PAYMENT POLICY
This Policy was prepared with the purpose of regulating access to or use of the Center Pag, LDA and Perfect Pay Inc System for transactions carried out on the Platform, between Users based in Brazil, for transactions anywhere in the world, constituting a binding contract between you, as a User, and Perfect Pay, and governs access to and use of Perfect Pay Services related to Center Pag, LDA and Perfect Pay Inc.
The company you hire to use the Platform and operate your transactions is the Brazilian company Perfect Pay Tecnologia, Serviços e Intermediações Ltda., a private law legal entity, registered with the CNPJ under no. 28.059.320/0001-36, with headquarters at Av. Marcos Penteado de Ulhôa Rodrigues, no. 939 – 8th Floor – Tower 1, Jacarandá Building, Tamboré, Barueri/SP, CEP.: 06.460-040, where transactions carried out between two Users who declare residence in Brazil, the transactions will be carried out in Reais (BRL). Other transactions carried out outside Brazil can be carried out in Euros (EUR) or in US dollars (USD). For these transactions, the processing company is Center Pag, LDA, with registered office at Rua Sá de Miranda, Lote 17 - 2º Esq. C, 2410-273 Leiria, Portugal, registration number 517171236, with registered office at Rua Sá de Miranda, Lote 17 - 2º Esq. C, 2410-273 Leiria, Portugal. If the transaction is carried out in United States dollars (USD) between Users who declare residence in the United States of America, the company that collects the amounts from Buyers is the American company Perfect Pay Inc, registered with EIN number 35-2657054, 175 SW 7TH STREET, SUITE #1515, Miami/FL, 3313.
The business model established between the User and Perfect Pay, between the User, Perfect Pay and Center Pag, LDA or Perfect Pay Inc will be that of intermediation service providers. By accepting these terms, you grant Perfect Pay, Center Pag, LDA and Perfect Pay Inc broad powers to carry out all activities necessary to maintain the established commercial relationship and compliance with these Terms and other policies.
By accepting this Policy, you declare that you know and agree with its content and with other applicable Policies, including the Privacy Policy, which are integral parts of Perfect Pay's Terms of Use.
The official language of this Policy is Portuguese (Brazil). Any version of this Policy in another language is a translation provided as a courtesy. In the event of a conflict, the Portuguese (Brazil) version shall prevail for all contracts.
1. SERVICES PROVIDED BY THE PAYMENT SYSTEM
1.1. The Center Pag, LDA and Perfect Pay Inc payment system is a Perfect Pay service that processes payment instructions made by Buyers and settles them for Users, according to the rules and procedures set forth in this Policy and in the other Terms. By offering its services in Brazil, Perfect Pay acts as a payment processor, subject to applicable laws and regulations. Together with Center Pag, LDA and Perfect Pay Inc, they act by offering the Payment Account and issuing electronic money, detailed in Section 6 below. Center Pag, LDA and Perfect Pay Inc enable the User to: (a) pay for the purchase of Products registered on the Platform, if they are a Buyer; (b) receive amounts related to the marketing of their Products, if they are a Producer or Co-producer;
1.2. The services of Perfect Pay, Center Pag, LDA and Perfect Pay Inc are not and are not intended to be comparable to the services offered by financial institutions or credit card administrators or accreditors. Center Pag, LDA and Perfect Pay Inc are merely a facilitator of payment transactions between Users of the Platform, and payment for transactions occurs on behalf of and at the order of the Users. Perfect Pay is not a financial institution and does not directly carry out credit transactions.
1.3. Transactions carried out with Products registered on the Platform may only be paid using the funds contained in the Virtual Account. To this end, the Platform may use third-party payment methods and partner companies to receive payments, pay amounts or advance receivables from transactions (such as banking institutions, credit card administrators and other credit entities). In such cases, there may be different terms and conditions that you must comply with. In the event of termination of the relationship with any Third-Party Service, some payment method(s) may cease to be offered via the Platform. Perfect Pay is not responsible for the availability, accuracy or interruption of the provision of these Third-Party Services.
