Client acceptance and use policy

Introductory remarks

The NEC PAY Payment System gives clients the ability to accept NEC PAY e-currency and other supported payment methods for online businesses. Supported payment methods may additionally impose specific requirements and restrictions on the business type as well as client acceptance. The relevant requirements are mentioned on the payment method activation pages.

At NEC PAY we are guided by a value system focused on building, creating, and furthering relationships with clients who do business with trust, transparency, and integrity. Only clients who comply with this policy and the guidelines reflected below (or elsewhere on the NEC PAY website, as amended from time to time) will be approved.

These guidelines will be updated periodically. In addition, where a client is already approved, NEC PAY retains the right to suspend or withhold service if the client no longer meets the required criteria, as may be determined from time to time.

As a client, you agree to act in a manner compliant with the terms and conditions of the agreement you enter with NEC PAY. You also acknowledge and agree that it is your sole responsibility to comply with all applicable laws in using NEC PAY services. You further agree that you must adhere to this Client Acceptance & Use Policy.

Limitation of liability

By signing up with NEC PAY Service and becoming a Registered Client with NEC PAY (provided that you have signed all required documents such as the Merchant/Client Application Form and Merchant/Client Agreement, and have accepted all other terms and conditions and NEC PAY Legal Agreements and Policies posted online on the NEC PAY website), you agree to abide by this policy and acknowledge that NEC PAY is solely providing a payment service. Accordingly, you agree that NEC PAY shall not be liable for:

  • Any validation provided by NEC PAY not being acted upon by a participating client for any reason;
  • Any delay or failure to carry out NEC PAY's obligations arising from maintenance or upgrade of the system, system failure, or events beyond our reasonable control;
  • Any loss or damage (including direct, indirect, or consequential loss or damage, or loss of profits, business, revenue, or opportunity) arising from any delay or failure to carry out NEC PAY's obligations under this policy.

Termination and indemnity

We may block or terminate the account and the contract with any client if we suspect fraud or misuse of NEC PAY e-payments, have other security concerns, or need to do so to comply with the law, subject to the relevant clauses of the NEC PAY Terms & Conditions of Services and other applicable legal agreements and policies posted online on the NEC PAY website.

Subject to any other provision in any other legal agreement posted online on the NEC PAY website, you hereby indemnify and agree to hold NEC PAY harmless from and against all losses, demands, claims, damages, expenses (including reasonable legal costs), and liabilities arising from any third-party claim resulting from your use or misuse of the NEC PAY payment system, or from your breach of this policy.

Requirements for merchant approval

The NEC PAY Service will not approve a merchant if:

  1. The website or activity is deemed oriented to any sensitive or negative subjects listed in the “Restricted Business Categories” below, or is related to restricted/prohibited activities as per applicable NEC PAY legal agreements and policies.
  2. The merchant has not provided all required KYC (Know Your Customer) information to the complete satisfaction of NEC PAY (see also the Privacy Policy).
  3. The merchant has not obtained all rights, licenses, permits, and authorizations necessary to operate the business and comply with relevant laws and regulations. For gaming merchants, this includes a valid gambling license issued by a recognized authority. Companies must submit (at minimum) company registration documents (Certificate of Incorporation), company statutes (Memorandum & Articles of Association), and corporate certificates regarding directorship and shareholding structure.
  4. There is significant derogatory background information about the merchant and/or associated persons (directors, employees, partners, principals, shareholders, etc.). NEC PAY may request information from appropriate sources including credit reports, trade and bank references, criminal records, PEP, OFAC and other sanctions databases, and relevant financial/tax documentation.
  5. A valid URL is not linked to a working website or does not exist prior to activation. The URL must link directly to web pages containing information about the merchant’s services or products. Redirects through/to other domains than the one specified in the NEC PAY merchant account settings will not be accepted.
  6. NEC PAY is not given full and unfettered access to the merchant’s website at any time as reasonably determined by NEC PAY.
  7. In NEC PAY’s sole opinion, the merchant makes false, confusing, or misleading statements, fails to disclose material facts, or misrepresents any aspect of its programs, products, or services.
  8. The required procedures and controls (including AML/CTF controls) are not implemented.

Compliance

The NEC PAY Compliance Department will, on an ad hoc basis, review live clients to monitor compliance with the above guidelines. NEC PAY may suspend or terminate a non-complying merchant subject to the terms of the relevant agreement(s) and incorporated legal agreements and policies posted online on the NEC PAY website.

A client must not be involved in or associated with any activities or materials which may infringe, dilute, denigrate, or impair the goodwill and/or reputation of the NEC PAY brand.

