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Terms and Conditions

1. General provisions

These General Terms of Use (the “Terms”) govern the use of the Paylink.mk Platform (“Paylink.mk”) by natural and legal persons who use the platform to enable electronic collection of payments for products and services through digital means of payment.

Paylink.mk is a technical e-commerce payments platform that enables the creation and use of payment links, QR codes and other digital solutions that facilitate electronic payments.

Paylink.mk is operated by Blutek Communications, with its registered office at Dame Gruev 7/9-3, company registration number 6824196 and tax number MK4032012519218 (the “Company”).

These Terms constitute a binding agreement between the Company and the Merchant and govern the rights and obligations arising from the use of the platform.

By registering for, accessing or using the Paylink.mk Platform, the Merchant confirms that it:

  • has read these Terms;
  • has understood their content and legal consequences;
  • agrees to comply with them in full;
  • has the legal right and authority to accept these Terms.

Where the Merchant is a legal entity, the person registering and accepting these Terms confirms that they are duly authorised to register and manage the Paylink.mk account on behalf of the legal entity and to accept these Terms on its behalf.

If the Merchant does not agree with these Terms, it must not use the Paylink.mk Platform.

2. Definitions

For the purposes of these Terms, the following terms have the following meanings:

“Paylink.mk” is a SaaS technical platform operated by Blutek Communications that facilitates electronic payments through various digital means.

“Platform” means the web application, the mobile application, the API integrations, the QR solutions, the payment links and all other functionality provided by Paylink.mk.

“Merchant” is a natural or legal person who has created a user account and uses the Paylink.mk Platform to collect payment for products or services.

“Buyer” is a person who makes, or intends to make, a payment to the Merchant through the Paylink.mk Platform.

“Service” covers all functionality and technical services that Paylink.mk makes available to the Merchant under these Terms.

“Payment Processor” is a bank, payment institution or other licensed payment service provider through which transactions are processed.

“Transaction” is any successful or unsuccessful payment, or attempt at payment, by the Buyer through the Paylink.mk Platform.

“Payment Link” is a unique URL or other digital means generated through Paylink.mk, through which the Buyer can make a payment.

“Permanent Payment Link” is a payment link that can be used repeatedly in accordance with the settings determined by the Merchant.

“Operator” is a person authorised by the Merchant to use certain functionality of the Paylink.mk Platform on the Merchant’s behalf, within the user rights assigned to them.

3. Registration and the Merchant account

To use the Paylink.mk Platform, the Merchant must create a user account and complete the registration procedure in accordance with the requirements of Paylink.mk.

On registration, the Merchant undertakes to provide accurate, complete and truthful information and to ensure that all documents submitted are valid and up to date.

The Merchant must notify Paylink.mk without undue delay of any change to the information provided on registration, or of any change that may affect the use of the platform.

Paylink.mk reserves the right, at its own discretion, to:

  • refuse a registration;
  • request additional information or documentation;
  • postpone the activation of a user account until the conditions for registration are met.

The Merchant is solely responsible for the confidentiality of its access credentials and for all activity carried out through its user account.

The Merchant may authorise Operators to use certain functionality of the Paylink.mk Platform within the user rights assigned by the Merchant. The Merchant is responsible for granting and revoking Operators’ access and for the activities they carry out through the Platform within the user rights assigned to them.

The access credentials of the Merchant and of the Operators are personal and must not be shared with or made available to other, unauthorised persons.

The Merchant must not assign, sell or transfer its user account, nor allow it to be used by unauthorised third parties. This restriction does not apply to Operators who are authorised by the Merchant and use their own access credentials in accordance with the functionality and the user rights assigned on the Paylink.mk Platform.

If the Merchant suspects that its user account or access credentials have been compromised, it must notify Paylink.mk immediately.

4. Description of the service

Paylink.mk is a SaaS technical platform that enables Merchants to create and manage payment requests through various digital means, including payment links, QR codes and other functionality available on the Platform.

The Platform enables:

  • the creation and management of payment links;
  • the creation of reusable payment links;
  • the use of QR codes and other digital means to facilitate payments;
  • the display and monitoring of transaction status;
  • other functionality that Paylink.mk may make available in the future.

Paylink.mk provides solely the SaaS technical infrastructure for facilitating electronic payments.

Paylink.mk:

  • is not a seller;
  • is not a buyer;
  • is not a party to the contractual relationship between the Merchant and the Buyer;
  • does not provide payment services;
  • is not a payment institution;
  • does not issue electronic money;
  • does not initiate, process or execute payment transactions.

All contractual relationships relating to the sale of products or services exist exclusively between the Merchant and the Buyer.

