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Payer Terms of Use - Spanish

Payer Terms - Spanish

YAPSTONE INTERNATIONAL LIMITED PAYER CONTRACT

   1.  About YapStone.

    This YapStone International Limited Payer Agreement (“ Contract ”) describes the conditions that apply to your use (“your” use) of the services offered by YapStone International Limited, a limited liability company established under the laws of Ireland (whose commercial name is HolidayRentPayment), with address at M1 Retail Park, Office Unit 7, Second Floor, Drogheda, Co Louth, Ireland (as a whole, “YapStone”). YapStone offers a technological platform that allows its landlord, property management company, vacation rental provider, Internet market and other payment beneficiaries (“Beneficiary”) to provide goods or services ("Beneficiary Services”) receive electronically the payments you owe as a result of the goods or services provided or provided by the Beneficiary (“Amount(s) Due”). You are a User (as defined below). The Amount Due and the associated Beneficiary Services are governed by the contract signed between you and the Beneficiary. We provide payment processing services (the “Service(s )”), as described in more detail below.

       2.  Consent of the Conditions.

      By using the Services, providing your information to YapStone or authorizing one or more of the payments described below, you agree to be subject to: (i) this Agreement, (ii) the Terms of Use of the YapStone Website , available at: www.YapStone.com/terms-of-use/ and (iii) the YapStone Privacy Policy, available at https://www.yapstone.com/privacy-policy-international/en/ (in your set, "Conditions"). Read all the Conditions carefully, which constitute a legally binding agreement between you and YapStone.

      The terms of this Agreement are effective as of the date you use the Services (the “Effective Date”). If you used the Services on behalf of a company, you represent and warrant that you may enter into this Agreement with YapStone on behalf of that company, that you accept the terms of this agreement on behalf of that company and that you have received a copy of the Agreement.

         3.  Services.

        3.1 Description of the Services.

        YapStone currently provides access to an electronic payment platform for: (i) rental property owners and rental property managers (collectively, “Rental Beneficiaries”) who wish to hire YapStone as their agent to accept payments from their tenants (“Rental Users”); (ii) people who wish to make an electronic payment (the “Participating Users”) to a Beneficiary; and (iii) other legal entities (“Participating Beneficiary”) that wish to hire YapStone as their payment processor for accepting payments from the Participating Beneficiary's users (“Payer's Users”) In relation to goods and services provided directly or indirectly to the Payer's User. Unless otherwise specified, all references made in this Agreement to “User(s)” will include Rental Users, Participating Users and Payer's Users. Unless otherwise specified, “Beneficiary” includes the Rental Beneficiaries and Participating Beneficiaries.

        The Services allow Users to pay Amounts Due to Beneficiaries and may include the use of a credit / debit card or other payment methods that YapStone may offer periodically (“Payment Instrument”) through the websites of YapStone (which includes, among others, www.YapStone.com , www.holidayrentpayment.eu or any other website operated by YapStone or its affiliates and any subdomain of those websites), mobile application or application programming interface (API ) (the “Website”), Telephone payments through the YapStone service center and / or other channels that YapStone can offer periodically. YapStone may provide the services together with its third party service providers. You acknowledge and agree that: (i) your payment refers to an operation between you and a Beneficiary and not with YapStone or any of the affiliates of YapStone; and (ii) in any given transaction, YapStone is a third party payment facilitator that operates on behalf of you or a Beneficiary.

        Once your payment is received, YapStone will be obligated exclusively to send the funds to your Beneficiary. YapStone has no responsibility towards you with respect to the provision of the Beneficiary Services. When a Rental User or a Payor User pays the corresponding Rental Beneficiary or Participating Beneficiary through the YapStone Services, and when YapStone acts as the Agent of the Rental Beneficiary or the Participating Beneficiary, the Rental User's debt or of the Payer's User with respect to the Rental Beneficiary or the Participating Beneficiary is extinguished, and the Beneficiary will have no recourse against you if you made your payment to YapStone having the latter as the Agent of the Beneficiary.

        You will receive a confirmation from YapStone of your payment processing.

