TERMS

Introduction

Welcome to NetCents. NetCents is an online payment processor that is designed to make it easier to transact online. Our users can transact online using cash, credit cards (Visa, Mastercard, AmEx) and digital currencies. NetCents will respect and protect your privacy and data. For businesses using our Merchant Platform, we expect and trust that you will run your business, service your customers, protect your customers’ data, report & pay taxes, and observe all laws, rules, and regulations. If you have any questions, do not hesitate to contact us.

About our Services Agreement

This Agreement is a contract between you and NetCents and it governs your use of all Services. Using the NetCents Services means that you must accept all of the terms and conditions contained in this Agreement and the agreements, as may be applicable to you from time to time, on the Legal Agreements page, including the Privacy Policy and the Acceptable Use Policy. This Agreement contains several sections and you should read all of these terms and conditions carefully. The General Section contains eleven (11) subsections and is followed by links to a User Services Agreement. As this agreement is for consumers (users) and merchants, not all sections may be applicable to all parties.

PLEASE READ THE GENERAL SECTION CAREFULLY INCLUDING SECTION 10 WHICH SPECIFICALLY HIGHLIGHTS THE RISK OF USING DIGITAL CURRENCIES & SECTION 11 WHICH EXPLAINS OUR INDEMNIFICATION POLICY.

General

NetCents Technology Inc ("NetCents") and all related subsidiaries maintain www.net-cents.com and www.netcents.biz and its related sites (collectively the "NetCents site") for your personal and business use. Access to the NetCents site is subject to the following rules (the "Rules") as well as all applicable laws. By accessing and using the NetCents site, you accept and agree to the Rules without limitation or qualification, and acknowledge that any other agreements you may have with NetCents are superseded by the Rules, to the extent any conflict exists. NetCents may at any time revise these Rules by updating this posting. You are bound by such revisions and should therefore visit this page to review the current Rules from time to time.

NetCents reserves the right, without notice and for any reason, to remove any content on this site, and to deny access of any user or, users, or entities to all or any part of this site.

