Welcome to SailsPay Payment Aggregator
Welcome to SailsPay Payment Aggregator
The terms and conditions contained hereinafter ("TERMS OF USE") shall apply to the use of the website www.sailspay.com and any other linked pages, products, software(s), API keys, features, content or application services (including but without limitation to any mobile application services) in connection therewith, offered from time to time by Sailspay Software Private Limited ("SAILSPAY" or "WE" or "OUR" or "US") (collectively, "WEBSITE").
Any person logging on to or using the Website (even when such person does not avail of any services provided in the Website ("SERVICES")) (hereinafter referred to as a "USER", "SELLER", "YOU" or "CLIENT") shall be presumed to have read these Terms of Use (which includes the Privacy Policy, separately put up on the Website) and unconditionally and irrevocably accepted the terms and conditions set out herein (these Terms of Use). These Terms of Use, together with the rest of the Policies (defined below), constitute a binding and enforceable agreement between the User and Sailspay.
The user understands and unconditionally acknowledges that even though the user may be allowed to execute transactions on the platform of Sailspay, the funds shall not be settled to the account of such user pending completion of KYC obligations on the part of the user in accordance with the RBI's KYC guidelines (defined below). Furthermore, upon non-completion of KYC obligations on the part of the user, as mentioned above, to the satisfaction of Sailspay, we reserve the right to not release the settlement amounts to the user and may eventually reverse the funds to the account from where such payment originated.
Please read the terms set out hereunder carefully before agreeing to the same. If you do not agree to these Terms of Use (including any referenced policies or guidelines), please immediately terminate your use of the Website. You can accept the Terms of Use by:
For the purpose of these Terms of Use, wherever the context so requires, the term "User" shall mean and include any natural or legal person who has agreed to these Terms of Use on behalf of itself or any other legal entity.
Illegality or unenforceability of one or more provisions of these Terms of Use shall not affect the legality and enforceability of the other terms of the Terms of Use. For avoidance of doubt, if any of the provisions becomes void or unenforceable, the rest of the provisions of these Terms of Use shall be binding upon the User.
Subject to these Terms of Use, Merchant Onboarding Policy, KYC Policy, Disputes and Grievance Redressal Policy and Privacy Policy (collectively, "POLICIES"), Sailspay offers the Services set forth in Payment Gateway Services to the Users herein.
Sailspay is constantly evolving in order to provide the best possible experience and information to its Users. You acknowledge and agree that the form and nature of the Services which Sailspay provides may change from time to time without any prior notice to you. As part of this continuing process, you acknowledge and agree that Sailspay may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to Users generally at Sailspay's sole discretion, without any prior notice.
Sailspay reserves the right to delete your User information stored in your account including but not limited to all or any personal information or any sensitive personal data or information ("SPDI") stored in your User account. Alternatively, a User may notify us if they do not wish that we retain or use the personal information or SPDI by contacting the Grievance cum Nodal Officer (as provided below). However, in such a case, we may not be able to provide you some or all of our Services.
Sailspay acknowledges and represents that it is and shall remain Payment Card Industry Data Security Standard ("PCI DSS") certified. Further, Sailspay shall maintain compliance with PCI DSS Standard or other comparable industry standards governing physical/logical security cardholder data across Sailspay environment.
In order to access certain Services, you may be required to open a User account with Sailspay by providing information about yourself (such as identification or contact details) as part of the registration process ("REGISTRATION DATA") for the Services, or as part of your continued use of the Services. You agree that any Registration Data you give to Sailspay will always be accurate, correct, complete and up to date.
You are solely responsible for maintaining the confidentiality of your account and password and for any activity that occurs in or through your account. We will not be liable to any person for any loss or damage which may arise as a result of any failure on your part to protect your login ID or password or any other credential pertaining to your account.
You understand and undertake that you shall be solely responsible for your Registration Data and User content and undertake to, neither by yourself nor by permitting any third party to host, display, upload, modify, publish, transmit, update or share any information that:
Any person who is above eighteen (18) years of age and competent to contract under the applicable laws is eligible to access or visit the Website or avail the Services displayed therein. Your use or access of the Website shall be treated as your representation that you are competent to contract and if you are registering as a business entity, then you represent and warrant that you have the authority to bind such business entity to the Terms of Use.
