*By registering on our site you accept Terms of service and Privacy policy.
Last updated: October 17, 2018
These General Terms of Service (“General Terms”) are a legal agreement between you (“you”, “your”) and “nowpay” (“we,” “our” or “us”) and regulate your use of Paybusiness’s services, including mobile applications, websites, software, hardware, and other products and services (collectively, the “Services”).
If you are using the Services on behalf of a business, you represent to us that you have authority to bind that business or entity to these terms, and that business accepts these terms.
By using any of the Services, you agree to these General Terms and any policies referenced within (“Policies”), including terms that limit our liability (see Liability Section) and require individual arbitration for any potential legal dispute (see Disputes Section).
You also agree to any additional terms specific to Services you use such as Payment terms, which become part of your agreement with us (collectively, the “Terms”). You should read all of our terms carefully.
These General Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you and any attempted transfer or assignment will be null and void.
You consent to “nowpay”’s Privacy Policy, which explains how we collect, use and protect the personal information you provide to us.
You must open an account with us (a “Paybusiness Account”) to use the Services. During registration we will ask you for information, which may include but is not limited to, your name and other personal information.
You must provide accurate and complete information in response to our questions, and you must keep that information current.
You are fully responsible for all activity that occurs under your “nowpay” Account, including for any actions taken by persons to whom you have granted access to the “nowpay” Account.
We reserve the right to change the account type, suspend or terminate the “nowpay” Account of anyone who provides inaccurate, untrue, or incomplete information, or who fails to comply with the account registration requirements.
We may amend the Terms at any time with notice that we deem to be reasonable under the circumstances, by posting the revised version on our website or communicating it to you through the Services (each a “Revised Version”).
The Revised Version will be effective as of the time it is posted, but will not apply retroactively.
Your continued use of the Services after the posting of a Revised Version constitutes your acceptance of such Revised Version.
Any Dispute (as defined in Disputes Section) that arose before the changes will be governed by the Terms in place when the Dispute arose.
You agree that we use electronic signatures with communications with you according to Electronic signatures Section. We may provide disclosures and notices required by law and other information about your “nowpay” Account to you electronically, by posting it on our website, pushing notifications through the Services, or by emailing it to the email address listed in your “nowpay” Account.
Electronic disclosures and notices have the same meaning and effect as if we had provided you with paper copies.
Such disclosures and notices are considered received by you within twenty-four (24) hours of the time posted to our website, or within twenty-four (24) hours of the time emailed to you unless we receive notice that the email was not delivered.
If you can not agree with this rule, you may need to terminate your “nowpay” Account.
You may not, nor may you permit any third party, directly or indirectly, to:
If we reasonably suspect that your “nowpay” Account has been used for an unauthorized, illegal or criminal purpose we may immediately suspend your account or delete it permanently.
We have implemented comprehensive technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You provide your personal information at your own risk.
You are responsible for safeguarding your password and for restricting access to the Services from your compatible mobile devices and computer(s).
You will immediately notify us of any unauthorized use of your password or “nowpay” Account or any other breach of security.
Notwithstanding Disputes Section, in the event of any dispute between two or more parties as to account ownership, we will be the sole arbiter of such dispute in our sole discretion. Our decision (which may include termination or suspension of any “nowpay” Account subject to dispute) will be final and binding on all parties.
You consent to accept and receive communications from us, including email, text messages, calls and push notifications to the cellular telephone number you provide to us or update the contact information associated with your account.
Such communications may include, but are not limited to requests for secondary authentication, receipts, reminders, notifications regarding updates to your account or account support, and marketing or promotional communications.
You acknowledge that you are not required to consent to receive promotional texts or calls as a condition of using the Services. Call and text message communications may be generated by automatic telephone dialing systems.
You may opt-out of receiving promotional email communications we send to you by following the unsubscribe options on such emails. You acknowledge that opting out of receiving communications may impact your use of the Services.
“nowpay” may offer Services to be paid for on a recurring basis (“Subscription Services”) or on an as-used basis (“As-Used Services” and, together with the Subscription Services, “Paid Services”).
