Stay focused on your business
Terms & conditions
[Version - January 2020]
- About AYA-Merchant
1.1. AYA-Merchant® is a trading name of AYA-Merchant Limited, a company incorporated under the laws of England and Wales with registration number 11516853 at registered address Gannock House, 15 Church Street, Tempsford, Bedfordshire, SG19 2AN.
- Your AYA-Merchant Account
3.1. Your AYA-Merchant Account is an electronic money account, which enables you to send and receive electronic payments.
3.2. Your AYA-Merchant Account is denominated in a currency of your choice, as selected by you from the currencies AYA-Merchant makes available from time to time. This will remain the currency of your AYA-Merchant Account for the duration of your agreement with us.
3.3. Subject to section 7, the electronic money held on your AYA-Merchant Account does not expire but it will not earn any interest.
3.4. You have the right to withdraw funds from your AYA-Merchant Account at any time. However, you may be required to confirm your identity beforehand. There is no minimum withdrawal amount but the funds on your AYA-Merchant Account must be sufficient to cover any applicable withdrawal fee. You can choose the method of withdrawal when submitting your withdrawal request.
3.6. The electronic money on AYA-Merchant Account belongs to the person or legal entity which is registered as the AYA-Merchant Account holder. No person other than the AYA-Merchant Account holder has any rights in relation to the funds held in AYA-Merchant Account, except in cases of succession. You may not assign or transfer your AYA-Merchant Account to a third party or otherwise grant any third party a legal or equitable interest over it.
3.7. Your AYA-Merchant Account may be subject to upload, payment and withdrawal limits, depending on your country of residence, the verification status of your AYA-Merchant Account and other factors used by us to determine such limits from time to time at our sole discretion.
- Opening Your AYA-Merchant Account
4.2. If you are an individual, you must be 18 years or older to use our services and by opening AYA-Merchant Account you declare that you are 18 years or older. This does not apply to products for which we set a different age limit. We may require at any time that you provide evidence of your age.
4.3. You may only open one AYA-Merchant Account unless we explicitly approve the opening of additional accounts.
4.4. You may only open an AYA-Merchant Account if it is legal to do so in your country of residence. By opening AYA-Merchant Account you represent and warrant to us that you’re opening of AYA-Merchant Account does not violate any laws or regulations applicable to you. You shall pay us the amount of any losses we incur in connection with your breach of this section.
4.5. All information you provide during the signup process or any time thereafter must be accurate and truthful. If you do not provide such information or cooperate as instructed by us within six (6) months of opening your AYA-Merchant Account or within such other deadline as we may notify to you at any time thereafter we may charge you an administration fee as displayed in the "Fees" section of the Website.
4.6. You may only add Payment Methods to your AYA-Merchant Account if you are the named holder of the account for that Payment Method. We take any violation of this requirement very seriously and will treat any attempt to add a Payment Method of which you are not the named holder as a fraudulent act.
4.8. Within 14 days of the date of opening your AYA-Merchant Account, you may close your AYA-Merchant Account at no cost by contacting Customer Service, however, if you have uploaded funds into your AYA-Merchant Account, you may be required to provide identification documents before being able to withdraw funds. Transactions and fees for transactions undertaken before you close your AYA-Merchant Account (including those transactions that are not revocable and have been initiated but not completed before closure of your AYA-Merchant Account) will not be refunded.
- Maintaining Your AYA-Merchant Account
5.1. You must ensure that the information recorded on your AYA-Merchant Account is always accurate and up to date and we shall not be liable for any loss arising out of your failure to do so. We may ask you at any time to confirm the accuracy of your information or to provide documents or other evidence.
5.2. We may contact you by e-mail or in other ways described in section 18 with information or notices regarding your AYA-Merchant Account. It is your responsibility to regularly check the proper functioning of your email account or other methods of communication that you have registered with your AYA-Merchant Account and to retrieve and read messages relating to your AYA-Merchant Account promptly. We shall not be liable for any loss arising out of your failure to do so.
