General Terms

Introduction

Welcome to FabrixBiller! These Terms of Service ("Terms") constitute a legal agreement between you ("User" or "you") and Cloudtiger Hosting Ltd. ("we," "us," or "our") governing your use of our payment processing services ("Services").

By accessing or using our Services in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and any additional terms and conditions referenced herein. If you do not agree to these Terms, please refrain from using our Services.

These Terms govern your access to and use of our platform, including but not limited to the processing of payment requests through various payment methods offered by our service. Please read these Terms carefully before using our Services. If you have any questions regarding these Terms, feel free to contact us.

By using our Services, you affirm that you are of legal age to enter into this agreement or have obtained parental or guardian consent to do so. If you are entering into these Terms on behalf of an entity, you represent that you have the authority to bind that entity to these Terms.

Terms glossary

Merchant: The business or individual selling goods or services and using the payment processor to receive payments.

Payment Gateway: The technology that authorizes payment processing by securely transferring information between the merchant, customer, and payment processor.

Transaction: The exchange of funds between a customer and a merchant via the payment processor.

API Integration: The connection between the payment processor's system and the merchant's website or application, allowing for seamless transactions.

Payment Methods: Various ways customers can pay, such as credit/debit cards, bank transfers, e-wallets (PayPal, Payeer), cryptocurrencies (Bitcoin via Coinbase).

Processing Fee: The charge applied by the payment processor for handling transactions.

Payment Confirmation: Notification to the merchant and customer that a payment has been successfully processed.

Fraud Prevention: Tools and measures employed by the payment processor to mitigate fraudulent transactions.

Refund: The return of funds from the merchant to the customer for a canceled order or returned item.

Chargeback: When a customer disputes a charge, resulting in funds being returned to the customer and investigated by the payment processor.

Settlement: The process of transferring funds from the acquiring bank (payment processor) to the merchant's account.

Compliance and Security: Adherence to industry regulations (such as PCI DSS) and security measures to protect sensitive payment information.

Service Details

Our service acts as a payment processor intermediary, facilitating the forwarding of payment requests from customers to a variety of payment methods, including but not limited to PayPal, Payeer, Coinbase, and others as deemed appropriate by our platform. Through our system, users can initiate and manage payment transactions across multiple platforms, streamlining the process for convenience and efficiency.

Limitations and Restriction

Authorized Payment Methods: We provide access to a selection of reputable payment methods. However, the availability of specific payment methods may vary based on various factors, including geographic location, regulatory requirements, and agreements with third-party payment processors. We reserve the right to modify or discontinue support for any payment method at our discretion.

Transaction Validation: While our platform facilitates the transmission of payment requests, we do not directly handle the validation or approval of transactions. The final authorization and processing of payments are subject to the policies, terms, and procedures of the respective payment methods chosen by the user. We cannot guarantee the acceptance or success of every transaction.

Compliance and Use: Users must comply with all applicable laws, regulations, and the terms of service of the chosen payment methods when utilizing our service. Any misuse, including but not limited to fraudulent activities, money laundering, or violations of third-party terms of service, will result in immediate suspension or termination of access to our platform.

Service Availability: While we strive to maintain uninterrupted service, we cannot guarantee the continuous availability or access to our platform due to factors beyond our control, such as technical issues, maintenance, or unforeseen circumstances.

Fee Structure: We may charge fees for the use of certain features or services provided by our platform. Users will be notified of any applicable fees, and their acceptance will be required before utilizing these services.

User Responsibilities: Users are responsible for maintaining the security of their accounts, including safeguarding login credentials and promptly reporting any unauthorized access or suspicious activities.

User Responsibilities

1. Accurate Information

Providing Accurate Data: Users are responsible for submitting truthful, accurate, and complete information when using the service, including but not limited to personal details, payment information, and transaction details.

Updating Information: Users must promptly update their information to ensure its accuracy and completeness.

2. Compliance with Laws and Regulations

Legal Compliance: Users must comply with all applicable laws, regulations, and industry standards when using the service, including those related to payments, data protection, and financial transactions.

