Payment Gateway Terms of Service

Overview

NPower Associates integrates in its Products various Payment Gateways provided by Third Party Payment Gateway Companies or Banks. The usage of the Payment Gateway integrated with NPower Associates is subject to the following Payment Gateway Terms.

Description of Service

NPower Associates has integrated third-party Payment Gateway(s) which can be availed by Associations for collecting dues from its Owners/Tenants/Vendors. For this utility, NPower Associates plays the role of an Online Collection Agent for the Associations.

Covenants of the Association

The Association agrees and undertakes the following obligations:

• Ensure all charges levied against the User are valid and maintain relevant documentation (e.g., Bye-Laws, Membership Details) to substantiate all charges.
• Not input Credit/Debit Card or NetBanking Data on behalf of the User.
• NPower Associates will not be a party to any agreement between the Association and the Users. All agreements will be between the Association and the Users directly.
• Ensure all licenses and registrations required by the Association are in full force to enable collection of relevant charges/taxes from the User.
• Comply with all rules, bye-laws and standards set by Card Associations, Acquiring Banks, and Facility Providers.
• Not use the payment gateway for any prohibited goods, services, or activities including adult content, alcohol, counterfeit goods, gambling, illegal items, or any product not in compliance with applicable laws and regulations.

Disputes Regarding Services

NPower Associates, the facility providers and the Acquiring Banks shall not be responsible for the quality or non-delivery of Services provided by the Association to the User. Any and all disputes regarding quality, non-delivery and delay in delivery of the Service shall be dealt with directly between the Association and the User.

Indemnity

The Association hereby undertakes to indemnify NPower Associates, the Facility Providers and the Acquiring Banks from and against all actions, proceedings, claims, liabilities, penalties, demands, costs, damages, losses and/or expenses arising directly or indirectly as a result of: (a) any breach by the Association of its undertakings under this Agreement; (b) any claim by a User against NPower Associates in respect of services offered by the Association; (c) any act, neglect or default of the Association's agents, employees, licensees or Users; or (d) any other claim arising therefrom.

No Warranty

NPower Associates, the Acquiring Banks and the Facility Providers disclaim all warranties, express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose. The Association acknowledges that services may not be uninterrupted or error free. NPower Associates's sole obligation in the event of interruption shall be to use all reasonable endeavors to restore services as soon as reasonably possible.

Transaction Limits

NPower Associates, the Facility Providers and the Acquiring Banks reserve the right to impose limits on the number of transactions which may be charged during any time period, and reserve the right to refuse payments in respect of transactions exceeding such limits or from Users with a prior history of questionable charges.

Termination

Termination for Breach: NPower Associates may terminate the Agreement with prior written notice of at least 30 days if the Association commits any breach of the terms of this Agreement.

Termination for Violation of Law: NPower Associates may terminate the Agreement immediately without liability upon notice if the Association is using the platform in furtherance of any activity which violates any law, rule, or regulation.

Termination by Notice: Either Party may terminate this Agreement on 30 days written notice to the other.