EPS – EXIMFIX PAYMENT SECURITY SERVICE AGREEMENT
PLEASE READ THE AGREEMENT CAREFULLY!
Eximfix Payment Security Agreement (hereinafter referred to as the "Agreement"), is a contract for secure trading services provided by www.eximfix.com, an affiliate of Al Dar Group Software Ltd. (here in after referred to as "Eximfix"). It is a system created to protect trade security upon application made by suppliers or buyers (here in after referred to as "Seller" and "Buyer") on Eximfix.com. After the buyer and seller reach an agreement on the content of the transaction, the buyer pays the payment for the goods to the supervision account assigned by Eximfix and the seller sends the goods to the buyer. Eximfix sends the payment for the goods to the seller when the fund release conditions are met according to the Contract. Eximfix will receive a total of 4% Commission fee (here in after referred to as "Service Fee") from Buyer/Seller or equally shared from both parties for this service.
You undertake to read the Agreement carefully before applying to EXIMFIX PAYMENT SECURITY. Your use of our services indicates your acceptance to be bound by the Agreement.
If necessary, we have the right to formulate and revise the Agreement from time to time and to announce the latest version on Eximfix and notify you of it. IF YOU CHOOSE TO CONTINUE TO USE EXIMFIX PAYMENT SECURITY, YOU AGREE TO THE NEW SERVICE AGREEMENT.
1. THE SERVICES ARE AVAILABLE FOR EXIMFIX MEMBERS ONLY. Please register on the platform as an Eximfix user before applying to use the services. If the Eximfix services you use have expired or have been terminated for any reason, you cannot benefit from the services.
2. Services can be initiated by the supplier or buyer. After applying for a transaction by one party, Eximfix will notify the other party by e-mail. If the other party of the transaction chooses to deal, Eximfix will provide services to both parties of the transaction.
3. AFTER BOTH PARTIES HAVE REACHED AN AGREEMENT REGARDING THE CONTENT OF THE TRANSACTION AND THE PAYMENT METHOD, THE CONTRACT AMOUNT AND SERVICES FEE IS DEPOSED BY THE BUYER INTO THE SUPERVISION ACCOUNT OF EXIMFIX. TRANSACTION COSTS BELONG TO THE BUYER.
AFTER RECEIVING THE CONTRACT AMOUNT, EXIMFIX INFORMS BOTH PARTIES IN THE TRANSACTION BY E-MAIL. WHEN THE CONDITIONS OF THE AGREEMENT ARE ACHIEVED, EXIMFIX TRANSFERS THE PAYMENT TO THE SELLER AFTER DEDUCTING SERVICES FEE. POSSIBLE TRANSACTION COSTS FOR THE PAYMENT TRANSFER BELONG TO THE RECEIVER.
4. After Eximfix receives the payment for the goods from the buyer in the transaction, it will promptly notify the buyer and seller. Eximfix will secure the payment in the custody account and hold the money properly and will not release the money until the terms of the agreement are met. Eximfix will no longer secure the money after the fund is released due to any of the following situations:
a- The money will be transferred to the seller when the fund release conditions agreed by both parties during the transaction are met;
b- If the transaction is canceled, the retained funds will be returned to the buyer in the transaction, without charging any service fee. Possible transaction costs for the payment transfer belong to the receiver;
c- If the buyer and seller have reached a new agreement, the funds will be disposed of according to the new agreement reached between both parties;
d- If the parties submit a dispute to EXIMFIX under the platform's user agreement and trust the final binding decision made by the platform, the funds will be disposed of in accordance with the decision;
e- If EXIMFIX takes any order or judgment issued by the competent court, arbitration court or relevant authorities regarding the release of funds; funds will be disposed of in accordance with such order, decision or jurisdiction.
5. If there is an unpaid service fee to EXIMFIX, Eximfix has the right to deduct the relevant work fee while releasing the fund.
6. Unsolicited funds will be held in the secured account for two years and, upon expiry, the users concerned will be deemed to have automatically waived any recourse against the funds. If the laws and regulations of the relevant region apply; Eximfix will transfer the fund to the relevant competent authority after deducting the relevant service fee to be paid to EXIMFIX.
7. Eximfix has the right to refuse to provide services for a transaction in the following cases:
a- If there is a record that any party has filed a complaint against any of the parties regarding the transaction in EXIMFIX due to dishonesty;
b- The transaction does not comply with the terms and conditions of the Agreement;
d- If Eximfix has reasons to believe that the transaction may violate any law or rule or cause Eximfix to take responsibility;
e- If it is suspected that the traded products violate the laws and regulations or other prohibitions of the countries where the transaction parties located.
