To protect your rights and interests, please read the terms of this Agreement carefully before signing this Agreement (especially those with boldface headings or boldface type). If you do not agree to all or part of this Agreement, please do not sign this Agreement.
1. Important Notice
1.1 By clicking the "I Agree" button below this Agreement, you are fully aware of and fully understand the content and meaning of this Agreement and are willing to be bound by it and will be considered to become our customer. This agreement is effective between you and CBi Global Pay.
1.2 The obligations under this Agreement are subject to our acceptance of you as our customer. We have the right to decide unilaterally whether or not to accept you as our customer.
1.3 We may translate these clauses into other languages. In the event of any dispute or misunderstanding as to the interpretation of the language or terms of this Agreement, the English version shall prevail.
1.4 We will inform you in a timely manner of any significant changes to these terms and conditions by electronic methods, you are also obliged to consult them on a regular basis.
1.5 You acknowledge that CBi Global Pay is an independent legal entity, not a branch of any other organization or legal entity. The account that you open with CBi Global Pay is a payment account. CBi Global Pay will hold your funds in a separate client account in bare trust, and will only transfer or remit the funds upon your instruction. CBi Global Pay will not pay any interest on any funds in it nor invest your funds in any way.
1.6 You shall be solely responsible for understanding and complying with the laws and regulations of your own country, as well as the laws and regulations that may apply to you in relation to your use of CBi Global Pay services, including but not limited to, laws and regulations related to the following area or payment services: anti-money laundering and anti-terrorist financing requirements, consumer protection, privacy protection, anti-discrimination, gambling, false advertising, illegal sale or purchase or trading of any goods or services, and related import and export activities, taxes or foreign exchange transactions.
1.7 If you violate this Agreement or any other agreement signed with CBi Global Pay, or if the risks that were not previously agreed to was identified upon inspection of your transaction activities, we may close, suspend or restrict your use of CBi Global Pay services. We can also limit your access to the funds according to the instructions of the related government agencies.
1.8 Protecting your privacy is an important task for us. please read our privacy policy carefully to understand our commitment to protect your privacy and to use or disclose your information.
2. Definition
In this Agreement, the following terms have the following meanings:
2.1 "Agreement" means terms and conditions, as well as attachments and any reference documents or appendix, including privacy policy.
2.2 "Customer" means any corporate body or organization in which “You”- who signed this Agreement and registered the CBi Global Pay account in its name.
2.3 "Fees" means the amount of money that you pay us for the use of CBi Global Pay services.
2.4 "Remitting" means the funds that transmit from the approved platform or payer to the designated payment account.
2.5 "Remittance" means the funds that transmit from the designated payment account to the approved platform or the payee/recipient.
2.6 "Remittance Order" means any order issued by the customer to the CBi Global Pay requesting the transfer of funds to the approved recipient/payee.
2.7 "Approved payee/recipient" means a natural or legal individual/entities authorized by CBi Global Pay.
2.8 "CBi Global Pay"" or" We "or "us" are your partners.
2.9 "CBi Global Pay Account" means the account that enable you to register and use the services of CBi Global Pay.
2.10 "CBi Global Pay account balance" means the amount of funds shown in your CBi Global Pay account.
2.11 "CBi Global Pay service certificate" refers to the certificate of the Receiving Account (including bank account, route number, IBAN, etc.) provided for the use of the service of CBi Global Pay.
2.12 “CBi Global Pay Services”or The service of CBi Global Pay” means all payment-related services provided by CBi Global Pay under this Agreement.
2.13 "Service providers" include banks, payment service providers, clearing networks and other third-party payment service providers used during the CBi Global Pay service process.
3. Overview of CBi Global Pay Services
3.1 CBi Global Pay provides the following services for you as the customer;
(a) Receiving payments from the approved platform or payer to your CBi Global Pay account;(b) paying from your CBi Global Pay account to the approved platform or recipient.
3.2 Depending on the following factors, CBi Global Pay services may be limited or unavailable in a particular jurisdiction:
(a) the location of you, the platform and/or the payer;(b) Regulatory requirements applicable to the areas under the jurisdiction of accounts;
(c) other similar factors reasonably determined by CBi Global Pay.
3.3 To provide CBi Global Pay services, CBi Global Pay may rely on their own group, financial institutions, third-party banking institutions and/or payment providers, all of which are subject to abiding by the local laws and regulations.
