Below are the terms and conditions for use of any and all of Fernworth Consulting Limited’s (Link4Pay) products and services.
This agreement lists out various terms and conditions, which govern access to all products and services which are offered by Fernworth Consulting Limited (“Link4Pay”), including but not limited to link4pay.com and affiliate websites, payment services, digital marketing, value added services, and website creation and hosting. These terms and conditions contain key provisions regarding your access to Link4Pay’s services. You must accept and agree to abide by the Terms and Conditions before using Link4Pay’s Services.
In case you do not agree to accept and abide by Link4Pay’s Terms and Conditions, please do not access or use Link4Pay’s services, this Website or any pages thereof and please do not avail of the Service offered by Link4Pay.
These Terms and Conditions may be updated periodically without expressly informing users. The latest version will always be available at link4pay.com.
“Account” refers to the active account registered and used on Link4Pay’s Service for a specific Customer.
“Customer” refers to the eligible customer(s) of the Service as authorized by Link4Pay.
“Merchant” refers to any person/organization selling goods or services online and willing to accept payments for their products sold through their Link4Pay account.
“Link4Pay” refers to Fernworth Consulting Limited – a company incorporated in Nicosia, Cyprus with company registration no HE397889 and under the Cyprus Companies Law, Cap 113.
“Notice” refers to notices issued by Link4Pay: to the visitor, the registered user or the merchant from time to time.
“Service” refers to any present or future product, service or facility displayed or offered on or through the Website.
“Visitor” refers to any person who accesses or visits the Website, whether or not such person has registered himself as a Registered Merchant. The term “Visitor” includes every Registered Merchant and Customer.
“Website” refers to link4pay.com as well as all pages or subdomains of this domain, affiliate sites, and the applications and software being capable of being accessed.
In order to access and use the Service, the Customer must be an individual of at least 18 years of age, who can enter into legally binding contracts under applicable law or a corporation, trust, association of persons, or firm which can enter into legally binding contracts under applicable law. In case of a corporation, trust, association of persons or a firm, you must be authorized to agree to the Terms and Conditions and to access, use and avail of the Service. If you do not qualify, please do not access or use the Service.
Your use of the Service is based on the understanding and agreement that by accessing and using the Service, you may be violating the local laws in Republic of Cyprus and/or other applicable jurisdictions. You agree that you will be solely and absolutely liable for any liability incurred by you in this regard and you will indemnify Link4Pay against any liability incurred by Link4Pay in this regard.
Link4Pay reserves the right to terminate access to any customer at its sole discretion.
In consideration of your use of the Service, you agree to the following conditions:
To register for the Service, Link4pay will create your Account, utilizing your provided registered data & email address, to which it will send an email with an Activation Link for you to establish your Password. For certain Service components, you may be given access to an API Secret Key and Token.
You are solely and wholly responsible for maintaining the confidentiality of the Registration Data, Payment Data and Authentication Data, and are fully responsible and liable for all activities or losses borne from unauthorized use of your Account. Link4pay will not be liable in any case for such unauthorized actions arising from the negligence of a Registered Customer.
It is presumed that a person utilizing the Account is the true Registered Customer. Link4pay will not be liable for any mistake or unintentional error in data entry, configuration or other Customer-accessible data or functionalities.
In case of loss or reset of your password, a request may be sent to [email protected]. Link4pay may apply reasonable verification procedures to ascertain the identity of the registered user and may only send communication to the email registered and linked with the Account.
Notwithstanding anything stated elsewhere in the Terms and Conditions, and despite correct use of your ID and password, Link4pay shall be entitled in its sole discretion (but shall not be bound) to seek offline and/or additional written or other confirmation from you of any instruction, transaction or activity as Link4pay may deem fit.
1. All Visitors (including Registered Users and Merchants) are specifically prohibited from the following:
2. Registered Users and Merchants are also prohibited from using Link4Pay’s Service to enable payments for the following:
Clicking on links within the Website might take you to other third-party websites without any intimation or indication of doing or having done so. The linked third-party websites are not under the control of Link4pay and we assume no responsibility whatsoever for such other websites whether as to content, availability, performance or otherwise.