Subscription Services may subject you to recurring fees and/or terms. By signing up for a Subscription Service, including after any free trial period, you agree to pay us the subscription fee and any applicable taxes as set forth in your “nowpay” Account settings or as otherwise agreed in writing (“Subscription Fee”).
As-Used Services may subject you to fees charged per usage and/or terms. By using an As-Used Services, you agree to pay the fees and any taxes incurred at the time of usage (“As-Used Services Fees” and, together with Subscription Fees, the “Paid Service Fees”).
Paid Service Fees may be deducted from your transaction proceeds or paid by debit/credit card. If you link a debit or credit card to your account, you authorize us to collect Paid Service Fees from them.
Regardless of payment device, we reserve the right to collect Paid Service Fees by deduction from your transaction proceeds, the Balance (as defined in the Payment Terms) in your “nowpay” Account or your linked bank account.
You may cancel a Subscription Service at any time from your “nowpay” Account settings.
If you cancel a Subscription Service, you will continue to have access to that Subscription Service through the end of your current billing period, but you will not be entitled to a refund or credit for any Subscription Fee already due or paid.
We reserve the right to change our Subscription Fee upon thirty (30) days’ advance notice. Your continued use of Subscription Services after notice of a change to our Subscription Fee will constitute your agreement to such changes.
We may terminate these General Terms or any Additional Terms, or suspend or terminate your “nowpay” Account or your access to any Service, at any time for any reason.
We may add or remove, suspend, stop, delete, discontinue or impose conditions on Services or any feature or aspect of a Service.
We will take reasonable steps to notify you of termination or these other types of Service changes by email or at the next time you attempt to access your “nowpay” Account. You may also terminate the General Terms and Additional Terms applicable to your “nowpay” Account by deactivating your “nowpay” Account at any time.
If these General Terms or your “nowpay” Account is terminated or suspended for any reason:
In addition to any payment obligations under the Payment Terms, the following sections of these General Terms survive and remain in effect in accordance with their terms upon termination: Effect of Termination, Ownership, Indemnity, Representations and Warranties, No Warranties, Limitation of Liability and Damages, Governing Law, Disputes and Arbitration, Assignment, Third Party Service and Links to Other Web Sites and Other Provisions.
We grant you a limited, non-exclusive, revocable, non-transferable, non-sublicensable license to use the software that is part of the Services, as authorized in these General Terms.
We may make software updates to the Services available to you. Any such software updates may be subject to additional terms made known to you at that time.
We reserve all rights not expressly granted to you in these General Terms. We own all rights, title, interest, copyright and other Intellectual Property Rights (as defined below) in the Services and all copies of the Services. These General Terms do not grant you any rights to our trademarks or service marks.
For the purposes of these General Terms, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights, and other intellectual property rights that may exist now or come into existence in the future, and all of their applications, registrations, renewals and extensions, under the laws of any state, country, territory or other jurisdiction.
You may submit comments or ideas about the Services (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction, that it will not place us under any fiduciary, confidentiality or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone.
You will indemnify, defend and hold us and our processors (and our respective employees, directors, agents, affiliates and representatives) harmless from and against any and all claims, costs, losses, damages, judgments, tax assessments, penalties, interest, and expenses (including without limitation reasonable attorneys’ fees) arising out of any claim, action, audit, investigation, inquiry, or other proceeding instituted by a person or entity that arises out of or relates to:
You represent and warrant to us that:
The use of “nowpay” in this sections means “nowpay”, its processors, its suppliers, and its licensors (and their respective subsidiaries, affiliates, agents, directors, and employees).
The services are provided “as is” without representation or warranty, whether it is express, implied, or statutory. Without limiting the foregoing, “nowpay” specifically disclaims any implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
“nowpay” does not warrant or guarantee that
“nowpay” does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party.
“nowpay” does not have control of, or liability for goods or services that are paid for using the Services.
We do not warrant that the Services will be compatible with your mobile device or carrier. Your use of the Services may be subject to the terms of your agreements with your mobile device manufacturer or your carrier.
To the maximum extent permitted by applicable law, in no event will “nowpay” be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, that result from the use of, inability to use or unavailability of the service. In all cases, “nowpay” will not be liable for any loss or damage that is not reasonably foreseeable.
