Payment Terms

Author
admin
Date
2015-04-17 06:38
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11568

Terms and conditions 

 

This License Agreement ("Agreement") is a legal agreement between You as an individual ("You" / "Licensee") and  PayGate Co. Ltd., a privately held Limited company with its principal place  of business at 2F Art Nouveau Palace, 258 Seokchonhosu-ro, Songpa-gu, Seoul ("Licensor"), with respect to the PayGate products offered  and/or  provided  to you by Licensor  ("PayGate Payment Service")  and  is effective  as of the date  this Agreement is accepted ("Effective Date"). 

 By accepting this Agreement, or paying for, installing, activating, or otherwise using the PayGate Payment Service, You agree to be bound by all of the terms of this Agreement. If you do not agree to the terms of this Agreement, do not install the PayGate Payment Service and do not finalize payment for the PayGate Payment Service.

1. Grant of License and Ownership.  Subject  to  the  terms and  conditions contained  in  this  Agreement,  Licensor  grants You  a  non-exclusive,  non- transferable license to use the PayGate Payment Service for purposes defined  by the type of license for the PayGate Payment Service that you have  acquired (the "Purpose").

2. Additional Fees and Related Software Responsibilities. Licensor has the right to charge any fees for access to additional services, add- ons and features that are not initially part of the core offer. Such additional services may be, but are not limited to, PayGate add-ons that go beyond the core features supported, external services to which the PayGate Payment Service can interact, and new features for the PayGate Payment Service that by the Licensor are seen as value-adding. Licensee  is responsible  for maintaining  all that needed to  access the  PayGate Payment Service and  site  related services and Licensee is responsible for payment of any fees for those services now and  in the  future.  Licensee agrees to pay for any  services Licensee signs up for, through  the  PayGate Payment Service or through  any  site related services, upon  invoice,  and  Licensee agrees not  to  act  in any  way  that  could  reasonably be considered fraudulent   with respect to  making  payments. Licensee  shall  pay  all  applicable  taxes for which  Licensee  may  be  liable  due  to  Licensee's location.

3. Installation and Use.  Licensor is providing the PayGate Payment Service to you for installation on any single domain.

a. Meeting of Licensee Needs. You have the responsibility to familiarize yourself with the key functions of the PayGate Payment Service before acquiring a paid license. The Licensee shall bear the risk as to whether the PayGate Payment Serivce meets the individual requirements and needs of the Licensee. The setup of a functional environment for the PayGate Payment Service is subject to the relevant agreement shall be the sole responsibility of the Licensee.

b. Responsibility for User Accounts and Passwords. You are responsible for maintaining the confidentiality of User Accounts and Passwords. You agree to immediately notify Licensor of any unauthorized use of your account of which you become aware. Otherwise, all guarantees as to service and performance given by Licensor to you shall be suspended.

c. Improper Use. The PayGate Payment Service may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited.  This includes, without limitation, material protected by patent, copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Licensee acknowledges that transmission, distribution or storage of material, may require Licensee to acquire rights from a third party to avoid infringing on the rights of such third party.

4. Intellectual Property Rights. Licensor shall retain all rights, title and interest in the PayGate Payment Service, including, without limitation, all intellectual property rights embodied therein.  You will not acquire any rights, express or implied, in the PayGate Payment Service, other than those specified in this Agreement. All third party licensors and  suppliers retain  all rights,  title and  interest in third party software and  all copies thereof,  including all copyrights  and  other  intellectual property  rights. Licensor does not claim any rights to any product or material produced by you, by use of the PayGate Payment Service as production tools.

5. License Restrictions. You may not distribute, sublicense, rent or lease the PayGate Payment Service. You may  not, nor may  you authorize or assist others to: (i) reverse engineer, decompile, or disassemble the PayGate Payment Service; (ii) modify, or create derivative  works based upon the PayGate Payment Service in whole or in part; (iii) distribute  copies of the PayGate Payment Service; (iv) remove or change any proprietary  rights notices or labels  on the PayGate Payment Service or related products; or (v) resell, lease, rent, transfer, sublicense, or otherwise transfer rights to the PayGate Payment Service. Any use in violation of this Section 6 shall immediately terminate this Agreement.

6. Term and Termination. You have  the right to use the  PayGate Payment Service for the  Purpose from the  period  commencing upon  acceptance of this Agreement and  ending  upon  a termination  date  that  may  be specified by Licensor.  For the paid license of the PayGate Payment Service, You have the right to use this license for the Purpose, commencing upon payment upon termination of this Agreement, all functionality of the PayGate Payment Service will be deactivated. You can terminate this agreement at any time by providing 30 days of notice prior to termination of the contract.

