ENGLISH (EN)
CLEARPAY CROSS BORDER TRADE SCHEDULE
(a) Clearpay may, in its sole discretion, authorize you to use its Services for transactions relating to certain customers located in certain territories outside the European Union (as notified to you by Clearpay) to allow those customers to use the Services to purchase Goods offered on your Website (“Cross Border Trade”). Where Clearpay authorizes you for Cross Border Trade, this Cross Border Trade Schedule (“Schedule”) will apply and will form part of your obligations under the Clearpay European Services Agreement (“Agreement”).
(b) If this Schedule applies:
(i) All references in this Agreement to “Clearpay Purchase” shall also include Cross Border Transactions and apply as they would in relation to any Clearpay Purchase;
(ii) The limitations on the purchase of Goods from, and the delivery of Goods to, locations outside the European Union do not apply in respect of Cross Border Transactions;
(iii) In accordance with the Agreement, you must ensure that all Goods are Delivered to the Customer promptly, and within the expected Delivery period as represented to the Customer at the point of sale and up to maximum of twenty-one (21) days if it is a Cross Border Transaction;
(iv) You are responsible for arranging Delivery in respect of all Cross Border Transactions and for any and all additional costs and charges (including without limitation any applicable taxes, duties, delivery charges and other applicable amounts) associated with any Cross Border Transaction;
(v) You must ensure that any and all additional costs and charges associated with a Cross Border Transaction (including without limitation any applicable taxes, duties, delivery charges and other applicable amounts) charged by you to the Customer in respect of a Cross Border Transaction are included in the Sale Price and Shipping Costs (as applicable) or are otherwise clearly represented to the Customer prior to the point of purchase;
(vi) To allow for foreign exchange settlement, the Payment Date for Purchase Amounts and Fees and for Refund Amounts for a Cross Border Transaction may be extended in each case by three (3) additional Business Days (to the Business Day timeframes included in this Agreement);
(vii) In accordance with the Agreement, Clearpay will make all payments to you in respect of a Cross Border Transaction. These payments will be made in Euros;
(viii) In addition to any Fee payable in accordance with the Agreement, a "Cross Border Transaction Fee" will be payable by you for each Cross Border Transaction for each Clearpay Purchase :
The Fee each Clearpay Purchase = @% x Settlement Amount
This mean for example if the Fee payable in accordance with this Agreement is 6% x Settlement Amount + €0.30, the Fee payable by You for each Cross Border Transaction shall be: (6 + 2%) x Settlement Amount + €0.30;
(ix) The terms of the Agreement relating to Fees apply to the Cross Border Transaction Fee in the same way as they apply to the Fee (including that the Cross Border Transaction Fee is not refundable unless paid incorrectly or otherwise required by law). For the avoidance of doubt, the Cross Border Transaction Fee will not be refunded or repaid to you in respect of Goods that are returned to you by Customers; and
(x) You and we will, when performing obligations in relation to Cross Border Transactions for Customers located outside of the European Union, each comply with the Cross Border Transaction Privacy Terms available here https://www.clearpay.com/es-es/cross-border-transaction-privacy-terms.
(c) In addition to the other rights of termination under this Agreement, Clearpay may terminate the provision of Cross Border Trade to you for any reason immediately by written notice to you (including without limitation where Clearpay ceases to offer Cross Border Transaction capability in connection with its Services). If Clearpay terminates Cross Border Trade, this Schedule shall not apply but the remaining provisions of this Agreement shall not be affected and the Agreement shall remain in full force and effect and shall continue to be legally binding on the parties. For the avoidance of doubt, if either party terminates this Agreement, if applicable, this shall also terminate your provision of the Services to customers located outside the European Union such that the Cross Border Trade offering shall also terminate.
(d) Additional definitions pursuant to this Schedule:
(i) Clearpay Affiliate means a related entity of Clearpay, including one in another jurisdiction;
(ii) Cross Border Transaction means an Clearpay Purchase between you and a Customer who is located in, and resides outside of European Union, where Delivery of the Goods takes place outside the European Union;
(iii) Customer means a customer of an Clearpay Affiliate who uses a product or service similar to Clearpay's to buy Goods; and
(iv) "we" includes an Clearpay Affiliate, where applicable.
