Terms Of Use

This Terms of Use acts as a Supplemental Agreement to the Everus General Terms of Use. Therefore, both the General Terms of Use and this Agreement shall be read together in harmonious manner. Should there be any discrepancy between the General Terms of Use with the provisions herein, the General Terms of Use shall prevail.

By “Agreeing” to the terms herein, you AGREE AND CONFIRM that: -

  • You have read, understood, and agreed to be bound by the General Terms of Use and the terms herein;
  • You assume all the obligations set forth herein;
  • You are of sufficient legal age and capacity to use our services and if you are a / representing a corporation, governmental organization or any other legal entity, you have the right, power and authority to enter into this Agreement on behalf of the corporation, governmental organization or other legal entity and bind them to these terms.;
  • You are not under the control of jurisdiction that explicitly prohibits the use of similar services;
  • You use the Services at your own discretion and under your own responsibility and/or risks.
  • Standard blockchain transaction cost shall be applicable for all the transactions.
  • The use of the Site and any Services is void where such use is prohibited by, would constitute a violation of, or would be subject to penalties under applicable Laws, and shall not be the basis for the assertion or recognition of any interest, right, remedy, power, or privilege under this Supplemental Agreement or the General Terms of Use.
  • About EverusPay;
    • EverusPay is a cryptocurrency payment processor. It enables merchant (offline / online) to accept cryptocurrency as a mode of payment for goods or services offered by merchants, including recurring billing and payment functionality.
    • EverusPay processes selected cryptocurrency payments that merchants received from customers (Purchaser).
    • This particular service is not a crypto exchange, wallet, or a place to purchase or sell cryptocurrencies (for the mentioned services, you may visit our main site at www.everus.org).
    • This Service is specifically catered to all sizes of businesses and/or e-commerce merchants that sell products and/or services online/offline. It also enables charity organizations to register for this service as another form to accept donations.
    • By using the Services, you authorized us to act as your agent so we may receive, hold and disburse funds on your behalf and upon your instructions; and to take any and all actions that we think are necessary to provide the Services and to comply with applicable law.
    • Payment by Purchasers / Donors via EverusPay will be considered the same as payment made directly to you and will extinguish the Purchaser's outstanding obligation, to the extent of the payment.

General Restrictions:

