Terms & Conditions

Scope of Application

• These General Terms and Conditions shall apply to all contracts entered
  between FidyPay and a CLIENT for services to be rendered by FidyPay, unless otherwise provided for an
  individual agreement.
• These provisions shall apply exclusively to business transactions with
  companies.
• The contract shall be formed with the inclusion of these General Terms and
  Conditions.
• These General Terms and Conditions shall apply exclusively. Contrary or
  varying terms and conditions of a CLIENT shall not be part of the contract and not be recognized unless
  FidyPay has expressly consented to their application. This shall also apply if FidyPay performs its
  services without reservation knowing of the contrary or varying terms and conditions of the contracting
  partner.

Scopes of Services, Rendering of Services

• Type, content and scope of services to be rendered by FidyPay are set
  forth in the contract and the specifications of service and/or product by FidyPay underlying the
  respective contract.
• In case of doubt, statements by employees of FidyPay or third parties as
  well as advertising statements shall only constitute a claim of the owed performance only if they have
  been confirmed in writing by FidyPay. In case of doubt, statements regarding the quality of the
  contractual services shall constitute a guarantee only if they have been expressly designated as such.
• FidyPay shall be authorized to change and adjust the content of its
  services, in particular of software made available within the scope of technological, user interface or
  content enhancements, provided that the agreed functionalities are not restricted or impaired.
• The Parties have agreed that FidyPay shall be entitled to subcontract the
  development of the contracted Payment-Systems in parts and/or the adjustment of software components of
  which the contractual Payment-Systems are composed of or are connected to, to third parties providing
  commissioned development work and which do not perform payment services, without being obliged to inform
  the CLIENT.
  

  However, FidyPay shall only subcontract the development of the contracted Payment Systems in parts
  and/or the adjustment of software components of which the contractual Payment Systems are composed of or
  are connected to, to third parties, if the CLIENT’s interests in regard to security and confidentiality
  are safeguarded to the customary industry standard extent.

  Provided FidyPay safeguards CLIENT’s well-understood interests, FidyPay may assign contractual duties
  or specific tasks to its group without previous consent by CLIENT; in particular, such group companies
  are not third parties but part of FidyPay for the purpose of subcontracting development tasks. However,
  in all these cases FidyPay shall remain responsible to CLIENT for fulfilling the respective contractual
  duties.

Payment Terms

• All fees and other invoice items are invoiced by FidyPay at the end of the
  calendar month for the expired calendar month.
• An expense-dependent compensation will be calculated by FidyPay based on
  the payment transaction data and Fraud Control operations determined by FidyPay and shall be invoiced at
  the end of the month for the current month.
• CLIENT shall pay the invoice amounts due immediately after receipt of the
  invoice without discount to the account stated in the invoice.
• CLIENT must notify FidyPay in writing within six (6) weeks after the
  receipt of the invoice of any objections to such (“Objection Period”). After the expiration of the
  Objection Period, the invoice shall be deemed approved by CLIENT. On the invoice, FidyPay shall refer to
  the Objection Period and to the consequences of belated objections.
• The general rule shall be: Offsets against accounts receivable of FidyPay
  are only allowed against uncontested or finally adjudicated counterclaims. In case of the existence of
  defects, CLIENT is only entitled to withhold payment to the extent the withheld amount does not exceed the
  lower of the value of the service affected by the defect or the expected.
• In case of transaction failure Refund will be made to customers account
  within 15 days from the date of transaction. Mode of Refund will be in the same account from which it is
  being charged.

Late Payments

• If CLIENT is in default with payment of two consecutive monthly invoices,
  FidyPay shall be entitled to block access to the performances that are subject of the contract. CLIENT
  shall in this case continue to be obligated to pay the agreed, use-independent compensation.
• If CLIENT has been in default
• for two consecutive months with the payment of the respective monthly
  invoices or
• within a period that extends over more than two months with the payment
  of compensation in an amount that reaches the agreed use-independent compensation for two months FidyPay
  shall be entitled to terminate the contract without prior notice and to demand immediate payment of
  lump-sum damages in an amount of twice the remaining use-independent compensation for the remaining
  regular contract term. The damage amount shall be higher or lower depending on whether FidyPay proves
  higher or CLIENT proves lower damages. FidyPay reserves the right to assert additional damages for
  default.

