Sales Terms

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Sales Terms

Last updated February 2020

 

These Sales Terms and License Agreement (the “Agreement”) are an agreement between SFH Suisse Finance Holding SA (collectively “SFH”, “we” or “our”) incorporated in Switzerland under commercial register identification number CH-514.3.026.631-4 and you (“you”, “yourself”, “User” or “Customer”). This Agreement sets forth the sales terms and conditions of your use of all SFH products and services (collectively, the “Services”). Within the scope of such Services, this Agreement refers to both (i) your service plan; and (ii) any additional services you order to supplement your service plan. By accessing, using, registering for or receiving any of the Services, you are agreeing to the terms set out below and in our Privacy Policy and Terms of Use, which are incorporated into this Agreement. Additional terms may apply to certain Services that you purchase. In such cases, those additional terms also apply in addition to this Agreement.

If you do not accept and agree to these Sales Terms and our Privacy Policy and Terms of Use, then you must not access or use the Services.

SFH may modify this Agreement from time to time to reflect changes in or requirements of the law or modifications or updates to the Services. SFH will notify you if such change materially affects your rights under this Agreement. Changes will not apply retrospectively and, unless the change is required immediately for legal or security reasons, notice of the modified terms will be provided a reasonable period prior to the changes taking effect. If you do not agree to be bound by this Agreement, our Privacy Policy and Terms of Use or any subsequent modifications, you must stop using the Services (see section Cancellation, Termination and Refunds).

  1. Eligibility, Registration and Account Security

    1. The Services are intended solely for users who are eighteen (18) years of age or older (or over the age of majority in your country if it is higher than 18). If you are under eighteen (18) years of age (or, if higher than 18, the age of majority in your country) and register to use the Services or access the Services, we do not agree to provide the Services to you and you must cancel your account and stop using the Services. By registering for or using the Services, you represent and warrant that you are at least eighteen (18) years of age and are over the age of majority in your country of residence.

    2. If you are registering for and using the Services on behalf of another party, entity or organization, you warrant and represent that you are authorized to bind such party, entity or organization to this Agreement and to act on behalf of such party, entity or organization with respect to any actions you take in connection with the Services. 

    3. You agree to provide accurate and complete information when you register for the Services and you agree to keep such information accurate and complete during the entire time that you use the Services. You are solely responsible for maintaining the confidentiality of your username and password. 

  2. Prohibited Persons Certain entities and individuals are prohibited from using the Services pursuant to trade and economic sanctions and export and control laws imposed by the U.S., U.K. or other governments. These prohibit companies and their subsidiaries from engaging in all or certain commercial activities with certain sanctioned countries (“Sanctioned Country”) and certain individuals, organizations, entities, or domain names (“Sanctioned National”). You are prohibited from registering or signing up with, subscribing to, or using the Services if you are located in a Sanctioned Country or are listed as, or associated with a Sanctioned National, as determined by SFH in its sole discretion. Registration, signing-up or using the Services from any Sanctioned Country is a material violation of this Agreement, and grounds for immediate account termination by SFH without the right to recover any of your data. 

  3. SFH License and Use of the Services

    1. Scope of License. SFH grants you a personal, non-exclusive, non-transferable, limited and revocable license (the “License”) to access and/or install the SFH software necessary to use the Services (the “SFH Software”) for which you have paid the applicable fees and for the duration of your selected term. Each purchase grants you the right to access and/or install the SFH Software. You may transfer your License from one company to another by contacting us at support@SFHpayments.ch. If you wish to use the Services for multiple companies, you must obtain a separate license for each company. This License permits you to use the SFH Software for the sole and exclusive purpose of using the Services. We reserve all other rights to the SFH Software. Your License to use the SFH Software is subject to the limitations set out in this section of the Agreement. If you do not agree with the terms of this License, you must cancel your account and stop accessing the Services.

    2. Limitations on your right to use. Unless expressly allowed by law, you may not reverse engineer, decompile, or disassemble the SFH Software. You may not rent, lease, lend or transfer the SFH Software, or host the SFH Software for third parties. The SFH Software may include copy protection technology to prevent the unauthorized copying of the SFH Software or may require original media for use of the SFH Software on the computer. It is illegal to make unauthorized copies of the SFH Software or to circumvent any copy protection technology included in the SFH Software.