Under no circumstances will “nowpay” be responsible for any damage, loss, or injury resulting from hacking, tampering or other unauthorized access or use of the services or your “nowpay” account, or the information contained therein.
To the maximum extent permitted by applicable law, the total liability of “nowpay” is limited to the amount of fees earned by us in connection with your use of the services during the three (3) month period immediately preceding the event giving rise to the claim for liability.
This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability or any other basis, even if “nowpay” has been advised of the possibility of such damage. The foregoing limitation of liability will apply to the fullest extent permitted by law in the applicable jurisdiction.
“nowpay” and its affiliates and third party service providers (“nowpay”) may need to provide you with certain communications, notices, agreements, billing statements or disclosures in writing (“Communications”) regarding our Services.
You confirm your ability and consent to receive Communications electronically from “nowpay”, its affiliates, and its third party service providers, rather than in paper form, and to the use of electronic signatures in our relationship with you. If you choose not to agree with terms of this section or you withdraw your consent, you may be restricted from using the Services.
“nowpay” may provide all Communications electronically by email, by text message, or by making them accessible via “nowpay” websites or applications.
Communications include, but are not limited to
To access and retain the electronic Communications, you will need a computer or mobile device with Internet or mobile connectivity with recent version of web browser.
The browser must have cookies enabled. Use of browser extensions may impair full website functionality.
For application-based Communications you need a device with recent operating system that supports text messaging, downloading and installing applications from the Apple App Store or Google Play store.
You confirm that have access to the email address used to create an account for “nowpay” Services and it has sufficient storage space to save Communications and/or a printer to print them.
If you use a spam filter that blocks or re-routes emails from senders not listed in your email address book, you must add @paybusiness.org domain to your email white list or our email(s) to your email provider’s address book.
You can change your email address in the “nowpay” account’s Profile section.
You may withdraw your consent to receive electronic Communications at any time, by writing to the “nowpay” support. However, withdrawal of your consent to receive electronic Communications may result in termination of your access to Services.
“Disputes” are defined as any claim, controversy or dispute between you and “nowpay”, its processors, suppliers or licensors (or their respective affiliates, agents, directors or employees), including any claims relating in any way to these Terms or the Services, or any other aspect of our relationship.
These General Terms and any Dispute will be governed by Belize law.
Any action or proceeding by you relating to any Dispute must commence within six months after the cause of action accrues.
You and “nowpay” agree to arbitrate any and all Disputes by a neutral arbitrator who has the power to award the same individual damages and individual relief that a court can. Any arbitration under these general terms will only be on an individual basis; class arbitrations, class actions, representative actions, and consolidation with other arbitrations are not permitted. You waive any right to have your case decided by a jury and you waive any right to participate in a class action against “nowpay”.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced (but in no case will there be a class or representative arbitration).
All Disputes will be resolved finally and exclusively by binding individual arbitration with a single arbitrator (the “Arbitrator”) according to this Section and the applicable arbitration rules of Belize Arbitration Act.
You may be offered services, products and promotions provided by third parties and not by “nowpay”, including, but not limited to, third party developers who use “nowpay”’s services (“Third Party Services”).
If you decide to use Third Party Services, you will be responsible for reviewing and understanding the terms and conditions for these services. We are not responsible or liable for the performance of any Third Party Services.
Further, you agree to resolve any disagreement between you and a third party regarding the terms and conditions of any Third Party Services with that third party directly in accordance with the terms and conditions of that relationship, and not “nowpay”.
The Services may contain links to third party websites. The inclusion of any website link does not imply an approval, endorsement, or recommendation by “nowpay”. Such third party websites are not governed by these General Terms.
You access any such website at your own risk. We expressly disclaim any liability for these websites. When you use a link to go from the Services to a third party website, our Privacy Policy is no longer in effect. Your browsing and interaction on a third party website, including those that have a link in the Services is subject to that website’s own terms, rules and policies.
These General Terms, and any applicable Additional Terms or Policies, are a complete statement of the agreement between you and “nowpay” regarding the Services. In the event of a conflict between these General Terms and any other “nowpay” agreement or Policy, these General Terms will prevail and control the subject matter of such conflict.
