Terms & Policy

 

The distribution of the text of this Contract with the System Client (hereinafter, the "Contract") shall be considered by all interested parties as a public offer of the Payment System "E-Payments",
hereinafter referred to as the "Appointee," addressed to individuals, entrepreneurs, legal entities, the UAE Citizens, the UAE Residents and Non-Residents (Tourists) to enter into a contract of accession as a Client.
The conclusion of the said Contract shall be effected by joining to the terms and conditions (acceptance) of the Contract by clicking the Accept button in accordance with the basic provisions of the UAE laws.
The use of services offered in E-Payments System means acceptance of the Contract and Terms and Conditions of the use of E-Payments Payment System by the Client.


1. The operation of the Contract for scope of persons:
1.1. The Contract shall be applied to individuals, entrepreneurs without the formation of a legal entity (Entrepreneurs) and legal entities, the UAE citizens, the
        UAE residents and non-residents (Tourists).
1.2. The parties assure that they have the statutory powers to conclude this Contract.

2. The signatories of this Contract are entitled to carry out the said acts.
     Terms and definitions used in the Contract:
2.1. "Advance" - means the Client's cash transferred to the Appointee to fulfill the Client's monetary obligations to the Operator and other Client's orders.
        The Client retains ownership of the advance until the Appointee executes the Client's order.
2.2. "Payment Kiosk" - is a software and hardware package used by the Appointee to transfer the Orders from the Client to the Operator and accept the                         Advance from the Client, which meets the requirements of the State
         Inter-Departmental Expert Commission on Cash Registers in the category of ATM in the context of the authorization to use them in the execution of cash             settlements with the public.
2.3. "Purchase Order" - means a Client's application that reflects the Client's desire to purchase a certain amount of service in the Operator's Communication               System, describing the purchased service and its amount in monetary terms.
         - The Order can be made in the following forms, but not limited to: _ Transfer of an encrypted digital key to the Operator, which corresponds to a 
         predetermined amount of services in the currency (PIN)
         - Transfer, through radiotelephone and computer communications, of a completed according to the Operator's form purchase request for the service via 
         electronic communication channels as well as in other forms agreed by the parties.
2.4. "Individual" or "legal entity" means a party to the appointment contract of E-Payments System.

2.5. "CHANGE CARD" - means a reference document issued to the Client by the Appointee, reflecting the amount of the advance over the sum of the Orders
         made. It has a unique digital ID (PIN), with which the Appointee unilaterally certifies and identifies in its accounting the amount of the specified excess
         Advance  over the Order.
         CHANGE CARD is not a means of payment, it is a primary accounting document, a strict reporting form or a receipt for tax purposes, but it can be used to
         verify the positive balance of the Advance in the transfer of subsequent Orders.
2.6. "Operator" - means a legal entity (entities) providing services to the Clients.
2.7. "Appointee" means E-Payments Payment System, a legal entity that perform legal and other actions on the instructions of, on behalf of and at the
        expense of the Client, related to the Client's access to the Operator's Billing System.
2.8. "E-Payments" System - is an organized interaction between the Operator, the Appointee and the Client, whereby the Client can purchase the services of
         the Operator through the Appointee.
2.9. "Operator's Services" - means organized interaction between the legal entity providing the communication service (Operator) and the users of these
         services (Clients), including (but not limited to) both the communication services and the cost-accounting system based on the volume of these services
         and the distribution of costs by Clients (billing).

3. Subject of the Contract:
3.1. The Client instructs the Appointee to make civil law contracts for a fee on its behalf and expense (Client) with the Operators.
3.2. The Client assigns and the Appointee accepts an assignment on behalf of the Client to transfer a Purchase Order for a certain amount of the Operator's
         services to the latter.
3.3. The Client transfers an advance to the Appointee for the Order payment in the amount of 100% of its value and assigns to perform the cash obligations of
         the Client to the operator.
3.4. The Appointee provides the Client with other services provided for by the Contract.

