1. Acceptance of Terms

By accessing or using EverSafePay's services, you agree to be bound by these Terms and Conditions, our Privacy Policy, and all applicable laws and regulations. If you do not agree with any of these terms, you are prohibited from using or accessing our services.

2. Definitions

• "Service" refers to the payment gateway and related services provided by EverSafePay.
• "User", "You", "Your" refers to the individual or entity using our Services.
• "Merchant" refers to businesses, individuals, or entities that use our Services to accept payments.
• "Customer" refers to individuals making payments to Merchants through our Services.
• "RBI" refers to the Reserve Bank of India.
• "NPCI" refers to the National Payments Corporation of India.

3. Services Description

EverSafePay provides payment gateway services that enable Merchants to accept payments from Customers through various payment methods including:

• Unified Payments Interface (UPI)
• Credit/Debit Cards
• Net Banking
• Digital Wallets
• Other payment methods as may be introduced from time to time

We also provide payout services, settlement services, and related financial technology solutions.

4. Account Registration and Security

To use our Services, you must register for an account and provide accurate, complete information. You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Immediately notifying us of any unauthorized use of your account
• Ensuring that you exit from your account at the end of each session

We reserve the right to refuse service, suspend or terminate accounts, or remove content at our sole discretion.

5. Merchant Responsibilities

As a Merchant using our Services, you agree to:

• Provide accurate and complete information during onboarding
• Maintain all necessary licenses and permits for your business
• Comply with all applicable laws, rules, and regulations
• Not engage in any prohibited businesses or activities
• Clearly display refund and return policies to your customers
• Handle customer disputes and complaints promptly and professionally
• Pay all applicable fees and charges for our Services

6. Prohibited Activities

You may not use our Services for any illegal or unauthorized purpose including:

• Money laundering, terrorist financing, or other financial crimes
• Sale of illegal goods or services
• Fraudulent activities
• Transactions involving adult content, gambling, or cryptocurrencies
• Multi-level marketing schemes or pyramid schemes
• Any activity prohibited by Indian law

We reserve the right to investigate and terminate your account if we find you engaged in any prohibited activities.

7. Fees and Payment Terms

Our fee structure is available on our Pricing page and may be updated from time to time. You agree to pay:

• Transaction fees as specified in our pricing plan
• Any applicable taxes
• Chargeback fees as applicable
• Other fees for additional services

Fees are deducted from your settlement amounts. We reserve the right to modify our fee structure with 30 days' notice.

8. Settlement and Payouts

Settlement of funds to Merchants is subject to:

• Successful completion of KYC verification
• Completion of any holding periods as required by law or our risk policies
• Deduction of applicable fees and charges
• Resolution of any disputes or chargebacks

Standard settlement occurs on a T+1 basis. Instant settlement is available for a nominal fee.

9. Chargebacks and Disputes

In the event of a chargeback or dispute:

• You will be notified of the dispute through your dashboard
• You must respond within the specified timeframe (typically 7-10 days)
• You are responsible for providing evidence to support your case
• A chargeback fee may apply regardless of the outcome
• The disputed amount will be deducted from your account until resolution

10. Intellectual Property

All content included on our platform, including text, graphics, logos, images, and software, is the property of EverSafePay or its content suppliers and protected by copyright and other intellectual property laws. You may not:

• Copy, reproduce, distribute, or create derivative works without permission
• Use our trademarks without prior written consent
• Reverse engineer, decompile, or disassemble any part of our Services

11. Data Protection and Privacy

We collect, process, and store personal data in accordance with our Privacy Policy and applicable data protection laws including the Information Technology Act, 2000 and related rules. By using our Services, you consent to such processing.

We implement appropriate security measures to protect your data but cannot guarantee absolute security.

12. Limitation of Liability

To the fullest extent permitted by law, EverSafePay shall not be liable for:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, data, use, goodwill, or other intangible losses
• Damages resulting from unauthorized access to or alteration of your transmissions or data
• Any conduct or content of any third party on the Service

Our total liability to you for all claims under these Terms shall not exceed the fees paid by you to us in the six months preceding the claim.

13. Indemnification

You agree to indemnify and hold harmless EverSafePay, its officers, directors, employees, and agents from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including without limitation, reasonable legal and accounting fees arising out of or in any way connected with:

• Your access to or use of our Services
• Your violation of these Terms
• Your violation of any rights of a third party
• Your use of our Services for any illegal or unauthorized purpose

14. Termination

These Terms remain in effect while you use our Services. We may terminate or suspend your account at any time without notice for conduct that we believe violates these Terms or is harmful to other users, us, or third parties, or for any other reason.

Upon termination, your right to use the Services will immediately cease. If you wish to terminate your account, you may simply discontinue using the Services or contact us to deactivate your account.

15. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions.

Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts located in Mumbai, Maharashtra.

Before filing a claim, we encourage you to contact us to resolve the dispute informally. If a dispute is not resolved within 60 days, either party may initiate proceedings.

16. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of significant changes through our website or by email. Your continued use of our Services after such changes constitutes your acceptance of the new Terms.

17. Contact Information

If you have any questions about these Terms, please contact us at:

EverSafePay
Email: support@eversafepay.com
Phone: +91-XXXXXXXXXX
Address: xxxx Area, Maharastra, India