Terms And Conditions


 

  • Our Relationship with Merchant


  • 4ON

 

4ON enables customers to make payments on Merchant business website. We offer payment methods for Argentina, Brazil, Chile, Colombia, Mexico, and Peru. If Merchant wishes to activate a payment method on Merchant website, Merchant will need approval from 4ON. It’s important to note that 4ON operates independently and is not acting as Merchant agent or trustee. The 4ON Payment Methods should only be utilized for selling products or services and should not be utilized for money remittance purposes.



  • Assignment

 

The rights and responsibilities mentioned in this agreement are specific to the use of products and services being sold on websites approved by 4ON. Merchant is not allowed to transfer, assign, or resell any of the rights or obligations mentioned in this agreement without written consent from 4ON. If Merchant want to include or exclude a website, product or service for commercialization using the 4ON Payment Methods Merchant must seek approval from 4ON. Furthermore, it is within the rights of 4ON to transfer or assign this agreement or any associated rights and obligations at any time to another company within the 4ON Group structure.

 

IMPORTANT; To integrate each of the Merchant websites and process payments through our system we will provide Merchant with an Integration Key specific to each website utilizing the 4ON Payment Methods.

 

Furthermore, by agreeing to these terms Merchant acknowledges that if the integration key assigned to Merchant remains inactive for a period exceeding 6 months 4ON reserves the right to deactivate the integration key and terminate the Merchant Agreement.



  • Contact Information

 

We are available to provide support via email (support@4on.me) seven days a week and/or by phone (+55 41 99980 6575) from Monday to Friday between 9 am and 7 pm (BRT – Brasília time). Any official communication directed towards us should be sent to our email address (support@4on.me) and will be considered valid only upon receiving confirmation.




  • Compliance. Merchant Responsibilities


  • Pre onboarding

 

At its discretion 4ON may grant Merchant an Integration Key during the onboarding phase. However, please note that access to our Services will only be granted after completing the onboarding process in compliance with our requirements within a maximum of fifteen days from the start of this Agreement. Failure to meet these onboarding requirements may result in termination of this Agreement without notice or indemnification for any claims, actions, liability, damages established by law costs or expenses incurred. Additionally, Merchant eligibility for Settlements will be subject to approval, by 4ON.


  • Preventing Fraudulent Activities

 

Throughout the duration of our Agreement, it is necessary for Merchant to have and adhere to policies and procedures that effectively deter any abusive activities. It is crucial to enforce these procedures to safeguard both 4ON and our business. Merchant must ensure that when applicable Merchant will utilize any security measures introduced by 4ON to prevent abuse in transactions. These measures may be and are not limited to; (a) using a secure SSL protected checkout page; (b) following the API instructions provided at https;//it4on.gitbook.io/; (c) maintaining the confidentiality of integration keys and avoiding accidental sharing on platforms such as Github or Pastebin or embedding them securely within mobile applications. If Merchant suspects that any incorrect transaction information has been sent to 4ON please inform us immediately.



  • Antifraud Screening

 

By agreeing to this Merchant acknowledge that our antifraud systems will screen Merchant websites payment transactions. While these systems cannot guarantee prevention of all frauds and chargebacks, they significantly reduce the occurrence of such events.



  • Restricted Activities

 

To ensure compliance with 4ON’s regulations please refrain from engaging in any activities listed as restricted on our compliance website at https;//4on.me/. The list of activities that are not allowed may be changed by 4ON at any time according to our discretion.



  • Security

 

In terms of security, it is the Merchant’s responsibility to market, promote and provide 4ON Payment Methods in compliance with all laws and regulations. Merchant should ensure that these payment methods are only used by individuals who are 18 years of age or older. Additionally, if requested by 4ON Merchant must promptly provide any information about a suspected fraudster or suspicious transaction associated with a customer. However, this is subject to requirements. Merchant should also share any relevant information Merchant have regarding such situations.



