments using the Billing Service for due payments, and/or in connection with commercial transaction for the sale of goods and/or services in the course of a commercial transaction between business. If you do not wish to pay a Payee who sent you a Payment Request, or if you dispute the requested amount, you should reject the Payment Request and not proceed to make the requested payment. Please notify the Payee of the rejection. 

Before you complete a payment transaction you will receive a summary on the payment transaction page on the Payoneer website that will set out: (i) the amount of the transaction in the transaction currency; (ii) the maximum total fee that will be charged by us for the transaction, together with a breakdown where applicable (it being understood that with respect to EEA Payments  fees will not be charged to the Payer); (iii) the information you need to provide in order for the transaction to be executed. 

Upon completion of the payment transaction you will be provided with the following information: (i) transaction reference number that is unique to your payment; (ii) confirmation of the exact amount Payoneer Inc. or Payoneer (EU) Limited (as applicable) are paying on your behalf; (iii) the charges or fees that have been paid to us for this transaction, together with a breakdown where applicable (it being understood that with respect to EEA Payments the Billing Service Fees will not be charged to the Payer); and (iv) the date on which we received the payment order from you.

5.        FEES

The fees charged by Payoneer for a payment transaction utilizing the Billing Service are specified in the transaction page on the Payoneer website (“Fees”), and are incorporated herein by reference and form part of these Terms and Conditions.  In payment transactions that are not EEA Payments (as defined above), you may choose to pay the Fees yourself or have them deducted on account of the payment you are making to the Payee. For payment transactions that are EEA Payments, the Payee shall pay such Fees.

If the payment via Your Card to a Payee is in a currency other than the currency of Your Card, the transaction may be converted by the issuer of Your Card to the currency of Your Card (regardless of the location of the Payee) and other fees may apply, as determined by the issuer of Your Card. Cross border fees may be charged by the issuer of Your Card as well.

You shall be responsible for any other fees charged by the issuer of Your Card or by Your US Bank, depending on the type of payment method selected.

 

6.        COMMUNICATIONS

To the fullest extent permitted by law, these Terms and Condition and any other notices or other communications from Payoneer to you regarding our services ("Communications") may be provided to you electronically, and you consent and agree to receive Communications in an electronic form. Electronic Communications may be posted on the pages within the Payoneer website and/or delivered to your email address. -You must ensure that your email address on record with Payoneer is always accurate and up to date and we shall not be liable for any loss arising out of your failure to do so. Where legislation requires us to provide information to you on a durable medium, we will either send you an e-mail (with or without attachment) or send you a notification pointing you to information on our website in a way that enables you to print and retain the information or another format that can be retained by you permanently for future reference. You are required to keep copies of all communications we send or make available to you.

In order to view emails you need a computer with e-mail software that can display e-mails in HTML format. We may also send you attachments in Adobe Systems Inc.’s Portable Document Format (PDF), for which you need Adobe’s Acrobat Reader, which can be downloaded for free at www.adobe.com. We will make available different languages for communication, but we reserve the right to communicate with you in English and you will always accept communications made to you in English.

 

7.        PROHIBITED TRANSACTIONS

Your use of the Payoneer Billing Service and Initiate Payments to make payments or of the website may not be for any illegal, fraudulent or other prohibited activity. If Payoneer suspects that you may be engaging in or have engaged in a fraudulent, illegal or prohibited activity, including any violation of these Terms and Conditions, your access to the Payoneer service and website may be suspended or terminated. Additionally, depending on the severity of the violations, we might contact law enforcement.

It is strictly forbidden to make payments as consideration for or in connection with:

·         Any illegal act;

·         Antiques and art;

·         Drugs, alcohol, or drug paraphernalia, or items that may represent these uses;

·         Obscene or pornographic items, adult businesses or adult related services, including escort services, adult massage, or other adult-entertainment services, adult performer regardless of sexual orientation;

·         Digital currency;

·         Forex or Binary or any other variation of trading;

·         Payday loans;

·         Debt elimination, consolidation, or reduction services;

·         Donations;

·         Collection agencies;

·         Credit protection or identity theft protection services;

·         Utility bill payment services;

·         Gambling or betting, including lottery tickets, casino gaming chips, off-track betting, memberships on gambling-related internet sites and wagers at races;

·         Self-funding and/or Self-compensation (including by way of paying an entity controlled by you);

·         Trusts and Asset Management services;

·         Crowdfunding;

·         Peer to peer payments for personal purposes that are not related to business purposes;

·         Precious metals and Rare earth minerals;

·         Online dating;

·         Healing services and related products.