  • Merchants:
    • Onboarding: to utilize this Service, you must first open an Everus Wallet Account. Opening of account can be considered successful upon completing Everus’ Know-your-Customer’s (KYC) processes mentioned in our Everus General Terms of Use, and all other necessary information including but not limited to the information relating to the business, ie it’s legal name, physical address of the business, and your company's website, ultimate beneficial owner and/or the most senior individual of your organization, all the official documentation related to your business registration such as certificate of incorporation, memorandum and article of associations, information on the directors, partners and shareholders, bank statements (for the past 3 months) and corporate structure and financial plan (if applicable). We will also request for information on your business if necessary. The information that you provide at the time of account opening must be accurate and complete and you must inform us within ten business (10) days of any changes to such information.
    • KYC: Depending on your nature of business, we may require additional information from you (including any person signing below or otherwise agreeing to the Terms on behalf of the merchant) to help verify your identity and assess your business risk by way of verifying your tax identification number and/or government-issued identification. We may also obtain information about you from third parties, such as credit bureaus and identity verification services.
    • You authorize EverusPay to, directly or through third parties, to make any inquiries or take any actions we consider necessary to validate your identity, evaluate your creditworthiness, and verify information that you have provided to us. You authorize EverusPay to obtain financial and credit information, such as your personal credit report, or the credit report of your directors, officers, and principals. By completing your application to become a EverusPay’s merchant, you are providing EverusPay with written instructions and authorization in accordance with the Fair Credit Reporting Act to obtain such financial information or credit reports.
    • In the event that we are unsuccessful in receiving satisfactory information for us to verify your identity or determine that you are creditworthy, EverusPay reserves the right to terminate this Agreement with immediate notice to you, cease to provide you access to the EverusPay system, and refuse or rescind any payment by your customers.
    • Non-Compliance: We have the right to freeze your account and close your EverusPay account thereafter; or reject your registration at the first instance, if you do not provide us with accurate, complete, and satisfactory information.
    • Remedy for EverusPay: If we have any reason(s) to believe that your Transactions pose an unacceptable level of risk, that you have breached the terms of this Agreement, or that your account has been compromised, we may take various actions to avoid liability. The actions we may take include, but are not limited to, suspending or limiting your ability to use EverusPay, refusing to process any Transaction, reversing a Transaction, holding your Settlement sum, and contacting your customers to verify Transactions and reduce potential fraud and disputes. If possible, we will provide you with advance notice of our actions and resolution steps. However, advance notice will not be provided if there is an immediate need to take actions such as a security threat, potential fraud, or illegal activity.
    • Security of your access: You agree to:
      • Not allow anyone else to have or use your password details and to comply with all reasonable instructions we may issue regarding account access and security. In the event you share your password details, EverusPay will not be liable to you for losses or damages;
      • Keep your personal details up to date. We may be unable to respond to you if you contact us from an address, telephone number or email account that is not registered with us; and
      • Take all reasonable steps to protect the security of the personal electronic device through which you access the EverusPay (including, without limitation, using PIN and/or password protected personally configured device functionality to access the EverusPay and not sharing your device with other people).
    • Indemnification by Merchant: Merchant agrees to indemnify, defend, and hold harmless EverusPay, its holding company, affiliates, officers, directors, agents, employees and suppliers from and against any lawsuit, claim, liability, loss, penalty or other expense (including attorneys’ fees and cost of defense) they may suffer or incur as a result of (i) merchant’s breach of this Agreement or any other agreement you enter into with EverusPay / Everus or its suppliers in relation to the use of the EverusPay; (ii) your use of the EverusPay; and/or (iii) your violation of any applicable law, regulation, or Association Rules and requirements.
    • Limitation of Liability: EVERUSPAY SHALL NOT BE LIABLE TO YOU OR A THIRD PARTY FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, RELIANCE, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE EMERICO PAYMENT SERVICES, WHETHER FORESEEABLE OR UNFORESEEABLE, AND WHETHER BASED ON BREACH OF ANY EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, MISREPRESENTATION, NEGLIGENCE, STRICT LIABILITY IN TORT, OR OTHER CAUSE OF ACTION (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, GOODWILL, PROFITS, INVESTMENTS, USE OF MONEY, OR USE OF FACILITIES; INTERRUPTION IN USE OR AVAILABILITY OF DATA; STOPPAGE OF OTHER WORK OR IMPAIRMENT OF OTHER ASSETS; OR LABOR CLAIMS), EVEN IF EVERUSPAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL EVERUSPAY’S TOTAL AGGREGATE LIABILITY TO MERCHANT OR ANY THIRD PARTY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE DIRECT DAMAGES SUFFERED BY SUCH PARTY IN AN AMOUNT EQUAL TO THE AMOUNTS PAID OR PAYABLE BY MERCHANT TO EVERUSPAY UNDER THIS AGREEMENT DURING THE WHOLE OF EFFECTIVE DATE OF THIS AGREEMENT.
