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For the register of Pubark Business Account (hereinafter referred to as the "Business Account") Customers are required to read, agree to and comply with Payment Service Terms and Conditions, which govern terms of providing payment services to the Customer
For the purposes of clarifying and regulating the terms and conditions of providing payment services (hereinafter referred to as "Services"), Pubark will be referred to as " Pubark" and / or "We", and the Customer will be referred to as "Customer" and / or "You" and / or “Company”.
Payment Service Terms and Conditions, Business Account Terms and Conditions, Privacy Policy and Statement on Combating Money Laundering and Terrorist Financing govern the legal relationship between You and Pubark and should be interpreted in conjunction.
By agreeing to the Payment Service Terms and Conditions, You also agree to the Business Account Terms and Conditions, Privacy Policy and the Statement on Combating Money Laundering and Terrorist Financing.
Payment Service Terms and Conditions are always accessible on Our website: www.pubark.com
The terms used in Payment Service Terms and Conditions shall have the following meanings:
“ Pubark" and / or "We"
Pubark LLC, Payment Service Provider registered by the National Bank of Georgia, in accordance with N94 Decree of the President of the National Bank of Georgia dated on December 27, 2012.
"Customer" and / or "You" and / or “Company”
Customer of Pubark who sells products through the online store and/or mobile application (if any).
Services
Providing payment services by Pubark as defined by Clause 2 of the Payment Service Terms and Conditions.
Online shop
Website offering the sales of products to the buyer through the Internet platform.
Mobile application
Mobile application offering the sales of products to the buyer through the Internet platform.
Website
Internet domain registered in the name of You or a person affiliated with You.
Product
Goods and / or services offered to the buyer through the online store and / or mobile application.
Payer
A person who purchases the product by the bank plastic card or by the registered Pubark e-wallet. The buyer and the payer may or may not be the same person.
Pubark website
bark’s official website www.pubark.com
Company Profile
Control panel related to the service available individually to You via Pubark website.
Chargeback
Procedure defined in Clause 9 of Payment Service Terms and Conditions related to the return of the amount paid to the payer.
Working day
Days from Monday to Friday, excluding public holidays, from 10:00 a.m. to 6:00 p.m.
KYC - Know Your Client "/" Know Your Client”
"Know Your Client" - a questionnaire prepared for You, which You fill out so that we can provide payment services to You.
The subject of the Service is providing payment services to You, in particular, receiving the funds payed by the Buyer/Payer in Your favor for products purchased via online store and / or mobile application.
We undertake to provide the Service in accordance with these terms and conditions, as well as the terms and conditions of the Website.
In order to activate the service, You need integration with the Pubark system. For integration, You need to register on the Pubark website, agree to the terms and conditions and create a Business Account that can only be accessed after entering Your username and password.
You are obliged to keep these data confidential and not to disclose it to unauthorized persons.
After registration We will give You the so-called. "Keys", namely, the parameters of access to the test environment and the parameters of access to the real environment. These parameters will be provided to You by sending a notification to Your Business Account profile or to the email address You provided during registration.
All the necessary technical documentation and software for integration with Our system are available on the Pubark website.
We may periodically change and update the technical documentation and software. Notifications about periodical updates and changes will be sent in the Business Account profile or at the email address You provided during registration.
We will receive funds from the payer in favor of You using the following methods:
Payment via Visa International plastic card;
Payment by MasterCard International plastic card;
Payment via American Express (AMEX) plastic card;
Payment via Pubark e-wallet.
The commission fees are provided on the fees page.
You are obligated to pay a commission fee for the services rendered for each transaction.
We receive funds from the Payer only in the Georgian national currency - GEL.
We will deduct the fees specified in the Payment Service Terms and Conditions automatically and without Your additional consent/acceptance from the amounts paid by the Payer. This will be considered as paying fees for the services You received.
We will send You a written Comparison Report on every 5th (fifth) day of each calendar month, to Your Business Account profile and/or to the e-mail address provided by You, which will reflect the total amount of funds received from payers during the previous reporting calendar month, the amount of commission fees deducted from Your funds, the amount of funds transferred by You and the balance for the last day of the month, i.e. the amount of existing and receivable funds on Business Account. You are obliged to check the accuracy of the data specified in the Comparison Report within 3 (three) working days after receiving of such report and confirm the Comparison Report or submit a written claim regarding the provided report. If You do not take any action within the indicated period, then it will be deemed that You have agreed and confirmed all the information provided in the Comparison Report.
