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- This document (the “Terms of Use” or “ToU”) contains the terms relevant to certain local payment methods (“Payment Methods”) that are sourced by MONEXT from suppliers of the Payment Methods.
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- Terms of Use pertain to certain Payment Method specific requirements and obligations that are to be followed and/or implemented as applicable by entities (“Merchants”) that have entered into contracts (“Agreements”) with MONEXT in order to accept such Payment Methods.
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- In interpreting these Terms of Use:
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- Capitalised words within these Terms of Use shall have the same meaning as provided for within the Agreement;
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- In the event of any conflict between the provisions of the main body of these Terms of Use and the provisions of an Agreement, the main body of the Agreement will prevail;
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- References to any statute, statutory provision, subordinate legislation under the relevant statute, or European Union directive or regulation will include any statute, statutory provision, subordinate legislation, or European Union directive or regulation which amends or replaces it, or has amended or replaced it;
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- Unless otherwise indicated, references to clauses and schedules within the
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- Term of Use are references to the clauses and schedules of the Agreement.
- Term of Use are references to the clauses and schedules of the Agreement.
- In order to service its clients in an optimal manner, to ensure regulatory compliance and to benefit from the technical resources of skilled specialists, MONEXT outsources certain tasks and activities or certain services to third-party service providers located within the EU or outside the EU including, without limitation, the United Kingdom (the “Service Provider(s)”). In this context, certain information may be made available to Service Providers and/or subcontractors at the service of the Service Providers within the EU and outside of the EU. In particular, MONEXT subcontracts to Service Providers located within Luxembourg and the United Kingdom some of the tasks, activities or support services in the following areas: (i) customer relationship management, (ii) storage of AML/KYC related information, (hereunder “Outsourcings”). The information transferred and/or disclosed within the Outsourcings arrangements includes all data collected in the due diligence process including, but not limited to, the Merchants bank account details and identification data including identification data of individuals involved in its operations (e.g. directors, representatives, ultimate beneficial owners) such as, for example, identification documents, address or date of birth. In addition to any consent granted under the Agreement, the Merchant hereby explicitly instructs and gives its consent to MONEXT and, where applicable, will procure that the data subjects explicitly instruct and give their consent, to rely on the Service Providers in the context of the above-mentioned Outsourcings and to the related transfer and disclosure of information to the Service Providers.
- Payment Methods are sourced by MONEXT from various Payment Scheme providers and therefore may be associated with diverse requirements. Not all Payment Methods have such additional requirements and these Terms of Use reflect the information communicated to MONEXT by the Payment Scheme providers.
- These
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- Term of Use are subject to change and may be unilaterally modified or supplemented by MONEXT in its sole discretion at any time (a “Change”). Merchants will be notified of any such Changes per email and the Change will be effective and binding as of the date on which the email notice is distributed.
- In the event a Payment Scheme increases its fees charged to MONEXT for a Payment Method, MONEXT reserves the right to increase its Fees for the impacted Payment Method, with not less than 20 Business Days’ prior written notice.
- Where such a Change can reasonably be considered to be of a material nature such that (i) the Change would have a detrimental impact on the quality of the services provided to the Merchant by MONEXT or (ii) the Merchant is likely to suffer significant economic loss as a result of the Change; the Merchant will have the right to terminate it’s access to and use of the specific Payment Method for which the Change is applicable without penalty.
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- Should the Merchant elect to terminate its access and use of a Payment Method in accordance with section 6 above, it must provide written notice thereof to MONEXT within 30 days of the Change coming into effect. If MONEXT does not receive written notice of the Merchant’s intention to terminate its access and use of a particular Payment Method, MONEXT will be entitled to assume that the Merchant has accepted the Change.
- The addition of new Payment Methods to this ToU is explicitly excluded from being considered a Change and shall not infer or grant termination rights to the Merchant provided for under section 6.
- The following common provisions are applicable in relation to the Payment Methods listed in this document, in addition to any specific terms contained herein.
