- Introduction
Welcome to Emoneywallets. We developed our payment and paperwork service (the “Service”) to make it easy for you to get paid, get work and get organised so you can focus on your own product or service.
This page (together with the documents referred to on it) tells you the Terms and Conditions (“T&C”) on which you may use website www.emoneywallets.com (“our Site”). No other terms of business will apply to such use. Please read these Terms and Conditions carefully before you start to use our App or our Site. By registering to use our Site, you agree that you accept these Terms and Conditions and that you agree to abide by them. If you do not agree to these Terms and Conditions, your application to register for the Service will be refused.
PLEASE NOTE THAT IN ORDER TO ACCESS AND USE OUR APP AND SITE YOU MUST BE OVER 18 years old or the Minimum legal age in the JURISDICTION from which you are accessing OUR app and/or Site, whichever is the higher
PLEASE ALSO READ THE “OUR LIABILITY” AND “YOUR LIABILITY” SECTIONS OF THESE TERMS AND CONDITIONS.
Should you have any questions or concerns or would simply like to better understand how we do things at Emoneywallets, please do not hesitate to contact us.
- About Us
Our Site are operated by Emoneywallets Ltd (“We” or “Emoneywallets”). We operate under the brand Emoneywallets in the USA.
Our registered office at 4500 Satellite Boulevard, Suite 2130, Duluth, GA 30096, USA
We agree to provide you with a service supported by software our Site to allow you to take Pay by Bank app payments and communicate your customers’ debit and credit card details to Payment Providers in order for those Payment Providers to provide a payment service to you under their own terms of business (the “Payment Service”); and to manage information in relation to those payments by having the facility to: generate quotes and statements, customise quotes, invoices and instant receipts and export your payment information into Excel for accounting purposes (the “Emoneywallets Accounts Management Service”). More details of the Emoneywallets Accounts Management Service may from time to time be published on our Site. In these Terms and Conditions, the Payment Service and the Emoneywallets Accounts Management Service are together referred to as “the Services”. Prior to being able to use the Services, the details you provide to us upon registration will be checked and verified by Payment Providers, with whom you must also have a separate agreement. For further information on this verification process, please see your agreement with the relevant Payment Providers. We will notify you once your registration has been either approved or deemed ineligible by the relevant Payment Provider(s) for use of the Payment Service.
Either we or the Payment Provider will provide you with the relevant Payment Providers’ terms of business which will govern the terms of the Payment Service: please note that we facilitate the provision of information between you and Payment Providers to assist your management of the Payment Service but we do not provide the Payment Service ourselves and your contract for the Payment Service is directly between you and the relevant Payment Provider on the Payment Provider’s terms of business.
All references in these Terms and Conditions to the Payment Service and to actions which Payment Providers will take assume that the relevant Payment Provider has agreed to provide the Payment Terms to you: this will be subject to their verification of the information you provide to us and to other conditions of their terms of business from time to time. We do not guarantee, even if you have paid fees for the Emoneywallets Accounts Management Service, that a Payment Provider will agree to or will continue to provide you with the Payment Service. Your rights to terminate the Services are set out at the section headed Termination below.
Subject to successful registration with Emoneywallets and approval by a Payment Provider, our Site may be used in accordance with these Terms and Conditions to receive access to the Payment Service provided by Payment Providers for unlimited payment transactions in return for the per-payment fees specified on the Site. Please note that Payment Providers may vary their charges from time to time in accordance with their own terms of business.
The Payment Providers pay you for your transactions minus their fees into your designated bank account, within 2 working days for Pay by Bank app and 3-7 working days for card transactions depending on country.
A certain amount of your funds may be subject to an additional hold period by the Payment Providers with terms determined by your perceived risk and transaction history. Please consult your agreement with the Payment Providers for further information on their payment terms.
If our third-party underlying card acquiring or banking transaction handling fee costs change, we have the right to increase our transaction fee and/or subscription charge to cover these additional costs. If we add additional features to any of our Subscription Packages (including within Promotions) we retain the right to charge for these new additional services.
Due to increased processing charges from our underlying card acquirer, you will be subject to additional surcharges when charging any customer credit- or debit cards originating from outside the European Union (please see Transaction Fees on our Support Centre for up-to-date rates). The surcharge will be added to your transaction rate at the time of the transaction.