5.3. Fund uploads, payments received, payments sent and fund withdrawals are displayed in your online transactions history together with the date of receipt or transmission (the debit value date), the fees charged and, where applicable, any exchange rate used. Each transaction is given a unique transaction ID and shown in the transaction history. We will not alter or amend information displayed in your online transaction history. You should quote this transaction ID when communicating with us about a particular transaction. You should check your AYA-Merchant Account balance and transaction history regularly. You should report any irregularities or clarify any questions you have as soon as possible by contacting Customer Service.
5.4. We will send you an e-mail notification to the e-mail address used when registering for your AYA-Merchant Account (as updated from time to time by you) every month reminding you to log into your AYA-Merchant Account and download and/or print a copy of your transaction history.
5.5. Subject to the provisions of section 8 below and without prejudice to the provisions of section 9.5(A), in order to claim a refund for an unauthorised or incorrectly executed payment transaction on your AYA-Merchant Account you must notify us without undue delay after becoming aware of the unauthorised or incorrect transaction and in any event no later than thirteen (13) months after the debit date of the transaction.
- Keeping Your AYA-Merchant Account Safe
6.1. You must take all reasonable steps to keep your AYA-Merchant Account password and any other security features safe at all times and never disclose them to anyone. Our personnel will never ask you to provide your password to us or to a third party. Any message you receive or website you visit that asks for your password or other security features, other than the AYA-Merchant Website or AYA-Merchant payment gateway on a merchant website, should be reported to us. If you are in doubt whether a website is genuine, you should contact Customer Service. It is advisable to change your password regularly (at least every three (3) to six (6) months) in order to reduce the risk of a security breach in relation to your AYA-Merchant Account. We also advise you not to choose a password that is easily guessed from information someone might know or gather about you or a password that has a meaning. Except as stated in section 9.A, you must never allow anyone to access your AYA-Merchant Account or watch you accessing your AYA-Merchant Account. You must comply with the security procedures we tell you about from time to time.
6.2. If you have any indication or suspicion of your AYA-Merchant Account, login details, password or other security feature being lost, stolen, misappropriated, used without authorisation or otherwise compromised, you are advised to change your password. You must contact Customer Service without undue delay on becoming aware of any loss, theft, misappropriation or unauthorised use of your AYA-Merchant Account, login details, password or other security features. Any undue delay in notifying us may not only affect the security of your AYA-Merchant Account but may result in you being liable for any losses as a result where your failure to notify us is intentional or grossly negligent. If you suspect that your AYA-Merchant Account was accessed by someone else, you should also contact the police and report the incident.
6.3. We may suspend your AYA-Merchant Account or otherwise restrict its functionality on reasonable grounds relating to the security of the AYA-Merchant Account or any of its security features or if we reasonably suspect that an unauthorised or fraudulent use of your AYA-Merchant Account has occurred or that any of its security features have been compromised. We will notify you of any suspension or restriction and of the reasons for such suspension or restriction in advance or, where we are unable to do so, immediately after the suspension or restriction has been imposed, unless notifying you would be unlawful or compromise our reasonable security interests. We will lift the suspension and/or the restriction as soon as practicable after the reasons for the suspension and/or restriction have ceased to exist.
6.4. If we think your AYA-Merchant Account is at risk of fraud or a security threat, we will use the fastest and most secure way of contacting you using the details you have provided to tell you what you need to do to help deal with that risk.
6.5. You must take all reasonable care to ensure that your e-mail account(s) are secure and only accessed by you, as your e-mail address may be used to reset passwords or to communicate with you about the security of your AYA-Merchant Account. In case any of the e-mail addresses registered with your AYA-Merchant Accounts are compromised, you should without undue delay after becoming aware of this contact Customer Service and also contact your e-mail service provider.
6.6. Irrespective of whether you are using a public, a shared or your own computer to access your AYA-Merchant Account, you must always ensure that your login details are not stored by the browser or cached or otherwise recorded. You should never use any functionality that allows login details or passwords to be stored by the computer you are using.
6.7. Additional products or services you use may have additional security requirements and you must familiarise yourself with those as notified to you.
- Closing Your AYA-Merchant Account
7.1. You may close your AYA-Merchant Account at any time by contacting Customer Service. Fees relating to ongoing management of inactive accounts will also continue to be charged following closure of your Account. This provision shall survive termination of the relationship between you and us.
