Last updated on 9 April 2014
Any translation of the English version of this Agreement is provided for convenience only and only the English version shall be legally binding.
The OKPAY Payment System allows merchants to accept OKPAY e-currency as well as supported payment methods for online businesses. Supported payment methods may additionally impose specific requirements and restrictions on the business type as well as merchant acceptance. The following requirements are mentioned on the relevant pages of the payment method activation.
At OKPAY we are guided by a value system that is steadfastly focused on building relationships with companies who do business with trust and integrity. Only merchants who comply with this policy, and the guidelines reflected below, will be approved.
These guidelines will be updated and varied periodically. In addition, where a merchant is already approved, OKPAY may suspend or withhold their service from merchants if they no longer meet the criteria required, as may be determined from time to time.
2. Limitation of Liabilities
You acknowledge that OKPAY is solely providing a payment service and that some limitation of liability on OKPAY Company's part is reasonable and customary in an Agreement such as this.
Accordingly, you agree that OKPAY shall not be liable for:
- Any validation provided by OKPAY not being acted upon by a Participating Merchant for any reason;
- Any delay or failure to carry out OKPAY Company's obligations under this Agreement arising from maintenance or upgrade of the system, or failure of the system or other event beyond our reasonable control;
- Any loss or damage (including direct, indirect, or consequential loss or damage or loss of profits, business, revenue, or opportunity) arising from any delay or failure to carry out OKPAY Company's obligations under this Agreement.
3. Termination and Indemnity
We may block or terminate the account and the contract with any client immediately if we suspect any fraud or misuse of an OKPAY e-payment occurring, if we have other security concerns, or if we need to do so to comply with the law. The remaining account balance may be used as compensation for the losses due to damage to the image and reputation of the Company. This is valid in case it is suspected that OKPAY Policies and requirements have been violated both intentionally or unintentionally.
You hereby indemnify and agree at all times to hold OKPAY harmless from and against all losses, demands, claims, damages, expenses (including reasonable legal costs), and liabilities arising from any third-party claim resulting from your use or misuse of the OKPAY payment system, or for harm suffered directly or indirectly by OKPAY as a result of your breach or non-observance of your obligations under this Agreement.
4. Requirements for Merchant Approval
The OKPAY Service will not approve a merchant if:
- The website or activity undertaken will be deemed oriented to any sensitive and negative subjects listed in the “Restricted Business Categories” below.
- The merchant has not provided all the information required for KYC (Know Your Customer) purposes to the complete satisfaction of OKPAY.
- All rights, licenses, permits, and authorizations necessary to enable the merchant to operate the business and comply with all relevant laws and regulations are not obtained. For gaming merchants this will include a valid gambling licence issued by a recognized authority. All companies will need to submit a copy of the Company registration documents (Certificate of Incorporation) and Company Statutes (Memorandum & Article of Association) as a minimum.
- There is significant derogatory background information about the merchant and/or any person, body, or organization associated directly or indirectly with the merchant. This will include directors, employees, partners, principals, and shareholders. OKPAY has the right to request any information in this regard from the appropriate sources including using credit reports, trade and bank references, criminal records, PEP, OFAC, and other sanction databases, personal and business financial statements, and tax returns.
- A valid URL address is not linked to a working website or will not exist prior to the merchant being activated. The URL must link directly to web pages that contain information about the merchant's service or products. Links that redirect through or to domains other than the one specified in the OKPAY merchant account settings will not be accepted.
- OKPAY is not given full and unfettered access to the merchant's website at any time as reasonably determined by OKPAY.
- In the sole opinion of OKPAY, false, confusing, or misleading statements are made directly or indirectly by the merchant or if there is a failure to disclose a material fact about their programs, products, or services, or any aspect thereof.
- The procedures and controls required by OKPAY, including Anti Money Laundering and Anti Terrorist Funding controls, are not implemented.
5. Monitoring and Compliance
The OKPAY Security Department will, on an ad hoc basis, review live merchants to monitor compliance with the above guidelines. OKPAY will suspend or terminate a non-complying merchant, subject to the terms of the merchant's contract.
A Merchant must not be involved or associated with any activities or materials which may infringe, dilute, denigrate, or impair the goodwill and/or reputation of the OKPAY brand.
6. Restricted Business Categories
OKPAY will not under any circumstances knowingly approve Merchants associated directly or indirectly with the following products or services:
- Terrorism, racism, and violence: products and associated websites which in any way promote violence or advocate violence against a target group. A target group is distinguished by its race or ethnic origin, colour, national origin, religion, disability, sex, age, veteran status, or sexual orientation/gender identity.
- Body parts: promotion, sale, or dealings of nature in body parts or human remains or the non-consensual mutilation of a person or body part.
- Copyright unlocking devices: modchips or other devices designed to circumvent copyright protection.
- Abusing copyright or counterfeit goods: All products and services presented by merchants must respect copyright and trademark law. Unauthorized or "bootleg" copies of media, software, or other licensed or protected material will not be acceptable. In addition products that are replicas or imitations of designer goods without the appropriate announcement or products without a celebrity endorsement that would normally require such an association, fake autographs, counterfeit stamps, and other potentially unauthorized goods will also fall into this category.
- Drugs, drug paraphernalia, and drug test circumvention aids: promotion of illegal drugs and drug accessories, including herbal drugs such as salvia and magic mushrooms and drug test circumvention aids and products such as drug cleansing shakes and urine test additives. Tobacco products and alcohol.
- Illegal goods and services: materials, products, or information promoting illegal goods or enabling illegal acts, e.g., illegal knives or other illegal weapons. Other examples included in this category are manuals, how-to guides, information or equipment enabling illegal access to software, servers, websites, or other protected property and products that descramble cable and satellite signals in order to obtain free service.
- False representation: fake IDs, passports, diplomas, and noble titles.
- Personal information: content that includes contact or personal information about another individual without his permission.
- Adult Merchants associated directly or indirectly in either the URL or the homepage to child pornography and underage sex, bestiality, incest, rape, brutality, forced sex or prostitution, and escort services.
Pyramid Schemes, unregulated e-money and foreign exchange beneficiaries, get rich quick schemes, and High-Yield Investment Programs are unacceptable but legitimate Multi-level Marketing businesses will be acceptable.
- Payment Services intended for a beneficiary from a website offering gambling services where it is strictly forbidden for citizens or residents of that country to receive such payments from such websites.
- Schemes that do not fully verify the identity of all parties involved and do not allow OKPAY full visibility and access to information relating to the entire transaction associated with an OKPAY e-currency.
The Merchant is hereby informed about all the requirements and agreements of using OKPAY electronic payment services, accepts them, and agrees to follow and incorporate them into the business.
The Merchant agrees to promptly, but not later than two working days, notify OKPAY using the Support Desk
service of any changes in the status, type, category, or other information related to the business.