In the event of any change in your personal information or business provided to us at registration, you agree to notify us within 14 days of such change. We may be unable offer our services to you if you contact us from an address, telephone number or email account that is not registered with us
By signing on to use our Services, you are warranting that you are not a person barred from receiving services under the laws of the applicable jurisdiction. If you are accepting these Terms and using the Services on behalf of a company, business, or organization, you represent and warrant that you are authorized to do so.
As it is your sole responsibility, you agree to comply with all data privacy and security requirements of the Payment Card Industry Data Security Standard (PCI DSS Requirements”) and under any applicable law or regulation that may be in force, enacted or adopted regarding confidentiality, your access, use, storage and disclosure of user information. We are responsible for the security and protection of Card Holder Data (CHD) we collect and store. Accordingly, we implement access control measures, security protocols and standards including the use of encryption and firewall technologies to ensure that CHD is kept safe and secure on our servers, in compliance with the PCI DSS Requirement. We also implement periodical security updates to ensure that our security infrastructures are in compliance with reasonable industry standards. You hereby grant BudPay a perpetual, irrevocable, sub-licensable, assignable, worldwide, royalty-free license to use, reproduce, electronically distribute, and display your customers’ data for the following purposes:
Unless otherwise stated, we and/or our licensors own the intellectual property rights and materials on the website subject to the license below. All text, formatting (including without limitation the arrangement of materials on our website and the graphics, animation, tools, commercials, music, video, articles, sound, copy, trade names, logos and other materials and information on the website are subject to our and/or our licensors and licensees intellectual property rights (collectively the “Content”). We do not grant you any right, license, title or interest to any of our intellectual Property rights which you may or may not have access to. These Content may not be copied, reverse engineered, decompiled, disassembles, modified or reposted to other websites. Nothing on our website should be construed as granting by implication or otherwise, any license or right to use any trademark displayed on our website without our written permission or that of such third party that may own the trademark. You agree to take such actions including executing any and all documents that may be needed to further affirm our intellectual property rights.
You hereby expressly grant BudPay, permission to use your name and logo in our marketing materials including, but not limited to use on our website, in customer listings, in interviews and in press releases. This however, does not imply our endorsement for your products and services.
Each Party shall comply with all applicable anti-bribery and corruption Laws in Nigeria (including the Economic and Financial Crime Commission’s Act). You agree that, you are solely responsible for verifying the identities of your customers, ensuring that they are authorised to carry out the transactions on your platform, and determining their eligibility to purchase your products and services. You are also required to maintain information and proof of service or product delivery to your customer and hereby agree to provide BudPay with evidence of these upon request.
The Fees on our Pricing page is integral to and forms part of this Agreement. You agree to pay all applicable fees for the use of our services. We reserve the right revise our fees from time to time without recourse to you but shall notify you of any modifications upon its implementation.
1. Restricted Activities – You may not use our Service in connection with any product, service, transaction or activity that:
Safeguarding access to your account is your sole responsibility and you agree to comply with all reasonable instructions we may issue regarding account access and security. In the event you share your password details with anyone, BudPay will not be liable to you for any loss or damage experienced. You will also take all reasonable steps to protect the security and access of the personal electronic device through which you access BudPay’s services.
You may be assessed Chargebacks for (i) customer disputes; (ii) unauthorised or improperly authorised transactions; (iii) transactions that do not comply with Card Network Rules or the terms of this Agreement or are allegedly unlawful or suspicious; or (iv) any reversals for any reason by the Card Network, our processor, or the acquiring or issuing banks. Where a Chargeback occurs, you are immediately liable for all claims, expenses, fines and liability we incur arising out of that Chargeback and agree that we may recover these amounts by debiting your Bank Account. Where these amounts are not recoverable through your Bank Account, you agree to pay all such amounts through any other means You agree that you are solely responsible for accepting and processing returns of your products and services. We are under no obligation to process returns of your products and services, or to respond to your customers’ inquiries about returns of your products and services. You agree to submit all Refunds for returns of your products and services that were paid for through BudPay to your customers in accordance with this Agreement and relevant Card Network Rules.