7.2. If your AYA-Merchant Account holds a balance at the time of its closure, we will ask you to withdraw your funds within a reasonable period of time, during which your AYA-Merchant Account will be accessible for the purpose of withdrawing the remaining balance only. After the expiry of this period you will not be able to access your AYA-Merchant Account but you may withdraw any remaining funds by contacting Customer Service and requesting that the funds are sent to you in a manner that is reasonably acceptable for us. If you want to access your transaction history after the closure of your AYA-Merchant Account, you will need to contact Customer Service and request the information, You may do so for a period of six years from the date of closure of your AYA-Merchant Account but we suggest that you withdraw your remaining funds as soon as possible as they will not earn any interest while in your AYA-Merchant Account. Your obligations with regards to keeping your AYA-Merchant Account safe as set forth in section 6 shall continue to apply.
7.3. We reserve the right to carry out any necessary money laundering, terrorism financing, fraud or other illegal activity checks before authorising any withdrawal of your funds, including in relation to returning any funds to you after you have closed your AYA-Merchant Account.
- Uploading Funds
8.1. You can upload funds by visiting the Website, logging into your AYA-Merchant Account and following the relevant upload instructions. You may be presented with a number of different upload methods, depending on which Payment Methods you have added to your AYA-Merchant Account and which Payment Methods are available in your country of residence. Upload methods are payment services provided by third party financial institutions (for example, the issuer of the payment card you use to upload funds or third party direct banking service providers) and are not part of our service. We do not guarantee the use of any particular upload method made available, and may make changes to or discontinue the acceptance of any particular upload method at any time without following the procedure set out in section 17. Notwithstanding section 8.7 below, we shall not be responsible for the upload payment until the uploaded funds are received by us.
8.2. You may be asked to answer security questions or to complete other activities that we or the payment service provider you use to upload funds to your AYA-Merchant Account may reasonably require to ensure proper authorisation of an upload transaction.
8.4. You may allow a merchant that you wish to pay through us on a regular basis (e.g. for a subscription service) to debit your AYA-Merchant Account for each recurring payment. In this case you authorise us to debit the Payment Method (e.g. your credit card or bank account) which you used to make the original payment also for each subsequent payment. In order to cancel recurring payments for the future, you should (a) contact us and (b) notify the merchant from which you have purchased the goods or services that you have cancelled the recurring payment. You should not cancel or otherwise reverse such recurring transactions by simply contacting the issuer / account provider of the Payment Method (e.g. your credit card provider or bank) without following the cancellation steps mentioned in this section 8.4. Subject to section 8.5, we will not be liable for any recurring payment(s) that are made before you have notified us of the cancellation and if your AYA-Merchant Account balance goes into negative balance as a result of such payment(s), you will be liable to repay such amount to us.
8.5. We will refund any past recurring payment(s) initiated by or through the merchant provided that (a) the original authorisation given to us or the merchant did not specify the exact amount of the payment and (b) the amount of the payment exceeded the amount that you could reasonably have expected taking into account your previous spending pattern and the circumstances of the case. You must request such a refund within eight weeks from the date the funds were debited from your AYA-Merchant Account. You agree to provide us with such information as is reasonably necessary to ascertain whether the conditions for a refund described in this section 8.5 are satisfied. Within ten (10) Business Days of receiving a request for a refund or, where applicable, of receiving any further information we requested from you, we will either refund the full amount of the payment or provide you with justification for refusing to refund the payment indicating that you have a right to refer the matter to the Financial Ombudsman Service (details in section 21) if you do not accept the justification provided.
8.7. Uploaded funds will be credited to your AYA-Merchant Account after the funds have been received by us. Some upload transactions, such as those by credit or debit card, direct debit or direct banking will be credited to your AYA-Merchant Account immediately, but are subject to reversal if the actual funds do not reach us within a reasonable time in which case we will deduct such reversed transaction from the balance of your AYA-Merchant Account. If your AYA-Merchant Account balance is insufficient, we reserve the right to require repayment from you.
8.8. For the purposes of an upload transaction through a Payment Method, we are an e-money issuer and will issue e-money in exchange for the uploaded funds. We will not be acting as a payment service provider when receiving such funds.
8.9. You must not make an upload through a Payment Method if you are not the named holder of that Payment Method. We take any violation of this requirement very seriously and will treat any attempt to use a Payment Method of which you are not the named holder as a fraudulent act.