Link4pay provides these links only as a convenience and links to third-party websites do not constitute any endorsement by Link4pay.
The user’s relationship is bilateral and extends to only inter se the merchant. Here the merchant may put into place its own agreements, terms and conditions for the delivery of goods and services. Link4pay is not governed by these agreements and is an independent third party to your transaction with the Merchant.
In order to avail of specific services of Link4pay, merchants have to agree with these terms and conditions as well as the merchant’s agreement and the merchant sign-up and verification process.
If you wish to avail of a service, you may be asked by Link4pay to supply certain information, including but not limited to credit or debit card or other payment mechanism information. You agree that all information you provide will be accurate, complete and current. You agree not to hold Link4pay liable for any loss or damage of any sort incurred as a result of any such dealings with any merchant.
Link4pay, in offering any product or service, sets its own prices and terms and may change prices or terms or institute new prices or terms at any time. However, these will be subject to prior notice.
Registered users and Merchants also agree to pay all charges incurred by users of your merchant/customer ID and password and credit card or other payment mechanism at the prices in effect when such charges are incurred. You also will be responsible for paying any applicable taxes, and shipping/transportation and handling charges relating to purchases through the Website.
The records of access, instructions, transactions and other activities maintained or caused to be maintained by Link4pay through its or a third party’s computer systems or on tape or other recording or storage device or otherwise shall be admissible in evidence, shall not be challenged by you and shall be accepted as genuine, accurate, conclusive and binding for all purposes including the recording of the time thereof.
No Refund will be given for orders placed with Link4pay. Refund will be only processed if Link4pay accepts an application, when it meets the qualification criteria. Link4pay reserves the right to reject the application without providing any explanation.
A refund that is forced by a Credit Cardholder’s and Credit Card company is known as chargeback. This occurs when a cardholder decides to formally dispute a charge on his/her Credit Card bill, usually because someone else fraudulently used that card number. Credit Cards permit Chargebacks as per VISA and MASTERCARD rules. Any online transaction can/may also be revoked or refuted by a customer to a Sub Merchant via his card-issuing bank for the following reasons. This is allowable for up to six months from date of the transaction. A chargeback can only be reversed if the credit card holder formally informs his/her bank or credit card issuing institution that he/she will accept the disputed charge.
If you feel that Link4pay has violated this Statement in any way, please contact us at [email protected] that we may address this issue.
In case of cancellation of an order placed with Link4pay the full amount is forfeited and no money is refunded back.
Link4pay as a payment service provider shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.
Link4pay may give notice to you by e-mail, letter, telephone or any other means as Link4pay may deem fit to the address last given by you. Notices under the Terms and Conditions may be given to Link4pay by you in writing by delivering them by hand or by sending them by post to Link4pay’s address mentioned on the Website. Link4pay may, but shall not be bound to, act upon notices and instructions given by you to Link4pay by e-mail, letter, telephone or any other means as Link4pay may deem fit.
In addition, Link4pay may (but shall not be bound to) also publish notices of general nature, which are applicable to all Visitors, Registered Users or Merchants on its Website. Such notices will have the same effect as a notice served individually to each Visitor, Registered User or Customer (including you).
Documents which may be sent by electronic communication between the parties may be in the form of an electronic mail, an electronic mail attachment, or in the form of an available download from the Website shall be deemed to have duly communicated and delivered any communication or document to you if such communication or document is sent via electronic mail (e-mail) to the e-mail address provided by you to Link4pay. Link4pay shall also be entitled to act on the basis of any instructions received or purported to be received by Link4pay from you by e-mail or other electronic means or via the Internet. Link4pay shall also be entitled (but not bound) to act upon fax instructions and communications.
