Terms & Conditions
We are committed to safeguarding the privacy of our website visitors; this policy sets out how we will treat your personal information.
These terms and conditions govern your use of our website; by using our website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
INFORMATION ABOUT US
www.xepay.co.uk is a site operated by XEPAY Ltd (“We”). We are registered in England and Wales under company number 12663619 and have our registered office at The Exchange, 26 Haslucks Green Road, Shirley, Solihull, B90 2EL
CHANGES TO THESE TERMS
Please check this page from time to time to take notice of any changes We made, as they are binding on you.
CHANGES TO OUR SITE
We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and We are under no obligation to update it.
We do not guarantee that our site, or any content on it, will be free from errors or omissions.
ACCESSING OUR SITE
Our site is made available free of charge.
We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to our site.
INTELLECTUAL PROPERTY RIGHTS
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
- Licence to use website
Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Subject to the licence below, all these intellectual property rights are reserved.You may view, download for caching purposes only, and print pages or documents from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.You must not:
- republish material from this website (including republication on another website);
- sell, rent or sub-license material from the website;
- show any material from the website in public;
- reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;
- edit or otherwise modify any material on the website;
- or redistribute material from this website.
- Acceptable use
You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent. You must not use our website to transmit or send unsolicited commercial communications.
- Restricted access
Access to certain areas of our website is restricted. We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion.If we provide you with a user ID and password to enable you to access restricted areas of our website or other content or services, you must ensure that that user ID and password is kept confidential.We may disable your user ID and password in our sole discretion without notice or explanation.
- User generated content
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to our website, for whatever purpose.You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law). You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint. We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website. Notwithstanding our rights under these terms and conditions in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, our website.
- Limited warranties
Whilst we endeavour to ensure that the information on this website (excluding user content) is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).
- Limitations of liability
Nothing in these terms and conditions (or elsewhere on our website) will exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law.Subject to this, our liability to you in relation to the use of our website or under or in connection with these terms and conditions, whether in contract, tort (including negligence) or otherwise, will be limited as follows:to the extent that the website and the information and services on the website are provided free-of-charge, we will not be liable for any loss or damage of any nature; we will not be liable for any consequential, indirect or special loss or damage; we will not be liable for any loss of profit, income, revenue, anticipated savings, contracts, business, goodwill, reputation, data, or information; we will not be liable for any loss or damage arising out of any event or events beyond our reasonable control; our maximum liability in relation to any event or series of related events will be limited to £1.00 (one).
You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
- Breaches of these terms and conditions
Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
We may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of our website from the date of the publication of the revised terms and conditions on our website. Please check this page regularly to ensure you are familiar with the current version.
We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
- Exclusion of third party rights
These terms and conditions are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms and conditions is not subject to the consent of any third party.
- Entire agreement
- Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with English law, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of England and Wales.
6 Months Terminal Rental Offer
- This cashback offer (the “Offer”) is open to new customers (“Customers” or “you”) of XEPAY Limited (“XEPAY” or “we”) who have not been customers of XEPAY in the 12 months prior to becoming eligible for the Offer.
- Details of the Offer applicable to you together with the relevant offer code were provided as part of your application to become a Customer and shall be subject to these Terms and Conditions. The Offer can only be redeemed in the period starting 360 days after you made your first transaction using the card terminal provided to you (“First Transaction Date”) and ending 420 days after the First Transaction Date. Any attempts to redeem the Offer (i) outside of such time period; (ii) if your accounts with XEPAY are in arrears; and/or (iii) if you are no longer a transacting Customer at the point of redemption will be refused.
- Any payment due upon successful redemption of the Offer shall be paid directly into the bank account of the Customer, being the account linked to the direct debit authority provided to XEPAY, within 30 days of XEPAY confirming in its sole discretion that such amount is due and payable. Payment of any amount to the Customer in connection with the Offer shall be conditional upon the Customer remaining a transacting customer of XEPAY on the due date for payment.
- Employees or contractors of XEPAY, its group companies or their family members, or anyone else connected with the Offer shall not be eligible to redeem the Offer.
- Participants in the Offer shall be deemed to have accepted these Terms and Conditions.
- XEPAY accepts no responsibility for applications for redemption of the Offer that are delayed, misdirected or incomplete or cannot be processed for any technical or other reason.
- The Offer is non-exchangeable and non-transferable. The Offer cannot be combined with any other promotional offer and may only be used once per Customer.
- XEPAY reserves the right to amend, suspend or withdraw the Offer at any time for any reason and to amend these Terms and Conditions at any time without notice, in each case at the sole discretion of XEPAY. Any decision made by XEPAY in connection with the Offer will be final.
- This offer is only available on contracts with a minimum term of 36 months.
- XEPAY reserves the right to refuse to redeem the Offer in its sole discretion, including if it has reasonable grounds to believe that there has been a breach of these Terms and Conditions, a misuse of our intellectual property rights (including XEPAY trademarks and/or materials), any misrepresentation, abuse of the Offer or any illegal or criminal activity including fraud in connection with the Offer.
- The Offer will be governed by English law and participants submit to the exclusive jurisdiction of the English courts.
- Promoter: XEPAY Limited, The Exchange, Haslucks Green Road Shirley Birmingham B90 2EL
- For assistance please contact a member of the Customer Service Team at firstname.lastname@example.org
- Please note that more than one offer can be used at the same time. They do not work in conjunction with each other and therefore cannot also be used multiple times.
XE PAY Challenge Terms and Conditions:
- This “Price Challenge” is available until August 30th 2021
- You agree to be bound by these terms and conditions and confirm that all information provided is accurate, up-to-date and complete.
- Businesses do not qualify for the “Price Challenge” if their pricing is below current interchange costs as published by the card schemes.
- In order to qualify for the “Price Challenge” our services must be provided (and be able to be provided) on a like for like basis.
- The “Price Challenge” is not available to customers who are currently on a package deal or are taking an All Inclusive Bundle package from XE PAY.
- The £500 will only be paid to a participating business if we cannot offer an overall saving per annum after having received and renewed copies of the merchant statements from the prior twelve months; (this must include the terminal rental, card processing fees (MCS), minimum monthly service charge (MMSC), PCI DSS fees (including non-compliance fees), faster settlement fees, any membership cost if applicable, authorisation fees, payment gateway fees and any other associated fees).
- Should we successfully reduce your costs but you are subsequently declined for a facility by EVO PAYMENTS or XONDER you will not qualify for this offer.
- XE PAY reserves the right to verify the eligibility of all claims and may, in its sole discretion, refuse to pay the “Price Challenge” fee if the customer fails to satisfy eligibility requirements or gives false or misleading information.
- XEPAY does not accept any liability for lost or delayed payments
- The decision of XE PAY is final and no dispute will be entered into.
- The “Price Challenge” is not available to existing XE PAY or EVO Payments customers
- The customer will allow a 30 day period for their bill to be analysed although normally it will be done quicker
- The “Price Challenge” cannot be taken more than once by any merchant
- By entering into the “Price Challenge” you agree to be included in XE PAY’s promotional material
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*Standard contract terms are 18 months. Flexible contracts available on request. All rates quoted on our website are for UK personal debit / credit cards only and do not include international / commercial and non secure transactions which are charged at a higher rate.