General Terms of Use of the Website

I. The Application of the General Terms of Use

These General Terms of Use (hereinafter: General Terms) apply to all persons, legal entities or associations (hereinafter: the user) who visit or use the Paygency website, which is available on https://www.paygency.com at the time of adoption of these General Terms (hereinafter: the website) and which is managed by the company PAYGENCY LTD, 107-111 Fleet Street, London, EC4A 2AB, England, United Kingdom (hereinafter: the provider).

In addition to these General Terms, certain sections, subpages or certain users may be additionally subject to special terms or contractual provisions.

By using the website, the user accepts and agrees with all the provisions of these General Terms and confirms that he/she has been informed of the Privacy Policy.

II. Information and communication with the Provider

Provider and its seat: PAYGENCY LTD, 107-111 Fleet Street, London, EC4A 2AB, England, United Kingdom;
E-mail address (the address to which users may send any objections, remarks, queries or statements): here – the languages of communication should be English;
Registration number: 10812136;
Entry in company register: The Registrar of Companies for England and Wales, United Kingdom, on 9 June 2017.

III. Intellectual Property Rights

The entire content of the website, regardless of the format (text, images, films, sounds, etc.), including advertisements, contacts, databases and their contents, is/are protected by copyright and intellectual property laws. The holder of all copyrights and other intellectual property rights to the content published on the website is the provider and/or the person stated under the respective content.

By publishing the content on the website and enabling the use of the website, the provider waives no copyright or other intellectual property rights to the contents of the website.

No content published on the website may be used for any purpose other than personal viewing by the user without the prior express written permission by the provider. Abuse may constitute a criminal offence and result in the user’s material liability.

IV. Use of the Website

Users can:

• Register as a Freelancer or register as a Principal;
• Review his/her own profile and make changes if needed;
• As a Freelancer submit Confirmation statement (also called Specification of services provided) and send it to Principal for approval;
• As a Principal review Confirmation statement (also called Specification of services provided), confirm it and send it to Provider for billing;

The communication on the website is not possible. The communication takes place directly between Freelancer and Principal. In terms of administration of accounts, Provider may communicate directly with Freelancer and/or Principal.

The Provider is not in any way involved in the communication between the Freelancer and the Principal. The Provider only provides administration and billing services.

V. How to use the Website

The user undertakes to use the website lawfully and in a usual manner in accordance with the purpose of the website. In doing so, the user shall comply with the principles of cultural and civilised use of the website, and shall abstain from all actions interfering with the rights of the provider, principal, other users or third parties and from causing them or potentially causing them damage or discomfort, including insult to national, religious or other feelings.

If the user is using the website in contravention of the previous paragraph, the provider may temporarily prevent the user from accessing the portal. If the violations recur, the provider may permanently delete the data submitted by the user during registration. The deletion terminates the user's status as a registered user, as well as all the rights related to it. At its own discretion, the provider may prevent such a user from re-registering to the website.

VI. Registered Users

Registration is free of charge and optional; the decision to register is left solely to the user. At any time, a registered user may request that the provider permanently and effectively deletes his/her data submitted during registration. The deletion terminates the user's status as a registered user and all the rights related to it. The user may re-register at any time.

Each user may create only one profile. The user guarantees the accuracy, completeness and correctness of the data, submitted during registration. The provider has the right to check the number and the content of user profiles and data; at its sole discretion, the provider may delete duplicated, false or fraudulent profiles, inaccurate, incomplete or incorrect data, and temporarily prevent the user from accessing the portal.

Any user wanting to register with the website shall be subject to KYC (know your customer) procedure and AML (anti-money laundering) procedure. Any Principal shall fill in all required information to the Provider’s application and upload identification (e.g. Regular extract from company register or Certificate of good standing). Any Freelancer shall fill in all required information to the Provider’s application and upload identification (e.g. valid passport or ID), proof of residence (e.g. utility bill or local authority tax bill dated within last six months), and recent bank statement (bank statement dated within last three months).

Upon KYC and AML procedure, the Provider may decide not to activate user’s profile without any further explanation.

VII. The process of making a purchase; rectification of mistakes

Communication with the Principal can be made only by registered users of the website.

The provider does not hire Freelancers and is not involved in the service purchase procedure in any way. The provider only provides administration and billing.

The communication and performance of work can be made only exclusively and directly between the Freelancers and the Principal.

VIII. Contract, Payment, Delivery, Other

The contract for the supply of products (services) is concluded between the Principal and the Freelancer. The Provider is not in any way bound by the contract. Only the Principal and the Freelancer are obliged.

Each Principal determines the time and the language of the contract, the possibility of holding a copy of a contract at Principal’s premise and accessing to it.

The Provider shall invoice work performed by the Freelancer to the Principal. Payment to the Freelancer shall be effective only after payment received from the Principal.

When payment received from the Principal, it is assumed that the Principal has accepted work performed by the Freelancer and has no objections. Such payment shall be then distributed to the Freelancer and cannot be refunded to the Principal at any circumstances.

