Globill.net Terms and Conditions

1. GLOBILL.NET is an Internet Payment Service Provider (IPSP), hereafter referred to as IPSP.

IPSP services are provided to you, our Partners, hereafter referred to as Partner, selling products, services or membership subscriptions on the Internet. Partner hereby appoints IPSP as their provider of Partner's online payments and other services as provided under this Agreement. Partner may use IPSP payment services to allow Customers to purchase Partner's products, services or subscriptions using any major credit card or other payment method accepted by IPSP.

2. Description of Services

a. IPSP acts as an intermediary between Partner's Internet web site and the banking network, the Partner's payment page is located on IPSP's secure servers. As part of the Service IPSP also provides the Partner with access to a management interface which allows the Partner to track sales and make certain administrative changes to its account(s) online.
b. We do not provide any type of Customer user support or technical support concerning your Merchandise or Services. Our Customer support is limited to assisting potential Customers in the use of the IPSP Site to make purchases of Merchandise or Services, providing information concerning the status of your fulfillment of Orders, and assisting Customers regarding refunds, returns and billing questions. We will refer any other type of support inquiries from Customers or prospective Customers to you, and you agree to provide reasonable Customer support for such inquiries.

3. Payment from IPSP to Partner

IPSP agrees to pay Partner for all products, services, membership or subscriptions charged by IPSP as described in this agreement. IPSP will charge Customer's credit card upon the completion of the order and pay amount minus commission and if applicable transaction fees to the Partner (as described in the document). The amount to be paid to Partner will be calculated on a twice monthly basis for the prior payment period. Payout dates are the 7th and the 22nd of each month:

Payout Period 1: days 1 to 15 of the month. Payout initiated on or before the 22nd of the month
Payout Period 2: days 16 till the end of the month. Payout initiated on or before the 7th of the following month.

IPSP will effect an Telegraphic Transfer (Wire Transfer) payment to the Partner on the due date. The payment due to Partner is equal to the sum of all Customer Charges for products, services or memberships that have been delivered within the specified time period LESS
(i) All disputes, inquiries, and/or refunds processed on account of Partner's Customer Charges during the payment period.
(ii) Any penalties, taxes, charges or other items occurring during the period in any other way, and
(iii) The IPSP processing commission fee - see table 1 below.
(iv) The sum of all Customer Charges denied, refused, or charged back by the Customer or the credit card service provider during the period.
(v) Rollover Reserve. A contingency reserve (rollover reserve) is built up by retaining 10% of funds during a maximum period of 6 months. These funds are held to indemnify IPSP associated Retailers from chargebacks and claims lodged against your account due to merchants going out of business, bankruptcy, fraud charges and claims for non-delivered goods, warranties and or pre-paid yearly fees. The reserve is refunded 180 days after termination.
(vi) Holdback. A holdback may be retained on the sole discretion of IPSP and or it's financial institutions based on the track record and performance of the Partner's account to limit any losses that IPSP may suffer due to it's merchant liabilty for 180 days worth of sales reversals and chargebacks.

Partner may choose from two payment payout options.

Option 1

IPSP charges a flat percentage of the sale amount

IPSP rates go down as your volume increases

No per transactiopn fees (no charge per authorisation, settlement or refund)

No charges for failed payments

Table 1: IPSP Processing commission Fees

* Note, for clarity, that One-time Billing usually refers to a once-off membership payment. This membership payment would typically grant the user (the member) access to a members site, for a fixed period of time.

Processing fees are calculated as a percentage of the sale amount according to the table above. The transaction volume is a count of each successfully authorised customer payment, for the latest payout period.

Fees charged are EITHER column A OR column B.

Column A: The rates for selling Low Risk e-Products, Tangible Goods, Services, Donation payments and Fixed-period memberships. The distinction between High Risk and Low Risk is made at the discretion of Globill.net and depends on the nature of your online business, shop, membership site or service offering.

Column B: High Risk e-Products, Tangible Goods, Services, Donation payments and Membership Subscriptions (recurring billing).

If you do not have your own Merchant Account then add the rate, depending on your transaction volume, presented in column C.

