FIBBPAY (“we”, “us”, “our”, “FibbPay”), a company incorporated in the UK, who operates a payment gateway to enable the Merchant (“you”, “your”) to receive payments through credit cards, e-wallets, and authorized payments channels (called as vendors). By using the service described below, you agree to be bound by the terms of use of this agreement (including all policies), each as may be modified from time to time. If you do not agree to these terms of use, you may opt not to use or access this website and its service.
FIBBPAY renders “Payment Processing Services” which means the payment processing services offered by FibbPay, this provides MERCHANTS the ability to accept credit cards, debit cards, and other payment methods under the accepted brands such as Visa, Mastercard, and China UnionPay, etc. These services include Gateway Services, Fraud Protection Tools, APIs and services and technology as described on the website.
The gateway services offered by FibbPay provide MERCHANTS with the connectivity required to allow real-time secure data transmission for processing of credit and debit card payments on a website.
3.1 Your use of our service is subject to these terms in their entirety and by using the service you agree to be bound by them.
3.2 The details provided by you on accessing or sending an inquiry by using the “Contact Us” form on the website at any later time must be correct and complete. You need to provide the complete information as required.
3.3 Our use of your personal information submitted via the website or otherwise is governed by our Privacy Policy. Our Privacy Policy can be found at https://www.fibbpay.com/privacy-policy. Please see our Privacy Policy for more information on cookies and the data we collect.
4.1 Our site is made available free of charge.
4.2 We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site has permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.
4.3 You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions and that they comply with them.
Before we can process payments, we need to verify your business, your identity, and your eligibility. We typically ask for a range of documents and information such as your company details, and personal identification documents. When we are verifying this information, we may share details with third parties such as acquiring banks.
You acknowledge that this may include your name, addresses, credit history, and other data about you and your company. You acknowledge that we may use your information to verify any other information you provide to us, and that any information we collect may affect our assessment of your overall risk to our business.
You acknowledge that in some cases, such information may lead to suspension or termination of your account. We may periodically update this information as part of our underwriting criteria and risk analysis procedures to determine whether you continue to meet the requirements.
You permit FibbPay to share information about you or as otherwise specified in the Privacy Policy. FibbPay, its processor and/or acquiring bank may conclude that you will not be permitted to use the Payment Services.
You must promptly update us with any changes affecting you, the nature of your business activities, your representatives, beneficial owners, principals, or any other pertinent information. We may suspend your processing or terminate our agreement if you fail to keep your information updated.
We are not obliged to offer any services to you, and our decision as to whether to do so is entirely our decision.
FibbPay provides access to the API that may be used to access the services. You may use the API solely as described in the Documentation to use the services on authorized websites and through the applications identified.
You must not use the API for any purpose, function, or feature not described in the Documentation or otherwise communicated to you by us. Due to the nature of the Services, we will update the API and Documentation from time to time and may add or remove functionality. We will provide you Notice in the event of material changes, or removal of functionality from the API so that you may continue using the services with minimal interruption.
In order to accept card payments, you must comply with all Network Rules applicable to MERCHANTS, including the Network Rules provided by Visa, MasterCard, China UnionPay, etc. Subject to the requirements, FibbPay will provide you with the service.
You may only submit charges through the Payment Processing Services that are authorized by your customers. Upon receipt of a customer's payment, we will transmit the payment to the customer’s bank in accordance with good practice.
You acknowledge that payment processing requires an agreement for the supply of direct debit services to be entered into between you and the customer. You agree to enter into such agreement with customers and comply with your obligations under it. You shall maintain the direct relationship with your customers and are responsible for:
acquiring appropriate consent to submit payment through the Payment Processing Services on their behalf;
providing confirmation or receipts to customers for each payment;
delivering of products and services purchased by your customers in a timely manner;
verifying customers’ identities;
address customer queries promptly and
determining a customer’s eligibility and authority to complete transactions.
FibbPay shall process all instructions received using the information you provide. You shall accept full responsibility for all transactions processed through the use of such information whether or not processed with your knowledge or by your authority.
All payments made using FibbPay are final and executory. However, FibbPay reserves the right to cancel a transaction including but not limited to: fraudulent transactions due to identity theft, phishing, credit card fraud, and other transactions with other fraud indicators. Such payments may be subject to refund.
We shall not be held liable for the failure of the merchant to deliver the said product or service as advertised.
You acknowledge that FibbPay should not get involved in any legal dispute that may arise between you and your customers.
If for any reason FibbPay is required or resolves to issue a refund to any customer for a transaction, you shall be responsible for the total amount of the refund or otherwise stated, including the costs of issuing a refund (collectively, “Refund Fee”), as defined in the Merchant Service Agreement – Fee Schedule.
We may decline to act upon a Refund instruction, or delay execution of the instruction, if:
it would cause your account balance to become negative;
you are in the subject of account suspension; or
where we otherwise believe that there is a risk that you will not meet your liabilities under these terms (including with respect to the charge that is the subject of the Refund instruction).
If your customer contacts you wishing to cancel a payment, you should request to cancel it with us by contacting your designated Account Manager in accordance with the agreed refund policies and procedures.
You shall communicate with us if you suspect fraudulent activities with your account. On our side, if we identify a suspicious transaction, we may take applicable action, and this includes refund execution or blacklisting of the customers' account.
FibbPay shall not be held liable to Merchant in the event a customer disputes a transaction. We will assist in giving information and investigating the disputed transaction, but FibbPay shall not be under any obligation or responsibility on the result or outcome of the disputed transaction.