5. Legal compliance, KYC, AML and risk management

The Merchant represents and warrants that it conducts its business in accordance with the applicable laws and regulations and that it fulfils all legal, tax, regulatory and other obligations relating to its business.

The Merchant further represents and warrants that it:

  • holds all registrations, permits, licences or other authorisations required to conduct its business, where applicable;
  • has the right to offer, sell and deliver the products or services that are the subject of payment through the Paylink.mk Platform;
  • will not use the Paylink.mk Platform for activities that are prohibited by law, contrary to public order or contrary to these Terms;
  • will notify Paylink.mk without undue delay of any change that may affect the lawfulness of its business or its use of the platform.

In order to fulfil its legal and regulatory obligations, and to protect the platform and prevent abuse, Paylink.mk reserves the right, at any time, to:

  • request identification and additional documentation from the Merchant;
  • verify and re-verify the Merchant’s identity;
  • request additional information about transactions, products, services or business activities;
  • introduce additional security measures or restrictions;
  • temporarily restrict certain platform functionality;
  • refuse registration for, or use of, the platform;
  • suspend or terminate a user account in the event of suspicious activity, fraud, breach of these Terms or the existence of regulatory risk.

Paylink.mk may take these measures without prior notice where this is necessary to comply with applicable legal or regulatory requirements, to protect the Platform, to manage risk or to prevent fraud and abuse.

6. Obligations of the Merchant

The Merchant is fully responsible for the lawfulness of its business and for its use of the Paylink.mk Platform.

In particular, the Merchant undertakes:

  • to provide accurate, complete and up-to-date information;
  • to ensure that all information provided to Paylink.mk, as well as the information shown to Buyers through the Platform, is accurate and truthful;
  • to comply with the applicable laws and regulations;
  • to fulfil all tax, regulatory and other legal obligations;
  • to respect the rights of Buyers;
  • to deliver the products or services in accordance with the agreed terms;
  • to deal promptly with complaints, refund requests and other requests from Buyers;
  • not to undertake activities that could cause harm to Buyers, third parties or Paylink.mk.

The Merchant is liable for all damages, claims, costs and liabilities arising from its business or from its use of the Paylink.mk Platform.

7. Fair business practice

When using the Paylink.mk Platform, the Merchant undertakes to act honestly, conscientiously, professionally and in accordance with good business practice.

In particular, the Merchant undertakes:

  • not to mislead Buyers with inaccurate, incomplete or false information;
  • to state clearly and accurately the price, the description and the terms of sale of the products or services;
  • to deliver the products or services within a reasonable time or within the time previously communicated to the Buyer;
  • to communicate with Buyers in a timely manner;
  • to act conscientiously when resolving complaints, warranty claims and refund requests;
  • not to undertake activities that could undermine the trust, standing or reputation of the Paylink.mk Platform.

Failure to comply with the obligations in this article constitutes grounds for restricting, suspending or terminating the use of the platform.

8. Relationship with Buyers

The Merchant is solely responsible for its relationship with Buyers and for fulfilling all obligations arising from the sale of the products or services.

In particular, the Merchant is responsible for:

  • the accuracy of the information about the products and services;
  • the prices, the terms of sale and the availability of the products or services;
  • the delivery of the products or services;
  • the fulfilment of warranty obligations;
  • dealing with warranty claims, complaints and refund requests;
  • respecting the rights of Buyers under the applicable laws.

Paylink.mk is not a party to the contractual relationship between the Merchant and the Buyer and assumes no contractual obligations towards Buyers.

By accepting these General Terms, the Merchant expressly agrees that any refund by the Merchant of the price of products or services sold to Buyers shall not affect the fee due to Paylink.mk for the service it provides to the Merchant under Annex 1, and that the Merchant has no right to claim a return of the Paylink.mk fee on any grounds.

All disputes arising from the sale of the products or services are resolved exclusively between the Merchant and the Buyer.

9. Payments and flow of funds

Paylink.mk provides solely the SaaS technical infrastructure that enables electronic payments to be initiated and facilitated.

All payments made through the payment solutions available on the Paylink.mk Platform:

  • are processed through licensed banks and/or payment processors;
  • are subject to the rules and terms of the relevant bank, payment processor or card scheme;
  • may be subject to additional checks in accordance with the applicable regulations and the internal rules of the banks and payment processors.

Paylink.mk:

  • does not hold funds;
  • has no access to the funds;
  • does not dispose of the funds;
  • does not guarantee successful authorisation or completion of a transaction.

Paylink.mk is not liable for:

  • declined or failed transactions;
  • delays in the processing or settlement of funds;
  • restrictions or decisions made by banks, payment processors or card schemes;
  • interruptions in the operation of third parties involved in processing the payments.

