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Terms of Use

By using our crypto payment service, AndexPay, you agree to be legally bound by the present terms (including all policies), each as may be modified from time to time. You agree that we shall not be liable to you, your customers, or any third party in the event we exercise our right to modify or discontinue any of the services. If you do not agree to these terms of use, you may not use or access the AndexPay service.

In relation to transactions in cryptocurrencies, legal relations are between you and your customers making a payment or transaction. AndexPay is not a party to relations between you as a merchant and your customers making payments in Cryptocurrencies. AndexPay shall not accept any queries, requests, and complaints regarding you, your services, products, activities, payments, and any type of transactions, related to you as a merchant and your customers.

  1. ABOUT AndexPay

    Andex LLC (collectively called as “AndexPay”, “us”, “we”, or “our”) offers a crypto payment service that enables merchants (“you”, “your”, or the “users”) to accept cryptocurrency as a mode of payment from customers in a simple, secure, and fast way.

  2. THE SERVICE

    AndexPay enables you to integrate the payment service on your website with the network that will enable you to accept cryptocurrency as a mode of payment for your products or services.

    AndexPay is not a crypto exchange, wallet, nor a place to purchase or sell cryptocurrencies. By using the services, you authorize us to receive cryptocurrencies on your behalf and to take any and all actions we find necessary or desirable to provide the service or to comply with applicable laws. Payment by your customers to AndexPay will be considered the same as a payment made directly to you in accordance with all the applicable terms, including but not limited to the payment of fees.

  3. USE OF THIRD-PARTY SERVICES

    In using the AndexPay website or services, you may be made aware of services, products, and promotions provided by third parties. If you decide to use these third-party services, you do so at your own risk, and AndexPay shall not be responsible if your information associated with the use of the system becomes known to a third party as a result of you accessing these third-party services through communication channels that are beyond our services. AndexPay disclaims any liability for the third-party services and is not responsible for the performance or damage caused by the use of the third-party services.

  4. ONBOARDING REQUIREMENTS

    You are solely responsible for deciding whether the services offered on the website are suitable for your own purposes and whether the services match your needs. You are exclusively responsible for the information you input to the website and, you represent and warrant that you have the authorization to input all and such information.

    If you represent a business entity, you represent and warrant that:

    • you have the authority to access the services and website on behalf of that business entity;
    • the business entity is responsible for your use of the website in accordance with the terms of use and other relevant policies, and;
    • that you and the business entity you represent will be liable for any violations relating to your use of the website.

    We will ask you for contact information such as your name and email address. We will also ask for information on your business, including but not limited to your business’s legal name, registered address, and your business website, and you acknowledge that all the information that you provide at the time of your application must be accurate and complete. Additional documents or information may be required at our own discretion and may differ from case to case to help verify your identity and assess your business risk. We have the right to reject your application or to later close your account if you do not provide us with accurate, and complete information. You also guarantee to maintain and promptly update your information to keep it accurate, current, and complete.

    You also authorize us to obtain information about you and your business from third parties, such as credit and identity verification services.

    Your right to use AndexPay is only upon and in accordance with the procedures as described in these terms, and by submitting the required data about you and the legal business entity you represent.

    At our discretion, we may reject or later suspend or terminate our agreement without notice. Further, we may refuse you to access the service if we determine that your data or information are not accurate, current, or complete.

  5. INTEGRATION AND SERVICE RESTRICTIONS

    Once we provide you the Application Programming Interfaces (APIs), and you decide to integrate AndexPay in your website or system, you acknowledge that you do so at your own full risk and cost. AndexPay will not be held liable to you or any third party for any direct, indirect, damages, or any lost profits, revenues, data or other intangible losses that result from the said integration. AndexPay's technical support will also give assistance with the integration process to simplify and make it easier for you.

    Subject to the terms, you accept that the API and the service are non-transferable, and the right to use the API is only during the term of our agreement for the purpose of selling products or services to your customers.

    You must not permit any third party to directly or indirectly use or access or otherwise use the service to:

    • make the service available to anyone other than you and your customers;
    • sell, resell, aggregate, sublicense, distribute, rent or lease the service to any third party;
    • interfere with or disrupt the performance or integrity of the service;
    • frame, copy, or mirror any part of the service;
    • to build a competitive product or service;
    • or otherwise, attempt to obtain any of the services.

    AndexPay does not guarantee the permanent availability of the services via its API. We may decide, at our own discretion and without your prior approval, to make the system unavailable for performing maintenance, upgrades, addition or removal of new features or for the temporary or permanent cancellation of the whole or part of the services.