Link4pay and/or its Service Providers shall endeavor to ensure that Notices and Alerts are communicated to you in accordance with your instructions in this regard. However, neither Link4pay nor the Service Providers would be responsible or liable for non-dispatch or delay in dispatch of the Alerts by Link4pay and/or the Service Providers or any delay in receipt or non-receipt of the Alerts for any reason whatsoever. Under no circumstances shall Link4pay and/or the Service Providers be liable for any costs, damages or other amount whatsoever for such non-dispatch or delay in dispatch or any non-receipt or delay in receipt of the Notices or Alerts. Non-receipt of Notices or Alerts will not discharge or reduce your liability to pay any amount to Link4pay, which would have been payable in the event of proper receipt of the Notices or Alerts.
Subject to the relevant regulatory approvals, terms and conditions imposed while granting the necessary approvals and other terms of these Service, on it being made available, will allow purchases of goods & services online. This Service is a technology platform for a facility that enables payment settlement services.
The actual funds corresponding to the user’s Link4pay balance is in the custody of our partner/bank. All payment collections and settlements are done by our partner/bank. Link4pay does not touch the money at any stage.
Link4pay shall in no way be held responsible and/or be liable for any queries, errors, disputes or delays in messaging, money transmission, payment to the beneficiaries of the settlements or any other query, claim or dispute.
Link4pay will, however, assist users in contacting the Bank/Merchant to facilitate resolution of such queries, claims and disputes to the best of Link4pay’s ability. The above terms and conditions are in addition to the additional terms and conditions relating to the products and services appearing elsewhere on this Website or otherwise now or hereafter agreed or deemed to be agreed by you.
Link4pay is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing on the Website and on the Service, and is the copyright owner or licensee of the content and/or information on the Website including but not limited to any text, images, illustrations, audio clips, video clips and screens appearing on the Website and on the Service. All rights on the Website are reserved, and you may not download and/or save a copy of the Website or any part thereof including any of the screens or part thereof and/or reproduce, store it in a retrieval system or transmit it in any form or by any means – electronic, electrostatic, magnetic tape, mechanical printing, photocopying, recording or otherwise including the right of translation in any language without the express permission of Link4pay (except as otherwise provided on the Website or in the Terms and Conditions for any purpose) or use it in any manner that is likely to cause confusion or deception among persons or in any manner disparages or discredits Link4pay.
Link4pay does not grant any license or other authorization or user of its trademarks, registered trademarks, service marks, or other copyrightable material or other intellectual property by placing them on the Website.
Link4pay takes privacy and confidentiality seriously. Visitors, registered users or merchants hereby grant authority to Link4pay to collect information in keeping with the terms and the principles of the Privacy Policy (view our Privacy Policy).
Access to the Website, its services and agreement with the Terms and Conditions does not create an agency, partnership, joint-venture or employer-employee relationship between you and Link4pay or any Service Provider, except where otherwise specifically agreed or appointed.
You agree to defend, indemnify and hold Link4pay, its directors, advisers, officers, employees, Affiliates Partners, and Content and Service Providers harmless from any and all claims, liabilities, damages, costs, expenses and proceedings, including reasonable attorneys’ fees, arising in any way from your use of the Website or the placement or transmission of any message, information, software or other materials through the Website by you or users of your ID and password or related to any violation of the Terms and Conditions by you or users of your of your ID and password, and any claims dispute or differences between you and any Supplier.
You acknowledge and agree that Link4pay may, with notice, suspend or terminate your ID, password or Account or deny you access to all or part of the Services if you engage in any conduct or activities that Link4pay, in its sole discretion, believes to violate any of the Terms and Conditions or rights of Link4pay, or is otherwise inappropriate for continued access, or if Link4pay learns of your death, bankruptcy or lack of legal capacity or of circumstances which impact your credit worthiness (which shall be determined at the sole discretion of Link4pay) or for any other reason which Link4pay deems acceptable.