By way of exception to paragraph 3, indents 1 to 3 of this Article, Paylink.mk may, where objective technical reasons require it, receive funds that the Merchant is due to receive from the Buyer. In that case, Paylink.mk transfers those funds to the Merchant’s account as soon as possible, after withholding its fee in accordance with Annex 1 to these General Terms. By accepting the General Terms, the Merchant expressly declares that it agrees to this, and that this can in no way give rise to any liability of Paylink.mk towards the Buyer for the Merchant’s products or services, nor to any liability that the Merchant bears under the provisions of these General Terms.

The fees for using the platform are set in accordance with Annex 1 or with an individual agreement between Paylink.mk and the Merchant.

10. Refunds, complaints and chargebacks

The Merchant is solely responsible for dealing with:

  • refund requests;
  • warranty claims;
  • complaints;
  • chargeback procedures;
  • all other claims relating to the products or services.

The Merchant undertakes to deal with such requests in a timely manner, in accordance with the applicable laws, the rules of the banks and payment processors, and its own sales policies.

Paylink.mk:

  • does not make refunds;
  • does not mediate in the resolution of disputes;
  • does not decide on the merits of complaints or refund requests;
  • has no obligation to take part in mediation, arbitration or any other procedure between the Merchant and the Buyer.

All financial consequences arising from refunds, chargebacks, complaints or other claims relating to the sale are the sole responsibility of the Merchant.

11. Prohibited use

The Merchant must not use the Paylink.mk Platform for:

  • fraudulent or unlawful activities;
  • the sale of products or services whose sale is prohibited or restricted under the applicable laws;
  • activities relating to money laundering, terrorist financing or other unlawful financial activities;
  • providing inaccurate, false or misleading information;
  • misuse of payment instruments;
  • activities that may result in an excessive number of complaints, refunds or chargeback procedures;
  • activities that may undermine the trust, security or reputation of the Paylink.mk Platform.

The Merchant undertakes to use the platform exclusively in accordance with the applicable laws and regulations.

In the event of a breach of these Terms, Paylink.mk has the right, at its own discretion and without prior notice, immediately to:

  • restrict the use of the platform;
  • suspend the user account;
  • terminate the use of the platform;
  • notify the competent public authorities of any potential abuse; and
  • refuse future registrations or reactivation of the account.

12. Availability of the platform

Paylink.mk will make reasonable efforts to ensure the stable, secure and uninterrupted operation of the Platform.

However, Paylink.mk does not guarantee that the Platform will be continuously available or that its operation will be free of interruptions, errors or delays.

Paylink.mk is not liable for temporary unavailability of the platform resulting from:

  • planned or emergency maintenance;
  • technical faults;
  • interruption of telecommunication or internet services;
  • problems at banks, payment processors or other third parties;
  • cyber attacks or security incidents;
  • force majeure or other circumstances beyond the reasonable control of Paylink.mk.

In the event of an interruption or disruption of the platform, Paylink.mk will make reasonable efforts to restore its normal operation in a timely manner.

13. Limitation of liability

To the maximum extent permitted by the applicable law, Paylink.mk is not liable for:

  • indirect, consequential or incidental damage;
  • loss of profit, revenue, business opportunities or reputation;
  • damage arising from the relationship between the Merchant and the Buyer;
  • damage caused by the acts or omissions of banks, payment processors or other third parties;
  • damage arising from inaccurate information provided by the Merchant;
  • damage caused by unlawful or improper use of the platform.

By accepting these Terms, the Merchant confirms that Paylink.mk provides solely a technical platform and that, except where mandatory legal provisions provide otherwise, it will not be liable for damage arising from the use of the platform.

If a Buyer or a third party brings a claim against Paylink.mk arising from the Merchant’s business, the Merchant undertakes to assume liability and to indemnify Paylink.mk for all well-founded claims, damages, costs and expenses arising from such a claim.

The total liability of Paylink.mk, if any, is limited to the amount of the fees that the Merchant paid to Paylink.mk for the specific transaction from which the claim arises.

14. Indemnification

The Merchant undertakes to indemnify, defend and hold harmless Paylink.mk, its affiliated companies, managers, employees and associates from all claims, proceedings, damages, losses, costs and expenses, including reasonable legal and court costs, arising from or relating to:

  • the Merchant’s use of the platform;
  • a breach of these Terms;
  • a breach of the applicable laws and regulations;
  • an infringement of the rights of third parties;
  • complaints, refunds, chargebacks or other claims relating to the Merchant’s products or services.

This obligation remains in force after the use of the platform has ended.

