pertaining to payments to Logrus Suppliers via electronic payment systems.
1.2. The Parties to this Agreement and participants in each transaction are an individual person or legal entity (the 'Logrus Supplier') and Logrus International (the 'Company' or 'Logrus'), a company incorporated in United States of America with registered office in 2600 Philmont Avenue, ste.305, Huntingdon Valley, PA 19006, U.S.A., which offers electronic money payments in accordance with the applicable legislation of the United States of America and European Union.
1.3. Logrus and the Logrus Supplier are the only parties who may rely on or enforce these Conditions and for this reason the Contract (Rights of Third Parties) Act 1999 is excluded.
2. Description of Service
2.1. Logrus is using third-party electronic money transfer services (the "Electronic Funds Services", hereinafter "EFS") that allows Logrus Suppliers to receive payments for the services rendered according to the Service Contract.
2.2. Logrus is regulated by the government authorities of United States of America, as well as European Union, and the Financial Services Authority (FSA) of the United Kingdom on all Electronic Money transactions and is subject to the applicable rules and regulations.
2.3. Funds held on such online stored value accounts are electronic money in accordance with the EU E-Money Directive.
2.4. Since these accounts and services are provided by third parties, Logrus and Suppliers have to abide by the Terms and Conditions of third party EFS providers. By opening accounts with EFS providers, Logrus Supplier also agrees to abide by all Terms and Conditions of EFS Supplier at all times when dealing with Logrus, even if EFS Supplier is not directly involved. For example, Logrus Vendor should not request from Logrus anything that would make Logrus violate EFS Supplier terms and conditions, or request from Logrus anything that is contrary to EFS Supplier Terms and Conditions, or do anything that indirectly violates EFS Supplier Terms and Conditions.
2.5. Logrus Supplier understands and accepts that EFS Supplier has complete authority over his own services, and Logrus is not in position, directly or indirectly, to advocate any changes of current EFS Supplier practices, or solicit anything from EFS Supplier on behalf of Logrus Vendor. All relationship and responsibility of Logrus Vendor with EFS Supplier is strictly and completely Logrus Vendor independent, unrelated to Logrus, and private business with EFS Supplier.
2.6. All fees of EFS Supplier are set forth by EFS Supplier to their customers and are solely on Logrus Vendor expense, and are not to be reimbursed by Logrus. Logrus may impose additional small money transfer fees related to additional expense of using EFS Services that would compensate Logrus expense of using EFS Service as convenient means of making payments to Logrus Suppliers. Such fees will be described in advance, when signing a Service Contract, in separate internal instruction document published to all Logrus Vendors on signature of Service contracts.
2.7. Logrus Supplier acknowledges, that (i) EFS Service is not a bank; (ii) Accounts are not insured by any government agency; (iii) Logrus does not act as a trustee, fiduciary or escrow holder in respect of balances in Logrus Supplier accounts with EFS Services; and (iv) Logrus does not compensate or responsible for any interest on any balances in the Logrus Supplier account with EFS Supplier.
2.8. Logrus Supplier acknowledges, that funds loaded to Logrus Supplier accounts via EFS Services represent money paid for the Logrus Supplier services as duly owned (for the work placed, completed, accepted and accounted with Logrus-approved Purchase Orders and Invoices), and as soon as the funds are loaded to Logrus Supplier accounts with EFS Services, Logrus obligations to pay for the services are fully completed, and Logrus is not responsible for the funds in case Logrus Supplier account is frozen, closed, or is not working properly or acceptable in Logrus Supplier opinion (for example, the funds are not convertible into legal tender or cash, are impossible to use, etc.), and in such cases Logrus Supplier himself is fully responsible for any and all problem resolution with EFS Supplier directly.
3. EFS Service Requirements
3.1. Logrus Supplier agrees to abide by any and all requirements of EFS Service supplier, for example some EFS Suppliers require that their Customers and in case of a legal person the authorised representative must be at least 18 years old to use the EFS Supplier Services.
