Checkout Buyer TnC
Introduction to the Services
These terms and conditions create a contract (“Agreement”) between you ("Buyer") and xPay (as defined below) and govern your use of the Services
xPay is the Merchant of Record and authorized reseller of the Product for the Supplier, which means that you purchase the Product from xPay using the Services, but the Product is licensed to you by the Supplier
Please read the Agreement carefully. By placing an order with xPay, you agree to the terms and conditions set out in both this Agreement and the Supplier Agreement
WHERE A PRODUCT IS DIGITAL CONTENT WHICH IS IMMEDIATELY MADE AVAILABLE, BY DOWNLOADING OR OTHERWISE ACQUIRING THE PRODUCT, YOU CONSENT TO IMMEDIATE PERFORMANCE OF THIS AGREEMENT AND ACKNOWLEDGE THAT YOU WILL LOSE YOUR RIGHT OF WITHDRAWAL FROM THIS AGREEMENT ONCE THE DOWNLOAD OR APPLICABLE TRANSMISSION OF THE DIGITAL CONTENT HAS BEGUN
If you are a Consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in this Agreement, including the Governing Law clause, affects your rights as a Consumer to rely on such mandatory provisions of local law
Definitions
"Business" refers to a Buyer who purchases the Product or uses the Services in connection with their trade, business, craft, or profession
"Confidential Information" encompasses any commercial, financial, or technical information; details about the Product; the Services; strategic plans, know-how, or trade secrets that are evidently confidential or have been explicitly identified as such, or that are developed by a party in fulfilling its obligations under, or otherwise in connection with, this Agreement
"Consumer" denotes a Buyer who acquires the Product or utilizes the Services primarily for personal use
"Digital Content" refers to data that is created and delivered in digital form
"xPay" refers to: Payport Inc., located at 8 The Green, Ste A, County of Kent, Dover, Delaware, US, 19901
In both cases, xPay is also referred to in this Agreement as 'us,' 'we,' and 'our.'
"xPay Checkout" denotes the online checkout system that Buyers use to purchase the Product and make payments to xPay via payment methods such as credit card, alternative payment methods, and bank transfer
"Product" means the Supplier's software or digital product(s) and/or Digital Content licensed for use by the Buyer under the terms of the Supplier Agreement
"Supplier" refers to the entity that licenses the Product
"Supplier Agreement" means the terms and conditions provided by the Supplier regarding the Product
"Services" encompasses xPay’s offerings through which you can buy, access, license, rent, or subscribe to the Product (including xPay Checkout)
"Transaction" refers to acquiring the Product through our Services, whether at no charge or for a fee
Contract Pretext
By completing a Transaction through xPay Checkout, you make a binding offer to enter into a contract with xPay, in accordance with the terms outlined in this Agreement. The Transaction process includes the following steps:
Step one: you choose the Product you wish to purchase and agree to the terms specified in the Supplier Agreement
Step two: we collect your personal data, which is necessary for processing the Transaction and delivering the Product, in line with the Privacy section below
Final step: you will have the opportunity to review all information once more and make any necessary corrections before finalizing the Transaction. The Transaction is completed when you click on the button labeled “order with obligation to pay” or a similar unambiguous statement indicating that placing the order requires payment
xPay will promptly acknowledge receipt of your order by sending you an order confirmation. This confirmation constitutes the formation of this Agreement and represents acceptance of your offer to purchase the Product
Your Agreement with xPay is established upon the successful transmission of the Product, subject to the conditions outlined in this Agreement
Software
If any Product provided involves, or consists of, software (“Software”), the Software is licensed to you by the relevant Supplier according to the terms specified in the Supplier Agreement that accompanies the Software (or other applicable terms related to non-Software Products, such as recurring purchases or billing services) or as otherwise agreed upon between you and the Supplier
Payments and Taxes
xPay will charge your selected payment method (such as your credit card, debit card, or any other available payment options) for any Transactions that involve payment, including any relevant taxes based on the tax jurisdiction where the Transaction occurs. If you pre-order the Product, you will be billed upfront. During this time; after delivery, the standard refund policy will apply
You consent to receiving all invoices and receipts electronically, including via email. Product prices are subject to change at any time. Should technical issues prevent or significantly delay the delivery of the Product, your sole remedy will be either a replacement of the Product or a refund of the amount paid, as determined by xPay. When providing your information, it is essential that it remains current and accurate. xPay will not be liable for any failure to deliver the Product due to incorrect information provided by you. For any amendments to your order, please contact us here. We reserve the right to cancel orders if we are unable to obtain payment authorization from your payment card issuer
You are responsible for supplying accurate payment details (including your unique bank transfer reference number), Company VAT/sales tax code, and order information. Providing this information correctly is essential to prevent delays in fulfilling your order, as we may be unable to reconcile or process refunds for transactions lacking the necessary details
Chargebacks
You agree to contact xPay before initiating a chargeback request or any dispute with your bank or card issuer regarding any TransactionWhile we understand that chargebacks can occur for various reasons, if you dispute a legitimate charge made through xPay by initiating a chargeback without valid grounds (as determined at our sole discretion), whether fraudulently or otherwise, we reserve the right to restrict your access to our Services. This action will be supported by compelling evidence refuting your invalid chargeback request
Chargebacks are not supported on products like Virtual Bank accounts.