4. Rights and Obligations of the Appointee
4.1. The Appointee shall be obliged to:
4.1.1. Perform the Client's orders to transfer the Client's Purchase Orders for a specific amount of the Operator's services to the Operators.
            The rights and obligations relating to transactions related to the purchase of the Operator's services shall arise directly for the Client.
4.1.2. On its own behalf, but at the expense of the Client's advance, carry out cash obligations in respect of transactions of purchase of the Operator's services
            by the Client in the amount of the Client's Order.
4.1.2. Comply with the information security rules.
4.1.3. Ensure the confidentiality of information that is known to the Appointee in the performance of the obligations under the Contract.
4.1.4. Participate in resolving disputes between the Client and the Operator.
4.1.5. Perform other obligations under the Contract.
4.2. The Appointee shall be entitled to:
4.2.1. Deduct the fee for its services from the Advance in the amount, in the manner and within the terms provided for in the Contract.
4.2.2. Suspend the operation of its software and/or hardware when detecting significant malfunctions, errors and failures, as well as in order to conduct
            preventive maintenance and prevent unauthorized access to resources.
4.2.3. Refuse the Client to perform the cash obligations in favor of the Operators under contracts concluded with them in the case of failure to comply with the
            requirements of the electronic workflow.

5. Rights and Obligations of the Client.
5.1. The Client shall be entitled to:
5.1.1. Send assignments to the Appointee to make transactions and perform other actions with the Operators.
5.1.2. Receive other services from the Appointee in the manner and within the terms provided for in the Contract.
5.2. The Client shall be obliged to:
5.2.1. Before using any of the functions of the payment terminal, read this Contract and accept its terms.
5.2.2. Ensure the amount of the current advances required to make transactions and pay a fee to the Appointee.
            The advance is made in cash (UAE dirhams) through the payment terminal.
5.2.3. Pay for the services of the Appointee (fee) in the amount, in the manner and terms required by the Contract.
5.2.4. Comply fully with the instructions of the Appointee and the Operators on the performance of the Contract.
5.2.5. By himself in sel-servce mode receive the goods (services) that are sold (provided) by the Operators.
5.2.6. Perform other obligations under the Contract.

6. Return of the Advance.
6.1. A partial and full return of the Advance is possible under this Contract both in connection with the termination of the Contract and without it.
6.2. A partial return of the Advance without termination of the Contract is possible only if the amount of Advances made is exceeded the amount of the
        transferred Operator's Orders (the amount availiable in the change card).
6.3. A full return of the Advance with termination of the Contract is possible only if there is no connection of the terminal with the operator's server or other
        faults of the terminal, so that the amount of Advances made is returned (the amount availiable in the change card).
6.4. To receive a return of the Advance, the Client needs to present a change card for certifying the amount to be returned.
6.5. Return of the Advance to the Client (or other entities having a power of attorney from the Client, executed in accordance with the existing UAE legislation)
         may be carried out (at the Client's choice):
         In cash through the Appointee's cash desk on the presentation of identity documents or a bank transfer by requisites specified by the Client.
         By an electronic voucher that allows the Client to use a card for use money for another service provided by the Appointee.
6.6. If the current advance is insufficient to cover the cost of cash transfer and the payment of the fee, the Appointee shall refuse the transaction to the Client.

7. Procedures for the provision of services by the Appointee.
7.1. The conclusion of a civil law contracts by the Appointee on behalf of the Client is possible only with the Operators.
        The list of Operators is updated and published on the Web-Server.
7.2. The order of transactions with the Operators is described in the instructions published in the payment kiosk menu and on the Appointee's Web-Server.
7.3. The current advance is reduced immediately after the transaction is confirmed by the Client (generation of the Orders to the Operator).
7.4. The Appointee does not participate in the transfer of goods (provision of a service) to the Client.
        The transfer of goods (provision of a service) and the issuance of the accompanying documents (certificate, consignment note, guarantee obligation, etc.) 
        shall be carried out directly by the Operator in accordance with the rules and procedures established by it.
7.5. In the event of a dispute between the Client and the Operator, the Appointee, at the request of the Client, issues a authenticated certificate reflecting the
        details of the Client's assignment and the actual transfer by the Appointee of the Client's advances to the Operator for the relevant goods (services) if such
        transfer has already been made.
7.6. The Appointee may refuse to provide the service in the following cases:
7.6.1. Failure of software, hardware, other services of the Appointee and the Operators that make the service provision impossible.
7.6.2. If, as a result of the service provision (transaction), the Client's current advance becomes negative unless otherwise provided by other agreements with
            the Appointee,
7.7. the Assignments given by the Client to the Appointee under the contract shall be irrevocable.