IX. Exclusions of Liability

The Provider is not in any way involved in the communication between the Principal and the Freelancer. The Provider is not in any way responsible or liable for the communication and performance of the contract between the Principal and the Freelancer.

The Provider does not guarantee the accuracy, completeness and correctness of the work performed by the Freelancer, nor does it assume liability for any damage suffered by the Principal due to non-professional work performed.

The Provider reserves the right to disable the website due to technical or other difficulties, which also means disablement or hindrance to the use of the website. The provider does not guarantee the functioning or accessibility of the website and assumes no liability for any damage suffered by the user due to the inaccessibility, non-functioning, malfunctioning or hindered operation of the website.

The Provider is not liable for damage that may be caused to the user's hardware, software or other equipment due to use of the website. The user must provide for proper protection (antivirus, etc.) of the equipment used for accessing the website.

A registered user must properly ensure the security and confidentiality of the data used for login to the website (e-mail, password). If the user suspects that the login data is being used by a third unauthorised party or that the data has been disclosed without authorisation, he/she must immediately inform the provider thereof. The provider shall not be liable for damage that may arise on the part of the registered user due to unauthorised disclosure or the use of data for registration.

X. Final Provisions

If any provision of these General Terms is invalid for any reason, this invalidity shall not affect the rest of these General Terms. In such a case, the invalid provision shall be deemed non-existent and the General Terms shall apply without that provision.

The legal relations between the users and the Provider shall be governed by the laws of England and Wales and of the European Communities. Any dispute arising from these General Terms shall be subject to the exclusive jurisdiction of the English courts.

These General Terms may be revised or supplemented at any time and without prior warning or notice.

These General Terms enter into force on 1 October 2017.

Finance Terms

I. General

The Provider shall invoice work performed by the Freelancer to the Principal. Payment to the Freelancer shall be made only after payment received from the Principal.

Provider’s commission is 8,0% and is charged on top of fee earned by the Freelancer, unless otherwise agreed in bi-lateral agreement. However, Provider’s fee cannot be lower than 40 EUR per invoice.

II. Underlying currency

The Principal and the Freelancer can agree upon underlying currency. Provider can invoice the Principal in major fiat currencies such as EUR, USD, GBP, JPY, and CHF. The Freelancer shall always be paid in the same currency as the Principal made payment to the Provider.

III. Payment methods

Services can be paid for in two manners:

• by wire with bank transfer payment; or
• to e-wallet provided by third-party provider such as such as Skrill or Payoneer.

All payments shall be made upon notice but no later than in eight (8) days.

III. Taxes and Administration

Provider shall withhold personal income tax in case Freelancer is UK tax resident only. If Freelancer is tax resident in any other country, Provider shall not withhold any tax and will pay entire amount paid by the Principal without any withholdings.

Provider shall report about Freelancer’s income to HMRC in case Freelancer is UK tax resident only. If Freelancer is tax resident of any other country, there shall not be any reporting to Freelancer’s local tax office. Freelancer may be liable to report foreign-sourced income him/herself and should investigate this issue with his/her local tax office or local tax advisor.

IV. Final Provisions

The invalidity of any of the provisions of these Finance Terms, regardless of the reason for invalidity, does not result in the invalidity of these Finance Terms as a whole. In such a case, the invalid provision shall be considered unwritten, while these Finance Terms shall further remain valid without the provision in question.

The legal relations between the users and the Provider shall be governed by the laws of England and Wales and of the European Communities. Any dispute arising from these General Terms shall be subject to the exclusive jurisdiction of the English courts.

These General Terms may be revised or supplemented at any time and without prior warning or notice.

These General Terms enter into force on 1 October 2017.

Privacy Policy

I. The Application of this Policy

This Privacy Policy applies to all persons who are considered a user and to the entire website – all its components and sub sites – according to General Terms of Use of www.paygency.com.

In this Policy, the terms "provider", "user", and "website" have the same meaning as in General Terms of Use of www.paygency.com.

II. User Data Collected

Upon registration and renewing/upgrading subscription, the provider collects the following data about users: title (Mr./Mrs./Miss), email address, first and last name, phone number, date of birth, full address, status of tax residence, employment status, profession, level of education, bank account number, e-wallet address (such as Skrill or Payoneer). User being a company must also provide following information: organization name.

Upon registration user must also upload following documents: identification (valid passport or ID), proof of residence (utility bill or local authority tax bill dated within last six months), and bank statement (bank statement dated within last three months). User being a company must upload regular extract from company register or certificate of good standing.

The user may submit data marked as optional if he/she wishes to do so. The user who does not submit the optional data to the provider shall not suffer any harmful consequences as a result.

The provider does not collect information concerning credit card payment, which the user submits via the website, nor does the provider share user details with any third parties. This information is collected solely by the credit card payment providers.

