This Schedule B sets forth certain specified additional terms that may be applicable to you, depending on your use of the Tazapay Services. Where applicable, you acknowledge and understand that your use of the Tazapay Services constitutes acceptance of these terms, and you agree to be bound by them. Notwithstanding the foregoing, this Schedule B shall not preclude the requirement of your acceptance of any other additional terms not included in this Schedule B but otherwise referred to in the relevant appendices for the Tazapay Services you use. Capitalised terms not otherwise defined in this Schedule B shall have the meanings ascribed to them in the General (Account Holder) Terms and Conditions and/or the applicable Appendix.
If you are issued, in connection with your use of the Tazapay Services, a Virtual Account with Cross River Bank, a New Jersey state chartered bank (the "Custodian"), or its Affiliates, the following terms shall apply to you:
No Money Transmission. You acknowledge and understand that, in connection with any Virtual Account provisioned with the Custodian, Tazapay does not engage in or provide money transmission or money transfer or payments services. All payments made with respect to Tazapay's products or Services are processed and disbursed by regulated financial institutions.
PATRIOT Act Notice. Your data, including personal data, will be processed in accordance with the USA PATRIOT Act (Pub. L. 107–56). To help the government fight the funding of terrorism and money laundering activities, Section 326 of the USA PATRIOT ACT requires all financial institutions to obtain, verify and record information that identifies each person who opens an account or changes an existing account.
Security Measures. You acknowledge and understand that it is your sole responsibility to evaluate the security requirements of your business and implement security procedures and controls ("Security Controls") with regard to your use of your Tazapay Account appropriate to mitigate your exposure to security incidents. You acknowledge and understand that, with respect to any Virtual Account issued with the Custodian, the Company has been advised of any security procedures employed by Custodian and that the procedures are commercially reasonable methods of providing security against unauthorized Transactions, and that Custodian shall be deemed to have acted in good faith so long as any Instruction initiated complies with such security procedures.
Privacy Notice. In connection with any Virtual Account provisioned with the Custodian, you acknowledge and understand that Tazapay collects, uses, and shares certain of your personal information with Custodian as necessary to establish and maintain the Virtual Account, in accordance with Tazapay's Privacy Policy. You further acknowledge and understand that Custodian does not use or disclose your information for its own marketing purposes or for joint marketing with other financial institutions. To the extent Tazapay shares your personal information with Custodian or any other party in a manner not covered by an applicable exception, you will be given the opportunity to opt out of such sharing, and Tazapay will honor any opt-out election you make.
Changes to These Terms. You acknowledge and understand that Tazapay's arrangements with Custodian may be amended, restricted, or otherwise modified by Custodian from time to time, including changes required for Custodian to comply with Applicable Law, its regulatory obligations, or its own risk management policies. Where any such change affects the terms applicable to your Virtual Account, Tazapay will notify you of the change, and your continued use of the Virtual Account following such notice constitutes your acceptance of the updated terms.
Authorization for Use of Virtual Account. By using a Virtual Account provisioned with the Custodian, you authorize and approve Tazapay's use of the Virtual Account, and any custodial account maintained by Custodian on your behalf, for the purposes described in these Terms, including the use of the payment methods made available to you for the transmission of funds to and from such payment account. You acknowledge and agree that Tazapay has no ownership, beneficial, or other legal interest in, or right to control, any custodial account maintained by Custodian, and that funds held in such account are held for the benefit of the intended or designated recipient of those funds.
Regulation E Notice. You acknowledge and understand that Custodian does not maintain an "account" for you within the meaning of Regulation E (12 CFR Part 1005), and that transfers to and from any Virtual Account are accordingly not subject to the error-resolution procedures set out under Regulation E, except to the extent a particular transaction is otherwise determined to be subject to Regulation E. Where Regulation E applies to a transaction, Tazapay will handle any notice of error you provide in accordance with Regulation E's requirements.
No Authority to Bind Custodian. Custodian is not a party to these Terms and has no obligations to you. Tazapay has no authority to bind, and does not represent that it has authority to bind, Custodian, and nothing in these Terms shall be construed as creating any contractual relationship, partnership, or agency between you and Custodian.
Restricted Business Activities. Your use of any Virtual Account provisioned with the Custodian is subject to restrictions imposed by Custodian on the categories of customers and activities it will support. Without limitation, you may not use a Virtual Account if you are, or your business involves: (a) individuals, entities, or governments subject to sanctions or included on any applicable restricted-party list; (b) marijuana-related businesses; (c) the manufacture or production of arms, military equipment, or weapons of mass destruction; (d) anonymous or numbered accounts, or entities operating under a fictitious name; (e) an entity whose identity cannot be verified; (f) a shell bank; or (g) an unlicensed or unregistered money services business. These restricted categories may be updated by Custodian from time to time, and Tazapay reserves the right to suspend or terminate your access to a Virtual Account where your use falls within any restricted category.