You acknowledge and agree that Link4pay may in its sole discretion deny you access through the Website to any materials stored on the Internet, or to access third party services, Facilities, merchandise or information on the Internet through the Website, and Link4pay shall have no responsibility to notify you or third-party providers of facilities, services, merchandise or information nor any responsibility for any consequences resulting from lack of notification.
Registered Users and Merchants may request for termination of the Service at any time by giving a written notice of at least 90 days to Link4pay. The termination shall take effect on the completion of the thirtieth day from the date of receipt of the notice by Link4pay. Provided, however, that you will remain responsible for any transactions entered into by you and all obligations incurred by you until the time of such termination.
The Website, the Terms and Conditions, all transactions entered into on or through the Website and the relationship between you and Link4pay shall be governed by and construed in accordance with the laws of the Republic of Cyprus and no other nation, without regard to the laws relating to conflicts of law.
You and Link4pay agree that all claims, differences and disputes arising under or in connection with or pursuant to the Website, the Terms and Conditions, any transactions entered into on or through the Website or the relationship between you and Link4pay shall be subject to the exclusive jurisdiction of the competent courts located in the Republic of Cyprus; and you hereby accede to and accept the jurisdiction of such courts. Provided that, notwithstanding what is stated above, if Link4pay so thinks fit Link4pay may institute proceedings against you in any other court or tribunal having jurisdiction.
The failure or delay of Link4pay to exercise or enforce any provision of the Terms and Conditions shall not constitute a waiver of such right or provision. No waiver on the part of Link4pay shall be valid unless it is in writing signed by or on behalf of Link4pay. A waiver of any right or provision by Link4pay on a particular occasion shall not prevent Link4pay from enforcing such provision on a subsequent occasion.
If any provision of the Terms and Conditions shall be held to be invalid or unenforceable by reason of any law or any rule, order, judgement, decree, award or decision of any court, tribunal or regulatory or self-regulatory agency or body, such invalidity or unenforceability shall attach only to such provision or condition, and you, Link4pay, the court, tribunal or regulatory or self-regulatory agency or body should endeavor to give effect to the parties’ intentions as reflected in the provision to the extent possible.
The validity of the remaining provisions and conditions shall not be affected thereby, and these Terms shall be carried out as if any such invalid or unenforceable provision or condition was not contained herein.
You agree that the Service provided to you is not transferable under any circumstance and shall be used only by you. You further acknowledge, agree and confirm that Link4pay shall have the right to transfer, assign or sell all its rights under this Terms and Conditions, and that the Mandate given by you in favor of Link4pay shall continue to be in effect for the benefit of the successors and assigns of Link4pay.
Notwithstanding any statute or law to the contrary, but to the extent permitted by law, any claim or cause of action arising out of or related to access or use of the Service or the Terms and Conditions must be filed within three (3) months after such claim or cause of action arose failing which it shall be forever barred.
The clause headings in the Terms and Conditions are only for convenience and do not affect the meaning of any provision, in terms of interpreting or limiting the scope of these provisions.
Link4pay may sub-contract or employ agents to carry out any functions or services relating to the Website or any of its obligations under the Terms and Conditions.
The content presented at the Website may vary depending upon your browser limitations.
The Service would operate during timings specified by Link4pay. Any Payment Instruction received after the specified time on any day shall be deemed to have been received on the next Business Day.
The conditions stated in these Terms and Conditions are in addition to the other terms and conditions stated elsewhere in the Website. In particular, and without prejudice to the above, these Terms and Conditions are in addition to the terms, conditions, procedures and agreements applicable in respect of each services which are stated at the appropriate places in respect of each service or in the agreements to be entered into between Link4pay and you / the concerned parties in respect of each Service.
It is the express will of the parties that this agreement and all related documents have been drawn up in English. All contents of the Service are Copyright © 2021 of Fernworth Consulting. All rights reserved. Any rights not expressly granted herein are reserved.
Please report any violations of the Terms and Conditions to our Customer Support email: [email protected]