The User represents and warrants that it will be financially responsible for all of User's usage (including the purchase of any Service) and access of the Website. The User shall also be responsible for use of User's account by others. The Terms of Use shall be void where prohibited by applicable laws, and the right to access the Website shall automatically stand revoked in such cases.
For the purposes of these Terms of Use, the term "CONTENT" includes, without limitation, information, data, text, logos, photographs, videos, audio clips, animations, written posts, articles, comments, software, scripts, graphics, themes and interactive features generated, provided or otherwise made accessible on or through the Services.
Sailspay reserves the right to moderate, publish, re-publish, and use all User generated contributions and comments (including but not limited to reviews, profile pictures, comments, likes, favorites, votes) posted on the Website as it deems appropriate (whether in whole or in part) for its product(s), whether owned or affiliated. Sailspay is not liable to pay royalty to any User for re-publishing any content across any of its platforms.
If you submit any material on the Website, you agree thereby to grant Sailspay the right to use, moderate, publish any such work worldwide for any of its product(s), whether owned or affiliated.
You acknowledge and agree that Sailspay (or Sailspay's licensors) owns all legal and proprietary right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
Unless you have agreed otherwise in writing with Sailspay, nothing in the Terms of Use gives you a right to use any of Sailspay's tradenames, trademarks, service marks, logos, domain names, and other distinctive brand features.
User agrees and unconditionally undertakes to comply with all applicable commercial and public anti-bribery and anti-corruption laws (including but not limited to the provisions of, Prevention of Corruption Act, 1988, Prevention of Money Laundering Act, 2002, Foreign Contribution (Regulation) Act, 2010, and any amendments thereto).
The User also unconditionally agrees and undertakes that it is compliant with and shall do/undertake all acts necessary to continue to be compliant with the provisions of 'The Know Your Customer (KYC) / Anti-Money Laundering (AML) / Combating Financing of Terrorism (CFT) guidelines issued by the Department of Regulation', RBI, as amended from time to time.
Sailspay disclaims any implied warranty for Services and any use thereof. You expressly understand and agree that your use of the Services is at your sole risk and that the Services are provided on an "as is" and "as available" basis.
In particular, Sailspay, its subsidiaries and affiliates, and its licensors do not represent or warrant to you that:
The User/Seller hereby represents and warrants:
The User shall indemnify and hold Sailspay, its subsidiaries, affiliates, promoters, directors, employees, contractors, licensors and agents and any other related or third parties involved with Sailspay in any manner whatsoever, harmless from and against all losses arising from claims, demands, actions or other proceedings as a result of:
Subject to the overall provisions stated above, you expressly understand and agree that Sailspay, its subsidiaries, affiliates, promoters, directors, employees, agents and licensors shall not be liable to you for:
Sailspay shall not be in breach of its obligation hereunder if it is delayed in the performance of, or is unable to perform (whether partially or fully) its obligations (provide the Services) as a result of the occurrence of a Force Majeure Event (defined below).
Force Majeure Event means any event, whatever be the origin, not within the reasonable control of Sailspay, which Sailspay is unable to prevent, avoid or remove or circumvent by the use of reasonable diligence. Force Majeure event shall include, but shall not be limited to, acts of god, acts, orders, lockdowns, directions of governmental/ regulatory/ judicial/ quasi-judicial/ law enforcement authorities/ agencies which hinders Sailspay from performing its obligations under any agreement, including these Terms of Use, with you, war, hostilities, invasion, armed conflict, act of foreign enemy, embargoes, riot, insurrection, labour stoppages, outages and downtimes systems failures experienced by a facility provider, revolution or usurped power, acts of terrorism, sabotage, nuclear explosion, earthquake, pandemic, epidemic, hacking or man in the middle attack or similar attacks/ intrusions, fires, typhoons, storms and other natural catastrophes.
The User may receive or have access to certain confidential and proprietary information, including without limitation, information belonging and/or relating to Sailspay and its affiliates, marketing prospects, contractors, officers, directors or shareholders, personal data of customers of the User, financial and operational information, billing records, business model and reports, computer systems and modules, secure websites, reporting systems, marketing strategies, operational plans, proprietary systems and procedures, trade secrets and other similar proprietary information, including technical "know-how", methods of operation, business methodologies, software, software and technology architecture, networks, any other information not generally available to the public, and any items in any form in writing or oral, clearly identified as confidential ("CONFIDENTIAL INFORMATION").
