This Public Offer (the Offer) is made by AvantPay (“we”, “us” or “our”). It sets out the terms on which AvantPay provides its services to people who pay on an AvantPay payment page (Payers) and to the businesses that accept those payments (Merchants).
Sections whose titles begin with “Payers” apply to Payers, sections whose titles begin with “Merchants” apply to Merchants, and all other sections apply to everyone.
In short, for Payers: AvantPay processes your payment on behalf of the Merchant you are buying from. The goods or services are supplied by the Merchant, not by AvantPay, and nothing in this Offer takes away your rights as a consumer.
1.General provisions
This Offer contains AvantPay's standard terms and is published on https://avantpay.io. A binding agreement is formed between you and AvantPay at the moment described in the section “Acceptance of the Offer”.
AvantPay is a payment technology platform providing payment acceptance, routing and settlement services together with licensed partner banks, acquirers, payment providers and cryptocurrency service providers (each a Partner). Any part of a payment that only a licensed institution may carry out, such as authorising a card payment or moving funds through a payment system, is carried out by the relevant Partner under its own licence and terms.
The contract for the goods or services a Payer buys is made solely between the Payer and the Merchant, under the Merchant's own terms of sale. AvantPay is not the seller and is not a party to that contract.
Payers should contact the Merchant about their purchase, delivery or refunds, and [email protected] with technical questions about a payment. Our use of personal data is described in the Privacy Policy at https://avantpay.io/privacy-policy.
2.Acceptance of the Offer
Payers. You accept this Offer, and an agreement with AvantPay is formed, when you initiate a payment on a Payment Page, for example by pressing the pay button, scanning a QR code or sending cryptocurrency using the details shown. A separate agreement is formed for each Payment and lasts until the Payment and any related refund, Chargeback or complaint are dealt with. If you do not agree, please do not pay through the Payment Page.
Merchants. A business agrees to these terms, and applies for an Agreement on them, when it first does any of the following:
- submits an application or onboarding documents to AvantPay;
- confirms acceptance in writing, including by email or Telegram, or by signing an Individual Agreement; or
- starts using the Services.
Applying does not oblige AvantPay to provide the Services. The Agreement with a Merchant takes effect only when AvantPay notifies the business that its application has been approved and opens its Dashboard account or, if earlier, when the business starts using the Services with AvantPay's consent. Until then, AvantPay may refuse the application and no Agreement is formed.
The Merchant terms are for businesses, not Consumers. Whoever agrees to these terms on behalf of a business confirms that they are authorised to bind it.
3.Definitions
In this Offer:
- Agreement means the agreement between AvantPay and a Payer or a Merchant formed under the section “Acceptance of the Offer”, including any Individual Agreement and Tariff.
- API means AvantPay's application programming interface (see https://avantpay.io/docs), and API Keys means the credentials for accessing it.
- Business Day means a day other than a Saturday, Sunday or public holiday in England.
- Chargeback means a reversal or dispute of a Payment by a Payer, an issuing bank, a card scheme or another payment system participant.
- Consumer means an individual acting for purposes wholly or mainly outside their trade, business, craft or profession.
- Dashboard means the Merchant's account at https://avantpay.io/lk.
- Fees means the fees payable by a Merchant as set out in its Tariff.
- Individual Agreement means a separate written agreement signed between AvantPay and a Merchant.
- Merchant means a business whose Agreement has taken effect under the section “Acceptance of the Offer”.
- Partner means a bank, acquirer, payment provider, payment system operator or cryptocurrency service provider with which AvantPay works to provide the Services.
- Payer means a person who makes, or tries to make, a payment to a Merchant on a Payment Page.
- Payment means a payment by a Payer to a Merchant processed through the Services.
- Payment Page means a payment page or form provided by AvantPay, including one opened from a payment link, QR code, website, app or Telegram bot, such as https://avantpay.io/link/<id>.
- Reserve means amounts withheld from a Merchant's Settlements by AvantPay or a Partner as security for the Merchant's obligations.
- Rules means the rules of card schemes, payment systems, blockchain networks and Partners that apply to Payments.
- Services means AvantPay's payment acceptance, routing and settlement services, including the Payment Page, the API, payment links, QR codes, Telegram bot payments, the Dashboard and support.