        3.2 Availability of the Services

        You acknowledge that, if your access to the Services is subject to an agreement between YapStone and a Rental Beneficiary or a Participating Beneficiary, the corresponding Rental Beneficiary or Participating Beneficiary may limit or terminate your access to the Services; If the agreement between YapStone and the Rental Beneficiary or the Participating Beneficiary is terminated, YapStone may immediately terminate its ability to use the Services.

        3.3 Modification of the Services

        You acknowledge that YapStone has the right to change the content or technical specifications of any aspect of the Services at any time subject to the exclusive criteria of YapStone, provided that YapStone notifies you with a 30 (thirty) day notice of any modification that may substantially impair your use of the Services. You acknowledge that such modifications may cause you to not access the Services. If you do not accept the modified conditions, you must stop using the Services immediately. Your continued use of the Services after the 30 (thirty) day period of notification will constitute acceptance of the modified conditions.

           4.  YapStone Tariffs.

          4.1 Rate

          If YapStone charges you a fee to use the Services, YapStone will inform you of that fee before processing your payment ("Fees"). YapStone reserves the right to modify its rates at any time, and no modification will be applied retroactively. If you have scheduled automatic payments (“Automatic Payment”) and the rate amount is modified, you will be notified in advance and directly or indirectly about the change in that rate.

          4.2 Collection Actions

          Regardless of any other provision herein, if you do not pay YapStone the amounts due to YapStone under this Agreement, YapStone reserves the right, either by itself or through a third party that is a collection agency and without limiting the resources it has. YapStone under article 12.1, to initiate a collection action against you to recover such funds. Periodically, YapStone may charge interest on unpaid sums that are past due at least 30 (thirty) days at the annualized rate of 10% (ten percent) or at the maximum rate allowed by law applicable periodically. Interest will be calculated on a daily basis from the due date until the amount due in full is paid. In that case, you agree to pay all costs and expenses, including but not limited to,

             5.  Consent and Authorization to Use the Payment Instrument.

            You represent and warrant that you have the legal right and the power to use your Payment Instrument and authorize YapStone to debit such Payment Instrument in accordance with this Agreement.

            You hereby authorize the charge to your Payment Instrument for the amount that you authorized to YapStone through the Services, which may include the fees owed to your Beneficiary (s), any applicable tax that YapStone owes charge on behalf of a government entity and any fees owed to YapStone. You also authorize YapStone to credit or debit from your Payment Instrument any fees due to YapStone, returns, refunds or adjustments made through the Service. You agree to sign and send a direct debit order form (or other applicable bank form) in order to allow YapStone to debit from your bank account the fees and amounts that you owe YapStone.

               6.  Your information; Privacy.

              6.1 Your Information

              In order to use and continue using the Service, you agree to: (i) provide information and / or documents upon request about you that are true, accurate, current and complete; and (ii) as appropriate, inform YapStone about updates to your information so that it remains true, accurate, current and complete. You certify that all the information you provide to YapStone is true, accurate, current and complete and you acknowledge that YapStone is based on that certification as a condition for providing the Services. If you provide false, inaccurate, outdated or incomplete information or if YapStone has reasonable grounds to suspect that such information is false, inaccurate, outdated or incomplete, YapStone reserves the right to suspend or terminate your access to the Service and to withhold any payment you have delivered through the Services. You may not use and agree not to use the Service for any illegal purpose or in any other way that contradicts this Agreement. By using the Services, you also state that you are at least 18 (eighteen) years of age.

              6.2 Privacy Policy. You understand and agree that all information you provide to YapStone (including your personal and financial information) is subject to the YapStone Privacy Policy, which is available at: www.YapStone.com/privacy-policy-international/ By accepting In this Agreement, you accept that Privacy Policy, which may be updated periodically.

