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The Payment Gateway
This Merchant Agreement ("Agreement" or "User Agreement" or "Terms Of Service") is a contract between YOU and E-PATH PTY LTD, (ACN: 124032917, ABN:34001494297) and applies to YOUR use of the E-PATH credit card payment gateway service. This Agreement affects YOUR rights and YOU should read it carefully. We suggest YOU print the Agreement for YOUR reference.
In this Agreement, "YOU" or "YOUR" or "merchant" means any person or entity that has been approved as a secure E-PATH credit card payment gateway merchant account holder. Unless otherwise stated, "E-PATH" "we" or "our" will refer collectively to E-PATH PTY LTD and its subsidiaries, affiliates, directors, officers, employees, agents and contractors.
By clicking the "YES" check box, "I Agree", "I Accept"; YOU agree to the terms and conditions of this Agreement, the E-PATH Privacy Policy, and any documents incorporated by reference. YOU further agree that this Merchant Agreement ("Agreement" or "User Agreement" or "Terms Of Service") forms a legally binding contract between YOU and E-PATH, and that this Agreement constitutes "a writing signed by YOU" under any applicable law or regulation. Any rights not expressly granted herein are reserved by E-PATH.
Unless otherwise specified, all references to a "bank" in this Agreement shall mean a registered financial organisation providing YOU with a merchant account facility (separate to E-PATH) for the purpose of enabling YOU to manually process credit card transactions, and all references to a "credit card" include all credit card providers and types.
By applying for the Service, YOU formally instruct E-PATH to securely collect details of credit cards from YOUR customers for delivery to YOU, subject to the terms and restrictions of this Agreement. At no stage will E-PATH communicate to YOUR merchant account facility held with YOUR bank, nor does E-PATH communicate with any bank or financial institution.
YOU acknowledge that:
E-PATH merchants must hold a valid merchant account facility with a registered bank or financial institution in either YOUR country of location or in the country of YOUR main registered trading/business activity.
The name YOU apply for the E-PATH service under which will become YOUR displayed name on YOUR gateway system is to be an exact match of the name YOUR merchant account facility is in at YOUR bank.
Exceptions to this rule are permitted insofar as where YOU seek an alternative name to be displayed on YOUR E-PATH gateway, then YOUR exact registered name of YOUR merchant account facility at YOUR bank must appear underneath YOUR chosen E-PATH displayed name on both YOUR E-PATH payment and receipt pages.
Credit card payments received by your gateway are to be submitted for charging into ONLY the merchant account facility identified to us at time of application. If this changes you agree to notify e-Path at once.
As of December 8, 2006, E-PATH gateway applicants are required to confirm their merchant account at their bank is of the type that allows the manual charging of credit card payment authorisations that come to the merchant by way of fax machine, telephone, normal mail and E-PATH. Merchants agree it is the sole responsibility of the merchant (YOU) to obtain the correct merchant account facility with the correct usage approvals from YOUR merchant account facility provider (bank).
YOU agree to provide true, accurate and complete information at time of applying for the E-PATH Service and to promptly advise E-PATH if YOUR information changes. If any information YOU provide is untrue, inaccurate, not current, or incomplete, without limiting other remedies, E-PATH has the right to terminate YOUR use of the Service.
If YOUR application is for a Multiple Licence account, YOU may be required to furnish more detailed information in order to be in compliance with the various external legal requirements.
Payment for the E-PATH Service is charged in Australian Dollars (AU$) and is made at time of application. The actual cost paid in YOUR currency will be dependant upon exchange rates applicable at the moment YOUR credit card is charged. Exchange rates are determined by the relevant institutions, E-PATH has no control over exchange rates.
E-PATH shall maintain the yearly cost quoted to YOU at application irrespective of whether the E-PATH Service has risen in price since YOUR application date. The yearly fee is the singular fee or cost a merchant pays to E-PATH for the full E-PATH gateway service.
E-PATH will charge YOU the exact AU$ price that was current at YOUR application date, however, if YOU are not located in Australia then the amount charged to YOUR credit card may differ from one renewal to the next due to fluctuating exchange rates.
YOU agree that YOU will not use E-PATH to accept payment for illegal products or services, including but not limited to materials that infringe the intellectual property rights of third parties. YOU will not use the Service, the E-PATH website or any of the services offered therein for any unlawful or fraudulent activity. If E-PATH has reason to believe that YOU may be engaging in or have engaged in fraudulent, unlawful, or improper activity, including without limitation any violation of any terms and conditions of this Agreement, YOUR gateway will be be suspended or terminated.
YOU also agree not to use YOUR secure E-PATH payment gateway account to sell goods with delivery dates delayed more than 30 days from the date of payment, or to sell securities, business opportunities, franchises or multi-level marketing or goods with delivery delayed more than 30 days from the date of payment.
Exceptions to this rule are permitted when YOUR website or shopping cart clearly states delivery of product or service being purchased will be effected later than 30 days, for example, an accommodation venue collecting an accommodation reservation deposit online for accommodation to be taken up at a later date.
To the fullest extent permitted by applicable law, this Agreement and any other agreements, notices or other communications regarding YOUR account and/or YOUR use of the Service ("Communications"), may be provided to YOU electronically and YOU agree to receive all Communications from E-PATH in electronic form. Electronic Communication in this case shall mean EMAIL.
YOU are not permitted to display YOUR secure E-PATH payment or receipt pages inside frames on YOUR website. "Framing" YOUR E-PATH payment and/or receipt page may denigrate the security of the service and is expressly forbidden. YOU are not permitted to mask the E-PATH payment of receipt pages in anyway. Customer must cleanly be redirected to YOUR secure gateway without any measure of impedance.
