Welcome to QhostoPay! Terms & Conditions
These terms apply to all customers that receive services from QhostoPay. If you have been directed to this page from within our product, these terms also apply to your account regardless of the country in which your business or freelancing activity is registered. If you have any questions regarding which QhostoPay entity you receive services from, please reach out to customer service from the website.
– Why this information is important
This document sets out the terms and conditions for your QhostoPay account (the account) and its related services. It also sets out other important things that you need to know. These terms and conditions, along with our privacy policy and any other terms and conditions that apply to our services, form a legal agreement (the agreement) between. You, the account holder; and us, QhostoPay. We are an USA and Bangladesh based Information and Communications Technology company. Our company Quickhosto Inc., EIN Number 37-2104027 Delaware, United States and Quickhosto Inc. is a registered entity in Joint Stock Companies & Firms (RJSC) of Bangladesh – RN : C-148874 / TL No : 140457 / ETIN : 189702852874 / BIN : 00540896-2563 . The D-U-N-S Number for Quickhosto Inc. is 731724789 . It’s important for you to understand how your account works. You can ask for a copy of these terms and conditions through the QhostoPay dashboard at any time. It’s important for you to understand how your account works, so if you’d like more information you might find it helpful to read our FAQs. The FAQs are for information only. They don’t form part of our agreement with you.
– What type of account is my QhostoPay account?
Your QhostoPay account is a software platform which help you to create invoices and sell your digital products and services to private and business clients and get paid fast , easily and conveniently and that your earn from your clients by providing / selling digital products and services through QhostoPay as a freelancer or remote worker . It shows your earnings in USD balance only for you which you will be able to withdraw at any time in your bank accounts and different wallets in your local currency or in USD almost instantly.
– Using money in your QhostoPay account
Once you have received the payment in your account you’ll be able to use our services. For example, you can do the following:- Sell your digital products and services globally- Withdraw money to and receive money from your clients- Make payments and withdraw cash using your QhostoPay Card- View information about and manage your account and- Use QhostoPay’s API in your freelancing websites to sell services and get paid easily and fast.
We add new features and services all the time. We’ll let you know about these through the QhostoPay Dashboard. You can access the QhostoPay Dashboard through the account portal on our website.
– Can I open a QhostoPay account?
You must be over 18 and a freelancer or a remote worker to open a QhostoPay account. When you ask to open your account, the following applies:- You promise that you have full authority to enter into the agreement and meet the obligations under it and- You are a freelancer, or remote worker, selling digital products or services.- We, or someone acting for us, will ask for certain information about you, where the amount you are opening the account with comes from, and your authorized persons (as explained below), We’ll also ask you to confirm that any authorized person has your authority to act on your behalf and that they have agreed to keep to these terms and conditions.
We will only give you access to your QhostoPay account and the QhostoPay Dashboard once we have all the information we need. You can’t open more than one QhostoPay account, or open a new QhostoPay account if you’ve previously closed a QhostoPay account that you held. You also cannot open an account with us if you are a charity, political organization, or religious organization.
You cannot open or hold a QhostoPay account if you carry out any sort of business or activity that relates to the following:- Dating and escort services- Pornography- Weapons- Trading in precious metals, stones, or art- Running an auction house- Chemicals and related products- Video-game arcades- Selling second-hand cars- Binary options or gambling- Debt collection or- Trading in prime-bank guarantees, debentures, letters of credit, or medium-term notes.
We can refuse to let you open or hold a QhostoPay account if you carry out any other business, freelancing, or activity that we are not comfortable with. Or we may apply restrictions, which we’ll tell you about before we allow you to open the account
– How do I get information on payments into and out of my account?
You can check all payments into and out of your QhostoPay through the QhostoPay dashboard. We will not make any changes to the information and it will be available to you through the dashboard until you close your account. If you need the information after then, you will need to download it while your account is still active. You can download information from the dashboard at any time. We will send a notification to your mobile or tablet, or by email, each time a payment goes into or out of your account. You can turn off these notifications. If you do this you should regularly check the QhostoPay dashboard for information on payments. It’s important that you know what payments are going into and out of your account, so we recommend that you do not turn off notifications.
