This Refund Services Policy (“Refund Policy”) is entered into by and between Pag Seguro and Merchant (Pag Seguro and Merchant are also hereinafter collectively referred to as “Parties” and, individually, as “Party”), as part of the Digital Payment System Agreement, which consists of the Terms and Conditions (“T&Cs”) and the respective Cover Page (all jointly, the “Agreement”).
1. The following terms, when used in this Refund Policy, in the Agreement or in any document referred to herein, shall have the following meanings:
Merchant’s Balance is the amounts to be remitted by Pag Seguro to Merchant in the terms of the procedures set forth in section 5 of the T&Cs.
Refund is defined in section 3 hereof.
Refund API means Pag Seguro’s application programming interface through which all the Refunds will occur and be registered.
Refund Request means the request made by an End User to Merchant for the Refund of a Transaction, with all the information regarding mentioned Transaction, the End User and the amount to be reimbursed thereto.
Refund Services is defined in section 3 hereof.
Territory means the countries specified in the respective Cover Page, to where the Refund Services are applied.
1.1. Terms initiated with capital letters in this Refund Policy and not herein defined shall have the meaning ascribed thereto in the T&Cs.2. Refund Services will take place exclusively for Transactions in the Territory.
3. Pag Seguro shall provide to End Users Refunds of the Transaction amounts paid by the End Users in accordance with the Merchant’s instructions and the conditions set forth herein (“Refunds” and “Refund Services”).
3.1. For the avoidance of doubts, the amounts of Refunds shall be limited to the Gross Revenue of each of the Transactions plus monetary adjustments, if applicable as per legislation and Merchant’s Refund Policy. Eventual fees, convenience taxes, surcharges and other additional amounts incurred by the End User depending on the payment methods selected thereby will not be refundable. With due regards to section 4 below, Merchant agrees to make End Users understand and accept the applicable conditions.
3.2. Refund Services will not be rendered to amounts previously reported as Payment Reversal Orders.4. The Parties acknowledge and agree that the Refunds are made by Pag Seguro exclusively at Merchant’s demand and at Merchant’s sole discretion and liability. Pag Seguro does not have any participation on the decision on whether a Refund is valid or not, and Pag Seguro is merely a mean for the Refund, thus effecting same on behalf of the Merchant. Therefore, Merchant acknowledges and agrees that it is the sole and exclusive responsible Party towards the End Users and other third parties, including relevant authorities, in connection with the Refunds, as well as regarding the full compliance with Merchant’s Refund Policy. Merchant herein exempts and holds Pag Seguro, its officers, representatives, employees and contractors harmless from any and all liabilities in connection with third parties’ claims and in connection with any liability or obligation that may arise out of Refund issues.
4.1. It is duly understood and agreed by the Parties that the provisions set forth by sections 4.2 (a) and 4.2 (f) of the Agreement will apply to any and all claims made by third parties, including End Users, against Pag Seguro in connection either with any Merchant’s Software or with the Refunds, meaning that: (a) the Merchant shall fully indemnify Pag Seguro against any loss or liability (including full Refund of any legal and professional costs) Pag Seguro suffers or incurs as a result of, or in connection with, any claim made or threatened by a third party, including by an End User; and (b) Pag Seguro is fully authorized to withhold from any funds to be remitted to Merchant under the Agreement any amounts owed by the Merchant as consequence of any and all claims made by a third party, including an End User, against Pag Seguro.5. The Parties agree with the following procedures and obligations in connection the Refunds:
- (a) whenever the Merchant decides, at its sole discretion and under its sole responsibility, to make a Refund to an End User, the Merchant will formally make the request to Pag Seguro through the Refund API or through any other system made available by Pag Seguro, providing Pag Seguro with all the information regarding the Transaction, the End User and the amount to be refunded. A Refund Request will be irreversible, and thus shall be an unequivocal request for Pag Seguro to make the Refund; and
- (b) by receiving the Refund Request, Pag Seguro shall process the Refund. Whenever possible, Refunds will be made through the same payment method used by the End User in the respective Transaction. Refunds shall be effectively concluded in benefit of the End User within up to sixty (60) days counted as of Pag Seguro’s receipt of the Refund Request.
6.1. In case the Merchant’s Balance is insufficient to fulfill the Refund Request, then the Refund Request will be declined by Pag Seguro, and it will be Merchant’s sole responsibility the effectuation of that Refund to the End User.7. In certain cases, Merchant may state additional restrictions beyond those described herein. In these cases, the more restrictive policy will prevail.
8. The Refund Services may be terminated by any of the Parties, without penalties, by means of previous written notice with ninety (90) days in advance, and such termination shall not affect the validity of the Agreement if this is not expressly set forth in the termination notice. The termination provisions herein refer exclusively to the termination of the Refund Services, as set forth in this Refund Policy, and shall not, in any case, refer to the termination of the Agreement in whole.