Terms of Service
I. General Statements
By subscribing to the services provided with the use of the Payment Gateway and the Merchant Panel (hereinafter: the Service) and submitting the merchant application form you agree and acknowledge that you have entered into a legally binding and enforceable agreement with PayLane. It is also deemed that you have familiarized yourself with this document and granted consent to each and every provision hereof. If you do not agree with all terms and conditions stated in this document, please do not use our Service.
PayLane provides the software that enables merchants to transfer data to authorization and clearing centres or banks (acquirers) in order to process online payment transactions (such as: credit card payments, MOTO and online payments, recurring bills) initiated by their customers and manage data regarding such transactions.
PayLane is not an acquirer and does not render banking services under the Service. It only provides a payment gateway and technical support in the transferring of data to respective acquirers in order to process thereby payment transactions over the Internet. The opening of the User Account does not constitute the opening of the bank account for the User.
For the purpose of these Terms of Service the following terms shall have the following meanings:
“PayLane” – means PayLane UK Ltd., 46 Station Road, North Harrow, Middlesex HA2 7SE, United Kingdom, the Registrar of Companies for England and Wales, Company number 6493144, who acts as the Service Provider,
“Merchant” – means any natural or legal person or other entity who conducts business activity with the use of the Internet, that is, sells goods and/or services over the Internet,
“User” – means a Merchant who subscribed to the Service available on the PayLane.com website and was approved by PayLane pursuant to Clause II PayLane Service sub-clause 6 herein,
“User Account” – means an individual account opened for the User within the Merchant Panel which may be accessed only with the use of a correct login and password; the User Account is an administration area, which helps the User manage their data regarding online payment transactions. Within the User Account there may be individual subaccounts created for persons authorized by the User.
“Payment Gateway” — means a functioning software that is linked with authorization and clearing centres, acquiring banks and other financial institutions and which allow to transfer data to their information systems in order to process thereby online payment transactions,
“Merchant Panel” – means functioning software available under URL: https://merchant.paylane.com consisting of a number of individual User Accounts; the said software allows the Users to view and manage data regarding online payment transaction in their User Accounts.
“The Agreement” and “Terms of Service” shall mean the same.
These Terms of Service govern the registration and use of the PayLane Service.
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
II. PayLane Service
- The Service is dedicated to the Merchants who obtained the “User” status.
- Within the Service PayLane:
- provides system tools that enable necessary communication between the User’s website and the Payment Gateway;
- provides two methods of User’s website integration with the Payment Gateway, consisting in:
- enabling the User to direct his customer via Payment Gateway from the User’s website to the PayLane website that contains a secure transaction form; or
- enabling all data entered by the customer on the User’s website to be transferred to PayLane systems via PayLane API;
- enables the User:
- to transfer data provided by the customer from PayLane systems to a respective acquiring bank, an authorization and clearing centre or other financial institution which then enables the processing of payment (e.g. in the case of credit card payments or direct debits); or
- to redirect the customer to the website of a respective acquiring bank or other financial institution which enables online payment to be made (e.g. in the case of wire transfer payments or giropay);
If the customer’s payment instruction is not rejected by the said financial institution, the customer’s payment is transferred to the User’s individual merchant account opened in such institution and the result of the transaction is recorded on the User Account.
- opens for the User a User Account within the Merchant Panel. The User Account allows for, among others,:
- viewing lists of carried out transactions, authorization lists and sales errors, lists of refunds, reversals and chargebacks;
- manually initiating refunds or resales;
- using a virtual terminal for MOTO transactions;
- viewing the User Account statistics;
- accessing User Account settings;
- setting IP addresses, from which connection with PayLane’s API will be carried out;
- accessing the list of subaccounts authorized to enter the User Account;
- setting a blacklist for transactions which the User does not want to accept;
- changing email notifications settings, the password to the User Account;
- accessing technical documentation;
- The Service includes also other functions, such as:
- successful and failed transactions search;
- anti-fraud information which assesses transaction risk on a scale of 1 to 10;
- risk statistics (the ratio of refunds to successful transactions);
- access to PayLane invoices addressed to the User;
- mechanism allowing for exporting payment transactions data to a csv or pdf file;
- storing of identity data of the User’s customers who entered such information when making purchase in the User’s webstore.
- In order to subscribe to the Service the Merchant shall fill in and submit an application form that may be found on http://paylane.com/application, and provide relevant documents, which are required by PayLane to verify the Merchant’s credibility.