7. Recurring Payments. You acknowledge and  agree that  maintenance fee is offered  on a subscription model,  with automatic renewal of your maintenance at the  end  of each period  (the  "Renewal Date"),  and  subject to recurring payments. You will always be notified before making the first payment. Licensor will always notify you of any price increases, prior to charging your credit card or account. Your subscription will continue and be renewed automatically until such time as you elect to cancel the subscription, prior to a Renewal Date.  Upon cancellation, your existing license for the PayGate Payment Service will be affected. 

8. Confidential Information.   You  acknowledge  and   agree that  any  information,   documentation,  product   related  information  or  any  other   proprietary technology or  know-how  related to  the  PayGate Payment Service, that  cannot reasonably be  considered public  knowledge, that  might  be  disclosed to  You  by Licensor,  constitute "Confidential Information" of Licensor,  and  You agree to keep  the  same confidential and  not to use the  same for any  purpose, other than  the  purpose for which Licensor disclosed this information  to You. You will protect  the  Confidential Information  by using  the  same degree of care  as You would use to protect  Your own Confidential Information,  but no less than  a reasonable degree of care,  from the  unauthorized use, dissemination or publication  of the  Confidential  Information.  You agree to hold  all  Confidential  Information  in confidence  for a  period  of one  (1) year  from the  date  of termination  or expiration  of this Agreement.

9. No Warranty. YOU ACKNOWLEDGE THAT THE PAYGATE PAYMENT SERVICE AND RELATED DOCUMENTATION ARE BEING DELIVERED "AS IS" WITHOUT WARRANTIES  OF  ANY KIND, INCLUDING WITHOUT  LIMITATION  ANY IMPLIED  WARRANTY  OR  MERCHANTABILITY  OR  FITNESS   FOR  A PARTICULAR PURPOSE. IN NO EVENT WILL LICENSOR  BE LIABLE TO YOU OR ANY OTHER PERSON FOR DAMAGES, DIRECT OR INDIRECT, OF  ANY NATURE  OR  EXPENSES  INCURRED  BY YOU  IN  CONNECTION  WITH THE  USE  OF  THE  PAYGATE PAYMENT SERVICE.  YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO TERMINATE THIS LICENSE AGREEMENT WITH NO REFUND OPTIONS FOR UNUSED LICENSE PERIOD.

10. Refund Policy. You acknowledge that there are no returns or cancellations for your purchase of paid license type for the PayGate Payment Service from Licensor.  All agreements are final, non-cancelable and non-refundable except as otherwise determined by Licensor in its sole discretion.

 You further  acknowledge and  agree that  some or all of Licensor's financial offers for a  paid  license type  of the  PayGate Payment Service, may  be  offered  on  a subscription model,  subject to recurring  payments. Cancelling your subscription after the beginning of a paid license period, does not entitle you to a full or partial refund for that license period.  If You do not cancel  Your recurring  payment subscription before a Renewal Date,  You are  not entitled  to a refund for the  recurring  payment charged to Your credit/debit card account on that  Renewal Date.  You have the sole responsibility to notify cancellation of your subscription 30 days before the Renewal Date if you do not wish to continue your subscription.

11. Indemnification. You  agree to  defend, indemnify  and  hold  harmless Licensor  from  any  and  all  claims,  liability and  expenses, including reasonable attorneys' fees and  costs, arising  out Your breach of any  provision  of this Agreement or Your use of the  PayGate Payment Service, including, but not limited to, the use of the PayGate Payment Service to infringe on any third party intellectual property  rights.

12. Miscellaneous. This Agreement shall be governed by and construed in accordance with the laws of Republic of Korea, without reference to its choice of law provisions. You agree that this Agreement supersedes any prior agreement, whether written or oral, and all other communications between Licensor and You relating to the subject matter of this Agreement. Licensor  may  change the  terms of this  Agreement at  any  time  by posting  modified  terms on  its website.

13. Severability. If any provision of this Agreement is held to be invalid, illegal or unenforceable for any reason, it shall not affect any other provision of this Agreement, and this Agreement shall be construed as if said provision had never been contained in this Agreement.

14. Privacy Policy. Your use of, Sites and  Services - including  but  not  limited  to the  PayGate Payment Service, web  site  and  support services - are  also  governed by the  PayGate Privacy Policy