  • Business Operation Permissions

 

The Merchant is solely responsible for marketing and providing 4ON Payment Methods in accordance with the policies set by 4ON and the restricted activities list provided by 4ON. Therefore, 4ON may ask about Merchant diligence process and request documents related to Merchant relationships with third parties involved in Merchant product or service (such as suppliers). 4ON may also inquire whether Merchant complies with data security payment network rules (such as PCI DSS rules) if applicable. By agreeing to these terms, Merchant commits to providing any requested documents within 72 hours to verify Merchant compliance with the standards.



  • Maintaining Strong Passwords and Keeping Merchant Email and Address Up to Date

 

It is Merchant responsibility to ensure the security and control of all Merchant login credentials, such as usernames, passwords, PINs, or any other codes Merchant use to access 4ON Fuse. Additionally, it is important that Merchant provides updated information when sharing it with 4ON.




  • Payment Processing. Electronic Transactions

 

Unless otherwise agreed upon only electronic transmission will be used for authorizing and submitting transactions for processing and settlement. To ensure secure network communication Merchant must connect with 4ON via a direct or secure connection. Merchant will be responsible for any costs associated with telecommunication equipment required on Merchant end of the communication facility.



  • Obligation to Provide Information

 

For customs purposes Merchant agrees to declare the value of the products sold to Merchant customers for each confirmed transaction including applicable shipping costs. Merchant must also send the invoice with the product when it is shipped.



  1. Refund and privacy Policy

It is mandatory that Merchant have an available return policy and privacy policy on Merchant website.

 

Merchant is responsible for offering reimbursement to Merchant customers if Merchant cannot provide them with services or goods due to reasons beyond their control. It is important that the Merchant privacy policy adheres to the regulatory requirements of the relevant data protection legislation.



  • Updates on Merchant Business

 

Before making any changes to the Merchant business model, websites, products, or significant alterations to Merchant structure please inform us in advance. In cases 4ON reserves the right to conduct a new compliance analysis based on the onboarding requirements. As a merchant it is crucial that Merchant always abide by laws and regulations concerning Anti Money Laundering, Counter Terrorism Financing and Bribery and Corruption prevention when using 4ON Payment Methods.




2.12 Compliance with Applicable Laws

 

The Merchant must adhere to all laws, rules, regulations, and standards related to anti bribery and anti- money laundering practices. It is essential that Merchant establish measures along with proper policies and procedures, against corruption and money laundering activities. Additionally, 4ON may require measures regardless of legal obligations. Under no circumstances should Merchant engage with any authority or government agency on behalf of 4ON or seek personal benefits or advantages for 4ON.



  • Payment Processing Guidelines


  • Eligibility

 

To use the services provided by 4ON Merchant needs to ensure that all Merchant physical goods and online services are offered outside the area where Merchant are collecting payments through 4ON Payment Methods. The Payment Methods provided by 4ON are specifically designed for transactions meaning that Merchant should sell Merchant physical goods and online services directly to customers from outside the specified area. If it is discovered that any goods or services are being provided from within the specified area 4ON has the right to suspend its services until clarification.



  • Payment’s providers

 

4ON may have integrated third-party payment providers into its platform, which made payment methods available for processing transactions. Contract and definition of services is agreed directly between 4ON and the selected payment provider.

 

One of these payment providers may be Openpay, which processes the transactions.



  • Identity Verification

 

By using 4ONs services Merchant grants authorization for them to verify Customer identity as required by laws and compliance regulations. This may involve requesting information from Customers such as date of bith, taxpayer identification number or any other details necessary to reasonably identify the Customer. 4ON may also require steps to confirm ownership of Customer email address or financial instruments, conduct a credit check report or verify Merchant information through third party databases or other reliable sources. Additionally, there may be instances where we need to check Customer driver’s license, passport, or other identification documents. 4ON retains the authority to close, suspend or restrict access to Merchant 4ON Fuse Business Account if we are unable to obtain or verify the required information within 72 hours of the request.



