Globill.net Terms and Conditions

1. Globill.net is...

2. Description of Services

a. Globill.net acts as an intermediary between Merchant's Internet web site and the banking network, the Merchant's payment page is located on Globill.net's secure servers. As part of the Service Globill.net also provides the Merchant with access to a management interface which allows the Merchant to track sales and make administrative and configuration changes to its account(s) online.

b. Globill.net does not have control of, or liability for, the products or services that are paid for using our service. Our Customer support is limited to assisting in the use of the Globill.net site to make purchases of merchandise or services, providing information concerning the status of the fulfillment of orders, and assisting customers regarding refunds, returns and billing questions. We will refer any other type of support inquiries from customers or prospective customers to you, and you agree to provide reasonable customer support for such inquiries.

3. Payment from Globill.net to Merchant

Globill.net agrees to pay Merchant for all products, services, membership or subscriptions charged by Globill.net as described in this agreement. Globill.net will charge Customer's credit card upon the completion of the order and pay amount minus commission and if applicable transaction fees to the Merchant (as described in the document). The amount to be paid to Merchant will be calculated on a twice monthly basis for the prior payment period. Payout dates are the 5th and the 20th of each month:

Payout Period 1: days 1 to 15 of the month. Payout initiated on the 5th of the following month
Payout Period 2: days 16 till the end of the month. Payout initiated on the 20th of the following month.

Merchant must be accepting payments form the start of the payout period to be included in the payout run for the period. If merchants commences taking payments after the start of a payout period then the payout balance is carried forward to the fololwing payout date.

Where Merchant achieves an average minimum weekly sales amount of greater than US$15 000, settlement on a weekly basis will be offered.

Globill.net will effect an Telegraphic Transfer (Wire Transfer) payment to the Merchant on the due date. The payment due to Merchant is equal to the sum of all Customer Charges for products, services or memberships that have been delivered within the specified time period LESS
(i) All disputes, inquiries, and/or refunds processed on account of Merchant's Customer Charges during the payment period.
(ii) Any penalties, taxes, charges or other items occurring during the period in any other way, and
(iii) The Globill.net processing commission fee - see table 1 below.
(iv) The sum of all Customer Charges denied, refused, or charged back by the Customer or the credit card service provider during the period.
(v) Rollover Reserve. A contingency reserve (rollover reserve) is built up by retaining 10% of funds during a maximum period of 6 months. These funds are held to indemnify Globill.net associated Retailers from chargebacks and claims lodged against your account due to merchants going out of business, bankruptcy, fraud charges and claims for non-delivered goods, warranties and or pre-paid yearly fees. The reserve is refunded 180 days after termination.
(vi) Holdback. A holdback may be retained on the sole discretion of Globill.net and or it's financial institutions based on the track record and performance of the Merchant's account to limit any losses that Globill.net may suffer due to its merchant liabilty for 180 days worth of sales reversals and chargebacks. An additional holdback fee may be levied on terminated accounts (usually 18%) or accounts that cease processing using ISP services.
(vii) Any funds not settled to Globill.net from our acquiring bank(s) or processing partner(s).

Merchant may choose from two pricing fee options.

Option 1

Globill.net charges a flat percentage of the sale amount

Globill.net rates go down as your volume increases

Table 1: Globill.net Processing Commission Fees

* Note, for clarity, that One-time Billing usually refers to a once-off membership payment. This membership payment would typically grant the user (the member) access to a members site, for a fixed period of time.

Processing fees are calculated as a percentage of the sale amount according to the table above. The transaction volume is a count of each successfully authorised customer payment, for the latest payout period.

Fees charged are EITHER column A OR column B.

Column A: The rates for selling Low Risk e-Products, Tangible Goods, Services, Donation payments and Fixed-period memberships. The distinction between High Risk and Low Risk is made at the discretion of Globill.net and depends on the nature of your online business, shop, membership site or service offering.

Column B: High Risk e-Products, Tangible Goods, Services, Donation payments and Membership Subscriptions (recurring billing).

If you do not have your own Merchant Account then add the rate, depending on your transaction volume, presented in column C.