3.2. A Logrus Supplier must maintain an active address, phone number and email address with EFS Service Supplier, and may not provide any false, inaccurate, incomplete or misleading information. This information must be identical to all Logrus Supplier information provided for the purposes of executing Logrus Service Contract. Logrus Supplier must not provide any name, bank account or credit card that he is not legally authorised to use. Logrus Supplier is responsible to ensure that the details provided at registration and later are kept up to date. Logrus reserves the right to request further information pertaining to Logrus Supplier's account at any time. Failure to supply such information may result in limitation on usage of the EFS Service by Logrus for the purposes of paying Logrus Supplier via EFS Services, or suspension of the Logrus Service Agreement with Logrus Supplier.
3.3. There is no interest paid on any funds due to be transferred to Logrus Supplier via EFS Services, regardless of the payment date.
3.4. Logrus Supplier will ensure that all personal details of the Logrus Supplier are held in accordance with the Data Protection Act 1998.
3.5. By opening an account with EFS Services, Logrus Supplier will be able to, subject to payment of any applicable fees, upload money to be credited to his/her account, to send money to and receive money from Logrus, and withdraw money from his/her account.
4. Data Security
4.1. The password and other security information to access Logrus Supplier accounts with EFS Services should not be disclosed to Logrus any third party. Logrus Supplier is solely responsible for the security of his/her user name and password. Logrus does not wish to receive such passwords from Logrus Supplier and will never ask for it. In the case such security information is made available to Logrus, Logrus is not responsible for any funds on Logrus Supplier accounts with EFS Services. Logrus will only ask for Logrus Supplier information required to make funds transfer via EFS Services, such as account number, registered email or other information required to make a payment to Logrus Supplier, but insufficient to access and/or use Logrus Supplier accounts with EFS Services.
4.2. Every person who identifies him/herself by entering the correct login email and account number is assumed by Logrus to be the rightful account holder. Logrus Supplier and all transactions where the login email and/or account information have been entered correctly will be regarded as valid and completed correctly. Logrus is not taking upon itself the responsibility or obligation to verify Logrus Supplier identity beyond information required to make a payment; however, reserves the right to do so at Logrus sole discretion.
5. Uploading Payments
5.1. In order to upload electronic money, Logrus may choose from one or more payment options available via EFS Supplier depending on Logrus Supplier's country of residence. Logrus Supplier must also complete the information requested and required to make a paynent, including passing all identity and security validation and verification checks.
5.2. A funds transfer completed by Logrus which was made incorrectly due to insufficient or incorrect payment information may be lost or returned; in both cases Logrus Supplier is fully responsible for any and all losses and fees arising of incorrectly provided payment information, and agrees either to reimburse Logrus such losses and fees, or deduct these from future payments due. Any and all administration or returns fees will be deducted from the monies due to Logrus Supplier.
6. Forbidden or Restricted Activities
6.1. It is strictly forbidden to use funds that Logrus is paying to Logrus Supplier in order to pay for:
- tobacco products,
- prescription drugs,
- drugs and drug paraphernalia,
- firearms and ammunition,
- weapons and knives,
- satellite and cable TV descramblers,
- porn and hardcore content or services,
- government IDs and licences,
- unlicenced lotteries,
- stored value cards or pre-paid debit cards, if they are not associated with a single Supplier and don't have a dedicated use,
- illegal multi-level marketing and pyramid selling services or ponzi schemes, matrix programs, other "get rich quick" schemes or High-Yield Investment Programs (HYIP) as well as
- illegal downloads or any other goods and services infringing intellectual property rights of a third party.
Furthermore, it is strictly forbidden for citizens or residents of certain countries such as but not limited to the United States of America, Turkey, China, Malaysia or Israel to send payments to websites offering gambling services such as sports betting, casino games and pokers games. Logrus reserves the right in its own discretion to amend the list of countries where it is prohibited to send payments to gambling activities as described above.