3.4 CBi Global Pay is registered to provide: Operating a money or value transfer service; and Changing foreign currency.
4. CBi Global Pay account
4.1 Eligibility. Opening a CBi Global Pay account shall meet all the requirement bellow:
(a) You can only use CBi Global Pay services for commercial and business related activities. CBi Global Pay services are intended to facilitate conduct related to commercial and business activities and are not applicable to use between individuals or private persons. To have a CBi Global Pay account, you shall use it in the course of carrying out your own business, trade or profession, not for personal or family purposes or as a consumer. You hereby confirm and indicate that you are using our services for commercial purposes when using CBi Global Pay services.(b) You guarantee that you have full legal capacity to sign contracts. If you register CBi Global Pay services on behalf of an enterprise or business organization, you guarantee that you have been legally authorized under the format documents of that business organization and/or under the laws of your country and have the right to agree to and accept this agreement.
4.2 Duties of CBi Global Pay. Except for our limited responsibilities in facilitating certain collection and payment under this agreement, we are not involved in any potential transactions between you and the buyer, platform, supplier, payer or recipient. You authorize us to hold, receive and issue funds according to your receipt and payment instructions or request. Within this limited scope, we are neither a trustee nor a buyer or seller of your product or service, nor a party to a potential contracting party. We can use the services of one or more group/companies and/or service providers to provide CBi Global Pay services and issue transactions.
4.3 Validation. Your use of the CBi Global Pay service must go through CBi Global Pay' "know your customer" ("KYC") and the approval process at the time of registration. We have the right to request you to provide (including but not limited to) your identity information, business information, and shareholder information for registering CBi Global Pay account. You agree that CBi Global Pay can take the necessary means to check and verify the information you provide, including by using a third-party mediation or information base to verify your identity. Before or during the use of CBi Global Pay services, we may require you to provide additional relevant business information and documentation, including but not limited to the identification documents, address or ownership certificates and other company documents that allow CBi Global Pay to verify your individual or organizational shareholders. You agree to provide CBi Global Pay with any information that CBi Global Pay requires you to comply with their performance obligations within three (3) natural days. Failure to provide information on such requirements may result in our refusal to provide you with CBi Global Pay services. Under no circumstances shall we provide or be deemed to provide any tax amount, legal opinion, approval or proposal and its amount and time related to the payment of the bill, or any tax or legal opinion or other opinion regarding your relationship with the payee, or tax administration, or your tax, legal or business status or circumstances.
4.4 Account operation history. We will provide you with a summary of your CBi Global Pay account activities our partner’s website or mobile app.
(a) Information on the settlement of recorded payments, fees and exchange rates will be displayed on the online transaction record of your CBi Global Pay account. Please confirm the above information. If any errors are found, please check all transaction information and immediately notify CBi Global Pay to request correction. If you did not notify CBi Global Pay within 3 months from the date of the transaction is available, it will constitute your acceptance of the transactions listed in the CBi Global Pay account.(b) Unless otherwise required by law, you are solely responsible for (a) summarizing and keeping all transactions and other information related to your CBi Global Pay account, as well as permanent records of your use of CBi Global Pay services, and checking all collection and payment activities from your CBi Global Pay account to ensure that they are authorized.
4.5 Processing and rejection. We will deal with transactions that we consider legitimate and authorized. You acknowledge and accept that, be compliance with anti-money laundering regulations or internal risk management decisions, CBi Global Pay has the right to refuse payment, restrict payment or suspend the use of CBi Global Pay accounts against you at any time. You are aware that transactions conducted within the framework of this Agreement may be subject to notifications to the New Zealand Financial Intelligence Unit. You may consult all disclosed information relevant to you in accordance with applicable law, provided that your acquisition does not affect the purpose of combating money laundering and terrorist organization financing. You may not bring any legal actions against us or take any professional actions for reporting information to the relevant authorities on the basis of reasonable suspicion by CBi Global Pay company directors and employees.