In our sole discretion and where applicable, we may place a Reserve on a portion of your Payouts by holding for a certain period, such portion where we believe there is a high level of risk associated with your business. If we take such steps, we will provide you with the terms of the Reserve which may include the percentage of your Payouts to be held back, period of time and any other such restrictions that BudPay may deem necessary. Where such terms are changed, we will notify you. You agree that you will remain liable for all obligations related to your transactions even after the release of any Reserve. In addition, we may require you to keep your Bank Account available for any open settlements, Chargebacks and other adjustments. To secure your performance of this Agreement, you grant BudPay a legal claim to the funds held in the Reserve as a lien or security interest for amounts payable by you.
WE TRY TO KEEP OUR WEBSITE AND SERVICES AVAILABLE AT ALL TIMES, BUG-FREE AND SAFE, HOWEVER, YOU USE IT AT YOUR OWN RISK. WE PROVIDE THE WEBSITE AND THE CONTENT “AS IS” WITH NO WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND (INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, SECURITY, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS). WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO WARRANTY THAT OUR WEBSITE AND SERVICES WILL MEET YOUR REQUIREMENTS OR THAT OUR WEBSITE WILL REMAIN FREE FROM ANY INTERRUPTION, BUGS, INACCURACIES, AND ERROR FREE. YOUR USE OF OUR SERVICES ARE AT YOUR OWN RISK AND YOU ALONE WILL BE RESPONSIBLE FOR ANY DAMAGE THAT RESULTS IN LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN OBTAINED BY YOU FROM OUR WEBSITE OR OUR SERVICES WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED.
UNDER NO CIRCUMSTANCE SHALL BUDPAY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL PUNITIVE, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, INCLUDING DAMAGES RESULTING FROM REVENUE LOSS, PROFIT LOSS, USE, DATA, GOODWILL , BUSINESS INTERRUPTION OR ANY OTHER INTANGIBLE LOSSES (WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH) ARISING OUT OF OUR WEBSITE OR SERVICES (INCLUDING, WITHOUT LIMITATION TO INABILITY TO USE, OR ARISING FROM THE RESULT OF USE OF OUR WEBSITE OR SERVICES) WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, TORT, CONTRACT, STATUTE OR ANY OTHER LEGAL THEORY
Some jurisdictions do not allow exclusion of certain warranties or limitations on the scope and duration of such warranties, so the above disclaimers may not apply to you completely, notwithstanding, such provisions shall apply to the maximum extent permitted by applicable law.
You may wish to terminate this Agreement by closing your BudPay Account or simply discontinuing the use of our Services. We reserve the right to suspend or permanently terminate your BudPay Account and your access to BudPay services in the event of any of the following;
You hereby authorise and instruct BudPay to hold, receive, and disburse funds on your behalf when such funds from your card transactions settle from the Card Networks. By accepting this Agreement, you further authorise BudPay to determine how your card transaction settlement funds should be disbursed to you as Payouts and the timing of such Payouts. You agree that you are not entitled to any interest or other compensation associated with the settlement funds held by BudPay pending settlement and Payout to your Bank Account. All authorizations obtained herein shall remain valid and be of full effect until your BudPay Account is permanently closed or terminated.
The laws of the Federal Republic of Nigeria govern this Agreement. We shall use our best endeavour to settle any dispute or difference of opinion arising from or in connection with the use of our services amicably through mutual discussions Any dispute that cannot be settled within a period of Fourteen (14) days, shall, be settled before a Sole Arbitrator to be appointed by a mutual written agreement of both parties in accordance with the Arbitration Rules of the Arbitration and Conciliation Act, Cap. A18, Laws of the Federation of Nigeria 2004 (or any amendments or modification to the same). The venue of Arbitration shall be Lagos Nigeria and shall be in English Language. Each party shall bear their respective costs in connection with the Arbitration.
To contact us for any complaints or issue with our services, please send us an email on firstname.lastname@example.org