  1. Use of the Site
    • Unless otherwise specifically indicated, you may download material displayed on the NetCents site for personal, non-commercial use only and you may not distribute, modify, transmit, use, or reuse any of the contents of the NetCents site for any public or commercial purpose without the written consent of NetCents or any third party NetCents deems necessary. You must retain all copyright and other proprietary notices on downloaded and/or copied material. Any copy of material from the NetCents site you make and distribute for any purpose must also include these Rules. You may not access or use the NetCents site in any way that could or is intended to damage or impair the NetCents site, or any server or network underlying the NetCents site, or interfere with anyone else's use and enjoyment of the NetCents site.
  2. Copyrights, And Other Rights
    • You should assume that everything on the NetCents site is copyrighted unless otherwise noted and that it must not be used except as provided in the Rules or with the express written consent of NetCents or any third party NetCents deems necessary. NETCENTS NEITHER WARRANTS OR REPRESENTS THAT YOUR USE OF THE MATERIAL DISPLAYED ON THE NETCENTS SITE WILL NOT INFRINGE RIGHTS OF THIRD PARTIES. Any product, service, program, or technology described on the NetCents site may be the subject of other intellectual property rights (including but not limited to copyright, trademark, or patent rights) owned by NetCents. Any such right that is not expressly licensed herein is reserved by NetCents.
    • Images of people or places displayed on the NetCents site are either the property of, or used with permission by, NetCents. Use of these images by you or other third parties is prohibited unless expressly permitted in the Rules or elsewhere on the NetCents site. Any unauthorized use of these images may violate copyright laws, trademark laws, the laws of privacy and publicity, and other applicable regulations and statutes.
    • Any product, service, program or technology described in any document published by NetCents on this site may be the subject of other intellectual property rights owned by NetCents. Any such right that is not expressly licensed hereunder is reserved by NetCents.
  3. Trademarks
    • The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the NetCents site are registered and unregistered Trademarks of NetCents and others. Nothing contained on the NetCents site should be construed as granting by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the NetCents site without the written permission of NetCents or such third party that may own the Trademark. Misuse of any Trademarks, or any other content, displayed on the NetCents site is prohibited. NetCents aggressively enforces its intellectual property rights, including via civil and criminal proceedings.
  4. Submissions
    • Apart from your personal information (which is addressed in the Privacy Policy), any communication or material you send to the NetCents site, electronically or otherwise, including but not limited to data, questions, comments, suggestions, or submissions is and will be treated as non-confidential and non-proprietary. Anything you send to the NetCents site may be used by NetCents for any purpose including but not limited to modification, reproduction, transmission, disclosure, publication, broadcast, and posting. By submitting material to NetCents.com, you irrevocably transfer and assign to NetCents, and forever waive and agree never to assert, any copyrights, "moral" rights, rights of publicity or to privacy, or other intellectual-property or proprietary rights that you may have in such material. NetCents is free to use, without obligation of any kind, any ideas, concepts, techniques, or know-how contained in any communication you send to the NetCents site for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products and services.
    • By using this site, you may submit, or NetCents may gather, certain limited information about you and your usage of the site. Subject to the terms of the Privacy Policy, NetCents is free to use such information for any purpose it deems appropriate.
  5. No Warranties and Limitation of Liability
    • TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, NETCENTS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THERE IS NO WARRANTY THAT ANY INFORMATION OR SERVICE PROVIDED OR REFERENCED BY THIS SITE IS EITHER ACCURATE, THAT SUCH INFORMATION OR SERVICE WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS, OR THAT SUCH INFORMATION OR SERVICE DOES NOT INFRINGE ON ANY THIRD PARTY RIGHTS. EXCEPT FOR ANY EXPRESS WARRANTIES STATED ON THIS SITE, IF ANY, THE INFORMATION AND SERVICES PROVIDED OR REFERENCED ON THIS SITE ARE PROVIDED "AS IS," "AS AVAILABLE," AND WITH ALL FAULTS, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH THE USER.
    • SO WHILE NETCENTS MAY USE REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION ON THE NETCENTS SITE, NETCENTS MAKES NO WARRANTIES OR REPRESENTATIONS AS TO ITS ACCURACY, TIMELINESS, OR COMPLETENESS. NETCENTS MAY PERIODICALLY ADD, CHANGE, OR IMPROVE ANY OF THE INFORMATION, PRODUCTS, SERVICES, PROGRAMS, AND TECHNOLOGY DESCRIBED ON THE NETCENTS SITE WITHOUT NOTICE. NETCENTS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE NETCENTS SITE.
