SAMOA PAYMENTS TERMS OF USE
Last Updated: [08 July 2024]
These Terms of Use (“Agreement”) constitute a legally binding agreement between you (“User,” “Client,” “Customer,” “Donor,” “Fundraiser Organizer,” “Beneficiary,” or “you”) and Samoa Payments (“we,” “our,” or “us”). By using the Samoa Payments tools and services, you agree to be bound by this Agreement. If you do not agree to these terms, please do not use our tools or services.
1. DEFINITIONS
1.1. User: Any individual or entity using Samoa Payments’ tools or services.
1.2. Client: A business, organization or individual who uses Samoa Payments’ tools or services to process payments. Synonymous terms used throughout the Samoa Payments platform are “Business”, “Seller”, “School” and “Fundraiser Organizer”.
1.3. Customer: An individual making a payment to a Client through Samoa Payments. Synonymous terms used throughout the Samoa Payments Platform are “Buyer”, “Purchaser” and “Donor”.
1.4. Donor: An individual or entity making a financial donation or to a Client on the Samoa Payments platform.
1.5. Fundraiser Organizer: The person or entity responsible for creating and managing a fundraiser on the Samoa Payments platform, and is often the same person or entity as the Beneficiary.
1.6. Beneficiary: The intended recipient of funds raised through a fundraiser. A synonymous term used throughout the Samoa Payments platform is “Donor Recipient”, and is often the same person or entity as the Fundraiser Organizer.
1.7. Samoa Payments: Refers to the service provider offering payment processing and related services.
2. SERVICES AND FEES
2.1. Payment Tools: Samoa Payments provides a host of e-tools, such as QuickPay, BuyNow, and online invoicing, to facilitate transactions between Clients and Customers and donations between Donors and Fundraiser Organizers.
2.2. Currency: All prices, amounts and fees on the Samoa Payments platform are quoted and processed in Samoan Tala (WST) unless otherwise specified.
2.3. Transaction Fee: Samoa Payments charges a fee per transaction, payable by the Customer or Donor. This fee is clearly stated at the time of payment before a transaction or donation is completed. For the most current fee rates, please refer to the FAQ page on our website. Fees are non-negotiable and non-refundable.
2.4. Credit Card Processing Fee: Clients acknowledge the existence of a credit card processing fee, charged by banks, incurred with each transaction. This fee is deducted from the received amount and is calculated as a percentage of the total transaction amount and is deducted from the amount the Client receives. This fee is not received by nor controlled by Samoa Payments.
3. USER RESPONSIBILITIES
3.1. Compliance: Users must comply with all applicable laws while using Samoa Payments’ services.
3.2. Security: Users are responsible for maintaining the security of their accounts and passwords. Notify Samoa Payments immediately of any unauthorized use of your account.
3.3. Accuracy of Information: Users must provide accurate and complete information when using Samoa Payments’ services and promptly update any information if it changes.
3.4. Prohibited Activities: Users must not use Samoa Payments’ services for any illegal or unauthorized purpose, including but not limited to fraud, money laundering, or other criminal activities.
3.5. Privacy Policy: Users are encouraged to review our Privacy Policy, which outlines how we collect, use, and protect your personal information. By using Samoa Payments, you acknowledge that you have read and understand the Privacy Policy.
4. PAYMENT PROCESSING
4.1. Authorization: By using Samoa Payments’ payment processing services, you authorize us to facilitate the processing of payments on your behalf, including the deduction of applicable fees, and the facilitation of dispute resolution. It is presumed that any use of your credit card on our site, is authorised by you.
4.2. Disputes: Samoa Payments is not responsible for resolving disputes between Merchants and Customers or Fundraiser Organizers and Donors. Any disputes should be addressed directly between the parties involved.
4.3 Settlement Period: For purchases made using sales-oriented Payment Tools, such as Payment Links, Invoices, BuyNow, Catalog, School Fees and QuickPay Payments, settlement typically occurs within 1-2 business days. For donations made using Fundraiser Pages and QuickPay Donations, settlement may take up to 10 business days due to additional security measures applied to donations.
5. FUNDRAISERS
5.1. Fundraiser Creation: Fundraiser Organizers are responsible for the accuracy and legality of the information provided when creating a fundraiser.
5.2. Fundraiser Eligibility: Fundraisers must comply with our content guidelines and all applicable laws. We reserve the right to remove or suspend fundraisers that violate these guidelines.
5.3. Donor Responsibility: Donors should exercise due diligence and research fundraisers before making donations. Samoa Payments does not endorse or validate fundraisers and is not responsible for the use of funds by Fundraiser Organizers.
5.4. Additional Information: Samoa Payments reserves the right to request additional information or documentation from Fundraiser Organizers to verify the legitimacy of a fundraiser.
6. DISCLAIMERS AND LIMITATION OF LIABILITY
6.1. No Warranty: Samoa Payments provides its services “as is” and makes no warranties, express or implied, regarding the services’ availability, accuracy, or reliability.
6.2. Limitation of Liability: In no event shall Samoa Payments be liable for any direct, indirect, incidental, special, or consequential loss or damages, including but not limited to lost profits, arising out of or in any way connected with your use of our services. Samoa Payments shall not be liable for any loss or damage due to temporary service outages or interruptions.