    If the cause for the unavailability or inaccessibility is unexpected or generally beyond the control of AndexPay, we are not obliged to inform you of the unavailability or inaccessibility beforehand. If the unavailability or inaccessibility is yet to schedule, AndexPay shall inform you before the day when the unavailability or inaccessibility occurs.

    Finally, you acknowledge that we may at all times decide to prevent you from accessing the service and its systems if and when such access can reasonably be considered a threat in any way to the security or proper functioning of AndexPay systems or services. We will notify you immediately that access has been blocked and we will inform you of the reasons for blocking. Such will need a reasonable explanation from your end.

  6. CRYPTOCURRENCY PAYMENTS

    By accepting AndexPay service, you shall comply with all applicable laws, policies governing the security, privacy, collection, retention, and use of the customer and transaction information. You agree to provide a separate privacy notice to customers on your website that discloses how and why information is collected and used, including uses stated in these terms of use.

    You acknowledge that AndexPay acts as a service provider by creating, maintaining, and providing our services to you via the Internet. We cannot ensure you that the customers you are transacting with will actually complete the cryptocurrency transaction and all of its risks remain with you.

    Once an accepted cryptocurrency transaction is submitted to the network, it will be unconfirmed for a period of time and is still pending for confirmation on the blockchain. A transaction is not complete while it is in a pending and unconfirmed state.

    You warrant that you and your customers may transfer information internationally in order for us to provide the service, and you acknowledge that you will obtain the necessary consents for such. You shall maintain the direct relationship with your customers and are responsible not limited to the following:

    1. Determine, indicate descriptions, and set the prices of your products or services, and clearly inform your customers that the products or services they buy are directly from you.
    2. Responsible for quality and delivery of your products or services along with the confirmation receipts for completed transactions.
    3. You shall bear all responsibility for the other expenses associated with the sale of your products or services.
    4. You shall inform your customers that all payments made in cryptocurrency are final and cannot be reversed.
    5. You uphold that AndexPay will not be held responsible for any surge or fall in the value of any cryptocurrency. Any and all risk of such volatility of the value of the cryptocurrency shall be carried by you.
    6. You are responsible to correspond with your customers to answer questions or resolve complaints including but not limited to:
      • the unauthorized debit of their cryptocurrency wallet;
      • payment errors (e.g. double payments or wrong amount);
      • defective products or services;
      • volatility in the value of the cryptocurrency;
      • fraud claims.

      Responding to your customer's concerns shall be your sole responsibility unless otherwise such debit or error was a direct result of a serious fault or gross negligence on the part of AndexPay.

    7. You understand that no contractual relationship will arise between AndexPay and your customers out of your use of the services. You will, therefore, be solely responsible for any and all consumer protection that may apply in your relationship with your customers.
    8. We have no obligation to identify the customers making payments to you as Merchant, nor the obligation to verify any identity offered. You are solely responsible for obtaining any information required to your customers including but not limited to ensuring that your customer is at least 18 years of age.
    9. AndexPay has the right to request that you collect identity information from your customers so that AndexPay may fulfill any current and future compliance obligations (e.g. under anti-money laundering and counter-terrorism financing legislation) it may be confronted with. You warrant and undertake to fulfill such request in good faith and honesty within the timeframe indicated and as requested by us.
    10. As a merchant of AndexPay, you accept the risk that a cryptocurrency transaction facilitated by us may be delayed and you agree not to hold us responsible for any damages, or losses arising out of or related to such delay.
    11. You shall disclose your information and terms and policies of transactions in online or offline materials to properly educate your customers.
    12. You agree that you will not use our service for criminal activities of any kind, including but not limited to, hacking, money laundering, terrorist financing, or drug and weapon dealings.
    13. You agree that the markets where you operate and want to use the services are not affected by the FATF sanctioned countries.
    14. You acknowledge that AndexPay should not get involved in any legal dispute that may arise between you and your customers.
    15. If you get involved into any legal dispute with any of your customers or a third party, you shall indemnify and hold AndexPay harmless against any and all liability, claims, suits, losses, costs and legal fees caused by, arising out of or resulting from any such dispute.
  7. MARKET AND CRYPTOCURRENCY REMOVAL

    AndexPay, in its sole discretion, may opt to temporarily or permanently remove a cryptocurrency from the listed cryptocurrencies or market, without prior notice and for any reason that AndexPay sees fit and necessary.