    3. Restrictions on Access to Services. You are only allowed to access the Services through the interfaces, protocols and applications provided or authorized by SFH. You agree that you will not access the Services through unauthorized means, such as unlicensed software clients.

    4. Redistribution. You may not redistribute the Services or provide others with access to, or use of, them, unless you have entered into a separate reseller agreement or other agreement with SFH that expressly authorizes you to engage in this activity. You may ask SFH for permission to have reseller use and distribution of SFH Software by contacting us.

    5. Compatibility with SFH Software. You are responsible, at your own expense, for all computers, telecommunication equipment, software, access to the Internet, and communications networks required to use the Services. SFH is not responsible for any delays or failures in the Services due to a failure of any computers, telecommunication equipment, software, access to the Internet, or communications networks necessary to use Services outside its control.

    6. Maintenance of SFH Software. From time to time, SFH may make improvements, upgrades or modifications to the SFH Software available to its customers. Please see the Modification and Updates of the Services section in this Agreement.

    7. Technical Support Services. SFH will provide technical support via email and/or telephone for the current version of the SFH Software (“Technical Support Services”). You will be required to provide as much information as we determine in our sole discretion our investigation into any issues or problems requires. By utilizing our Technical Support Services, you grant SFH permission to access your account and device, if necessary, to resolve your issue.

    8. Ineligibility for Technical Support Services. SFH will not provide Technical Support Services if: (a) you are in breach of this Agreement; or (b) the need for Technical Support Services is due to (i) your failure to operate the SFH Software within the systems requirements provided to you; (ii) any modification or attempted modification of the SFH Software by you or any third party outside of SFH's control; or (iii) your failure or refusal to implement SFH changes recommended by SFH.

    9. Third party software and services. SFH has a master-license to sell and distribute PAYSUS software and services, which are included in the Services provided by SFH under this Agreement. In certain instances, SFH may also provide connectivity, software and services from third party financial service providers, which when used by SFH are then included in the Services provided by SFH under this Agreement.

  4. Modification and Updates of the Services

    1. SFH may, from time to time, change the Services and any aspect or feature of the Services if considered necessary for security or legal reasons, to ensure the operability of the Services, to reflect advancements in technology or to enhance the features we are able to offer our customers. You hereby consent to automatic updates to the Services you have installed on your computer or mobile devices. 

    2. If SFH modifies the Services in a material way, we will provide you with advance notice of the changes so that you have an opportunity to stop using the Services and cancel your account.

  5. Term and Automatic Renewal

    1. The term of the Services is in respect of your selected Services, the period you have accepted on the Services agreement at the time you purchased the Services (the “Term”). Our standard Services agreement term is for twelve (12) months and automatically renews for the same term annually. 

    2. If you do not want your Term to renew, you must cancel before the end of each Term or else the Services agreement fees will be charged in accordance with paragraph 6c (Pricing, Billing and Payment).

  6. Pricing, Billing and Payment

    1. Pricing. Details of our current Services, signup and recurring fees, transaction costs, and other applicable fees are provided on a case by case basis, and are determined upon review of the customer’s provided information and selected payment processor. 

      SFH reserves the right, in its sole discretion, to make changes or modifications to the pricing of the Services, and will provide prior notices of changes to its customers. Customers have the option not to accept the pricing changes or modifications, and may choose to cancel the Services at any time during the Term.

    2. Billing Process. Fees and other applicable charges will be calculated based on the Services selected, the number of transactions and other actions performed with these Services. If the Services you purchase from SFH are billed on a monthly basis, you will be billed in full month increments at the start of your monthly cycle for these Services. If the Services you purchase from SFH include transactional settlements, you will be charged a fee prior to receiving settlement from the selected payment processor.

    3. Monthly Services. All monthly Services will renew automatically each month until you cancel your account.

    4. Reserves. Reserves may be applicable and the terms are dependent on the selected payment processor. The reserve terms will be posted in the Services agreement you sign at the time you purchase the Services.