We’ll usually communicate with you through the QhostoPay Dashboard. This is how we will provide account information and tell you about any fraud, or suspected fraud, relating to your account. It is also how we will tell you if there is a security threat to your account. Make sure you regularly check the QhostoPay Dashboard for this information. To help keep your account safe, download the latest software and version of the QhostoPay Dashboard as soon as it is available. We may also communicate with you by text message or email, so you should regularly check your text messages and email account. We’ll usually communicate with you in English.
Keep us in the loop. Please keep your details up to date and let us know immediately if any information you’ve given us changes. If we discover that any of your information is incorrect we will update it. To meet our legal and regulatory requirements we, or someone acting for us, might sometimes need to ask for more information. Please provide this information quickly so that there is no disruption to your account or our services.
– QhostoPay Dashboard
You manage your account, portfolio and QhostoPay Cards through the QhostoPay Dashboard, to which only you and the appropriately authorized persons will have access.
– Delegating access to your account and the QhostoPay Dashboard
The agreement is binding on you, but you can authorize other people (delegates) to carry out certain activities on your behalf. There are three different categories of delegates, all referred to in this document as authorized persons.
RESPONSIBILITY FOR AUTHORIZED PERSONS
We will treat all instructions and actions by authorized persons acting within the limits of their authority as if you had given that instruction or carried out that action yourself. It is your responsibility to withdraw your authority from, or impose limits on, any authorized person (for example, if they are no longer employed by you). Any authorized person must be 18 or over. You are also responsible for all their activities. For example, if they lose their QhostoPay Card or their security details, it is your responsibility to tell us in line with these terms and conditions, although you may ask them to tell us instead.
Your QhostoPay Card
Where these terms and conditions refer to your QhostoPay Card this includes all QhostoPay Cards we issue to you and authorized persons.
– Open API
QhostoPay’s API to increase your sales by providing services like automated invoicing, and generation payment links within the invoice that allows you to carry out certain activities such as setting up automatic payments out of your account and displaying your account balance. If you ask us to, and your plan allows it, we will give you an API Key that will allow you to use the Open API.
– What happens after my account is closed?
We’ll hold back enough money to cover any payments that you approved before your account was closed. You’ll also still owe us any money that you owed us while your account was open.
– How do I get access to my money after my account has closed?
For six years after your account has closed or your QhostoPay Card has expired, you’ll be able to contact customer services (at help@qhostopay.com) and ask them to send you the money we still hold for you. Once your account is closed you can only withdraw your money in the currency of the country you live in.
– How is my money protected?
We don’t lend your money to others. When we receive payment for your account from your clients or buyers, or you add money to it through a card, we place the equivalent value of e-money in your account to show you and allow you to withdraw at any time, at any amount. We quickly either place the money into our ring-fenced accounts that we hold with large global banks (ring-fenced accounts are separate from our own money) or- invest the payment in low-risk assets held in a separate account with financial institutions.
Safeguarding helps protect you if we were to become insolvent. Safeguarding regulations make sure that once we have paid any costs related to an administrator or liquidator, we must repay you from our ring-fenced accounts before we repay any others we owe money to. Unfortunately, the law doesn’t allow us to pay you interest, and the money in your account isn’t covered by the Financial Services Compensation Scheme.
– Keeping your security details and QhostoPay Card safe
We do everything we can to keep your money safe. We ask you and all authorized persons to do the same by keeping your (and their) security details and QhostoPay Card safe. Security details include usernames, API Keys (explained below), and any passwords that allow access to the QhostoPay Dashboard. You shouldn’t keep your security details near your QhostoPay Card, and you should disguise or protect them if you write them down or store them. Don’t share your security details with anyone other than an open-banking third-party provider who is acting in line with regulatory requirements.