    • IN FACT, YOUR USE OF THE NETCENTS SITE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT ALLOWED BY LAW, NEITHER NETCENTS NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE NETCENTS SITE IS LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, HOWEVER CAUSED, ARISING OUT OF YOUR ACCESS TO, USE OF, OR RELIANCE ON THE NETCENTS SITE, EVEN IF NETCENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FOR EXAMPLE, NETCENTS ASSUMES NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE FOR ANY DAMAGES TO OR ANY VIRUSES WHICH MAY AFFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR DOWNLOADING FROM, THE NETCENTS SITE. PLEASE NOTE THAT SOME JURISDICTIONS MAY RESTRICT OR DISALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS OF LIABILITY, SO SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
  6. Other Agreements
    • Your use of the NetCents site, or certain features or information provided through the NetCents site, may be subject to additional agreements apart from the Rules.
  7. Links
    • NetCents has not reviewed all of the sites which are linked to or from the NetCents site, and the fact of such links does not indicate any approval or endorsement of any material contained on any linked site. NetCents is not responsible for the contents of any site linked to or from the NetCents site; and your connection to any such linked site is at your own risk.
  8. Canada, U.S., International Information
    • Most of the information on the NetCents site applies internationally, but a significant amount of information applies only to certain countries or regions. Although NetCents tries to mark all country- and region-specific information with a country indication, it does not warrant or represent that all information without indication applies internationally. You should check the applicability of any information on this site to you or your organization.
  9. Use
    • By creating an account on the Site or by using any of the Services, you acknowledge that you have read, understand, and completely agree to these Terms of Service in effect from time to time. If you disagree with these Terms of Service or with any subsequent amendments, changes, or updates, you may not use any of the Services; your only recourse in the case of disagreement is to stop using all of the Services.
    • These Terms of Service may be amended, changed, or updated by NetCents at any time and without prior notice to you. You should check back often to confirm that your copy and understanding of these Terms of Service is current and correct. Your non-termination or continued use of any Services after the effective date of any amendments, changes, or updates constitutes your acceptance of these Terms of Service, as modified by such amendments, changes, or updates.
  10. Digital Currencies
    • The NetCents platform is designed to help users easily move toward the adoption and use of digital currencies. The buying, selling, trading and in general using digital currencies can be risky. This risk disclosure statement does not, and cannot, list all of the potential risks. As such, the risks include, but are not limited to the following:
      1. Market Risk: Like all currencies, digital currencies are susceptible to fluctuations in valuation. The market for Digital Tokens, or digital currencies is still new and uncertain. No user should have funds invested in Digital Tokens or speculate in Digital Tokens that they are not prepared to lose entirely. NetCents, nor any of its’ subsidiaries, guarantee the value of a digital currency. The user bears 100% of the responsibility and risk for any of the price fluctuation of any digital, crypto currency. NetCents is not liable, nor responsible for any losses a user may incur while, buying, selling, trading or using digital or crypto-currencies in any manner.
      2. Liquidity Risk: All markets for financial instruments have inherent varying degrees of liquidity. Markets for Digital Tokens and crypto currencies are no different. There is never a guarantee that there will be an active market for one to sell, buy, or trade these instruments or products derived from or ancillary to them.
      3. Legal Risk: The legal status of certain Digital Tokens and crypto currencies is not clearly defined in some jurisdictions. This may affect the legality of holding or trading them. As a result, how one or more Digital Tokens or crypto currencies constitute property, or assets, or rights of any are subject to definition and interpretation of the jurisdiction in question. Users and participants are responsible for knowing and understanding how Digital Tokens and crypto currencies will be addressed, regulated, and taxed under applicable law.
      4. Exchange Risk (Counterparty Risk): Holding Digital Tokens and/or crypto currencies on deposit either personally or with any third party in a custodial relationship has inherent risks. These risks include security breaches, risk of contractual breach, and risk of loss. Users and participants should be wary of allowing third parties to hold their property for any reason.
      5. Trading Risk: In addition to liquidity risks, values in any digital tokens and/or the crypto currencies marketplace is volatile and value fluctuations can shift quickly. Participants in any Digital Tokens market are warned that they should pay close attention to their position and holdings, and how they may be impacted by sudden and adverse shifts in trading and other market activities.
      6. Risks Associated with Financing Activities: Due to the above mentioned risks, when you finance a purchase or sale of Digital Tokens on a peer-to-peer basis, you run the risk of losing your provided financing. Also, when you accept financing to enter a trading agreement, you accept the risk of not being able to repay that financing. Users and participants should carefully read and be aware of all of the terms of any contracts they enter and how their trading strategies and other market and risk factors can affect their financing obligations.