Prohibited Transactions: Users are prohibited from engaging in any activities or transactions that violate local, national, or international laws or regulations.

3. Prohibited Activities

Fraudulent Transactions: Users must not engage in fraudulent activities, including but not limited to unauthorized payments, identity theft, or deceptive practices.

Illegal Activities: The service must not be used for any unlawful activities, including money laundering, financing of terrorism, or any other criminal activities.

4. Prohibited Use

Misuse of Service: Users are prohibited from using the service in any manner that may impair, damage, or interfere with its functionality, security, or availability.

Abuse of System: Any attempts to circumvent security measures, access unauthorized areas, or disrupt the service's operations are strictly prohibited.

5. Compliance with Service Policies

Acceptable Use: Users must adhere to the service's acceptable use policies, guidelines, and any other terms and conditions outlined by the payment processor.

6. Reporting Violations

Reporting: Users are encouraged to report any suspected violations of these responsibilities or any suspicious activities observed while using the service to the appropriate authorities or the service provider.

7. Consequences of Non-Compliance

Action by Service Provider: Failure to comply with these user responsibilities may result in the suspension, limitation, or termination of the user's account or access to the service, at the discretion of the service provider.

Payment Processing

2. Fees

a. Transaction Fees: The use of our payment processing service may be subject to transaction fees. These fees will be clearly outlined at the time of the transaction initiation and are based on various factors, including the selected payment method, transaction volume, and other applicable charges.

b. Service Fees: In addition to transaction fees, a service fee may apply for utilizing our payment processing service. These fees are disclosed prior to the completion of the transaction and are based on the nature of the transaction, service features utilized, and any additional services availed by the user.

3. Payment Terms

a. Billing Cycles: Users are billed based on the agreed-upon billing cycle, which may vary depending on the nature of the transaction or the user's account type. Billing cycles will be specified during the transaction process or as per the terms agreed upon in advance.

b. Methods of Payment: Our service supports various methods of payment, subject to the specific payment methods accepted by the recipient and the user's account settings. Accepted payment methods will be indicated during the transaction process.

c. Currency: Transactions are processed in the currency specified by the user during the transaction initiation. Any currency conversion fees or exchange rates will be disclosed before the completion of the transaction, and the user will have the opportunity to review such information before proceeding.

4. Disbursement

a. Processing Time: Disbursement of funds to designated recipients or payment methods is subject to processing times determined by the chosen payment method and other factors. While we strive to facilitate prompt disbursement, processing times may vary and are beyond our immediate control.

b. Confirmation of Transactions: Users will receive confirmation of successful transactions, including details regarding the recipient, amount transferred, and any applicable fees.

Privacy and Data Handling

Data Collection:

Information Collection: When using our service, we may collect personal information, including but not limited to name, email address, payment details, and transaction history.

Automated Data: We may collect certain information automatically, such as IP addresses, device information, and usage patterns, to improve our service and user experience.

Data Storage:

Security Measures: We employ industry-standard security measures to safeguard collected data against unauthorized access, alteration, disclosure, or destruction.

Data Retention: User data is retained for as long as necessary to provide the services and as required by applicable laws. We may also retain and use this information as necessary to comply with legal obligations, resolve disputes, and enforce agreements.

Data Usage:

Service Improvement: Collected data may be used to enhance and personalize the user experience, optimize service performance, and develop new features.

Communication: We may use the provided contact information to send important service-related notifications, updates, or promotional materials. Users can opt out of promotional communications.

Legal Compliance: User data may be disclosed as required by law, legal process, or to protect our rights, property, or safety, or the rights, property, or safety of others.

Privacy Policy:

Transparency: Our Privacy Policy outlines the types of data collected, the purposes for which it is used, and any third-party sharing practices.

Third-Party Sharing: We may share data with trusted third-party service providers or partners solely for the purpose of providing and improving our services. These entities are contractually obligated to protect user data and use it solely for the purposes outlined.