Please don’t share your API Key with anyone. Sometimes it’s easy to forget to take the steps you and your authorized persons should take to keep your money safe. Here are some tips- make sure you close down the QhostoPay Dashboard when you’re not using it- don’t give access to your API Key to anyone who shouldn’t have access to it- don’t give access to your API Key to anyone who shouldn’t have access to it- change your password or QhostoPay Card PIN regularly- Contact us through the QhostoPay dashboard if you lost your QhostoPay card or stolen it. Or if the card or the security details could be used without your permission
If you can, you should also freeze your QhostoPay Card using the QhostoPay Dashboard or by calling the automated number below. If you later realize there’s not a risk to your QhostoPay Card’s security, you can just unfreeze it
How you can contact us 8 The Green, Ste R, Dover, Delaware, 19901 USA. +1(302)-403-2984
Tell us about a lost or stolen QhostoPay Card or security details. Send us a message through the QhostoPay Dashboard on someone else’s device. Send us a message on social media Email us at feedback@qhostopay.com Call us +1(302)-403-2984
– Are there any restrictions on using the QhostoPay Dashboard or QhostoPay Card?
Please act reasonably and responsibly when using the QhostoPay Dashboard or QhostoPay Card. The QhostoPay dashboard or QhostoPay card must not be used (directly or indirectly) as follows:- for illegal purposes (for example, committing fraud- don’t give access to your API Key to anyone who shouldn’t have access to it- in a way that we reasonably believe might harm our ability to provide our services- only to send money to and receive money from a credit card- for any transactions to receive cash (for example, getting cash back), other than making a withdrawal from a cash machine- to control or use a QhostoPay account that’s not yours- to give a QhostoPay Card to any person who is not an authorized person- to allow anyone who isn’t an authorized person to have access to or use your account or the QhostoPay Dashboard- to abuse, exploit or get around any usage restrictions set by a service provider your QhostoPay Card is registered with. For example, you must only use one QhostoPay Card for any particular service provider that offers a free subscription or trial period- to trade in foreign currencies for speculative purposes (that is, to take advantage of any expected rise or fall in the value of a currency) or to take advantage of discrepancies in the foreign exchange market; or- to use our services to hold or carry out transactions with clients’ money.Please also act in a respectful way towards us and our support staff – we’re here to help you.
Payment limits
Sometimes we might limit how much you can receive into or withdraw from your account based on your subscription, or how much you can withdraw or spend using your QhostoPay Card. We might also limit the value of currency exchange you can carry out at any one time or over a period of time. We might be able to increase the limit if you ask us to. These limits can change from time to time. Information about these limits is set out in our FAQs
– Transferring money between QhostoPay accounts
You can send money to other QhostoPay accounts. You may also be able to receive money from other people’s QhostoPay accounts. We call these sorts of payments Instant Transfers. You can make an instant transfer to another QhostoPay user’s account by choosing them from the contacts list in the QhostoPay Dashboard and following the prompts. The other person will receive the transfer immediately.
– Making other types of payments
It’s easy to send/ withdraw money to your bank account from your earnings that has been credited to your account.. You can make a one-off payment or set up a recurring payment (like a standing order). Just enter the sort code and account number (or, for international payments, the BIC and IBAN) of the account you’re sending/withdrawing the money to in the QhostoPay Dashboard and follow the prompts.
Using your QhostoPay Card
When you use your QhostoPay Card to make a withdrawal from a cash machine or make a payment (for example, in a shop or restaurant), we will consider the payment to be authorized by you unless:- You let us know that money has been stolen from your account.- You don’t think we’ve carried out your instructions correctly.
Sometimes we might charge you a fee for making withdrawals. You will be able to see the fees while withdrawing. We are not responsible for losses where payments are returned in a different currency. Sometimes, the money you’ve asked us to transfer to someone is not paid into their account and is returned to us. If we had to carry out a currency exchange when we sent the payment and can show that we did everything right, when we return the money to you we’ll convert it back to the original currency. This means that the amount you receive back into your account might be less than the payment you made (or it could be more!). We would not be responsible for any losses that this causes you
If the account you want to make the payment to is not a personal account (for example, if it is a business or charity account), we might not carry out your instruction. Take care entering the details of the person you want to pay, send money or withdraw into your own account in different bank accounts or in wallets.
When you enter the details of the person you want to pay and send or withdraw money make sure the details are correct. If they’re not, your payment might be delayed or you might lose your money if you enter the wrong details. Make sure you know the person you are making a payment to. If someone approaches you and asks you to make a payment to them, but you are not sure who they are or what the payment is for, you may be a victim of a scam and we may not be able to recover your money for you. If the person you want to pay does not receive the money, we won’t be responsible if we processed the payment correctly but you gave us the wrong details. If you ask us to, we’ll be happy to try to get your money back, but this might be easier in some countries than in others and we cannot guarantee that we will be able to.