Whilst we aim to provide uninterrupted Services, unfortunately we cannot guarantee this. We will use reasonable endeavors to minimize any disruption to the Services (for example, by endeavoring to limit Site maintenance activities to non-business hours) and wherever reasonably possible, we will provide advance warning on our Site of any known or planned interruptions. Interruptions may also be caused by factors beyond our reasonable control. If circumstances happen that are beyond our reasonable control, we will not be liable for any failure to perform our obligations under these Terms and Conditions because of those circumstances, and we will be excused from that failure for so long as those circumstances continue. Interruptions caused by factors outside our control may include, but are not limited to, failure of our telecommunications or internet service provider, or actions or omissions of Payment Providers.
You shall provide us with accurate information when registering to use our Site, including that you are over 18 years old or the legal minimum age in the jurisdiction from which you are accessing our Site, whichever is the higher.
The Services are only made available to persons or entities that operate a business selling goods and / or services, and they are not made available to persons to accept card payments for personal, family or household purposes. To use the Services for your business, you will first have to register for our App or Site. When you register, we will collect information including your personal and business name, personal and business location, email address, industry sector, business type (e.g. Sole Trader, Limited Company) and phone number. If you have not already done so, you will also be required to provide an email address and password to access our Site. You must also provide information about an owner or principal of the business, and you must be authorized to act on behalf of the business and have the authority to bind the business to these Terms and Conditions. In the USA, the ID verification will include a Photo ID and a proof of address (e.g. utility bill or bank statement within the past 3 months).
To enable your account, payment card details are required upon signing up and creating a Emoneywallets account. These details will not be shared with third parties but will remain within our records to charge subscription plan payments to enable your account to continue trading through the platform. You will automatically be subscribed to the invoicing plus plan. See Termination for how to cancel your subscription.
As an authorized user of the service, you must treat your password and any other piece of information that we provide you with as part of our security procedures, as confidential, and must not disclose to any person from another organization or entity. We will never ask you to divulge your password. We have the right to disable any user password or account, whether chosen by you or allocated by us, at any time and to suspend access to the Services accordingly if in our opinion you have failed to comply with any of the provisions of these Terms and Conditions.
You are responsible for making all arrangements necessary for you to have access to our Site. You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these Terms and Conditions, and that they comply with them.
- System Requirements
In order to use our Site, you are required to have a compatible mobile telephone or handheld device, internet access, and the necessary minimum specifications (“Minimum Software Requirements”).
- Business Conduct
You will only accept payments and use the Services for transactions between you and your customers for the bona fide sale of lawful goods or services and related account management activities.
You will not solicit or use your customers’ card details for any purpose other than to process payment for such goods and services.
You will comply with all applicable laws, rules, regulations, and orders of governments having jurisdiction in connection with your use the Site and the Services.
- Intellectual Property Rights
We are the owner or the licensee of all intellectual property rights in and to our Site and the Emoneywallets Accounts Management Service, and in the material published on the Site. These works are protected by copyright and trademark laws and treaties around the world. All such rights are reserved.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as owners of our Site must always be acknowledged.
You must not use any part of the materials on our Site for commercial purposes without obtaining written consent from us or our licensors.
- Our Liability
Subject to the below paragraphs, our maximum responsibility and liability to you (including in negligence) in relation to these Terms and Conditions will be limited to paying you an amount equal to the total amount of fees you paid to us in the 6 months prior to the incident for which we are responsible.
We will not be responsible for any of the following:
- Loss or damage which we could not have reasonably known about at the time you registered for the Services (sometimes called indirect, consequential, incidental, or special damage).
- Loss or damage you suffer because of us or any Payment Provider not providing any Services or making the App or the Site available because of something beyond our control.
- Loss or damage caused by the acts or omissions of any third parties.
- Loss or damage caused by any action or omission of any Payment Provider.
- Loss or damage you suffer which arise from you using the Services other than as described on our Site, including without limitation if we knew or should have known about the possibility you could experience such loss.
This does not limit our liability for death or personal injury arising from our negligence, or our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under the applicable law.