User Control:

Access and Updates: Users have the right to access, update, or delete their personal information stored with us. They can do so by contacting us through the provided channels.

Cookie Policy: Our website may use cookies or similar tracking technologies. Users can manage cookie preferences through their browser settings.

Consent:

User Consent: By using our services, users consent to the collection, processing, and use of their data as described in this Privacy and Data Handling section and the associated Privacy Policy.

Intellectual Property Rights

1. Protection of Website's Intellectual Property

a. All content, logos, trademarks, service marks, and proprietary information displayed on this website are the exclusive property of Cloudtiger Hosting Ltd. or its licensors, protected by applicable intellectual property laws.

b. Users are prohibited from copying, distributing, modifying, or using any of the website's content or intellectual property without explicit written permission from Cloudtiger Hosting Ltd..

2. User Obligations Regarding Submitted Content

a. By using our payment processing service, users agree that they are solely responsible for any content, including but not limited to text, images, or any other material submitted, uploaded, or transmitted through our platform.

b. Users warrant that any content submitted does not infringe upon the intellectual property rights of any third party. They grant Cloudtiger Hosting Ltd. a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, and distribute such content for the sole purpose of providing and improving the service.

c. Users agree not to upload or submit any content that violates intellectual property rights, including copyrights, trademarks, or patents, of any third party. Cloudtiger Hosting Ltd. reserves the right to remove any content that is deemed to infringe upon these rights without prior notice.

3. Reporting Intellectual Property Violations

a. If a user believes that their intellectual property rights have been infringed upon by content on our platform, they should promptly contact Cloudtiger Hosting Ltd. and provide detailed information regarding the alleged infringement.

b. Cloudtiger Hosting Ltd. will investigate such claims and may take appropriate action, including removing or disabling access to the allegedly infringing content, in accordance with applicable laws and regulations.

Disclaimers and Limitations of Liability

Limitation of Liability: Our service acts solely as a conduit for payment processing, facilitating transactions between users and various payment methods. We hereby disclaim any liability for direct, indirect, incidental, consequential, or punitive damages arising from the use or inability to use our service. Under no circumstances shall Cloudtiger Hosting Ltd. be liable for any financial loss, data loss, or other damages incurred by users or third parties, including but not limited to transactions, interruptions, or unauthorized access to information transmitted via our platform.

Disclaimer of Warranties or Guarantees: Cloudtiger Hosting Ltd. provides the service "as is" and "as available." We do not warrant, guarantee, or make any representations regarding the reliability, accuracy, or completeness of the service or the information provided through it. We expressly disclaim any warranties, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee the continuous, uninterrupted, or secure access to our service, and users acknowledge that usage may be subject to limitations, delays, and security vulnerabilities beyond our control.

Third-Party Services: Cloudtiger Hosting Ltd. may integrate or utilize third-party services or payment methods as part of our service. We do not warrant or assume any responsibility for the actions, products, or content of these third parties, and users agree that any interactions with third-party services are solely between the user and the respective third party. We disclaim liability for any damages or losses incurred from the use of third-party services accessed through our platform.

Indemnification: Users agree to indemnify and hold Cloudtiger Hosting Ltd., its affiliates, officers, employees, and agents harmless from any claims, damages, liabilities, or expenses arising from their use of the service, violation of the Terms of Service, or infringement of any rights of third parties.

Jurisdictional Limitations: Some jurisdictions may not allow the exclusion or limitation of certain warranties or liabilities. Therefore, to the extent that such laws apply, the above disclaimers, exclusions, or limitations may not apply to all users, and our liability will be limited to the maximum extent permitted by law.

Termination and Suspension

Circumstances for Account Termination or Suspension

We reserve the right to terminate or suspend a user's account under the following circumstances, but not limited to:

Violation of Terms: Users found to be in violation of our Terms of Service, including engaging in fraudulent activities, unauthorized use, or illegal transactions.

Non-Payment: Failure to meet payment obligations or any outstanding fees owed to the service.

Security Concerns: Suspicion or evidence of account compromise, unauthorized access, or security threats.