III. Data Processing

The provider shall use the data collected solely for the following purposes:

• registration/login to the website and granting certain rights and access to certain sections of the website to registered users;
• keeping a record of registered users of the website;
• statistical, marketing and other analyses and research related to the registered users of the website;
• meeting the provider's obligations concerning received orders for the purchase of goods, ordered on the website (order acceptance and processing, solving potential complaints, etc.);
• contacting users who contact the provider;
• occasionally sending advertising or non-advertising e-mail messages about the website, new features;
• occasionally sending advertising or non-advertising e-mail messages with newsletter (latest news, special offers and promotions, news of newly published and searched vessels);
• occasionally sending advertising or non-advertising e-mail messages for/from third parties who are partners with the website; and
• enabling direct communication between users of the website.

The user has been informed and agree that the provider may assign specific tasks related to user data to third parties (outsourced processing providers). Third parties may only process data entrusted to them strictly in line with the provider's authorisation and according to the purposes defined in the first paragraph of this Article ('Data Processing').

IV. Data Protection and the Period of Data Storage

The provider shall protect all user personal data according to this Policy and the requirements on personal data protection stipulated according to the laws of England and Wales and the regulations of the European Communities.

All user personal data are transmitted to the provider via a secure https connection, protected under the SSL (Secure Socket Layer) protocol used for encrypting the transmitted data. The provider backs up the data regularly.

Under no condition shall the provider disclose user data to third parties, except in cases referred to in Articles III ('Data Processing') of this Policy.

The user has been informed and agrees that the provider stores his/her data provided during registration for as long as the user has the status of a registered user and for one year following the expiry of this status. The provider may store other data for as long as necessary to achieve the purpose for which the data was collected. After that, the data must be permanently deleted or effectively anonymised, so that it can no longer be linked to a specific user.

V. User Rights

Users who opt in to receive the provider's or third parties' e-mail messages, upon registration or subsequently, shall be able to opt out at any time in an understandable and simple manner (in the manner described in the message; if the manner is not described: by unsubscribing from receiving newsletter on the website or by sending a request to Provider’s general email address).

The user may change or update his/her personal data, submitted during registration process, at any time by signing in to the website, entering his/her profile and updating (changing) the data. After changing the data, the user clicks 'Save', 'OK' or other confirmation button. The website shall notify the user of the successful change of data.

If the user cannot change the data as referred to in the second paragraph of this Article, the user may send a request to Provider’s general email address for the provider to update or change the user-related data that is incomplete or inaccurate. The burden of proof for the incomplete or inaccurate data lies with the user.

The user may send a request to Provider’s general email address for the provider to confirm whether it is collecting or processing the data related to the user and, if so, which data specifically. Such a request may be submitted every quarter.

The user may send a request to Provider’s general email address for the provider to send him/her a copy of user-related data by e-mail. Such a request may be submitted every quarter. Before the provider submits the copy, it may request that the user duly proves his/her identity. If the provider still doubts the identity of the user, it may reject the user's request.

The user may send a request to Provider’s general email address for the provider to permanently delete all user-related data. Before the provider deletes the data, it may request that the user duly proves his/her identity. If the provider still doubts the identity of the user, it may reject the user's request. The user has been informed and agrees that, once the data related to him/her has been deleted, his/her status as registered user and all related rights cease according to General Terms of www.paygency.com.

VI. Web cookies

The provider uses cookies to enable the user the use of the website, to detect and correct errors and to help collect information about the user's browsing on the website, in order that the user's browsing on the website could be faster, more friendly and personal.

Cookies are small files sent from the website to the user's browser and stored to the data medium (usually a hard disk) of the user's electronic device (computer, smartphone etc.), while the user is browsing a website. When the user browses the same website in the future, the information stored in the cookie can be retrieved by the website to notify the website of the user's previous activity.

The provider uses cookies for the purpose to record and access to information about the user's IP address, location, frequency and content of browsing and online activities, behaviour patterns (choices, habits, preferences) and user settings.

The provider collects information in a manner that does not identify specific user. The provider does not connect the collected information with other (personal) data that reveal or are likely to reveal the particular user.

The provider uses the following types of cookies (with purposes of processing): see list of cookies here.

With the prior informed consent, the user agrees that the provider or third party may store and access to cookies stored in the user's terminal equipment. User may have the ability to express prior consent by using appropriate settings in a browser or other applications, through which he/she accesses to the website, if the browser/application allows such technical and effective settings.

The website may contain several links through which the user is able to access to third web pages. The provider does not - in any case – verify those web pages and is not responsible for cookies used (stored and accessed) by those web pages. Regarding the use of those cookies, users should inquire directly the person/organization providing those web pages.

VII. Exclusions of Liability

The provider shall not be liable for damage suffered by the user due to the submission of inaccurate, incomplete or non-updated user -related data during registration or while using website.

VIII. Final Provisions

If any provision of this Policy is invalid for any reason, that invalidity shall not affect the rest of this Policy. In such a case, the invalid provision shall be deemed non-existent and the Policy shall apply without that provision.

Legal relations between the users and the provider shall be regulated by the laws of England and Wales and of the European Communities. Any dispute arising from this Privacy Policy shall be subject to the exclusive jurisdiction of the English courts.

This Policy may be revised or supplemented at any time without prior warning or notice.

This Privacy Policy enters into force on January 27th 2020.