Public Offer

1. Terms and definitions

• Operator means the TabPay service that provides services under this Offer.
• Partner means a bank, an SBP operator, an electronic money operator, a payment aggregator or another payment service provider with which the Operator has entered into a cooperation agreement and with whose participation Transactions are carried out.
• Payment System means Visa, Mastercard, MIR, SBP and other systems with which the Operator interacts.
• Client means a person accepting payment for goods, works and services through the Service: a legal entity, an individual entrepreneur or an individual, including an individual applying the special tax regime “Professional Income Tax” (self-employed).
• User (Payer) means an individual with full legal capacity who pays for the Client’s goods, works and services using the Service.
• Transfer means the transfer of the Payer’s funds to the Client as part of non-cash settlements.
• Transaction means the acceptance through the Service of a Payer’s payment to the Client, as well as a refund of such payment to the Payer (Refund Transaction).
• Service means the Operator’s services for accepting and transferring payments and the related information and technology interaction.
• Personal Account means the Client’s account on the Website.
• Agreement means the agreement between the Operator and the Client concluded by acceptance of the Offer, together with any supplementary agreements signed by the parties. Sections 6 and 7 of the Offer apply to the relations of the parties unless a document signed by the parties expressly provides otherwise.

2. Subject of the Offer

The Operator provides the Client with access to accepting online payments (Russian bank cards and SBP), assistance with integrating technical solutions, Transaction monitoring and the arrangement of payouts through the network of Partners.

The Operator ensures information and technology interaction between the participants in settlements and is not a party to the contract between the Client and the User, nor is it liable for the Client’s performance of its obligations under such a contract.

3. Registration and account

To access the Service, the Client completes registration: enters its details in the form on the Website, provides information about the project (website, app, bot) and confirms ownership of it. Upon completion of registration, the Client gets access to the Personal Account with the Transaction history and balance.

The Client is solely responsible for the security of its login and password and for all actions performed under its account. Full access to the Service is granted after the information provided has been verified and the Agreement with the Operator has been concluded.

The Client may not transfer, sell, rent out or otherwise provide access to the Personal Account to third parties, or register in the interests of third parties. Such actions are among the Violations specified in Section 6 of the Offer; the measures and the penalty for them are set out in Section 7. The Client may not share its login and password with other persons: the Client’s employees and representatives access the Personal Account with their own login and password through the “Team” section.

The Client accepts payments through the Service only for its own goods, works and services sold through the resource (website, app, bot or other sales channel) specified during registration or when connecting a store in the Personal Account. The list of Violations related to payment acceptance is set out in Section 6 of the Offer; the measures and the penalty for them are set out in Section 7.

4. How the Service works

• The Operator arranges the acceptance and transfer of payments to the Client through Partners and assists with integration on the Client’s side.
• The Client has real-time access to the payment history, the balance and the amount of fees withheld.
• The Operator may unilaterally set and change limits on Transactions.
• The Operator may temporarily suspend the withdrawal and/or acceptance of funds (a hold) if there are risks of fraud or other grounds provided for by the Offer and the law. In the event of the Violations specified in Section 6, the withdrawal suspension period and the procedure for withholding funds are determined by Section 7.

The Client must provide accurate information, update it in a timely manner, provide documents upon request and ensure the security of access to the Personal Account.

5. Fees and settlements

The Operator is entitled to a fee for the use of the Service for each Transaction. The amount of the fee and the settlement procedure are determined by the Agreement; the fee may be withheld from payments received for the Client. Settlements are made in rubles (RUB). The time of Transactions is determined in Moscow time as recorded by the Operator’s technical systems.

A Client who is an individual, including a self-employed person, independently fulfills their tax obligations in respect of income received using the Service and complies with the restrictions of their tax regime. The Operator is not the tax agent of such a Client.

6. Prohibited activities

The Service may not be used to collect Payers’ bank details (phishing), on non-working websites and empty accounts, or for selling goods, works and services prohibited in the Russian Federation.