              6.3 Personal Information

              YapStone may use your personal data in accordance with the YapStone Privacy Policy or as required by applicable law, as described in greater detail in this Agreement. YapStone processes your personal data to provide the Services. If you do not provide your personal data, YapStone will not be able to provide the Services. The information you provide to YapStone when using the Service or the Website will be transferred to a destination outside the European Economic Area (“EEA”) for the purposes of processing by YapStone or its affiliates of the United States for the purpose specified in the Privacy Policy, which includes verifying your identity, your location or payment information in relation to YapStone Services or of its Users or Beneficiaries, or in order to comply with the legal or regulatory obligations of YapStone, as well as for administration or group management purposes. It is likely that the jurisdiction to which your data is transferred does not provide the same level of protection for your personal data as Ireland. However, YapStone will implement the necessary agreements to keep your personal data safe. Such agreements may include, when the recipient is in the United States, that YapStone respects the principles of the Privacy Protection Framework between the US. UU. and the EU, as established by the United States Department of Commerce regarding the collection, use and retention of personal information from EEA member countries. YapStone, through its parent company, YapStone Holdings, Inc., has certified that it adheres to the Privacy Protection Program. When the recipient is in a jurisdiction outside the EEA, YapStone will implement model contracts approved by the EU with the recipient of the personal data. For more information on personal data transfer, see the use and retention of personal information of the EEA member countries. YapStone, through its parent company, YapStone Holdings, Inc., has certified that it adheres to the Privacy Protection Program. When the recipient is in a jurisdiction outside the EEA, YapStone will implement model contracts approved by the EU with the recipient of the personal data. For more information on personal data transfer, see the use and retention of personal information of the EEA member countries. YapStone, through its parent company, YapStone Holdings, Inc., has certified that it adheres to the Privacy Protection Program. When the recipient is in a jurisdiction outside the EEA, YapStone will implement model contracts approved by the EU with the recipient of the personal data. For more information on personal data transfer, seehttps://www.YapStone.com/legal/privacy-shield/.

              If YapStone decides to change its Privacy Policy, it will post those changes on its Website so that you can be aware of the information that YapStone collects, how it uses that information and under what circumstances YapStone may disclose the information. It is your obligation to frequently check any changes to the YapStone Website.

              6.4. Email Communications

              To provide your services, YapStone, will use your email for administrative purposes.

                 7.  Cancellation of Payments, Credits, Returns and Refunds.

                For those payments that you believe were improperly processed, YapStone may, in accordance with applicable law, cancel, terminate or issue a credit for your payment made through the Service at any time before YapStone pays the Beneficiary. If a dispute arises with a payment after YapStone makes a payment to a Beneficiary, both you and the Beneficiary will be responsible for reaching a settlement regarding the payment dispute. You agree and acknowledge that, at your request, YapStone, subject to its sole discretion, may cancel a payment made through the Services.

                   8.  Password and Security.

                  You may be asked to create an account with YapStone to access the Services (“Account”). In that case, you will create a password by completing the Account creation process. You are the only one responsible for maintaining the confidentiality of your password, for restricting access to your Account and are fully responsible for all activities performed on your Account. You agree to notify YapStone immediately if you notice an unauthorized use of your password, unauthorized access to your Account, unauthorized access to your information or any other security breach. You agree that YapStone is not responsible for any damage or loss that may arise because you did not comply with this article.

                     9.  Service Cancellation.

                    You or YapStone may cancel your access to the Services at any time. You may cancel the Services by sending an email to servicalclientecustomerservice@holidayrentpayment.eu to: (i) request the deactivation of your Account; (ii) access the Services; and / or (iii) cancel any future Automatic Payment. You will continue to be responsible for all outstanding payments and fees due to YapStone at the time of cancellation, as well as any fees or amounts related to operations initiated before cancellation.

                       10.  Liability and Compensation.

                      10.1 Your responsibility. You will be responsible to YapStone, its parent companies and subsidiaries, as well as the directors, employees and agents of each of these (the "YapStone Parties") for all claims (as defined below) that arise or with respect to (i) your misuse of the Beneficiary Services, the Services or the Website; (ii) any breach (or, solely as regards the defense obligations, any alleged breach) of this Agreement by you or any breach of its statements, warranties or obligations set forth in this Agreement; or (iii) your fault, fraud, false statement, intent, breach of applicable laws or the rules governing the card network, or violation of the rights of any person or entity. YapStone will immediately notify you in writing of such Claims.

                      10.2 YapStone Responsibility

                      YapStone will be liable to you and your parent companies and subsidiaries, as well as the directors, officers, employees and agents of each of these ("their Parties"), as applicable, for all Claims (as defined below) that arise or with respect to (i) any breach (or, solely as regards the defense obligations, any alleged breach) of this Agreement by YapStone; or (ii) any fault, fraud, false statement, intent, breach of applicable laws or violation of the rights of any person or entity by YapStone.

