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Merchant Service Terms – Call2Assist Or Call2Monitor Service
  1. Introduction
    1. By using or subscribing to PayU’s Call2Assist or Call2Monitor service (the “Service”), you agree that you have read, understand and are bound by:
      1. these ‘Merchant Service Terms – Call2Assist or Call2Monitor Service (“Service Terms”);
      2. the ‘Merchant Service Terms – General’ (“General Terms”); and
      3. the provisions of the hardcopy or electronic application form relevant to the Service (“Application Form”).
    2. Your use of the Service indicates your acceptance of these Service Terms, as read with the General Terms and the Application Form which will together constitute a legal agreement (the “Agreement”) between you and PayU.
    3. Unless the context clearly indicates the contrary, any term defined in the General Terms when used herein, shall bear the same meaning as defined in the General Terms.  In this regard note that, because the Service enables you to receive and/or make payments electronically, you are a ‘Merchant’ for purposes of this Agreement.  To the extent that there is any inconsistency between any provision of the General Terms and these Service Terms, then these Service Terms shall override the General Terms to the extent of the inconsistency.
    4. You may only subscribe for the Service if you are a South African resident, as contemplated by the Income Tax Act of 1962.
  2. Duration

    This Agreement commences with effect from the date of activation of the Service by PayU which date shall not be earlier than the requested commencement date set out in your Application Form and shall endure until either of us terminates it in accordance with the General Terms (the “Commencement Date”).

  3. The Services
    1. The Service enables you, as the seller of products and/or services, to receive payments from your customers or payers (“Customers”) in respect of your transactions with them through the payment methods selected in the Application Form and processed through your (or your nominated) call centre. 
    2. You will be able to view and/or obtain records of your transactions and telephone calls (once in call mode) on the Call2Assist and Call2Monitor portal.
    3. There are two Service choices available to you when subscribing for this Service: the PayU Call2Assist and PayU Call2Monitor (both options are described in paragraphs 3.3 and 3.4 below).
    4. Call2Assist
      1. With Call2Assist, your call centre agent will remain on the telephone call to assist your Customer throughout the payment process, prompting your Customer to enter their credit card details using the keyboard of their telephone (landline or mobile device).  The call centre agent will securely capture and transmit your Customer’s credit card details through our secure Payment Card Industry (“PCI”) DSS Level 1 environment.
      2. Using Call2Assist, your call centre agent will assist your Customer in making the payment and manage the full progress of the payment process, in real time, on the Call2Assist PayU web application. Your call centre agent will not be exposed to any of your Customer’s sensitive card data and will not hear any DTMF (Dual Tone - Multi Frequency on telephone systems) tones when your Customer is making the payment.
    5. Call2Monitor
      1. With Call2Monitor, your call centre agent will transfer your Customer to PayU’s secure cloud based interactive voice responses (“IVR”) to process the payment, whereby a Customer follows a pre-recorded voice prompt throughout the payment process. Using Call2Monitor, your call centre agent will monitor the full payment process relayed through our PCI DSS Level 1 secure environment, directly to your call centre agent’s computer screen.
      2. Upon receipt of payment, your Customer is transferred back to your call centre agent. The payments are transmitted in real time, providing your call centre agents with live confirmation from the bank.
  4. Software Licence

    In consideration of you agreeing to abide by these Service Terms, we grant to you and a limited number of call centre agents (per agent seat) (“Users”), a non-transferable, non-exclusive licence to use the Software associated in and to the provision of the Service for so long as you pay the Services Fees (defined in paragraph 6 below) for the period as described in the Application Form (“User Licence”).