    • You acknowledge that the EverusPay is a computer network based service which may be subject to outages and delay occurrences. As such, EverusPay does not guarantee continuous or uninterrupted access to the EverusPay. Merchant further acknowledges that access to the EverusPay website or to the Everupay system may be restricted for maintenance. EverusPay will make reasonable efforts to ensure that Transactions are processed in a timely manner; however, EverusPay will not be liable for any interruption, outage, or failure to provide the services which is out of the control of EverusPay.
    • Term & Termination: The term of this Agreement shall commence on the Effective Date and shall continue on until terminated as set forth herein. You may terminate this Agreement, without cause, by providing EverusPay with notice of your intent to terminate, or by ceasing to use EverusPay.
      • EverusPay may terminate this Agreement or suspend services to you if any of the following occurs: (1) we are required by the Associations, the acquiring bank, or an order from a regulatory body to cease providing services to you; (2) we believe that you have breached this Agreement, or are likely to do so; (3) if we determine that your use of the EverusPay carries an unacceptable amount of risk, including credit or fraud risk; or (4) any other legal, reputational, or risk-based reason exists, in EverusPay’s sole discretion. In the event that we must terminate this Agreement, we shall provide you with written notice as soon as reasonably practicable.
      • After termination by either party as described above, Merchant shall no longer have access to, and shall cease all use of the EverusPay. Any termination of this Agreement does not relieve Merchant of any obligations to pay any fees, costs, penalties, Chargebacks or any other amounts owed by you to EverusPay as provided under this Agreement, whether accrued prior to or after termination.
    • EverusPay is a free and open source Digital Currency Payment Gateway. EverusPay does not constitute an account where Everus or other third parties serve as financial intermediaries or custodians of your cryptocurrencies(s).
    • DISPUTE RESOLUTION: THE PARTIES ALSO AGREE THAT YOU AND EVERUSPAY MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND EVERUSPAY AGREE OTHERWISE, THE ARBITRATOR(S) MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR(S) MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER EVERUSPAY’S MERCHANTS.
      • The arbitration will be conducted by the ASIAN INTERNATIONAL ARBITRATION CENTRE (“AIAC”) under its commercial arbitration rules, as modified by this Agreement to Arbitrate. Payment of all filing, administration, and arbitrator fees will be governed by the AIAC’s rules. All issues are for the arbitrator to decide, except that issues relating to arbitrability, or the scope or enforceability of this Agreement to Arbitrate, shall be for a court of competent jurisdiction to decide. If a court decides that any part of this clause is invalid or unenforceable, the clause below shall still apply.
      • The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is US$500,000 or less, you or EverusPay may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and EverusPay subject to the discretion of the arbitrator(s) to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or EverusPay may attend by telephone, unless required otherwise by the arbitrator(s).
      • The arbitrator(s) will decide the substance of all claims in accordance with the laws of the Malaysia, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator(s) shall not be bound by rulings in prior arbitrations involving different merchants, but is/are bound by rulings in prior arbitrations involving the same merchant to the extent required by applicable law. The arbitration award shall be final and binding and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
    • Invoices & Transactions record: You as the merchant, is responsible to keep all transactions record needed for fulfilling the goods or services sold to the Purchaser and providing any post-sale support to the Purchaser. If the sale of the item requires any government registration of the sale, you are responsible for such registration. EverusPay is required to maintain records of all documentation and information collected for your merchant account for the duration that your account is active, and up to 5 years thereafter.
    • Merchant’s KYC: Consistent with your local laws and regulations, you are solely responsible for obtaining any information required of those who purchase your goods or services. For instance, if applicable law prohibits a sale to persons under the age of 18 years, you must ensure that a Purchaser is at least 18 years of age. Similarly, if applicable law requires that a Purchaser's identity be verified, you must verify the Purchaser's identity. We will not be responsible for your failure to adequately verify your Purchasers' identities or qualifications.
    • Taxes: Merchant shall pay, indemnify, and hold EverusPay harmless from (i) any sales, use, excise, import or export, value-added, or similar tax or duty, and any other tax or duty not based on EverusPay’s income, and (ii) all government permit fees, customs fees and similar fees which EverusPay may incur with respect to this Agreement. Such taxes, fees and duties paid by Merchant shall not be considered a part of, a deduction from, or an offset against, payments due to EverusPay hereunder.
    • Liability for Invalidated Payments / other liabilities: You are liable for all claims, expenses, fines and liability we incur arising out of:
      • (a) a Chargeback, Refund, over-payment, payment error, or other invalid payment you caused (collectively “Invalidated Payment”);
      • (b) any error, negligence, misconduct or fraud by you, your employees, or someone acting on your behalf; and
      • (c) any losses resulting from your failure to comply with the terms of this Agreement, or your usage of the EverusPay.