    The user bears 100% of the responsibility and risk for any losses incurred, or the price fluctuation when using any digital or crypto currencies. NetCents, or any of its subsidiaries, nor any of its officers, directors, employees are not liable, nor responsible for any losses a user may incur while, buying, selling, trading, holding, investing or using digital or crypto-currencies in any manner.

  11. Indemnification
    • You shall hereby indemnify and protect, defend and hold harmless NetCents, its subsidiaries, and their officers, officials, agents, employees and counsel and their respective heirs, administrators, executors, successors and assigns (each of the foregoing, an “Indemnified Party”), from and against, any and all losses, liabilities, claims, damages, interest, judgments, costs, or expenses, including without limitation fees and disbursements of counsel, incurred by any of them arising out of or in connection with or by reason of this Agreement, the Entries, Transactions, the provision of the ACH Processing Services hereunder, or any breach of Rules or Regulations or your representations, warranties or covenants set forth herein (collectively, “Losses”), except only that you shall not be required to indemnify any Indemnified Party for any Losses to the extent such Loss is finally determined by a court of competent jurisdiction to have arisen solely out of the gross negligence or willful misconduct of such party. The indemnification obligations of the Merchant under this Agreement shall survive any termination of this Agreement.

Services Agreement

This Agreement is a contract between you and NetCents and governs your use of all Services. Using the Services means that you must accept all of the terms and conditions contained in this Agreement and the agreements, as may be applicable to you from time to time, on the Legal Agreements Section, including the Privacy Policy Section and the Acceptable Use Policy Section. We may amend and update this Agreement without your consent at any time by posting a revised version on our website. Any amendment or, amendments, to any one section or, sections does not invalidate any other section or sections of this agreement. The revised version will be effective at the time we post it. If the revised version includes a Substantial Change, or if it applies to consumers, we will provide you with at least 30 Days' prior written notice (and at least 60 Days’ prior written notice to our Merchants in the case of the introduction of a new fee or an increase of an existing fee which applies them) by posting notice on the Policy Updates page of our website. This Agreement contains several sections and you should read all of these terms and conditions carefully.