- Settlement or Payout means payment to a Merchant, by AvantPay or its Partners, of the funds due to it from Payments after permitted deductions.
- Tariff means the fees, settlement schedule and other commercial terms agreed with a Merchant in its Individual Agreement, in the Dashboard or otherwise in writing.
- you means the Payer or the Merchant to which a provision applies and, in the section “Acceptance of the Offer”, a business applying for the Services.
4.Payers: AvantPay's role in your payment
When you pay on a Payment Page, AvantPay carries out the technical processing of the payment on behalf of the Merchant, together with the Partners that authorise and process it, and reports the result to you and the Merchant.
The Merchant alone is responsible for the goods or services you buy, including their description, price, quality, legality and delivery. AvantPay does not guarantee the Merchant or its goods or services and is not responsible for them.
If you are a Consumer, you keep all the rights that consumer law gives you against the Merchant, and this Offer does not limit them. The name on your card or bank statement may be that of the Merchant, a Partner or AvantPay.
5.Payers: payment methods, confirmation and charges
Depending on the Merchant, your country and the available Partners, a Payment Page may offer bank cards (Mir, Visa, Mastercard and others), SBP (Russia's Faster Payments System), cryptocurrency (stablecoins and popular coins on major networks) and ERIP (Belarus). Not every method is always available.
Card payments. Your card issuer may ask you to confirm the payment with 3-D Secure, for example by a one-time code or in your banking app. Card details entered on the Payment Page are transmitted in encrypted form to a Partner for authorisation and are not stored by AvantPay beyond what is needed to process the Payment. We will never ask for your card PIN or online banking password.
SBP and ERIP. SBP payments are confirmed in your banking app using the QR code or link shown; ERIP payments are made through your bank's ERIP service using the details shown. For cryptocurrency, see the section “Payers: cryptocurrency payments”.
Please check the details before you confirm. A Payment is made only once you have confirmed it and it has been accepted by the relevant Partner, bank, payment system or network.
Exchange rates and charges. Where a Payment involves currency conversion or cryptocurrency, an exchange rate and Partner fees may apply; the amount you will pay, including any fee charged to you by AvantPay or a Partner, is shown on the Payment Page before you confirm. Your bank, your wallet provider or the blockchain network may charge its own fees, which are outside AvantPay's control.
6.Payers: your obligations
When you use a Payment Page, you must:
- give accurate and complete information, including any contact details requested;
- use only a card, account or wallet that is yours or that its holder has authorised you to use, and keep your card details, codes and banking credentials private;
- pay only for genuine purchases and lawful purposes, never for fraud, money laundering, sanctions evasion or card testing;
- not interfere with the Payment Page or AvantPay's systems or try to get around security measures;
- comply with the laws of your country, including any restrictions on cross-border or cryptocurrency payments.
AvantPay and its Partners carry out fraud, anti-money laundering (AML) and sanctions checks, partly by automated means, and may ask you for more information or refuse a Payment that cannot be verified. If you think your card, account or wallet was used without your permission, contact your bank immediately and tell us at [email protected].
7.Payers: declined and failed payments
A Payment may be declined, delayed or cancelled by your bank, a Partner, a payment system or network, or AvantPay, for example because of insufficient funds, limits, failed authentication, technical problems or fraud, AML or sanctions checks. We may be unable to tell you why, particularly where your bank or a Partner decided or the law prevents us from explaining.
You may try again, choose another method or contact the Merchant. If the page closes before you see the result, check your bank statement before paying again, so that you do not pay twice.
If money was taken or reserved but the Payment shows as unsuccessful, your bank or the Partner normally releases or returns it within their usual timescales. If it is not returned within a reasonable time, contact [email protected] with the details listed in the section “Payers: refunds, disputes and complaints” and we will help trace it.
8.Payers: cryptocurrency payments
If you pay in cryptocurrency, the Payment Page shows the coin or token, the network, the receiving address and the amount. You must:
- send the exact amount shown, in the coin or token and over the network shown;
- send it only to the address shown for that Payment, within any time limit shown;
- pay network fees yourself and make sure your wallet's or exchange's fees do not reduce the amount received.