  • Monthly Limit for Customers

 

To ensure control over transactions per end consumer ID 4ON imposes a Monthly Limit of USD 3,000.00 per end consumer for transactions conducted with businesses operating through 4ON.



  • 4ONs Responsibilities


  • Authorization for payment processing services

 

Under all circumstances it is imperative that 4ON possesses all permits, permissions, and licenses (whether statutory, regulatory, contractual in nature or otherwise) required to provide Merchant with 4ON Payment Methods where applicable.




  • Transferability

 

4ON has the right to assign or transfer any rights and/or obligations related to this Agreement, limited exclusively to other companies within the 4ON Group.



  • Modifications in integration keys

 

Any changes made to its Integration Key will be promptly communicated by 4ON with notice of at least seven days in advance. Transactions signed using the old key shall be considered invalid.




  • Receipt of Funds


  • The possibility of reversals, chargebacks, and claims

 

When Merchant receives a payment, Merchant is responsible to 4ON, for the amount of the payment sent to Merchant along with any applicable fees if the payment is later invalidated for any reason. This means that apart from any obligations Merchant will need to cover the amount of the payment sent by the sender as well as the fees mentioned in Section 7 (Fees) of this Agreement if Merchant loses a claim or face a chargeback or if there is a reversal of the payment. Merchant agrees to allow 4ON to recover any amounts owed through debiting the Merchant Business Account. If there are funds in Merchant Business Account to cover Merchant liability Merchant also agrees to reimburse 4ON using alternate methods. In case a payee initiates a card chargeback it is important to note that this action is determined by the card issuer and not by 4ON.



  • Taxes

 

Merchant must inform Merchant customers that their purchases may be subject to taxation by customs or tax authorities in territories beyond what has been described in this clause.

 

  1. 4ON’s responsibility to deduct or collect taxes in Latin America territories where it operates as stated in this Agreement is limited to taxes mandated by local laws that require withholding or collection by the Processor. These taxes will be charged to the Customer at the time of the Transaction and paid to the appropriate authority through 4ON’s local Collection Agent. Consequently, 4ON will bear the collection, payment, remittance, and liability associated with these taxes.



  • Notification

 

If any legislation or regulation affecting the Services comes into effect during the term of the Processing Service Agreement 4ON will promptly inform Merchant.


  • Management Reports

 

As part of our service 4ON will grant Merchant access around the clock to reports and relevant data regarding Transactions made by Customers. This includes (a) payment notifications confirming that a payment has been made; (b) any deducted charges; (c) Merchant balance; and (d) a history of all Settlements made to Merchant. These reports, Customer data and all other related information are considered Confidential Information and will be handled by 4ON in compliance, with applicable regulations.


  • Availability of Funds


  • Reserve

 

4ON, at its sole discretion, may place a Reserve on funds held in Merchant Business Account when 4ON believes there may be a high level of risk associated with it, regarding high rates of chargebacks, refunds, customer complaints, negative media, and associated reputational risk. If 4ON places a Reserve on funds in Merchant Business Account, it will be displayed as “pending” in Merchant Business Account and 4ON may hold Merchant funds for up to 180 days to verify any possible liability. In case any liability is suffered by 4ON on Merchant behalf we may deduct the liability amount from Merchant Reserve. If the Merchant Business Account is subject to a Reserve, 4ON will send Merchant a previous notification specifying terms thereof. 4ON may change the terms of the Reserve at any time by sending Merchant a notification of the new terms.



  • Fixed Reserve

 

Unless otherwise agreed in the Agreement, 4ON reserves the right to place a fixed Reserve of up to 15% over each of Merchant requested settlement on the first 180 days of payment processing with 4ON, starting from the date of the first real payment. The fixed Reserve amounts will be held for 180 days starting from each settlement requested during the fixed reserve application period. After the 180 days period of fixed Reserve, if Merchant Chargeback rate does not increase over 0.5% no additional reserve of funds will be held at that moment. However, this fixed Reserve or placement of it after the 180 days period does not preempt 4ON to change the reserve percentage under the terms of this agreement.



