Globill.net Terms and Conditions
1. Globill.net is...Globill.net services are provided to you, an Internet Merchant, selling products, services or membership subscriptions on the Internet. Merchant hereby appoints Globill.net as their provider of Merchant's online payments and other services as provided under this Agreement. Merchant may use Globill.net payment services to allow Customers to purchase Merchant's products, services or subscriptions using any major credit card or other payment method accepted by Globill.net.
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.
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
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
Merchant may choose from two pricing fee options.
These charges are applicable to both pricing options:
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
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 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 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.
4.2 For merchants selling memberships (subscriptions)
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.
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.
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.
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.
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.
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.