1.Acceptance of Terms
By using our site, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms, you must not use our site. This site is for business use only. To the maximum extent permitted by law, any statutory consumer guarantees or legislation intended to protect non-business consumers in any jurisdiction does not apply.
2.Change to terms
We may modify these Terms at any time. Any changes will be effective immediately upon posting the revised Terms. Your continued use of our Services following the posting of the revised Terms constitutes your acceptance of the changes.
3.Description of the services
Opeso provides various types of Services which you may choose to use from time to time. These Services may include collection services, payout services, foreign exchange services, etc.
Opeso may place interim or permanent restrictions on the use of all or any part of the Services depending on certain regulatory requirements, the Customer's country of residence, identity verification checks or business requirements. Such restrictions will be communicated to the Customer, at the time the restriction is put in place or, if that is not practical due to urgent or unforeseen circumstances, promptly after the restriction is put in place.
4.KYC check
To meet our obligations under Applicable Law, before we provide our Services to you and from time to time during our provision of Services to you, Customer must provide information about itself, its activities and its shareholders (the “Registration Information”).
You must provide us with complete, accurate, and up-to-date information at all times. You will promptly provide any additional information we require at any time, at the latest within two (2) Business Days of a request from us. You acknowledge that we may not provide you with any of our Services until we have received all the information we require. We will not be responsible for any loss arising out of your failure or delay in providing us with the information we require.
Customer will provide Opeso with at least three Business Days prior written notice of any change of the Registration Information. Customer may not use the Services to facilitate the payment for products or services sold by third parties and therefor may not resell the Services to third parties.
5.Service fee
We may charge fees for the use of our Services. All fees will be disclosed to you prior to your use of the Services. The Service Fees are charged separately depending on the Service used by the Customer. Opeso shall be unilaterally entitled to raise the prices for its Services, with three (3) months prior notice. Said price increases shall only become effective for the Services rendered by Opeso starting at the end of the notice period.
Opeso will invoice the Customer monthly for the Services rendered. Invoices provide an overview of the Transaction Fees and other costs and fees due for the past month, calculated on the basis of last month’s Transaction volume, an overview of the Transaction Fees and other fees already withheld from the Settlements and where relevant the remaining amount due or credited to the Customer. Amounts due or credited are subsequently added to or subtracted from the next Settlement to the Customer or in absence of a next Settlement are payable or credited as applicable within 30 days of the invoice date.
6.Liability
To the maximum extent permitted by law, we are not liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from:
- Your use or inability to use our Services;
- Any unauthorized access to or use of our servers and/or any personal information stored therein;
- Any interruption or cessation of transmission to or from our Services.
7.Indemnities
Customer shall indemnify and hold Opeso harmless from any claim (including legal fees) brought against Opeso by any third party as a result of Customer’s breach of the terms of the Agreement, and applicable laws applying to the Payment methods used by Customer.
8.Confidentiality, Privacy and Use of data
8.1Confidentiality
All information relating to the Customer or to Opeso and designated as being confidential, and all information not expressly designated as confidential but which should reasonably be deemed confidential by reason of its nature or content, is considered “Confidential Information”. Each party remains the owner of all data made available to the other party. Customer acknowledges any information provided by Opeso on its Services are Confidential Information.
Each party undertakes to take all necessary steps to protect the confidential nature of all Confidential Information of the other party, agreeing, in particular:
to share Confidential Information solely with personnel and representatives of the parties which have a need to have access to such information in order to exercise rights and obligations under the Merchant Agreement; and
to refrain from making any Confidential Information available to any third party without the prior written consent of the other party except for Opeso where necessary to perform the Services.
8.2Privacy
Our Privacy Policy governs the collection, use, and disclosure of your personal information. By using our Services, you consent to the collection and use of your personal information as described in our Privacy Policy.
Both Opeso and Customer shall implement appropriate technical and organisational measures to protect personal data against misuse.
8.3Use of data
You agree to share Personal Data with Opeso and authorise Opeso to collect, use, store, disclose, transfer or otherwise process such Personal Data for the following purpose:
-provide the services you request from us;
-verify your identity or conduct appropriate checks for credit worthiness or fraud;
-understand your needs in order to provide you with the products and services you require;
-administer and manage our services, including billing for the services provided and debt collection;
- provide you with personal offers tailored to your needs and customising what we show you to your preferences, with your prior consent;
- effectively communicate with third parties as required or authorised by applicable law
You will ensure that any Personal Data that is transferred to Opeso is transferred by a method and means that is secure and compliant with Data Protection Legislation in addition to any other reasonable information security requirements specified by us.
We will ensure that your information will not be disclosed to government institutions or authorities except if required by law (e.g., when requested by regulatory bodies or law enforcement organisations in accordance with applicable legislation).
9.General provisions
9.1 Assignment and subcontracting
You will not assign the Terms, in whole or in part, without our prior written consent. Any attempt to do so will be void and constitute a material breach of the Terms. We may assign the Terms, in whole or in part, or subcontract our obligations under it, without your consent.
9.2 Null provisions
In the event that any provision in the Terms and Conditions is declared null and void or inapplicable, said provision shall be deemed non-existent, and all other provisions of the Terms and Conditions shall remain applicable. The parties undertake to take all steps to eliminate the provision declared null and void and/or inapplicable and to replace the same with a provision approaching, insofar as possible, the economic objective of the provision declared null and/or inapplicable.
10.Termination
At any time, you can stop using any part of the Services and, subject to any Additional Terms, terminate the Terms by giving us thirty (30) days' prior written notice where there are no outstanding transactions between you and Opeso.
LAST UPDATED: On June 2024