  • Fees


  • Payment Processing Fee

 

The Merchant authorizes 4ON to deduct the Service Fees from the Merchant’s account, according to the Pricing established in the Service Agreement. Any changes to the Service Fees shall be agreed to in writing and signed by both parties. All fees’ changes shall apply 30 (thirty) calendar days after the agreement date unless a specific effective date has been agreed.



  • Chargeback Fee

 

There may be a Chargeback Fee for every chargeback deducted from the Merchant’s account, according to the signed Processing Service Agreement.



  • Refund Fee

 

There may be a Refund Fee for each Refund paid on Merchant behalf by 4ON to Merchant customers, according to the signed Processing Service Agreement.



  • Settlement Fee

 

4ON will charge a settlement fee for all amounts settled that have currency conversion, the fee percentages will be established in accordance with the Processing Service Agreement. Any settlement requested with its amount equal to or less than $50,000 USD, shall be charged $120.00 USD per settlement and such amount shall be deducted from the respective settlement in course.



  • Payment in Anticipation Services.

 

4ON may provide Merchant with Anticipation Services. In this case, the fees regarding Anticipation Services are subject to bank loan interest rates and the applicable fees, established by the market and dependent on it. Consequently, the fees regarding Anticipation Services (and hence the total amount) may change, in which case 4ON shall notify the Merchant with one month’s notice. Since 4ON is not responsible for these variations, 4ON shall not be chargeable for this circumstance.



  • Merchant Liability – Actions we may take


  • General Liability

 

The Merchant is responsible for all Refunds, Chargebacks, Claims, fees, fines, penalties, and other liabilities incurred by 4ON, a Customer, or a third party, that is caused by or arising out of Merchant breach of this Agreement, and/or Merchant use of 4ON Fuse. Merchant undertakes to reimburse 4ON, a Customer, or a third party for any and all such liabilities. Additionally, we can withhold funds from Merchant balance at any time to provide reimbursement for these liabilities as stated on this Agreement.



  • Refunds

 

Merchant hereby agrees to fully and timely cooperate with and assist 4ON to address any issues affecting the 4ON Payment Methods where cooperation or assistance from Merchant is required. If 4ON receives a Refund request by Merchant Customer and tries to contact Merchant for more than 72 hours without success, the requested Refund will be made by 4ON to Merchant Customer and the respective value will be deducted from the Merchant account. Hence, Merchant hereby agrees to reimburse 4ON for any Refunds and thus we are entitled to deduct such Refunds from the Merchant account to be made according to this Agreement. Merchant must request any and all Refunds within 90 days from the transaction date.



  • Customer Complaints

 

In the event we receive an inquiry or complaint from a Customer regarding Merchant services, 4ON shall refer the matter to Merchant as soon as practicable, as Merchant has a direct contractual relationship with the Customer, to which we will not be held liable, nor will we be part of. Merchant shall be solely responsible for resolving any Customer service matters. Nonetheless, 4ON agrees to cooperate with Merchant in resolving Customer service matters and to properly respond to requests for information within 2 business days. Merchant shall contact us via support@4on.me. 4ON will not interfere in the dispute except to confirm that the payment was made in accordance with the instructions informed by Merchant to 4ON in the payment request.



  • Payments on Demand

 

4ON Payment Methods shall only be used for commercialization of products or services, and under no circumstances shall they be used for money remittance purposes. Merchant is responsible for the products and services commercialized using 4ON Payment Methods. Therefore, Merchant shall be responsible for any liability arising out of such commercialization. Furthermore, Merchant hereby agrees that all products and services commercialized using 4ON Payment Methods will be in accordance with applicable legislations and our compliance policies. Furthermore, Merchant understands that in no event shall our payment methods be used for illegal purposes, and a breach of this provision may be the cause for a criminal complaint and will be handled by the competent authorities.