YOU may not reveal YOUR account Key Pass 1 and/or Key Pass 2 to anyone other than the rightful and appropriate persons in YOUR organisation assigned to process the transactions that E-PATH collects. Key Pass 2 is not recoverable. If YOU lose YOUR Key Pass 2 or feel it is compromised YOU must notify E-PATH. A new Key Pass encryption key will be created for YOUR E-PATH gateway account. YOUR new encryption Key Pass key will be phoned through to YOU. It will not be emailed.
If YOU use, or attempt to use the Service for purposes other for which it is expressly designed, including but not limited to tampering, hacking, modifying or otherwise corrupting the security or functionality of Service, YOUR account will be terminated and YOU will be subject to damages and other penalties, including criminal prosecution where and if applicable.
YOU may not transfer any rights or obligations YOU may have under this Agreement without the prior written consent of E-PATH.
YOU understand that upon YOU receiving YOUR secure data from E-PATH, that data does NOT exist on the E-PATH servers. E-PATH does not permanently store credit card data or data of any type relating to the transaction made to YOU from YOUR customer. Therefore, E-PATH is unable to recover any details of any information entered into YOUR secure E-PATH gateway, including credit card numbers, at any stage after YOU are in receipt of them. It is YOUR responsibility to manage sensitive information and to take the appropriate steps to ensure continued security of the sensitive information once E-PATH has fulfilled its service in collecting and delivering it securely for YOU and to YOU. See # 2.12
As from March 2, 2007, it is now a requirement of the E-PATH service that YOU agree to secure the credit card data in YOUR possession after E-PATH has completed its service in strict accordance with the Terms & Conditions and/or recommendation and/or requirements of YOUR manual merchant account facility provided to YOU by YOUR bank.
YOUR bank may require YOU to destroy credit card data once YOU have performed the transaction into YOUR merchant account facility. Please confer with YOUR merchant account facility provider (YOUR bank) on what is required in order to comply with the appropriate credit card data security requirements of the service they are providing YOU.
YOU understand E-PATH does not challenge the validity or accuracy of any information, including credit card details, expiry date, entered into YOUR secure gateway payment page. Therefore E-PATH can not and does not make any determination on the validity or accuracy of information entered into YOUR secure gateway by YOUR customers or any person directed to YOUR secure E-PATH gateway by any means. See # 2.14
YOU agree to undertake preprocess verification validation (PVV2) on all orders/payments received. PVV2 is a points based ID standard, yet to officially ratified (at time of writing), that provides guidelines for manual (MOTO) merchant accounts holders who accept card-not-present credit card payments for the purpose of checking the buyer and order details, like buyers name, physical address, phone number, fax number etc., to assist in identifying fake or fraudulent transaction attempts.
Notwithstanding that YOUR merchant account facility at YOUR bank will have the required security and fraud detection processes running as specified by Visa, Master Card etc., which will provide YOU with either an "approved" or otherwise transaction response at the time or at some point after manually entering the credit card details into YOUR merchant account, YOU agree to perform a checking process prior to submitting YOUR customers credit card for processing.
If no official PVV2 guidelines (or similar) exist from your merchant account facility provider (YOUR bank) then YOU agree to perform a checking process in accordance with E-PATH's own recommendations.
E-PATH is sent numbers and letters from YOUR website or shopping cart that will appear on YOUR secure E-PATH gateway payment page. Therefore E-PATH is non-currency specific. YOUR website or shopping cart will clearly display the currency YOUR merchant account will transact in. The currency YOUR customer's credit card will be charge in is solely determined by the merchant account facility at YOUR bank.
YOUR E-PATH licence is provided on the basis of the information YOU declared at time of application. If YOU applied for a Single Licence (single website feeding YOUR gateway) and it is determined YOU are feeding YOUR gateway from multiple websites then YOUR service may be suspended or terminated.
YOU agree to install a graphic supplied to YOU free of charge by e-Path on at least on YOUR home page (first page of YOUR site) complete with link to http://e-path.com.au/accept-credit-cards-online.html. This will be provided to you by e-Path for the purpose of:
YOU may request e-Path provide YOU with a custom graphic should YOU require a graphic with a alternative coloured background.
E-PATH shall refund for services cancelled within the first 30 days only. There is a $99.00AU$ (incl GST) cancellation fee which is retained from YOUR paid amount. Therefore, YOU will be refunded the full amount less the cancellation fee should cancellation be requested within the first 30 days. Beyond this point YOU agree that no refunds will be given.
It must be understood that E-PATH creates a unique secure gateway merchant account for each individual merchant. This includes a unique secure directory, payment page, receipt page, unique key and associated exclusive secure systems for YOUR account. There are considerable costs involved.
Therefore, YOU agree, that in the event of YOU cancelling the service within 30 days YOU accept the total amount of YOUR refund will be YOUR initial amount paid by YOU to E-PATH for YOUR E-PATH service less the E-PATH cancellation fee.
YOU agree that:
YOU agree to indemnify and hold E-PATH, its affiliates, officers, directors and employees harmless from any claim, action, demand, loss, or damages (including legal fees) made or incurred arising out of or relating to YOUR use of the Service.
This Agreement is governed by and interpreted under the laws of Australia as such laws are applied to agreements entered into and performed within the borders of Australia, irrespective of whether YOUR location is within or outside of Australian borders.
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This website makes no determination as to the suitability of the e-Path service for your particular personal or business needs.
e-Path is an Australian based global provider of the e-Path Internet Credit Card Payment Gateway Service. All Rights Reserved - Copyright 2005, 2006, 2007, 2008 E-PATH PTY LTD ACN:124032917 | ABN:70124032917  |