8. YOU CONFIRM AND AGREE THAT EXIMFIX ONLY PROVIDES BOTH PARTIES TO THE TRANSACTION WITH SECURED TRADING SERVICES FOR THE PAYMENT FOR GOODS IN THE TRANSACTION AND DOES NOT PARTICIPATE IN THE SPECIFIC TRANSACTION BETWEEN THE PARTIES TO THE TRANSACTION. YOU SHOULD SIGN A SPECIFIC TRANSACTION CONTRACT WITH THE OTHER PARTY IN RELATION TO THE TRANSACTION AND TAKE THE RESPONSIBILITY FOR ALL DISPUTES ARISING IN THE TRADING PROCESS.
9. The user acknowledges and agrees that no interest or other income will be charged from the custody of any amount.
3. User's Obligations
1. THE USER GUARANTEES:
a- ALL TRANSACTIONS ARE CONDUCTED ONLY BETWEEN USERS, AND USERS SHALL ENSURE THAT YOUR TRANSACTIONS FULLY COMPLY WITH THE RELEVANT TERMS, PROVISIONS AND POLICIES OF EXIMFIX. ALL USERS SHALL ENSURE THAT EXIMFIX WILL TAKE NO RESPONSIBILITY FOR ANY OF YOUR TRANSACTIONS OR PRODUCTS OR SERVICES ARISING FROM THE TRANSACTIONS.
b- YOU SHALL ENSURE THAT ALL NECESSARY INFORMATION AND MATERIALS YOU PROVIDED TO THE EXIMFIX ARE AUTHENTIC, ACCURATE AND COMPLETE, AND THAT THE TRADING INFORMATION YOU DISCLOSE TO EXIMFIX IS IN LINE WITH THE PRODUCTS ACTUALLY TRADED AND/OR THE SERVICES ACTUALLY PROVIDED BY YOU. IF THE USER FAILS TO FULFILL THE OBLIGATION OF ASSISTANCE, EXIMFIX HAS RIGHT TO DELAY OR CANCEL ANY SERVICES, AND WILL NOT BEAR ANY LOSS OR LIABILITY ARISING FROM SUCH DELAY.
c- THE INFORMATION YOU PROVIDE ABOUT THE SERVICES IS COMPLIANT WITH LAWS AND REGULATIONS, REAL, LEGAL AND ACCURATE AND DOES NOT CONTAIN ANY INCORRECT OR MISCELLANEOUS CONTENT.
2. The user agrees to bear all losses caused by the violation of the Agreement to EXIMFIX, including but not limited to its own direct economic losses, loss of goodwill and indirect economic losses such as compensation, amount for settlement, lawyer's fees and litigation costs paid to other parties.
3. USERS CANNOT TRANSFER THE CONTRACT IN WHOLE OR PARTLY TO ANOTHER THIRD PARTY.
4. Protection and Authorization of Personal Information
In order to provide you with comprehensive, high quality and personalized services, you allow Eximfix to use and share your personal information with Al Dar Group.
5. Force Majeure
Due to the special nature of the online transfer, if a user cannot use the services for the following reasons, the user acknowledges that Eximfix does not bear the relevant liability for breach of contract: (1) An announcement regarding the prior suspension of system services published by Eximfix; (2) data transfer fails due to malfunction of the communication equipment and system used by the user; (3) if the system operation fails due to typhoons, earthquakes, tsunamis, floods, power outages, wars, terrorist attacks and other force majeure events; (4) and business interruption or postponement due to hacking, failure of telecommunications management or website upgrade, banks and other reasons.
6. Restricted Liability
Eximfix does not guarantee services and products within the scope of any transaction between users. You acknowledge and agree that all risks and liabilities arising from the transaction will be borne by you and your other party.
7. Dispute Resolution
1. This Agreement has been written in both Turkish and English. In case of any inconsistency between the two versions, the Turkish version will prevail.
2. In respect of disputes arising from the validity or interpretation, modification, implementation and analysis will be governed by the laws of the Republic of Turkey; If there is no applicable law, it will be applied after necessary changes in accordance with commercial practices and / or industry practices.
3. In the event of any dispute or claim arising out of or in connection with your use of the Services, the parties concerned will resolve the dispute through friendly negotiation. YOU AGREE THAT ANY DISPUTES CONCERNING THE TRANSACTION DURING THE TRANSACTION AND EXIMFIX WILL NOT BE LIABLE OF ANY LIABILITY ARISING FROM THE TRANSACTION BETWEEN YOU AND THE OTHER PARTY.
4. If the dispute between the parties regarding the other provisions of the Agreement cannot be resolved by negotiation by both parties, such dispute shall be submitted to the Center of the International Court of Arbitration for resolution. The arbitration award made by the Arbitration Commission will be final and binding on the parties concerned. The arbitration fee will be borne by the losing party, unless otherwise agreed by the decision.