  5. Training
    1. Upon your prior written request, we, or a nominated third party service provider, may provide to you or your nominated call centre agent(s) once-off training on the use of the Services and associated Software as specified in our Integration Documents.  You are required to notify us in writing at the Commencement Date of the Service if you require such training and the location of such training (provided that such training is in South Africa).  You may also receive training remotely.
    2. Any additional training required by you or your call centre agents shall be provided by us on a times and materials basis at our standard rates then in force.
  6. Service Fees
    1. Unless otherwise agreed with you in writing, in consideration for the provision of the Services and the licence to use the Software, you shall pay the fees and charges (“Service Fees”) as specified in the Application Form, consisting of:
      1. a once-off, non-refundable installation fee;
      2. the applicable User Licence fees; and
      3. Call Mode Fees (as defined in paragraph 6.3). 
    2. You understand and agree that the duration of each User Licence and the corresponding User Licence fees will depend on the payment option you select in your Application Form. The two payment options which are available to you are:
      1. The Annual 12 (twelve) Month Option
        1. If you select the 12 month option, you will be charged an annual licence fee per User (“Annual User Licence Fee”) on the Commencement Date of the Service in accordance with the payment terms set out in the Application Form. 
        2. The number of Users (and the corresponding Annual User Licences Fee) is accumulative in nature and may be increased by you on prior written notice to us.   The increase in the number of Users and the corresponding Annual User Licence Fee(s) shall be effective from the month following confirmation of your written request to PayU.
      2. The 24 Month Option
        1. If you select the 24 month option, you shall be charged a monthly User Licence fee per User (“Monthly User Licence Fee”) from the Commencement Date of the Service for a minimum period 24 (twenty four) months in accordance with the payment terms set out in the Application Form. 
        2. The number of Users (and the corresponding Monthly User Licence Fee) is accumulative in nature and may be increased or decreased by you on one month’s prior written notice to us.   The increase or decrease in the number of Users and the corresponding Monthly User Licence Fee(s) shall be effective from the month following confirmation of your written request by PayU.
    3. In addition to the User Licence fees and the once-off installation fee, you will be charged a call mode fee each instance the call centre agent places the telephone call into payment mode (an agent is required to transfer the call in order to complete the payment process in a PCI secure environment and this is referred to as Call Mode in your Application Form and occurs when a call is transferred to the PayU environment (the “Call Mode Fee”).  You will be charged the Call Mode Fee irrespective of whether the transaction is successful.
    4. Unless otherwise specified in your Application Form, Service Fees are due as follows:
      1. Once-off installation fees:  upfront prior to installation commencing;
      2. Annual/monthly fixed fees: in advance within 30 days of receipt of invoice depending on the option you have selected;
      3. Call Mode fees:  in arrears within 30 days of receipt of invoice.
    5. In certain limited instances, in the event you require additional services not agreed between you and PayU at the Commencement Date, we may charge you additional service fees on a times and materials basis at our then current standard rates subject to agreement.
  7. Disclaimer And Limitation Of Liability
    1. In addition to and without limiting the disclaimer provisions set out in the General Terms, but subject to your legal rights, the Service is provided to you without any warranty (including that the Service be error-free, accurate and/or complete) and not subject to any condition, except as may be expressly provided otherwise in the Agreement. 
    2. You acknowledge and agree that we act merely as the payment processor in respect of the transaction between you and your Customer and we are processing the transactions on your behalf, in accordance with your instruction and are not responsible for checking the accuracy of any aspect of any files you send us and will not be liable for any payment related errors made resulting from errors in your file.
    3. More specifically, although we shall use reasonable care and diligence to ensure that the Service is available on a 24 (twenty four) hour per day basis, we make no representations or warranties regarding the time it will take to complete a transaction.  This is because the Service is largely dependent upon many factors beyond our control, including (but not limited to) delays in the banking system.
    4. The Service shall always be subject to the terms and regulations imposed by PayU’s payment processors and service providers and your bank. You further indemnify PayU against any claim that may be made by the payment processors, service providers, or your bank in respect of or arising from your use of the Service against PayU for any reason whatsoever.
    5. You acknowledge that: (i) any transaction executed through use of the Service creates legal rights and obligations only between you and your own Customers and PayU shall never be a party to such transaction; (ii) PayU assumes no responsibility whatsoever for the fulfilment and execution of your transactions; (iii) any online banking facilities available through use of the Service create legal rights and obligations only between you and such banks or between your Customers and such banks; (iv) PayU shall not be responsible for the delivery of any products procured by any of your Customers, including but not limited to late deliveries, damage to goods, or loss of goods; (v) PayU does not warrant that the debit orders, recurring payments, reports on successful and failed transactions, and/or log files shall be error free, accurate and/or complete nor do we guarantee the availability of a connection between your computer, your call centre agent’s workstation, terminal or other electronic device (“Device”) and the acquiring bank; and (vi) PayU does not warrant nor is responsible for any acts, omissions or communication of any Users (call centre agents) notwithstanding the any training we provide as set out in clause 5.
    6. If you use the Service in a manner that violates the Agreement, including but not limited any prohibited conduct described in the General Terms or any other applicable Service Terms, we may be entitled to suspend or terminate the provision of the Services, as stated in clauses 18.1 or 18.2 of the General Terms.
  8. Consequences Of Termination
    1. Upon termination of the Service for any reason whatsoever, you shall immediately: (i) cease to access the Service; and (ii) destroy any copies of the Integration Documents.  You will immediately return all materials provided to you by PayU and remove any reference to PayU and the Service from all your promotional and corporate materials, including all your electronic communications and websites.
      Each User Licence in and to the use of the associated Software shall terminate automatically on the termination date of the Service.