A cryptocurrency Payment is final once confirmed on the network, which AvantPay does not control, and cannot be cancelled or reversed by AvantPay, a Partner or the Merchant. Money can come back to you only as a refund from the Merchant, sent as a new transfer.
Funds sent to another address or network, in another coin or token, late or in a different amount may not be credited and may be permanently lost. Where such funds can be identified, AvantPay will try, with the relevant Partner, to credit the Payment or return them, but cannot guarantee this; you may be asked for proof, and network fees may be deducted.
Any rate fixed on the Payment Page applies only to funds received in time. AvantPay is not responsible for delays, failures or fees caused by a blockchain network, and you must check that paying in cryptocurrency is lawful where you live.
9.Payers: refunds, disputes and complaints
Refunds. To cancel an order, return goods or get your money back, contact the Merchant, which decides on refunds under its terms and the law. AvantPay does not issue refunds on its own initiative, except where the law, a court or the Rules require AvantPay or a Partner to return funds. Refunds go to the original payment method where possible; cryptocurrency refunds go to an address you provide on the correct network.
Disputes with your bank. If the Merchant does not resolve your problem, or you do not recognise a payment, you may be able to raise a dispute or chargeback with your card issuer or bank, which decides the outcome, not AvantPay. SBP and ERIP disputes follow those systems' rules, and cryptocurrency Payments generally cannot be disputed through a bank.
Complaints to AvantPay. If you are unhappy with the Payment Page or how we handled your Payment, email [email protected] with the Merchant's name, the date, amount and method of the Payment, any order number, the last four digits of your card (never the full number) or the transaction hash, and a description of the problem.
We will acknowledge your complaint, look into it and reply as soon as reasonably possible, passing any complaint about goods or services to the Merchant. This does not affect your right to raise a dispute with your bank or take other legal action. Banks often set time limits for disputes, so please do not delay.
10.Merchants: Individual Agreement
AvantPay and a Merchant may sign an Individual Agreement setting out its commercial terms, such as the Tariff, settlement schedule, Reserves and limits.
If the Individual Agreement conflicts with this Offer, the Individual Agreement prevails. This Offer applies to the extent a matter is not covered by the Individual Agreement, and in full where none has been signed.
AvantPay may show the Payer sections of this Offer to Payers, and the Merchant must not tell Payers anything that contradicts them.
11.Merchants: onboarding and verification
There is no public sign-up for the Services. A business first applies through the form on https://avantpay.io, giving its name, Telegram contact, website or project, expected monthly turnover and any comments.
The Merchant must be a legal entity or registered sole trader in good standing, run a lawful, properly licensed business, not be sanctioned or controlled by a sanctioned person, and act through authorised representatives aged 18 or over.
AvantPay carries out know-your-customer (KYC), know-your-business (KYB), AML and sanctions checks on the business, its beneficial owners, directors and representatives, and monitors Payments on an ongoing basis. It may request information about the business, its source of funds or particular Payments at any time, and may share information with Partners and, where the law requires, with authorities.
AvantPay may refuse any application, or decline to connect a website or project, at its sole discretion and without giving reasons, and may refuse, suspend or stop the Services if the Merchant does not answer an information request in time or checks are unsatisfactory.
12.Merchants: obligations
The Merchant must:
- provide accurate, current information and promptly report changes to its ownership, management, business, websites, products or contact details;
- use the Services only for genuine sales of its own goods or services through the business and websites AvantPay has approved;
- comply with the law, including consumer protection, advertising, tax and data protection laws, and with the Rules and Partner requirements AvantPay communicates;
- clearly display its legal name, contact details, prices, delivery terms, terms of sale, refund policy and privacy notice;
- support Payers, handle complaints promptly, apply a fair refund policy and keep records sufficient to answer Chargebacks;
- follow the API documentation and AvantPay's security requirements, and not store full card details outside the Payment Page unless AvantPay and the Rules allow it;
- keep Dashboard logins, two-factor devices and API Keys secure and report any compromise immediately to [email protected];
- cooperate with any investigation, audit or information request by AvantPay or a Partner.
