pagosegur is a service provided by Gandisoft, S.L.
PAGOSEGUR is a service provided by Gandisoft SL which helps to finish a transaction agreement or a service agreement between individuals or businesses.
Sometimes transactions reach to a point where one of the two parts has to asume a risk of sending money without having received the merchandise, and other times it is the other way round, the seller has to asume the risk of sending an ítem or start a professional job without really knowing whether the counterpart has the real will or capacity of paying.
Managing the risk is done differently in each situation, and before PAGOSEGUR this was happening as one of the following cases: 1) One of the parts assumes the risk, in which case the operation can end well or badly. 2) In many cases the deal is finally not closed because of fear of the risks and both parties lose because of that fear. 3) Some sellers need to increase prices to cover the loses of those transactions that end badly.
PAGOSEGUR partners with both parts in each transaction to reduce risk and to help finish it, acting as a witness and document repository, as well as a depositary of the amount agreed between the parts and finally sending the money to the seller. In some cases where there is conflict we need to act as arbitrage.
PAGOSEGUR also accepts the figure of the Intermediary in its case as an interested party, with the faculties to register a transaction, follow up and collect a commission at the end of the process with the agreement of buyer and seller.
PURPOSE AND ACCEPTANCE
IDENTIFICATION AND COMMUNICATIONS
PAGOSEGUR, in compliance with the Spain Law 34/2002 of 11 July, related to services of the information society and electronic commerce, informs that: Its company name is GANDISOFT, SL. , NIF: B98.586.159, registered office PASEO GERMANIAS No. 64 FLOOR: 1 DOOR: 2, 46702 Gandia, Valencia. Registered in the Commercial Registry of Valencia, Volume 9709, Folio 212, Sheet V156666.
CONDITIONS OF ACCESS AND USE
The website and PAGOSEGUR services are restricted and remunerated. PAGOSEGUR conditions the use of its services to the previous completion of the corresponding form. The User guarantees the authenticity and timeliness of all data provided to PAGOSEGUR and will be solely responsible for any false or inaccurate statements made. The User expressly agrees to make appropriate use of the contents and services of PAGOSEGUR and not to use them for, among others:
- 1. intervene in the payment of any illicit operation or disseminate content, criminal, violent, pornographic, racist, xenophobic, offensive, inciting terrorism or, in general, contrary to law or public order.
- 2. Insert computer viruses or perform actions that can alter, damage, interrupt or generate errors or damage in electronic documents, data or physical and logical systems of PAGOSEGUR or third parties; as well as hinder the access of other users to the website and its services through the massive consumption of computer resources through which PAGOSEGUR provides its services.
- 3. Try to Access to data from other users or to restricted areas of the computer systems of PAGOSEGUR or to third parties' or in any case to extract information.
- 4. Violate intellectual or industrial property rights, as well as violating the confidentiality of the information of PAGOSEGUR or third parties'.
- 5. Impersonate the identity of another user or third party.
- 6. Use PAGOSEGUR for activities other than those necessary for the process of closing transactions. All the contents of PAGOSEGUR, such as texts, photographs, graphics, images, icons, technology, software, as well as its graphic design and source codes, constitute a work whose property belongs to PAGOSEGUR: None of the rights may be understood to be transferred to the User. The User must not use them beyond what is strictly necessary for the correct use of PAGOSEGUR services. In short, Users who access PAGOSEGUR can view the contents and, where appropriate, make authorized private copies provided that the elements reproduced are not subject to any type of exploitation. Likewise, all trademarks, trade names or distinctive signs of any kind that appear on the website are the property of PAGOSEGUR, without it being understood that the use or access to it attributes to the User any right over them.
The introduction by a user of a hyperlink in the communication chat or in the form of a transaction does not imply in any case the existence of relations between PAGOSEGUR and the website to which it is addressed, nor does it imply acceptance and approval by the party of PAGOSEGUR of its contents or services. Gandisoft SL is not responsible for the use that each User gives to PAGOSEGUR nor for the actions carried out based on them. PAGOSEGUR may terminate the Users Access to its services for technical, economic or commercial reasons, without further responsibility in its case than the return of amounts paid in advance and that constitute fees for services not provided.