Restricted business categories

NEC PAY does not allow (and you agree not to use NEC PAY services for) activities that violate any law, regulation, directive, act, or decree. NEC PAY will not knowingly approve merchants associated directly or indirectly with the following products or services:

a) “Shell banks”: a bank with no physical presence in the country in which it is incorporated and licensed, and which is unaffiliated with a regulated financial group subject to effective consolidated supervision. Physical presence means meaningful mind and management within a country; the existence of a local agent or low-level staff does not constitute physical presence;

b) Services to shell companies/entities with characteristics:

  • No physical presence or operations in its country of incorporation/registration (other than a mailing address);
  • No established economic activity in its country of incorporation/registration, little to no independent economic value, and no documentary proof to the contrary;
  • Registered in a jurisdiction where independently audited financial statements are not required, and does not voluntarily prepare audited financial statements by qualified, licensed/regulated professionals;
  • Has tax residence in an EU/OECD listed non-cooperative jurisdiction for tax purposes, or has no tax residence.

c) Any person or organization on the list of Designated Nationals and Blocked Persons maintained by the U.S. Office of Foreign Assets Control (OFAC), or subject to EU/UN financial sanctions;

d) Financial institutions registered outside the EU;

e) Crypto-assets, virtual currencies, and virtual assets;

f) Stolen goods;

g) Narcotics and drug paraphernalia;

h) Steroids, controlled substances, and other products that pose a threat to consumer safety;

i) Gas & oil traders with no physical presence or unclear business presence;

j) Items infringing patents or violating trademarks, copyright, rights of publicity/privacy, or other proprietary rights under any applicable law;

k) Sexually oriented material or services of an offensive nature;

l) Weapons or knives regulated under jurisdictional laws, embargoes, and international export/import controls, including firearms, ammunition, and prohibited accessories;

m) Items that endorse, enable, or tutor persons to engage in illegal activities;

n) Content promoting racial intolerance, hate, or discrimination;

o) Anything enabling financial gain from crime;

p) Ponzi schemes or similar schemes promising quick profits;

q) Certain multi-level marketing programs;

r) Money orders and sale of traveler’s cheques;

s) Corruption and bribery-related activities;

t) Lottery contracts and annuities;

u) Antiques and lombard.

The company has the right, as per the terms and conditions of the agreement, to prohibit any transaction it deems potentially fraudulent, illegal, or illicit.

The merchant acknowledges that they have read and understood the requirements, terms and conditions, and legal agreements for using NEC PAY electronic payment services (as posted online and amended from time to time), accept them, and agree to incorporate them into the business.

The merchant agrees to promptly notify NEC PAY of any changes in status, type, category, or other information related to the business.

Approval requiring activities

Certain services may not be prohibited but, due to their higher risk nature, require NEC PAY’s approval before NEC PAY accepts any payment transactions related to such services:

  • Trusts and foundations;
  • Licensed/supervised gambling and betting (including online);
  • Client accounts in the name of third persons;
  • Clients registered in high-risk third countries;
  • Collection of donations from charities or other non-profits;
  • Sale of alcohol;
  • Tobacco products, cigarettes and e-cigarettes;
  • Pharmaceutical products, prescription drugs and medical devices;
  • Sale of jewelry or dealing in precious stones/metals;
  • Selling stored value cards and vouchers;
  • Provision of escrow and companion services;
  • Transferable securities (including forex contracts) and other investment instruments, including interests in private entities or properties;
  • Crowdfunding investments;
  • File sharing and peer-to-peer transfers;
  • Newsgroups access;
  • Airline/chartered flight/corporate jet (scheduled or unscheduled) or other non-cargo air flight activities.

Prohibited jurisdictions

One of the pillars of EU legislation to combat money laundering and terrorist financing is Directive (EU) 2015/849. Under this framework, banks and other gatekeepers are required to apply enhanced vigilance in business relationships and transactions involving high-risk third countries, including additional checks and control measures.

European and local regulations define jurisdictions with strategic deficiencies in AML/CTF frameworks, critical levels of public sector corruption, and non-cooperative tax jurisdictions—all of which pose risks to the international financial system.

To prevent ML/TF risks, NEC PAY will not establish relationships with clients residing or registered in high-risk third countries, nor accept payments to and from such countries.

List of high-risk countries in accordance with EU

https://ec.europa.eu/info/business-economy-euro/banking-and-finance/financial-supervision-and-risk-management/anti-money-laundering-and-counter-terrorist-financing/eu-policy-high-risk-third-countries_en

Reporting of violations / enquiries

NEC PAY encourages clients to report any potential violations of this policy immediately. For reporting or other compliance-related queries, email compliance@necpay.eu.