      In the event of an Invalidated Payment or other liability, EverusPay may deduct the amounts due to EverusPay from your settlement amount.

    • Prohibited activities by laws: Your use of the Services is also subject to the following important restrictions, including of those that are in our General Terms of Use:
      • You are at least eighteen (18) years old or older and have the right, power and contractual capacity to agree to these Terms.
      • Your use of the Services will not contravene any applicable international, federal, state or local law or regulation, including applicable tax laws and regulations.
      • Your use of the Services will not relate to the following prohibited activities:
        • Sales of narcotics, research chemicals or any controlled substances;
        • Sales of cash or cash equivalents, including items used for speculation or hedging purposes (such as derivatives), and the sale or trade of cryptocurrencies;
        • items that infringe or violate any intellectual property rights such as copyrights, trademarks, trade secrets, or patents;
        • ammunition, firearms, explosives (including fireworks), or weapons regulated under applicable law or as determined by us; or
        • transactions that show the personal information of third parties in violation of applicable law;
        • transactions that support pyramid, Ponzi, or other "get rich quick" schemes;
        • transactions that are related to cloud-mining;
        • provide credit repair or debt settlement services;
        • Explicit sexual content; and
        • Sales of Kratom or Nootropics, medicines, drugs, controlled substances and/or supplements that are not approved by health ministries of relevant countries (Vendors’ and purchasers’) and/or laws.
      • If your use of the Services relates to one of the following restricted activities, your activities are subject to internal review and you are only allowed to transact when expressly authorized by EverusPay in writing. Kindly take note that this list is not exhaustive as restrictions by laws and regulators changes from time to time. If you are unsure of the product(s) you intend to transact is legal or not, you are encouraged to seek legal advice from legally qualified person(s) of your local / international trade laws:
        • Engaged in regulated industries such as Finance / Investments, Foreign Exchange (fiat / digital currency), Money Service Business (activities or E-wallets);
        • Engaged in selling cryptocurrency mining hardware;
        • Providing Currency exchange services;
        • Transaction that are associated with purchases of annuities or lottery contracts, lay-away systems, banking, offshore banking, transactions to finance, investing, investment related products or
        • Transactions that involve gambling or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, and sweepstakes, unless you have obtained our prior written approval and you and your customers are located exclusively in jurisdictions where such activities are permitted by law.

    SETTLEMENT

    • Subject to the terms of this Agreement, EverusPay will credit the settlement amount to your Bank Account, minus any fees, Reversals, Invalidated Payments, Chargebacks, Refunds or other amounts that you owe to EverusPay under this Agreement or to your clients (in the case of partial or full refund). If the Settlement is not sufficient to cover the amounts due, you agree that we may debit your Bank Account for the applicable amounts, and/or set-off the applicable amounts against future Settlement.
    • Upon EverusPay’s request, you agree to provide EverusPay with all necessary bank account routing and related information and grant EverusPay permission to debit amounts due from your Bank Account.
    • We charge a service fee for merchant’s settlement of 1% of the total settlement sum.
    • All the Banks’ transactions charges shall be borne by you / Merchant. The amount shall be deducted accordingly as mentioned above, depending on the countries and bankings’ policy and charges applicable. Such sum shall be reflected in your Settlement summary.
    • If you issue a full or partial refund to your clients, the blockchain fee amount will be deducted from your merchant ledger balance. The deduction will be added as a separate entry in your ledger after the refund is executed.
    • You must register if you have any questions or concerns relating to Trullion-e token and/or this Agreement, you may contact us by email at support@everuspay.com

Last Updated : 14/01/2019