Wizzfone Limited is a company registered in England under registration number 05440617. Its registered
office address is: Alum House, 5 Alum Chine Road, Bournemouth, Dorset, BH4 8DT, UK.
© Copyright 2007 - 2012. All rights reserved.
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Your payment wizard
Terms & conditions for the license of Wizzfone Wizzpay Service.
Definitions
"Wizzfone" or "us" means Wizzfone Limited, 5 Alum Chine Road, Bournemouth, Dorset, BH4 8DT, United Kingdom. "You", "your"
or "you" means the signatory to this agreement or the entity entering into this agreement by agreeing to these terms by using
and or registering at www.wizzfone.com or www.wizzpay.com.
"Product" means a product or service provided by Wizzfone as specified in detail at the wizzfone.com or wizzpay.com web site or
attached to this contract. Products identified on the Wizzfone.com or Wizzpay.com websites are modified from time to time.
"Payment Product" means a Product in connection with which Wizzpay provides you with a payment wizard.
"Payment Wizard" means a Product provided by Wizzfone through the Wizzpay.com website which provides you with a facility,
a debit, credit card PayPal payment interface, (an app) to charge your customers for products and services via the secure
PayPal payment service.
"Service or Product" means any product or service provided by you directly or indirectly to your customer and charged via the
Wizzpay Payment Wizard.
"Merchant" refers to you, the provider of the chargable product or service.
You agree:
1.
to be responsible for the updating, marketing, pricing and support of the Service or Product you offer.
2.
to be responsible for you sales taxes and ensure that you the Merchant complies with all applicable tax laws, and to
indemnify Wizzfone for any loss or damage that Wizzfone incurs by reason of your breach of this provision.
3.
to ensure your Service or Product complies with all applicable laws, regulation, licenses, codes and guidelines and to
indemnify Wizzfone for any loss or damage that Wizzfone incurs by reason of your breach of this provision.
4.
to ensure your Service or Product complies with PayPal terms and conditions (see PayPal terms and conditions),
codes and guidelines and to indemnify Wizzfone for any loss or damage that Wizzfone incurs by reason of your breach
of this provision.
5.
that you have all necessary rights to Service or Product in the countries that you deliver it or transport it and you
indemnify Wizzfone for any loss or damage that Wizzfone incurs by reason of your breach of this provision.
6.
to correctly categorize Service or Product using the tools provided by Wizzfone and you indemnify Wizzfone for any
loss or damage that Wizzfone incurs by reason of your breach of this provision.
7.
to comply with our Service or Product abuse processes in Schedule 1 (Abuse Process)
8.
to give Wizzfone the rights to defend ourselves against claims resulting from your Service or Product, and indemnify
Wizzfone against fines or damages that result from your misuse of our services.
9.
to pay for all the service provided by Wizzfone in advance or as specified otherwise in writing by Wizzfone.
10.
to follow the technical guidelines provided by Wizzfone for the correct usage of the Wizzpay wizard.
11.
to keep confidential and secure any passwords or other security credentials supplied by Wizzfone or your customers.
12.
to market your Service or Product only in accordance with all appropriate regulations and guidelines that apply to you
and confirm that Wizzfone can withhold the Wizzpay service in the event that marketing or usage does not so comply.
13.
to use the Wizzfone Wizzpay Wizard system strictly in conformance with any applicable laws, including those relating
to personal data privacy and to indemnify Wizzfone against any fines or damages that result from your breach of this
provision.
For payment products:
1.
to provide sufficient identification of yourself to enable Wizzfone to meet its "Know your customer" obligations under
anti-money laundering legislation and regulations.
2.
to provide sufficient identification of yourself to enable PayPal to meet its "Know your customer" obligations under anti-
money laundering legislation and regulations.
Wizzfone agrees:
1.
to use reasonable endeavours, competence, diligence and skill to keep the Product operating as specified.
2.
to communicate with you if any Product stops working for any significant period.
3.
to keep confidential any information provided by You or generated by your interactions with Wizzfone except where
you are using Wizzfone to make the information accessible to third parties or as required by law.
4.
to record and store data in accordance with the allowance specified in the Product provided. Wizzfone may archive
and remove all data outside this allowance from live storage.
5.
to provide you with a procedure for reporting and rectification of problems with a Product.
General:
1.
These Terms and Conditions are under the laws of England.
2.
The "place of business" for VAT purposes is the United Kingdom.
3.
Data collected by Wizzfone is retained confidentially and used as permitted by the laws of England.
4.