·         Pseudo-pharmaceuticals, Vitamins and supplements.

·         Financial institutions, including Investment Firms;

·         Multi-level marketing;

·         Insurance sales and services;

·         Sales of stocks;

·         Tax refunds;

·         Sales of money-orders or foreign currency;

·         Wire transfer money orders;

·         Reselling prepaid cards or gift cards\certificates;

·         Personal use such as gifts, loans or payments from friends and family;

·         Prescription drugs;

·         Cigarettes, tobacco or e-cigarettes;

·         Internet, mail or telephone order pharmaceutical or pharmacy referral services;

·         Medical equipment, Prescription devices, controlled substances, unapproved drugs, unapproved medical devices;

·         Medical or healthcare services, including services for medical treatment, rehabilitation, vaccination, health checks, psychological counseling, dietetics, plastic surgery, surrogacy and massage;

·         Items that promote hate, violence, racial intolerance, or the financial exploitation of a crime;

·         File sharing websites allowing sharing, viewing or download of copyrighted content;

·         Goods or services that infringe on the intellectual property rights of a third party;

·         Products or services that process pop-ups or contain, promote, reference or link to any spyware, malware, virus, back-door, drop dead device or other program installation;

·         Live animals;

·         Products made from the skin of snakes, crocodiles or seals;

·         Real estate sale Unlicensed MSB’s and unlicensed escrow services;

·         Safe deposit services;

·         Bestiality;

·         Virtual POS;

·         Lotions;

·         Esoteric services (ex: astrology, psychic reading etc.);

·         Modification Chips and Circumvention Devices;

·         Fireworks;

·         Timeshares;

·         Illegal Wildlife Trade;

·         Airlines;

·         Official Identifications;

·         Weapons (including without limitation, knives, guns, firearms or ammunition); or

·         Vacation Services (for example - apartment rental/booking agencies/car rentals/tour guides).

·         Books and/or Articles Publishing Services.

·         Academic essay writing.

·         Health and beauty products, Cosmetics;

·         Replica and/or unlicensed branded goods;

·         Payroll

·         Food and beverages; or

·         Any other category or payer that Payoneer decides to prohibit, in its sole discretion.

It is strictly forbidden to use the Payoneer Billing Service and Initiate Payments for any illegal purposes including but not limited to fraud and money laundering. We will report any suspicious activity to the relevant law enforcement agency. You are prohibited from using the Payoneer Billing Service in any attempt to abuse, exploit or circumvent any law or regulation. 

You may only use the Payoneer services to pay a Payee for goods and/or services of a commercial transaction whose delivery or completion has been confirmed.. You may not use the Payoneer Services to make payments if you are a consumer.

You may not use the Payoneer Services if you are residing, working or conducting business in any country restricted by the U.S. Office of Foreign Assets Control in the United States Department of Treasury  (OFAC) viewable at http://www.treasury.gov/about/organizational-structure/offices/Pages/Office-of-Foreign-Assets-Control.aspx  and any country we may restrict from time to time in our sole discretion.

We reserve the right to suspend or terminate your use of the Payoneer Billing Service at any time if we reasonably believe to be required to do so by law or in order to comply with recommendations issued by a relevant government authority or recognized body for the prevention of financial crime.

If you conduct or attempt to conduct any transaction using the Billing Service in violation of the prohibitions contained herein or without the necessary approval from Payoneer, we reserve the right to (i) reverse the transaction; (ii) terminate or suspend your use of the Payoneer Billing Service; and/or (iii) report the transaction to the relevant law enforcement agency.

 

8.        CANCELLATION OF PAYMENT, CHARGEBACKS AND REFUNDS

Except as set forth in these Terms and Conditions, all payment transactions processed through the Payoneer Billing Service are non-refundable to you by Payoneer and are non-reversible by you through the Payoneer Billing Service. You may not charge back any payment transaction made or allow a chargeback of any payment transaction for reasons other than unauthorized or fraudulent use of Your Card, or for other reasons in accordance with the agreement with Your US Bank or issuer of Your Card. However, in case of a payment that was incorrectly executed due to an error by us, we shall within 2 to 4 Business Days from your written request refund the payment amount including all fees deducted therefrom, provided that you deliver such request to us, together with the details of the incorrectly executed transaction, within sixty (60) calendar days from the date of the transaction. You may also approach our Customer Care pursuant to the information provide in Section 11 below, with any inquiry or compliant about a failure by us to complete your payment transaction. You should review your periodic statement received from Your US Bank or the issuer of Your Card, which should reflect transactions done through the Payoneer Billing Service.