1.4. Offering additional Third-Party Services: Perfect Pay may allow its partners (such as financial institutions and banking correspondents) to offer their services in addition to Perfect Pay, Center Pag, LDA and Perfect Pay Inc. Services. Also in these cases, there may be different conditions and terms that you must comply with, and Perfect Pay, Center Pag, LDA or Perfect Pay Inc will not be responsible for the availability or accuracy of the provision of these Third Party Services.
1.5. Taxes: In accordance with applicable laws, sales of Products made through the Platform may be subject to taxes. The amount of taxes charged depends on a number of factors, such as the residence of the Producer and/or Buyer, the company with which the transaction is processed and the type of Product purchased, for example. It is advisable that Users consult a tax advisor regarding the applicability of the rules mentioned here in relation to their individual circumstances.
1.6. Tax Responsibility: Since the Producer, in the Business Partnership model, sells his/her Product(s) directly to the Buyer, they are generally responsible for paying any taxes to the tax authorities. Certain countries/jurisdictions, however, have special tax laws that make Perfect Pay, Center Pag, LDA and Perfect Pay Inc, operator of the Platform, and not the Producer, possibly responsible for certain tax obligations relating to the Products sold by the User. Such laws are generally those of the Buyer's country of residence, making Perfect Pay, Center Pag, LDA or Perfect Pay Inc, as operator of the Platform, and not the Producer, responsible for the collection and payment of taxes (e.g. VAT, GST, etc.) in relation to the Product sold through the Platform. In the event that a User sells Products to Buyers domiciled in different countries, different tax obligations may apply to them. Perfect Pay, Center Pag, LDA, Perfect Pay Inc and the User may also have tax obligations with respect to the fees and rates that Perfect Pay, Center Pag, LDA and Perfect Pay Inc charge the User in exchange for the Services of Perfect Pay, Center Pag, LDA and Perfect Pay Inc.
1.6.1. Users declare that they are aware that Perfect Pay, Center Pag, LDA and Perfect Pay Inc will comply with their legal and tax responsibilities and will communicate with the competent authorities about the sale of Products on the Platform, if the sharing of such information is necessary and/or required. Perfect Pay may request additional information from Users if necessary to comply with its tax obligations, such as, but not limited to, their company name, tax identification number, address, telephone number, email address and bank account information.
1.7. Responsibility for issuing the invoice will depend on: (a) the company with which the transaction was carried out; and (b) the existence, or not, of specific laws regulating this matter.
1.7.1. It is the User's responsibility (in the Business Partnership model), in all transactions carried out through Perfect Pay Brasil, to correctly issue the invoice corresponding to the services provided to Buyers, referring to the total or partial value of the sale, as applicable. In world transactions, the invoice will be issued by Perfect Pay through the Center Pag, LDA or Perfect Pay Inc. System.
1.7.2. In general, the User/Producer shall be solely and fully responsible for charging, reporting and remitting the correct amount of tax (if any) to the tax authorities for amounts charged to Buyers for the purchase of Products. However, some countries provide for special tax laws making Center Pag, LDA, Perfect Pay Inc and/or Perfect Pay, and not the User/Producer, responsible for tax obligations related to the Products, in which case Center Pag, LDA, Perfect Pay Inc and/or Perfect Pay shall be responsible for issuing invoices in its name (and in Perfect Pay's own name, depending on the applicable laws). To this end, the Producer shall ensure the veracity of the information and be aware that the maximum term for correction of the invoices issued is 7 (seven) calendar days.
1.8. The classification of the Product on the Platform is the sole and exclusive responsibility of the User/Producer when registering the Product, and may directly impact the incidence and payment of any taxes. If Perfect Pay, Center Pag, LDA or Perfect Pay Inc are responsible for paying the taxes and fail to do so due to an incorrect classification at the time of registration by the User/Producer and the competent tax authority understands that the classification of the Product is different from that informed, Perfect Pay, Center Pag, LDA or Perfect Pay Inc will collect the tax and may request these amounts from the User, through a discount on the balance on the Platform and/or by other legal means, including any fines and interest due.
