Term & Condition

Welcome to FidyPay. By using our platform or services, you agree to our Terms and Conditions.
Please read them carefully. If you disagree, refrain from using our platform.

Scope of Application

  • These General Terms and Conditions shall apply to all contracts entered between FidyPay and a CLIENT for services to be rendered by FidyPay, unless otherwise provided for an individual agreement.
  • These provisions shall apply exclusively to business transactions with companies.
  • The contract shall be formed with the inclusion of these General Terms and Conditions.
  • These General Terms and Conditions shall apply exclusively. Contrary or varying terms and conditions of a CLIENT shall not be part of the contract and not be recognized unless FidyPay has expressly consented to their application. This shall also apply if FidyPay performs its services without reservation knowing of the contrary or varying terms and conditions of the contracting partner.

Scope of Services, Rendering of Services

  • Type, content and scope of services to be rendered by FidyPay are set forth in the contract and the specifications of service and/or product by FidyPay underlying the respective contract.
  • In case of doubt, statements by employees of FidyPay or third parties as well as advertising statements shall only constitute a claim of the owed performance only if they have been confirmed in writing by FidyPay. In case of doubt, statements regarding the quality of the contractual services shall constitute a guarantee only if they have been expressly designated as such.
  • FidyPay shall be authorized to change and adjust the content of its services, in particular of software made available within the scope of technological, user interface or content enhancements, provided that the agreed functionalities are not restricted or impaired.
  • The Parties have agreed that FidyPay shall be entitled to subcontract the development of the contracted Payment-Systems in parts and/or the adjustment of software components of which the contractual Payment-Systems are composed of or are connected to, to third parties providing commissioned development work and which do not perform payment services, without being obliged to inform the CLIENT.However, FidyPay shall only subcontract the development of the contracted Payment Systems in parts and/or the adjustment of software components of which the contractual Payment Systems are composed of or are connected to, to third parties, if the CLIENT’s interests in regard to security and confidentiality are safeguarded to the customary industry standard extent.Provided FidyPay safeguards CLIENT’s well-understood interests, FidyPay may assign contractual duties or specific tasks to its group without previous consent by CLIENT; in particular, such group companies are not third parties but part of FidyPay for the purpose of subcontracting development tasks. However, in all these cases FidyPay shall remain responsible to CLIENT for fulfilling the respective contractual duties.

Payment Terms

  • All fees and other invoice items are invoiced by FidyPay at the end of the calendar month for the expired calendar month.
  • An expense-dependent compensation will be calculated by FidyPay based on the payment transaction data and Fraud Control operations determined by FidyPay and shall be invoiced at the end of the month for the current month.
  • CLIENT shall pay the invoice amounts due immediately after receipt of the invoice without discount to the account stated in the invoice.
  • CLIENT must notify FidyPay in writing within six (6) weeks after the receipt of the invoice of any objections to such (“Objection Period”). After the expiration of the Objection Period, the invoice shall be deemed approved by CLIENT. On the invoice, FidyPay shall refer to the Objection Period and to the consequences of belated objections.
  • The general rule shall be: Offsets against accounts receivable of FidyPay are only allowed against uncontested or finally adjudicated counterclaims. In case of the existence of defects, CLIENT is only entitled to withhold payment to the extent the withheld amount does not exceed the lower of the value of the service affected by the defect or the expected.
  • In case of transaction failure Refund will be made to customers account within 15 days from the date of transaction. Mode of Refund will be in the same account from which it is being charged.

Late Payment

  • If CLIENT is in default with payment of two consecutive monthly invoices, FidyPay shall be entitled to block access to the performances that are subject of the contract. CLIENT shall in this case continue to be obligated to pay the agreed, use-independent compensation.
  • If CLIENT has been in default for two consecutive months with the payment of the respective monthly invoices or within a period that extends over more than two months with the payment of compensation in an amount that reaches the agreed use-independent compensation for two months FidyPay shall be entitled to terminate the contract without prior notice and to demand immediate payment of lump-sum damages in an amount of twice the remaining use-independent compensation for the remaining regular contract term. The damage amount shall be higher or lower depending on whether FidyPay proves higher or CLIENT proves lower damages. FidyPay reserves the right to assert additional damages for default.