If you are unhappy with deliverables provided by the Payee in consideration for your payment through our Billing Service, you should contact the Payee directly to resolve your differences. Payoneer (and its agents and employees) will not be responsible or liable for any claims, demands, and damages (actual and consequential) resulting from or in any way connected with the commercial transaction between you and Payee and any dispute between you arising therefrom in respect to which payment was made via our Billing Service (including but not limited to with respect to the proper and timely delivery of goods or services).

9.        EFFECT OF THESE TERMS AND CONDITIONS

If you have signed up to use the Payer Interface, you are responsible for regularly reviewing these Terms and Conditions before making a payment to a Payee using the Payoneer Billing Service. You can always view the current Terms and Conditions in your Payer Interface. Payoneer may amend or change the terms of these Terms and Conditions at any time and we will notify you of any changes via your email address and shall try to give you advance notice of material changes prior to their coming into effect. Any material changes will come into effect following the applicable notice to you. Any such change will not affect any transaction that was initiated prior to the effective date of such change. Your continued use of the Billing Service as a Payer after notice of the changes shall constitute your consent to such changes. 

If you have not signed up to use the Payer Interface, you agree that these Terms and Conditions as in effect at the time of utilizing the Payoneer Billing Service shall apply to the payments you make using the Payoneer Billing Service.

 

10.    LIABILITY

10.1     It is entirely your and not our responsibility to ensure that you only make payments to persons or entities in connection with commercial transactions and in compliance with any applicable laws and regulations. The mere fact that a person or entity accepts payments through us is not an indication of the legality of the supply or provision of their goods and services. If you are in doubt as to the legality of a supply or purchase, you should not continue with your payment.  Payoneer does not have control over a Payee’s actions. Payoneer makes no representation or warranty as to any products and services provided by any Payee.

10.2     We shall not be liable for any losses or damages arising from your use (downloading, opening and/or viewing) any file received by you as attachment to a Payment Request (each an “Attachment”) nor do we accept any responsibility for the content of the Attachment or for the consequences of any actions taken on the basis of the information provided in such Attachment. Please be advised that although we have taken reasonable precautions to ensure no viruses are present in the Attachment, it is entirely your responsibility to carry out your own virus check before using (downloading, opening and/or viewing) any such Attachments.

10.3     We shall not be liable for any disruption or impairment of our service or for disruptions or impairments of intermediary services on which we rely for the performance of our obligations hereunder, provided that such disruption or impairment is due to abnormal and unforeseeable circumstances beyond our reasonable control or the control of the intermediary affected.

10.4     We shall not be liable for any losses arising from our compliance with legal and regulatory requirements.

10.5     Nothing in these Terms and Conditions shall operate to exclude liability for gross negligence, fraud or fraudulent misrepresentation or for any statutory liability that cannot be excluded or amended by agreement between the parties.

10.6     Our obligation under these Terms and Conditions is limited to providing you with payment services and we are not responsible for the quality, safety or legality of any goods or services provided by a Payee.

10.7     You agree to defend, reimburse or compensate us and hold us, our other companies in our corporate group and any third parties on which we rely or partner with to deliver products and service harmless from any claim, demand, expenses or costs (including legal fees, fines or penalties) that we incur or suffer due to or arising out of your or your agents` breach of these Terms and Conditions, breach of any applicable law or regulation and/or use of the Payoneer Services. This provision shall survive termination of the relationship between you and us.

10.8     YOUR USE OF THE PAYONEER BILLING SERVICE IS AT YOUR OWN RISK. THE PAYONEER BILLING SERVICE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND. PAYONEER HEREBY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, EXCEPT ANY LIABILITY BY LAW THAT CANNOT BE EXCLUDED.

IN NO EVENT SHALL PAYONEER, ITS AGENTS, REPRESENTATIVES, DIRECTORS, OFFICERS, EMPLOYEES AND AFFILIATES BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR INJURY OR ANY DAMAGES, EITHER DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS) RESULTING FROM OR IN ANY WAY CONNECTED TO YOUR USE OF THE PAYONEER BILLING SERVICE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL APPLY REGARDLESS OF WHETHER THE CLAIM ASSERTED IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. IN NO EVENT SHALL PAYONEER`S LIABILITY TO YOU AT ANY TIME EXCEED THE AMOUNT OF THE TOTAL FEES YOU PAID BY YOU TO PAYONEER. IN NO EVENT SHALL PAYONEER, ITS AFFILIATES, AGENTS, REPRESENTATIVES, DIRECTORS, OFFICERS, OR EMPLOYEES BE LIABLE FOR ANY ACT OR OMISSION RESULTING FROM CIRCUMSTANCE BEYOND THEIR REASONABLE CONTROL.