4.6 Restrictions on use. You agree that you will not:
- Breach of this Agreement, Privacy Policy and any other agreement applicable to you;- Violate any applicable law and any laws or regulations of the country/region where your products or services are manufactured, purchased, stored or sold;
- Engage in illegal business or activities;
- Infringe or misappropriate of CBi Global Pay or any third party's intellectual property rights, public rights or privacy;
- The sale of imitations that infringe the intellectual property rights of third parties;
- Provide false, inaccurate or misleading information;
- Refuse to cooperate in the investigation or confirmation of your identity or any information you provide to us;
- Send or receive funds that CBi Global Pay reasonably believes which may involve money-laundering, terrorist financing or other illegal activities.
If CBi Global Pay believes that you have any of the above restricted behaviors, we may at our own discretion to suspend or terminate your CBi Global Pay account or refuse to provide you with any CBi Global Pay services in the future.
4.7 A court order or regulatory action. If CBi Global Pay have received court orders, regulatory orders or similar legal or government notices that may affect your CBi Global Pay account, we may temporarily or permanently withhold, freeze, or even release to a third party, all or part of the funds in your CBi Global Pay account as required. CBi Global Pay will decide on our own discretion. Unless otherwise required by a court order, applicable law, regulatory requirements or other legal proceedings, we shall inform you of the above actions. CBi Global Pay has no obligation to defend or appeal against any court order or legal proceedings involving you or your CBi Global Pay account.
5. Remitting
5.1 Only the platforms or payments which are approved by CBi Global Pay may be made to your CBi Global Pay account for CBi Global Pay’ permitted purposes. The approval of the platform or payment shall be decided by CBi Global Pay's sole discretion. The payments without CBi Global Pay’ approval may be rejected. Any costs and expenses related to the rejected payment shall be borne by your own cost (if applicable). You undertake that the funds which is receiving through CBi Global Pay services does not violate the agreement with the platform.
5.2 You can charge with USD and other currencies.
5.3 After you open your CBi Global Pay account, you can provide the account information to the platform or recipient that you wish to receive payment through CBi Global Pay services. Please note that you are not allowed to perform any activities beyond the scope of CBi Global Pay services.
5.4 CBi Global Pay services only accept wire transfer, the services of remitting and remittance do not support cash, credit card payments.
6. Remittance
6.1 You should ensure that the information should include the following list when the remittance are initiated:
a) Currency type and the amount of remittances;
b) Recipient’s Account name and account number;
c) Receiving bank information, including receiving bank’s name, bank address, bank code (such as Swift number, ABA, IBAN, etc.);
d) other information required by CBi Global Pay to make remittances as required by law.
6.2 If the information provided by the customer is incomplete or incorrect due to technical problems, CBi Global Pay may refuse to execute the remittance instruction.
7. Foreign Exchange Settlement and Withdrawal Services
7.1 CBi Global Pay foreign exchange settlement Service. After your receiving account receives the relevant transaction funds, you can submit a corresponding withdrawal request ("Foreign Exchange Settlement and Withdrawal Instructions") to CBi Global Pay, and instruct CBi Global Pay to pay part or all of your transaction funds (after deducting related service fees) to your designated bank account. The above services are collectively referred to as "CBi Global Pay Foreign Exchange Settlement and Withdrawal Services".
7.2 You understand and agree that, for the purpose of using CBi Global Pay Foreign Exchange Settlement and Withdrawal Services, CBi Global Pay will synchronize your identity information and transaction information to CBi Global Pay’s cooperative third parties in real time. You also agree that CBi Global Pay’s cooperative third parties will handle the balance of payments declaration for you in accordance with the procedures required by relevant laws and regulations (if applicable).
7.3 CBi Global Pay will urge the cooperative third party to remit the funds to your designated bank account within a reasonable period after receiving your transaction funds. Meanwhile, CBi Global Pay will also settle your transaction funds to your designated bank account through a cooperative third party (if applicable) after receiving your Foreign Exchange Settlement and Withdrawal Instructions and the corresponding transaction funds. You agree that if the time of receiving your Foreign Exchange Settlement and Withdrawal Instructions by CBi Global Pay or the cooperative third party or the time for settlement of funds is non-working time of the local bank, CBi Global Pay or the third party will postpone the work to the next working day of the local bank.
7.4 If the settlement amount corresponding to any of your Foreign Exchange Settlement and Withdrawal Instructions does not comply with the relevant cross-border settlement laws and regulations, CBi Global Pay has the right not to execute this instruction. You shall bear the exchange losses that may occur due to the exchange rate difference between the two exchanges before and after the settlement funds, as well as the relevant bank fees and/or the corresponding handling fees (if any) paid by CBi Global Pay.