  • Reimbursement for Merchant Liability

 

If Merchant is liable for any amounts owed to 4ON due to actions relating to Merchant business activities with us, 4ON may immediately deduct such amounts from Merchant account. If the balance on Merchant Business Account is insufficient to pay Merchant liability off, Merchant remaining balance (if any) will be withdrawn, and Merchant Business Account will have negative balance to cover the full and/or outstanding amount of Merchant liability, and Merchant will be required to immediately add funds to Merchant Business Account to settle the negative balance. If Merchant do not do so, 4ON may engage in collection efforts to recover such amounts from Merchant.



  • Restricted Activities Liability

 

If 4ON, at its sole discretion, believes that Merchant may have engaged in any restricted activities, we may take various actions to protect 4ON, Customers and third parties from Reversals, Chargebacks, Claims, fees, fines, penalties, and any other liabilities.

 

The Merchant is not entitled to, in no case nor under any excuse, to sell products that are prohibited by the Health Surveillance authorities, or any other authority, in the Territory where 4ON will provide Merchant with local payment methods. Merchant can ask us at any time to confirm which substances or products are prohibited or not. In case Merchant are not in compliance with this provision, 4ON reserves the right to terminate this Agreement immediately. Any such situation shall entail that Merchant is solely responsible for fully reimbursing the Customer, and for bearing any costs that 4ON might incur as a result of this situation.

 

If any product Merchant sell using our payment methods gets confiscated by the authorities, Merchant acknowledges that Merchant sold that product at Merchant own discretion and, therefore, neither the customer nor 4ON shall be punished for it. Moreover, we may refund the Customer in these cases and deduct the amount from Merchant Account.



  • Account Closure, Termination of Service, Limited Account Access; Confidential Criteria

 

If we close the Merchant Business Account or terminate Merchant use of 4ON Fuse for any reason, we will notify Merchant of our actions. Further, Merchant acknowledges that 4ON’s decision to take certain actions, including limiting access to Merchant Business Account by placing holds or imposing Reserves, may be based on confidential criteria that are essential to our management of risks and to the security of the Customers’ accounts and the 4ON system itself. Merchant hereby agrees that 4ON has no obligation to disclose the details of its risk management policies or security procedures to Merchant.


  • Settlements – How we send Merchant money to Merchant

 

  1. All transactions using 4ON Payment Methods have their funds available to be settled by 4ON in accordance with the settlement period of each payment method and country. This availability should be between 7 and 35 days from the date the payment was confirmed. Merchant understands and recognizes that the payment methods used by 4ON in each country where the 4ON Payment Methods are being offered are not responsible for this Settlement.




  1. Once Merchant receives Merchant Integration Key, Merchant must provide Merchant Bank Account information to 4ON’s Finance team, which shall be the same Bank Account informed and approved during the onboarding with 4ON. It is Merchant responsibility to make sure Merchant Bank Account information has been accurately added to Merchant Business Account profile. Otherwise, Merchant may not be able to receive Merchant Settlements.



  1. Merchant hereby acknowledges that Merchant Bank Account shall be owned by the entity entering into this Agreement, and the financial institution is in a country other than the ones in which 4ON Payment Methods are being offered. Otherwise, Merchant shall not be able to receive Merchant Settlements. Furthermore, Merchant acknowledges that it is Merchant responsibility to inform us if there are any changes to Merchant Bank Account information and, in this case, we may have 2 business days to review it. Moreover, Merchant shall inform a bank account able to receive an international wire transfer in chosen currency from the countries where 4ON has bank accounts.



  1. All Settlements shall be made to Merchant Bank Account by bank wire transfer in United States Dollars or Euros. Moreover, Merchant shall indicate the preferred Settlement frequency to 4ON (support@4on.me). If Merchant do not indicate the preferred Settlement frequency and currency, settlements may be done in US Dollars and by direct e-mail request at the Support Channels by default.




  1. Once Merchant requests a Settlement, we will send a confirmation of receipt of Merchant request within 1 business day. Thereafter, once Merchant Settlement request is confirmed, we will make the Settlement within 72 hours. Merchant hereby understands that 4ON is not responsible for any delays caused by Merchant bank in receiving the settlements.