Per Transaction Fee: No charge

Per Refund Fee: No charge

Wire/Telegraphic Transfer into the Merchant Partner's bank account: US $25.00 + 0.4% (max of $90)

Payout Account Report : US $29.00

Chargeback Fee: A fee of US $20.00 will be charged to the Merchant for every transaction which we process on the Merchants behalf which is "charged-back" by the Customer.

Option 2

Applicable for tangible goods and services only

Processing fee: 5.9 %

Variable Risk Profile fee: Depending on the customer's risk profile, between 0% to 3.3%

Transaction fee: US $0.99

Wire/Telepgraphic Transfer into the Merchant Partner's bank account: US $25.00 + 0.4% (max of $90)

Payout Account Report : US $29.00

Chargeback Fee: A fee of US $20.00 will be charged to the Merchant for every transaction which we process on the Merchants behalf which is "charged-back" by the Customer

IPSP shall have the right to change the fees stated herein upon providing notice to client at least 10 days prior to the effective date of such changes. IPSP will deduct this fee from your funds before payment to you.

In order to resolve complaints and disputes, you agree that IPSP may issue refunds without your knowledge or approval in any situation IPSP thinks is appropriate. IPSP may also include the customer in its database of blocked accounts if there is an indication of fraud or inappropriate use of the customer's information by the customer or anyone else.

Memberships (subscriptions) Pricing Options
The minimum price that you can charge is US $2.00 (or equivalent in your pricing currency) per transaction. The maximum price that you can charge is at the discretion of IPSP.

A minimum total sale amount is required during each payout period in order for the payout to be affected for the preceding payout period. If the amount is less than the stipulated minimum amount then the payout is carried forward to the following payout period. This will continue until the minimum payout amount is achieved. The minimum payout amount is US $300.00.

We send payments directly to your bank account via Wire Transfer, or Telegraphic Transfer in some countries (Electronic Payment directly into your bank account) . Your bank may directly collect additional fees to receive the payment, and you will be solely responsible for any such fees.

4. Merchant Partner's Obligation

Partner will develop and maintain Web site(s) which will advertise and describe the products, services or memberships that will be charged through IPSP. If applicable, Partner will design these Web sites in a manner, which automatically refers customers to IPSP's Checkout Process (Transaction Entry pages) using the instructions provided to Partner via IPSP's Merchant Interface or via e-mail.

Partner agrees that it will comply at all times with all applicable federal, state/provincial, or local laws, rules and regulations including any applicable card association or Automated Clearing House rules. Merchant is fully responsible for the content and promotion of its Web site.

Partner further agrees that it will not use IPSP services for sale, promotion, or engagement in illegal activities including, but not limited to, spam, pyramid schemes, check-cashing services, collection agencies, child pornography, bestiality.

Partner represents and warrants to IPSP that it is the owner and/or that it has full right and authority to use and disseminate all information, data, graphics, text, video, music or other intellectual property which either forms a part of its Website, which is provided by Partner to Customers, or which is used by Partner in its advertising or promotion. Partner is solely responsible for maintaining the confidentiality and security of its Username and Password for their account(s). Partner is responsible for any and all activities that occur under Partner's Merchant Interface account(s).

Partner is responsible for providing information which is timely, complete, truthful, and not misleading.

Partner must provide a valid, working e-mail address when creating a new Merchant account and in communication with IPSP's staff. Anonymous and free email adresses are discouraged.

Partner will notify IPSP of any changes of ownership, regulatory actions or financial conditions that could materially affect IPSP's rights under this Agreement.

Partner may change and add to or delete from the list of 'Accepting/Selling Currencies' for their websites.Partner may change the 'Pricing Currency' during TEST mode. During LIVE processing mode, Partner must provide 30 days pre-notification via email of intention to change 'Pricing Currency'.

4.1 For partners selling tangible goods and services
Partner agrees to promptly deliver to its own Customers all products and services sold under this Agreement. IPSP charges all credit card transactions to customers' credit cards. After receipt of each valid customer order, IPSP will send Partner a Purchase Order via E-mail, and IPSP will also post the order on the Merchant Interface screen.

