Web Pay Terms and Conditions
1. Definitions
"Bank" refers to any bank, credit card company, payment agency or other source of payment for services Buyers acquire from the Customer;
"Buyer" refers to anyone who directly or indirectly contracts with the Customer to acquire goods or services from the Customer where this involves or might involve the Customer's use of Web Pay;
"Web Pay" refers to the on-line credit card transaction facilitation service provided by Maxnet
"Customer" refers to all persons, companies, or other entities identified as having active accounts as per the Standard Terms and Conditions of Maxnet
"Merchant" means anyone who agrees to provide payment services to Buyers.
2. Security
Maxnet will ensure that all transactions are passed using secure protocols designed to ensure that any information transmitted using Web Pay is encrypted to industry standards.
3. Reporting
Maxnet will maintain a computerised record of all transaction information provided to or generated by Maxnet in providing Web Pay to the Customer. Subject to any restrictions imposed by law, by Buyers or the terms of this Agreement, Maxnet will provide the Customer with on-line access to those records for a minimum period of three months after the date of the transaction.
4. Policies and Procedures
The Customer will comply with the following obligations when using Web Pay:
1. comply with Maxnet's policies and procedures for use of Web Pay as notified to the Customer from time to time; and
2. notify Maxnet immediately of any tampering with Web Pay.
5. Reasonable Use
The Customer will use Web Pay in a reasonable and responsible manner and in accordance with Maxnet's Acceptable Use Policy. The Customer may not use, or allow anyone else to use, Web Pay for any illegal purpose or in a manner which is likely or intended to cause damage to Maxnet's network or to affect transmission of any Maxnet service or to cause damage to any person, whether a Maxnet customer or not.
6. Validity of Transactions
The validity and acceptance of any transaction using Web Pay is a matter between the Customer and the Bank. Subject to Maxnet's obligations as set out in this Agreement, Maxnet is not responsible for any error in any transaction which may occur.
7. Transaction Speed
Maxnet will complete all transactions using Web Pay as soon as is reasonably possible but Maxnet does not guarantee that any of its Services will be provided instantaneously, or that any transaction can be completed or will be completed within any minimum time.
8. Customer Responsibility
The Customer is responsible for the relationship between the Customer and its other contractors and with Buyers, Banks and other Merchants.
9. Limit of Liability
1. Maxnet is not part of and has no responsibility for the arrangements the Customer enters into with its other contractors or with Buyers, Banks or other Merchants to provide the Customer's services.
2. Except where expressly agreed otherwise, Maxnet is not the Customer's agent and will not enter into contracts or other arrangements on the Customer's behalf with the Customer's other contractors or with Buyers, Banks or other Merchants.
3. Maxnet is not responsible to the Customer, or to anyone who uses Web Pay, for the following:
a) obtaining from anyone else any consents or approvals it may be necessary or prudent for the Customer to obtain to use Web Pay;
b) any failure or lapse in security on or relating to the Customer's or anyone else's computer or communications system;
c) any failed or illegal transactions;
d) any declining or reversing of authorisation or payment by a Bank;
e) the application of the laws of another country to the electronic transactions the Customer enters into;
f) any loss resulting from the Customer not meeting any of its responsibilities under this Agreement, or from anything else the Customer does or fails to do or delays in doing; and
g) anything anyone else does or fails to do, or delays in doing, for any reason.
10. Indemnity
The Customer agrees to indemnify Maxnet for any loss, costs or damages incurred by Maxnet, by the Customer failing to comply with the terms of this Service Schedule.
11. Maxnet's Responsibility to Buyers
Maxnet has no responsibility to the Buyers.
12. Governing Law
This Agreement is governed by the laws of New Zealand.
13. Termination
Either party may, on giving 30 days prior written notice to the current postal address of the other party, terminate Web Pay service.