If you reach out to our customer support team through the QhostoPay Dashboard, we can provide you with information to help you file a claim to recover the money, including the details of the person who did receive the money if we have them.
– What happens if a payment was sent to the wrong account, wasn’t sent at all, or was delayed?
We’ll always try to process your payments correctly and on time, but sometimes things go wrong and payment might be delayed or not received by the person you wanted to pay or send. If something has gone wrong and- the person paying you- the bank account you wanted to make the payment into or- the retailer you were paying- is in the EEA, let us know through the QhostoPay Dashboard. You need to let us know as soon as possible, and no later than 6 months after the amount was taken from your account.
If money is not received in the account you sent it to, we’ll refund the payment back into your account. If you’ve had to pay any charges or interest as a result of our mistake, we’ll refund those too. If we received a payment on your behalf, but the money was not paid into your account on time, we’ll immediately credit your account with the amount of the payment. These rules don’t apply to currency exchanges.
Instead, you must contact us within three months of the mistake. We won’t be responsible for the following:any losses other than those that are due to us acting fraudulently or negligently, or deliberately failing to do something or any losses other than those that are directly caused by our failure, whether or not those losses could reasonably have been expected.
If we received a payment on your behalf and the money has not been paid into your account, or it was not paid into your account on time, we’ll credit your account with the amount of the payment within 10 business days.
– What exchange rate do you use?
If you tell us to make a currency exchange, or we need to convert the currency of a payment into or out of your account or a cash withdrawal made using your QhostoPay Card, we’ll use an exchange rate based on our market rate, which is based on foreign-exchange markets. You can see the current rate in the QhostoPay Dashboard. Once we’ve converted the currency, your transaction history in the dashboard will show the exchange rate we used. We use the rate that applies at the time we carry out the conversion.
We won’t be responsible for the following:
– if you lose any money as a result of converting currency or- if you’re charged any fees or lose any money because you’re using your QhostoPay Card in another country and you ask the retailer (or the retailer’s bank) to make the conversion. (For example, imagine you’re a Bangladesh customer traveling in Japan. When you pay your bill at a restaurant you agree to pay in USD rather than yen. This means you’ve asked for the retailer’s bank to convert the currency. We can’t be responsible if that bank gives you a worse exchange rate or charges you fees)
If you tell us to make a currency exchange, or we need to convert the currency of a payment into or out of your account or a cash withdrawal made using your QhostoPay Card, we’ll use an exchange rate based on our market rate, which is based on foreign-exchange markets. We add a percentage (a markup).- for currencies that aren’t always easily available- if you tell us to make a conversion outside foreign-exchange-market hours. A conversion will be outside foreign-exchange-market hours if it’s between midnight on a Friday and midnight on a Sunday (ETS)
– Can I cancel a payment or currency exchange?
You can cancel a payment/withdrawal at any time up to the end of the business day before the payment is due to be paid from your account. You can’t cancel payment on the same day it’s due to be paid from your account. This means that you cannot cancel transfers between QhostoPay accounts. You also can’t cancel a currency exchange once we’ve received your request to carry it out. It’s easy to cancel a payment instruction. You can cancel an instruction to make a payment through the QhostoPay Dashboard.
– How long does it take to make a payment?
We understand that when you make a payment, one of the most important things is that the person the payment is for receives it on time. When their bank will receive the money depends on what time you tell us to make the payment, and the currency you want us to make it in. The information below explains when we’ll make payments. Instant transfer to a QhostoPay account:
Payment to someone else’s bank account or your own bank account:
– If you provide your payment instruction before 1 pm on a business day, we’ll receive it immediately.- If you provide your payment instruction after 1 pm on a day that is not a business day, we’ll receive it the next business day.