The Service does not work with the categories listed in the “Prohibited categories” section of the Merchant Requirements. The Merchant Requirements form an integral part of this Offer and are amended in the manner set out in Section 12.

The following actions of the Client constitute violations under this Offer (the “Violations”), for which the measures and the penalty under Section 7 apply:

• accepting payments through the Service for the benefit of third parties or for their goods, works and services (transit);
• initiating payment anywhere other than on the Client’s resource specified during registration or when connecting a store in the Personal Account, that is, directing Payers to payment (creating payments and redirecting to the Service’s payment page) from websites, apps and services other than that resource, including from third-party resources (routing third-party traffic);
• connecting the Service to payment aggregators, payment routers or other intermediaries;
• providing third parties with the API key, integration data or payment links;
• reselling or transferring access to the Personal Account to third parties, including registration in the interests of third parties;
• accepting payments for goods, works and services from the “Prohibited categories” list of the Merchant Requirements, including online casinos, gambling, betting and wagering, as well as accepting payments as part of fraudulent schemes and other activities from that list.

The following are not Violations:

• sending an invoice or a payment link by the Client to its Payer (by email, messenger, social network or another communication channel) to pay for the Client’s goods, works and services;
• payment on the Service’s pages (the payment page, the subscription page) that the Payer reached from the Client’s resource or via a link received from the Client;
• providing access to the Personal Account, the API key and integration data to the Client’s employees and representatives, as well as to persons engaged by the Client to integrate and maintain its resource and acting on behalf and in the interests of the Client, including team members added through the “Team” section of the Personal Account. The Client is liable for the actions of such persons as for its own.

An additional review is carried out if there is no access to the website or account, contact details are not provided, or there is no information on how the goods, works and services are provided.

7. Measures and penalties for violations

If a Violation is detected, the Operator may, without prior notice to the Client:

• block access to the Personal Account and the Service;
• stop accepting payments;
• suspend withdrawals for up to 180 (one hundred and eighty) days from the date of the last payment accepted through the Service for the Client (Refund Transactions do not extend this period), and at the request of a Partner or government authorities, until the review is completed.

For each Violation, the Client pays the Operator a penalty of 100% (one hundred percent) of the amount of the Transactions accepted in violation, but not less than RUB 100,000 (one hundred thousand rubles).

Each case of a Violation of one of the types listed in Section 6 detected by the Operator constitutes a separate Violation, regardless of the number of Transactions accepted in violation. A Violation that continues after the measures are applied or resumes after access is restored is a new Violation.

The amount of the Transactions accepted in violation is the total of the Payers’ payments successfully accepted through the Service in connection with the Violation during the Violation period, excluding Refund Transactions and without reduction by subsequent refunds and chargebacks. The Violation period is determined on the basis of the Service’s data: from the first detected sign of the Violation until the measures are applied. If a Violation concerns a store, an API key or the Personal Account as a whole (connection to intermediaries, transfer of the API key, integration data or access to the Personal Account), all payments of that store (API key, Personal Account) during the Violation period are deemed accepted in violation unless the Client proves that a specific payment is unrelated to the Violation. Each payment is counted only once when calculating the penalty.

The penalty is a punitive penalty: the Operator’s losses, including the amounts of claims and penalties imposed on the Operator by Partners in connection with the Violation, are recovered in addition to the penalty.

The Operator withholds the penalty and other amounts payable by the Client in connection with the Violation from the funds on the Client’s balance by setting off counterclaims, without the Client’s additional consent. By accepting the Offer, the Client consents to such withholding. The Operator notifies the Client of the measures applied, the amount of the penalty and the set-off made to the email address specified during registration; such notice constitutes a set-off statement.

When the measures under this Section are applied, the funds on the Client’s balance are applied in the following order:

1. refunds to Payers, including refunds made by the Operator without the Client’s request at the demand of a Partner or upon a Payer’s complaint, and chargebacks;
2. claims and penalties imposed on the Operator by Partners in connection with the Client’s Transactions or actions;
3. compensation of the Operator’s losses;
4. payment of the penalty.