11.    COMPLAINTS

Any complaints about us or the services we provide should be addressed to us in the first instance by contacting Payoneer Customer Care. You should clearly indicate that you wish to make a complaint to us. This helps us to distinguish a complaint from a typical query. We may send an acknowledgement of complaint or request additional information form you regarding your complaint.

Our goal is to provide you with a prompt answer or resolution to your complaint where possible.  Nothing contained herein, however, constitutes a commitment by Payoneer to resolve your complaint.

Payoneer Customer Care can be reached at the following address and phone numbers or through the Contact Us page on the Payoneer website:

Payoneer Customer Care, Payoneer Inc.

150 West 30th Street, Suite 600, New York, NY, 10001

Phone: 1-800-251-2521 (within the USA) or 1-646-658-3695 (outside the USA) 

Any complaint against Payoneer (UK) Limited should also be addressed to Payoneer Customer Support at the above contact details or at the following address: Payoneer (UK) Limited, , 5 Southampton Place, London, WC1A 2DA, United Kingdom. If you are from an EEA country and the Billing Service is provided to you by Payoneer (EU) Limited and your complaint is not resolved to your satisfaction, you may refer your complaint to the Payment Services Team, Financial Services Commission, PO Box 940, Suite 3 Ground Floor, Atlantic Suites, Europort Avenue, Gibraltar, in writing or email psdcomplaints@fsc.gi.  

 

12.    DATA PROTECTION/PRIVACY POLICY

To enable the Payoneer Billing Service, Payoneer requests and stores personal information applicable to you or to the Payee. In order to make a payment to a Payee, and/or create a Payer username you will be required to provide certain personal information about you or the Payee. If you choose not to provide this information, you may not be able to make the uploaded transaction or access the Payer interface, as applicable. The information you provide, and Payoneer`s use of it, is subject to Payoneer`s Privacy Policy. By accepting these Terms and Conditions, you will also be deemed to have accepted our Privacy Policy.

 

13.    GENERAL

No person other than you shall have any rights under these Terms and Conditions. If you are an individual, you must be 18 years or older to make payments through the Payoneer Billing Service and by making a payment through this service you represent that you are 18 years or older. We may require at any time that you provide evidence of your age. Your obligations under these Terms and Conditions are personal to you and you may not assign any rights hereunder to any third party. We reserve the right to cease offering the Billing Service and terminate this agreement at any time.

The Billing Service is operated by Payoneer Inc. from the United States and by Payoneer (EU) Limited from Gibraltar. Payoneer (UK) Limited operates in the United Kingdom. These Terms and Conditions shall be governed by and interpreted in accordance with the laws of the State of Delaware in the United States of America for service provided by Payoneer Inc. and in accordance with the laws of Gibraltar for service provided by Payoneer (EU) Limited.

Any disputes, controversies or claims arising out of or in connection with these Terms and Conditions or otherwise in connection with your use of the Payoneer Billing Service shall (i) where the service is provided to you by Payoneer Inc. be brought exclusively in the courts of the State of Delaware (except where prohibited by US law) who shall have exclusive jurisdiction in relation to same,  and  (ii) where the service is provided to you by Payoneer (EU) Limited be brought  exclusively in the courts of Gibraltar who shall have exclusive jurisdiction in relation to same.

If any part of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, unlawful or unenforceable then such part shall be severed from the remainder of the Terms and Conditions, which shall continue to be valid and enforceable to the fullest extent permitted by law.

 

14.    DEFINITIONS

“Business Day” means any day other than a Saturday or a Sunday, and (i) if is the service hereunder is provided to you by Payoneer Inc. - a public or bank holiday in the United States, or (ii) if the service hereunder is provided to you by Payoneer (EU) Limited -  a public or bank holiday in Gibraltar.

eCheck” means an electronic version or representation of a paper check enabling payment from Your US Bank after providing all required details.

“Fees” mean the charges payable for using the Payoneer Billing Service as set out above.

“Billing Service” means a payment processing service offered by us through our website under which a person or entity can make a payment to a Payoneer Payments Services Customer.

“Payoneer” means Payoneer Inc., Payoneer (EU) Limited, Payoneer (UK) Limited and their subsidiaries and affiliates.

“Payoneer Services” means all of our products and services and any other features, technologies and functionalities offered by us on our website or through other means.

 “Payoneer website” or “website” means the website available at www.payoneer.com.

“Terms and Conditions” means these Payoneer Terms and Conditions for Billing Service, published on the website and as may be amended from time.

“US ACH” means United States Automated Clearing House.


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