Yekpay user agreement

User Agreement

We recommend that you carefully investigate the following items before using Yekpay services. Using our services means that you have accepted all the terms of the User Agreement, Acceptance Agreement, and Privacy Policies.

User Agreement for YekpaY Service

Last Update: Mar 02, 2020

The following document, “the Agreement”, outlines the terms and conditions that are applied to your use of services offered by Yekpay (“the Services”). This Agreement constitutes a legally binding contract between an individual user, "Customer" or “You”, and “...” ("Yekpay") individually identified as a party and collectively identified as parties. By using the Services, you agree and acknowledge that you have read and accept this Agreement in its entirety and adhere to bound by its terms. This Agreement shall apply over each and every transaction made between the parties unless otherwise provided.

It is your sole responsibility to carefully read all the terms and conditions of this Agreement before using the Services. If you do not agree with all or any of the provisions included in this Agreement, you shall not have the right to use the Services

1. Definitions

a. “Shetab” (“شتاب”): The Shetab (Interbank Information Transfer Network) system is an electronic banking clearance and automated payments system used in Iran and authorized by Central Bank of Iran.

b. “Wallet”: means a specific section in the Customer's account in Yekpay’s website where all of its funds are stored, accessed, and can be withdrawn.

c. “Charge” means a credit or debit instruction to capture funds from an account that a Customer maintains with a bank or other financial institution in connection with a Transaction.

d. “Dispute” means an instruction initiated by a Customer for the return of funds for an existing Charge.

e. “Fine” means any fines, levies, or other charges imposed by us, a Payment Method Provider or a Payment Method Acquirer, caused by your violation of Laws or this Agreement, or as permitted by the applicable Payment Method Rules.

f. “Payment Method Rules” means the guidelines, bylaws, rules, and regulations imposed by the Payment Method Providers and Payment Method Acquirers that operate Payment Methods supported by Yekpay.

g. “Payment Method” means a type of payment method that Yekpay accepts as part of the Payment Processing Services, such as credit card, debit card, Shetab.

h. “Payment Method Provider” means the provider of a Payment Method, such as Visa, Mastercard, Central Bank of Iran, and others.

i. “Refund” means an instruction initiated by you to return funds to a Customer for an existing Charge.

j. “Return” means an instruction initiated by you, a Customer, a Payment Method Provider or a Payment Method Acquirer to return funds unrelated to an existing Charge.

k. “Severe Turbulence” means changes in exchange rate of Iranian Rial against forien currencies (USD and Euro) which exceeds 5% in a single day.

l. Gateway: means the payment gateway processing service offered by Yekpay for facilitation of receipt of payments from users.

2. Service

Yekpay is a payment services provider and acts as such by creating, hosting, maintaining and providing our Services to you via the Internet. Our services allow you to send payments to anyone with a Yekpay Account, and, where available, to receive payments through our platform through or Payment Method or Gateway. All Services offered herein and by Yekpay are in compliance with applicable laws and regulations. We do not have any control over, and are not responsible or liable for, the products or services that are paid for with our Payment Service. We cannot ensure that a buyer or a Seller you are dealing with will actually complete the transaction.

3. Disputes and chargebacks

Upon receiving a dispute, chargeback, or similar request we, upon our own discretion, freeze relevant funds (with 10% surplus on some cases). You are immediately responsible to respond to all Disputes, Refunds, Reversals, Returns, or Fines regardless of the reason or timing. We may decline to act upon a Refund instruction, or delay execution of the instruction, if: (i) it would cause your Yekpay Account balance to become negative; (ii) you are the subject of Bankruptcy Proceedings; or (iii) where we otherwise believe that there is a risk that you will not meet your liabilities under this Agreement (including with respect to the Charge that is the subject of the Refund instruction).

In many but not all cases, you may have the ability to challenge a Dispute by submitting evidence through the API or the Dashboard. We may request additional information to provide to Payment Method Providers and Payment Method Acquirers to assist you in contesting the Dispute, but we cannot guarantee that your challenge will be successful. Payment Method Providers and Payment Method Acquirers may deny your challenge for any reason they deem appropriate.

4. Service Fee

Yekpay, for rendering its services hereunder, shall charge Customer a fee as described in Yekpay’s website. Customer hereby allows and grant Yekpay the permission to account Customers for the charges and other relevant costs. Yekpay, on behalf of the Customer, is allowed to collect its charges from the Wallet or from the transactions as described in its website.