Additionally, Logrus cannot condone the trade of items or support of organisations that promote hate, violence, or racial intolerance. Therefore, Logrus will judiciously disallow organisations that promote or glorify hatred, violence, or racial intolerance from using Logrus to receive payments. Furthermore, such organisations may not be listed on any website of Logrus Logrus Suppliers, nor may any of Logrus Logrus Suppliers' websites advertise or support such organizations, become or remain Logrus Supplier.
6.2. Logrus Suppliers must abide by currently imposed and valid United States economic sanctions and represents that any and all information about countries or individuals that may be subject to these sanctions is not concealed from Logrus. Logrus Supplier agrees to be fully responsible, and to hold Logrus fully indemnified including related cost and expenses (including legal expenses) against any legal actions related to any such requirements of any country, and agrees to fully cooperate with Logrus should this be required to comply with such sanctions and/or limitations.
6.3. Logrus Suppliers agree to take all steps reasonably required to prevent money laundering or fraud in relation to any activities that concern using EFS Services in any relation to Logrus whatsoever.
7.1. Logrus Supplier is solely responsible for the instructions given to Logrus and for this reason Logrus may not be able to detect errors in Logrus Supplier's payment instructions.
7.2. Logrus Supplier should note that all payments made are final and not reversible once the recipient has received the payment sent by Logrus in accordance with Logrus Supplier's instructions. Logrus cannot arrange for funds to be given back to Logrus Supplier where Logrus Supplier believes the payment was made in error.
7.3. Where Logrus Supplier disputes a transaction with another party, Logrus will not enter into the dispute in any way other than to confirm that the payment was made in accordance with the instructions Logrus Supplier gave to the Company.
7.4. Logrus Supplier acknowledges that the Financial Services Compensation Scheme (FSCS) does not apply to funds stored on his/her account and that there is no other voluntary or compulsory scheme in which Logrus is a member that compensates holders of e-money issued by Logrus in case the Company becomes unable to satisfy claims against it in relation to e-money.
7.5. All informational materials related to the rules of use of EFS Services for receiving payment from Logrus all intellectual property rights therein are the property of Logrus. Any use of trose materials, their reproduction, modification, distribution or republication without express prior written consent is strictly prohibited.
Logrus Supplier is responsible for the payment of all applicable fees and costs of maintaingin EFS Service accounts. Current fees are indicated in Logrus Service Contracts and instructions. If Logrus Supplier is unclear as to any applicable fee, he/she should contact Logrus Vendor Management. All fees are due immediately and are subject to change at any time at Logrus' sole discretion following the procedure as set forth in paragraph 1.1.
Logrus Supplier may close down his/her account with EFS Services supplier at any time by giving notice to Logrus Vendor Management.
Logrus at its sole discretion, reserves the right to stop using any and all EFS Service in relation to payment to Logrus Supplier at any time for any or no reason whatsoever upon 1 week notice to the Logrus Supplier and payment of any remaining funds held in custody. Logrus has the right to immediately stop payments to Logrus Supplier via EFS Services by giving notice if there are valid grounds. Valid grounds are assumed under, but not limited to the following circumstances:
- a violation of any applicable law or regulation,
- if there are reasons to believe that the EFS Service account has been used in connection with unauthorised or unusual credit/debit card or bank account use, including without limitation, notice of same by Logrus Supplier's bank or credit/debit card issuer,
- in case of abuse of the reversal or charge back process provided by Logrus Supplier's bank or credit/debit card company,
- EFS Supplier notice, for example of Logrus Supplier receipt of potentially fraudulent funds,
- to comply with money laundering or other investigations conducted by government authorities, agencies or commissions,
- return of a payment for insufficient funds in the bank account,
- non-compliance with any of currently valid sanctions, or restrictions, may they be imposed on countries, individuals, or activities by the governments (including by not limited) of USA, EU, Russia, Ukraine, etc.
