Public Offer Agreement
Last updated January 15, 2024
This document constitutes an official proposal (public offer) by Arcanum Pay (hereinafter referred to as "Service Provider", "Company", "we") addressed to any individual or legal entity (hereinafter referred to as "User", "Client", "you") to enter into an agreement for payment processing services on the terms set forth below. Acceptance of this offer is deemed to occur upon commencement of use of the Company's services.
1. General Provisions
This public offer governs the relationship between the Service Provider and the User in the provision of payment processing services through the payment gateway.
Key definitions:
- Offer — this document published on the Company's website;
- Acceptance — full and unconditional acceptance of the terms of this offer by performing the actions specified herein;
- Service Provider — Arcanum Pay, providing payment processing services;
- User (Client) — an individual or legal entity that has accepted the offer;
- Payment Gateway — a software and hardware system for processing payment transactions;
- Transaction — a funds transfer operation carried out through the payment gateway;
- Personal Account — the User's personal section on the Company's website.
2. Subject of the Agreement
The Service Provider undertakes to provide the User with payment processing services through the payment gateway, and the User undertakes to pay for said services in accordance with the terms of this offer.
List of services:
- Acceptance and processing of payments via bank cards (Visa, Mastercard, MIR);
- Acceptance and processing of payments through fast payment systems;
- Acceptance and processing of payments via electronic wallets;
- Acceptance and processing of bank transfers;
- Disbursement of funds to Users' bank cards and accounts;
- Provision of access to a personal account with analytics and reporting;
- Technical support and integration consulting.
3. Procedure for Provision of Services
Services are provided under this offer after the User completes the registration and verification process.
Service provision conditions:
- The User completes the registration process on the Company's website and fills in the required information;
- The User provides documents for identity and business verification (if required);
- Upon successful verification, the User is granted access to the payment gateway;
- The User integrates the payment gateway into their system using the provided documentation;
- Services are provided 24/7, except during scheduled maintenance periods;
- The Company reserves the right to suspend services if the User violates the terms of this offer.
4. Rights and Obligations of the Parties
The parties assume the following obligations:
Service Provider's obligations:
- Ensure uninterrupted operation of the payment gateway 24/7;
- Process payments within the established timeframes;
- Ensure security and confidentiality of payment data;
- Provide technical support to the User;
- Notify the User in advance of planned maintenance work;
- Provide reports on completed transactions.
User's obligations:
- Provide accurate information during registration;
- Comply with applicable laws when using the services;
- Pay for the Service Provider's services in a timely manner;
- Not use the payment gateway for illegal transactions;
- Maintain confidentiality of personal account credentials;
- Immediately notify the Service Provider of any issues with payment processing.
5. Payment Terms
The cost of services is determined in accordance with the current tariffs published on the Company's website or agreed upon individually.
Payment procedure:
- The Service Provider's commission is automatically deducted from each completed transaction;
- The commission rate depends on the payment method type and transaction volume;
- Funds are disbursed to the User's specified bank details;
- Disbursement timeframes range from 1 to 5 business days from the transaction date;
- All settlements are made in the local currency unless otherwise agreed by the parties;
- The Company reserves the right to change tariffs by notifying the User at least 14 days in advance.
6. Refunds
Refunds are processed in accordance with applicable legislation and payment system rules.
Refund conditions:
- Refunds are possible in cases of erroneous charges or technical failures;
- Refund requests are reviewed within 10 business days;
- Refunds are made using the same method as the original payment;
- Transaction processing fees are non-refundable unless otherwise required by law;
- In case of disputed transactions, the Company conducts an internal investigation.
7. Liability of the Parties
The parties are liable for non-performance or improper performance of obligations under this offer in accordance with applicable legislation.
Limitations of liability:
- The Service Provider is not liable for losses caused by actions of third parties, including banks and payment systems;
- The Service Provider is not liable for payment processing delays caused by technical failures on the issuing bank's side;
- The User bears full responsibility for the legality of transactions processed through the payment gateway;
- The Service Provider's aggregate liability is limited to the commissions paid by the User over the last 3 months;
- The Service Provider is not liable for indirect losses, lost profits, or data loss.
8. Force Majeure
The parties are released from liability for non-performance or improper performance of obligations under this offer if such non-performance results from force majeure circumstances, including but not limited to: natural disasters, military actions, government acts, telecommunications network failures, and legislative changes making performance impossible. The party affected by force majeure circumstances must notify the other party within 5 business days from the occurrence of such circumstances.
9. Dispute Resolution
All disputes and disagreements arising in connection with the performance of this offer shall be resolved through negotiations between the parties. If a dispute cannot be resolved through pre-trial procedures, it shall be referred to the court at the Service Provider's location in accordance with applicable law. The mandatory pre-trial dispute resolution procedure requires sending a written claim stating the substance of the requirements. The claim review period is 30 calendar days from the date of receipt.
10. Amendment and Termination
The Company reserves the right to amend the terms of this offer. Amendments take effect from the moment the updated version is published on the Company's website. Continued use of the services after amendments constitutes the User's agreement to the new terms.
The User may terminate the agreement unilaterally by notifying the Service Provider at least 30 days before the intended termination date. Upon termination, all outstanding obligations of the parties shall be fulfilled.
11. Contact Information
For all questions related to this offer, you may contact us:
Contact details:
- Email: support@arcanumpay.com
- Phone: +7 (918) 575-12-56
- Address: Makiivka, Oktyabrskaya St, 65
- Legal entity: IE Shcherbakov Kirill Tarasovich
- Tax ID: 931101685910