Refund Policy
Refunds are provided at the sole discretion of xPay and on a case-by-case basis, and may be refused. xPay will deny a refund request if there is evidence of fraud, refund abuse, or other manipulative behavior that justifies xPay in counterclaiming the refundThis does not affect your rights as a Consumer regarding Products that are not as described, faulty, or not fit for purposeContract Updates
xPay reserves the right to modify this Agreement at any time and to introduce new or additional terms and conditions regarding your use of the Services. Any such changes will be communicated to you, and if accepted, they will take effect immediately, becoming part of this Agreement and applying to any future purchases of Products through the Services. If you choose not to accept these changes, xPay reserves the right to terminate the Agreement
In certain cases, like Virtual Account Transfers and others, xPay solely acts like a payment collection agent of the Supplier and hence will not be the point of contact for refunds or any issues with the delivery. Such cases may change as our banking partners change over time.
Transfer of Agreement to Supplier
This Agreement, along with xPay's rights and responsibilities under it, will automatically transfer to the Supplier upon receipt of a written request for the transfer from the Supplier. In such cases:
The Supplier agrees to adhere to this Agreement as though it were the original party in place of xPayYou will execute the Agreement and be subject to its terms as if the Supplier were the original party in place of xPay
In case of products like Virtual accounts and few others, the agreement is automatically transferred to the supplier without a written request.
Responsibilities and Liabilities
xPay disclaims any and all warranties, whether express, implied, or statutory, regarding the Services to the fullest extent permitted by law. Specifically, xPay does not guarantee that:
i) your use of the Services will be uninterrupted or error-free; ii) the Services or Products will be free from corruption, attack, viruses, interference, hacking, or other security breaches, which will be considered Force Majeure events, and xPay disclaims any liability related to such events. It is your responsibility to back up your own system, including any Products purchased, acquired, or rented through the Service
Under no circumstances will xPay, its partners, service providers, affiliates, or any of their respective directors, officers, employees, or agents be liable to the Buyer for any special, incidental, indirect, punitive, exemplary, or consequential damages, whether foreseeable or unforeseeable, arising from or related to this Agreement. This holds true regardless of whether either party has been advised of the possibility of such damages or whether claims are based on contract or tort
You may have the benefit of a manufacturer's, licensor's, or Supplier’s warranty for the Products supplied, and you should refer to the relevant documentation provided with the Product in this regard (including the Supplier Agreement)
Governing Law
This Agreement and the relationship between you and xPay, and all Transactions shall be governed by and construed under the laws of the State of Delaware, including its Uniform Commercial Code, without reference to conflict of laws principlesPrivacy
xPay will maintain appropriate administrative, physical, and technical safeguards to protect the security, confidentiality, and integrity of Buyer data, as described in xPay’s Privacy Policy, which can be found at https://www.xpaycheckout.com/privacy-policy (or at such other URL as xPay may provide from time to time)
Checkout Buyer TnC
Introduction to the Services
These terms and conditions create a contract (“Agreement”) between you ("Buyer") and xPay (as defined below) and govern your use of the Services
xPay is the Merchant of Record and authorized reseller of the Product for the Supplier, which means that you purchase the Product from xPay using the Services, but the Product is licensed to you by the Supplier
Please read the Agreement carefully. By placing an order with xPay, you agree to the terms and conditions set out in both this Agreement and the Supplier Agreement
WHERE A PRODUCT IS DIGITAL CONTENT WHICH IS IMMEDIATELY MADE AVAILABLE, BY DOWNLOADING OR OTHERWISE ACQUIRING THE PRODUCT, YOU CONSENT TO IMMEDIATE PERFORMANCE OF THIS AGREEMENT AND ACKNOWLEDGE THAT YOU WILL LOSE YOUR RIGHT OF WITHDRAWAL FROM THIS AGREEMENT ONCE THE DOWNLOAD OR APPLICABLE TRANSMISSION OF THE DIGITAL CONTENT HAS BEGUN
If you are a Consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in this Agreement, including the Governing Law clause, affects your rights as a Consumer to rely on such mandatory provisions of local law
Definitions
"Business" refers to a Buyer who purchases the Product or uses the Services in connection with their trade, business, craft, or profession