    AndexPay is not obliged to announce nor publish the intention to remove a cryptocurrency or a market in the future. You confirm that we shall not be liable to you for such change or removal.

  8. ANDEXPAY PRICING AND FEES

    AndexPay services are being offered without set-up fee, monthly fee, nor other transaction fees. We only charge processing fees for merchants with successful transactions with us. Such fees are listed on a separate Merchant Service Agreement.

    We reserve the right to change our fee schedule and pricing. For such cases, we will provide reasonable notice of any fees and will give you the opportunity to terminate our agreement before such fees or changes to fees become effective. Your continued use of the services after we notify you of any changes in our fees constitutes your acceptance of such change. And such fees when deducted are no longer refundable. Further, cryptocurrency transaction may incur a Network Cost which is included in the invoice total and are paid by the customer. The customer has the discretion to decide whether to proceed with the transaction or not after the invoice has been created.

  9. SETTLEMENT

    Merchant can receive a settlement on their designated settlement account subject to our approval. Proceeds shall be based on the available fiat currency or cryptocurrency at the time the settlement was made. AndexPay will settle the same amount as invoiced for the purchase at check-out, less the settlement fee as stated and agreed in the Merchant Service Agreement - Fee Schedule, without any adjustments due to cryptocurrency exchange rate fluctuations from the time of payment to the time of settlement. Unless otherwise agreed, the merchant will be credited based on the timeframe and minimum settlement amount set out on the Merchant Service Agreement. Additional fees may also be charged based on the expenses incurred by AndexPay. These additional fees and changes in settlement period will be disclosed in advance.

    AndexPay shall not be held liable for any delay or losses incurred as a result of improperly reported or designated settlement account. We are not responsible for any action taken by the financial institution holding your settlement account that may result in some or all of the funds not being credited to your account or not being made available to you in your account.

    If AndexPay needs to conduct an investigation related to your use of service, we reserve the right to suspend, delay or defer payouts to your settlement account should we determine it is necessary to do so or if required by law.

  10. SETTLEMENT EXCEPTIONS

    For situations when an invoice is not fully paid or overpaid, it will result in a settlement exception. As the merchant, it is your responsibility to inform your customers to fulfill the invoice amount as reflected in the merchant check-out. Any processed invoice, regardless of the status, is no longer reversible.

    1. Underpayments. This occurs when the customer sends less than the full cryptocurrency amount required to mark the invoice as fully paid. Since the invoice is not fully paid or complete, merchants should not process any order for the products or services requested by the customers. While AndexPay does not guarantee to provide any refund for these transactions nor will include any underpayments on your settlement, it is your sole responsibility to reconcile unfulfilled payments with your customers subject to your own policies.
    2. Overpayments. This occurs when an invoice receives excess funds. However, excess funds do not mean and require further action. Instead, we suggest that you reach out to your customers to submit payments for the correct amount as reflected on the payment page to avoid overpayments in the future. AndexPay shall not grant any request to credit any overpaid portion of the payment on your settlement account nor will apply excess payments for your customer’s succeeding transactions.
    3. Paid After Invoice Expired. This occurs when a payment for a transaction is received outside the allowable time frame. Regardless of the payment amount sent by your customers to the expired deposit address, it will not change the original invoice status. AndexPay shall not include any of these payments to the merchant’s settlement. It is your responsibility to educate your customers not to re-use any expired deposit address as any deposit using this will be subject to regular transaction fees.
    4. Sent to wrong coin/chain, missing tags, delisted coins, etc. If your customers have sent payments to the wrong cryptocurrency, or blockchain, or to a delisted cryptocurrency, it will no longer be recoverable and shall be forfeited. In such events, AndexPay shall not include these wrong payments to your settlement nor will transfer these wrong payments to complete other transactions.
  11. NO CANCELLATION RIGHT

    When your customers complete a transaction, you accept that you or your customers have no cancellation right in relation to the transactions.

  12. REFUNDS

    AndexPay is not responsible for merchants’ refund policies. Whether your customers are eligible for a refund is governed by our terms. AndexPay reserves the right to refuse to process, cancel or reverse any deposits for any reason, and AndexPay is under no obligation to provide refunds for any deposited or transacted cryptocurrencies. In the event that we cancel a transaction, we are not required to reprocess any of your customer’s transaction on the same terms as the refunded transaction.

    While we set a clear refund policy, you also need to establish a refund policy with your customers (including “no refunds are allowed as all transactions are final and irreversible”). If there are inconsistencies between AndexPay’s and your refund policy, AndexPay’s refund policy shall prevail.

