Special Conditions E-mail Pay

1. Contract Terms
1.1. These provisions are ancillary to the Merchant’s Gateway Terms of Business or IMA Services (the Agreement) and shall form part thereof.  These terms and conditions apply to the use of the E-mail Pay product (the E-mail Pay Service).
2. Merchant Obligations
2.1. The Merchant is responsible for;
2.1.1. generating the unique and customised link for a pre-configured amount;
2.1.2. monitoring the responses to any e-mail sent via the E-mail Pay Service;
2.1.3. reconciling the payment by the Customer is consistent with the payment requested by the E-mail Pay Service e-mail. 
2.2. In placing the link into an email the Merchant acknowledges that the e-mail communication to the Customer may not be secure and the Merchant remains responsible for the content and security of the communication. 
3. Pay360 by Capita Obligations
3.1. Pay360 by Capita is responsible for providing the hosted payment page accessed via the link in accordance with the terms of the Agreement.
3.2. Pay360 by Capita is not responsible or liable for;
3.2.1. the security of and or content of the e-mail sent to the Customer;
3.2.2. the receipt of the e-mail by the Customer; and or
3.2.3. the rejection of or blocking of any e-mail by a Customer and the Customer’s computer software, internet service provider and or systems.
4. Service Integrity
4.1. The Merchant shall notify Pay360 by Capita immediately it becomes aware of any attempts by any third party to:
4.1.1. Access the hosted page via the link without the prior authority of the Merchant:
4.1.2. Replicate in any way the look and or design of the e-mail with the intention of misleading a Customer into believing the Customer is accessing a Pay360 by Capita hosted payment page.
4.2. The Merchant shall take all reasonable steps to notify its Customer’s if it is aware of any event referred to in clause 4 and shall cease using the E-mail Pay Service.
4.3. If Pay360 by Capita receives a notification from the Merchant in accordance with clause 4, Payment may at its sole discretion, terminate and or suspend the E-mail Pay Service. 
4.4. Pay360 by Capita shall use reasonable endeavours to discuss such action with the Merchant but may from time to time for reasons of security and to protect the integrity of the E-mail Pay Service act without notice to the Merchant.
4.5. Pay360 by Capita is not liable for actions of the Merchant and or unauthorised third parties in connection with the E-mail Pay Service.
5. General
5.1. All Transactions processed via the Hosted Page shall be in accordance with the terms of the Agreement.
5.2. All other terms of the Agreement shall apply to the E-mail Pay Service.
5.3. This Special Conditions E-Mail Pay shall terminate with the Agreement.
5.4. This document forms part of the Agreement as of the Effective Date of the Agreement or if the E-Mail Pay Service is added after the Effective Date the date the special conditions are signed by or confirmed by email by Pay360 by Capita.
  December 2011

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