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- The Merchant is to follow MONEXT’s reasonable instructions when integrating a Payment Method in the manner prescribed, when designing the order process as well as its internet presence with regard to the Payment Methods. For this purpose MONEXT will provide the Merchant the Monext online application program interface (”API”) documentation. The system requirements applicable to the Monext online API and the technical specifications are described within the Monext online API documentation.
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- Offering Payment Methods to an end Customer by means of a link sent to such end Customer by email or similar is strictly
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- prohibited.
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- For Payment Methods that involve the re-direction of the Customer to his online banking page (“Redirect Payment Methods”) the Customer must recognize this via the display of the bank’s URL in the address line of the browser and visibility of the relevant security certificate. In particular with regard to Redirect Payment Methods, the Merchant may not use any i-frames when integrating the Payment Method within the payment process. The parties understand the term “i-frame” to designate a technology by means of
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- which a HTML document is embedded inside another HTML document on a website of the Merchant whereby
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- a Customer may be led to believe the contents are those of a third party rather than the Merchant.
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- The Merchant acknowledges that the execution of a payment Transaction via individual Payment Methods and the possibility of a Customer
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- cancelling or
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- revoking a payment Transaction are subject to the terms and conditions of the respective bank with which the Customer holds an account over which MONEXT has no influence or control. The Merchant accepts that such general terms and conditions of corresponding banks are subject to change at any time and that such changes may impact the execution or fulfillment of Transactions.
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- It is not permitted for Redirect Payment Methods to be used for the purposes of verifying the identity or age of Customers without obtaining MONEXT’s express written permission beforehand. Failure to comply with the foregoing will incur a penalty of EUR 10.00 per Transaction and will be deducted from any settlement funds owing the Merchant. MONEXT reserves the right to claim damages associated with a violation of this requirement should any arise and will notify the Merchant thereof.
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- The Merchant is not permitted to provide the Monext online API to third parties for their use.
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- The Merchant undertakes that it will treat the respective Payment Methods equally to each other and to other payment modes in their online selections, in particular with respect to advertising, marketing or promoting such Payment Methods in a manner that could not reasonably be held to unfairly position or disadvantage one Payment Method from another based on the display of marks or other branding. The respective Payment Methods must be separately listed.
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- The Merchant undertakes that it will cooperate with requests by MONEXT for information in specific situations that require further investigation in relation to a Payment Method as may be notified by MONEXT to the Merchant from time to time.
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- The Merchant undertakes to ensure that the Means of Payment are used solely for his own account, for the payment of his own products and services.
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- Merchant will:
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- comply with all Applicable Law relating to online or distance sales agreements including consumer protection laws;
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- not request a surcharge from Customers for a specific or all Payment Methods, if such surcharge is explicitly prohibited by the Payment Method (as stated in the Specific Terms of a Payment Method below) and/or Applicable Law;
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- have implemented a comprehensive Customer support service with a documented complaints and escalation procedure and will respond in a timely manner.
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- Merchants are not allowed to accept payments for goods or services:
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- that are not provided on the Merchant’s own account;
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- that are not provided within the scope of the normal business operation of the Merchant as provided for in the Merchant Registration Form;
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- that are prohibited as set out either below or within any respective Specific Terms of a Payment Method;
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- Payment Methods are not permitted to be offered, used or otherwise made available for any of the following categories of business:
- Payment Methods are not permitted to be offered, used or otherwise made available for any of the following categories of business:
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- Illegal products and services, or products and services prohibited by applicable laws:
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- Business or organization that engages in, encourages, promotes or celebrates unlawful violence or physical harm to persons or property;
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- Business or organization that engages in, encourages, promotes or celebrates unlawful violence toward any group based on race, religion, disability, gender, sexual orientation, national origin, or any other immutable characteristic;
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- Counterfeit or unauthorized goods;