Transaction Fee: zero

Option 2

Applicable for tangible goods and services only

Processing fee: 3.9 %

Variable Risk Profile fee: Depending on the customer's risk profile, between 1% to 4.9%

Transaction fee: zero

Additional charges:

These charges are applicable to both pricing options:

Refund Fee:$2- $5 (depending on our bank)

Wire/Telegraphic Transfer into the Merchant's bank account: Bank Swift fee

Chargeback Fee:between $25 to $40 (depending on our bank)

Globill.net has the right to change the fees stated herein upon providing notice to client at least 20 days prior to the effective date of such changes. Globill.net will deduct this fee from your funds before payment to you.

In order to resolve complaints and disputes, you agree that Globill.net may issue refunds without your knowledge or approval in any situation Globill.net thinks is appropriate. Globill.net may also include the customer in its database of blocked accounts if there is an indication of fraud or inappropriate use of the customer's information by the customer or anyone else.

Memberships (subscriptions) Pricing Options
The minimum price that you can charge is $2.00. The maximum price that you can charge is $1,500.00

Minimum payout amount is required before payout is settled. This amount is set to $ 500.00. If the amount is less than this stipulated minimum amount then the payout is carried forward to the following payout period.

4. Merchant's Obligation

Merchant will develop and maintain Web site(s) which will advertise and describe the products, services or memberships that will be charged through Globill.net. If applicable, Merchant will design these Web sites in a manner, which automatically refers customers to Globill.net's Checkout Process (Transaction Entry pages) using the instructions provided to Merchant via Globill.net's Merchant Interface or via e-mail.

Merchant agrees that it will comply at all times with all applicable federal, state/provincial, or local laws, rules and regulations including any applicable card association or Automated Clearing House rules. Merchant is fully responsible for the content and promotion of its Web site.

Merchant's Web site(s) need to be in compliance with credit card association operating regulations for electronic commerce merchants: Company name and registered address disclosure, Terms of Use/Terms of Service, Privacy Policy, Contact e-mail or other contact details, Refund/Return policy disclosure.

Merchant further agrees that it will not use Globill.net services for sale, promotion, or engagement in illegal activities including, but not limited to, spam, pyramid schemes, check-cashing services, collection agencies, child pornography, bestiality.

Merchant represents and warrants to Globill.net that it is the owner and/or that it has full right and authority to use and disseminate all information, data, graphics, text, video, music or other intellectual property which either forms a part of its Website, which is provided by Merchant to Customers, or which is used by Merchant in its advertising or promotion. Merchant is solely responsible for maintaining the confidentiality and security of its Username and Password for their account(s). Merchant is responsible for any and all activities that occur under the merchant's Merchant Interface account(s).

Merchant is responsible for providing information which is timely, complete, truthful, and not misleading.

Merchant must provide a valid, working e-mail address when creating a new Merchant account and in communication with Globill.net's staff. Anonymous and free email adresses are discouraged.

Merchant will notify Globill.net of any changes of ownership, regulatory actions or financial conditions that could materially affect Globill.net's rights under this Agreement.

Merchant may change and add to or delete from the list of 'Accepting/Selling Currencies' for their websites. Merchant may change the 'Pricing Currency' during TEST mode. During LIVE processing mode, Merchant must provide 30 days pre-notification via email of intention to change 'Pricing Currency'.

4.1 For merchants selling tangible goods and services
Merchant agrees to promptly deliver to its own Customers all products and services sold under this Agreement. Globill.net charges all credit card transactions to customers' credit cards. After receipt of each valid customer order, Globill.net will send Merchant a Purchase Order via E-mail, and Globill.net will also post the order on the Merchant Interface pages.

Merchant will deliver the ordered product(s) and service(s) to the Customer, and if requested by Globill.net will promptly acknowledge the shipment using e-mail or the User Interface, whichever is applicable. Merchant will acknowledge an order as "Shipped" after the merchandise has already been shipped. Merchant agrees to deliver all merchandise to Customers without any delay.

Merchant will not offer backordered or out-of-stock products for sale unless there will be another agreement signed by Globill.net and the Merchant. If Merchant is unable to ship any part of any Customer order within 4 to 6 business days, Merchant will cancel the order via e-mail or using the User Interface. There will be no partial shipments made by Merchant unless agreed on it with another agreement.