7.5 You must ensure that your Foreign Exchange Settlement and Withdrawal Instructions, including but not limited to your designated bank account and the settlement and withdrawal amount, are accurate. If occurs the relevant fund transfer error due to your Foreign Exchange Settlement and Withdrawal Instructions, CBi Global Pay will not take any responsibility. If the remittance or the withdrawal of foreign exchange is rejected due to your Foreign Exchange Settlement and Withdrawal Instructions (including the situation where your Foreign Exchange Settlement and Withdrawal Instructions are rejected due to non-compliance with laws and regulations or regulatory requirements), you will bear all the expenses incurred, and you agree that CBi Global Pay has the right to deduct the corresponding fees directly from your receiving account balance.
7.6 You understand and agree that your Foreign Exchange Settlement and Withdrawal Instructions are irrevocable once issued.
8. Cost
8.1 The cost of service is USD200 per year for maintaining the account, payable annually.
9. Termination and suspension
9.1 If you wish to terminate this Agreement or your CBi Global Pay account, you can stop using CBi Global Pay services. The terms and conditions of this Agreement, warranty, disclaimer, liability and limitation of liability shall remain in full force even after the termination of this Agreement.
CBi Global Pay can suspend or terminate some or all of the CBi Global Pay services to you at any time for any reason. If possible, we will give at least one (1) month's notice by email, unless exceptional circumstances or regulatory circumstances (including but not limited to court or government orders) result in the fact that CBi Global Pay must take immediate action, e.g.,(a) you provide false, misleading, incomplete or inaccurate information or other dishonest conduct;(b) you violate this agreement or any other agreement ;(c) your CBi Global Pay account is damaged or for other security reasons; (d) you engage in fraud, money laundering, terrorist financing or other illegal activities, or we have the above reasonable suspicion ;(e) you use CBi Global Pay services in accordance with the applicable law involving illegal acts or fraud, or we have the above reasonable suspicion; or (f) we have other suitable reasons. We will send notice of termination / suspension of service, and we will also provide instructions on how to withdraw the remaining funds if the applicable law does not prohibit.
9.2 When your CBi Global Pay account is suspended or terminated, any continued attempt to use CBi Global Pay services will result in your funds being rejected and returned to the platform and may be notified to the relevant department as required. You are solely responsible for any expenses related to the rejected payment.
10. Use CBi Global Pay Services Safely
10.1 You should properly protect your CBi Global Pay account, password and service certificate, as well as computers, mobile phones or other equipment from any risk of loss, embezzlement, unauthorized use.
10.2 If any of the following occurs, please contact us immediately:
(a) if you find any loss, theft, embezzlement or unauthorized use of your CBi Global Pay account;(b) within 3 months after the date of transaction, you find any unauthorized or incorrect settlement request or transaction.
10.3 CBi Global Pay will keep you informed in the appropriate manner.
11. Limited liability
11.1 CBi Global Pay or its service providers are not responsible for any of the below, nor are we responsible for any contractual liability, negligent liability, strict liability or other legal or equitable principle:(i) any special, incidental or indirect damage;(ii) purchase costs of alternative services ;(iii) interruption of use, or loss or damage of information; or (iv) amounts exceeding the full amount that you paid to CBi Global Pay under this Agreement within 12 months prior to the appearance of the cause of action; any failure or delay which is beyond the reasonable control.
11.2 For any credited/recorded payment, you hereby exempted the corresponding payment liability of the Platform, i.e., the related payment CBi Global Pay received from the Platform and will be settled to you through CBi Global Pay in the future.
11.3 Payment orders may be executed only if they meet the regulatory requirements. CBi Global Pay shall not bear any damage that may result from the inaccurate, incomplete or incorrect information (provided by you) which caused that CBi Global Pay fails or mistakenly executes the billing instructions. In the case of VAT payment in the European Economic Area, the payment instruction is executed in accordance with the relevant approved payee’s International Bank Account Number (IBAN), provided that such bank account is held by the EEA’s bank (“unique identifier”). If the unique identifier provided by you is different from any other information, CBi Global Pay only relies on the unique identifier to execute the instruction without any liability. In this case, the funds under the relevant payment instructions transmitted by you will be deemed to have been transferred to the intended beneficiary. If the unique identifier provided by the customer is incorrect, as long as CBi Global Pay executes the instruction according to the unique identifier shown, then CBi Global Pay will not be liable for any damage that may result from the failure or incorrect execution of the billing payment instruction, you will bear full responsibility on your own risks.