Wizzfone can suspend items on your Product List if we have reasonable grounds for suspicion that you are in breach
of your agreement with Wizzfone or if we are responding to a complaint under the Abuse Process.
5.
Wizzfone reserves the right to make changes to the functionality of the Wizzpay application from time to time, for
development purposes and if required due to third party actions outside Wizzfone’s control or due to regulations or
legislation.
6.
Wizzfone warrants to you that it is the owner of or is licensed to use all copyright, trademarks and other intellectual
property rights relating to Wizzfone and Wizzpay service.
7.
Wizzfone will not have rights in or to exploit any Service or Product provided by You save is as necessary to provide
any Products and then only for the period of this agreement.
8.
You will gain no rights whatsoever in any software, hardware or any matter or thing comprising the Wizzfone platform
or any Product.
9.
Use of Wizzfone services are subject to the usage limits established by the product you have chosen.
10.
If you reach the usage limits established for your product, Wizzfone will at its discretion either automatically stop
providing services which would exceed the usage limit or will continue to provide service and will notify you of your
options to avoid service suspension.
11.
In the case of Wizzfone services, such as the Wizzpay Payment Wizzsard, where you or your Products and Service
use Wizzfone services, and the usage limit is under your control, Wizzfone reserves the right to modify the behaviour
of such services if usage limits are reached and you do not respond to Wizzfone's request to reduce usage. Such
modification may include delaying response to services, providing alternative or re-routed responses to service
requests or ignoring such requests.
12.
It is your responsibility to provide to your customers, clear information about data collection practices that make use of
Wizzfone products as part of your privacy policy.
13.
Notice may be given by email. You agree that Wizzfone may give notice by sending an email to the address provided
by you as part of the sign-up or account set-up process, or as later notified by you. You may send notices to Wizzfone
at support@wizzfone.com or, in connection with cancelling the service.
14.
These terms and conditions are subject to change. The terms and conditions on Wizzfone's web site current at the
date at which you set up your Wizzfone Account govern your agreement with Wizzfone from that date until the end of
the notice period contained in any notice sent to you announcing Wizzfone's posting of new terms and conditions, after
which the new ones will apply. Should you not accept the new terms and conditions, you may terminate this
agreement, in which case the notice period in paragraph 3 of the Indemnification and Termination provisions below will
not apply.
15.
Each party agrees to keep confidential and secure any information which has been declared by the other party to be
confidential or which by its nature is confidential including but without limitation passwords or other security credentials
or information concerning a party's business or its customers which the receiving party has received in connection with
this Agreement or which it has access to through or which is generated by your interactions with the Wizzfone systems
and shall not disclose it to any other person except if that information (a) is already in the public domain (b)as already
been generated independently by the receiving party (c) is required to be disclosed by a regulator of Government
authority pursuant to a lawful request for such information or (d) is required to be disclosed for the purposes only of a
party's fulfilling its obligations or exercising its rights under this Agreement.
16.
Except as otherwise agreed in writing, these terms and conditions form the entire agreement between Wizzfone and
you, and supersede any prior agreement covering the same subject matter and any prior written or oral
representations.
Indemnification and Termination:
1.
Wizzfone accepts no liability for loss of service caused by third parties over which Wizzfone has no control. Nothing in
this contract excludes Wizzfone’s liability for fraud caused by the actions or omissions of Wizzfone, personal injury or
death. Wizzfone is not liable for loss of profit or damage to reputation.
2.
Wizzfone’s liabilities are limited to the amounts paid by you over the last twelve months. The parties agree that this is
a reasonable pre-estimate of the maximum damage that could be caused by loss of the services. Damages up to this
amount are the only remedy that you have for breach of this agreement except where otherwise agreed in writing.
3.
This agreement is terminated by you by removing the Wizzpay Payment Wizard and links to the App from your
device.
4.
This agreement may be terminated by Wizzfone if Wizzfone notifies you of violation of the terms of this agreement and
you have not corrected that violation within 7 days of Wizzfone giving you written notification of that violation.
5.
The Wizzpay service may be suspended by Wizzfone if you are in breach of the contract.
6.
Wizzfone may terminate the supply of any Product with 30 days notice unless otherwise specified in writing in the
product description.
Schedule 1: The Wizzfone Abuse Process
People are encouraged to inform Wizzfone if they suspect Service or Product Providers using the Wizzfone Products are doing
anything illegal or infringing relevant regulations. Reports can be made by email to support@wizzfone.com, via Wizzfone web
pages, by telephone to a Wizzfone employee or in writing to Wizzfone.