                      10.3 Compensation Process

                      The party requesting compensation in accordance with Article 10 (the “Indemnified”) shall: (a) immediately notify the other party (the “Compensatory”) In writing on the claims for which compensation is requested, but in no case beyond the period of 5 (five) business days from the date on which the Indemnified has taken notice of the claim; (b) make all reasonable efforts to provide the Compensator with all the information and material that is in the hands of the Compensated with respect to the claim; (c) support the Compensator in the manner in which he reasonably requests in relation to the investigation, conciliation and defense of the claim; and (d) grant the Compensator exclusive control over the defense and conciliation of the claim. Within 10 (ten) days of the Compensator receiving notification of the claim or intimidation, The Compensator will notify the Indemnified if the Compensator will assume full control (in accordance with this article) regarding the defense, transaction or conciliation of the matter, which includes the legal advisor that the Compensator has selected. The Compensator will implement and maintain such defense diligently and reasonably and will keep the Compensated fully informed about their status. Likewise, the Compensator may not reconcile or dispose of such Claim on behalf of the Compensated or in a way that could harm the rights or interests of the Compensated (which include, among others, any conciliation that imposes a pecuniary or other liability or an admission of fault or fault on the part of the Indemnified or that requires that the Compensated be subject to a precautionary measure of any kind) without the prior written consent of the Indemnified, which does not may be unreasonably withheld or delayed. The Indemnified shall not be liable under this agreement for any conciliation held without their prior written consent, which may not be unreasonably withheld or delayed.

                      10.4 Definition of “Claim”

                      Claim” is any action, accusation, opinion, right of action, cessation and withdrawal letter, charge, subpoena, claim, intimidation, fine, lawsuit or other litigation or procedure, or notification issued or presented by a third party, or that is perform on your behalf or on your behalf, which includes any governmental entity, and all consequent sentences, good faith conciliations, penalties, damages and losses (including mediated, indirect, special, occasional or punitive damages), losses, liabilities, costs and expenses (including, but not limited to, attorney fees, expenses and reasonable costs) incurred in this regard.

                         11.  Exemptions and Limitation of Liability.

                        11.1 Disclaimers

                        EXCEPT FOR ANY EXPRESS WARRANTY INCLUDED IN THIS AGREEMENT: (i) THE SERVICES, WEB SITES AND ALL CONTENTS, SOFTWARE, MATERIALS AND OTHER INFORMATION PROVIDED BY YAPSTONE OR TO WHICH YOU MAY ACCESS OTHERWISE REGARDING THIS AGREEMENT OR THE SERVICES ARE PROVIDED IN THE STATE IN WHICH THEY ARE FOUND AND AS FOUND AVAILABLE; AND (ii) YAPSTONE AND ITS RELATED MEMBERS AND SUPPLIERS DO NOT GIVE EXPRESS, REGULATORY OR IMPLIED WARRANTIES OF ANY KIND (AND EXEMPT FROM THE LIABILITY OF ALL WARRANTIES) WITH RESPECT TO THE ABOVE, AND EXEMPT WARRANTY, FITNESS FOR A SPECIFIC END AND ABSENCE OF INFRINGEMENTS, IN EACH CASE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. WITHOUT LIMITING THE ABOVE, YAPSTONE DOES NOT WARRANT THAT THE SERVICES COMPLY WITH YOUR REQUIREMENTS OR THAT THEY ARE AVAILABLE UNINTERRUPTED, SAFE OR ERROR-FREE. YAPSTONE DOES NOT GUARANTEE THE QUALITY OF PAYMENT SERVICES.

                        11.2 Use of the global computer network. YapStone and its suppliers make no warranty regarding the quality, reliability, punctuality or security of the global computer network, the Internet or any other computer network connected worldwide or with respect to the interruption or absence of errors the websites established in these, including the Sites or the Website.

                        11.3 Limitation of Liability

                        11.3.1 YOU ACCEPT THAT YAPSTONE WILL NOT BE RESPONSIBLE FOR: ANY FAILURE COMMITTED BY A PERSON OR ENTITY THAT IS NOT ALREADY AVAILABLE AND MAY AFFECT THE RECEPTION, PROCESSING, ACCEPTANCE, TERMINATION OR CANCELLATION OF A PAYMENT OR SERVICES.