"Confidential Information" encompasses any commercial, financial, or technical information; details about the Product; the Services; strategic plans, know-how, or trade secrets that are evidently confidential or have been explicitly identified as such, or that are developed by a party in fulfilling its obligations under, or otherwise in connection with, this Agreement
"Consumer" denotes a Buyer who acquires the Product or utilizes the Services primarily for personal use
"Digital Content" refers to data that is created and delivered in digital form
"xPay" refers to: Payport Inc., located at 8 The Green, Ste A, County of Kent, Dover, Delaware, US, 19901
In both cases, xPay is also referred to in this Agreement as 'us,' 'we,' and 'our.'
"xPay Checkout" denotes the online checkout system that Buyers use to purchase the Product and make payments to xPay via payment methods such as credit card, alternative payment methods, and bank transfer
"Product" means the Supplier's software or digital product(s) and/or Digital Content licensed for use by the Buyer under the terms of the Supplier Agreement
"Supplier" refers to the entity that licenses the Product
"Supplier Agreement" means the terms and conditions provided by the Supplier regarding the Product
"Services" encompasses xPay’s offerings through which you can buy, access, license, rent, or subscribe to the Product (including xPay Checkout)
"Transaction" refers to acquiring the Product through our Services, whether at no charge or for a fee
Contract Pretext
By completing a Transaction through xPay Checkout, you make a binding offer to enter into a contract with xPay, in accordance with the terms outlined in this Agreement. The Transaction process includes the following steps:
Step one: you choose the Product you wish to purchase and agree to the terms specified in the Supplier Agreement
Step two: we collect your personal data, which is necessary for processing the Transaction and delivering the Product, in line with the Privacy section below
Final step: you will have the opportunity to review all information once more and make any necessary corrections before finalizing the Transaction. The Transaction is completed when you click on the button labeled “order with obligation to pay” or a similar unambiguous statement indicating that placing the order requires payment
xPay will promptly acknowledge receipt of your order by sending you an order confirmation. This confirmation constitutes the formation of this Agreement and represents acceptance of your offer to purchase the Product
Your Agreement with xPay is established upon the successful transmission of the Product, subject to the conditions outlined in this Agreement
Software
If any Product provided involves, or consists of, software (“Software”), the Software is licensed to you by the relevant Supplier according to the terms specified in the Supplier Agreement that accompanies the Software (or other applicable terms related to non-Software Products, such as recurring purchases or billing services) or as otherwise agreed upon between you and the Supplier
Payments and Taxes
xPay will charge your selected payment method (such as your credit card, debit card, or any other available payment options) for any Transactions that involve payment, including any relevant taxes based on the tax jurisdiction where the Transaction occurs. If you pre-order the Product, you will be billed upfront. During this time; after delivery, the standard refund policy will apply
You consent to receiving all invoices and receipts electronically, including via email. Product prices are subject to change at any time. Should technical issues prevent or significantly delay the delivery of the Product, your sole remedy will be either a replacement of the Product or a refund of the amount paid, as determined by xPay. When providing your information, it is essential that it remains current and accurate. xPay will not be liable for any failure to deliver the Product due to incorrect information provided by you. For any amendments to your order, please contact us here. We reserve the right to cancel orders if we are unable to obtain payment authorization from your payment card issuer
You are responsible for supplying accurate payment details (including your unique bank transfer reference number), Company VAT/sales tax code, and order information. Providing this information correctly is essential to prevent delays in fulfilling your order, as we may be unable to reconcile or process refunds for transactions lacking the necessary details
Chargebacks
You agree to contact xPay before initiating a chargeback request or any dispute with your bank or card issuer regarding any TransactionWhile we understand that chargebacks can occur for various reasons, if you dispute a legitimate charge made through xPay by initiating a chargeback without valid grounds (as determined at our sole discretion), whether fraudulently or otherwise, we reserve the right to restrict your access to our Services. This action will be supported by compelling evidence refuting your invalid chargeback request
Chargebacks are not supported on products like Virtual Bank accounts.