  • General Provisions


  • Exclusivity

 

Unless otherwise agreed in the Processing Service Agreement, Merchant hereby agree that 4ON shall be Merchant service provider for online payment processing services. Therefore, 4ON shall process at least the committed volume of transactions in the Territories, as described in the Processing Service Agreement.




  • Equality of Conditions

 

Merchant shall sell the products and services to Customers using 4ON Payment Methods in the same price and conditions offered to Customers using other means of payment provided by a third party.



  • Intellectual Property

 

“4ON.me” and all other URLs, logos and trademarks related to 4ON Fuse are either trademarks or registered trademarks of the 4ON Group or its licensors. Merchant shall undertake to use the 4ON logo in accordance with our requirements and we shall have the right to restrict its usage.




  • Permission to use copyrighted material

 

Merchant hereby grants 4ON the right to use and display Merchant logo and name on 4ON’s website, films, multimedia presentations, public events, press releases, catalogs, trademarks, logotypes, designs, especially in any material used to sell and promote 4ON Fuse. Moreover, Merchant’s logo and name can be explicitly used on 4ON’s website to show that we process Merchant payments in Latin America, with the single purpose of promoting 4ON Fuse.



  • Data Protection

 

4ON complies with all data protection laws and regulations applicable to the terms of this Agreement and uses personal data only for the purposes described in our Privacy Policy. Thus, Merchant shall expressly inform Merchant Customers that 4ON has access to the Customer data and that such data will be processed according to 4ON Privacy Policy. In the event that either the Processor or the Merchant detects a security breach to one of its servers, it shall immediately notify the other Party, using the appropriate Support Channel. The Merchant hereby acknowledges and accepts all terms of the Data Processing Agreement available here.



  • Limitations of liability

 

To the extent permitted by law, 4ON shall not be liable and shall not have responsibility of any kind to Merchant or Merchant Customers for any loss or damage that may incur in the event of (a) any failure or interruption of the Payment Processing Services; (b) any act or omission of any third party involved in making the Payment Processing Services or the data contained therein available to Merchant; (c) any other cause relating to Merchant access or use, or inability to access or use; (d) the cost of procurement of substitute goods or services; (e) unauthorized access to or alteration of Merchant transmissions or data, whether or not the circumstances giving rise to such cause may have been within the control of 4ON or of any related software, services, or support for the Payment Processing Services; (f) a suspension or other action taken with respect to Merchant Business Account; (g) Merchant needs to modify practices, content, or behavior, or Merchant loss of or failure to do business, as a result of changes to this Agreement or 4ON’s policies; (h) any fraud or Chargeback that is not prevented by 4ON’s antifraud system; (i) any virus or malicious software from Merchant systems misuses.




  • Indemnification

 

Merchant agrees to defend, indemnify, and hold harmless 4ON Group from any claim or action (including attorney fees) brought or incurred by any third party due to or arising out of Merchant breach of this Agreement, Merchant improper use of 4ON Fuse and/or Merchant violation of any laws or the rights of a third party.

 

4ON Payment Methods are not an indemnified solution against credit card chargebacks and frauds. Merchant are fully responsible for the related potential losses, meaning that any chargebacks or frauds shall be deducted from Merchant Business Account Balance.

 

Merchant hereby undertakes to reimburse 4ON for any damage probably suffered by 4ON due to fines and/or penalties imposed by the credit card schemes’, acquirers, or issuers, or by government authorities, due to Merchant noncompliance with the rules and requirements under this Agreement.



  • Force Majeure

 

If any event beyond our control such as natural disaster, war, strike, embargo, among others, prevents us from performing our obligations hereunder, we shall immediately notify Merchant so we can reach an agreement on how to resume the provision of our services.


  • Confidentiality Clause

 

Every information and all communications exchanged between us is deemed confidential. Therefore, the breach of our confidentiality is a breach of the Agreement.