7. INTELLECTUAL PROPERTY
7.1. Ownership: Samoa Payments retains all rights to its intellectual property, including but not limited to trademarks, logos, and software. Users may not use our intellectual property without written permission.
7.2. Copyright: All content on this site is owned by Samoa Payments and is protected by law. Users may not reproduce, distribute, or create derivative works from our content without written consent.
8. FRAUD
8.1 Fraud: Users agree not to provide false or misleading information for the purpose of selling goods or soliciting donations through Samoa Payments’ services. Any attempt at fraudulent activity will result in immediate termination of the user’s account and may be subject to legal action in accordance with applicable laws.
8.2 Verification: Samoa Payments may contact customers and donors directly to verify the accuracy of transactions.
9. REFUNDS AND CHARGEBACKS
9.1. Types of Refunds: Refunds fall into two general categories:
- Chargebacks – Initiated by the Customer’s bank. Chargebacks may be disputed by the Client, but the outcome is determined by the banks.
- Standard Refunds – Initiated by the Client, often at the Customer’s request, and per the Client’s refund and cancellation policies.
9.2. Liability: Samoa Payments is not liable for any chargebacks or refunds resulting from fraudulent or unauthorized transactions. Samoa Payments does not adjudicate the validity of refund requests between Clients and Customers. The responsibility for addressing and resolving any chargeback or refund requests lies solely with the respective Client. Samoa Payments will, to the best of our ability, support the resolution process by providing relevant transaction information, but the ultimate liability rests with the Client. It is recommended that Client’s have clear and transparent refund and cancellation policies to minimize disputes.
9.3: Indemnity: Clients agree to indemnify and hold Samoa Payments harmless from any claims, losses, or damages resulting from chargebacks or refund requests. This includes, but is not limited to, financial losses incurred from reversing transactions, legal fees, and any other related costs. By continuing to use Samoa Payments services, you agree to comply with all relevant laws and regulations regarding fraud prevention and to take all necessary steps to verify the legitimacy of transactions to minimize the risk of chargebacks and refunds.
9.4: Refund Process and Fund Collection:
Chargebacks: In the event of a chargeback notification, Samoa Payments reserves the right to collect funds from the Client through one or more of the following methods:
- Upon notification of a chargeback, Samoa Payments will immediately hold current or future payments equal to the chargeback amount in order to cover any potential reimbursement costs while the chargeback is disputed;
- If a chargeback dispute is lost and a refund is owed, funds shall be transferred from the Client back to Samoa Payments to facilitate the refund;
- If funds are not voluntarily returned to Samoa Payments, we may withhold future payments in the amount of the reimbursement; or
- In cases of extreme non-compliance, Samoa Payments may suspend your account and commence legal proceedings to recover the owed amounts.
Standard Refunds: In the event of a standard refund, the Client shall notify Samoa Payments and transfer the full refund amount back to Samoa Payments, who will then facilitate the refund back to the Customer. Clients may also handle standard refunds through other means, entirely outside the purview of Samoa Payments.
9.5. Additional Details: Samoa Payments does not play any role in, nor monitor, the return or exchange of goods. As stated in section 2 of this Agreement, Samoa Payments transaction fees are non-refundable.
10. DELIVERY OF GOODS
10.1. Delivery Services: Samoa Payments’ online shopping services provide cost estimates for shipping goods overseas, which are added to the total purchase cost. However, it is the responsibility of the Client to verify the accuracy of delivery information and shipping/delivery costs.
10.2. Export Compliance: It is the responsibility of the client to ensure that any goods shipped overseas comply with all relevant export requirements.
10.3. Liability: Samoa Payments assumes no responsibility for the quality of goods delivered or for any delays, damages, or losses incurred during the delivery process.
11. TERMINATION
11.1. Termination: Samoa Payments reserves the right to terminate or suspend your account and access to our services at our discretion, with or without cause, and with or without notice. Accounts may be reinstated or appealed at our discretion upon request.
12. GOVERNING LAW
12.1. Governing Law: This Agreement is governed by and construed in accordance with the laws of Samoa. Any disputes shall be resolved through arbitration in accordance with the Arbitration Act 1976 and the Alternative Dispute Resolution Act 2007.
13. MODIFICATIONS TO TERMS
13.1. Right to Modify: Samoa Payments reserves the right to modify these Terms of Use at any time. Any changes will be effective immediately upon posting to our website unless otherwise specified. It is your responsibility to review the Terms of Use periodically for updates.
13.2. Notification of Changes: In the event of significant changes to the Terms of Use, we will notify you through email or a prominent notice on our website. Continued use of our services after such modifications signifies your acceptance of the updated Terms of Use.
13.3. Disagreement with Changes: If you do not agree to the updated Terms of Use, you must stop using our services. Your continued use of our services following the posting of changes to the Terms of Use will constitute your acceptance of those changes.
14. CONTACT INFORMATION
14.1. Contact: If you have any questions or concerns about this Agreement or our services, please contact us at info@samoapayments.com.
By using Samoa Payments, you acknowledge that you have read and understood these Terms of Use and agree to be bound by them.