Payment Terms

• All fees and other invoice items are invoiced by FidyPay at the end of the
  calendar month for the expired calendar month.
• An expense-dependent compensation will be calculated by FidyPay based on
  the payment transaction data and Fraud Control operations determined by FidyPay and shall be invoiced at
  the end of the month for the current month.
• CLIENT shall pay the invoice amounts due immediately after receipt of the
  invoice without discount to the account stated in the invoice.
• CLIENT must notify FidyPay in writing within six (6) weeks after the
  receipt of the invoice of any objections to such (“Objection Period”). After the expiration of the
  Objection Period, the invoice shall be deemed approved by CLIENT. On the invoice, FidyPay shall refer to
  the Objection Period and to the consequences of belated objections.
• The general rule shall be: Offsets against accounts receivable of FidyPay
  are only allowed against uncontested or finally adjudicated counterclaims. In case of the existence of
  defects, CLIENT is only entitled to withhold payment to the extent the withheld amount does not exceed the
  lower of the value of the service affected by the defect or the expected.
• In case of transaction failure Refund will be made to customers account
  within 15 days from the date of transaction. Mode of Refund will be in the same account from which it is
  being charged.

Cancellation & Return Policy

• Operators may change their cancellation policy at any time.
• Service tax amount wont be refunded back to the customers.
• Please read the cancellation terms provided while booking the ticket
  against
  each travel operator.
• If the customer cancels the bus booking, FidyPay will refund the purchase
  price
  after deducting the discount amount, and any other applicable bank and cancellation charges / penalty.
• Refunds processed for cancelled tickets will be transferred to the
  passenger’s
  bank account, debit / credit card.
• Any refunds can happen within 3 to 7 working days.
• Please note that the cancellation fee and cancellation period may differ
  from
  one bus operator to another.
• No refund will be processed for No-Show Passengers (Passenger who do not
  report
  at the boarding point on time).
• Cancellation charges are applicable on Original fare but not on the
  Discounted
  Fare.Cancellation includes payment gateway charges also
• Operator may cancel the ticket at any time.If the service was
  cancelled,Passenger will be getting full refund.
• Ticket cancellation can either be requested online or by phone at +91
  85275
  93989
• Partial cancellation is not allowed.
• For example: If customer book 3 seats as x,y,z in one ticket then He/she
  are not
  allowed to cancel single seat that may be x or y or z. customer is only allowed
  to cancel total ticket associated with all seats.

NOTE : By using our services, you are agreeing to all of the terms and conditions
listed on
the website.

Terms and(of) Termination

• The contract shall become effective upon its signing and shall have the
  contractually agreed term.
• The possibility to terminate for cause shall remain unaffected. Cause
  exists if
  in view of all the circumstances of the individual case and weighing the interests of both parties the
  continuation of the contractual relationship until the end of the agreed term is unreasonable. Each party
  shall
  be entitled to terminate for cause in particular if:
• The other party is or will be unable to pay or is over indebted, if
  insolvency
  proceedings have been instituted against it and have not be denied as unfounded or insolvency
  proceedings have
  been denied for lack of assets
• The other party is in gross violation of contractual obligations and
  does not
  remedy the violation upon written request within a timeframe designated in the Agreement, or where none
  is
  stated, then within a reasonable period. A warning setting a deadline is not required if the
  continuation of
  the contract is unreasonable on account of the severity of the violation, if no success can be expected
  or the
  immediate termination appears justified weighing the mutual interests.

Grant of Rights

• FidyPay shall be entitled to USE all use, know-how and other protected
  rights to
  the contract services. For the term of this contract FidyPay grants CLIENT a restricted, non-exclusive,
  non-transferable user right to the extent the user right is required for the agreed use of the services.
  In this
  context, the CLIENT is also entitled to grant the necessary options of use to its clients.

Duties and Responsibilities of CLIENTs

• CLIENT shall be responsible that the prerequisites for rendering the
  services
  and the maintenance and monitoring of the services by FidyPay set forth in the specifications of service
  or
  product are met.
• CLIENT shall be obligated to properly co-operate in the rendering of the
  contractually agreed services. In this context the special situation of software and IT services and
  projects
  must be considered, which in view of their regular high complexity and CLIENT focus require close and
  trusting
  co-operation between the contracting parties. The co-operation of CLIENT is therefore a material contract
  obligation. CLIENT shall provide all necessary pre-requisites for the rendering of the services by FidyPay
  that
  have been agreed on or that are within its sphere of influence.
• Without being requested to do so and in a timely manner CLIENT shall
  notify
  FidyPay of all circumstances and events, which are relevant for the rendering of the agreed services.
• CLIENT shall be exclusively responsible that the services offered by him
  comply
  with the applicable laws and other applicable provisions.
• CLIENT shall take appropriate measures to prevent that his contract
  partners, in
  particular retailers, DO NOT abuse the services rendered by FidyPay for criminal purposes. CLIENT shall
  ensure
  that a contract partner shall not use the services rendered by FidyPay for illegal transactions, such as
• Money laundering or tax evasion.
• Handling of transactions requiring a permit without the corresponding
  permit.
• Distribution of child pornography.
• Distribution of medication or medical products that have not been
  accredited.
• In case claims are asserted by third parties against FidyPay and these
  claims
  are caused by a violation of duties of CLIENT, CLIENT shall hold FidyPay harmless from these claims and
  reimburse FidyPay for all damages incurred in connection with this including statutory – and if there is
  no
  statutory provision – market standard attorneys’ fees.