If any provision of these General Terms or any Additional Term is invalid or unenforceable under applicable law, then it will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
These General Terms do not limit any rights that we may have under trade secret, copyright, patent, or other laws. No waiver of any term of these General Terms will be deemed a further or continuing waiver of such term or any other term.
Last updated 17 October 2018
This Privacy Policy covers visitors to https://nowpay.click (“Site”) and business customers who have registered with Paybusiness and its subsidiaries and affiliated companies (“Paybusiness” or “We”). Capitalised terms used in this Privacy Policy shall have the meaning set forth herein or in the Paybusiness Terms of Services found at https://nowpay.click/tos.
We collect information primarily to provide better services to all of our customers. We collect information you provide to us on our Site such as your name, email address, company name and payment information. We may also obtain information from other sources and combine that with information we collect on our Site.
When you visit our Site, some information is automatically collected. This may include information such as the Operating System (OS) running on your device, Internet Protocol (IP) address, access times, browser type, and language, and the website you visited before our Site. We also collect information about how you use Paybusiness’s product(s).
We automatically collect information using “cookies” and Web beacons. Cookies are small data files stored in your browser by a website and web beacons are electronic images that may be used on our Site or in our emails. Among other things, cookies help us improve our Site, our marketing activities, and your experience. We use cookies to see which areas and features are popular and to count visits to our Site.
Most Web browsers are set to accept cookies by default. If you prefer, you can choose to set your browser to remove cookies and to reject cookies. If you set your browser to reject cookies, some features won’t work due to the technology specificity. For more information on how to reject cookies, see your browser’s instructions on changing your cookie settings.
Paybusiness retains your data while you are a customer. If you want to delete all your information in our system simply use “delete account” option in control panel.
We also collect personal information from buyers of our users, usage of which is also governed by this Policy.
We use the information we collect primarily to provide, maintain, protect and improve our current products and to develop new ones. We use personal information collected through our Site as described in this Policy or on our Site. For example, we may use your information to:
We may display the following information to logged-in users according to their access level: first name and last name of all team members, analytics showing user usage of software, end user names, emails and sales data, user feedback and exceptions.
We are not responsible for securing data or information by logged-in users. In no event shall PayBusiness, its subsidiaries, affiliates or any of their respective directors, officers, employees or agents, be liable to products/applications users for revealing information by the logged-in users after obtaining such information by them from the Company.
We process Personal Data on own servers placed in several countries (not US or EU area). Data stored and processed by the PayBusiness platform may sometimes be moved between different servers (in a secure manner).
All countries or territories where PayBusiness processes data ensure an adequate level of protection for the rights and freedoms of data subjects in relation to the processing of said data.
Paybusiness takes the protection of customer data extremely seriously. Technical measures are in place to prevent unauthorised or unlawful access to data and against accidental loss or destruction of, or damage to data.
Information You Share
Our privacy policy does not cover any third party services. To learn about those third parties’ privacy practices, please visit their policies.
Information We Share
We do not share your personal information with third parties without your consent other than:
Paybusiness takes reasonable steps to help protect your personal information in an effort to prevent loss, misuse, unauthorised access, disclosure, alteration and destruction. It is your responsibility to protect your user names and passwords to help prevent anyone from accessing or abusing your accounts and services. You should not use or reuse the same passwords you use with other accounts as your password for our services.
If you are under 18, or the age of majority in the jurisdiction in which you reside, you may only use the Paybusiness website and Paybusiness Services with the consent of your parent or legal guardian.
You may opt out of receiving promotional emails from Paybusiness by following the instructions in those emails.
If you opt out, we may still send you non-promotional emails, such as emails about your Paybusiness projects or our ongoing business relationship. You may also send requests about your contact preferences, changes and deletions to your information including requests to opt-out of sharing your personal information with third parties by emailing help@nixt.io.
Paybusiness will respond within thirty (30) days to any request to delete your information. Individuals who have provided information to Paybusiness’s customers must send requests to change or delete such information to the particular Paybusiness customer.
PayBusiness may change this Policy from time to time. If we make any changes to this Policy, we will change the “Last Updated” date above. You agree that your continued use of our Services after such changes have been published to our Services will constitute your acceptance of such revised Policy.
If you have any questions about this Policy, please contact us at help@nixt.io.