    5. Payments. You agree to pay SFH, as applicable depending on your choice of Services, all fees for the Services, as set forth on Services agreement provided to you at the time you order the Services. You acknowledge, agree, and authorize SFH to automatically debit the bank account provided by you or charge the applicable fee to any credit/debit card(s) that have been added to your account, each month as applicable, unless you cancel the Services. All charges will be taken on the date of renewal; for example, for monthly Services, your credit card or bank account will be charged at the start of your monthly cycle for these Services. If the credit card on file with SFH has expired or does not permit automatic renewals, or if you have insufficient bank account funds, then you must contact SFH to renew the Services. If you do not renew your Services upon its anniversary date, your access will be terminated. It is your responsibility to ensure that your billing information, email address and other personal details SFH holds for you are current at all times.

    6. Currency. SFH offers the ability to pay for Services in a number of different currencies. If your local currency is not supported by your account, the price payable for Services will be converted, using the applicable exchange rate, at the time of purchase. In the event of any refund of fees being due to you in accordance with the terms of this Agreement, such refund will be converted using the applicable exchange rate at the time of refund. SFH is not liable for any discrepancies or shortfalls in these amounts as a result of a change in the exchange rate.

    7. Value Added Tax. VAT is a tax on consumer spending within the territory of an European Member (E.U.) State. VAT is included in all GBP and Euro prices displayed on the SFH site.

    8. Billing Issues and Support. You must notify us about any billing problems or discrepancies as soon as you become aware of them. We will make every effort to assist you with any billing queries, please call us at +41 91 922 70 91 or contact us via email at support@SFHpayments.ch.

      In particular, please always contact SFH
      before attempting a chargeback. We’re here to help!

  1.  Cancellation, Termination and Refunds

    1. You can cancel the Services for any reason at any time during the Term, including where there is a change to the Services or this Agreement which you do not agree with. 

      You can call us at +41 91 922 70 91 or
      contact us via email at support@SFHpayments.ch.

    2. You may choose to terminate the Services immediately or choose to not renew at the end of your Term.

    3. When you can cancel the Services, you will receive a pro rata refund for any fees if paid in advance for full months of Services not yet rendered.

    4. You will not receive a refund for any transaction charges or fees from the Services that have been performed prior to the cancellation date of your Services. Note that some charges or fees may be posted by third party providers after the cancellation date and are still due to SFH. 

    5. If SFH modifies the Services in a material way, we will provide you with advance notice of the changes so that you have an opportunity to stop using the Services and cancel your account. You will receive a pro rata refund for any fees if paid in advance for full months of Services not yet rendered where such change adversely affects your use of the Services during the then current Term.

    6. To request a refund, please contact us at +41 91 922 70 91 or contact us via email at support@SFHpayments.ch.

    7. Termination by SFH. SFH may suspend or terminate your Services if SFH reasonably believes that (i) you are in breach of the Terms of Use, Sales Terms, or if you are in material breach of any other section of this Agreement, the License or our policies; or (ii) if your continued use of the Services may damage, disable or impair our servers or networks. Such termination may be immediate and without notice. You are not eligible for a refund of any amounts paid if SFH terminates your account in accordance with this paragraph. 

    8. Effects of Cancellation or Termination. Upon cancellation or termination: (i) you shall immediately cease any and all use of the SFH Software and Services; and (ii) you will not have access to any of our applications. 

  2. Severability This Agreement will be enforced to the fullest extent permitted by applicable law. If for any reason any provision of this Agreement is held to be invalid or unenforceable under applicable law to any extent, then (i) such provision will be interpreted, construed, or reformed to the extent reasonably required to render it valid, enforceable, and consistent with the original intent underlying such provision and (ii) such invalidity or unenforceability will not affect the validity or enforceability of any other provision of this Agreement and all such provisions shall remain in full force and effect.

  3. Entire Agreement This Agreement (including the items incorporated by reference and modifications that may be made from time to time by SFH), constitute the entire Sales Terms Agreement between SFH and you regarding the Services. Any item or service furnished by SFH in furtherance of the Services, shall be covered by this Agreement and by a separate Services Agreement that you sign upon purchase of the SFH Services. Any references that are singular or plural and any references that are masculine, feminine, or neutral in gender, are meant to be used interchangeably as the context of the sentence might imply.

  4. Contact information

    5. If you have any questions or comments, please contact us at:

    SFH Suisse Finance Holding SA
    Via Canova 9
    6900 Lugano, Suisse
    support@sfhpayments.ch
     +41 91 922 70 91