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Policies of Use for Pagadito Comercios

 I.        General

This document explains the policies applicable to Pagadito Comercios wishing to use the platform Pagadito to receive payment for purchases made on the Website of such stores.

Pagadito Comercios Use Policies are part of the Terms and Conditions of Use of Pagadito, so the user who wants to use this payment platform must read, understand and accept the Terms and Conditions of Use and these Policies when registering as a Pagadito Comercio.

 II.        Definition of Pagadito Comercio

“Pagadito Comercios” are those Individuals or Legal Persons that have a Website where they offer their products or services and that have been previously authorized by Pagadito.

Pagadito provides collection services to Pagadito Comercio and payment services to buyers of such Comercio, so in order to use the payment platform Pagadito it is necessary for the Purchaser of Pagadito Comercio to have a Pagadito account.

Pagadito Comercios once constituted as such must accept payments through Pagadito on their website, and display the Pagadito signs and marks as permitted by Pagadito.

III.        Services Offered

A.     Services to Pagadito Comercios

Services offered to Pagadito Comercios include the collection of Product Price via internet: Pagadito is responsible for charging the Purchaser’s credit or debit card the full amount payable to Pagadito Comercio and within the period specified by Pagadito, will transfer such payment to the corresponding Pagadito account less Pagadito services commission. This price may include –but is not limited to– insurance, shipping and handling, packaging, certifications and permits, taxes or duties, procedures, etc.

B.     Pagadito Services to Pagadito Comercio Buyer

Pagadito offers Pagadito Comercio’s Buyer a price payment service. Pagadito charges the Mi Pagadito account or Buyer’s credit or debit card upon the purchase of products on the Pagadito Comercio Website, i.e. the charge takes place when the Buyer presses the button Pay for Pagadito and security and availability mechanisms are validated.

IV.        Requirements for the establishment of a Pagadito Comercio

The requirements for users wishing to create a Pagadito Comercio are:

 

1.     Fill out the Application to Create Pagadito Comercio in which the purpose of the business is stated, the type of transactions to be billed through Pagadito, amounts and number of transactions expected to be charged through Pagadito, etc. and

2.     In case of a legal entity, a Notarized Letter to create a Pagadito Comercio must be submitted and a copy of Articles of Incorporation of the company sent in order to validate the existence of the company, the legal capacity of the applicant and the legal representation of the same.

3.     Provide a bank reference, copy of ID and copy of last utility bills (such as Electricity, Water, Telephone, Cable TV) or any other proof of address on behalf of the applicant bearing the address recorded in the application.

4.     Grant a security –Promisory Note/Bill of Exchange– which will guarantee the payment of any chargebacks generated by Pagadito Comercio buyers, which must be submitted to any locations designated by Pagadito in each country. For further information see Chargebacks Policy.

To validate the above documentation it is necessary for the Pagadito Comercio administrative officer to enter a landline number where he/she may be reached

It is also indispensable that the person requesting to open a Pagadito Comercio be the holder of the domain name of the website. 

Finally, it is necessary to validate the credit or debit card registrated for activating the account.

Each Pagadito Comercio has 30 days to complete this process. After this time, Pagadito might cancel the account.   

V.        Accuracy of Website Registration Information

The information provided when registering the Pagadito Comercio must be true. Providing misleading information may lead to limiting or closing the account Pagadito Comercial. Should any changes occur in the same, they must be reported immediately to Pagadito in order to update the Pagadito Comercio profile, otherwise the Pagadito Account may be suspended or canceled.

Pagadito reserves the right to access the wesbsite Pagadito Comercio through any search technique or use third party services to verify the accuracy of the registration information.

In addition, when registering a Pagadito Comercio, Pagadito Comercio awards Pagadito the right to conduct credit checks at any time of the User or legal entity wishing to obtain Pagadito services.

VI.     Responsibility

Pagadito does not grant at any time a guarantee on the products or services offered by the Pagadito Comercio. Any intention of Pagadito Comercio to imply an endorsement by Pagadito is grounds for suspension or termination of the Pagadito Account.

Pagadito is not responsible for the Wesbsite registration information, including guarantees, security of purchases, or quality of products or services.

Pagadito is only responsible for making the charges reported by the Pagadito Comercio, therefore Pagadito is not responsible for the handling and shipping of products or claims resulting from reception problems or disagreement with the products, beyond providing a Claims Settlement Mechanism.

Pagadito Comercio authorizes Pagadito access to the contents of your website and attachments whenever necessary or desirable for the proper provision of the service. Also, Pagadito shall have no obligation to inform Pagadito Comercio for any service interruptions that may be necessary for optimization and maintenance purposes. Pagadito may install protection or security programs against external attacks, antivirus, firewall, software and hardware upgrades without Pagadito Comercio’s permission.

On the other hand, Pagadito Comercio binds itself to make any necessary alterations to adapt its website to technical innovations, security measures or any other optimization measures Pagadito may determine.