The User shall keep Confidential Information in confidence. The User shall use commercial, reasonable and necessary safety measures and steps to maintain the confidentiality and secrecy of the Confidential Information from public disclosure, and the User shall at all times maintain appropriate measures to protect the security and integrity of the Confidential Information. The User shall not, without Sailspay's prior written consent, divulge any of the Confidential Information to any third party other than the User's officers, employees, agents or representatives who have a need to know for the purposes of these Terms of Use. The User shall take all reasonable steps to ensure that all of its directors, managers, officers, employees, agents, independent contractors or other representatives comply with this paragraph 12 whenever they are in possession of Confidential Information as part of this Agreement.
The User shall use the Confidential Information solely in furtherance of and in connection with the Services contemplated under these Terms of Use. The User further agrees that the Confidential Information will not be used by him/her and his/her representatives in any way detrimental to the interests of Sailspay. The User hereby unconditionally and irrevocably agrees and undertakes to take all necessary measures to ensure that the User's website or any other computer system that is being used to effect Transactions by the usage of Services, do not store/save any customer card or any other such related data. You further undertake that you shall be responsible for ensuring complete and absolute privacy, anonymity and security of all customer data flowing through your systems during the usage of the Services by you.
The aforesaid confidentiality obligations shall impose no obligation on the User with respect to any portion of Confidential Information which:
The User shall notify Sailspay immediately upon discovery of any unauthorized use or disclosure of Confidential Information or any other breach of this paragraph 12. The User will cooperate with Sailspay in every reasonable way to help Sailspay regain possession of such Confidential Information and prevent its further unauthorized use.
Parties acknowledge that irreparable damage may occur on breach of the terms and provisions set out in this paragraph 12. Accordingly, if the User breaches or threatens to breach any of the provisions set out in this paragraph 12, then Sailspay shall be entitled, without prejudice, to seek all the rights and remedies available to it under applicable law, including a temporary restraining order and an injunction restraining any breach of the provisions set out in this paragraph 12. Such remedies shall not be deemed to be exclusive but shall be in addition to all other remedies available under applicable law or in equity.
Subject to paragraphs 15.2 and 15.3 below, if Sailspay is intimated, by the Acquiring Bank or a Card Payment Network, that a customer has reported an unauthorized debit of the customer's payment instrument ("FRAUDULENT TRANSACTION"), then Sailspay shall be entitled to suspend the settlement of the amount associated with the Fraudulent Transaction during the pendency of inquiries, investigations and resolution thereof by the Acquiring Bank or the Card Payment Network. Subject to paragraph 15.3 below, if the Fraudulent Transaction results in a Chargeback, then the Chargeback shall be resolved in accordance with the provisions relating to Chargebacks as set out under these Terms of Use. If the amount in respect of a Fraudulent Transaction has already been settled to the User pursuant to these Terms of Use, any dispute arising in relation to the said Fraudulent Transaction, following settlement, shall be resolved in accordance with the RBI's notification RBI/DPSS/2019-20/174 DPSS.CO.PD.No.1810/02.14.008/2019-20, dated March 17, 2020, DBR.No.Leg.BC.78/09.07.005/2017-18, dated July 6, 2017 read with RBI's notification DBOD. LEG. BC 86/09.07.007/2001-02 dated April 8, 2002 and other notifications, circulars and guidelines issued by the RBI in this regard from time to time.
In an effort to manage our risk, we may monitor your transactions and processing activity for high-risk practices or for fraudulent transactions. We may also engage third-party service providers to assist in these efforts and other elements of the service. If we believe there is suspicious or unusual activity, we may temporarily or permanently suspend your access to the Service. Suspicious or unusual activity includes, but is not limited to changes in your average transaction amount or processing pattern or use of different payment accounts.
Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information. The manner, mode and extent of advertising by Sailspay on the Services are subject to change without any specific notice to you. In consideration for Sailspay granting you access to and use of the Services, you agree that Sailspay may place such advertising on the Services.