8. Services and Vendors
8.1. For the provision of services under the Contract, the Client pays a fee to the Appointee in the amount, in the manner and within the terms prescribed by
        the Tariffs.
8.2. The tariffs are displayed on the service type selection screen, and on the payment screen just before as cash will inserting, the user is given a choice,
        detailing the full information on the commission rates.
8.3. The Appointee by itself deducts the fee by reducing the Client's current Advance by the amount by the Tariffs.

9. Taxes and other mandatory payments to the budget.
9.1. The Parties shall, on their own, pay all taxes and other mandatory payments to the budget, arising from their performance of the Contract, unless the
         Appointee acts as a tax agent.

10. Responsibility of the Parties.
10.1. The Client shall be liable for any loss or other negative consequences arising from default or improper performance of obligations under this Contract,
           the instructions of the Appointee and the Operators on the performance of the Contract, including, but not limited to:
10.1.1. Errors in filling the Orders made pursuant to this Contract.
10.1.2. Concluding transaction with a non-Operator.
10.1.3. Non-compliance by the Client with the information security rules.
10.2. The Parties shall be exempted from liability for failure or improper performance of the obligations under this Contract if the failure is the result of force
           majeure, arising after the conclusion of this Contract as a result of events of an extraordinary nature that the Party could neither foresee nor prevent with             reasonable measures (force majeure).

11. Procedures for the Client's claim handling and settlement of disputes.
11.1. The Client's claim shall be made in writing and sent to the Appointee no later than 30 days from the date of the occurrence of the circumstances in
           respect of which the claim is filed.
11.2. The Client's claim shall contain the following details:
11.2.1. Date and time of occurrence of the circumstances in respect of which the claim is filed
11.2.2. Conditions for such circumstances occurrence
11.2.3. Content of the Client's requirements
11.2.4. The Client's contact details
11.3. The Client's claim shall be examined within ten (10) days from the date of its receipt with a substantiated response.
11.4. When agreement is not reached, disputes shall be reviewed in court.

12. Procedure for the introduction of amendments to the Contract
12.1. The Appointee may unilaterally amend the Contract, including modify the Tariffs, by placing new text on the Web-Server. Unless otherwise stated, the
           changes made shall take effect immediately.
12.2. The Parties agreed to treat the contract as a written document complying with all the requirements of the legislation provided for such contracts.

13. Contract validity period. Conclusion and termination of the Contract:
13.1. The Contract shall be deemed indefinitely concluded as of the date of receipt of the Acceptance by the Organizer System in accordance with Clause 13.3.
13.2. The Contract shall come into effect from the time of the first transaction through the payment kiosk.
13.3. Conclusion of the Contract:
13.3.1. The Contract with legal entities and Entrepreneurs shall be made in hard copy, signed and sealed by the Client and the Appointee.
13.3.2. The Contract with individuals may be concluded (according to the Client's choice) in one of the following ways:
13.2.2.1. On hard copy, signed by the Client and the Appointee, by Acceptance of the Contract with the Client and confirmation of Acceptance by the Appointee.
13.2.2.2. Making a transaction by the Client through the payment kiosk, pressing the buttons and inserting the money into cash acceptor shall be deemed as
                  acceptance of this Contract.
13.4. Termination of the Contract: - The Contract shall be considered as terminated from the date on which the Parties fulfill all the obligations arising
           therefrom.

14. Final provisions
14.1. All documents referred to in the Contract, as well as the documents drawn up in connection with its performance, shall be an integral part of it.
14.2. In all that is not expressly provided for by the Contract, the Parties shall be governed by the laws of the UAE and the good business practices.
14.3. If any provision of the Contract becomes invalid, it does not affect the validity of the rest of its provisions.
14.4. Failure by either Party to fulfill one of its obligations under the Contract does not mean that other obligations and rights under this Contract will be
           forgone.
14.5. All settlements under the Contract, made by the System Organizer, as well as its opinions on matters relating to the Contract, are binding on the Client,
           except in cases where the latter detects an apparent calculation error.
14.6. If rounding is required for settlements under the Contract, it is made for a larger amount according to the general rules.

15. Contact Details of the Parties:
15.1. The Appointee's details: P.O. Box: 243137 | Dubai U.A.E.
           Call Center: +971 (4) 22 30305 [Working time:10.00–18.00 Su–Th]
15.2. The Client's details will be transferred to the Appointee in the performance of the Contract.

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