8.10. Uploads may be subject to upload limits due to security and legal requirements. These limits are set dynamically depending on your verification status and the upload method you want to use. You should be aware that depending on your verification status your upload limits may be higher than your withdrawal or spending limits. You can view these limits at any time in the relevant section of your AYA-Merchant Account profile.
8.11. Uploads are subject to fees including currency conversion fees (if applicable). Please see section 13 for details.
8.12. You must not make an upload using cash. Without prejudice to claiming further damages, if we are required to take any action on your AYA-Merchant Account as a result of you making a cash upload, we may charge an administration fee as displayed in the "Fees" section of the Website.
- Sending Payments
9.1. To send a payment you are required to authorise the payment with your login details and password. We may also ask you additional security questions relating to you or your AYA-Merchant Account. If your AYA-Merchant Account is protected by additional security measures such as password tokens, you need to follow the instructions provided to you with such additional security measures. If your AYA-Merchant Account is enabled to make mass payments, the procedure to make such payments will be communicated to you in the relevant integration manual.
9.2. Every recipient of a payment you wish to send through us must have a valid means that we can use for their identification. For most of our services that means of identification will be a valid e-mail address but other means of identification may be required for our other services.
9.3. If you are asked to provide details of the recipient’s e-mail address or other means of identification, where applicable, you must take great care to properly type the exact details of who you wish to send money to. We use those details as the unique identifier to determine the intended recipient of the payment which you instruct us to process. Other information you provide along with the recipient’s means of identification may be disregarded and we shall not be liable for any error you make when entering the recipient’s means of identification.
9.4. If the e-mail address of the intended recipient is registered with us, the funds will be instantly credited to the AYA-Merchant Account associated with that e-mail address. Once funds are credited to the recipient’s AYA-Merchant Account, the transaction becomes irreversible.
9.5. If the recipient’s e-mail address is not registered with us, we will send a notification e-mail to that email address with instructions on how to claim and receive the payment. If the recipient does not claim the payment within 14 days, the transaction will be cancelled and the funds will be returned to you. You may also cancel the transaction at any time before the funds have been credited to the recipient’s AYA-Merchant Account. To cancel a transaction you should log into your AYA-Merchant Account, locate the relevant transaction in your transactions history and select “Cancel”.
9.6. You can make recurring payments by setting up a recurring payment order on your AYA-Merchant Account. You can cancel your recurring payment order for future payments at any point by logging into your AYA-Merchant Account and deleting it. You will not be able to cancel transactions that have already been credited to the recipient.
9.7. Payments are subject to payment limits due to security and legal requirements. These limits are set dynamically depending on your verification status. You can view these limits at any time in your AYA-Merchant Account profile. You should ensure that your limits are sufficient to cover the payment you intend to make as well as any applicable fees including service fees and currency conversion fees. You should be aware that the recipient of a payment may also be subject to spending and withdrawal limits and that this may affect the recipient’s access to the funds you intend to send.
9.8. If we are late in executing a payment that you instruct us to make you may ask us to contact the recipient's payment service provider and ask them to credit it as if it had been received on the correct day.
9.9. Sending payments is subject to fees including currency conversion fees (if applicable) depending on the type of payment you make and the type of AYA-Merchant Account you hold. Please see section 13 for details.
9.A Third Party Providers
9.A.1. A Third Party Provider is a service provider that is permitted by law to make payments from your account on your behalf and to provide account information services to you, provided they are acting in accordance with your instructions and the relevant regulatory requirements. You can check whether the provider is authorised in the information they give to you about the services they will provide.
9.A.2. We will treat any instruction from a Third Party Provider as if it were from you and the terms of this Agreement will still apply. If you consent to a Third Party Provider having access to information concerning your account, we will assume that you consent to access being granted as frequently as the Third Party Provider requests it.
9.A.3. If you give your security details to someone who is not a Third Party Provider, we will have to assume it is you that is authorising us to give access to your account, we will treat payments instructed by that third party as authorised by you and will not be responsible for any losses you suffer as a result of misuse or disclosure of information about your account by that third party.