  • No Waiver

 

Our failure to act in respect to a breach by Merchant or others does not waive our right to act in respect to subsequent or similar breaches.



  • Amendment

 

Any change hereto shall only be valid and effective if in writing and upon agreement by Merchant and 4ON. However, 4ON reserves the right to revise and modify the provisions set forth herein though an addendum sent electronically to Merchant or published on our website. If Merchant do not agree with the new terms, Merchant may request the termination of this Agreement. Otherwise, if Merchant continues using the Services, we may presume Merchant acceptance to the new terms.



  • Signing Authority

 

The persons executing this Agreement expressly warrant that they have the legal authority to bind for and

on the parties’ behalf.



  • Contractual Coalition

 

If new services can be offered and/or provided by 4ON to Merchant, such as Marketing, Fraud Prevention and any other services that may arise after the execution of the Agreement, specific new agreements and conditions may be negotiated between Merchant and 4ON.



  • Term and Terminations

 

  1. The Agreement shall commence on the date provided in the Processing Service Agreement, and will remain in effect for 2 years, unless otherwise provided in the Agreement. This Agreement may be terminated by either party, at any time, due to: (a) any party’s written notification, sent to the other party’s email (our email is support@4on.me), with the respective receipt confirmation, prior to 60 calendar days; (b) any party’s breach of a material provision of this Agreement and/or the failure to comply with applicable laws, 4ON’s policies or 4ON’s restricted activities, which are causes of immediate termination.



  1. If we believe Merchant is acting illegally or not in compliance with the requirements set out herein, we shall, at our own discretion, be entitled to suspend or disconnect 4ON Payment Methods from Merchant website or Merchant access to request Settlements until Merchant proves to our satisfaction that Merchant is compliant with the Agreement.



  1. We may terminate this Agreement with immediate effect pursuant to any credit card schemes’, acquirers’, issuers or regulatory demand, requirement, or directive, within the Territory, for the cessation of the payment processing services for all or part of the products or services sold by Merchant. In the event of receipt of such communication, we shall immediately notify Merchant of such demand, requirement, or directive.



  • Disputes with 4ON


  • Please contact 4ON first!

 

4ON wants to address Merchant concerns without resorting to formal legal proceedings. Before any dispute, Merchant hereby agrees to try to resolve the dispute commercially by contacting 4ON through support@4on.me



  • Dispute Resolution

 

In the event of any dispute arising out of or relating to the performance, enforcement, breach, or termination of this Agreement, the parties shall first use their best efforts to resolve such matters by negotiation. If the parties do not settle their differences within a period of 30 days from the date either party gives notice that a dispute exists, the dispute shall be finally settled by arbitration administered by the independent party. Should arbitration be invoked, the governing law shall be aligned between the parties.




  • Applicable Law

 

Merchant hereby agrees that, except to the extent it is inconsistent with or preempted by any other applicable law, The laws governing contracts may be defined according to the merchant’s processing countries and may be considered definitions of the service agreement arise between Merchant and 4ON.

 

Definitions 

A

Addendum: means the addendum to this Merchant Agreement Terms and Conditions signed in written or communicated to Merchant.

 

Agreement: means this Merchant Agreement Terms and Conditions and all links mentioned herein.

 

Anticipation Services: means the service provided by 4ON itself or through a third-party contractor to Merchant consisting in advancing funds from Credit Card transactions in LATAM between 30 to 35 days after the transaction was confirmed to 2 days after payment confirmation.

 

Applicable Legislation: means all applicable legislation, regulations and any and all directives and/or guidelines of any applicable regulatory or governmental authority relating (as applicable to the context) to each party’s obligations under and/or pursuant to this Agreement or the business activities performed by the parties.

 

B

 

Bank: means a Financial Institution with which 4ON and Merchant maintain an account. Such financial institution must be subject to regulations by its respective national financial supervisory authority or authorities.

 

Business Account: means the account in which Merchant hold funds regarding the use of Payment Processing Services.