The Merchant is responsible for all actions taken through its Dashboard account and API Keys, including by its team, until it reports a compromise and AvantPay has had a reasonable opportunity to act.
Each party must keep the other's non-public information, including the Tariff and API Keys, confidential, disclosing it only to staff, advisers, Partners and service providers bound by confidentiality, or as the law, an authority or the Rules require.
13.Merchants: prohibited activities
The Merchant must not use the Services, directly or indirectly, for:
- anything illegal in the Merchant's or the Payer's country or under the laws of England and Wales;
- money laundering, terrorist financing, sanctions evasion or fraud;
- drugs, weapons, ammunition or explosives, or counterfeit or infringing goods or content;
- sexual content involving minors, non-consensual content, or content promoting violence, hatred or terrorism;
- pyramid or Ponzi schemes, unlicensed gambling, or unlicensed financial, investment or money transfer services;
- the sale of personal data, stolen accounts or card data;
- payments for third parties or for businesses AvantPay has not approved, or transactions with no genuine sale, such as cash advances or self-payments;
- anything else prohibited by a Partner or the Rules and notified to the Merchant.
Licensed gambling, dating, free-trial subscriptions, nutritional supplements, travel, high-risk digital goods and cryptocurrency-related services need AvantPay's prior written approval and may face extra conditions, such as higher Reserves. If the Merchant breaches this section, AvantPay may immediately suspend the Services and Settlements and terminate the Agreement, and the Merchant is liable for the resulting fines, losses and costs.
14.Merchants: fees, settlements and reserves
Fees. Fees are set out in the Tariff and may include a percentage of each Payment, fixed transaction fees, and fees for refunds, Chargebacks, Payouts and conversion. Unless agreed otherwise, they are deducted before each Settlement; any shortfall may be deducted later or invoiced, payable within 14 days. Fees are not returned on refunds or reversals unless the Tariff says otherwise.
AvantPay may change the Fees on at least 14 days' notice by email or through the Dashboard, or on shorter notice where a Partner, a card scheme or the law requires. A Merchant that does not agree may terminate the Agreement with immediate effect by notice given before the change takes effect. Fees exclude VAT and other taxes, and the Merchant is solely responsible for taxes on its sales.
Settlements. Settlements of funds due from successful Payments are made by AvantPay or its Partners, after deduction of Fees, refunds, Chargebacks, Reserves and other permitted amounts, on the Tariff schedule, to the Merchant's own bank account or USDT wallet. Any conversion, including into USDT, is at the rate set by the relevant Partner at the time, which may include a margin.
The Merchant must give correct details, including the network; cryptocurrency Payouts cannot be reversed, and network fees may be deducted. Settlement times are estimates. Any discrepancy in a Settlement report, including about Fees, must be raised within 60 days, failing which the Settlement is treated as accepted, save for obvious error.
Reserves. To cover refunds, Chargebacks, fines and other liabilities, AvantPay may hold, or instruct the relevant Partner to hold, amounts due to the Merchant for a period before Settlement, and may withhold a rolling or fixed Reserve from Settlements, as set out in the Tariff or notified. AvantPay may increase the Reserve or extend the holding period if it reasonably considers that the Merchant's risk has increased. No interest is payable on amounts held.
Deductions. AvantPay may deduct any amount the Merchant owes it, including Fees, refunds, Chargebacks, fines and costs, from any amount payable to the Merchant under the Agreement, including Settlements and released Reserves. AvantPay may also pay a Partner, on the Merchant's behalf, any amount the Merchant owes that Partner in connection with the Services; that amount then becomes a debt owed to AvantPay, deductible in the same way.
15.Merchants: refunds and chargebacks
The Merchant may refund Payments through the Dashboard or the API, to the original payment method where possible and up to the original amount. If its balance is insufficient, AvantPay may decline the refund or deduct it from later Settlements. Refunds in cash or outside the Services are not allowed unless the Rules permit them.
The Merchant is fully liable for every Chargeback on its Payments, including the disputed amount, any Chargeback fee and all fines and assessments imposed by Partners, card schemes or payment systems. AvantPay notifies the Merchant of each Chargeback and forwards evidence submitted in time, but the Partner, issuing bank or payment system decides the outcome.
