Paynode services (the “Service”) are principally provided by Paynode AB and its affiliate Avinode Inc ( “Paynode”, “we,” “us”, or “our”) through paynode.com (the “Website”). Certain aspects of the Service, as further described below, are provided by Adyen NV (“Adyen”, “Card Processor”).
By utilizing the Service, you consent to these Payor Terms of Use , which also include the Paynode Privacy Policy, which is incorporated herein (collectively, the “Terms and Conditions”) between you, the user of the Service (“you” or “your”), and us.
The Service provides a means by which you may tender payment (“Payment”) to either a broker for air charter companies or the air charter companies themselves (collectively, the “Sponsored Merchants”) for the Sponsored Merchants’ provision of air charter and related services rendered by the Sponsored Merchants and for no other purpose. In each instance the obligation to render Payment to a Sponsored Merchant will arise once the Sponsored Merchant sends a request for payment (a “Payment Request”) to you through the Service; provided, however charges for incidentals relating to the air charter may also be charged to your account as provided in “Authorization for Incidental Charges” below.
Payments for Sponsored Merchants located in the European Union are processed via Paynode AB by Adyen. Payments for Sponsored Merchants located in the United States are processed via Avinode Inc by Adyen.
The Service, including the underlying Payment, and certain aspects of the Service and Payment, may, as applicable, be delayed, restricted, forfeited, or ultimately unavailable due to certain laws and regulations governing the Service as well as certain circumstances and conditions associated with your use of the Service. Card Processor may report the Payment, including the Payment Amount (as defined below), and other information relating to you and/or your use of the Service, to the appropriate legal or regulatory authorities, governing bodies or entities when necessary or appropriate pursuant to the laws and regulations governing the Service.
To be eligible to use the Service, you must be at least 18 years of age, and have a valid credit card account for a card type accepted by Paynode. Other restrictions may apply. You can request to utilize the Service by entering the required information on the Website and agreeing to be bound by these Terms and Conditions and any applicable terms of the Sponsored Merchant, including, but not limited to, the Sponsored Merchant’s terms and conditions and the Sponsored Merchant’s cancellation policy. If approved, we will allow you to utilize the Service to make a Payment and will charge your credit card account in the amount of your Payment (the “Payment Amount”).
We have the right to refuse to process (or may reverse) any Payment at any time, including but not limited to: (a) if we believe, in our sole discretion, you are using a Service for any illegal or improper purpose or (b) the Payment Amount exceeds the available balance of your available credit line, (c) we have reason to believe any Payment may not be authorized by you; (d) a Payment would violate any law, rule or regulation applicable to the Service, by you or the financial institution which issued your credit card account; (e) a Payment is not in accordance with any other requirement stated in these Terms and Conditions or any of our policies, procedures or practices; or (f) for our protection or yours, we have reasonable cause not to process a Payment request. You agree that neither Paynode, Card Processor, or their respective affiliates will be held responsible or liable to you or any other person for such action except as required by law.
In order to comply with various Federal, State, foreign and other laws, rules and regulations, we obtain, verify, and record information that identifies each person who utilizes the Service and initiates a Payment through the Service. In order for you to utilize the Service at our Website, we will ask for your name, address, e-mail, and other information, that will help us to identify you. We reserve the right not to provide you with access to the Service or to otherwise initiate Payment through the Service in our sole discretion. You agree to provide us accurate and complete information we may request in connection with the Service, any Payment, and these Terms and Conditions.
You represent, warrant and acknowledge that all information you supply to us as part of your use of the Service is truthful, accurate, and complete and your use of the Service does not violate any law, including without limitation, laws relating to money laundering, illegal gambling activities, support for terrorist activities or fraud.
You must provide all information requested to initiate any Payment through the Service. You agree that providing the requested information and submitting a request for a transaction has the same effect as your written signature and can be used to authorize Payments. You agree that if any person with access to your credit card provides your credit card information to us, you will be deemed to have authorized such person to initiate a Payment.
Your Payment to the Sponsored Merchant shall be made as identified in these Terms and Conditions. When authorizing Payments through the Service, Payments made using Amex Express Checkout, SafeKey, or similar 3DSecure authentication procedures, those Payments shall also be governed by their respective terms of use.
The financial institution that holds your credit card account may impose fees in connection with your use of the Service, which may include foreign currency conversion fees. You should consult your cardholder agreement for an explanation of the fees that may be assessed by your credit card issuer. Paynode will not assess additional foreign currency conversion fees.
For each Payment you initiate through the Service, you authorize us to charge against your credit card account the Payment Amount. We shall have no obligation to effect a Payment unless sufficient funds are available in your credit card account, and we shall have no liability if a Payment is not effected as a result of the unavailability of sufficient credit. You are responsible if we make a Payment you request and, for any reason, we are unable to collect the funds from your credit card account, or the Payment is later reversed.
By using the Service, you authorize Paynode to retain your credit card information and make additional charges to your account for future incidental expenses charged by the Sponsored Merchant in connection with the air charter which is the subject of a Payment. Incidental charges may include items such as catering, ground transportation, de-icing, late departure fees, or other incidental goods and services associated with the air charter.
You agree to assume the entire responsibility at all times for the supervision, management, control and confidentiality of your card. You agree that, to the extent permitted by law, you will assume the entire risk for fraudulent or unintentional use of your card and that neither Paynode, Card Processor or any of their respective affiliates will have any liability for any losses or damages which you or any other person may suffer if you disclose your card information to any other person, including any losses or damages arising out of the disclosure of your card information by the recipient to another person.