Globill.net reserves the right to request from new and current Merchants accurate information concerning your fulfilment of Customer's order.

Globill.net reserves the right to process a refund for any order which it, at its sole discretion, is believed to be of a fraudulent nature, transacted in a manner inconsistent with the terms and conditions of this Agreement, or is in violation of any other statute or law.
If a shipment of Merchandise or Services is not safely delivered intact to the Customer within 20 days, or if we receive feedback from a Customer that the Merchandise was damaged upon arrival and was either not accepted or was accepted from the shipping carrier and later determined to be damaged, or Services not provided in full, we will promptly forward any information concerning such incident to you via e-mail. You agree to promptly resolve the concern, either by authorizing a Refund for the transaction or by reshipping (at no additional cost to Globill.net or the Customer) new Merchandise in place of the lost or damaged Merchandise. You must bear all costs to return any damaged Merchandise back to you. You may choose to purchase (at your cost) adequate shipping insurance to cover your potential losses arising out of shipping Merchandise, as we will not be responsible for reimbursing you for any of these losses. If you fail to adequately respond to our forwarding of the inquiry or complaint concerning a lost or damaged shipment by the end of three full business days that passes after we have sent the inquiry e-mail to you (either by reshipping, communicating your intention to reship within 5 business days of the inquiry being sent to you, or by authorizing a Refund), then Globill.net may unilaterally make a Refund to the Customer as described below.

4.2 For merchants selling memberships (subscriptions)
You agree to use Globill.net's services for the sale of legal content and services from your website. On Globill.net's signup page for your member's website, Globill.net will plainly show the customer (members/subscribers) the price(s) you are charging and all terms and conditions of the purchase. If you sell recurring memberships then you must provide the ability for customers to cancel their membership.

You will always maintain the ability to respond to your customer's technical inquiries and try to resolve issues amicably. If, in Globill.net's opinion customer complaints and/or chargebacks are excessive, Globill.net may choose to cancel this agreement and you agree to immediately reimburse to Globill.net all its expenses related to chargebacks and refunds.

You may change the access prices and subscription options for your membership website whenever you want. The correctness, functionality, and accuracy of these changes are your responsibility regardless of who makes them.

5. Merchant's Cancellation of the service

The Merchant may cancel this Agreement with notice given to Globill.net.
Globill.net shall terminate this Agreement and shall no longer charge for Merchant's products or services to Customers after notice of cancellation is received. Any previous transactions will be paid as scheduled no matter when the cancellation has occurred. The Merchant is obligated to fulfill or cancel any Customer Orders submitted before the cancellation.

6. Authority

Each party represents and warrants that it has the legal capacity and authority to enter into and perform its obligations under this Agreement and that those obligations shall be binding without the approval of any other person or entity. Each person signing this Agreement on behalf of a party represents and warrants that they have the legal capacity and authority to sign this Agreement on behalf of that party.