If Chargebacks, refunds or fraud exceed the thresholds set by AvantPay, a Partner or the Rules, AvantPay may charge additional Fees, increase the Reserve, require remedial measures, or suspend or terminate the Services.
16.Merchants: suspension and termination
AvantPay may suspend all or part of the Services, block Dashboard or API access, decline or delay Payments and withhold, or instruct the relevant Partner to withhold, Settlements if it reasonably believes that the Merchant has breached its Agreement, the Rules or the law, given false information or ignored an information request; that financial crime, excessive Chargebacks or complaints, insolvency or a security threat is involved; or that a Partner or authority requires it.
Where the law allows, AvantPay will give reasons and lift the suspension once they no longer apply. Funds may be withheld as long as reasonably necessary to investigate, cover potential refunds, Chargebacks and fines, or comply with the law or a Partner's request: usually no more than 180 days from the later of the last Payment and the end of the Agreement, but longer where the law, an authority or a Partner requires. Funds that AvantPay or a Partner suspects derive from illegal activity will be dealt with as the law requires, which may include returning them to Payers where this is lawful.
The Agreement with a Merchant takes effect as described in the section “Acceptance of the Offer” and continues until terminated. Either party may terminate it on at least 30 days' written notice, the Merchant by email to [email protected]. The Merchant may also terminate immediately in response to a change, as described in the sections “Merchants: fees, settlements and reserves” and “Changes to the Offer”. AvantPay may terminate immediately for a material breach (or a breach not remedied within 10 days of a request), where a ground for suspension applies or a Partner or authority requires it, or on the Merchant's insolvency or cessation of business.
On termination, the Merchant must stop accepting Payments and remove AvantPay integrations. Funds due are paid out by AvantPay or its Partners after permitted deductions and compliance checks, but the Reserve and withheld funds may be kept for the 180-day period above. The Merchant remains liable for earlier Payments, and provisions meant to survive termination continue to apply.
17.Data protection
AvantPay complies with data protection law, including the UK GDPR, the Data Protection Act 2018 and the Privacy and Electronic Communications (EC Directive) Regulations 2003, each as amended. Our Privacy Policy at https://avantpay.io/privacy-policy explains how we handle personal data and your rights.
Payers. We use the information you give on the Payment Page to process your Payment, prevent fraud, comply with the law and handle refunds, Chargebacks and complaints, and share it with the Merchant and the Partners involved. Card details are transmitted in encrypted form to Partners for authorisation and are not stored by AvantPay beyond what is needed to process the Payment.
Merchants. AvantPay processes Payers' data partly as the Merchant's processor and partly as an independent controller for purposes such as fraud prevention, security, AML and sanctions compliance, Chargebacks and Partner requirements. The Merchant must have a lawful basis for sharing Payers' data and must tell Payers in its privacy notice that it is shared with AvantPay, as its payment technology provider, and with AvantPay's Partners. Each party must notify the other without undue delay of any personal data breach affecting shared data.
Processor terms. As the Merchant's processor, AvantPay agrees, for the purposes of Article 28 of the UK GDPR, that:
- the processing concerns Payers' identification, contact, order, payment and technical data, for displaying order details on the Payment Page, sending payment statuses, notifications and reports to the Merchant and showing transactions in the Dashboard, for the term of the Agreement;
- it acts only on the Merchant's documented instructions (the Agreement and its use of the Services), including on international transfers, unless the law requires otherwise, in which case it will tell the Merchant first where allowed; and it will say if it considers an instruction unlawful;
- the people it authorises to process the data are bound by confidentiality, and it applies appropriate security measures under Article 32 of the UK GDPR;
- the Merchant generally authorises sub-processors, including those listed in the Privacy Policy; AvantPay will notify intended changes by email or through the Dashboard, allowing the Merchant to object, will bind each sub-processor in writing to equivalent obligations and remains responsible for them;
- it assists the Merchant, as far as the nature of the processing allows, with Payers' rights requests and its duties under Articles 32 to 36 of the UK GDPR, including on breaches and data protection impact assessments;
- at the end of the Agreement it deletes or returns the data, as the Merchant chooses, unless the law requires it to be kept or AvantPay holds it as an independent controller, as described in the Privacy Policy;
- it provides the information reasonably needed to demonstrate compliance and allows reasonable audits, including inspections, by the Merchant or its auditor, on reasonable notice and subject to confidentiality.