Payment to a bank account at a future date (such as a recurring payment or a standing order:- You can provide your payment instruction at any time and we’ll receive it the same business day (if the payment is due to come out of your account on a business day) or the next business day (if the payment is due to come out of your account on a non-business day).- once we’ve taken the payment from your account, it will reach the account of the person you are paying as soon as we can get the payment there. How long it takes would depend on where the bank of the person you want to pay is. Please contact us through the QhostoPay app and we’ll do what we can to help you.If you tell us to make a currency exchange you will receive the converted e-money immediately.
When we will refuse or delay a payment
We must refuse to make a payment, or delay a payment, in the following circumstances:- if legal or regulatory requirements prevent us from making the payment or mean that we need to carry out further checks- if you have broken these terms and conditions in a way that we reasonably believe justifies us refusing or delaying your payment- if we believe that processing your instruction would break these terms and conditions or that your instruction doesn’t contain all the information we need to make the payment properly.- if the amount is over, or would take you over, any limit that applies to your account. We’ve set out the limits- if there is not enough money available in your account to make the payment and cover any charge.- if you’ve been declared bankrupt or insolvent, are being wound up, or a similar event is taking place.- if, even after doing everything reasonably possible, we won’t be able to make the payment on time.- if a third party prevents us from making the payment (for example, if Mastercard or Visa do not allow payment or cash withdrawal using your QhostoPay Card)- if you owe us money or we intend to exercise our right of set-off- if we have asked you for important information we reasonably need and you have not given us that information or- if we have suspended your account.
When we refuse to make a payment, we’ll always try to let you know
If we can, we’ll use the QhostoPay Dashboard to tell you that we have refused to make a payment. If you’d like to find out why we refused the payment, and what you can do to solve any problem, please phone us on +1(302)-403-2984. We won’t be responsible for any losses you suffer as a result of us refusing or delaying payment or withdrawal.
– Fees for making or receiving payments
We only charge fees for making or receiving payments where you’ve exceeded your free allowance for that type of payment or if your allowance does not include any free payments of that type. You can see what your free allowance is, and any fees you’ll pay on top, on our Fees Pages. Where this is the case and you ask us to make a payment, we’ll deduct the relevant fee from your account balance separate to the amount you’ve asked us to send (when you are making a payment) or deduct it from what you’re due to receive (when you are receiving a payment).
However, even if you haven’t exceeded your free allowance, other banks involved, such as the bank of the person you are paying (or banks that help transfer the money between other banks) might sometimes take their fees from the payment you’re sending or receiving. This could mean that you or the person you are paying receives less than expected. For example, you could only receive $98 from someone who has sent you $100 because the other person’s bank has charged a $2 fee.
When you receive a payment, other banks involved charging a fee are out of our control. However, when you send an eligible international payment with us, you can avoid it from happening by using our Guaranteed SWIFT (OUR) Transfer feature. This feature allows you to choose to pay the full fee yourself and ensure that the recipient receives the full amount.
a fee is charged by us, you will be shown the fee in the app before you decide to make the payment. What happens if something goes wrong?
– What happens if someone steals from my account?
Let us know as soon as possible through the QhostoPay Dashboard (and no later than within 6 months from the date the money was taken from your account). We’ll pay the money back into your account if all of the following apply:- you couldn’t have known that your security details or QhostoPay Card were at risk of being misused.- the payment happened because someone we’re responsible for making a mistake.- the payment was taken after you told us that someone knew your security details or your QhostoPay Card was lost or stolen, or we didn’t give you a way to tell us about this and- the law required us to make you follow certain prompts when you instructed us to make the payment and we didn’t do this.
We’ll also pay back any charges you had to pay as a result of the payment being taken from your account. We won’t refund any money if you’ve acted fraudulently, or you intentionally or carelessly failed to keep your security details or QhostoPay Card safe (unless you told us about this before the payment was taken from your account). For example, we wouldn’t make a refund if you gave someone your QhostoPay Card PIN and they made a payment using your card without you knowing about it.
– When we might block access to your account, the API Key, or your QhostoPay Card
The safety of your money is important to us. We might prevent you from making payments from your account with the API Key or your QhostoPay Card if we’re reasonably concerned about its security or if it might be used fraudulently or without your permission.