By accepting these Terms of Use, you authorise us to hold, receive, disburse and settle funds on your behalf. Your authorisation permits us to generate an electronic funds transfer between the payment system providers and the escrow account to process each payment transaction that you authorise. Thereafter, you authorise us to transfer the payments received from your buyers to the bank account designated by you for this purpose at the time of registration ("ACQUIRING BANK"). Your authorisation will remain in full force and effect until your Sailspay account is closed or terminated.
"CARD PAYMENT NETWORK RULES" refer to the written rules, regulations, releases, guidelines, processes, interpretations and other requirements (whether contractual or otherwise) imposed and adopted by the Card Payment Networks. These Card Payment Networks have infrastructure and processes to enable transaction authorisation. The Card Payment Networks require you to comply with all applicable guidelines, rules, and regulations formulated by them. The Card Payment Networks reserve the right to amend their guidelines, rules and regulations. We may be required to amend, modify or change these Terms of Use pursuant to amendments to the Card Payment Network Rules and such amendments, if any, shall be deemed to be binding on the Users with immediate effect. You agree to fully comply with all programs, guidelines, requirements that may be published and/or mandated by the Card Payment Networks. Notwithstanding our assistance in understanding the Card Payment Network Rules, you expressly acknowledge and agree that you are assuming the risk of compliance with all provisions of the Card Payment Network Rules, regardless of whether you are aware of or have access to those provisions. MasterCard, Visa and American Express make excerpts of their respective rules available on their internet sites.
In the event that your non-compliance of Card Payment Network Rules, results in any fines, penalties or other amounts being levied on or demanded of us by a Card Payment Network, then without prejudice to our other rights hereunder, you shall forthwith reimburse us in an amount equal to the fines, penalties or other amount so levied or demanded or spent by us in any manner in relation to such fines, penalties and levies. If you fail to comply with your obligations towards the Card Payment Networks, Sailspay may settle such fines, penalties or other amounts from future payables or suspend settlement or suspend/terminate the Services forthwith.
In consideration of the Services rendered by us, you shall pay Sailspay a fee ("FEE"). Sailspay reserves the right to revise the Fee periodically and will intimate you of any such change within reasonable time. Sailspay reserves the right to levy additional fees on transactions undertaken through corporate cards. On receipt of the payments in the nodal account, we will endeavour to instruct the nodal bank to transmit the payments payable to the seller, after deducting our Fee or chargebacks or penalties imposed by regulatory authorities not limited to RBI, from the nodal account to the seller's designated bank account, within 3 (three) bank working days (or such other period as may be prescribed by the Reserve Bank of India from time to time) from completion of transaction. Subject to any other provisions of these Terms of Use and completion of transaction, the seller acknowledges that we will settle the payments only upon actual receipt of payments in the nodal account and upon reconciliation of the payments by the Acquiring Banks, our payment gateway and the nodal bank. The seller will bear and be responsible and liable for the payment of all relevant taxes in relation to the payments made under these Terms of Use.
Sellers receive the amount (minus Sailspay's Fee or chargebacks or penalties imposed by regulatory authorities not limited to RBI) in their bank account within T+3 bank working days where T is defined as the date of intimation of the completion of the transaction. Sailspay shall be entitled to charge on the Fee, taxes applicable from time to time ("APPLICABLE TAXES"). It is agreed that any statutory variations in Applicable Taxes during the subsistence of this Agreement shall be borne by the User. Monthly invoices shall be raised by us in respect of the Fees charged for transactions processed during such month. Any reasonable dispute in respect of an amount (or a portion thereof) mentioned in an invoice must be communicated by the User via notice ("INVOICE DISPUTE NOTICE") within a reasonable period of time but no later than fifteen (15) calendar days from the date of the invoice. Sailspay shall use good faith efforts to reconcile any reasonably disputed amounts within reasonable time from the receipt of the Invoice Dispute Notice. In respect of invoices received by the Client, it is agreed that if the User pays over applicable taxes under the Indian Income Tax laws and furnishes to us the TRACES certificate in respect of such taxes paid, then we shall reimburse to the User, on a quarterly basis, the amount in respect of such taxes paid. Once a payment is authenticated by payment service providers, money shall be moved to the escrow account and the first settlement shall be initiated only after all required documents (in hard copies) are received by Sailspay. All risks associated with the delivery of the goods or service will solely be that of the seller and not of Sailspay. Also, all disputes regarding quality, merchantability, non-delivery, delay in delivery or otherwise will be directly between the seller and the buyer without making Sailspay and/or the payment service providers, a party to such disputes. Further, Sailspay also reserves the right to close, suspend, limit or put on hold the User's access to the account with Sailspay and/or the funds available therein, including settlements pertaining to the User under inter alia the following scenarios:
Such right to close, suspend, limit or put on hold the User's access to the account with Sailspay shall continue till such time that such User submits genuine KYC documents or credentials to the satisfaction of the relevant authorities as per the extant rules, regulations or guidelines with regard to KYC, as well as to the satisfaction of Sailspay without prejudice to any other legal remedy that Sailspay is entitled to prefer as per applicable law.