Legal Compliance: Upon receipt of a legal request or directive from law enforcement or regulatory authorities.

Abuse of Service: Any misuse or abuse of the service that disrupts or harms our platform, other users, or our reputation.

Procedures for Account Termination

In the event of account termination or suspension:

Notice: We may provide notice of termination or suspension, except in cases where immediate action is necessary for security or legal reasons.

Right to Appeal: Users have the right to appeal the decision within a specified timeframe by contacting our support team. Appeals will be reviewed, and decisions may be reconsidered based on provided evidence or explanations.

Consequences of Termination: Upon termination, users will lose access to the service and any associated data or transactions. Outstanding fees or obligations remain due and payable.

Reinstatement of Accounts

Depending on the circumstances leading to the termination or suspension, we reserve the right to consider reinstatement of accounts at our discretion. Reinstatement may require the user to fulfill specific conditions or obligations set by us.

Reservation of Rights

We retain the sole discretion to terminate or suspend user accounts without liability or prior notice, particularly in cases where such actions are necessary to protect the integrity, security, or reputation of our service.

Governing Law and Dispute Resolution

Choice of Law

These Terms of Service and any dispute arising out of or in connection with them shall be governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of law principles.

Dispute Resolution

Negotiation: In the event of any dispute or claim arising from or relating to these terms, both parties agree to first attempt to resolve the issue informally. This shall involve good-faith negotiation discussions between the parties.

Mediation: If the parties are unable to resolve the dispute through negotiation, they agree to submit the matter to mediation administered by the [specified mediation service or organization], conducted in accordance with its mediation rules. Both parties agree to participate in the mediation in good faith.

Arbitration: Should the dispute remain unresolved after mediation, both parties agree that any unresolved controversy or claim arising out of or relating to these terms, or the breach thereof, shall be settled by arbitration in accordance with the rules of [specified arbitration service or organization]. The arbitration shall be conducted in London, UK, by a single arbitrator appointed in accordance with the said rules.

Court Proceedings: If for any reason arbitration is deemed unenforceable or impracticable, both parties hereby consent to the exclusive jurisdiction of the courts located in London, UK, to resolve any dispute arising out of or related to these terms. Each party hereby submits to the personal jurisdiction of such courts and waives any objection based on inconvenient forum.

Costs: The prevailing party in any dispute resolution process, including arbitration or court proceedings, shall be entitled to recover its reasonable attorneys' fees and costs incurred in connection with such proceedings.

Waiver of Class Actions

Any dispute resolution proceedings, whether through arbitration or court, shall be conducted on an individual basis and not as a class action or other representative action. Both parties waive the right to participate in any class action against the other party.

Amendments to the Terms

Modification of Terms

We reserve the right, at our sole discretion, to modify or replace these Terms of Service at any time. It is your responsibility to review these Terms periodically for changes. Your continued use of the Service after any revisions to the Terms constitutes acceptance of those changes.

Notification of Changes

We may provide you with notice of material changes to these Terms by posting a notice on our website or by sending an email to the primary email address specified in your account. It is important that you regularly check your email and review our website to stay informed about any changes.

Effectiveness of Amendments

Any modifications to the Terms will become effective upon posting on our website or when we notify you by other means. Your continued use of the Service after the effective date of any modifications indicates your acceptance of the updated Terms. If you do not agree to the amended terms, you must stop using the Service.

Express Consent

By using our Service, you acknowledge and agree that it is your responsibility to review these Terms periodically and be aware of modifications. Your continued use of the Service after such modifications will constitute your acknowledgment of the modified Terms and agreement to abide and be bound by the modified Terms.

Miscellaneous

Severability Clause

If any provision within these Terms of Service is deemed unlawful, void, or unenforceable, that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of the remaining provisions. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision within these Terms of Service.

Entire Agreement

These Terms of Service constitute the entire agreement between FabrixBiller and the user, superseding any prior agreements or understandings between the parties, whether written or oral, regarding the subject matter herein. Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.