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- Drugs and narcotics;
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- Get-rich-quick schemes or pyramid schemes;
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- Human or animal bodies or organs;
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- Intellectual property or proprietary rights infringement;
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- Nazi-branded products, Nazi content and articles;
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- No-value-added websites, including websites which employ unfair, deceptive or predatory sales practices;
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- Pay-to-remove sites or defamatory publications;
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- Racist, sexist, misogynistic or otherwise abusive products and content;
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- Regulated goods and services (including products and services falling under general regulations, jurisdictional- and/or age-restrictions):
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- Archaeological findings and items;
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- CBD and hemp products;
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- Online pharmacies, prescription drugs;
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- Fireworks and related products;
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- Live animals;
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- Pornography and other obscene materials; sites offering sexually-related services such as prostitution, escorts, adult live chats, etc.;
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- Precious metals and stones;
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- Substances designed to mimic illegal drugs;
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- Weapons, ammunition and related products;
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- Activities carrying or potentially carrying a negative environmental impact:
- Radioactive, toxic, flammable, corrosive or other types of hazardous materials;
- Activities related to coal mining, extraction of oil and/or natural gas;
- Logging and supporting activities of mass sale of timber;
- Waste management and disposal;
- Specialized
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- financial or legal products or services:
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- Bail bonds;
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- Bankruptcy lawyers;
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- Binary options;
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- Credit, loans, short-term payday lending and other lending instruments
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- with the exception of Buy Now Pay Later products);
- Debt collection;
- Initial coin offerings (ISOs)
- Law firms collecting funds for any purpose other than to pay fees owed to the firm for services provided by the firm;
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- Wealth management;
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- Miscellaneous
- Psychic or fortune-teller services;
- Miscellaneous
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- Pyrotechnic devices and supplies;
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- Telemarketing;
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- Sale of Twitter followers, Facebook likes, YouTube views, and other forms of social media activity that is prohibited by the terms and conditions of the respective
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- platform.
- platform.
- Furthermore, Merchants involved in the following categories of activities, which are considered high risk, must inform MONEXT and are subject to specific acceptance criteria and enhanced due diligence information requirements:
- Alcohol and alcoholic beverages.
- CFD and Forex brokers;
- Crowdfunding;
- Cryptocurrency;
- Financial services, including e-wallets, insurance, money transfer services, payment vouchers and stored value products;
- Daily fantasy sports;
- Gambling, betting and casinos;
- Game skins and in-game currency;
- Marketplaces;
- Multi-level marketing;
- Non-profit organizations and charities;
- Tobacco Products, E-cigarettes and Vape;
- The Payment Methods are not permitted
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- for use by Merchants operating in or for transactions originating from or directed to the following countries:
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- Afghanistan, Bahamas, Barbados, Belarus, Bonaire, Sint Eustatius and Saba, Botswana, Burkina Faso, Cambodia, The Democratic Republic of Congo, The Republic of Congo, Crimea, Cuba, Ethiopia, Gaza Strip, Ghana, Guinea -Bissau, The Republic of Guinea, Haiti, Islamic Republic of Iran, Iraq, Jamaica, Lebanon, Libya, Mauritius, Myanmar, Nicaragua, North Korea, Pakistan, Panama, Russia, Senegal, Somalia, South Sudan , Sri Lanka, Sudan, Swaziland, Syria, Trinidad and Tobago, Uganda, Vanuatu, Venezuela, West Bank (Palestinian Territory), Yemen, Zimbabwe
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- Payment guarantee refers to payouts for all transactions MONEXT reports as technically successful, and if missing funds or charge backs occur, MONEXT will not retrieve them from Merchants as the payment is guaranteed by the Payment Scheme. Please note that even Payment Methods that as a principle provide payment guarantee, and are a such defined herein, may limit the payment guarantee under certain circumstances (e.g. in case of non-compliance with applicable laws and Terms of Use by Merchants or fraud committed by Merchants, Customers and other participants to a Payment Scheme). Notwithstanding anything to the contrary contained herein, MONEXT does not provide payment guarantee if such is not provided by the Payment.
- Risk of missing funds. There is a small but real risk that funds for any Transaction reported as “Successful” will not arrive. MONEXT will wait a defined number of days for funds to be received into a MONEXT bank account, should the funds not arrive within this time frame, the funds status will be updated to " PaymentChargeback" and MONEXT will deduct such amounts from a future fund settlement as needed to recover any “Funds Missing”.