5. Payment Terms and Financial Services Terms

a. Your use of the Payment Processing Services may be subject to additional terms that apply between you and one or more of Yekpay, a Yekpay affiliat or a Payment Method Provider. When these additional terms relate to a specific Payment Method they are “Payment Terms”, and when they relate to specific Payment Processing Services they are “Financial Services Terms”. By using the Payment Processing Services, you agree to the applicable Payment Terms and Financial Services Terms, including those that separately bind you with our affiliates, Payment Method Providers and/or Payment Method Acquirers. Additionally, a Payment Method Provider may enforce the terms of this Agreement directly against you.

b. We may add or remove Payment Method Providers and Payment Method Acquirers at any time. The Payment Terms and Financial Services Terms may also be amended from time to time. Your continuing use of the Payment Processing Services constitutes your consent and agreement to such additions, removals and amendments.

6. Term and Termination

a. This Agreement shall continue in force for a period of one year from the Effective Date. Thereafter, the term may be renewed for an unlimited number of successive one-year terms upon mutual consent of the parties.

b. This Agreement may be terminated at any time by either party by giving the other party 30 days’ advance notice in writing.

7. Governing law and dispute settlement

If the Parties fail to resolve the disputes relating to this Agreement through negotiations, the dispute shall be conclusively resolved in public courts of the Republic of Turkey. The dispute shall be resolved on the basis of the laws of Turkey.

8. Yekpay’s rights and obligations

a. If Yekpay, in its sole discretion, believes that you may have engaged in any prohibited activities, we may close, suspend, or limit your access to your account or the Yekpay Services, and/or limit access to your funds if you violate this Agreement, the Yekpay Acceptable Use Policy, or any other agreement you enter into with Yekpay.

b. In case of Severe Turbulence, Yekpay may freeze your Wallet, withdrawal and exchanges occurring between different currencies for 48 hours.

9. Customer’s rights and obligations

a. Customer shall at all time make available following information on its website:

i. Refund process

ii. Taxes and levies

ii. Taxes and levies

iii. Privacy policy

iv. Detail about goods/services offered

v. Yekpay logo (unless otherwise agreed)

vi. Postal address, email, and phone number

b. You must be the beneficial owner of the Account, and conduct business only on behalf of yourself.

c. You authorize Yekpay, directly or through third parties, to make any inquiries we consider necessary to validate your identity. This may include asking you for further information or documentation, requiring you to provide a taxpayer or national identification number, 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.

d. Customer agrees to avail of the Yekpay Service solely for receiving payment for valid and lawful transactions and not use the Yekpay Service to trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force. Customer further agrees to abstain from:

i. Transfer or otherwise delegate rights and obligations hereunder

ii. Deactivating Gateway for more than 72 hours without prior knowledge of Yekpay

iii. Not including enamad-“اینماد” in the Website or not extending it upon expiry

iv. Any superficial transaction

v. Engage in potentially fraudulent or suspicious activity and/or transactions;

vi. Providing false information ot Yekpay or its affiliates

vii. Offering services to people residing in Israel, the US, and Pakistan.

viii. Infringe Yekpay's or any third party's copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy

e. It is your responsibility to keep your primary email address up to date so that Yekpay can communicate with you electronically. You understand and agree that if Yekpay sends you an electronic Communication but you do not receive it because your primary email address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, Yekpay will be deemed to have provided the Communication to you effectively. Please note that if you use a spam filter that blocks or re-routes emails from senders not listed in your email address book, you must add Yekpay to your email address book so that you will be able to view the Communications we send to you.

f. when using the Payment Processing Services you agree to: (i) accurately communicate, and not misrepresent, the nature of the Transaction, and the amount of the Charge in the appropriate currency prior to submitting it to the API; (ii) provide a receipt that accurately describes each Transaction to Customers; (iii) provide Customers a meaningful way to contact you in the event that the product or service is not provided as described; (iv) not use Services to sell products or services in a manner that is unfair or deceptive, exposes Customers to unreasonable risks, or does not disclose material terms of a purchase in advance; and (v) inform Customers that Yekpay and its affiliates process Transactions (including payment Transactions) for you. You also agree to maintain and make available to your Customers a fair and neutral return, refund, cancellation, or adjustment policy, and clearly explain the process by which Customers can receive a Refund.

g. Customer shall, upon registering in Yekpay, disclose business information including goods and/or services offered to its customers, its address, and all relevant licenses and permission. In case of any changes in the aforementioned details, Customers shall inform Yekpay immediately.

h. In case Customer’s website or technical infrastructure is hacked, it shall inform Yekpay immediately.

i. Customers shall implement Gateway and relvenent systems in its website in accordance with specificantion available in Yekpay’s website.