Partner will deliver the ordered product(s) and service(s) to the Customer, and if requested by IPSP will promptly acknowledge the shipment using e-mail or the User Interface, whichever is applicable. Partner will acknowledge an order as "Shipped" after the merchandise has already been shipped. Partner agrees to deliver all merchandise to Customers without any delay.

Partner will not offer backordered or out-of-stock products for sale unless there will be another agreement signed by IPSP and the Partner. If Partner is unable to ship any part of any Customer order within 4 to 6 business days, Partner will cancel the order via e-mail or using the User Interface. There will be no partial shipments made by Partner unless agreed on it with another agreement.

IPSP reserves the right to request from new and current Partners accurate information concerning your fulfilment of Customer's order.

IPSP reserves the right to process a refund for any order which it, at its sole discretion, is believed to be of a fraudulent nature, transacted in a manner inconsistent with the terms and conditions of this Agreement, or is in violation of any other statute or law.
If a shipment of Merchandise or Services is not safely delivered intact to the Customer within 20 days, or if we receive feedback from a Customer that the Merchandise was damaged upon arrival and was either not accepted or was accepted from the shipping carrier and later determined to be damaged, or Services not provided in full, we will promptly forward any information concerning such incident to you via e-mail. You agree to promptly resolve the concern, either by authorizing a Refund for the transaction or by reshipping (at no additional cost to IPSP or the Customer) new Merchandise in place of the lost or damaged Merchandise. You must bear all costs to return any damaged Merchandise back to you. You may choose to purchase (at your cost) adequate shipping insurance to cover your potential losses arising out of shipping Merchandise, as we will not be responsible for reimbursing you for any of these losses. If you fail to adequately respond to our forwarding of the inquiry or complaint concerning a lost or damaged shipment by the end of three full business days that passes after we have sent the inquiry e-mail to you (either by reshipping, communicating your intention to reship within 5 business days of the inquiry being sent to you, or by authorizing a Refund), then IPSP may unilaterally make a Refund to the Customer as described below.

4.2 For partners selling memberships (subscriptions)
You agree to use IPSP's services for the sale of legal content and services from your website. On IPSP's signup page for your member's website, IPSP will plainly show the customer (members/subscribers) the price(s) you are charging and all terms and conditions of the purchase. If you sell recurring memberships then you must provide the ability for customers to cancel their membership.

You will always maintain the ability to respond to your customer's technical inquiries and try to resolve issues amicably. If, in IPSP's opinion customer complaints and/or chargebacks are excessive, IPSP may choose to cancel this agreement and you agree to immediately reimburse to IPSP all its expenses related to chargebacks and refunds.

You may change the access prices and subscription options for your membership website whenever you want. The correctness, functionality, and accuracy of these changes are your responsibility regardless of who makes them.

5. Partner's Cancellation of the service

The Partner may cancel this Agreement with notice given to IPSP.
IPSP shall terminate this Agreement and shall no longer charge for Partner's products or services to Customers after notice of cancellation is received. Any previous transactions will be paid as scheduled no matter when the cancellation has occurred. The Partner is obligated to fulfill or cancel any Customer Orders submitted before the cancellation.

6. Authority

Each party represents and warrants that it has the legal capacity and authority to enter into and perform its obligations under this Agreement and that those obligations shall be binding without the approval of any other person or entity. Each person signing this Agreement on behalf of a party represents and warrants that they have the legal capacity and authority to sign this Agreement on behalf of that party.