Users of PAGOSEGUR expressly waive compensation for damages, losses or loss of profit caused by PAGOSEGUR. Any other type of claim between the parties to a transaction remains open.
The services of PAGOSEGUR have their price specified in the place where they are contracted, as well as in the web www.pagosegur.com/en/fees. Each section of the fees can activate additional services to the basic service, as indicated. The 21% VAT will be added to this price unless the customer resides outside the European Union or is an accredited intra-Community operator before the invoice is issued. Payment is made by credit card. Once a transaction is initiated and the amount sent, the fee for the PAGOSEGUR services is fully paid. Said fee will be detracted from the amount to be transferred to the buyer or seller in each case upon the completion of the transaction.
For regulatory reasons, the PAGOSEGUR services for the moment are not provided to residents in the United States of America or for payments or collections which have origin or destination in that country.
PAGOSEGUR SERVICE PROCESS:
Users will register by completing their User file through the secure website www.pagosegur.com or the PAGOSEGUR app. The file requires personal identification data and bank account data for the payment of the amounts.
A registered user can register a transaction. A sufficiently detailed description will be given so that the parties give their conformity according to what they have agreed among themselves before entering PAGOSEGUR. Both parties will provide their email address, which will be the official means that PAGOSEGUR will use for any notification, always from an email with the extension @pagosegur.com.
The parties receive notification by email of the registration of the transaction, while awaiting that it is confirmed. Your User file must be completed before you are able to confirm the transaction.
Once confirmed the transaction by the parties, the buyer carries out deposit of the agreed amount using a credit card or a wire transfer to a secure PAGOSEGUR account. The deposit is not made until it is not confirmed by the receiving bank that such deposit is firm and can not be reversed by the depositor.
Once the deposit is confirmed, the seller proceeds to send the article or to perform the agreed service.
Once received the item or service, the buyer must enter the conformity in the system so that the process can conclude with the payment to the seller.
PAGOSEGUR transfers the deposit to the seller's bank account.
Both parties are encouraged to describe and document the transaction as well as possible with a correct description to avoid bad understanding between the parties.
DESTINATION OF DEPOSITS AND ARBITRATION:
In the process of Registration of a transaction, the amount that the buyer must deposit in PAGOSEGUR is detailed. It covers the amount to be paid to the seller and, if applicable, to the Intermediary.
This amount is deposited in a bank account of the depositary in the entity indicated in the payment platform, waiting for the conclusion of the transaction, and will not be invested in assets of any kind under any circumstances.
In the event that the transaction does not conclude with the agreement of the parties, the parties submit to the arbitration of PAGOSEGUR in the first instance, regardless of whether any of the parties later decides to go to the ordinary courts or other means of settlement. The arbitration pursues the unblocking of a stalemate in the disagreement and allows the parties to know how their transaction has ended and to initiate a claim in the ordinary courts if this were the case. To cover all the cases, the result of the arbitration can be the return of the deposit to the buyer, the payment to the seller, an intermediate Solomonic solution and even the deposit of the money in a court. PAGOSEGUR reserves the right to interpret situations of abuse of the system and even to deregister users who apparently intend its abuse.
It is therefore recommended that the parties document in the chat and the transaction file everything that can help the arbitrator to interpret the case: photos of the packaging, photo of the delivery note, photo of how the package has arrived at the destination , etc. The arbitrator's function concludes with his or her opinion that will be sent to the transaction chat together with all the rest of the transaction information, as well as sent by email. If the arbitrator is summoned to appear in a legal proceeding, the party that requires this must pay for this service the amount of five hundred euros plus the expenses necessary to meet the requirement, plus VAT.