International transfers. AvantPay's systems are hosted by Yandex Cloud in data centres in Russia, and many Partners and service providers are outside the United Kingdom, including in Russia, Belarus, the United States and the European Economic Area. Such transfers rely on the lawful mechanisms described in the Privacy Policy, such as the ICO's International Data Transfer Agreement or the International Data Transfer Addendum to the EU Standard Contractual Clauses.
18.Intellectual property
AvantPay and its licensors own all intellectual property in the Services, the Payment Page, the Dashboard, the API, the documentation and the AvantPay name and logo. Nothing in this Offer transfers it to you.
Payers may use the Payment Page only to make Payments. Merchants receive, for the term of their Agreement, a limited, non-exclusive, non-transferable, revocable licence to use the Services, the API and the documentation in their approved business, and allow AvantPay to show their name and logo on the Payment Page. No one may copy, reverse engineer or resell the Services or access them without authorisation.
19.Service availability
AvantPay will provide the Services with reasonable care and skill and make reasonable efforts to keep them available. For Merchants, except as expressly set out in this Offer, the Services are provided “as is” and “as available”. AvantPay does not guarantee to anyone that the Services will be uninterrupted or error-free, or that any Payment will be authorised.
The Services may be unavailable during maintenance or failures of Partners, networks or hosting providers; where practicable, Merchants will be told in advance of significant planned maintenance.
To the extent permitted by law, terms not expressly set out in this Offer are excluded. This does not affect the statutory rights of Consumers, including the right under the Consumer Rights Act 2015 to have services performed with reasonable care and skill.
20.Limitation of liability
Nothing in this Offer limits or excludes AvantPay's liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be limited or excluded under the laws of England and Wales, and nothing in it affects the statutory rights of Consumers, including those under the Consumer Rights Act 2015.
Liability to Payers. Subject to the paragraph above, AvantPay is responsible for loss you suffer that is a foreseeable result of our breach of this Offer or our failure to use reasonable care and skill. Loss is foreseeable if it is obvious that it will happen or if both you and we knew it might happen when you made the Payment. We are not responsible for unforeseeable loss, or to Consumers for loss of profit, business or business opportunity.
Unless caused by our own breach or negligence, AvantPay is not responsible to Payers for the Merchant's goods or services; decisions of your bank or wallet provider, a payment system or a blockchain network; loss caused by your not following this Offer or the Payment Page instructions, such as cryptocurrency sent to the wrong address or network; or events covered by the section “Force majeure”.
If you pay as a business, AvantPay is not liable to you for loss of profits or indirect or consequential loss, and its liability for a Payment is limited to the amount of that Payment.
Liability to Merchants. Unless the Individual Agreement provides otherwise, and subject to the first paragraph of this section, AvantPay is not liable to a Merchant, in contract, tort (including negligence) or otherwise, for loss of profits, revenue, business, goodwill or anticipated savings; loss of data; indirect or consequential loss; acts or omissions of Partners, payment systems, blockchain networks or other third parties; losses caused by the Merchant's breach, compromised credentials or incorrect information; or good-faith actions to comply with the law, the Rules or a Partner's requirements.
AvantPay's total aggregate liability to a Merchant under or in connection with the Agreement in any 12-month period is limited to the Fees paid or deducted in the 12 months before the first event giving rise to liability in that period. This limit does not apply to AvantPay's obligation to pay, or arrange for the relevant Partner to pay, Settlement amounts received for the Merchant's Payments, including Reserves and withheld funds once due for release, that are not subject to a permitted deduction or withholding. A Merchant must notify any claim in writing within 12 months of when it became, or ought reasonably to have become, aware of it.
21.Indemnity by Merchants
This section applies to Merchants only; Payers give no indemnity under this Offer. The Merchant will indemnify AvantPay, its affiliates, directors, employees and Partners against all losses, liabilities, fines, penalties, costs and expenses (including reasonable legal fees) arising from:
- the Merchant's breach of its Agreement, the Rules or the law;
- its goods or services and any dispute between it and a Payer;
- refunds, Chargebacks, fines and assessments relating to its Payments;
- any third-party claim that its products, website or content infringe that third party's rights;
- the acts or omissions of its staff, contractors and team members.