  13. SERVICE SUSPENSION AND TERMINATION

    AndexPay may change or discontinue the availability of the service and at any time without any prior notice. AndexPay, for any reason, reserves the right to disable your processing capabilities, to suspend, or terminate your access to any of our services effective immediately. In the event of any termination, you will immediately cease and will not make use of any of the AndexPay services.

    Customer filing complaints with AndexPay about a purchase made to you will be forwarded for your resolution. We reserve the right to terminate your account if we receive excessive complaints coming from your customers.

    In the event that the agreement has been terminated, you agree to be continuously bound by the terms stipulated in the Merchant Service Agreement - Effect of Termination and Survival, and you agree that we shall not be liable to you or any third party for the termination of access to the services. You acknowledge that we may retain certain information pertaining to your account and your use of the services.

  14. PRIVACY POLICY

    We use your information as described in the Privacy Policy. If you object to your information being used in this way, then you must not use or discontinue using our services. For the avoidance of doubt, your name and personal details shall be used for identity purposes in the normal course of conducting business.

    Please see our Privacy Policy for more information regarding how we collect and use your information. The Privacy Policy is part of these terms, and you shall agree and comply with all the procedure stated therein.

  15. ANTI-MONEY LAUNDERING & COMBATING THE FINANCING OF TERRORISM

    AndexPay is committed to full compliance with all applicable laws and regulations regarding Anti-Money Laundering (AML). Our policy is to prevent people engaged in money laundering, fraud, and other financial crimes, including terrorist financing, from using our services.

    As part of our AML procedures, we collect information from you to satisfy our “know your customer” (KYC) obligations. This means that we may request information from you due to a specific identification requirement or as a result of our watch list screening process. We may ask you to provide documentation to help confirm your identity or provide additional information regarding your business.

    AndexPay has the right to request relevant legal documentation or to assist in the investigation from clients regarding cryptocurrency transactions. If you refuse to assist in the investigation or to provide the legal documentation, AndexPay has the right to suspend or cancel your use of any of our services at its own discretion in accordance with demands from legal authorities concerning money laundering, terrorist financing, criminal cases and such. AndexPay does not have the responsibility to compensate for losses incurred by this. You will be responsible for indemnifying any loss or damages incurred on AndexPay for your illegal activity.

  16. INDEMNIFICATION

    You will indemnify and hold AndexPay harmless from any claim or demand, including but not limited to legal disputes made by any third party due to or arising out of your breach to these terms, your improper use of our services or your breach of any law or the rights of a third party. In addition, we can charge fees to you for any liabilities you owe to us or loss suffered by us as a result of your breach of these terms.

  17. NOTICES AND COMMUNICATIONS

    You agree to accept all communications from us in all forms and you agree that all terms, conditions, agreements, notices, disclosures or other communications that we provide to you will be considered, complied and responded.

  18. JURISDICTION AND GOVERNING LAW

    All terms will be governed in all aspects by the laws of Georgia without reference to conflict of law or choice of law provisions, and applicable international law. If a disagreement or dispute in any way involves the services or these terms and cannot be resolved between you and us with reasonable effort, the disagreement or dispute shall be resolved exclusively by final and binding administration by the jurisdiction of the courts of Georgia.

  19. FINAL PROVISIONS

    We may update or change these terms from time to time by posting the amended terms on our website. Such updates or changes shall be effective at the time of posting. If you continue to use the Services after we provide notice of such changes, your continued use constitutes acceptance of the amended terms and an agreement to be bound by them. If you do not agree to the amended terms, you must discontinue and terminate the use of the services.

  20. NO WARRANTIES

    AndexPay provides the services on an "as is", “with all faults”, and “as available” basis and without warranties of any kind either express or implied, and your use of the services is at your own risk. Our site is free of charge, and without limiting the foregoing, we do not warrant that the services (and our website) will operate error-free or that defects or errors will be corrected; will meet your requirements or will be available, uninterrupted or secure at any particular time or location; are free from viruses or other harmful content. We do not endorse, warrant, guarantee or assume responsibility for any product or service offered or advertised by the merchants or of a third party through the services or through our website, and we will not be a party to nor monitor any interactions between you and third-party providers of products or services.

  21. CONTACT INFORMATION

    If you have any questions or uncertainties regarding these terms, as well as claims or the provisions of the use of our services, you may contact us at support@andexpay.com.