Definitions
* "Company" or "Evopay" means Evopay Financial Technologies, a company incorporated under the Companies Act, 2013, having its registered office at Dimapur, Nagaland .
* "Merchant" means any individual, sole proprietor, partnership firm, limited liability partnership, private limited company, public limited company, or other legal entity that registers with Evopay to avail the Services.
* "Services" includes:
* Payout Services: Disbursement via IMPS, NEFT, RTGS, and other methods.
* Payin Services: Payment collection via UPI, Payment Gateway, Net Banking, and other methods.
* "API" means the Application Programming Interface provided by Evopay for integration.
* "KYC" refers to the 'Know Your Customer' verification process as per Applicable Law.
* "Applicable Law" means all Indian laws, statutes, ordinances, and regulations, including all guidelines, circulars, and directions issued by the Reserve Bank of India (RBI), National Payments Corporation of India (NPCI), and any other regulatory body.
1. Acceptance of Terms
By registering for, accessing, or using the Services, the Merchant agrees to be bound by these Terms of Use, which form a legally binding agreement between the Merchant and Evopay.
2. Eligibility and Registration
* Eligible Business Types: Sole Proprietorship, Partnership, Private Limited Company, Public Limited Company, Limited Liability Partnership.
* Registration Requirements: Merchants must (i) be at least 18 years old (if an individual) or a duly registered legal entity; (ii) have lawful business operations; and (iii) accept these Terms of Use.
* Account Verification: Evopay reserves the right to approve or reject any application at its sole discretion and to verify all submitted information.
3. KYC Documentation Requirements
Merchants must submit complete and accurate KYC documents as per Evopay's requirements, which may include but are not limited to:
* Sole Proprietorship: PAN, Aadhaar, address proof, photograph, cancelled cheque, business registration, and GST certificate.
* Private/Public Ltd. Company: Certificate of Incorporation, PAN, GST certificate, Memorandum and Articles of Association, Board Resolution, and KYC documents of all directors.
* LLP: Certificate of Registration, PAN, GST certificate, LLP Agreement, and KYC documents of all partners.
All documents must be valid and self-attested. Merchants must inform Evopay of any changes to their information within 7 days.
4. Services Offered
* Payout Services: Includes IMPS/NEFT/RTGS, bulk payout files, API integration, and a dashboard for tracking.
* Payin Services: Supports various payment modes including UPI, Cards, Net Banking, and Wallets, along with fraud monitoring and settlement reports.
* Common Features: Access to a transaction dashboard, webhook notifications for status updates, analytics, and operational support.
5. Merchant Obligations
* Compliance: The Merchant must comply with all Applicable Laws and maintain all records as required.
* Prohibited Activities: The Services shall not be used for any illegal or prohibited activities, including but not limited to gambling, money laundering, terrorist financing, or dealing in prohibited goods or services.
* Data Security: The Merchant is responsible for securing its API keys, login credentials, and data. Any security breach must be reported to Evopay immediately.
6. Fees and Charges
* Service Fees: Fees for the Services are as specified in the commercial agreement or on the Evopay platform and are exclusive of applicable taxes.
* Payment Terms: Fees may be deducted from settlement amounts or billed separately. Late payments may attract interest or penalty charges.
* Fee Revisions: Evopay may revise fees by providing a 15-day notice.
7. Risk Management and Fraud Prevention
* Transaction Monitoring: Evopay monitors transactions for suspicious activity.
* Account Suspension: Evopay may suspend or terminate the Merchant's account in case of suspected fraud, violation of these Terms, or non-compliance with Applicable Law.
* Merchant Cooperation: The Merchant must cooperate fully with any investigation and provide required documentation promptly.
8. Chargebacks and Disputes
* Merchant Liability: The Merchant is solely liable for all disputes, chargebacks, and refunds arising from its transactions.
* Dispute Resolution: The Merchant must resolve customer complaints promptly, ideally within 7-15 days.
* Recovery Rights: Evopay has the right to recover any chargeback amounts, penalties, or other dues from the Merchant's settlements, wallet balance, or by raising a demand.
9. Indemnification
The Merchant agrees to indemnify and hold harmless Evopay, its directors, employees, and agents from and against any and all losses, damages, liabilities, claims, and expenses (including legal fees) arising out of or relating to the Merchant's (i) use of the Services, (ii) breach of these Terms, or (iii) violation of any Applicable Law.
10. Data Privacy and Protection
The Merchant must comply with all applicable data protection laws, including the Information Technology Act, 2000 and its rules. Evopay will retain KYC data for a minimum period as mandated by law.
11. Intellectual Property
All intellectual property rights in the Services, API, and Evopay's platform are and will remain the exclusive property of Evopay. The Merchant is granted a limited, non-exclusive, non-transferable license to use the Services solely for its business purposes.
12. Limitations of Liability
* Service Availability: Evopay will strive to provide uninterrupted service but does not guarantee 100% uptime.
* Liability Cap: Evopay's total liability towards the Merchant, for any claim, shall be limited to the fees paid by the Merchant to Evopay in the 30 days immediately preceding the event giving rise to the claim.
* Excluded Damages: In no event shall Evopay be liable for any indirect, punitive, incidental, special, or consequential damages, including loss of profits or data.
13. Force Majeure
Neither party shall be liable for any failure or delay in performance under these Terms due to circumstances beyond its reasonable control, including acts of God, war, terrorism, government actions, or internet outages.
14. Termination
* Termination for Convenience: Either party may terminate this agreement by providing a 30-day written notice to the other.
* Termination for Cause: Evopay may terminate this agreement immediately upon breach of these Terms, involvement in fraudulent activity, or if the Merchant's actions harm Evopay's reputation.
* Post-Termination: Upon termination, all pending obligations and provisions which by their nature are intended to survive (e.g., Liability, Indemnification, Privacy) shall continue.
15. Governing Law and Dispute Resolution
* Governing Law: These Terms shall be governed by and construed in accordance with the laws of India.
* Arbitration: Any dispute arising under these Terms shall be referred to arbitration in [Your City, e.g., Bengaluru] by a sole arbitrator appointed by Evopay, under the Arbitration and Conciliation Act, 1996.
* Jurisdiction: The courts in Dimapur shall have exclusive jurisdiction over all matters.
16. Amendments
Evopay may revise these Terms from time to time. The Merchant will be notified of changes, and continued use of the Services constitutes acceptance of the revised Terms.
17. Miscellaneous
* Entire Agreement: These Terms constitute the entire agreement between the parties.
* Severability: If any provision is found invalid, the remainder of the Terms shall remain in full force.
* Waiver: Failure to enforce a right shall not constitute a waiver of that right.
* Assignment: The Merchant may not assign its rights without Evopay's prior written consent.
Contact Information
Evopay Financial Technologies
Email: connect@evopay.in, support@evopay.in, compliance@evopay.in, onboarding@evopay.in