Cancellation & Return Policy

  • Operators may change their cancellation policy at any time.
  • Service tax amount wont be refunded back to the customers.
  • Please read the cancellation terms provided while booking the ticket against each travel operator.
  • If the customer cancels the bus booking, FidyPay will refund the purchase price after deducting the discount amount, and any other applicable bank and cancellation charges / penalty
  • Refunds processed for cancelled tickets will be transferred to the passenger’s bank account, debit / credit card.
  • Any refunds can happen within 3 to 7 working days.
  • Please note that the cancellation fee and cancellation period may differ from one bus operator to another
  • No refund will be processed for No-Show Passengers (Passenger who do not report at the boarding point on time).
  • Cancellation charges are applicable on Original fare but not on the Discounted Fare.Cancellation includes payment gateway charges also Operator may cancel the ticket at any time.If the service was cancelled,Passenger will be getting full refund.
  • Ticket cancellation can either be requested online or by phone at +91 85275 93989
  • Partial cancellation is not allowed.
  • For example: If customer book 3 seats as x,y,z in one ticket then He/she are not allowed to cancel single seat that may be x or y or z. customer is only allowed to cancel total ticket associated with all seats.

Terms and(of) Termination

  • The contract shall become effective upon its signing and shall have the contractually agreed term.
  • The possibility to terminate for cause shall remain unaffected. Cause exists if in view of all the circumstances of the individual case and weighing the interests of both parties the continuation of the contractual relationship until the end of the agreed term is unreasonable. Each party shall be entitled to terminate for cause in particular if:
  • The other party is or will be unable to pay or is over indebted, if insolvency proceedings have been instituted against it and have not be denied as unfounded or insolvency proceedings have been denied for lack of assets
  • The other party is in gross violation of contractual obligations and does not remedy the violation upon written request within a timeframe designated in the Agreement, or where none is stated, then within a reasonable period. A warning setting a deadline is not required if the continuation of the contract is unreasonable on account of the severity of the violation, if no success can be expected or the immediate termination appears justified weighing the mutual interests.

Grant of Rights

  • FidyPay shall be entitled to USE all use, know-how and other protected rights to the contract services. For the term of this contract FidyPay grants CLIENT a restricted, non-exclusive, non-transferable user right to the extent the user right is required for the agreed use of the services. In this context, the CLIENT is also entitled to grant the necessary options of use to its clients.

Duties and Responsibilities of CLIENTs

  • CLIENT shall be responsible that the prerequisites for rendering the services and the maintenance and monitoring of the services by FidyPay set forth in the specifications of service or product are met.
  • CLIENT shall be obligated to properly co-operate in the rendering of the contractually agreed services. In this context the special situation of software and IT services and projects must be considered, which in view of their regular high complexity and CLIENT focus require close and trusting co-operation between the contracting parties. The co-operation of CLIENT is therefore a material contract obligation. CLIENT shall provide all necessary pre-requisites for the rendering of the services by FidyPay that have been agreed on or that are within its sphere of influence.
  • Without being requested to do so and in a timely manner CLIENT shall notify FidyPay of all circumstances and events, which are relevant for the rendering of the agreed services.
  • CLIENT shall be exclusively responsible that the services offered by him comply with the applicable laws and other applicable provisions.
  • CLIENT shall take appropriate measures to prevent that his contract partners, in particular retailers, DO NOT abuse the services rendered by FidyPay for criminal purposes. CLIENT shall ensure that a contract partner shall not use the services rendered by FidyPay for illegal transactions, such as Money laundering or tax evasion.
  • Handling of transactions requiring a permit without the corresponding permit.
  • Distribution of child pornography.
  • Distribution of medication or medical products that have not been accredited.
  • In case claims are asserted by third parties against FidyPay and these claims are caused by a violation of duties of CLIENT, CLIENT shall hold FidyPay harmless from these claims and reimburse FidyPay for all damages incurred in connection with this including statutory – and if there is no statutory provision – market standard attorneys’ fees.

Availability of Service

  • FidyPay warrants the contractually agreed availability of service. However, this does not constitute a respective guarantee.
  • Pre-requisite for CLIENT’s claims in case of availability downtimes is always that CLIENT immediately notifies FidyPay of the downtime and – to the extent possible and reasonable – has documented this in an understandable manner so that FidyPay can check the cause of the respective downtime.
  • FidyPay is not liable for availability downtimes caused by force majeure. Theft, general Internet downtimes or other circumstances shall be treated as force majeure, if they are unforeseeable, severe and have not been caused by any fault of FidyPay. FidyPay shall, if this is possible and reasonable under the circumstances, immediately notify CLIENT about the occurrence of such an event. FidyPay shall do everything within its control to achieve a fast removal of such downtimes.
  • FidyPay shall not be liable for any availability downtimes caused by CLIENT, the telecommunication service provider, the access provider or the mobile phone provider of CLIENT or which are otherwise attributable to third parties within the sphere of CLIENT.