7. General Terms and Conditions for the service

a. Losses by either party.
Partner shall not hold IPSP responsible for any claims, expenses, and losses that may have occurred due to any reason in connection with the charge of sale of Partner's Product(s) to Customers by IPSP. This will include the costs and expenses of Customer refunds and/or returns and Charge Backs as well as any cost that may have occurred during the order fulfillment or after the fulfillment.
b. Limits on transactions
IPSP reserves the right to limit any sale of products or services and to refuse to process transactions to any Customers for any reason. IPSP also reserves right to set the limit of the amount that can be charged using IPSP services. IPSP reserves the right to put any other limitations on transactions. IPSP is not responsible for any of Partner's losses, including claims for profit losses.
c. Return and Refund Policy
Partner will accept returns, and will agree to refund the Customers who have initiated an inquiry or a complaint either with IPSP or with the Customer's credit card issuer. IPSP will use its best efforts and skills to resolve inquiries and complaints from the Customer's side in such a manner that would be acceptable to both Partners and Customers. IPSP keeps the right to issue a refund without the consent or knowledge of Partner in any case that it seems appropriate. IPSP will provide a refund with no penalty to any Customer who returns the products to Partner within 30 days from the date of delivery. Partner may not impose a fee on customers who make returns.
d. Customer Support
Partner will at anytime be able to respond quickly to all inquiries from the Customer's side. In addition, IPSP keeps the right to bill Partner reasonable fees and recover its expenses on account of excessive customer inquiries, refunds, or charge backs. Prior to charging such IPSP will try to make an agreement with the Partner. If IPSP and Partner are unable to achieve mutually acceptable agreement, Partner will have the option of continuing this Agreement subject to the additional fees and costs imposed by IPSP or of terminating this Agreement.
e. Fraudulant transactions / Chargebacks
IPSP will suspend services to Partner if the ratio of Fraudulant and Charged-back transactions exceed 5% of sale amount during a Payout period.
f. Full Compliance with Visa International and MasterCard Inc. rules and regulation.
Partner to abide by the Rules and Regulations of the Card Associations
g. Other Conditions and Terms
IPSP reserves the right to refuse to do business with anyone for any reason.

8. Authorization of Regulation

Partner is responsible for all the products/services he/she is selling. It includes the responsibility whether products/services are legal. Partner will conform to any and all laws, rules, regulations and other standards and credit card governing agencies regarding the sale of products over the Internet or in situations where the card is not present.

9. Taxes and related fees

All parties agrees to report and pay its own taxes imposed on its income by any jurisdiction. Should IPSP be required to pay any such taxes on the income of Partner, the amount of such taxes and all related interest, fines, or penalties shall become immediately due and payable to IPSP. IPSP will have right to collect and pay over taxes in the nature of an excise, sales, or use tax on behalf of Partner or on account of its own sales of products if reasonably required to do so by a taxing authority of competent jurisdiction and shall further have the right to recover from Partner the amount of any such taxes and related penalties and interest which are paid by IPSP with its own funds.

10. Limitations of Liability

IPSP assumes no liability for malfunctions of its equipment or software for any reason, including, but not limited to, vandalism, theft, phone service outages, Internet disruptions, human error, extreme or severe weather conditions or any other causes in the nature of "Acts of God" or any other force. IPSP shall not be responsible for consequential damages or any other damages under any circumstances. In no case shall Partner be entitled to recover damages from IPSP, which exceed the sum of the amounts of sales commissions and service fees retained by IPSP under this Agreement during the six months prior to event giving rise to the claim for damages.

11. Indemnification

Partner is completely responsible for the content of its Web site, related pages and for the advertising and promotion of all of Partner's products. Partner represents to IPSP that it is the owner or that it has right and authority to use all information or other property which either forms a part of its Web site, which is provided by Partner to Customers, or which is used by Partner in its advertising and promotion and to sell and deliver products to Customers. IPSP assumes no liability of the Partner for anything but commission amount of money involved in transactions.

12. Term

The term of this Agreement shall continue until a notice of cancellation by either party is given, or until termination occurs under other provisions of this Agreement. IPSP reserves the right to terminate this Agreement without cause upon notification to the Partner. IPSP may further terminate this Agreement immediately without notice at any time the Partner breaches any part of this Agreement, or if any program or facility used by IPSP to implement this Agreement is disrupted or terminated for any reason.

13. Default

In the event Partner defaults in any provision or fails to perform pursuant to this Agreement, IPSP shall be entitled to damages, costs and attorney's fees from the Partner.

14. Changes to Agreement

IPSP may make amendments or modifications to this Agreement from time to time. Whenever practical, IPSP will give Partner advance notice of the changes to this Agreement.

© Globill.net
Last update 7 April 2008