- The Merchant may be refused for the Service, in particular, if:
- the Merchant does not meet the standards set by acquiring banks, authorization and clearing centres or other financial institutions selected by that Merchant and all those institutions refused to render their services to the Merchant;
- the Merchant’s enterprise does not correspond with the business model accepted by PayLane;
- the Merchant provided information which is false, inaccurate or incomplete and did not correct the information despite PayLane’s request;
- If the Merchant is approved for the Service, they obtain the “User” status, the User Account is opened for the User and they are being given user names and passwords for the subaccounts authorized to enter the User Account, an API user name and password, as well as other data necessary to use a secure transaction form. The User is responsible to keep his user names and the passwords in secrecy.
- The User shall integrate their business website(s) with the Merchant Panel using the system tool provided to them by PayLane. PayLane provides feedback support in implementing the system tool. PayLane shall verify the content and functionality of the User’s website from the point of view of PayLane’s accepted standards, however not later than within 14 days from receipt of the information from the User.
- The User and PayLane may agree that PayLane’s logotype is placed on the User’s website.
- Upon registration to the Service, the User:
- agrees to be bound by these Terms of Service and PayLane Privacy Policy available at: http://paylane.com/privacy-policy;
- undertakes to maintain and update all information provided in the application form, so that it is correct, complete and accurate;
- undertakes to use the Service in accordance with these Terms of Service, applicable laws, as well as rules, regulations and procedures of relevant acquiring banks, authorization and clearing centres and/or other financial institutions.
- The Service will operate properly on Internet Explorer 7.0 or higher, Mozilla Firefox, Safari, Chrome and Opera web browsers.
- PayLane will send newsletters and commercial communications to the User only when they grant express consent thereto.
- PayLane may change the method of access to the Service at any time, if it is necessary to ensure a secure and stable environment for the Service. The User agrees that, in the event of degradation or instability of the Service or an emergency, PayLane may temporarily suspend the User access to the Service in order to minimize threats to and protect the operational stability and security of the Service.
III. User Obligations
- The User shall:
- use the Service in accordance with the applicable laws, these Terms of Service and PayLane Privacy Policy available at: http://paylane.co.uk/paylane-privacy-policy;
- review transactions processes initiated with the use of the Payment Gateway on a regular basis and notify PayLane promptly of any suspected unauthorized activity;
- if it was agreed so between PayLane and the User — place on pages of their website the PayLane logotype connected with a link directing to the PayLane website and keep it for the duration of the use of the Service;
- maintain their website, connections to the Internet and fulfil all orders for goods and/or services sold by the User;
- collect, store and transmit certain transaction and customer information, in a secure manner, protect the privacy of such data, and comply with requests from PayLane to take reasonable action to maintain the security and integrity of the Service.
- If the Merchant or the User provides PayLane with information which turns out to be false or incomplete PayLane will be entitled to refuse admission to or suspend the Service or its part (for instance disabling the User Account).
- PayLane reserves the right to refuse the processing of payments effected by certain customers, if PayLane has any reasonable doubts as to the legality of the transaction by virtue of which the payment is made or to the legality of the payment itself.
- PayLane may also refuse granting access to the PayLane websites, the Service and/or terminate the Service should the Merchant or the User:
- was notified to be using the Service for illegal or expressly prohibited practices;
- was found infringing on the Service, PayLane websites or any other PayLane services;
- intentionally or maliciously evade the obligations stated in these Terms of Service.
- PayLane reserves the right to issue a warning note should the User use the Service for any abusive or illegal practices. Appropriate actions, such as disabling the subaccount or the User Account, terminating the Service and/or reporting the User and the incident to the appropriate authorities shall be taken immediately should the User be performing such practices, despite the explicit warning.
IV. Prohibited Practices
- The following practices are strictly prohibited:
- using the PayLane websites or the Service in a manner that violates any applicable law or infringe third persons rights. In particular, the Service may not be used to sale goods or services which sale is prohibited by the law or is regulated and the User has not obtained a licence (permit);
- attempting to discover PayLane’s source code – parts or all of it, ,
- sublicensing, renting, leasing or any other making available for use any portion of the Service;
- allowing the subaccounts or the User Account to be used for any illegal purpose or used by any unauthorised person for any purpose;
- taking any action which imposes an unreasonable or disproportionately large load on the website network or other PayLane service infrastructure.
- It is prohibited to use any hardware or software intended to damage or interfere with the proper and timely functioning of the Service or to surreptitiously intercept any system, data or personal information from the PayLane website, servers and/or the Service.
V. User Support Service and Complaint Procedure
- Every User gets a dedicated consultant, who will provide them support services.