Refund Policy
Refunds are provided at the sole discretion of xPay and on a case-by-case basis, and may be refused. xPay will deny a refund request if there is evidence of fraud, refund abuse, or other manipulative behavior that justifies xPay in counterclaiming the refundThis does not affect your rights as a Consumer regarding Products that are not as described, faulty, or not fit for purposeContract Updates
xPay reserves the right to modify this Agreement at any time and to introduce new or additional terms and conditions regarding your use of the Services. Any such changes will be communicated to you, and if accepted, they will take effect immediately, becoming part of this Agreement and applying to any future purchases of Products through the Services. If you choose not to accept these changes, xPay reserves the right to terminate the Agreement
In certain cases, like Virtual Account Transfers and others, xPay solely acts like a payment collection agent of the Supplier and hence will not be the point of contact for refunds or any issues with the delivery. Such cases may change as our banking partners change over time.
Transfer of Agreement to Supplier
This Agreement, along with xPay's rights and responsibilities under it, will automatically transfer to the Supplier upon receipt of a written request for the transfer from the Supplier. In such cases:
The Supplier agrees to adhere to this Agreement as though it were the original party in place of xPayYou will execute the Agreement and be subject to its terms as if the Supplier were the original party in place of xPay
In case of products like Virtual accounts and few others, the agreement is automatically transferred to the supplier without a written request.
Responsibilities and Liabilities
xPay disclaims any and all warranties, whether express, implied, or statutory, regarding the Services to the fullest extent permitted by law. Specifically, xPay does not guarantee that:
i) your use of the Services will be uninterrupted or error-free; ii) the Services or Products will be free from corruption, attack, viruses, interference, hacking, or other security breaches, which will be considered Force Majeure events, and xPay disclaims any liability related to such events. It is your responsibility to back up your own system, including any Products purchased, acquired, or rented through the Service
Under no circumstances will xPay, its partners, service providers, affiliates, or any of their respective directors, officers, employees, or agents be liable to the Buyer for any special, incidental, indirect, punitive, exemplary, or consequential damages, whether foreseeable or unforeseeable, arising from or related to this Agreement. This holds true regardless of whether either party has been advised of the possibility of such damages or whether claims are based on contract or tort
You may have the benefit of a manufacturer's, licensor's, or Supplier’s warranty for the Products supplied, and you should refer to the relevant documentation provided with the Product in this regard (including the Supplier Agreement)
Governing Law
This Agreement and the relationship between you and xPay, and all Transactions shall be governed by and construed under the laws of the State of Delaware, including its Uniform Commercial Code, without reference to conflict of laws principlesPrivacy
xPay will maintain appropriate administrative, physical, and technical safeguards to protect the security, confidentiality, and integrity of Buyer data, as described in xPay’s Privacy Policy, which can be found at https://www.xpaycheckout.com/privacy-policy (or at such other URL as xPay may provide from time to time)
Checkout Buyer TnC
Introduction to the Services
These terms and conditions create a contract (“Agreement”) between you ("Buyer") and xPay (as defined below) and govern your use of the Services
xPay is the Merchant of Record and authorized reseller of the Product for the Supplier, which means that you purchase the Product from xPay using the Services, but the Product is licensed to you by the Supplier
Please read the Agreement carefully. By placing an order with xPay, you agree to the terms and conditions set out in both this Agreement and the Supplier Agreement
WHERE A PRODUCT IS DIGITAL CONTENT WHICH IS IMMEDIATELY MADE AVAILABLE, BY DOWNLOADING OR OTHERWISE ACQUIRING THE PRODUCT, YOU CONSENT TO IMMEDIATE PERFORMANCE OF THIS AGREEMENT AND ACKNOWLEDGE THAT YOU WILL LOSE YOUR RIGHT OF WITHDRAWAL FROM THIS AGREEMENT ONCE THE DOWNLOAD OR APPLICABLE TRANSMISSION OF THE DIGITAL CONTENT HAS BEGUN
If you are a Consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in this Agreement, including the Governing Law clause, affects your rights as a Consumer to rely on such mandatory provisions of local law
Definitions
"Business" refers to a Buyer who purchases the Product or uses the Services in connection with their trade, business, craft, or profession