We might also have to block your account or your QhostoPay Card to meet our legal obligations. We’ll tell you through the QhostoPay Dashboard before, or as soon as possible after, we block your account, API Key or QhostoPay Card. We’ll also let you know why we’ve done it (unless it would reduce your or our security or it would be unlawful). We may also refuse to issue a new QhostoPay Card if you do not have enough money in your account to pay us to issue or deliver the card.
– How you might owe us money
You cannot borrow money from your account (for example, withdraw more than the value of the money in your total earnings ) If you owe us money, we can take the amount you owe us from any amount we are due to pay to you. We call this our right of set-off. If you owe us money and you don’t add money to your account or repay us within seven days, we can recover the amount by- taking the amount you owe us from your stored card- exercising our right of set-off; or- taking other legal steps to recover the money you owe us, such as instructing lawyers or debt collectors.If we take any (or all) of these steps, we might charge you our reasonable costs. You do not have any right to set off under this agreement.
– How to make a complaint
If you’re unhappy with our service, we’ll try to put things right. We always do our best, but we realize that things sometimes go wrong. If you have a complaint, please contact us. If you’d just like to speak to someone about an issue that’s concerning you, please contact us through the QhostoPay Dashboard. We can usually settle matters quickly through the web. You’ll probably need to give us the information below.
you can email us at formalcomplaints@qhostopay.com. You’ll need to tell us:- your name;- the phone number and email address associated with your account;- when the problem arose; and,- how you’d like us to put the matter right. We’ll look into your complaint and respond to you by email. We will communicate with you in English unless we tell you otherwise.
– How long the agreement between you and us will last
Once the agreement has started it won’t end until you or we end it.
Cancellation
If we offer you a free trial period and you decide that the account isn’t right for you, you can cancel the agreement for free at any time within the trial period. Please contact us through the QhostoPay Dashboard if you would like to do this. Automatic renewal and ending the agreement after a trial period. Unless you cancel the agreement during the trial period, you can close your account, and so end the agreement, at any time by letting us know. You should do this through the QhostoPay Dashboard.
You will still have to pay any charges you’ve run up to that point. When you tell us you want to close your account we will give you the opportunity to withdraw the money we hold for you (we call this redemption). If you want us to send you money in a different currency than the currency we’re holding for you, we will convert the currency using the rate that applies at the time, and take our usual fee, before sending the money to you.
Canceling your QhostoPay Card
If you change your mind and don’t want a QhostoPay Card anymore, that’s not a problem. Just let us know and we’ll cancel it.
– When could you suspend or close my account?
We may close or suspend your account immediately, and end your access to our website, in exceptional circumstances. Exceptional circumstances include, for example, the following:- if we have good reason to suspect that you are behaving fraudulently or otherwise criminally- if you haven’t given us (or someone acting on our behalf) any information we need, or we have good reason to believe that information you have provided is incorrect or not true- if you’ve broken these terms and conditions in a serious or persistent way (for example, if we discover that you’re carrying out a business activity that you are not allowed to carry out while you have a QhostoPay account)- we’ve asked you to repay the money you owe us and you haven’t done so within a reasonable time- we have good reason to believe that your use of the QhostoPay Dashboard and QhostoPay account could damage our reputation or goodwill;- we have good reason to believe that you’ve disposed of significant business assets;- we have good reason to believe that your use of the QhostoPay Dashboard is harmful to us or our software, systems or hardware;- you are a sole trader and you die or you are a partner in a business and the partnership ends;- there’s been an important change in the type of business activities you carry out;- you’ve been declared bankrupt or insolvent, are being wound up, or a similar event is taking place; or- we have to do so under any law, regulation, court order or instructions from financial authorities.
If we close your account in exceptional circumstances, you will only be able to exchange funds into your base currency and send money via external bank transfer before the account is closed. You will not be able to credit the account, make card payments, withdraw money at an ATM, or send money to other QhostoPay accounts. Any inbound payments will be rejected and returned to the sender. Closing your QhostoPay account and ending your agreement with us may also end any other agreements you have with us or through us with third parties.
If your account has been temporarily restricted, we may not be able to close your account until we have completed our inquiries. Please speak to us through the QhostoPay Dashboard or contact us for more information.