                        11.3.2 EXCEPT WHEN THE CLAIM: (i) IS SUBJECT TO THE COMPENSATION OF ARTICLE 10 OF THIS AGREEMENT; IN NO EVENT SHALL THE PARTIES OR THEIR AFFILIATE RESPONSORS OR SUPPLIERS BE LIABLE TO THE OTHER PART OR TO ANY THIRD PARTY FOR THE SUCCESSFUL EFFECTS, EXAMPLARS, INDIRECT, SPECIAL, PUNITORIAL OR CAUSED ISSUED THROUGH THAT THE PART THAT WAS OTHERWISE RESPONSIBLE HAS BEEN NOTIFIED ABOUT THE POSSIBILITY OF SUCH DAMAGES). IN NO EVENT SHALL YAPSTONE'S TOTAL LIABILITY THAT COME FROM THIS CONTRACT BE ABOVE TO EXCEED THE AMOUNT THAT RESULTS GREATER BETWEEN THE FOLLOWING TWO: (I) THE AMOUNT OF PAYMENTS SUBJECT TO CONTROVERSY, OR (II) € 100 (ONE HUNDRED EUROS). Each party recognizes that the other party has entered into this Agreement based on the limitations of liability stipulated in this paragraph and that such limitations are the fundamental basis of negotiation between the parties.

                           12.  Complaints, Dispute Resolution, Applicable Law and Jurisdiction.

                          12.1 Complaint Process

                          If you wish to file a complaint about the Services, you can do so by sending an email to customerservice@holidayrentpayment.eu. Most of your questions can be resolved through the YapStone customer service department. The goal of YapStone is to learn about the causes of your complaint and address them. To that end, the parties shall collaborate and attempt to resolve in good faith any possible dispute immediately involving persons who have the power to resolve the possible dispute. If the parties cannot resolve the possible dispute in a friendly manner at that level, you should inform the possible YapStone legal team at Legal@YapStone.com. All of your disputes regarding billing or fees must be raised within 90 (ninety) days of the corresponding operation; otherwise, it will be considered that you have renounced them permanently.

                          12.2 Applicable Law and Jurisdiction

                          This Agreement and all issues, controversies and claims that arise or with respect to this (whether contractual or non-contractual in nature, as claims for illegal acts, as a result of breach of laws or otherwise) will be governed and interpreted in accordance with the laws of Ireland. All disputes or claims that arise or with respect to this Agreement shall be subject to the exclusive jurisdiction of the courts of Ireland, to which the parties irrevocably submit. All procedures must be carried out in English. None of the provisions of this article 12.2 affect or limit your rights under the law.

                             13.  Miscellaneous Provisions.

                            13.1 Taxes

                            Each Beneficiary is responsible for: (i) determining, charging and reporting all taxes to be collected, informed or paid in connection with their use of the Beneficiary Service or with the business and use of their sites, and (ii) all applicable taxes, including taxes on sales, use, accommodation, personal property, value added, internal taxes, customs duties, importation or stamps or any other tax or duty imposed by government entities of any kind with respect to the operations processed in under this Agreement, which include penalties and interests. YapStone is responsible for YapStone net income taxes.

                            You acknowledge and agree that YapStone may be required to collect taxes in connection with your use of the Beneficiary Services or Services and to turn them on your behalf (and report all payments processed) to regulatory or governmental authorities. Apart from the corresponding value added tax (“VAT”) of the Rental Beneficiaries and Participating Beneficiaries that are in Ireland, YapStone is not responsible for VAT or other taxes collected in relation to payments. You must provide YapStone with the documentation required by the appropriate government entity in order for YapStone to process payments under this.

                            13.2 Modifications to this Contract

                            YapStone may modify this Agreement at any time by notifying it with 30 (days) in advance by email or by publishing the modified Contract on a YapStone Site, for which the notification will be valid on the date indicated in the email or publication on the website. Your continued access or use of the YapStone Services will constitute your acceptance of the modified Agreement. If you disagree at any time with the modifications made, you must contact YapStone through customerservice@holidayrentpayment.eu to cancel your Services and your Account, which will imply the cancellation of your access to the Services. This Agreement may not be modified in any other way, except by a written agreement signed by You and an authorized YapStone representative.