9.A.4 We may refuse to allow a Third Party Provider to access your AYA-Merchant Account if we are concerned about unauthorised or fraudulent access by that Third Party Provider. Before we do this we will tell you and explain our reasons for doing so, unless it is not reasonably practicable, in which case we will tell you immediately afterwards. In either case, we will tell you using any of the contact details we hold for you. We won’t tell you our reasons where doing so will undermine our reasonable security measures or otherwise be unlawful.
If you want to cancel the consent you have given to a Third Party Provider to access your account you should contact them directly.
9.A.5 If you think a payment may have been made incorrectly or is unauthorized, you must tell us as soon as possible even where you use a Third Party Provider. If you ask a Third Party Provider to request a payment and they do not do this, we will not be responsible for your payment not being made. Once a Third Party Provider has initiated a payment, you cannot normally cancel it.
- Receiving Funds
10.1. If you receive funds into your AYA-Merchant Account, we will send you a notification email and display the payment as a “Receive Money” transaction in your transactions history, together with the date of receipt (the credit value date), the fees charged and, where applicable, any exchange rate used. Each transaction is given a unique transaction ID and shown in the transaction history. We will not alter or amend information displayed in your online transaction history. You should regularly reconcile incoming payments with your own records.
10.2. You should be aware that receipt of funds to your AYA-Merchant Account does not necessarily mean that these transactions cannot be reversed. We reserve the right to reverse a payment if the payer or the payer’s bank or payment service provider has charged back or otherwise reversed (or is reasonably likely to Chargeback or otherwise reverse) an upload or other payment which was used to fund the payment to you.
10.3. If a person received a payment notification from us indicating that someone has sent them funds to an email address that is not registered, they will not be credited with the payment until it has been claimed in accordance with the instructions laid out in the notification email. Until then, there will be no contractual or fiduciary relationship between us and the intended recipient. The funds remain those of the sender.
10.4. The receipt of payments is subject to fees and currency exchange fees, depending on the type of payment you receive and the type of AYA-Merchant Account you have. Please see section 13 for details.
- Prohibited transactions
11.1. It is strictly forbidden to send or receive payments as consideration for the sale or supply of: tobacco products, prescript
11.2. It is strictly forbidden to make payments to or to receive payments from persons or entities offering illegal gambling services, including (but not limited to) illegal sports betting, casino games and poker games. We may suspend or terminate your AYA-Merchant Account at any time or refuse to execute or reverse a transaction if we believe that you directly or indirectly use or have used your AYA-Merchant Account for or in connection with illegal gambling transactions. This list is not exhaustive and it is your responsibility to ensure that you do not use our services for transactions that may be considered illegal in your jurisdiction.
11.3. You may not use our services if you are residing in certain countries. A list of non-serviced countries is available on the Website and updated from time to time. This list is not exhaustive and we may in our sole discretion decide to discontinue or restrict our services in other countries at any time and without prior notice. We reserve the right to suspend or terminate your AYA-Merchant Account at any time if we reasonably believe to be required to do so by law or in order to comply with recommendations issued by a relevant government authority or recognised body for the prevention of financial crime.
11.4. It is strictly forbidden to use your AYA-Merchant Account for any illegal purposes including but not limited to fraud and money laundering. We will investigate and report any suspicious activity to the relevant law enforcement agency. We reserve the right to charge you in our sole discretion an administration fee as displayed in the "Fees" section of the Website for every investigation we undertake into any such suspicious activity, including where we get notified thereof by any third party whom we partner with. You are prohibited from using your AYA-Merchant Account in an attempt to abuse, exploit or circumvent the usage restrictions imposed by a merchant or a Third Party Provider on the services it provides.
11.6. If you conduct or attempt to conduct any transaction in violation of the prohibitions contained in this section 11 or without the necessary approval under section 11.5, we reserve the right to: reverse the transaction; and/or close or suspend your AYA-Merchant Account; and/or report the transaction to the relevant law enforcement agency; and/or claim damages from you; and charge you an administration fee as displayed in the "Fees" section of the Website if we apply any of the above.
11.7. It is your and not our responsibility to ensure that you only send payments to or receive payments from persons or entities for the sale or supply of goods and services that you may provide or receive in compliance with any applicable laws and regulations. The mere fact that a person or entity accepts payments through us is not an indication of the legality of the supply or provision of their goods and services. If you are in doubt as to the legality of a supply or purchase, you should not continue with your payment.