The remaining funds, if any, are paid to the Client after the withdrawal suspension period ends, upon the Client’s request sent to the Operator’s email address specified in Section 14 of the Offer, to the Client’s payout details verified by the Operator.

If the balance is insufficient, the Client must pay the shortfall within 10 (ten) business days from the date the Operator sends a demand to the email address specified during registration. Such a demand constitutes a claim for the purposes of Section 13 of the Offer.

A Violation is confirmed, in particular, by the Service’s data: the Transaction log; information about the source from which the payment page was accessed, the IP addresses from which the payment page was opened and payment was initiated, the devices from which payment was initiated and the method by which payment was initiated; the IP addresses from which the Personal Account was accessed and requests were made to the Service’s API with the Client’s API key; the addresses of the pages to which the Payer returns after payment and the payment notification addresses specified by the Client; as well as notifications from Partners, complaints from Payers and the results of test purchases. The parties recognize the Service’s data as proper evidence of the circumstances of a Violation.

For other breaches of the Offer, the Operator may apply the measures provided for by Section 9; the penalty under this Section is not charged for them.

8. Chargebacks and refunds

The Client must keep supporting evidence of the delivery of goods or provision of services (receipts, logs, proof of delivery, etc.) for at least 6 months from the date of the Transaction and provide it at the request of the Operator or a Partner. The Client disputes chargebacks on its own and in a timely manner; the procedure for and the amount of penalties for undisputed or lost chargebacks are determined by the Agreement.

A refund to the Payer (Refund Transaction) is made at the Client’s request and, in the cases provided for by Section 7, also by decision of the Operator, and may not exceed the amount of the original payment. Disputes about the reasons for a refund are resolved between the Client and the User without the Operator’s involvement.

The amount of the Refund Transaction and the fee for processing it are withheld from the Client’s balance. The Operator’s fee for the refunded payment is not returned. If the balance is insufficient, the debt is repaid from subsequent receipts, and withdrawals are suspended until it is repaid. If payment acceptance has been stopped on any grounds, the Client pays the debt at the Operator’s demand within 10 (ten) business days from the date the demand is sent to the email address specified during registration; if payment acceptance has been stopped on the grounds set out in Section 7, deductions are made in the order established by that Section.

9. Rights and obligations of the parties

The Operator may:

• change and extend the functionality of the Service and carry out technical maintenance;
• suspend or terminate access to the Service in the event of a breach of the terms of the Offer or the law, and in the event of the Violations specified in Section 6, apply the measures and recover the penalty set out in Section 7.

The User and the Client must:

• provide only accurate and up-to-date information;
• use the Service for lawful purposes only;
• keep their access credentials confidential.

10. Liability

The Operator’s obligations are limited to the information and technology support of payment acceptance to the extent provided for by the Agreement. The Operator is not liable for the quality of the Client’s goods, works and services, or for restrictions, blocks or cancellations of Transactions imposed by Partners and issuing banks.

The Service is provided on an “as is” basis. The Operator does not guarantee uninterrupted operation and is not liable for failures caused by the actions of third parties or by force majeure.

The Client’s liability for the Violations specified in Section 6, including the penalty and the procedure for withholding it, is set out in Section 7 of the Offer.

11. Privacy

Personal data is processed in accordance with the Privacy Policy, which forms an integral part of this Offer.

12. Changes to the Offer

The Operator may amend the Offer. Amendments are published on the Website and take effect from the moment of publication. By continuing to use the Service after the amendments, you confirm your acceptance of the new version.

13. Dispute resolution

The relations of the parties are governed by the law of the Russian Federation. A pre-trial (claim) procedure is mandatory. Disputes not settled through negotiations are referred to the court at the Operator’s location. The User’s claims regarding a contract with the Client are sent directly to the Client.

14. Contacts

For questions about using the Service, please contact us:

• Email: support@tabpay.org
• Telegram: @tabpaysupport