11.4 You acknowledge that CBi Global Pay may provide CBi Global Pay services by using facilities which may be provided by banks, payment service providers, clearing networks and other third-party payment processing services. There is no business agreement between the service provider and you, so each service provider does not take any direct responsibility for you.
11.5 You shall be fully responsible for reporting all funds used for CBi Global Pay services to the relevant government tax authorities and paying any related taxes applicable to such payments and fulfilling any other relevant reporting requirements, including but not limited to: any customs or foreign exchange controls.
11.6 Neither party shall be deemed to be in breach of contract or liable for breach of contract due to force majeure resulting in delay in performance or non-performance of the obligations.
12. Other agreements
12.1 Obtain this Agreement. The terms of this agreement have been provided to you before the agreement become effective and are thereafter available on our website. During the terms of the contractual relationship, you have the right to receive and accept the terms and conditions of this agreement at any time.
12.2 Change of agreement. We may update CBi Global Pay services, which means that sometimes we have to change the terms and conditions of this agreement. CBi Global Pay may at its own discretion to amend, modify or update this Agreement. If we make any important changes, we will inform you by email or otherwise. If you disagree with the changes, then you should stop using CBi Global Pay service immediately. Your continual using of CBi Global Pay Services will be deemed as you agree with the updated agreement. However, any transaction or dispute that occurred before the agreement has been changed, it shall be subject to the agreement which is already signed when the transaction or dispute occurred.
12.3 Service providers. CBi Global Pay has the right to allow third parties to provide CBi Global Pay services. CBi Global Pay may require that complete or partial service procedures be handled directly through these third parties, as stated in the privacy policy.
12.4 Anti-Money Laundering & Anti-terrorist Financing Compliance. CBi Global Pay is bound by the applicable law on anti-money laundering and anti-terrorist organization financing. CBi Global Pay therefore reserves the right to obtain information from you, including but not limited to, information about your identity, business transactions, business relationships, and/or financial information. Moreover, CBi Global Pay must take all necessary steps to confirm you and (if applicable) the beneficial owner of the CBi Global Pay account and/or any recorded payments related to the CBi Global Pay account. You acknowledge that even without sufficient information about its purpose or nature, CBi Global Pay can terminate or delay the use of login information at any time, access accounts or execute transactions.
12.5 Severability. Invalidity or unenforceability of one or more provisions of this Agreement shall not affect any other provision of this Agreement. If possible, any unenforceable provision within this Agreement will be modified to reflect the parties’ original intention of interest. The same approach applies to the case of regulatory gaps.
12.6 Compensation. You agree to indemnify, defend and protect any third party against the claims of directors, officers, employees and agents of CBi Global Pay’ parent company or subsidiaries and their companies as a result of your use of CBi Global Pay services to exempt CBi Global Pay from any compensation and expenses (including attorney fees). You agree to compensate CBi Global Pay for any fees or taxes levied from CBi Global Pay due to your business activities, or any fees associated with the services that CBi Global Pay provide to you. You authorize CBi Global Pay to recover any such government fees or taxes from your CBi Global Pay account.
12.7 Disclaimer. CBi Global Pay and its service providers hereby declare that they do not undertake any express or implied warranties, including but not limited to warranties of marketability, specific use and non-infringement. CBi Global Pay and their service providers do not guarantee that there will be no errors in the service or that access rights will remain continuous and uninterrupted. You understand the content or service you have decided to download or otherwise obtain through our CBi Global Pay service is at your own risks.
13. Jurisdiction
13.1 Application of Law. This agreement is governed by, exclusively and construed in accordance with the laws of the Hong Kong.
13.2 Dispute. You hereby agree that any dispute, claim or argument arising under this agreement or with our services, regardless of the nature of the alleged cause of action, it shall be negotiated at first. In the absence of friendly negotiation, the dispute shall be settled by the Financial Dispute Resolution Service, CBi Global Pay’s designated Dispute Resolution Scheme. You may find their contact information on our website, under our disclosure statement.