Availability of Service

• FidyPay warrants the contractually agreed availability of service.
  However, this
  does not constitute a respective guarantee.
• Pre-requisite for CLIENT’s claims in case of availability downtimes is
  always
  that CLIENT immediately notifies FidyPay of the downtime and – to the extent possible and reasonable – has
  documented this in an understandable manner so that FidyPay can check the cause of the respective
  downtime.
• FidyPay is not liable for availability downtimes caused by force majeure.
  Theft,
  general Internet downtimes or other circumstances shall be treated as force majeure, if they are
  unforeseeable,
  severe and have not been caused by any fault of FidyPay. FidyPay shall, if this is possible and reasonable
  under
  the circumstances, immediately notify CLIENT about the occurrence of such an event. FidyPay shall do
  everything
  within its control to achieve a fast removal of such downtimes.
• FidyPay shall not be liable for any availability downtimes caused by
  CLIENT, the
  telecommunication service provider, the access provider or the mobile phone provider of CLIENT or which
  are
  otherwise attributable to third parties within the sphere of CLIENT.

Warranty

• FidyPay warrants that the services owed comply with the requirements
  described
  in the contract and the underlying specifications of services and/or product. In addition, FidyPay
  warrants that
  the services are connected to the Internet. In these Terms and Conditions, a warranty comprises the rights
  subject to “Warranty” according to Indian Law. In particular, no compensation for damages may be claimed
  without
  FidyPay’s fault, unless otherwise stipulated or provided for by Indian Law.
• If the services owed by FidyPay deviate from those provided for in the
  contract,
  CLIENT shall immediately notify FidyPay of the defect with a detailed description of the defect and the
  circumstances under which it appeared. CLIENT shall, if possible, prepare and provide a screenshot of
  error
  reports and/or of the appearance of the defect to FidyPay. FidyPay shall remove the defect without undue
  delay.
  CLIENT shall use his best efforts in supporting FidyPay in such cases.

Confidentiality

• The Parties to this Agreement shall treat confidential and shall neither
  exploit
  nor use nor make available to any third party without the disclosing Party’s prior written consent any
  information disclosed to the Party by the respective other Party under this Agreement as well as any data
  or
  know-how that it has received in the course of the Agreement’s execution about any matter – for example of
  technical, commercial or organizational nature, e.g. interfaces, computer programs and personal data –
  (jointly
  referred to as “Information”). The respective receiving Party shall in particular use the Information
  solely for
  the purposes of the Agreement’s execution and disclose the Information only to its employees, affiliates,
  affiliate’s employees, consultants or Agents that need to know the Information for the execution of the
  contractual duties, provided that these further recipients are bound by the receiving Party to maintain
  the
  secrecy of the Information to the same extent. This confidentially obligation does not apply to
  information,
  which
• are shown to be generally known without violation of this
  confidentiality
  obligation
• have been known to the parties before receipt of the information,
  knowledge
  and experiences,
• been received from a third party without any obligation to
  confidentiality or
• are shown to have been independently developed.
• No confidentiality obligation shall apply if and to the extent that
  information
  is required to be disclosed due to
• obligatory statutory provisions,
• final court or administrative order or
• business usual requirements during due diligence procedures.
  If such a request by a third party specifically seeks disclosure of the other Party’s information, the
  first
  Party shall make reasonable efforts (wherein permitted) to inform the other Party without undue delay of
  such
  request and allow it to defend itself against such disclosure.
• The party relying on the above exceptions carries the burden of proof that
  the
  corresponding requirements are met.