                            13.3 Notifications

                            All notifications and other communications under this Agreement must be in writing and may be made by email or by publication or update on the YapStone Website. Notifications addressed to you will be delivered to the email address provided to YapStone or to the address you have modified and notified to YapStone or published or updated on the YapStone Website. Notifications to YapStone may be made by email to legal@YapStone.com or by certified mail or by courier delivery the following day to: YapStone International Limited, M1 Retail Park, Office Unit 7, Second Floor, Drogheda, Co Louth, Ireland.

                            13.4 Entire Agreement and Divisibility

                            This Agreement contains the entire agreement between you and YapStone with respect to your object and supersedes all previous statements, understandings and other verbal or written agreements between the parties in relation to such object. If any of the provisions of this Agreement or its application is considered invalid or not enforceable, such provision will be modified to achieve the same economic effect as far as possible from the original provision, and the rest of the Agreement will continue to be fully valid.

                            13.5 Continuity

                            Articles 4 to 7 and 10 to 13 and the articles that guarantee the rights of YapStone will continue to be valid after the end of this Agreement.

                               14.  Contests and Gifts.

                              By participating in any contest, gift, promotion, webinar or other event sponsored by YapStone, you accept the specific conditions of these. YapStone reserves the right to modify any contest, gift, or promotion at any time.

                                 15.  Conditions on Mobile Devices.

                                If you access the Services from a mobile device using an application (the “Application”), the following conditions of the end user license agreement (“ALUF ”) will apply in addition to the aforementioned conditions:

                                15.1 YapStone grants you the right to use the Application solely for your personal use. You must comply with all applicable laws and third party agreements (for example, your wireless data services agreement). It is likely that the Application does not contain the same functionality as the Website. Deleting the Application does not deactivate or delete your profile or your YapStone Account; See Article 9 on service cancellations.

                                15.2 YapStone is the owner or licensee of all rights, titles and participations in its Application, which includes all rights to patents, copyrights, trade secrets, trademarks and other proprietary rights, including all applications, renewals, extensions and related restorations. You may not modify, adapt, translate, decompile, reverse engineer, disassemble, attempt to generate source codes in any other way or prepare derivative works of any Application, and may not delete, hide or alter notices on copyright, trademarks and other notifications on exclusive property rights of YapStone that are attached, included or that are accessed together with or through any Application.

                                15.3 Prohibited Countries Policy and Foreign Trade Regulations

                                The Application or its underlying technology may not be downloaded, exported or re-exported: (a) in (or to a resident or national of) Cuba, Iraq, Iran, Libya, North Korea, Sudan, Syria or any other country subject to seizure of States United or European Union; (b) any person included in the List of Specially Designated Nationals of the US Department of the Treasury or in the List of Subjects or Entities Denied of the US Department of Commerce; (c) any prohibited person or group or entity subject to financial sanctions from the European Union; and (d) to any prohibited country, person, end user or entity specified in the United States Export Laws. When using the Application,

                                15.4 Conditions on Mobile Devices:

                                (i) This Agreement is signed between you and YapStone, not with the mobile application platform offered by the Application download (“Application Platform”). The Application Platform is not responsible for the Application or its content.

                                (ii) YapStone grants you a non-transferable license to use the Application only on a device that belongs to you or that you control and as permitted by the rules of use established in the conditions of use of each Application Platform.

                                (iii) The Application Platform has no obligation to provide maintenance and support services with respect to the Application.

                                (iv) The Application Platform is not responsible for the investigation, defense, conciliation or exemption related to the claim for violation of intellectual property of a third party.

                                (v) The Application Platform is not responsible for addressing any Claims made by you or any third party in relation to the Application or its ownership and / or use of the Application, which includes, among others: (a) liability claims civil products; (b) any Claim regarding the breach of the Application with respect to any applicable legal or regulatory requirement; and (c) Claims arising from consumer protection laws or similar laws.

                                (vi) To the fullest extent permitted by applicable law, the Application Platform will have no other warranty obligation with respect to the Application.

                                (vii) You can direct your questions, complaints or claims related to the Application to the YapStone team to servicioalcliente@holidayrentpayment.eu.

                                Click here if you wish to download a PDF version of these conditions.

                                Last update: July 26, 2017

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