When such a report is received by Wizzfone, Wizzfone activates its Abuse Process to investigate and resolve the situation swiftly
and effectively, and to ensure compliance with relevant laws and regulations.
The abuse procedure is:
1.
Wizzfone’s support team attempts to identify the Service or Product Provider to which the report refers.
2.
Wizzfone contacts the Reporter, if possible, to confirm it has received the report and potentially to clarify what they
have seen or how to reach it. Wizzfone advises them that it is investigating, that Wizzfone may notify law enforcement
authorities, of the role and responsibilities of Wizzfone and if appropriate suggests they contact law enforcement or
other organizations.
3.
If Wizzfone can identify the Merchant, Wizzfone will provide them with details of the report we have received and
remind them of their obligations under the T&C and remind them of the reach of the Global Internet.
4.
Wizzfone will advise the Merchant that it has activated its investigative procedures, which may include involvement of
law enforcement or other competent bodies to investigate the report.
5.
If the report appears to Wizzfone staff to breach T&C and a Wizzfone company officer agrees, the Service or Product
will be reviewed, and a decision taken by a Wizzfone company officer on "immediate suspension of the Wizzpay
service".
6.
The Wizzfone Support department will keep as an "open issue" any allegations, and the status is reviewed weekly until
Wizzfone takes a view that the report no longer poses a significant risk to Wizzfone or Wizzfone staff and that the
Merchant concerned is now in compliance with T&C.
Schedule 2: General Product Terms and Conditions
The following terms and conditions additionally apply depending on the products and services selected.
All products:
1.
Data recorded by Wizzfone is stored for 13 months for analysis (providing month on month comparison for 1 year)
unless otherwise stated by the Product description.
2.
Data older than this will be removed from live storage and will not be available within the online reports and will not be
available for export, either online or through the Web Services API.
3.
Wizzfone should be notified of any expected short term spikes / peaks wherever possible in advance.
4.
Wizzfone contains user tracking capabilities whose use may be restricted by applicable laws  and the use to which it
will be put and any opt-in or opt-out requirements.
5.
Wizzfone reserves the right to introduce technology such that, on an Event by Event basis, Wizzfone will record
(anonymised) individual tracking data only if it receives confirmation that the respective end user has opted in for such
tracking.
Payment products with credit card billing capabilities:
1.
You will always respond promptly to inquiries from Wizzfone on behalf of customers or from customers directly, and
shall endeavour to resolve disputes with said customers.
2.
A refund is the actual reimbursement of the cost of Service or Product to a customer regardless of the basis for the
reimbursement ("Refund"), Wizzfone cannot issues a refund, this is carried out through your PayPal account.
3.
All credit card chargebacks are your responsibility and are managed through your PayPal account.
4.
Wizzfone does not confer card association merchant status upon you. Neither is Wizzfone is the card association
merchant. Your card association merchant status is conferred on you by PayPal. You will not conduct yourself in a
manner that will endanger Wizzfone's merchant status, including without limitation, misrepresenting the relationship
between you and Wizzfone. You will represent Wizzfone as an authorized retailer of the Wizzpay Wizard or out-
sourced vendor solution and NOT as a "credit card processor" or a "payment gateway".
5.
You must not refer to Wizzfone at any time as a "Credit Card Processor", or "A Third Party Processor", or "A Payment
Gateway." Similar restrictions on the manner in which Wizzfone is described apply for any buttons or links to Wizzfone
contained on your web site and marketing materials.
6.
Acceptable terminology for buttons or links to Wizzfone is "Buy Now".
7.
Unacceptable terminology to link to Wizzfone includes phrases like: "Click Here to Pay" or "Process Payment Now".
8.
Please refer to PayPal agreement to display card association related materials such as trademarks, service marks,
logos and other protected items belonging to the card associations.
9.
Refer to your PayPal agreement with regard to products and services you are allowed to sell using your PayPal
account.
Wizzfone Wizzpay trials (evaluation)
1.
Wizzfone provides a free trial version of the Wizzpay Payment Wizard. This provides full product functionality up to a
currency value specified by the Application, except as otherwise stated here. You may upgrade to a paid Product at
anytime, and from that time functionality will depending on the particular Product chosen.
2.
The Free Wizzfone Wizzpay Payment wizard trial requires you to comply to these terms and conditions.
3.
The Free trial begins at the point where you connect your device to the application. The Free trial ends after you
signup and pay for Wizzpay application.
4.
You may cancel the Free trial at any time by removing the Wizzfone Wizzpay payment application and  links from your
device.