 

Business Day: means any day other than (i) a Saturday or Sunday and (ii) a national holiday in the Brazilian Territory.



C

 

Chargeback: means when the Customer claims to their issuer that the products and/or services were not received or not requested at all or when the transaction was not recognized by the Customer and therefore demands to be refunded for the payment or have the given transaction cancelled and not charged from the Customer.

 

Chargeback Fee: means the amount to be charged per Chargeback.

 

Collection Agent: means the 4ON group company that is in charge of providing the Collection Agent Service to 4ON in the Territory;

 

Collection Agent Service: means the service of collecting, ensuring compliance with local anti-fraud and anti-money laundering, as well as other regulatory standards under local law, transferring the monetary amount of the Transaction to 4ON, and then ensuring compliance, post-transfer, with international anti- fraud and anti-money laundering, as well as other regulatory standards under international treaties/conventions.

 

Confirmed Payment: means the transaction is confirmed and its respective funds will become available to 4ON according to the fund’s availability time for the payment method used to process the transaction.

 

Customer: means a person situated in one of the Territories described in this Agreement that makes purchases from Merchant through 4ON Payment Methods.

 

Customer Data: means the personal data collected from the Customers by Merchant for KYC (Know Merchant Customer), AML (Anti-Money Laundering) and FX (Foreign Exchange) policies and purposes.

 

Customer ID: means the personal information used by 4ON on its systems to identify each Customer using 4ON Payment Methods.

 

D

 

Dashboard: means management interface tool with 4ON in which Merchant will have full access, in real- time, to all the transactions taking place, request settlements, update Merchant bank account information, and register authorized users.



F

 

Fee per transaction: means the amount to be charged per transaction processed on Merchant behalf by 4ON. Rates may vary according to the 4ON Payment Method used to process the transaction depending on the negotiation between the parties. Fees may include Fixed Fee, Rate per Transaction and/or Minimum Fee.

 

Fixed Fee: means the fixed negotiated amount to be charged per processed transaction using 4ON Payment Methods.

 

FX Conversion Rate: means the Conversion Rate for American Dollars (USD) from the Territory’s Currency

provided by the Processor’s Banking partners.



I

 

Integration Key: means a non-transferable, confidential key used to identify each Merchant website(s).



M

 

Merchant: means the entity engaged in the business of online sales of physical goods, digital goods and/or online services that intends to sell its products/services through 4ON Payment Methods.

 

Merchant Bank Account: means Merchant bank account at a financial institution in the country where Merchant entity is registered and communicated to 4ON through the Dashboard. Merchant bank account shall be pre-approved by 4ON according to anti-money laundering policies previously to any Settlement being paid.

 

Minimum Fee: means the minimum amount to be charged per transaction by 4ON

 

Monthly Limit: means the limit per Customer ID to which the Customer is entitled to spend per month using 4ON Payment Methods. This limit does not apply solely to the transactions processed on Merchant behalf.



N

 

Net Transaction Value: means the sum of the Authorized Transactions minus the applicable Service Fee.



P

 

Payment Processing Service: means the services to be provided by 4ON pursuant to this Agreement under which 4ON processes transactions on Merchant behalf.



R

 

Refund: means returns, reversals or adjustments due to Transactions pursuant to Payment Network Rules or Applicable Legislations where the Customer is refunded with the full or partial amount of a Transaction.

 

Refund Fee: means the amount to be charged per Refund.

 

Reserve: means the funds that might be withheld in Merchant Account by way of guarantee, when 4ON believes there might be a high risk associated to Merchant account. The funds may be withheld from 30 up to 180 days.



S

 

Service Fee: means any amount to be charged for the Payment Processing Services provided by 4ON

 

Settlement: means the funds transferred to Merchant, by international wire transfer, to Merchant bank account informed on the Dashboard.



T

 

Territory: means the Latin America Countries where 4ON shall provide its Payment Processing Services.

 

Transaction: means a contract for the sale of products and/or services entered between the Merchant and a Customer where payment is to be made using 4ON Fuse.