Depending on your country of residence, you may not be able to use all the functions of the Site. It is your responsibility to follow those rules and laws in your country of residence and/or country from which you access this Site and Services. As long as you agree to and comply with these Terms of Use, NetCents grants to you a personal, non-exclusive, non-transferable, non-sublicensable and limited right to enter and use the Site and the Service.

NetCents charges a transaction fee for transactions done online through the NetCents Platform. By either:

  • accessing the NetCents website
  • entering personal financial or business information
  • transacting online through the NetCents Platform,

you agree to all the terms and conditions of this agreement including any and all fees associated with these transactions.

  1. Required Information
    • NetCents does require personal and financial information in order to provide Payment Processing services to you. NetCents does have to validate your identity with a Third Party Service Provider(s). There are no credit checks that will negatively impact your credit score. Information that you may be required to submit is:
      • Full legal name
      • Email Address
      • Current address
      • Month and year of birth
      • Bank Account Details
      More information is available in the customer sign in section.
    • If you are operating a registered business, at a minimum you will have to submit the following:
      • Full business name
      • Business address
      • Business EIN or ABN
      • Business phone
    • More information about the Merchant sign up procedure is available in the Merchant sign up section of the netcents website (www.net-cents.com).
    • By accepting this Agreement you authorise NetCents to share, retrieve and verify information about you through properly vetted Third Party Service Providers to the extent required to validate your identity so as to provide Payment Processing services to you. You acknowledge that this may include history of past addresses and other data about you. NetCents may require that your information be updated from time to time.
  2. Privacy
    • Your privacy and the protection of your data are very important to us. You acknowledge that you have received, read in full and agree with the terms of our Privacy Policy at www.net-cents.com/privacy and incorporated into this Agreement by reference, which contains your consent to our collection, use, retention and disclosure of personal information as well as other matters set forth therein and which explains how and for what purposes we collect, use, retain, disclose and safeguard the information you provide to us. You also acknowledge that in order to comply with request by regulatory bodies NetCents may be required to submit personal and/or business information for their review. This may include, but not be limited to: date of birth, address, contact information, business name, tax ID , business license number as well as other financial information.
  3. Representation and Warranties
    • As an individual or business user, you represent and warrant to us that: (a) if you are a natural person, you are at least eighteen (18) years of age or, if you are under eighteen (18) years of age, you’ve obtained the consent of your parent or legal guardian to your execution of this Agreement and use of the NetCents Services Agreement in the manner prescribed by NetCents; (b) you are eligible to register and use the Service and have the right, power, and ability to enter into and perform under this Agreement; If you are a business then, (c) the name identified by you when you registered is your name or business name under which you sell goods and services; (d) any sales transaction submitted by you will represent a bona fide sale by you; (e) any sales transactions submitted by you will accurately describe the goods and/or services sold and delivered to a purchaser; (f) you will fulfill all of your obligations to each customer for which you submit a transaction and will resolve any consumer dispute or complaint directly with the purchaser; (g) you and all transactions initiated by you will comply with all state, federal, provincial, territorial, and local laws, rules, and regulations applicable to your business, including any applicable tax laws and regulations; (h) except in the ordinary course of business, no sales transaction submitted by you through the Service will represent a sale to any principal, partner, proprietor, or owner of your entity; (i) you will not use the Service, directly or indirectly, for any fraudulent undertaking or in any manner so as to interfere with the use of the Service.
  4. Prohibited Uses
    • You agree that you will not use NetCents’ Payment Processing services for, or otherwise accept payments in connection with the following businesses, business activities or business practices: (1) embassies, foreign consulates or other foreign governments, (2) door-to-door sales, (3) offering substantial rebates or special incentives to Users subsequent to the original purchase, (4) negative response marketing, (5) engaging in deceptive marketing practices, (6) sharing Users data with another merchant for payment of up sell or cross-sell product or service, (7) evading any chargeback monitoring programs, (8) engaging in any form of licensed or unlicensed aggregation or factoring, (9) airlines, (10) age restricted products or services, (11) bail bonds, (12) bankruptcy lawyers, (13) bidding fee auctions, (14) collection agencies, (15) chain letters, (16) check cashing, wire transfers or money orders, (17) counterfeit goods (e.g. knock-offs, imitations, bootlegs) (18) currency exchanges or dealers, (19) firms selling business opportunities, investment opportunities, mortgage consulting or reduction, credit counselling, repair or protection or real estate purchases with no money down, (20) credit card and identity theft protection, (21) cruise lines, (22) essay mills, (23) flea markets (firms/individuals operating from a booth, on a part time basis with no lease or telephone availability; whether indoors or outdoors), (24) drug paraphernalia, (25) extended warranties, (26) fortune tellers, (27) “get rich quick” schemes; (28) gambling (including but not limited to lotteries, Internet gaming, contests, sweepstakes, or offering of prizes as an inducement to purchase goods or services), (29) sports forecasting or odds making, (30) illegal products or services, (31) mail-order brides, (32) marijuana dispensaries and related businesses, (33) money transmitters or money service businesses, (34) multi-level marketing or pyramid schemes, (35) online, mail, or telephone order pharmacies or pharmacy referral services, (36) prepaid phone cards, phone services or cell phones, (38) pseudo pharmaceuticals, (39) quasi-cash or stored value, (37) securities brokers, (38) sexually-oriented or pornographic products or services, (39) shipping or forwarding brokers, (43) substances designed to mimic illegal drugs, (44) telemarketing, (40) timeshares, (47) online, mail, or telephone order tobacco or e-cigarette sales, (48) weapons and munitions (49) virtual currency or credits that can be monetised, re-sold or converted to physical or digital goods or services or otherwise exit the virtual world, or (50) products/services intended to inflict or promote revenge, harassment, and other forms of abuse, humiliation and intimidation.
  5. Suspicious Use and Right to Reject a Transaction
    • NetCents reserves the right in its sole discretion, to refuse to complete any Transaction that we have reason to believe is unauthorised, or in violation of any NetCents Agreement, exposes you, other NetCents users, our processors or NetCents to harm, including but not limited to fraud or other criminal acts. Netcents is authorized to share any and all information relating to such a matter with the appropriate legal and/or regulatory enforcement agencies.
  6. Termination of Account