The Pagadito Comercio will be solely and exclusively responsible for the content of its website. Should one or more users or any third party initiate any type of legal, administrative or court action against Pagadito, its shareholders, controlling, controlled, affiliates or subsidiaries, officers, employees, directors, agents and employees, such Pagadito Comercio involved in these claims or actions releases and agrees to hold Pagadito and its shareholders, controlling, controlled, affiliates or subsidiaries, officers, employees, directors, agents, representatives and assigns harmless from any liability.

Neither party shall mislead any person of his capacity as an independent contractor or obligate the other party against third parties. Any breach of this obligation by Pagadito Comercio will enable Pagadito to terminate this agreement as of right at any time without any liability.

Pagadito makes no, expressed, implied or statutory warranty, regarding the availability, suitability for particular applications or systems, absence of errors or violations on its platform. Similarly, Pagadito does not guarantee uninterrupted and continued use of the Software that supports Pagadito Comercio, so we do not have any liability for any damages arising from technical difficulties of internet or the system.

In the event Pagadito Comercio has certainty or suspicion of any attempt on the security of its system, it must change the authentication credentials of its Pagadito Account.

Pagadito is not responsible for the misuse of its trade dress by any third party, so the Purchasing User must verify the authenticity of the site where the payment is made in order to avoid any cyber fraud by third parties.

 VII.     Chargebacks

The Pagadito Comercio is responsible for paying Pagadito the nominal value of any transaction reversed by the issuing bank of a credit or debit card of of Pagadito Comercio customer in the concept of a chargeback. There may be chargebacks in any of the following situations, which are listed as examples, but are not limited to:

1. Pagadito Comercio’s errors in processing a transaction,

2. Cardholder’s request to the card issuing bank asking for explanation of a charge, and

3. Causes related to sales made after the transaction

Pagadito will debit the chargeback amount from the available balance or the means of payment associated with the Pagadito Comercio automatically plus a surcharge of $ 10.00 per chargeback generated which will be reflected as a Reserve for Chargeback until the chargeback is settled. If there is a confirmation thereof by the agencies concerned, said amount will be debited definitely, whereas if the chargeback is canceled, the amount will be refunded to the available balance of the Pagadito Comercio account.

Pagadito reserves the right to execute the security issued by Pagadito Comercio to collect the chargeback amount.

For further information see Chargeback Policy.

VIII.   Rates

The registration fee of Pagadito Comercio who is an individual is $ 24.99, while for legal entities is $ 99.99.

On the other hand, Pagadito will charge a fee on the total amount of the transaction processed, that is evaluated individually based on the analysis of the business risk. 

IX.   Method of Payment and Procedure

The following explains Users the procedure to manage payments made by Pagadito.

1. Request for Payments

Payment will be made by sending payment instructions to Pagadito by the Pagadito Comercio where it will detail the concept of collection and any other information required. The Purchasing User will make payment straightaway through his Mi Pagadito account.

Pagadito reserves the right not to process any collection requests that are incomplete or where there are differences between the information provided by users and the information entered to Pagadito or because Pagadito considers it necessary, without having to justify its decision. Payment instructions entered into a billing application may be made only through Pagadito platform.

2. Acceptance of Application

Pagadito will automatically analyze compliance with the requirements of the application and verify the validity and availability of funds in the Purchasing User’s Mi Pagadito Account or his credit or debit card.

3. Charging Funds

Once Pagadito accepts the request the amounts will automatically be charged to the Mi Pagadito Account.

In all cases, when Pagadito makes a charge to the Purchasing User’s Pagadito account on behalf of Pagadito Comercio Pagadito will try to withdraw funds from mi Pagadito Account Balance. If there are not sufficient funds in the balance, the Pagadito will notify Purchasing User to confirm his method of payment and Pagadito will deduct the pending charge or balance of the credit or debit card offered by him.

If such payment may not be made from the Pagadito Account or through a charge to the credit or debit card offered, Pagadito will notify both the Purchasing User and the Pagadito Comercio that the transaction was denied.

The deadline for Pagadito to make the disbursement of payments to Pagadito Comercio is 15 buciness days from the day following the collection was made to Buyer of Pagadito Comercio.

X.         Use of information

The owner of Pagadito Comercio is always the owner of the registration information of the website that provides to Pagadito, but upon providing it he grants the latter permission to use it in connection with the service of Pagadito Comercio. That is, Pagadito grants all rights to publish, copy and show this information. This concession ends upon termination of Pagadito’s association with Pagadito Comercio.

On the other hand, Pagadito will not disclose Pagadito Comercio any data Purchasing User’s Pagadito Account and vice versa. For more information, check Pagadito’s Privacy Policy.