- Withdrawing funds
12.1. You can request a withdrawal of all or part of the funds held in your AYA-Merchant Account at any time. To do this you must log into your AYA-Merchant Account and select a withdrawal method and enter the amount to be withdrawn. Withdrawal methods are payment services provided, at least in part, by third party financial institutions (for example, the bank where you hold a bank account). We do not guarantee the availability of any particular withdrawal method and may make changes to or discontinue a particular withdrawal method at any time without following the procedure set out in section 17 as long as there is at least one withdrawal method available to you. Where the withdrawal payment is received by you through the involvement of a payment service provider (such as the bank where you hold a bank account), we shall not be responsible for the withdrawal payment once the withdrawn funds are received by your payment service provider.
12.2. Your AYA-Merchant Account is subject to withdrawal limits. These limits are adjusted dynamically depending on the type of identification documentation we hold on you. You can view your withdrawal limits at any time in your AYA-Merchant Account profile. Before uploading any funds into your AYA-Merchant Account, you must ensure that your current withdrawal and spending limits meet your withdrawal and spending requirements as we legally cannot allow you to exceed these limits.
12.3. If your withdrawal request exceeds the current limit, we may decline your request and instead require you to send us documents verifying your identity and address prior to allowing a withdrawal of funds or to otherwise cooperate with us to verify your identity.
12.4. Withdrawals are subject to fees including currency conversion fees (if applicable). Please see section 13 for details.
12.5. For the purposes of a withdrawal transaction, we are a payer and not a payment service provider.
12.6. You must not make a withdrawal to a bank account or other Payment Method if you are not the named holder. We take any violation of this requirement very seriously and will treat any attempt to use a Payment Method of which you are not the named holder as a fraudulent act.
12.7. You must ensure that the payment details you enter when withdrawing funds are correct and complete. We will not be liable for withdrawn funds being sent to the wrong account where this is due to you providing incorrect payment details. When withdrawing to a bank account, you must ensure that the account number, sort code, IBAN and/or BIC/SWIFT are correct. If you have withdrawn funds to the wrong account, you may request that we assist you in reclaiming the funds. However, we will charge you an administration fee as displayed in the "Fees" section of the Website for doing so and we cannot guarantee that the reclaim efforts will be successful.
13.1. Fees depend on whether you are using your AYA-Merchant Account for personal or commercial purposes.
13.3. Your transactions may be subject to currency conversions. If you make a payment from your AYA-Merchant Account denominated in one currency to AYA-Merchant Account denominated in another currency, you will be asked to either make the payment in the currency of your AYA-Merchant Account or in another currency. If you choose the currency of your AYA-Merchant Account, then the recipient will pay the fee for the conversion into the currency of his or her AYA-Merchant Account. If you choose the currency of the recipient’s AYA-Merchant Account, you will pay the fee for the conversion into the currency of the payment. If you choose a currency that is neither the currency of your AYA-Merchant Account nor the currency of the recipient’s AYA-Merchant Account then you will pay the fee for the conversion into the currency of the payment, and the recipient will pay the fee for the conversion of the payment currency into the currency of his or her AYA-Merchant Account.
13.4. For every currency conversion, we will apply the average daily interbank market rate published by a third-party foreign currency data provider (Reuters) to which, we add a foreign exchange fee, which is displayed in the "Fees" section of the Website. The foreign exchange fee is payable in addition to the transaction fee. Where we charge fees to you in EUR, we won't apply a foreign exchange fee but will convert the amount in EUR to the currency of your AYA-Merchant Account at the applicable wholesale exchange rate.
13.5. Our Fees are either expressed as a percentage of the transaction or as a fixed amount in EUR. Where fixed fee amounts are displayed in a currency other than EUR, this is for information purposes only. If fees are deducted from a balance or a transaction denominated in a different currency, the EUR fee amount will be converted into an equivalent fee in that other currency based on the AYA-Merchant wholesale exchange rates applicable at the time and (as displayed on the “Fees" section of the Website under the "Currency Conversion Fees") and then deducted. We will not apply a foreign exchange fee on currency conversions of fees.