"Confidential Information" encompasses any commercial, financial, or technical information; details about the Product; the Services; strategic plans, know-how, or trade secrets that are evidently confidential or have been explicitly identified as such, or that are developed by a party in fulfilling its obligations under, or otherwise in connection with, this Agreement
"Consumer" denotes a Buyer who acquires the Product or utilizes the Services primarily for personal use
"Digital Content" refers to data that is created and delivered in digital form
"xPay" refers to: Payport Inc., located at 8 The Green, Ste A, County of Kent, Dover, Delaware, US, 19901
In both cases, xPay is also referred to in this Agreement as 'us,' 'we,' and 'our.'
"xPay Checkout" denotes the online checkout system that Buyers use to purchase the Product and make payments to xPay via payment methods such as credit card, alternative payment methods, and bank transfer
"Product" means the Supplier's software or digital product(s) and/or Digital Content licensed for use by the Buyer under the terms of the Supplier Agreement
"Supplier" refers to the entity that licenses the Product
"Supplier Agreement" means the terms and conditions provided by the Supplier regarding the Product
"Services" encompasses xPay’s offerings through which you can buy, access, license, rent, or subscribe to the Product (including xPay Checkout)
"Transaction" refers to acquiring the Product through our Services, whether at no charge or for a fee
Contract Pretext
By completing a Transaction through xPay Checkout, you make a binding offer to enter into a contract with xPay, in accordance with the terms outlined in this Agreement. The Transaction process includes the following steps:
Step one: you choose the Product you wish to purchase and agree to the terms specified in the Supplier Agreement
Step two: we collect your personal data, which is necessary for processing the Transaction and delivering the Product, in line with the Privacy section below
Final step: you will have the opportunity to review all information once more and make any necessary corrections before finalizing the Transaction. The Transaction is completed when you click on the button labeled “order with obligation to pay” or a similar unambiguous statement indicating that placing the order requires payment
xPay will promptly acknowledge receipt of your order by sending you an order confirmation. This confirmation constitutes the formation of this Agreement and represents acceptance of your offer to purchase the Product
Your Agreement with xPay is established upon the successful transmission of the Product, subject to the conditions outlined in this Agreement
Software
If any Product provided involves, or consists of, software (“Software”), the Software is licensed to you by the relevant Supplier according to the terms specified in the Supplier Agreement that accompanies the Software (or other applicable terms related to non-Software Products, such as recurring purchases or billing services) or as otherwise agreed upon between you and the Supplier
Payments and Taxes
xPay will charge your selected payment method (such as your credit card, debit card, or any other available payment options) for any Transactions that involve payment, including any relevant taxes based on the tax jurisdiction where the Transaction occurs. If you pre-order the Product, you will be billed upfront. During this time; after delivery, the standard refund policy will apply
You consent to receiving all invoices and receipts electronically, including via email. Product prices are subject to change at any time. Should technical issues prevent or significantly delay the delivery of the Product, your sole remedy will be either a replacement of the Product or a refund of the amount paid, as determined by xPay. When providing your information, it is essential that it remains current and accurate. xPay will not be liable for any failure to deliver the Product due to incorrect information provided by you. For any amendments to your order, please contact us here. We reserve the right to cancel orders if we are unable to obtain payment authorization from your payment card issuer
You are responsible for supplying accurate payment details (including your unique bank transfer reference number), Company VAT/sales tax code, and order information. Providing this information correctly is essential to prevent delays in fulfilling your order, as we may be unable to reconcile or process refunds for transactions lacking the necessary details
Chargebacks
You agree to contact xPay before initiating a chargeback request or any dispute with your bank or card issuer regarding any TransactionWhile we understand that chargebacks can occur for various reasons, if you dispute a legitimate charge made through xPay by initiating a chargeback without valid grounds (as determined at our sole discretion), whether fraudulently or otherwise, we reserve the right to restrict your access to our Services. This action will be supported by compelling evidence refuting your invalid chargeback request
Chargebacks are not supported on products like Virtual Bank accounts.
