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.
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.
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.
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.
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:
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.
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:
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.
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:
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.
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.
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.
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.
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.
When your customers complete a transaction, you accept that you or your customers have no cancellation right in relation to the transactions.
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.
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.
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.
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.
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.
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.
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.
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.
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 firstname.lastname@example.org.