13.6. Fees payable by you will be deducted from your AYA-Merchant Account balance and you hereby authorise us to do the same. Transaction fees will be charged when the transaction is executed. If your AYA-Merchant Account balance is insufficient to cover the fees, we may refuse to execute the payment. Reversal or chargeback fees will be deducted when incurred.
- Your Data
14.1. You explicitly consent to us accessing, processing, and retaining any information you provide to us, for the purposes of providing payment services to you. This does not affect our respective rights and obligations under data protection legislation. You may withdraw this consent by closing your AYA-Merchant Account. If you withdraw consent in this way, we will cease using your data for this purpose, but may continue to process your data for other purposes where we have other lawful grounds to do so, such as where we are legally required to keep records of transactions.
14.2. The processing of your data is governed by our Privacy Notice which can be found on our Website.
15.1. In the case of an unauthorised payment or a payment that was incorrectly executed due to an error by us, we shall, as soon as practicable, refund the payment amount including all fees deducted therefrom. This shall not apply:
15.1.2. if you fail to notify us without undue delay of any loss of your password or other security features or other event that could reasonably be expected to have compromised the security of your AYA-Merchant Account after you have gained knowledge of such event in which case you shall remain liable for losses incurred until you notify us;
15.1.3. if the transaction was unauthorised but you have acted fraudulently or compromised the security of your AYA-Merchant Account with intent or gross negligence, in which case you shall be solely liable for all losses; or
15.1.4. if you fail to dispute and bring the unauthorised or incorrectly executed transaction to our attention within 13 months from the date of the transaction.
15.2. Unless you have acted fraudulently, section 15.1.1 shall not apply to transactions made after you have notified us in accordance with section 6.2, where we have failed to provide you with appropriate means for notification or we are required to use strong customer authentication but fail to do so, in which case we shall remain liable and refund any unauthorised transaction to you as soon as practicable.
15.3. Without prejudice to the foregoing, you are asked to check the transactions history of your AYA-Merchant Account regularly and frequently and to contact Customer Service immediately in case you have any questions or concerns.
15.4. In the case of any incorrect or misdirected payment, we shall take reasonable measures to assist you with tracing and recovering such payments.
15.5. Subject to the foregoing, we shall not be liable for any disruption or impairment of our service or for disruptions or impairments of intermediary services on which we rely for the performance of our obligations hereunder, provided that such disruption or impairment is due to abnormal and unforeseeable circumstances beyond our reasonable control or the control of the intermediary affected.
15.6. We shall not be liable for any indirect or consequential losses including but not limited to loss of profit, loss of business and loss of reputation. We shall not be liable for any losses arising from our compliance with legal and regulatory requirements.
- Termination and suspension
16.1. We may terminate your AYA-Merchant Account or any payment service associated with it by giving you two months’ prior notice. You may terminate your AYA-Merchant Account with us at any time. Different termination provisions may apply if you use your AYA-Merchant Account for commercial purposes as set out in section 4.7 above.
16.2. Together with a termination notice or at any time thereafter we may give you reasonable instructions on how to withdraw remaining funds.
16.3. If your AYA-Merchant Account is subject to a reserve, termination of your AYA-Merchant Account will not affect our right to hold the reserve and to make deductions therefrom for the time agreed.
16.4. We may at any time suspend or terminate your AYA-Merchant Account without notice if:
16.4.2. you violate or we have reason to believe that you are in violation of any law or regulation that is applicable to your use of our services;
16.4.3. we have reason to believe that you are in any way involved in any fraudulent activity, money laundering, terrorism financing or other criminal activity; or
16.4.4. we have reason to believe that another AYA-Merchant Account or NETELLER Account provided by us or one of our group companies is held by you and has been used for any fraudulent activity, money laundering, terrorism financing or other criminal activity.
16.5. We may suspend your AYA-Merchant Account at any time if:
16.5.1. we reasonably believe that your AYA-Merchant Account has been compromised or for other security reasons; or
16.5.2. we reasonably suspect your AYA-Merchant Account to have been used or is being used without your authorisation or fraudulently; and we shall notify you either prior to the suspension or, if prior notification is not possible under the circumstances, promptly after the suspension unless we are prohibited by law to notify you.