- Your Liability
You shall indemnify and keep indemnified and hold harmless Emoneywallets from and against any losses, damages, liability, costs (including legal fees) and expenses incurred by Emoneywallets because of or in connection with any action, demand or claim arising out of or relating to your breach of any provision of (i) these Terms and Conditions; and (ii) the terms of your agreement with any Payment Provider.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately without notice.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your mobile device, computer equipment, mobile device and/or computer programs, data or other proprietary material due to your use of our Site or to your downloading of any material posted on them, or on any website linked to them.
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. We reserve the right to remove any link you may make to our Site at our sole and absolute discretion.
You must not establish a link from any website that is not owned by you.
Our Site must not be framed on any other site, nor may you create a link to any part of our Site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in these Terms and Conditions.
If you wish to make any use of material on our Site other than as expressly set out above, please address your request to support@emoneywallets.com.
You may use our Site only for lawful purposes. You may not use Site:
- In any way that breaches any applicable local, national, or international law or regulation.
- In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
- For the purpose of harming or attempting to harm minors or any other person in any way.
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.
- To transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam).
You also agree not to access without authority, interfere with, damage, or disrupt:
- Any part of our Site.
- Any equipment or network on which our Site is stored.
- Any software used in the provision of our Site; or
- Any equipment or network or software owned or used by any third party.
You are confirming that you will not use the Service to accept payments in connection with businesses, business activities or business practices that have been prohibited by the Payment Providers. Please see separate Terms and Conditions for the Payment Providers when signing up to the App. In addition, you are confirming that you will not use any product or service that infringes upon the copyright, trademark, or trade secrets of any third party, or any product, service or activity that is deceptive, unfair, predatory, or prohibited by one or more Card Networks. By accepting this Agreement, you confirm that you satisfy these requirements and will continue to do so in connection with your use of the Service.
- Termination
The Terms and Conditions are effective upon the date you agree to them as evidenced by your registration for the Service and continue so long as you use the Services or until terminated by you or Emoneywallets in accordance with the following section.
We still must support the cost of the service and our customer support so are unable to provide refunds to customers on subscriptions during periods when they have been inactive. Emoneywallets offers the flexibility to downgrade to the Free Plan and to upgrade to Subscribed plans at any time.
Subject to the following paragraph, we may terminate our agreement with you and close your Emoneywallets account for any reason effective upon providing you two (2) months’ prior notice at any time.
If you are a Subscribed user, notice to terminate given by us to you will be deemed to expire at the end of the month in which such notice expires but if you have received two (2) months’ notice of termination from us you may close your Emoneywallets account before expiry of that notice, by following the instructions on our Site. Note that if you are paying monthly fees, you will not receive a refund for the month in which the agreement terminates. If you have paid an annual fee in advance, you will receive a refund of the fee calculated on a pro-rata basis for every full month following termination. We will issue such a refund within forty-five (45) days of termination.
We may suspend your access to the Services or any part of them or terminate our agreement with you immediately upon notice to you, where proven that there has been a breach of these Terms and Conditions or upon request of a Payment Provider. Note that if you are paying monthly fees, you will not receive a refund for the month in which the agreement terminates. If you have paid an annual fee, any refund in these circumstances will be at our sole discretion.
Our agreement with you on these Terms and Conditions will automatically and immediately end if you become bankrupt or your business is not able to pay its debts, stops trading or becomes insolvent. In those circumstances we shall have no further obligation to you under the Terms and Conditions.
- Revisions to Terms and Conditions
We may revise these Terms and Conditions at any time. Any changes we make to our Terms and Conditions will be posted on our Site and, if material, notified to you by e-mail or other appropriate means. Some of the provisions contained in these Terms and Conditions may also be superseded by provisions or notices published elsewhere on our App and/or our Site.
- Entire Agreement
The Terms and Conditions and other policies posted on our Site constitute the entire agreement between us and you and supersede any prior agreement.
If we do not enforce any of these terms, we are not waiving our rights to do so later.
We may assign this agreement in our sole discretion.
- Legal Jurisdiction
The English courts will have exclusive jurisdiction over any claim arising from, or related to, our Site and these Terms and Conditions.