USER SERVICE AGREEMENT

 

 

Terms of Service for the UnionPay Cross-Border B2B Payment and Service Platform



Update date: December 30, 2024

Effective date: December 30, 2024


Thank you for using the UnionPay Cross-Border B2B Payment and Service Platform (hereinafter referred to as the “App” or the “Platform”), which is an app where UnionPay International Co., Ltd. (hereinafter referred to as “we” or “UnionPay International”) provides you with the cross-border B2B payment services. Before using the App, you should fully read and understand the Terms of Service as well as the usage rules, operating procedures, or charging standards that may be formulated and revised from time to time by UnionPay International as needed in respect of the services provided by the App (hereinafter referred to as the “Terms of Service”). The Terms of Service, as a supplement to and integral part of the User Service Agreement for UnionPay International Unified Account System, shall, together with the User Service Agreement for UnionPay International Unified Account System, apply to the App. Matters not covered in the Terms of Service shall be subject to the User Service Agreement for UnionPay International Unified Account System.

The terms in the Terms of Service that may be closely related to your rights and interests are highlighted in bold for your attention. You should carefully read and choose whether to accept the Terms of Service. By clicking Agree, you acknowledge that the legal entity that owns the account you are using agrees to and accepts all terms of the Terms of Services, and the Terms of Service constitute a legal document binding on both parties.

If you have any questions, comments, or suggestions about the Terms of Service, contact us through the contact information provided in the Terms of Service.



1. Representations and Undertakings

1.1 For the purposes of the Terms of Service, “User” (or “you”) shall refer to a partner who has registered on UnionPay Cross-Border B2B Payment and Service Platform and uses services. The Platform only provides cross-border payment and settlement services, and any dispute between the User and any other parties shall be resolved solely by the User and shall have no relation with the Platform and UnionPay International.

1.2 The User understands and undertakes that any request made by the User for services shall be based on the true and legal transaction background in respect of goods or services. Services on the Platform shall not be used in relation to any transaction of goods or services that is inconsistent with national import and export regulations, or any commodity transaction without any consideration as generally accepted in the market, or any intangible commodity transaction without clear pricing mechanism or with potential risks, or any projects or business activities that may endanger the security of the country or the society or may harm the public interests of the society, or any projects that are expressly prohibited by laws, regulations, or relevant regulatory authorities. UnionPay International shall have the right to immediately suspend or terminate the relevant transaction if it discovers any of the foregoing violations, in which case, UnionPay International reserves the right to terminate/rescind the Terms of Service.



2. Content of Services

When you use the App, we provide the following services under the App to you, unless otherwise noted in the User Service Agreement for UnionPay International Unified Account System:

2.1 The Platform provides the User with the cross-border currency settlement services, so that the User may complete transactions through the services. The foreign exchange payment and settlement shall be subject to relevant regulations of the State Administration of Foreign Exchange. Otherwise, the Platform has the right to refuse to provide the services.

2.2 The services shall be used only in relation to the service items and transaction types that have been approved upon the application by the User on the Platform, which shall be subject to the latest User Guidelines published by UnionPay International.

2.3 Fees for the services provided by the Platform shall be charged according to the current charge standard issued by UnionPay International.



3. Service Rules

3.1 Qualifications for Registration

The User shall be an enterprise legal person incorporated in accordance with the law and capable of bearing legal liability independently, and shall meet all of the following conditions:

(1) The User has legally obtained the business qualification for an enterprise;

(2) The User has a fixed place of business and is under operation;

(3) The User conducts business in compliance with laws and regulations and has good business reputation;

(4) The User has not been subject to any punishment by any government authority or industry organization, and has never been included in the Risk Information Sharing System of UnionPay International as a “suspicious merchant”; and

(5) If the User is not a legal person of the People's Republic of China, the User must fully understand and comply with all laws, regulations, and rules in relation to the use of the Services on the Platform as applicable in the jurisdiction of incorporation of the User.

3.2 Materials for Registration

The User shall submit materials to the Platform for registration, and shall ensure that all materials submitted for registration are true, accurate, complete, lawful, and valid. If any material submitted by the User for registration is not lawful, true, accurate, or complete, the User shall bear the liability and consequences arising therefrom, and UnionPay International reserves the right to terminate the use by User of any services on the Platform. The User shall provide and submit photocopies of its enterprise qualification materials through the Platform or by any other means, including but not limited to:

(1) Business license;

(2) Certificate of its legal representative and identity information of its legal representative;

(3) Relevant qualification certificate if it engages in any business activities that shall be under monopoly or exclusive control as required by the state or shall be subject to prior administrative licensing;

(4) Certificate of filing with the customs; and

(5) Other documents that can be used to prove the enterprise's import and export qualification, and trade contracts, customs declarations, invoices, etc.