We will transfer the funds received from the Payers and accumulated in Your favor, to Your bank account indicated in the Business Account, excluding Pubark commission fees. Funds will be transferred maximum in 10 (ten) business days. The calculation of this period will begin from the moment of activation of the Service.
If Your funds at any time exceed 100 (one hundred) GEL, You have the right to submit a request for the transfer of funds to Your bank account, which will be accomplished no later than 5 (five) working days after receiving Your request.
We have the right to deduct the funds from Your account without Your prior consent in the amounts which has to be paid and/or is unpaid to Us based on any kind of relationship existing between Us.
You do not have the right to impose any kind of additional payment commission fees on the Payer / Buyer other than the price of the products indicated in the Online Store and / or Mobile Application.
You are obliged to post the following information on the Website and/or Mobile Application, in a visible, easily, and clearly accessible place:
Your registered name
Your contact information, namely address, telephone number and email address;
Complete information about the products presented in the Online Store and / or Mobile Application, in particular the complete and correct description of the products, payment methods, terms and conditions of product delivery, terms of providing service, terms of return of goods and cancellation of services, costs and prices. For avoidance of doubt, this information should be provided to the Buyer/Payer before purchasing the product;
Information about the payment methods You use: namely, with the indication of the relevant logos/trademarks of Pubark, Visa International, Master Card International and American Express;
The exact amount that should be paid before purchasing the product with an indication of the currency;
If You operate an Online Store and/or Mobile Application under any particular license, permit or authorization, information about that license/permit/authorization must also be indicated on the Website and / or Mobile Application.
You are obliged to identify the Buyer by all possible effective means and mechanisms and keep this information, as well as the information about the purchased product, the place, date and time of product delivery and all other information requested by Us and keep it within 5 (five) years after the termination of Our Service.
You are obliged to organize an Online Store and / or Mobile Application and sell products in full compliance with applicable law. If due to Your violation of the laws, Pubark will become liable or if a third party files a lawsuit, complaint or any claim against Pubark, You are obliged to take all measures to avoid liability of Pubark and if this is not possible, You are liable for any damages caused to Pubark.
You are required to have and keep all the documentations that confirm the acceptance of the product/service by the Buyer (e.g. acceptance document, confirmation of delivery). You must keep these documents for the period of validity of the Business Account and for 5 (five) years after Business Account cancellation/closure.
You are obliged to provide the mentioned documents to Us immediately upon Our request.
You are obligated to notify Us about any changes to Your actual data or management structure, including changes in the company registration information, changes of Director / Partner, or any other data known to Us during business relationship, no later than 10 (ten) calendar days of such changes.
You are obliged not to change the agreed business model and/or website address and/or mobile application name without Our prior consent. In case of such a change, We have the right to request a deposit in amount of 500 (five hundred) GEL and to suspend the payment service until the deposit is placed or to terminate the service immediately upon the appearance of such a fact.
You are obliged to submit a customs declaration issued by an authorized body in a timely manner upon Our request, if You are importing products for sale. Failure to submit the document within the period specified by Us may be grounds for suspension or immediate termination of the service.
We have the right to temporarily suspend the Services in case of a defect in the software-hardware system and / or during the system update process. In such cases, We will take all measures to eliminate the problem in a timely manner and restore the suspended services.
We have the right to temporarily suspend or immediately terminate the Service in any of the following cases:
In case of suspicious transactions;
If there are 2 (two) or more chargeback cases on the transactions paid in Your favor;
In case of violation of the legislation in the process of organizing Your Online Store and/or Mobile Application and / or delivery of products or in case We have a reasonable suspicion of a possible violation of the laws by Customer.
In case You violate the Payment Services Terms and Conditions, Business Account Terms and Conditions, Privacy Policy and/or Statement on Combating Money Laundering and Terrorist Financing.
In any other case, if providing the Services endangers compliance with the objectives of the Law of Georgia on Facilitation of Money Laundering and Prevention of Terrorist Financing.
