PayBy Mobile Auto-Debit Payment Terms of Service
Last Updated: April 2, 2021
Please read these Mobile Auto-Debit Payment Terms of Service carefully
These Mobile Auto-Debit Payment Terms of Service (the “Mobile Auto-Debit Terms”) govern your (“you” or “your”, being the PayBy Account holder) use of the “Mobile Auto-Debit Payment Services”, which are the standing instructions given by you for PayBy Technology Projects L.L.C. (CN-3018388) (“PayBy”, “we”, “us” or “our”) to take automatic monthly payments from you in order to recharge your mobile or pay your monthly mobile phone bill.
By accessing or using the Mobile Auto-Debit Payment Services, you agree to be bound by these Mobile Auto-Debit Terms. The Mobile Auto-Debit Terms are supplemental to and should be read in conjunction with the PayBy Terms of Use. Any terms used in the Mobile Auto-Debit Terms but not defined shall have the meaning given to them in the PayBy Terms of Use.
We ask that you read these Mobile Auto-Debit Terms, together with the PayBy Terms of Use, thoroughly so that you properly understand your obligations and your rights in relation to the Mobile Auto-Debit Payment Services. If you have any questions regarding the use of the Mobile Auto-Debit Payment Services or these Mobile Auto-Debit Terms, please contact help@payby.com.
We can make updates to these Mobile Auto-Debit Terms at any time. We will let you know of any such changes via email, the App, or through another medium of using the Mobile Auto-Debit Payment Services. Your continued use of the Mobile Auto-Debit Payment Services will be deemed acceptance of the updated Mobile Auto-Debit Terms. However, if you do not accept the terms of the updated Mobile Auto-Debit Terms, you are no longer permitted to use the Mobile Auto-Debit Payment Services and should cancel any Mobile Auto-Debit Payment Services linked to your Account immediately.
1. MOBILE AUTO-DEBIT PAYMENT SERVICES
The Mobile Auto-Debit Payment Services comprise:
· the “Mobile Auto-Recharge Service”, which is available for du and Etisalat prepaid mobile numbers. You may activate the Mobile Auto-Recharge Service via the App and select a monthly recharge amount and payment date (which may be any date up to and including the 28th day of the month). We will then automatically recharge your mobile with the relevant amount on the monthly payment date specified by you. You may activate the Mobile Auto-Recharge Service for up to six mobile numbers linked to your Account.
· the “Mobile Auto-Payment Service”, which is available for du and Etisalat postpaid mobile numbers. You may activate the Mobile Auto-Payment Service via the App and select a monthly payment date (which may be any date up to and including the 28th day of the month). We will then take automatic payments from you to pay your mobile phone bill on the monthly payment date specified by you. You may use the Mobile Auto-Payment Service to pay your monthly mobile phone bill in full, or specify an amount to pay towards your bill each month.
If you activate a Mobile Auto-Debit Payment Service in the App, we will ask you to select a payment method. You may select your PayBy wallet, PayLater (if available to you) or a bank card stored on your Account. We will automatically debit your chosen payment method on the monthly payment date specified by you.
It is your responsibility to ensure that the information provided by you is correct and complete. We are not responsible or liable to you for any loss you may suffer (or for any form of refund) for any automatic payments executed by us with respect to a Mobile Auto-Debit Payment Service where incorrect or incomplete information has been provided by you (for example, where the mobile number provided by you is incorrect).
You may change the settings for a Mobile Auto-Debit Payment Service (including the monthly payment date, payment amount and payment method) at any time via the App. Any changes that you make to the settings for a Mobile Auto-Debit Payment Service at least one business day before a monthly payment date will take effect for that monthly payment. Any changes that you make less than one business day before a monthly payment date will apply to the following monthly payment.
2. TERMINATION AND REFUSAL OF THE MOBILE AUTO-DEBIT PAYMENT SERVICES
We may suspend or terminate the provision of any Mobile Auto-Debit Payment Service to you at any time in our sole discretion.
We shall have the right to refuse to provide a Mobile Auto-Debit Payment Service to you if your chosen payment method does not have sufficient funds or credit to meet your payment obligations. If your chosen payment method is refused for a monthly payment, that Mobile Auto-Debit Payment Service will be cancelled and you will be required to set up a new Mobile Auto-Debit Payment Service with a valid payment method. We shall have the right to impose an administrative fee for unsuccessful debit instructions in connection with a Mobile Auto-Debit Payment Service.
3. DEACTIVATION AND CANCELLATION
Unless we suspend, terminate or refuse the provision of a Mobile Auto-Debit Payment Service, we will continue to take automatic monthly payments from you in respect of that Mobile Auto-Debit Payment Service until you deactivate or cancel it.
· Deactivation: If you deactivate a Mobile Auto-Debit Payment Service, the service will be temporarily suspended. Once the deactivation takes effect, we will not take any monthly payments from you in respect of that Mobile Auto-Debit Payment Service until you reactivate it. You may deactivate or reactivate a Mobile Auto-Debit Payment Service at any time via the App.
· Cancellation: Cancelling a Mobile Auto-Debit Payment Service will permanently terminate the service. Once the cancellation takes effect, we will not take any further monthly payments from you in respect of that Mobile Auto-Debit Payment Service. You may cancel a Mobile Auto-Debit Payment Service at any time via the App.
If you deactivate or cancel a Mobile Auto-Debit Payment Service at least one business day before a monthly payment date, the deactivation or cancellation will apply to that monthly payment. If you deactivate or cancel a Mobile Auto-Debit Payment Service less than one business day before a monthly payment date, the deactivation or cancellation will apply to the following monthly payment.
4. DISPUTE RESOLUTION AND GOVERNING LAW
Unless expressly required otherwise by law, these Mobile Auto-Debit Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.
For the avoidance of doubt, the dispute resolution mechanisms in clause 16 of the PayBy Terms of Use shall apply to these Mobile Auto-Debit Terms as though incorporated herein.