10. Warranties, Liabilities and Disclaimers
10.2. IT IS LOGRUS' ASSUMPTION THAT LOGRUS SUPPLIER IS SIGNING UP FOR A USER ACCOUNT ONLY AFTER DETERMINING THAT OPENING AND MAINTAINING SUCH ACCOUNT VIOLATES NO LAWS OR REGULATIONS IN THEIR RESPECTIVE COUNTRY AND JURISDICTION. Logrus Supplier warrants that he/she is not violating any law or regulation by his/her use of EFS Service, and Logrus Supplier indemnifies the Company for any and all liability that might arise from his/her use of the EFS Service.
10.3. Logrus shall make reasonable efforts to ensure that all transactions are processed in a timely manner. However, a number of factors, several of which are outside of Logrus' control such as processing time in EFS System or the mail service, will contribute to when the funds are received. The Logrus makes no representations regarding the amount of time needed to complete processing, nor shall the Logrus be liable for any actual or consequential damages arising from any claim of delay. Furthermore, Logrus makes no representations or warranties as to continuous, uninterrupted or secure access to the EFS Services, which may be affected by factors outside of Logrus control, or may be subject to periodic testing, repair, upgrade or maintenance.
10.4. Logrus shall in no way and under no circumstances be liable for any damages or losses, including, without limitation, direct, indirect, consequential, special, incidental or punitive damages deemed or alleged to have resulted from or caused by but not limited to the following scenarios:
- payments made to unintended recipients or payments made in incorrect amounts due to the input of incorrect information by senders,
- payment made to a third party who passes all identity and verification checks,
- any fraud, deception or misrepresentations by Logrus Supplier, whether or not the Logrus Supplier is verified in any manner,
- any damages resulting from a recipient's decision not to accept a payment made through EFS Service,
- any errors or omissions in the EFS Service website content,
- the misuse of the EFS Service website content or the inability of any person to use the site,
- delays, losses, errors, or omissions resulting from failure of any telecommunications or any other data transmission system and the failure of the central computer system or any part thereof,
- any result of any acts of government or authority, any act of God or force majeure.
10.5. Logrus' use of EFS Service is limited to providing Logrus Supplier with a payment facility and does not ensure the quality, safety or legality of the transaction Logrus Supplier is undertaking. The Company does not have any responsibility for any goods, services or further funds transfers for which Logrus Supplier pays further using the EFS Service and will not be liable for any charges, taxes or other duties in relation to such goods or services.
10.7. A bank transfer, direct debit, credit card or any other electronic payment first received by Logrus Supplier, and then returned to the Logrus for any reason - whether upon his own request or by request of his bank or payment provider - will incur an administration/chargeback fee of up to EUR 25 per transaction.
11. Governing Law and Legal Disputes
11.1. For disputes, claims or to report account discrepancies, Logrus Supplier shall contact Logrus' Logrus Vendor Management Department.
11.2. For some EFT Suppliers acting in U.K. jurisdiction, The Financial Ombudsman Service applies to EFT Suppliers Services. Logrus Supplier may refer complaints that are eligible to be referred to the Financial Ombudsman Service to the Financial Ombudsman if a matter cannot be resolved in accordance with EFT Supplier standard complaint handling procedures.
11.3. This Agreement shall be governed by and construed in accordance with the laws of EFT Supplier jurisdiction. For EFT Suppliers acting in U.K. jurisdiction is England and Wales. For EFT Suppliers acting in U.S.A. jurisdiction is State of Pennsylvania.
11.4. The Logrus Supplier and Logrus shall keep confidential and not use for any collateral or ulterior purpose the subject matter of any arbitration and all information, documents and materials produced for, or arising in relation to, any arbitration including any award arising out of it except in so far as is necessary to implement and enforce any award or otherwise as required by law.
12.1. Logrus and Logrus Supplier shall both comply with all applicable laws, contracts and applicable licences regarding respectively the use and provision of the Services provided by EFT Supplier.
12.5. Logrus Supplier may not transfer any rights or obligations he may have under this Agreement without Logrus' prior written consent. Logrus reserves the right to transfer this Agreement and all rights or obligations under this Agreement without Logrus Supplier's consent.
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