UnionPay International will, from time to time as necessary, ask the User to provide some or all materials as mentioned above.

3.3 Quick Registration

3.3.1 The User has the right to use the quick registration function. When using the quick registration function, the User is not required to submit the materials for registration specified in Clause 4.2 to the Platform.

3.3.2 The User acknowledges that it may only use part of the services on the Platform under its registered account that is obtained by using the quick registration function, which services refer to the payment and inquiry of order information.

3.3.3 If the User wishes to use all the services on the Platform, it shall conform to the qualification for registration as required in Clause 3.1 and submit the materials for registration set forth in Clause 3.2.

3.4 Account Management

3.4.1 The User may use the services on the Platform only after it has registered on the Platform and has been approved following its submission of relevant information as required by UnionPay International.

3.4.2 The User shall cautiously keep and use its username and password, and the User acknowledges that unless indicated by evidence to the contrary, any operations on the Platform following a correct entry of username and password shall be deemed as operations of the User, and the User shall be responsible for such operations. The electronic record of information formed as a result of such operations shall constitute valid evidence for the operation of business on the Platform.

3.4.3 The User shall ensure that the order information is lawful, true, accurate, and complete. When accepting an order, the User shall record relevant information, including but not limited to: the name, nationality, and contact information of each party to the transaction, the name, quantity, and unit price of the ordered products, currency used for the transaction, customs clearance documents, and other information that may trace or identify the details of the transaction. Such information shall be retained for five years for future reference.

3.4.4 The User shall not transfer, lease, or permit others to use the account registered on the Platform; in case of violation of this provision, the User shall bear all liabilities arising therefrom and be held jointly and severally liable with the actual user.

3.4.5 The User shall ensure that all information it provided is accurate and will be timely updated, and shall be liable for all consequences arising from its failure to timely update such information, including but not limited to, failure of the Platform to provide services or any error in the provision of services, or the account registered on the Platform being stolen or any capital loss, and the User shall not use such causes to cancel the transaction or not to pay the service fee or the transaction funds.

3.5 Merchant Management

3.5.1 The User shall be responsible for the management of all merchants on the e-commerce website that is owned and operated by the User (“Merchants”).

3.5.2 The User shall verify the qualification of any Merchant and require such Merchant to provide relevant materials for verification, to ensure that the information of such Merchant is true, lawful, accurate, and complete.

3.6 Reasonable Use of User Information

3.6.1 The User understands and agrees that UnionPay International has the right to provide, at the request of the competent judicial, administrative, or other authority, any registration information that was provided by the User on the Platform, any transaction records, and other necessary information, and to require the User to provide other information or materials as required by the competent authority, in which case, the User shall be obligated to cooperate and provide such information or materials.



4. Liability for Breach of Contract and Termination

4.1 If the User uses the Platform in a manner that violates applicable laws and regulations, infringes upon the rights and interests of any third party, or otherwise violates the Terms of Service, the User shall bear the relevant legal liability and indemnify UnionPay International for any losses arising therefrom, including but not limited to:

(1) Fines, damages, or compensation paid by UnionPay International within the scope specified by law due to any administrative penalty, effective judgment, or mediation;

(2) Reasonable attorney fees and necessary expenses for eliminating the negative impact that are paid by UnionPay International; and

(3) Other losses thereby suffered by UnionPay International.

4.2 Under any of the following circumstances, UnionPay International has the right to terminate the Terms of Service:

4.2.1 Upon the receipt of a notice from any competent authority or in accordance with legal or regulatory requirements, UnionPay has reasonable grounds to believe that the User or any specific transaction in relation thereto or any use of the Terms of Service may violate any applicable laws or regulations.

4.2.2 The User expressly states and gives notice to UnionPay International that the User is not willing to accept the new Terms of Service in case of any change to the Terms of Service.

4.2.3 Based on any other situation, UnionPay International has reasonable grounds to believe that the Terms of Service should be terminated.

4.3 The User agrees that after the termination of the contractual relationship between the User and UnionPay International, UnionPay International shall still have the right to:

4.3.1 Retain the User's registration information and any transaction information in accordance with applicable legal requirements.

4.3.2 Make claims against the User in accordance with the Terms of Service for any violations by the User of laws or the Terms of Service during the use of services on the Platform.

4.4 The User shall settle the relevant service fees (if any) based on the actual period of use of the Platform.



5. Contact Information

If you have any questions, comments, or suggestions about the Terms of Service, you can contact us in the following ways, and we will respond to your request within 15 business days:


Tel.: 95516

Contact address: 9/F, No. 1899 Guozhan Road, China (Shanghai) Pilot Free Trade Zone