You can terminate the Service by sending Us a written notice at least 1 (one) month prior to termination;
We can terminate the Service by sending You a written notice at least 1 (one) month prior to termination;
Based on Our assessment of the reason for the service suspension, We have the right not to resume the suspended service and to terminate the service unilaterally by sending a written notice to the Customer.
We have the right to close Your Business Account on Our own initiative if no transactions / operations are recorded in Your account within 1 (one) year, which does not include transactions related to Pubark Service fees.
Chargeback is a request by Payer for full or partial refund of the amount paid by Visa International or Master Card International or American Express plastic card, which is submitted to Us in accordance with the international rules applicable to these cards by the bank who performed the payment / transaction.
Upon receipt of a request from a banking institution regarding Chargeback, We will block the Chargeback equivalent amount from the funds in Your Business Account. We will then send You a copy of the request / statement for providing all the necessary information and documentation regarding the transaction, Buyer, Payer and Products purchased, which is necessary to confirm or deny the Chargeback. You must provide the requested information to Us immediately. In the event of Chargeback confirmation, We will deduct the equivalent amount of the confirmed Chargeback and all costs associated with Chargeback procedures (including Chargeback Requesting Bank Fees, etc.) from the fund on Your Business Account, and if this is not possible, You are obliged to compensate the mentioned amounts to Pubark within a 5 (five) working days after receiving the request from Us.
Upon receipt of the request from the banking institution regarding the Chargeback, You must provide Us with the documents which proves the acceptance of Product/service by the Buyer defined in Clause 7 of the Payment Services Terms and Conditions.
You are liable for non-fulfillment or improper performance of the obligation in accordance with the Payment Services Terms and Conditions, Business Account Terms and Conditions and the legislation of Georgia.
You are liable to Pubark for damages caused by non-performance or improper performance of the obligation.
You are fully responsible for the quality of the product, compliance with the terms of delivery of products, Buyer identification, the accuracy and completeness of any information provided in the Mobile Application and/or on the Website, any complaints and claims made by the Buyer about the product and its terms of purchase, complaints and claims of any third party (including the governmental body) with regard to the Online Store / Website / Mobile Application. Also You are fully responsible for full compliance with the current legislation in the process of organizing an Online Store and / or Mobile Application and delivery of the Products. We are fully released from liability for the events set forth in this paragraph.
Payment Services Terms and Conditions are valid from the moment of Your consent and are valid for an indefinite period until its termination. The date of the consent will be considered the day when You implement the consent / acceptance of the text of the Payment Services Terms and Conditions provided in the Pubark profile, after which a signed copy of the Payment Services Terms and Conditions will be sent to the company’s email address registered in the company profile.
The parties will not be liable for non-fulfillment or improper fulfillment of the obligation if it is caused by force majeure.
Force majeure is a circumstance that arises and takes place beyond the control of the party and the party, due to objective data, has no possibility to have any influence on this circumstance. Force majeure must be a well-known event / fact or event / fact, which is confirmed by an authoritative and reliable source.
These Terms and Conditions are interpreted and regulated in accordance with the legislation of Georgia.
Disputes arising out of or in connection with the providing Payment Services shall be settled through negotiation and in case of disagreement, the dispute shall be discussed by the courts of Georgia.
You may not transfer, in whole or in part, the rights and/or obligations incurred upon receipt of Services to any third party without Our prior written consent.
Any information related to Payment Service is considered to be confidential information, which shall not be disclosed without the other party’s prior consent. The Consent is not necessary if a party discloses confidential information to an administrative authority on the basis of its relevant written request and/or on the basis of law.
We have the right to disclose information to public agencies, including law enforcement agencies, on the basis of their request and/or on the basis of a court decision entered into legal force in accordance with Georgian law.
We have the right to disclose information to Our affiliates, including financial institutions, agents, and any partners in order to ensure the uninterrupted function of the Service.
Pubark owns copyright on the Pubark website, its content, structure, and design, as well as its trademark and any information related to them.
Unauthorized use, processing, publication (Including publication on social media) of any information/content on the Website, including logo, pictogram, graphic, image, representation, patent, service mark/ trademark, design, visual media, and other intellectual property (whether registered or unregistered) is prohibited without Our prior written consent.
Please note that: In the event of a dispute the Georgian version of Payment Service Terms and Conditions shall prevail.