7. General Terms and Conditions for the service

a. Losses by either party.
Merchant shall not hold Globill.net responsible for any claims, expenses, and losses that may have occurred due to any reason in connection with the charge of sale of Merchant's Product(s) to Customers by Globill.net. This will include the costs and expenses of Customer refunds and/or returns and Charge Backs as well as any cost that may have occurred during the order fulfillment or after the fulfillment.
b. Limits on transactions
Globill.net reserves the right to limit any sale of products or services and to refuse to process transactions to any Customers for any reason. Globill.net also reserves right to set the limit of the amount that can be charged using Globill.net services. Globill.net reserves the right to put any other limitations on transactions. Globill.net is not responsible for any of Merchant's losses, including claims for profit losses.
c. Return and Refund Policy
Merchant will accept returns, and will agree to refund the Customers who have initiated an inquiry or a complaint either with Globill.net or with the Customer's credit card issuer. Globill.net will use its best efforts and skills to resolve inquiries and complaints from the Customer's side in such a manner that would be acceptable to both Merchants and Customers. Globill.net has the right to issue a refund without the consent or knowledge of Merchant in any case that it seems appropriate. Globill.net will provide a refund with no penalty to any Customer who returns the products to Merchant within 30 days from the date of delivery. Merchant may not impose a fee on customers who make returns.
d. Customer Support
Merchant will at any time be able to respond quickly to all inquiries from the Customer's side. In addition, Globill.net keeps the right to bill Merchant reasonable fees and recover its expenses on account of excessive customer inquiries, refunds, or charge backs. Prior to charging such Globill.net will try to make an agreement with the Merchant. If Globill.net and Merchant are unable to achieve mutually acceptable agreement, Merchant will have the option of continuing this Agreement subject to the additional fees and costs imposed by Globill.net or of terminating this Agreement.
e. Fraudulent transactions / Chargebacks
Globill.net reserves the right to suspend services to Merchant if the ratio of Fraudulent and Charged-back transactions exceed 2% of sale amount during a Payout period.
f. Full Compliance with Visa International and MasterCard Inc. rules and regulation.
Merchant to abide by the Rules and Regulations of the Card Associations
g. Other Conditions and Terms
Globill.net reserves the right to refuse to do business with anyone for any reason.

8. Authorization of Regulation

Merchant is responsible for all the products/services he/she is selling. It includes the responsibility whether products/services are legal. Merchant will conform to any and all laws, rules, regulations and other standards and credit card governing agencies regarding the sale of products over the Internet or in situations where the card is not present.

9. Taxes and related fees

All parties agrees to report and pay its own taxes imposed on its income by any jurisdiction. Should Globill.net be required to pay any such taxes on the income of Merchant, the amount of such taxes and all related interest, fines, or penalties shall become immediately due and payable to Globill.net. Globill.net will have right to collect and pay over taxes in the nature of an excise, sales, or use tax on behalf of Merchant or on account of its own sales of products if reasonably required to do so by a taxing authority of competent jurisdiction and shall further have the right to recover from Merchant the amount of any such taxes and related penalties and interest which are paid by Globill.net with its own funds.

10. Limitations of Liability

Globill.net assumes no liability for malfunctions of its equipment or software for any reason, including, but not limited to, vandalism, theft, phone service outages, Internet disruptions, human error, extreme or severe weather conditions or any other causes in the nature of "Acts of God" or any other force. Globill.net shall not be responsible for consequential damages or any other damages under any circumstances. In no case shall Merchant be entitled to recover damages from Globill.net, which exceed the sum of the amounts of sales commissions and service fees retained by Globill.net under this Agreement during the six months prior to event giving rise to the claim for damages.

11. Indemnification

Merchant is completely responsible for the content of its Web site, related pages and for the advertising and promotion of all of Merchant's products. Merchant represents to Globill.net that it is the owner or that it has right and authority to use all information or other property which either forms a part of its Web site, which is provided by Merchant to Customers, or which is used by Merchant in its advertising and promotion and to sell and deliver products to Customers. Globill.net assumes no liability of the Merchant for anything but commission amount of money involved in transactions.

12. Term

The term of this Agreement shall continue until a notice of cancellation by either party is given, or until termination occurs under other provisions of this Agreement. Globill.net reserves the right to terminate this Agreement without cause upon notification to the Merchant. Globill.net may further terminate this Agreement immediately without notice at any time the Merchant breaches any part of this Agreement, or if any program or facility used by Globill.net to implement this Agreement is disrupted or terminated for any reason.

13. Default

In the event Merchant defaults in any provision or fails to perform pursuant to this Agreement, Globill.net shall be entitled to damages, costs and attorney's fees from the Merchant.

14. Invalid or Non-enforceable Provisions

The invalidity or non-enforceability of any provision of this Agreement, as so determined by a court of competent jurisdiction, shall not affect the other provisions hereof, and in any such occasion this Agreement will be construed in all respects as if such invalid or non-enforceable provision were omitted. This agreement constitutes the entire agreement between the parties hereto.

15. Changes to Agreement

Globill.net may make amendments or modifications to this Agreement from time to time. Whenever practical, Globill.net will give Merchant advance notice of the changes to this Agreement.

© Globill.net
Last update 4 May 2009