Liability

• The provisions below shall only apply to the extent that no differing
  liability
  regime has been agreed between the parties in the contract.
• The further liability of FidyPay for damage claims is restricted in
  accordance
  with the following provisions unless a guarantee assumed by FidyPay provides otherwise:
• FidyPay and FidyPay’s Agents are only liable for slight negligence if
  the
  damages have been caused by the violation of a material contract obliga-tion (cardinal duties). Cardinal
  duties are such contractual obligations whose performance is required for the proper implementation of
  the
  contract and upon whose compliance CLIENT could rely. To the extent FidyPay is liable for slight
  negligence,
  its liability is restricted to the typically foreseeable direct damages.
• FidyPay is only liable for slight negligence if the damages have been
  caused
  by the violation of a material contract obligation (cardinal duties). Cardinal duties are such
  contractual
  obligations whose performance is required for the proper implementation of the contract and upon whose
  compliance CLIENT could rely. To the extent FidyPay is liable for slight negligence, its liability is
  restricted to the typically foreseeable direct damages.
• The liability of FidyPay for damages caused by loss of data and/or
  programs
  lost by slight negligence is limited to the typical cost of restoration, which would have been incurred
  in
  case of regular and appropriate data backup by CLIENT.
• The provisions of the above paragraph apply correspondingly to the
  limitation of
  damages for unsuccessful expenses.
• The above liability restrictions shall also apply in favor of Agents of
  FidyPay.

Cooperation of Parties

• The parties shall cooperate in the implementation of this contract in the
  spirit
  of trust.
• Nothing in the contract shall constitute, nor be construed as creating a
  partnership, joint venture or agency relationship be-tween the Parties. Neither Party shall have the
  authority
  to act on behalf of the other without prior written consent of the other Party.
• The Parties shall act in mutual consideration. They shall inform each
  other
  unrequested and in a timely manner about any circumstances and events coming to their knowledge having
  significance for the cooperation contemplated hereunder.

Support on Termination

• In the event of the termination of the contractual relationship,
  regardless
  which Party gives notice of the termination – excluding the extraordinary termination of the contract for
  cause
  by FidyPay – and in all cases of consensual termination of the contract, FidyPay shall support the CLIENT
  to
  reasonable extent with services and supporting measures, to enable the CLIENT to have the contractual
  payment
  system operated by a third party. Especially, FidyPay shall submit to a third party all data necessary for
  this
  purpose and at FidyPay’s hand within four weeks after notification of the termination, if such third party
  disposes of a server environment that is certified according to PCI-standard and fulfills all additional
  legal
  and regulatory requirements for the data transfer. Pre-requisite for the data transfer is that the CLIENT
  submits to FidyPay the following information and documents: Name and contact data of the new operator,
  proof of
  its valid PCI-certification, detailed information, which data are required (“columns” of the .csv file).
  FidyPay
  will make efforts that the data, being transferred from its own software platform to the software platform
  of
  the third party, are compatible to the structure of data of a third party’s software platform. FidyPay
  shall
  submit the data in .csv format.
• The CLIENT shall compensate the services performed by FidyPay within this
  context on a time and expense dependent basis, based on a flat hourly rate of $150.00, VAT excluded.
• FidyPay’s obligation to support the CLIENT pursuant to para. 1 expires, if
  the
  CLIENT does not name a third company complying with the requirements of para. 1 to which the data shall be
  submitted at the latest two weeks prior to the ending of the contract or, in the event of a justified
  extraordinary termination by the CLIENT, at the latest four weeks after receipt of the extraordinary
  termination.

Modifications of these General Terms and Conditions

• Modifications of these Conditions shall be notified to the CLIENT in text
  form
  and any differences in regard to the version previously in force shall be particularly highlighted. The
  CLIENT
  may object to such modifications according to sect. 14.2
• The CLIENT’s objection according to sect. 14.1 shall be directed to
  FidyPay via
  email to the address care@fidypay.com or in the written form and
  within 4
  weeks after reception of FidyPay’s notification concerning the Condition’s modification (hereinafter ,
  Modifications). To comply with the time limit, the objection must be received by FidyPay within the time
  limit.
  If the CLIENT does not object in due form and time, the Modifications shall be deemed accepted and the
  modified
  Conditions shall become integral part of the contract. FidyPay Modification notice will expressly refer to
  this
  and to the form and term of the objection. In the event of an objection in due form and time, the contract
  will
  remain in force in its unaltered version. In this case, FidyPay may terminate the contract for cause with
  a
  period of four weeks with a written notice to the CLIENT, if for FidyPay the adherence to the unmodified
  contract is economically or technically impossible or cannot reasonably be expected.