1. Site and service publisher
The nexet.io website and the Nexet Pay services are published by [to complete: legal name], a [to complete: legal form] with share capital of [to complete: share capital], registered with the trade register of [to complete: city] under number [to complete: registration number], tax ID [to complete: tax ID], ICE [to complete: ICE number].
Registered office: [to complete: full address]. Publication director: [to complete: name]. Website hosting: [to complete: host and address].
2. Purpose and acceptance
These terms set out the respective rights and obligations of Nexet Pay and the merchant regarding the use of the platform: merchant space, API, e-commerce modules, hosted payment pages and related services.
Creating a merchant account or using the services constitutes unreserved acceptance of these terms. The merchant declares that it has the legal capacity to enter into this agreement.
3. Description of the services
Nexet Pay provides an online payment platform which includes in particular:
- acceptance of card payments, Apple Pay and Google Pay, with 3-D Secure 2 authentication;
- management of subscriptions and recurring payments;
- creation of payment links and QR codes;
- issuing and tracking invoices;
- refunds, dispute handling and settlement tracking;
- a REST API, signed webhooks and a test environment.
4. Merchant account and verification
Opening a merchant account is subject to approval of an application including the company's legal documents and the bank details used for settlements. Nexet Pay may request additional documents at any time, in particular to meet its know-your-customer and anti-money-laundering obligations.
The merchant warrants the accuracy of the information provided and undertakes to keep it up to date. The merchant is solely responsible for the confidentiality of its credentials and API keys, and for any operation carried out with them.
Nexet Pay may decline an account application without having to justify its decision.
5. Merchant obligations
In the course of its activity, the merchant undertakes to:
- use the services only for transactions matching its declared activity;
- clearly inform its customers of the seller's identity, the total price and the sale, delivery and refund conditions;
- comply with the regulations applicable to its activity, in particular regarding e-commerce, taxation and consumer protection;
- handle its customers' refund requests and complaints within reasonable timeframes;
- not circumvent the platform's security mechanisms nor attempt to access data that does not concern it.
6. Prohibited activities
The services may not be used for unlawful activities or activities prohibited by the card networks, including the sale of illegal goods or services, unauthorised gambling, pyramid schemes, counterfeiting, or any activity presenting an obvious risk of fraud. The full list of excluded activities is provided when the account is opened and may change over time.
Breach of this clause results in immediate suspension of the account, without prejudice to any other remedy.
7. Pricing, fees and settlements
The applicable fees are those published on the Pricing page or, where relevant, those agreed in a specific contract. They are deducted from the transactions collected.
Collected funds are paid out to the bank account declared by the merchant, at the frequency stated in its plan. Nexet Pay may withhold all or part of a settlement in the event of suspected fraud, an ongoing dispute or a legal obligation.
Any change in pricing is notified to the merchant before it takes effect, within the notice period set out in article 13.
8. Availability and maintenance
Nexet Pay uses reasonable means to keep the platform continuously available, without guaranteeing the complete absence of interruption. Maintenance operations may be scheduled; they are announced in advance where possible.
A service level commitment may be contracted as part of an Enterprise plan.
9. Intellectual property
The platform, its software components, documentation, trademarks and graphic elements remain the exclusive property of Nexet Pay or its partners. The merchant is granted a personal, non-exclusive and non-transferable right of use, limited to the term of its contract and to the use of the services.
The e-commerce modules provided are subject to the licences stated in their respective documentation.
10. Liability
Nexet Pay is responsible for the proper technical performance of the payment services it provides. It cannot be held liable for the consequences of a non-compliant use of the platform, a failure of the card networks, or an act attributable to the merchant, its customers or a third party.
The merchant remains solely responsible for the goods and services it sells, their compliance and the relationship with its customers.
Where Nexet Pay's liability is engaged, it is limited under the conditions set out in [to complete: contractual liability cap].
11. Personal data
The processing of personal data is described in the privacy policy, which forms an integral part of these terms. The merchant undertakes to inform its own customers of the processing of their data in connection with payment.
12. Term, suspension and termination
The agreement is entered into for an indefinite term. The merchant may close its account at any time from its space, subject to settlement of amounts due and processing of pending transactions.
Nexet Pay may suspend or terminate an account in the event of a breach of these terms, established fraud risk, or a requirement from a competent authority. Except in an emergency or where required by law, suspension is preceded by notice to the merchant.
13. Changes to the terms
These terms may be amended to reflect legal, technical or commercial developments. Any substantial change is notified to the merchant [to complete: notice period] before it takes effect. Continued use of the services constitutes acceptance of the new version.
14. Governing law and disputes
These terms are governed by [to complete: governing law]. Failing an amicable resolution, any dispute relating to their interpretation or performance falls within the jurisdiction of the courts of [to complete: competent jurisdiction].
15. Contact
For any question regarding these terms, write to us at contact@nexet.io or through the contact form on the website.