15. Personal data protection and confidentiality

Paylink.mk processes personal data only to the extent necessary to provide the services, to fulfil its legal obligations and to protect the legitimate interests of Paylink.mk.

Personal data is processed in accordance with the applicable personal data protection regulations and the Paylink.mk Privacy Policy.

The Merchant undertakes:

  • to process Buyers’ personal data in accordance with the applicable laws;
  • to use the data exclusively for lawful purposes;
  • to take appropriate technical and organisational measures to protect it.

Each party must keep confidential all information obtained from the other party, unless its disclosure is required by law or by a competent authority.

16. Intellectual property

All intellectual property rights relating to the Paylink.mk Platform, including its software, source code, algorithms, functionality, user interface, design, graphic elements, databases, trademarks, logos, business name, documentation and other content, are the exclusive property of the Company or of its licensors.

By using the platform, the Merchant acquires no ownership rights or other intellectual property rights, other than the limited right to use the platform in accordance with these Terms.

Without the prior written consent of Paylink.mk, the Merchant has no right to:

  • copy;
  • modify;
  • reproduce;
  • distribute;
  • decompile;
  • reverse engineer;
  • use parts of the platform to develop similar products or services.

17. Suspension, restriction and termination of use

Paylink.mk has the right, at its own discretion and without prior notice, to temporarily restrict, suspend or permanently terminate the ability to use the platform if:

  • the Merchant breaches these Terms;
  • there is a suspicion of fraud or abuse;
  • there is a regulatory, security or operational risk;
  • this is ordered by a competent authority, bank or payment processor;
  • the Merchant does not provide the requested documentation within a reasonable time;
  • there is a significant increase in the risk relating to the Merchant’s business.

Paylink.mk may set conditions for reactivating the user account, including the submission of additional documentation or the successful completion of additional checks.

Termination of the use of the platform does not release the parties from obligations which by their nature continue to apply after the contractual relationship has ended.

18. Changes to the Terms

Paylink.mk reserves the right to amend or supplement these Terms at any time where this is necessary because of:

  • changes in the legal or regulatory framework;
  • the introduction of new functionality or services;
  • improvements to the security of the platform;
  • alignment with the requirements of banks, payment processors or other business partners;
  • other justified business reasons.

Amendments take effect when they are published on the Paylink.mk Platform or communicated in another appropriate manner.

Continued use of the platform after the amendments take effect is deemed acceptance of them.

19. Force majeure

Paylink.mk will not be liable for failure or delay in fulfilling its obligations where this results from events that could not reasonably have been foreseen, prevented or avoided.

The following in particular are considered force majeure:

  • natural disasters;
  • fires;
  • floods;
  • earthquakes;
  • acts of war;
  • terrorist acts;
  • strikes;
  • power outages;
  • interruption of telecommunication services;
  • large-scale cyber attacks;
  • actions of public authorities;
  • other circumstances beyond the reasonable control of Paylink.mk.

20. Final provisions

If any provision of these Terms is declared void, unlawful or unenforceable, this will not affect the validity and enforceability of the remaining provisions.

Failure by Paylink.mk to exercise, or to exercise in good time, any right does not constitute a waiver of that right.

Paylink.mk may transfer its rights and obligations arising from these Terms to an affiliated company, a legal successor or another entity without the Merchant’s consent.

The Merchant may not transfer its rights or obligations arising from these Terms without the prior written consent of Paylink.mk.

These Terms, together with the Privacy Policy, the Cookie Policy, Annex 1 and all other documents to which they refer, constitute the entire agreement between the Company and the Merchant regarding the use of the platform.

21. Governing law and jurisdiction

These Terms are governed by and construed in accordance with the laws of the Republic of North Macedonia.

The parties will endeavour to resolve all disagreements or disputes amicably.

If this is not possible, the court in Skopje with subject-matter jurisdiction has exclusive jurisdiction to resolve the dispute.

22. Contact

For all questions, support or further information relating to the use of the Paylink.mk Platform, Merchants can contact:

Paylink.mk | Powered by Blutek Communications

contact@Paylink.mk

www.Paylink.mk

ANNEX 1 – Fees

This Annex sets out the fees for using the Paylink.mk Platform.

The fees stated in this Annex are for information only and may be changed, or agreed differently, by an individual agreement, commercial offer or other contractual document between Paylink.mk and the Merchant.

In the event of a conflict between this Annex and the individual agreement, the individual agreement prevails.

Paylink.mk reserves the right to change the fees in accordance with these Terms and/or the individual agreement with the Merchant.

Indicative price list:

The standard fee for using the Paylink.mk Platform is: 3% of the transaction amount + 30 MKD per successful transaction.