- PayLane provides support services also via email at: and telephone: +48 58 732 21 11. Users may also contact PayLane support team through social media such as: Facebook — http://www.facebook.com/PayLane, Twitter — http://twitter.com/PayLane, LinkedIn — http://www.linkedin.com/company/paylane.
- Each time the User asks for support feedback, they are obliged to provide their User Account name and/or their own name and email address. PayLane does not respond to anonymous support requests.
- PayLane ensures that their consultants respond as soon as possible. Normally the response is performed within two business days after receiving a request.
- In the event of the Service failure, the User may submit a complaint to PayLane using the following email: . The complaint should include: User Account name and/or name, email address and description of the problem. PayLane does not respond to anonymous complaints.
- PayLane investigates the complaint as soon as it is possible. The User has the right to be informed on the matter progress. If a problem with the Service occurs, PayLane will undertake all the necessary measures to solve it quickly.
VI. Payment
- Any possible fees for rendering the Service or its portion by PayLane shall be determined in a separate agreement concluded between the User and PayLane.
- PayLane does not impose any charges on the User’s customers.
- If the User requests any additional function in the Merchant Panel, Payment Gateway or the User Account, which are not available in standard, PayLane may add such functions against remuneration and on condition that such functions are reasonable and technically feasible.
- The amount of fees and manner of payment for additional functions ordered by the User will be determined individually between the User and PayLane and are dependent on the type and complexity of those functions.
VII. Data protection
- In order to ensure the security and confidentiality of personal and business data PayLane has implemented a wide range of measures and created its own privacy policy. The scope of those measures and the terms of PayLane Privacy Policy may be found at: http://paylane.co.uk/paylane-privacy-policy.
- PayLane makes its best efforts to ensure the highest standard of security and confidentiality of transmitted information, especially by implementing such measures as: 128 bit SSL encryption, firewalls, additional antivirus software, additional data encryption, backup servers and power supplies plus it complies with the rules laid down by the PCI Security Standards Council. However, PayLane does not control the Internet or other networks and cannot guarantee the security of any information transmitted with the use of such means (this includes the PayLane website). Every such transmission is carried out at the risk of the person initiating it.
- PayLane does not assume any responsibility for the use or disclosure of personal or business data which are the result of illegal or unauthorized access to PayLane systems or those of PayLane contractors or partners.
VIII. Copyright and Trademarks
- PayLane, paylane.com, paylane.co.uk, paylane.eu, paylane.pl are the trademarks of PayLane Group. The trademarks may not be used in conjunction with third parties’ products or services in any manner that might cause confusion among customers and potential customers, or in any manner that discredits any of the entities within the PayLane Group and/or their services.
- The Service software as well as the content of the PayLane website, including text, graphics, logos, button icons, images, are the property of PayLane or its content suppliers and they are protected by copyright and trademark laws.
- It is strictly forbidden to sell, license, rent, modify, distribute, reproduce, transmit, publish, adapt, publicly display or perform or create works from materials or content that PayLane provides on its website or within the Service, without written permission from PayLane.
- When the User downloads copyrighted material posted by PayLane to their User Account (this includes transaction reports), they do not obtain any ownership rights in that material. The User may not change or delete any author attribution, trademark, legend or copyright or other proprietary notices from such material.
- Any unauthorized use of any material provided under the Service or contained within any PayLane website may violate copyright laws, trademark laws, the laws of privacy and publicity.
IX. Disclaimer, Limitation of Liability
- The PayLane website and the Service are designed only to transfer transactions and/or data to the acquiring bank or other financial institution selected by the User using the existing electronic payments network. PayLane is not responsible for the delivery of said transaction data to PayLane server. The User is solely responsible to ensure security of data being transmitted to PayLane server and their correctness.
- PayLane accepts no responsibility for the settlement of the transactions between the User and their acquiring bank or any other financial institution. PayLane does not warrant the completion of transactions, nor does it warrant that any User or financial institution will complete a transaction. The User agrees to accept risks resulting from such transactions and shall indemnify and keep indemnified on demand PayLane in respect of such risks.
- The Service and all of its functions, as well as the PayLane website are provided “AS IS”. PayLane obligations are limited only to those set out in these Terms of Service. PayLane does not warrant that the functions rendered available on the PayLane website or within the Services will be uninterrupted, always available or error free, or that its website, hardware or computer systems are free of viruses or other harmful components or programs.
- PayLane does not give warranties of any kind, either express of implied, including the warranties of non-infringement of third party rights, title, merchantability, fitness for a particular purpose as regards information and materials provided, the PayLane website or the Service or any of their functions.