Warranty

  • FidyPay warrants that the services owed comply with the requirements described in the contract and the underlying specifications of services and/or product. In addition, FidyPay warrants that the services are connected to the Internet. In these Terms and Conditions, a warranty comprises the rights subject to “Warranty” according to Indian Law. In particular, no compensation for damages may be claimed without FidyPay’s fault, unless otherwise stipulated or provided for by Indian Law.
  • If the services owed by FidyPay deviate from those provided for in the contract, CLIENT shall immediately notify FidyPay of the defect with a detailed description of the defect and the circumstances under which it appeared. CLIENT shall, if possible, prepare and provide a screenshot of error reports and/or of the appearance of the defect to FidyPay. FidyPay shall remove the defect without undue delay. CLIENT shall use his best efforts in supporting FidyPay in such cases.

Confidentiality

  • The Parties to this Agreement shall treat confidential and shall neither exploit nor use nor make available to any third party without the disclosing Party’s prior written consent any information disclosed to the Party by the respective other Party under this Agreement as well as any data or know-how that it has received in the course of the Agreement’s execution about any matter – for example of technical, commercial or organizational nature, e.g. interfaces, computer programs and personal data – (jointly referred to as “Information”). The respective receiving Party shall in particular use the Information solely for the purposes of the Agreement’s execution and disclose the Information only to its employees, affiliates, affiliate’s employees, consultants or Agents that need to know the Information for the execution of the contractual duties, provided that these further recipients are bound by the receiving Party to maintain the secrecy of the Information to the same extent.
  • This confidentially obligation does not apply to information, which are shown to be generally known without violation of this confidentiality obligation have been known to the parties before receipt of the information, knowledge and experiences, been received from a third party without any obligation to confidentiality or are shown to have been independently developed.
  • No confidentiality obligation shall apply if and to the extent that information is required to be disclosed due to obligatory statutory provisions, final court or administrative order or business usual requirements during due diligence procedures. If such a request by a third party specifically seeks disclosure of the other Party’s information, the first Party shall make reasonable efforts (wherein permitted) to inform the other Party without undue delay of such request and allow it to defend itself against such disclosure.
  • The party relying on the above exceptions carries the burden of proof that the corresponding requirements are met.

Liability

  • The provisions below shall only apply to the extent that no differing liability regime has been agreed between the parties in the contract.
  • The further liability of FidyPay for damage claims is restricted in accordance with the following provisions unless a guarantee assumed by FidyPay provides otherwise:
  • FidyPay and FidyPay’s Agents are only liable for slight negligence if the damages have been caused by the violation of a material contract obliga-tion (cardinal duties). Cardinal duties are such contractual obligations whose performance is required for the proper implementation of the contract and upon whose compliance CLIENT could rely. To the extent FidyPay is liable for slight negligence, its liability is restricted to the typically foreseeable direct damages.
  • FidyPay is only liable for slight negligence if the damages have been caused by the violation of a material contract obligation (cardinal duties). Cardinal duties are such contractual obligations whose performance is required for the proper implementation of the contract and upon whose compliance CLIENT could rely. To the extent FidyPay is liable for slight negligence, its liability is restricted to the typically foreseeable direct damages.
  • The liability of FidyPay for damages caused by loss of data and/or programs lost by slight negligence is limited to the typical cost of restoration, which would have been incurred in case of regular and appropriate data backup by CLIENT.
  • The provisions of the above paragraph apply correspondingly to the limitation of damages for unsuccessful expenses.
  • The above liability restrictions shall also apply in favor of Agents of FidyPay.

Cooperation of Parties

  • The parties shall cooperate in the implementation of this contract in the spirit of trust.
  • Nothing in the contract shall constitute, nor be construed as creating a partnership, joint venture or agency relationship be-tween the Parties. Neither Party shall have the authority to act on behalf of the other without prior written consent of the other Party.
  • The Parties shall act in mutual consideration. They shall inform each other unrequested and in a timely manner about any circumstances and events coming to their knowledge having significance for the cooperation contemplated hereunder.