– We can change these terms
Telling you about changes. If we add a new product or service that doesn’t change the terms and conditions of your account, we may add the product or service immediately and let you know before you use the product or service. Otherwise, we’ll give you one month’s notice through the QhostoPay Dashboard before we make any changes. We’ll assume you’re happy with the change unless you tell us that you want to close your account before the change is made.
– Are you responsible if something goes wrong with my account, my QhostoPay Card, or the QhostoPay Dashboard?
We’ll do as much as reasonably possible to make sure that our services are not interrupted and are accessible at a reasonable speed. However, we can’t guarantee (except as required by law) that this will always be the case or that the services will be free from faults. This is partly because we also rely on some third parties to provide services to you. If you have a QhostoPay Card, we will let you know about any changes to our system that will affect your ability to use the card.
If you can’t use your QhostoPay Card for any reason we will only be responsible to you for replacing that card. We won’t be responsible to you for any of the following, whether direct or indirect, that arises in connection with these terms and conditions:- loss of income or profit;- loss of goodwill or damage to your reputation;- loss of business contracts or opportunities;- loss of anticipated savings; or- consequential loss.
Except when the law states otherwise, we also won’t be liable for any loss you suffer as a direct or indirect result of the following:- the actions of any authorized person acting in line with these terms and conditions and within any restrictions you have set- you giving us incorrect or incomplete information- any delays in or disruptions to our services- any faults, mistakes or inaccuracies of any kind in our services;- information or services provided by third parties; or- anything a third party does or fails to do.
Nothing in these terms and conditions removes or limits:- our liability for death or personal injury resulting from our negligence, or from fraud or fraudulent claims or statements; or- any other liability which, by law, cannot be removed or limited.
Losses arising as a result of legal or regulatory requirements, or unusual or unexpected events. We will not be responsible for any losses you suffer or costs you have to pay because of a legal or regulatory requirement, or because there were unusual or unexpected events outside our control unless those losses or costs resulted from us failing to meet our obligations to make payments into or out of your account.
However, we will not be responsible for losses or costs relating to us failing to make payments into or out of your account if this was because of events beyond our control that we could not have avoided, even if we had taken all reasonable steps to prevent them.
– When you might be responsible for our losses
You may be responsible to us for certain losses. If you have broken these terms and conditions, and this has caused us to suffer a loss, the following will apply:- you will be responsible for any losses we suffer as a result of your action (we will try to keep the losses to a minimum);- if your actions result in us losing profits, you may also be responsible for those losses. You won’t be responsible if this would mean that we are compensated twice for the same loss, and- you will also be responsible for any reasonable legal costs that arise as a result of our losses.
– Permission for us to process your personal information
To provide services under the agreement we will need to collect information about you (and any authorized person). Under data protection law, we are what is known as the ‘data controller of your personal information. For more information about how we use your personal information, see our Privacy Policy. By entering into the agreement you are giving us permission (and the permission of any authorized person) to gather, store and process personal information for the purpose of providing our services to you. This doesn’t affect any rights and obligations you or we have under data protection law.
Our Privacy Policy sets out the lawful reasons for using your personal information. You can withdraw your permission by closing your account, which will end the agreement between you and us. If you do this, we’ll stop using your information for the purpose of providing our services, but we may need to keep your information for other legal reasons.
– Our intellectual property
We own all the intellectual property in our products (for example, the content in the QhostoPay Dashboard and on our website, and our logo and card designs). You must not use our intellectual property as your own, except to enjoy our products and services. You also must not reverse-engineer any of our products (that is, reproduce them after a detailed examination of their construction or composition).
– Some legal bits and pieces Our contract with you.
Only you and we have any rights under the agreement. You may not transfer or assign any of your rights or obligations under these terms and conditions.
Estonian law applies
The laws of Estonia and Tallinn apply to the agreement. The English version of the agreement applies. If these terms and conditions are translated into another language, the translation is for reference only and the English version will apply.
Our right to enforce the agreement
If you have broken the agreement between you and us and we don’t enforce our rights, or we delay in enforcing them, this will not prevent us from enforcing those or any other rights at a later date. Taking legal action against us. Any legal action between you and us will be decided in the courts of the USA and Bangladesh.