Real-time Payment Consents. If your Virtual Account supports transactions through the RTP® network or the FedNow Service, you consent to Tazapay obtaining, on your behalf, any authorizations required under Regulation E for such transactions where you are a consumer. You agree that Tazapay may share your transaction and identifying information with Custodian as necessary to process such transactions and to investigate and resolve any claimed error or unauthorized transaction in accordance with Applicable Law.
As part of this Agreement, Tazapay may obtain, where applicable to your use of the Tazapay Services, payment services including collecting, holding, disbursing, or remitting funds domestically or internationally via UPI, provided through ICICI Bank. The terms and conditions of payment service provided by UPI to you are incorporated here by reference and can be viewed here: UPI Terms and Conditions. You agree and accept these terms and conditions including the integration of Tazapay's services with UPI, in addition to this Agreement.
As part of this Agreement, Tazapay may obtain, where applicable to your use of the Tazapay Services, payment services including collecting, holding, disbursing, or remitting funds domestically or internationally via Mudrex Payments Canada Inc. ("Mudrex"), registered as a Money Service Business (MSB) with FINTRAC under registration number C100000576 and complies with all applicable Canadian federal and provincial regulations. The terms and conditions of payment service provided by Mudrex to you are incorporated here by reference and can be viewed here: Mudrex Terms and Conditions. You agree and accept these terms and conditions including the integration of Tazapay's services with Mudrex, in addition to this Agreement.
Where you use the Tazapay Payment Gateway (Tazapay Checkout) Service as described and defined in Appendix 1 to the General (Account Holder) Terms and Conditions, the following Supplemental MOR Terms may apply to you.
Depending on the Payment Method, Customer location, or applicable regulatory and/or Card Scheme requirements, Tazapay Checkout may be provided to you by an additional Tazapay entity (the "Regional MOR"), delegated to act as an MOR (in its capacity as Commercial Agent or Agent of the Payee, or otherwise as defined in the applicable Supplemental MOR Terms).
Where applicable, the Regional MOR is authorised to facilitate the collection of payments from Customers on your behalf and to arrange settlement in accordance with the applicable Payment arrangements. Where Tazapay Checkout is provided to you by a Regional MOR, your use of Tazapay Checkout shall be subject to, and shall constitute acceptance of, any additional entity-specific terms and conditions (the "Supplemental MOR Terms").
The applicable Supplemental MOR Terms are incorporated into this Agreement by reference and are hyper-linked in section 4.6 below, and/or are otherwise made available to you via the Platform, during onboarding, or by written notice.
The Supplemental MOR Terms may include, without limitation, provisions relating to commercial agency, supplier engagement, settlement, chargebacks, reserves, compliance, regulatory obligations, and data protection requirements applicable to the relevant Regional MOR.
In the event of any conflict between this Agreement and the applicable Supplemental MOR Terms, the Supplemental MOR Terms shall prevail solely to the extent of such conflict and solely in respect of the Tazapay Checkout Service. For the avoidance of doubt, no Supplemental MOR Terms apply unless the relevant entity is acting as a Regional MOR for your Transactions, and the inclusion of a Tazapay entity in this section does not mean that such entity has a relationship with you for any other Tazapay Service, or that its terms apply where another Tazapay entity is acting as a Regional MOR.
Only the Supplemental MOR Terms corresponding to the applicable Regional MOR for your Transactions apply to you. The entity-specific terms identified below are incorporated into this Agreement by reference and govern the relationship between you and the relevant entity, only where that entity is acting as a Regional MOR.
Where Trezza UAB, a company incorporated under the laws of the Republic of Lithuania, acts as a Regional MOR, your relationship with Trezza UAB is governed by the Trezza UAB Supplier Engagement Terms and Conditions, available at Trezza UAB Supplier Engagement Agreement, as updated from time to time.
Where Tazapay UK Limited, a company incorporated under the laws of England and Wales, acts as a Regional MOR, your relationship with Tazapay UK Limited is governed by the applicable Tazapay UK Merchant of Record Terms, available at Tazapay UK MOR Terms, as updated from time to time.
Where Digitrade US Corp, a company incorporated under the laws of Delaware (or any successor or Affiliated entity) acts as a Regional MOR, your relationship with Digitrade US Corp is governed by the applicable Digitrade Merchant of Record Terms, available at Digitrade MOR Terms, as updated from time to time.