Support on Termination

  • In the event of the termination of the contractual relationship, regardless which Party gives notice of the termination – excluding the extraordinary termination of the contract for cause by FidyPay – and in all cases of consensual termination of the contract, FidyPay shall support the CLIENT to reasonable extent with services and supporting measures, to enable the CLIENT to have the contractual payment system operated by a third party.
  • Especially, FidyPay shall submit to a third party all data necessary for this purpose and at FidyPay’s hand within four weeks after notification of the termination, if such third party disposes of a server environment that is certified according to PCI-standard and fulfills all additional legal and regulatory requirements for the data transfer.
  • Pre-requisite for the data transfer is that the CLIENT submits to FidyPay the following information and documents: Name and contact data of the new operator, proof of its valid PCI-certification, detailed information, which data are required (“columns” of the .csv file).
  • FidyPay will make efforts that the data, being transferred from its own software platform to the software platform of the third party, are compatible to the structure of data of a third party’s software platform. FidyPay shall submit the data in .csv format.
  • The CLIENT shall compensate the services performed by FidyPay within this context on a time and expense dependent basis, based on a flat hourly rate of $150.00, VAT excluded.
  • FidyPay’s obligation to support the CLIENT pursuant to para. 1 expires, if the CLIENT does not name a third company complying with the requirements of para. 1 to which the data shall be submitted at the latest two weeks prior to the ending of the contract or, in the event of a justified extraordinary termination by the CLIENT, at the latest four weeks after receipt of the extraordinary termination.

Modifications of these General Terms and Conditions

  • Modifications of these Conditions shall be notified to the CLIENT in text form and any differences in regard to the version previously in force shall be particularly highlighted. The CLIENT may object to such modifications according to sect. 14.2
  • The CLIENT’s objection according to sect. 14.1 shall be directed to FidyPay via email to the address care@fidypay.com or in the written form and within 4 weeks after reception of FidyPay’s notification concerning the Condition’s modification (hereinafter , Modifications). To comply with the time limit, the objection must be received by FidyPay within the time limit.
  • If the CLIENT does not object in due form and time, the Modifications shall be deemed accepted and the modified Conditions shall become integral part of the contract. FidyPay Modification notice will expressly refer to this and to the form and term of the objection.
  • In the event of an objection in due form and time, the contract will remain in force in its unaltered version. In this case, FidyPay may terminate the contract for cause with a period of four weeks with a written notice to the CLIENT, if for FidyPay the adherence to the unmodified contract is economically or technically impossible or cannot reasonably be expected.

Final Provisions

  • There are no oral or written side agreements to the contract. Modifications or amendments of the contract, other than those subject to sect. 14 must be in writing to be effective. This also applies to the waiver of the written form requirement.
  • Claims under a contract between FidyPay and CLIENT may only be assigned with the prior written consent of the respective other party.
  • This contract is subject only to the laws of India excluding conflict of law rules and excluding the United Nations Convention on the International Law of Sales (CISG). Place of performance shall be Indore, India.
  • Indore, India shall be the exclusive venue for all current and future claims from a business relationship with merchants, public law legal entities or special public law funds. The same venue applies if CLIENT does not have a domestic general venue, moves his residence or usual place of abode to another country during the term of the contract or his residence or general abode is unknown at the time suit is filed.
  • The failure by either Party to claim or enforce any contractual right or provision shall not constitute a waiver of such right or provision.
  • If one or several of the provisions agreed on between the parties is invalid or shall become invalid, this shall not affect the validity of the remaining provisions. Instead of the invalid provision the parties shall be deemed to have agreed to a valid provision which, within the legally possible, comes as close as possible to the originally agreed purpose of the parties as to location, time, measurement and scope of application. Gaps in the contract shall be completed in accordance with what the parties would have agreed on in view of the factual and legal situation and the justified interests of the parties if they had been aware of the fact that the issue had to be provided for in the contract. This also applies if the invalidity of the provision results from the service or time (date or period) provided for in the contract. In that case a legally permissible service or time (date or period) shall be deemed to have been agreed on that comes as close as possible to the agreed on service or time. This clause does not apply to these General Terms and Conditions.
  • FidyPay is the brand name of the company Jambopay Express Pvt Ltd, registered in India under Companies Act, 1956. It’s operating through the portal www.fidypay.com

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