- PayLane does not warrant the accuracy, adequacy, completeness or timeliness of information, materials, the Service or functionality on the PayLane website. This applies as well to the use or the results of the use of the Service, information, materials and functionality within the PayLane website in terms of correctness, accuracy, reliability or otherwise.
- To the extent permitted by law, PayLane, its agents, directors, officers and employees accept no liability for any loss, whether direct or indirect, including but not limited to loss of revenue or anticipated profits, loss of business or loss of data, computer failure or malfunction, or injury or any direct, indirect, consequential, special, punitive, or other commercial or economic loss of any kind or any claim against the customer by any other person resulting from or arising in connection with the performance or non-performance of this Agreement, the Service, or any obligation hereunder or thereunder, howsoever caused (including breach of a warranty, tort, negligence, strict liability in tort, or any legal, statutory or equitable cause of action).
- The limitations, exclusions and disclaimers in this Agreement shall apply irrespective of the nature or the cause of action, demand or claim by the User, including, without limitation, breach of contract, negligence, tort, strict liability or any other legal theory and shall survive a fundamental breach or breaches or the failure of the essential purpose of this Agreement.
- PayLane shall not be responsible or liable for any loss, damage or inconvenience suffered by the User or by any third person, to the extent that such a loss, damage or inconvenience is caused by the failure of the User to comply with their obligations under these Terms of Service.
- PayLane is not responsible for any delay or failure in performance due to Force Majeure or other occurrences that are beyond PayLane’s reasonable control. PayLane is not responsible for short, temporary and accidental suspension of the Service, if this occurs as a result of circumstances which PayLane could not foresee or suspect.
- The User recognizes that PayLane does not own or control other networks, information and systems outside of its own network, nor is PayLane responsible for performance or non-performance within such networks. PayLane exercises no control over and specifically denies any responsibility for the content, information, accuracy or quality of the information and/or data passing through its network or the Service provided.
X. Confidentiality
The terms and conditions regarding the confidentiality of certain information exchanged between PayLane and Merchant or the User are specified in the Privacy Policy available at http://paylane.com/privacy-policy and in separate non-disclosure agreements concluded by PayLane and the User in the course of the opening of the User Account.
XI. Term and termination
- The term of this Agreement begins on the date the Merchant (the User) clicks to accept this Agreement and shall continue until the Service is terminated, as stipulated below.
- The User may terminate the Service at any time by closing the User Account. The User Account may be closed by sending a cancellation request to PayLane via: . In the cancellation request the User is obliged to provide their name and email address.
- PayLane may terminate the Service immediately for any breach of these Terms of Service, in particular in situations defined in Clause III. User Obligations herein.
- This Agreement terminates with immediate effect should the Merchant be not approved by PayLane for the Service, as set out in Clause II. PayLane Service subclause 5 and 6 herein.
XII. Final provisions
- PayLane has the right to use the User name in its marketing material, including but not limited to the print form, multimedia (including Web) and website case studies.
- Any disputes between the User and their customers regarding transactions shall be resolved between the User and those customers. PayLane is not responsible for such transactions or disputes.
- The illegality, invalidity or unenforceability of any provision of these Terms of Service shall not affect the legality, validity or enforceability of the remaining provisions hereof. Should any provision of these Terms of Service be rendered invalid or unenforceable under the laws of the United Kingdom or any other country having jurisdiction over legal relationship regarding PayLane Service, such provision will be modified to the extent necessary to render it valid and enforceable without altering its intent. If such modification is not possible, these Terms of Service shall be construed as if such an invalid or unenforceable provision had never been included herein.
- PayLane has the right to modify, add or delete any materials, information, graphics or other content appearing on or in connection with the PayLane website, including these Terms of Service, at any time without prior notice. This provision applies in particular if such modifications, additions or deletions are needed to comply with applicable laws or with the rules and regulations of various debit and credit card organizations or other financial institutions. These Terms of Service may also be changed by written agreement between PayLane and the User.
- If PayLane decides to make changes to these Terms of Service, it will post a revised version of the document on the PayLane website. The revised version will be effective at the time it is posted. However, if PayLane believes that the planned change is material, the User will be informed on the planned change by posting notice of the change in these Terms of Service on the PayLane website at least 7 days prior to coming into force of that change. The User agrees that their continued use of the Service after such a change will constitute their acceptance of and consent to be bound by the updated Terms of Service. The most current version of the Terms of Service is available at any time at the PayLane website.
- This Service shall be interpreted and construed according to, and governed by, the laws of England and Wales.
- Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of England and Wales.