Terms and conditions
Last modified: September 1st, 2024
1. Introduction
Welcome to PayTech Link (“we,” “us,” or “our”). These Terms and Conditions (“Terms”) govern the use of our services, including any content, functionality, and services offered on or through our website and any associated services (collectively, the “Services”). By accessing or using our Services, you agree to be bound by these Terms.
If you do not agree to these Terms, please do not use our Services.
2. Definitions
“Referral Agency”: PayTech Link, is the trading name of a sole trader operating under the laws of Malta, having its office at 27/8 Cannon Road, Santa Venera, Malta.
“Partner”: The business or individual that enters into an agreement with PayTech Link to receive referrals or other related services.
“Referred Entity”: The third-party service provider, typically in the payments or banking industry, to whom PayTech Link introduces the Partner.
“Services”: The referral services and any other services provided by PayTech Link to the Partner.
“Agreement”: The contract between PayTech Link and the Partner, including these Terms and any other documents referenced herein.
3. Services
3.1 Scope of Services
PayTech Link agrees to introduce the Partner to Referred Entities that may offer services of interest to the Partner. PayTech Link’s role is limited to making such introductions; it does not guarantee the suitability, performance, or reliability of the Referred Entities.
3.2 Non-Exclusivity
PayTech Link provides its Services on a non-exclusive basis. The Partner is free to seek similar services from other providers, and PayTech Link may provide services to other partners.
3.3 No Warranty
PayTech Link does not warrant that any Referred Entity will agree to provide services to the Partner or that any terms offered by a Referred Entity will be favourable to the Partner.
4. Fees and Payment
4.1 Referral Fees
The Partner agrees to pay PayTech Link a referral fee, as specified in the Agreement, for any successful introduction that results in a business relationship between the Partner and a Referred Entity.
4.2 Payment Terms
Referral fees are payable within [number] days of the Partner entering into an agreement with a Referred Entity. All payments must be made in [currency] by bank transfer to the account designated by PayTech Link.
4.3 Late Payments
Any overdue payments will incur interest at a rate of [percentage]% per annum, calculated daily from the due date until the date of actual payment.
5. Partner Obligations
5.1 Accuracy of Information
The Partner agrees to provide accurate, current, and complete information to PayTech Link and to update such information as necessary.
5.2 Cooperation
The Partner agrees to cooperate with PayTech Link in all matters relating to the Services and to provide any documentation or information reasonably requested by PayTech Link in a timely manner.
5.3 Confidentiality
The Partner agrees to keep confidential any information disclosed by PayTech Link or a Referred Entity that is designated as confidential or that ought reasonably to be considered confidential.
5.4 Quality of Services
Partners are responsible for ensuring that the services they offer to Referred Entities are of high quality, compliant with applicable laws and regulations, and meet the agreed-upon standards. PayTech Link does not bear responsibility for the performance or outcomes of services provided by Partners to Referred Entities.
6. Obligations of Referred Entities
6.1 Payment of Fees
Referred Entities agree to pay PayTech Link a referral fee or any other agreed fee as specified in the Agreement between PayTech Link and the Referred Entity. Payments must be made before PayTech Link actual does the final referral to the Partner.
6.2 Timely Collaboration
Referred Entities must collaborate with PayTech Link in a timely and professional manner, including responding promptly to requests for information, attending scheduled meetings, and providing necessary documentation or feedback to facilitate the introduction process.
6.3 Confidentiality
Referred Entities must maintain the confidentiality of any information disclosed by PayTech Link or any Partner that is designated as confidential or that ought reasonably to be considered confidential.
6.4 Compliance with Laws
Referred Entities must comply with all applicable laws and regulations in relation to the services they provide to Partners. Any breach of such laws or regulations shall be the sole responsibility of the Referred Entity.
6.5 Indemnity
Referred Entities agree to indemnify, defend, and hold harmless PayTech Link and its directors, officers, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses (including legal fees) arising out of or in connection with the Referred Entity’s services or any breach of these Terms.
7. Term and Termination
7.1 Term
These Terms shall commence on the date the Partner or Referred Entity agrees to them and shall continue until terminated by either party in accordance with these Terms.
7.2 Termination by the Partner
The Partner may terminate the Agreement at any time by providing 30 days’ written notice to PayTech Link.
7.3 Termination by PayTech Link
PayTech Link may terminate the Agreement immediately if the Partner or Referred Entity fails to comply with any of its obligations under these Terms.
7.4 Effects of Termination
Upon termination of the Agreement, the Partner and/or Referred Entity shall immediately pay any outstanding fees owed to PayTech Link.
8. Limitation of Liability
8.1 No Liability for Referred Entities
PayTech Link shall not be liable for any loss or damage arising from the acts or omissions of any Referred Entity, including but not limited to any loss of profits, business interruption, or other consequential or special damages.
8.2 Limitation of Liability
To the fullest extent permitted by law, PayTech Link’s total liability to the Partner or Referred Entity for any claim arising out of or in connection with the Services or these Terms shall not exceed the total amount of fees paid by the Partner or Referred Entity to PayTech Link in the preceding two months.
9. Indemnity
The Partner and Referred Entities agree to indemnify, defend, and hold harmless PayTech Link and its directors, officers, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses (including legal fees) arising out of or in connection with the use of the Services or breach of these Terms.
10. Data Protection
PayTech Link will process any personal data in accordance with its Privacy Policy and applicable data protection laws. By using the Services, the Partner and Referred Entities consent to such processing and warrant that all data provided is accurate and lawful.
11. Disclaimer on Financial Advice
11.1 No Financial Advice
PayTech Link does not provide financial, legal, or investment advice. Any information or recommendations provided by PayTech Link should not be considered as financial advice, and the Partner or Referred Entity should not rely on any such information or recommendations for financial decision-making.
11.2 Independent Assessment
The Partner and Referred Entities are advised to seek independent professional advice before making any financial decisions or entering into any agreements with each other or with PayTech Link. PayTech Link shall not be considered a financial expert or advisor.
12. Governing Law and Jurisdiction
12.1 Governing Law
These Terms and the Agreement shall be governed by and construed in accordance with the laws of Malta.
12.2 Jurisdiction
Any disputes arising under or in connection with these Terms or the Agreement shall be subject to the exclusive jurisdiction of the courts of Malta.
13. Miscellaneous
13.1 Entire Agreement
These Terms, together with the Agreement, constitute the entire agreement between the parties and supersede any prior agreements or understandings, whether written or oral, relating to the subject matter hereof.
13.2 Amendments
No modification or amendment of these Terms shall be effective unless in writing and signed by both parties.
13.3 Assignment
The Partner or Referred Entity may not assign or transfer any of its rights or obligations under these Terms without the prior written consent of PayTech Link.
13.4 Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
13.5 Notices
All notices required or permitted under these Terms shall be in writing and shall be deemed delivered when delivered in person, by courier, by email with receipt confirmation, or by registered mail to the addresses specified in the Agreement.
By engaging with our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. If you have any questions, contact us at info@paytechlink.com.