XI.       Prohibitions

It is forbidden for Pagadito Comercio to incur in any of the following behaviors:

1. Sell goods or services that violate the law of industrial or intellectual property of a third party;

2. Register wesbsites that promote illegal actions;

3. Register wesbsites that violate the Terms and Conditions of Use of Pagadito;

4. Use Pagadito Comercios trademarks in contravention with, or omitting the rules established in, the Pagadito Comercios’ Brand Manual;

5. Using Web services, APIs, logon credentials and any other input provided by Pagadito for purposes other than the purposes authorized by Pagadito. Misuse of the above resources will result in the cancellation of the account and in case any damages are verified, the charge a penalty of up to U.S. $ 500,000.00 to Pagadito Comercio.

6. Perform any act aimed at preventing the authentication procedures or security, network components or Purchasing User’s account in order to access data, accounts or servers to which Pagadito Comercio is not expressly authorized. This prohibition applies if the attempt is successful or in case it is unsuccessful, including the unauthorized use of scanners or other tools to obtain unauthorized access;

7. The introduction of viruses or malware on the network or servers;

8. Take advantage of possible weaknesses in the Pagadito Website;

9. Falsifying identity or contact information and provide false, inaccurate or fraudulent information;

10. Monitor when there is no express authorization of traffic or data, as well as excessive use of bandwidth by utilizing programs, scripts or commands to overload Pagadito’s websites,

11. Use Pagadito Comercial Account to manage collections from two or more different websites;

12. Use Pagadito Comercial Account to collect transactions other than those declared in the register;

13. Install, try to install or use any software on the servers, and perform any other practices which may cause some harm to the proper functioning thereof, and

14. Transfer title to any login credentials.

XII.          Sanctions

In the case of any violation of these policies, Pagadito may, by previous notice, suspend or terminate some or all services, block any abusive activity and / or take whatever action is deemed appropriate in its sole discretion.

Also, Pagadito reserves the right to report such violations to the appropriate authorities and disclose any information in order to comply with laws, regulations and / or at the request of competent authority.

XIII.       Software License as a Service

The intellectual property rights to the Software and the services offered by Pagadito to Pagadito Comercio are the exclusive property of Pagadito, so it reserves all rights not granted by these terms to Pagadito Comercio.

The Pagadito Comercio will  get from Pagadito a license to use Software that is limited, nontransferable, nonexclusive, revocable, which will have exclusive purposes of creation and development of Pagadito Comercio and collection process to Purchasing Users.

Pagadito Comercio is aware that the Software and its structure, organization and source code are valuable trade secrets of Pagadito and recognizes that it shall only be entitled to use the Software to the extent expressly permitted by Pagadito. The use of Pagadito’s trade dress is prohibited for any purposes other than those expressly permitted. Also, the Pagadito Comercio binds itself to respect the Pagadito Comercio’s Brand Manual for any form of advertising or use of Pagadito Comercios trade dress.

Pagadito Comercio may neither directly nor indirectly, by himself or by third parties do the following:

a) Change, adapt, alter or translate the Software or create derivative works from the Software;

b) Transfer to any degree the rights on his Pagadito Comercio or the Software, or

c) Use any reverse engineering tools to decode, disassemble or otherwise attempt to derive source code of the Software.

XIV.        International license and Permissions

Pagadito Comercio awards Pagadito a worldwide, irrevocable, free for purposes of marketing actions either for reproduction, distribution, creation of derivative works, transmission, public performance, public display or digital of Pagadito Comercio content and its trade dress indefinitely. Pagadito may upload the contents of Pagadito Comercio to Google, Yahoo!, Bing and others. However, Pagadito is not required to upload content in the media.

XV.         Grounds for Termination

1. Unilateral termination by Pagadito

Pagadito may terminate this agreement at any time by notifying about the situation to Pagadito Comercio via email and is not responsible for any damage or injury arising from its termination.

2. Unilateral termination by the Pagadito Comercio

Pagadito Comercio may terminate this agreement unilaterally with 10 days’ notice, in order to carry out any relevant clearings.

3. Termination by mutual agreement of the parties

The parties may terminate this agreement at any time provided there is mutual consent between them. Use of the Software will terminate at the time of termination.

4. Termination for breach of any of the parties to the obligations contained herein.

XV.        Amendments to the Agreement

Pagadito reserves the right to change or renew this agreement at any time. These amendments will be notified to Pagadito Comercio through an email and / or by posting them on the Website.

The Pagadito Comercio has 5 calendar days after receiving the mail stating whether or not he accepts the changes, if he does not accept the changes, the agreement will be resolved. If no opinion is issued within this period it will be assumed that he accepts the changes.

XVI.        Jurisdiction and Applicable Law

This agreement shall be governed by the laws of the Republic of Panama. The user waives his home address and for purposes of this agreement designates the city of Panama as his special address and subjects himself to the jurisdiction and laws of the Republic of Panama. Panama City, Panama is set as Pagadito de R.L. home.