We will request the necessary information from you to contest the disputes. We may also use any content you submit to respond to the disputes on your behalf. You acknowledge that you will assist us in investigating a disputed transaction, including providing necessary documentation or information in a timely manner. Failure to comply may result in holding the amount of the potential chargeback from payments, holding of the settlement, suspension of processing or termination of your account.
If we are unable to recover funds related to a chargeback for which you are liable, you agree to pay us the full amount of the chargeback immediately upon demand. You agree to pay all costs and expenses, including all the fees and other expenses, incurred by us for the collection of all amounts unpaid by you.
High Dispute ratio as enforced by the Card Scheme may result in your inability to use the Payment Processing Services. Failure to timely and effectively manage disputes with your customers may ultimately result in your inability to accept payment cards for your business.
You acknowledge that dispute resolutions are not decided by us and has solely determined by the rules and regulations set by the card payment brand, as implemented by issuing banks.
Protection of Personal Data is significant to us. Our Privacy Policy explains how and for what purposes we collect, use, retain, disclose, and safeguard the Personal Data you provide to us. You agree to the terms of our Privacy Policy, which we may update from time to time. Our Privacy Policy can be found at Privacy Policy.
We have implemented technical and organizational measures designed to secure your personal information from accidental loss, unauthorized access, use, alteration, or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You provide your personal information at your own risk.
The security measures implemented include the following:
SSL technology.
Real-time firewall monitoring system to prevent unauthorized access.
Payment Card Industry Data Security Standards (PCI-DSS) and,
Applicable Association data security requirements (including those made available by Visa, MasterCard, and China UnionPay, etc.)
You are solely responsible for the security of any data on your website, your servers, in your possession, or that you are otherwise authorized to access or handle. You will comply with applicable laws and payment method rules when handling or maintaining Customer Data and Personal Data.
Additionally, you agree to comply with its obligations under any applicable law or regulation as may be in effect or as may be enacted, adopted or determined regarding the confidentiality, use, and disclosure of cardholder information. You also agree to ensure data quality and that any customer data is processed promptly, accurately and completely, and complies with the associations’ technical specifications.
FibbPay settle funds to your account that you designate and authorize as your settlement account. You affirm that we are authorized to initiate settlements to and debits from your settlement account and that the settlement account is owned, administered and managed by you. As scheduled, FibbPay will charge the fees defined in the Merchant Service Agreement - Fee Schedule to your settlement account. You shall bear all the costs and expenses incurred for all the services, as well as any other costs incurred by FibbPay, including foreign exchange fees and fines.
You undertake that you will immediately notify us of any discrepancies in the settlement amount, within sixty (60) calendar days from the receipt of the settlement report. Otherwise, the payments shall be deemed correct and final without prejudice.
The term “Payout Schedule” refers to the time it takes for us to initiate a payout to your settlement account. FibbPay will settle funds to your settlement account according to the discussed Payout Schedule.
We reserve the right to change the Payout Schedule or to suspend settlement to you for reasons including but not limited to:
Where there are pending, anticipated, or excessive Disputes, Refunds, or Reversals;
in the event that we suspect or become aware of suspicious activity; or
where we are required by Law or court order.
We have the right to withhold payout to your settlement account upon termination of our agreement if we reasonably determine that we may incur losses resulting from credit, fraud, or other legal risks associated with your account. If we exercise our right to withhold a payout for any reason, we will communicate the general reason for withholding the payout and give you a timeline for releasing the funds.
FibbPay’ conduct know-your-customer, anti-money laundering requirements, and verification. We shall provide reasonable information and assistance in setting up a Merchant account. FibbPay shall apply appropriate anti-money laundering measures and procedures to focus its effort in those areas where the risk of money laundering and terrorist financing appears to be comparatively higher.
FibbPay may Terminate your use of the Payment Services at any time for any reason. Termination on these terms does not relieve you of the obligation to pay the fees accrued including but not limited to chargebacks, invoices, and any other amounts owed to us as provided in these Payment Terms or the Terms of Use. Should your access to Payment Services has been terminated, you may still be permitted to use FibbPays’ other products, subject to our discretion.
Our Board of Directors are actively concerned with corporate governance and understands that diligently discharges its responsibilities by ensuring that the organization has appropriately and effectively managed and controlled. FibbPay practices regular internal audit risk assessment and a review cycle for the entire organization. FibbPay risk-based internal audit plan provides an opportunity for the top management team to understand the organization’s evolving objectives and implement a more dynamic risk-based approach to the internal control process.
These General Terms and any dispute will be governed by the UK law and or applicable federal law, without regard to its choice of law or conflicts of law principles.
We, as part of our compliance with our quality and Merchant satisfaction obligations, have a comprehensive Merchant and complaint procedure; this involves the senior staffs and directors until the matter is resolved to the satisfaction of all parties.
Account Managers and Desk Managers will investigate the Merchant complaints or failures in communication, and they will ensure to address the matter as soon as possible. We aim to provide Merchant with easy access to our Merchant services team who receives the record, investigate and respond to complaints.
FibbPay disclaims all Policy and Terms of Use set out above does not infringe or violate any intellectual property or other proprietary rights of any third party in any jurisdiction, and makes no warranties hereinbefore. FibbPay make no representation that the operation of this website will be uninterrupted or error-free. FibbPay will not be liable for the consequences of any interruptions or errors.
By accessing any page of this website, you agree with the policy and Terms & Conditions set out above. In case of any discrepancy among other languages (if any), the English version shall apply and prevail.