The arbitration will be carried out, depending on the case, by PAGOSEGUR staff or by independent arbitration services.
EXCLUSION OF GUARANTEES AND RESPONSIBILITIES:
PAGOSEGUR excludes, to the extent permitted by law, any liability for damages of any kind arising from: a) The impossibility of temporary or permanent access to the services of PAGOSEGUR and the existence of vices and defects of any kind. b) The lack of veracity, accuracy, completeness and / or timeliness of the messages exchanged between the parties to a transaction. c) The presence of viruses or other elements in the messages and files exchanged between the parties of a transaction that could produce alterations in the computer systems or electronic documents of the users. d) Failure to comply with the laws, good faith, public order, traffic uses and this legal notice as a consequence of the misuse of PAGOSEGUR. In particular, and as an example, PAGOSEGUR is not responsible for the actions of third parties that violate intellectual and industrial property rights, business secrets, rights to honor, personal and family privacy and the image itself, as well as the regulations on matters of unfair competition and illicit advertising.
PAGOSEGUR does not guarantee nor is responsible for the quality, suitability or legality of the links to websites shared between the parties in a transaction; PAGOSEGUR does not suggest, invite or recommended the visit to them, so it will not be responsible for the result.
The data collected in the forms will be incorporated into a personal data file duly registered in the General Data Protection Register of the Spanish Agency for Data Protection with the web users registration code: 2152610506, of which Gandisoft SL is responsible. PAGOSEGUR will treat the data confidentially and exclusively for the purpose of offering the requested services, with all the legal and security guarantees that the Organic Law 15/1999, of December 13, of Protection of Personal Data, the Royal Decree 1720/2007, of December 21 and Law 34/2002, of July 11, of services of the Information Society and Electronic Commerce. When PAGOSEGUR needs information from you, we will ask you directly and expressly to provide it to us, always from an email with the extension @ pagosegur.com.
Gandisoft SL undertakes not to assign, sell or share the data of users with third parties without their express approval. Likewise, Gandisoft, SL will cancel or rectify the data when they are inaccurate, incomplete or no longer necessary or relevant for their purpose, in accordance with the provisions of Organic Law 15/1999, of December 13, on the Protection of Data of Personal character. The user may revoke the consent given and exercise the rights of access, rectification, cancellation and opposition by going to that effect to the registered office of Gandisoft, S.L, previously indicated, duly identifying and clearly indicating the specific right exercised. Gandisoft SL adopts the corresponding security levels required by the aforementioned Organic Law 15/1999 and other applicable regulations. However, it does not assume any responsibility for the damages and losses derived from alterations that third parties may cause in the computer systems, electronic documents or files of the user.
Gandisoft SL can address the Users using the email address provided by them. If you do not wish to receive these messages by email, we will offer you the possibility of exercising your right to cancel and waive the receipt of these messages, in accordance with the provisions of Title III, Article 22 of the Law. 34/2002 of Services for the Information Society and Electronic Commerce.
Finally, the data collected will be processed in compliance with the Spanish law 10/2010 of prevention of laundering of capital and financing of terrorism, as well as its regulations published in RD 304/2014.
PROCEDURE IN THE EVENT OF UNLAWFUL ACTIVITIES:
In the event that any User or a third party considers that there are facts or circumstances that reveal the illegal nature of the activity of a user of PAGOSEGUR, he/she must send us a notification identifying him/herself, specifying the alleged infractions and expressly stating that the information provided in the notification is accurate. For any litigious issue that concerns the PAGOSEGUR website, Spanish legislation will be applicable, with the Courts and Tribunals of Gandía (Valencia, Spain) being competent.
The administrative information provided through the website does not replace the legal publicity of laws, regulations, plans, general provisions and acts which must be formally published in the official journals of public administrations, which are the only instrument that attests their authenticity and content.
PAGOSEGUR COOKIES POLICY
Thank you for your collaboration.
Last updated 10 October 2017.
José Vicente Gomar, PAGOSEGUR General Manager