Refund Policy
Refunds are provided at the sole discretion of xPay and on a case-by-case basis, and may be refused. xPay will deny a refund request if there is evidence of fraud, refund abuse, or other manipulative behavior that justifies xPay in counterclaiming the refundThis does not affect your rights as a Consumer regarding Products that are not as described, faulty, or not fit for purposeContract Updates
xPay reserves the right to modify this Agreement at any time and to introduce new or additional terms and conditions regarding your use of the Services. Any such changes will be communicated to you, and if accepted, they will take effect immediately, becoming part of this Agreement and applying to any future purchases of Products through the Services. If you choose not to accept these changes, xPay reserves the right to terminate the Agreement
In certain cases, like Virtual Account Transfers and others, xPay solely acts like a payment collection agent of the Supplier and hence will not be the point of contact for refunds or any issues with the delivery. Such cases may change as our banking partners change over time.
Transfer of Agreement to Supplier
This Agreement, along with xPay's rights and responsibilities under it, will automatically transfer to the Supplier upon receipt of a written request for the transfer from the Supplier. In such cases:
The Supplier agrees to adhere to this Agreement as though it were the original party in place of xPayYou will execute the Agreement and be subject to its terms as if the Supplier were the original party in place of xPay
In case of products like Virtual accounts and few others, the agreement is automatically transferred to the supplier without a written request.
Responsibilities and Liabilities
xPay disclaims any and all warranties, whether express, implied, or statutory, regarding the Services to the fullest extent permitted by law. Specifically, xPay does not guarantee that:
i) your use of the Services will be uninterrupted or error-free; ii) the Services or Products will be free from corruption, attack, viruses, interference, hacking, or other security breaches, which will be considered Force Majeure events, and xPay disclaims any liability related to such events. It is your responsibility to back up your own system, including any Products purchased, acquired, or rented through the Service
Under no circumstances will xPay, its partners, service providers, affiliates, or any of their respective directors, officers, employees, or agents be liable to the Buyer for any special, incidental, indirect, punitive, exemplary, or consequential damages, whether foreseeable or unforeseeable, arising from or related to this Agreement. This holds true regardless of whether either party has been advised of the possibility of such damages or whether claims are based on contract or tort
You may have the benefit of a manufacturer's, licensor's, or Supplier’s warranty for the Products supplied, and you should refer to the relevant documentation provided with the Product in this regard (including the Supplier Agreement)
Governing Law
This Agreement and the relationship between you and xPay, and all Transactions shall be governed by and construed under the laws of the State of Delaware, including its Uniform Commercial Code, without reference to conflict of laws principlesPrivacy
xPay will maintain appropriate administrative, physical, and technical safeguards to protect the security, confidentiality, and integrity of Buyer data, as described in xPay’s Privacy Policy, which can be found at https://www.xpaycheckout.com/privacy-policy (or at such other URL as xPay may provide from time to time)
Payport Inc
Go Global, Effortlessly - Experience the Future of International Expansion with xPay. © 2024. All rights reserved.
Payport Inc
Go Global, Effortlessly - Experience the Future of International Expansion with xPay. © 2024. All rights reserved.
Payport Inc
Go Global, Effortlessly - Experience the Future of International Expansion with xPay. © 2024. All rights reserved.