    • NetCents reserves the right, in their sole discretion, to terminate an account for Fraud and/or Excessive Chargebacks. Such termination is effective immediately and you will be notified as such. Prior to receipt of such Notification of Termination you will be contacted by Netcents and be requested to cease the transactions in question. Once your account is terminated, you agree to discontinue use of the NetCents platform and services and any NetCents trademarks. NetCents will not be liable for any damages or responsible for any compensation in connection with the termination or suspension of the Payment Processing services under these circumstances. Your remaining obligations and any other terms necessary to enforce or address such obligations shall survive the termination of this Agreement for any reason.
  7. Chargebacks
    • Chargebacks are initiated by the end user or, consumer, and they arise when they contact their Financial Institution and request their money be returned to them. Specifically, it is the reversal of a prior outbound transfer of funds from a consumer's bank account, line of credit, or credit card. In the case of chargebacks, NetCents will charge a $25.00 USD fee to process. NetCents does not return monies to a user’s credit card. All such chargebacks are sent to the user’s bank account. It is the user’s responsibility to settle any and all charges with their respective credit card company and/or financial institution if applicable.
  8. Excessive Chargebacks
    • If there are excessive request for chargebacks, NetCents will notify the merchant. The merchant or seller agrees to work with NetCents to immediately address this issue. All costs associated with dealing with this matter are the responsibility of the seller or merchant. Failure on the behalf of the merchant to reconcile excessive chargebacks could result in suspension of services and termination of their account. Please refer to section (6), Termination of account for remaining obligation once account is terminated.
  9. Payment Reversals
    • NetCents cannot initiate a payment reversal once the payment is completed. For any such requests, it is the responsibility of the sender to contact the recipient, merchant or otherwise, to enquire about a refund or reversal. If, NetCents has to reverse a payment, there will be a $25.00 USD fee charged to process.
  10. Liability & Responsibility
    • This applies to users and merchants. User(s) may be defined as “buyers”, “Consumers”, “Purchasers”, “Senders.”Merchants may be defined as “Sellers”, “Companies”, or in general entities or individuals who take payment either in fiat or crypto currency in exchange for goods and/or services.
    • User’s and merchants are responsible for all Reversals, Chargebacks, Claims, fines, fees, penalties and other liability arising out of or relating to the breach of this Agreement, and/or your use of the Service. Merchants agree to reimburse your customer, Netcents, the Designated Bank and any third party specified by NetCents or the Designated Bank (each, a “Disclaiming Entity”) for any and all such liability.
    • “Chargeback” means a request that a buyer customer files directly with his or her card company or card issuing financial institution to invalidate a processed payment. “Claim” means a challenge to a payment that you or a buyer customer files. “Reversal” means requests initiated by the user to reverse the settlement of funds from a processed card transaction that you received because (a) the card transaction is invalidated by the card issuer, (b) the settlement funds were sent to you in error by NetCents; (c) the sender of the payment did not have authorization to send the payment, (d) you received the payment for activities that violated this Agreement or any other NetCents agreement, or (e) NetCents decided a Claim against you.
    • Without limiting the foregoing, you agree to defend, indemnify, and hold harmless NetCents, and each of our respective employees and agents (collectively “Disclaiming Entities”) from and against any claim, suit, demand, loss, liability, damage, action or proceeding arising out of or relating to (i) your breach of any provision of this Agreement, and/or (ii) your use of the Service, including without limitation any Reversals, Chargebacks, Claims, fines, fees, penalties and attorneys fees; (iii) your, or your employee’s or agent’s, negligence or willful misconduct; or (iv) third party indemnity obligations we incur as a direct or indirect result of your acts or omissions (including indemnification of any Card Network or Issuer). Please refer to section 11 of the General Terms and Conditions for complete Indemnification.
    • If you are liable for any amounts owed to NetCents, NetCents may immediately remove such amounts from your Reserve Account (if applicable) and deduct the amounts owed to NetCents from such Reserve Account funds. If you do not have sufficient funds in the Reserve Account to cover your liability, you will be required to immediately add funds additional funds to your Reserve Account to cover funds owed to NetCents. If you fail or refuse to comply with such a request, NetCents retains the right to engage in collections efforts and/or pursue legal remedies to recover such amounts from you at your cost and expense.
  11. Taxes
    • It is the user’s sole (personal and business) responsibility to determine what, if any, taxes apply to the transaction, sale of any and all goods and services and/or the payments you receive in connection with your use of the Service (“Taxes”). It is solely your responsibility to assess, collect, report, or remit the correct tax to the proper tax authority. NetCents is not obligated to, nor will we determine whether Taxes apply, or calculate, collect, report, or remit any Taxes to any tax authority arising from any transaction. You acknowledge that we may make certain reports to tax authorities regarding transactions that we process and merchants to which we provide processing services. We reserve the right to report to relevant revenue or taxing authorities regarding payment transactions processed by NetCents on your behalf, to the extent we are required to do so by applicable law.
  12. Dispute Resolution
    • All users/merchants of the NetCents platform agree that grievances between users and/or merchants and NetCents shall be submitted and resolved exclusively through final and binding arbitration rather than a court. The proceedings shall be conducted in English and shall be settled in accordance with the Canadian Arbitration Association (CAA). For disputes of amounts for less than $100,000 USD a single arbitrator to be mutually agreed by the parties to such dispute, provided, that, if the parties cannot come to an agreement in respect of the selection of the arbitrator within seven (7) days of delivery of the notice to arbitrate, such arbitrator shall, at the request of either party, be nominated by the CAA. For disputed equal to or greater than $100,000 USD then such dispute shall be decided by a panel of three (3) arbitrators, with NetCents and the other party to the dispute each selecting an arbitrator and the two arbitrators so selected appointing a third arbitrator.
    • The decision of the arbitrator(s) shall be final and non-appealable and binding upon the parties, and may be enforced in any court of competent jurisdiction, and no party shall seek redress against the other in any court or tribunal, except solely for the purpose of obtaining execution of the arbitral award or of obtaining a judgment consistent with the award. The arbitrator shall be guided by the terms and conditions of this Agreement which shall be binding upon them.
    • Each party shall bear its own costs and expenses associated with the arbitration and shall each pay an equal share of the arbitrators’ and administrative fees of arbitration; provided, that the arbitrator may provide for a different allocation of cost, expenses and attorney’s fees in the final award.