22.Force majeure
AvantPay is not liable to Payers or Merchants, and a Merchant is not liable to AvantPay, for failure or delay caused by events beyond reasonable control, such as natural disasters, epidemics, war, acts of government, sanctions, changes in law, power or internet failures, cyber attacks, or failures of hosting providers, Partners, payment systems or blockchain networks. The affected party will take reasonable steps to limit the effects.
If such an event lasts more than 60 days, AvantPay or the Merchant may terminate the Merchant's Agreement by notice. This section does not release a Merchant from paying Fees or amounts for refunds, Chargebacks and fines.
23.Changes to the Offer
AvantPay may change this Offer from time to time. The current version, with its revision date, is published at https://avantpay.io/public-offer.
Payers. The version in force when you initiate a Payment applies to that Payment. Later changes do not apply to Payments already made, unless the law requires otherwise.
Merchants. AvantPay will give at least 14 days' notice of material changes by email or through the Dashboard, or shorter notice for changes required by law, an authority or a Partner, for security, or that do not disadvantage Merchants. A Merchant that does not agree may terminate its Agreement with immediate effect by notice given before the change takes effect; continued use of the Services afterwards means acceptance. Changes to this Offer do not amend an Individual Agreement, which can be changed only as it provides.
24.Notices and communications
Payers can contact AvantPay at [email protected]. We may contact you about a Payment, refund or complaint using the contact details you gave on the Payment Page, or through the Merchant.
Merchants. AvantPay may give notices through the Dashboard, by email to the address registered in the Dashboard or via its Telegram contact; the Merchant gives notices by email to [email protected]. A notice is received when published or sent if this is between 9am and 5pm (UK time) on a Business Day, and otherwise at 9am (UK time) on the next Business Day. The Merchant must keep its contact details up to date.
Communications under this Offer may be made in English or Russian. If this Offer or any notice is translated, the English version prevails.
25.Assignment and subcontracting
Payers and Merchants may not assign or transfer their rights or obligations under the Agreement without AvantPay's prior written consent.
AvantPay may assign its rights by notice, and may transfer or novate the Agreement, including its obligations, to an affiliate or a successor of its business by notice. Merchants consent in advance to any such transfer or novation, and Payers to one that does not reduce their rights. AvantPay may use subcontractors, Partners and service providers, remaining responsible for its own obligations.
26.Severability and general terms
If any provision of this Offer is invalid or unenforceable, it will be modified to the minimum extent needed to make it enforceable, and the rest continues in force. A failure or delay in exercising a right does not waive it. Nothing in this Offer creates a partnership or joint venture.
For a Merchant, the Agreement is the entire agreement with AvantPay on its subject matter, and the Merchant confirms that it has not relied on any statement not set out in it.
Only AvantPay and the Payer or Merchant concerned may enforce the Agreement under the Contracts (Rights of Third Parties) Act 1999, except that AvantPay's affiliates, directors, employees and Partners may enforce the section “Indemnity by Merchants”. The rights to rescind or vary the Agreement, including under the section “Changes to the Offer”, do not require the consent of any Partner or other third party.
27.Governing law and jurisdiction
This Offer and the Agreement, and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims), are governed by the laws of England and Wales. For Consumers, this does not remove the protection of mandatory rules of the law of the country where they live.
Please contact [email protected] first so that we can try to resolve any problem. If it is not resolved within 30 days, either party may refer it to the courts. This does not prevent a Consumer from going to court at any time, or anyone from seeking urgent relief.
Payers who are Consumers may bring proceedings in the courts of England and Wales and, if they live in Scotland or Northern Ireland, also in the courts of the place where they live.
Merchants. Unless the Individual Agreement provides otherwise, the courts of England and Wales have exclusive jurisdiction over disputes between AvantPay and a Merchant, but AvantPay may seek urgent injunctive relief or enforce a judgment elsewhere.
28.Contact
- Website: https://avantpay.io
- Email: [email protected]