You agree that you will not accept payments in connection with businesses, business activities or business practices, including but not limited to the following Banned Categories of Products and Services:
Transactions may be disputed anytime within up to 120 (one hundred twenty) days, from the date of transaction by a buyer, as per the Card Payment Network Rules. Disputes resolved in favour of a buyer may result in reversal of payment to such buyer ("CHARGEBACK"). In the event of rejection/suspension of payments to the seller, chargebacks, refunds and/or any other dispute relating to the transactions contemplated under these Terms of Use ("DISPUTED TRANSACTION"), on any grounds whatsoever, we will forthwith notify the seller of the same. On such notification the seller will conduct an internal review of such matter and will, within 5 (five) working days from receipt of notification, respond to us in writing either:
All refunds shall be made to the original method of payment. In the event that the seller provides a Refund Request to us or fails to contest such Disputed Transaction within the aforesaid 5 (five) working days or contests Disputed Transaction without providing supporting documentation to us, payment service providers, Card Payment Network and/or issuing institution's satisfaction, we will be entitled to recover the Refund Monies from credits subsequently made to the escrow account with respect to payments made by the seller's buyers. In the event that we are unable to recover the Refund Monies as aforesaid, due to the amounts credited to the escrow account being lower than the Refund Monies, Sailspay shall be entitled to recover such Refund Monies (or any part thereof) from the User by (i) raising a debit note in respect of such monies; and/or (ii) setting-off the remaining Refund Monies against the future payables to the seller and refund the same to the respective buyers. The seller will be liable to make payment of the Refund Monies or part thereof which has not been recovered by us forthwith. It is hereby agreed and acknowledged by the parties that the Fees charged by us in respect of the Disputed Transaction will not be refunded or repaid by us to the seller, buyer or any other person. Further, the Chargeback will be provided within 1 (one) week of the transaction and the maximum amount of the Chargeback payable by Sailspay to the buyer will be the value of the transaction only.
In case of any technical issues, please raise a support ticket from your service dashboard or by visiting our website https://Sailspay.com/contact or by emailing us at support@Sailspay.com to let us know of the same. We endeavour to deliver Service to you within 15 (fifteen) working days of bank approval, failing which you can terminate a transaction related to Service at any time and get a full refund.
These Terms of Use and any dispute or claim arising under it will be governed by and construed in accordance with the laws of India. The Users agree that any legal action or proceedings arising out of these Terms of Use or in connection with these Terms of Use may be brought EXCLUSIVELY in the competent courts/tribunals having jurisdiction in New Delhi, India and the Users irrevocably submit themselves to the jurisdiction of such courts/tribunals.
Your privacy is of utmost importance to us. Upon acceptance of these terms of use you confirm that you have read, understood and unequivocally accepted our policies, including the provisions of our privacy policy.
Any complaints or concerns with regard to content of this website or comment or breach of these terms of use or any intellectual property of any user, instances of customer grievances, regulatory queries and clarifications shall be informed/communicated to the grievance cum nodal officer at the coordinates mentioned below:
Grievance cum Nodal Officer
E-MAIL: nodal.officer@Sailspay.com
WEBSITE: https://Sailspay.com/contact
I HEREBY CONFIRM THAT I HAVE READ THESE TERMS OF USE AND ACCEPT THEM.