17.2. We shall give notice to you of any proposed change by sending an email to the primary email address registered with your AYA-Merchant Account.
17.4. If you object to the changes, they will not apply to you. However, any such objection shall constitute a notice by you to terminate and close your AYA-Merchant Account. Your AYA-Merchant Account will be closed in accordance with the provisions of section 7 above.
- How we communicate
18.1. We usually contact you via email. For this purpose you must at all times maintain at least one valid email address in your AYA-Merchant Account profile. You are required to check for incoming messages regularly and frequently. Emails may contain links to further communication on our Website. Any communication or notice sent by email will be deemed received by you on the same day if it is received in your email inbox before 4.30 pm on a Business Day. If it is received in your email inbox after 4:30pm on a Business Day or at any other time, it will be deemed received on the next Business Day.
18.2. Where legislation requires us to provide information to you on a durable medium, we will either send you an email (with or without attachment) or send you a notification pointing you to information on our Website in a way that enables you to retain the information in print format or other format that can be retained by you permanently for future reference. We recommend you keep copies of all communications we send or make available to you.
18.4. In order to view emails you need a computer with email software that can display emails in HTML format. We may also send you attachments in Adobe Systems Inc.’s Portable Document Format (PDF), for which you need Adobe’s Acrobat Reader, which can be downloaded for free at the Adobe website.
18.5. We will never send you any emails with executable files attached or with links to any executable files. If you receive any email with such attachments, you should delete the message without clicking on the attachment. If you are unsure whether a communication is originating from us, please contact Customer Service.
18.7. Apart from communicating via email, we may contact you via letter or telephone, where appropriate. If you use any mobile services, we may communicate with you via SMS. Any communication or notice sent by post will be deemed received three days from the date of posting for UK post or within five days of posting for international post. Any communication or notice sent by SMS will be deemed received the same day.
18.8. You may contact us at any time by sending a message to Customer Service via the “Support” facility https://www.ayamerchant.com/contact.
19.1. Any complaints about us or the services we provide should be addressed to us in the first instance by contacting Customer Service. You should clearly indicate that you are wishing to make a complaint to us. This helps us to distinguish a complaint from a mere query. We send you a complaint acknowledgement by post or by email within 48 hours of receiving your complaint in accordance with our complaints procedure.
19.2. We endeavour to provide you with an answer or resolution to your complaint within the timeframes as outlined by the Financial Ombudsman Service. Should this not be possible due to unforeseen circumstances or lack of information, we will contact you.
19.3. If your complaint is not resolved to your satisfaction, you may contact the Financial Ombudsman Service at Exchange Tower, London, E14 9SR, United Kingdom. For additional contact details you may visit the Website at www.ayamerchant.com.
“Business Day” means any day other than a Saturday or a Sunday or a public or bank holiday in England.
“Customer Service” means our customer service, which you can reach by sending a message through the “Support” facility on the website
“Fees” means the charges payable by you to us for using our services
“Financial Ombudsman Service” means the services provided by the United Kingdom Financial Ombudsman Service, details of which can be found at www.financial-ombudsman.org.uk and who can be contacted at The Financial Ombudsman Service, Exchange Tower, London, E14 9SR, United Kingdom
“FCA” means the Financial Conduct Authority of the United Kingdom whose address is 25 The North Colonnade, Canary Wharf, London E14 5HS, United Kingdom; further information on the FCA can be obtained on the FCA’s website at www.fca.org.uk
“Payment Method” means bank transfer and payment instruments including, but not limited to, credit cards and debit cards.
“Privacy Notice” is the AYA-Merchant's policy governing the processing of personal data which is available on the Website, as may be amended from time to time
“AYA-Merchant” means AYA-Merchant Ltd. (Registered Number: 12953509) whose registered office is at Gannock House, 5 Church Street, Tempsford, Bedfordshire, England, SG19 2AN United Kingdom
“AYA-Merchant Account” means the electronic money account you open and maintain through the AYA-Merchant Website
“AYA-Merchant Website” or “Website” means the website available at https://www.ayamerchant.com
"Third Party Provider" means a service provider authorised by the Financial Conduct Authority (or other European regulator) who you have agreed can access information or make payments for you from your AYA-Merchant Account.
“We”, “us”, “our” means