Contact the financial institution which issued your credit card IMMEDIATELY if you believe your card information has been lost or stolen or if any charge to your credit card account or debit to your bank account relating to a Payment initiated through the Service(s) is erroneous or unauthorized.
Communications and notices may be posted on the Website and/or delivered to the email address we have on file for you which was provided by you to us at the time that you initiated the Payment. Notices will be deemed delivered when posted on the Website or sent by email. You agree that these are reasonable procedures for sending and receiving electronic communications.
The Sponsored Merchant will receive the Payment, once the Sponsored Merchant confirms the air charter and/or related services. A Payment is deemed made by you when it is received by us. We hold funds on behalf of the Sponsored Merchant to which you have authorized the Payment to be made. We have no further liability to you, except as set forth below, when a Payment is authorized by you.
Your Payment may be cancelled for a refund only as determined by the Sponsored Merchant in accordance with its cancellation policy. You must agree to the Sponsored Merchant’s cancellation policy. To initiate a refund due to cancellation or for any other reason, you must first contact the Sponsored Merchant directly to ensure that such refund is properly authorized outside of the Service. For help with these matters, contact our support team at [email protected] or 1-888 482 2812.
You have two options with respect to disputes regarding a Payment: (1) you may contact the Sponsored Merchant directly to raise and/or resolve the dispute, or (2) you may contact the financial institution that issued the credit card that you used to initiate the Payment to initiate a chargeback of the Payment to the Sponsored Merchant. In the case of a chargeback, we support the dispute management process through to resolution. For help with these matters, contact our support team at [email protected] or 1-888 482 2812.
A receipt for your Payment will be sent to the e-mail address that you provided to us when you initiated payment through the Service. Note that the e-mail address that you provided to us may be different from the e-mail address that you originally provided to the Sponsored Merchant. To obtain a duplicate copy of your receipt you may call our Customer Service line at 1-888-482-2812.
To the extent allowed by law, we have the right to collect from you the amount of any uncollected or reversed Payment, plus any fees assessed and collection expenses, court costs and attorneys’ fees for any services provided by a Sponsored Merchant for which you did not tender payment. You may be reported to a collection agency or credit bureau if you fail to tender the Payment Amount you have authorized in accordance with these Terms and Conditions.
UNLESS APPLICABLE LAW REQUIRES OTHERWISE, YOUR EXCLUSIVE AND MAXIMUM REMEDY AGAINST PAYNODE, CARD PROCESSOR OR THEIR AFFILIATES IS A REFUND OF THE PAYMENT AMOUNT CHARGED. NO OTHER REMEDY IS AVAILABLE TO YOU, INCLUDING, BUT NOT LIMITED TO ANY REMEDY FOR INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES. THESE LIMITATIONS APPLY WHETHER YOUR CLAIM ARISES DUE TO PAYNODE’S OR CARD PROCESSORS’S (OR THEIR RESPECTIVE AFFILIATES’) NEGLIGENCE, OTHER FAULT, ERROR, OMISSION OR NON- PERFORMANCE, EVEN IF SUCH PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NEITHER PAYNODE, CARD PROCESSORS, NOR THEIR AFFILIATES ACCEPT ANY RESPONSIBILITY FOR THE ACTS OR OMISSIONS OF A SPONSORED MERCHANT OR ANY OTHER PARTY.
These Terms and Conditions are governed by the laws of the State of Florida without regard to its conflicts of law rules. You agree to submit to the personal jurisdiction of a state or federal court located in Miami-Dade County.
Except as otherwise set forth in these Terms and Conditions, you agree to release, indemnify, defend, and hold Paynode, Card Processor and their respective affiliates, and their respective officers, directors, employees, sub- contractors, and agents, harmless from and against any claims, liabilities, actions, proceedings, damages, losses, and expenses, (including without limitation attorney’s fees), of any kind arising out of, directly or indirectly, (a) any breach of the these Terms and Conditions by you, (b) your actions and omissions in connection with the Service or Payment, and (c) our actions or omissions, provided that they are taken/omitted in accordance with your instructions.
We may use affiliates in the provision of the Service. Each affiliate shall be entitled to avail itself of any and all rights and limitations set forth in these Terms and Conditions as if such affiliate were Paynode itself.
You may not assign or transfer these Terms and Conditions, by operation of law, otherwise without prior written consent from us. Any attempt to assign or transfer these Terms and Conditions without such consent will be null. We may assign or transfer these Terms and Conditions, at our sole discretion, without restriction.
We may delay in enforcing any of our rights under these Terms and Conditions without forfeiture. Any waiver by use shall not be deemed a waiver of any other right or of the same right at another time.
We may change these Terms and Conditions from time to time, at our sole discretion. We may add new terms or delete or amend existing terms, add new services and discontinue existing services, or convert existing services into new services. By continuing to use the Service(s) after any such change, you agree to be bound by the changed Terms and Conditions for any Payments initiated as of the effective date of such changes.
Our Privacy Policy which is available at https://paynode.com/privacy-policies/ for information about how we collect, use and disclose your information. Disclosed information may include, but is not limited to, your contact information, any information you provide to us, information about the Payment or your use of the Services, and other information relating to financial matters. The information may be disclosed to our affiliates, Card Processor, financial institutions, service providers, and governmental or other regulatory agencies (including law enforcement officials within or outside of the United States).