1.8.1. Any change in the Product classification made by the User after registering on the Platform will be applied prospectively and may imply changes in the incidence and responsibility for collecting these taxes. Likewise, if the tax authority's understanding is different, Perfect Pay, Center Pag, LDA and Perfect Pay Inc may collect the tax and request these amounts from the User, through a discount on the balance on the Platform and/or by other legal means.
1.8.2. Only product registrations will be accepted to be processed through the Center Pag, LDA and Perfect Pay Inc system in the categories of Infoproducts classified as courses and books, and intermediation of sales of physical products.
2. ACCESS AND USE
2.1. Once all eligibility, registration and access requirements set forth in the Perfect Pay Terms of Use have been met, at the time the User registers on the Platform, he/she agrees and requests that Perfect Pay: (a) receive the price paid by the Buyer; (b) reduce the remuneration due to Perfect Pay for the use of its resources; (c) pay the Affiliate the remuneration established by the Producer, if any; (d) make the payment of the amount due to the Coproducer, on behalf of and at the order of the Buyer; and (e) pay the remaining amount due to the User.
2.2. In addition to the actions provided for in the Terms, Perfect Pay reserves the right to use all valid means to confirm the data provided by the User to allow their use of the Platform and payment methods, if deemed necessary. Perfect Pay may also request additional data and documents that it deems relevant, such as income reports, certificates of bank account ownership and complete bank statements. Perfect Pay may also consult public or private databases and restriction databases maintained by third parties and credit restriction databases. By accepting this Policy, you authorize Perfect Pay to carry out these procedures.
2.3. Use of the Center Pag, LDA and Perfect Pay Inc System: You undertake to take all necessary precautions to prevent third parties from using your account on your behalf. You are responsible for commercial transactions, payments and financial movements made on your behalf by third parties, even without your authorization, if such third parties have access, without the exclusive fault of Perfect Pay, Center Pag, LDA or Perfect Pay Inc, to your password or other data.
2.4. Banking secrecy and data protection: In compliance with the Privacy Policy and other applicable laws, Perfect Pay cannot provide the Producer with any Buyer data related to payment transactions, operations carried out or to be carried out by Buyers on the Platform, even in the event of the Producer being excluded from the Platform. Payment data collected through Perfect Pay or Center Pag, LDA are not stored on the Platform in any way, nor may they be passed on to the Producer, who is not the Controller of this data.
3. PAYMENT PROCESSING
3.1. Center Pag, LDA and Perfect Pay Inc act exclusively as a payment system for the Platform: The payment solutions of Center Pag, LDA and Perfect Pay Inc are intended exclusively for Users of the Platform. Perfect Pay does not make any payments to Producers who do not accept the purchase processing system in euros (EUR) and/or dollars (USD) as a form of payment for the Products they offer or to any third parties. Perfect Pay also does not make payments to Users/Producers whose accounts are inactive or blocked on the Platform.
3.2. Confirmation of payment instruction: When choosing to make a payment through Center Pag, LDA or Perfect Pay Inc, the Buyer must provide all banking information requested to complete the payment. The Buyer's instruction will be considered granted irrevocably and irreversibly when Perfect Pay confirms to the Buyer the successful receipt of the data sent regarding the transaction.
3.3. Making payment through Center Pag, LDA or Perfect Pay Inc: Once Perfect Pay receives confirmation that the transaction has been approved by the participants in the payment arrangement, Perfect Pay will make the amounts due to the Producer, Co-producer and/or Affiliate available in their balance on the Platform, except in cases where Perfect Pay is authorized to suspend or cancel payments, in accordance with the Terms of Use and this Policy. Perfect Pay must also make these amounts available observing: (a) the eventual occurrence of chargebacks or refund requests and (b) the expiration of the warranty periods or exercise of the right of withdrawal by the Buyer.
3.4. Buyer's responsibility for the information provided: The Buyer is solely responsible for all acts performed in relation to the payment instruction. The Buyer must provide true, complete and accurate information. Perfect Pay is responsible for any damages, whether material or non-material, resulting from any failure, untruth or incompleteness attributable to the Buyer at the time the information relating to the payment instruction is filled out.
3.5. Responsibility of the Producer, Co-producer and Affiliate for the data provided: The Producer, Co-producer and Affiliate must provide true, complete and accurate information. The Producer and Co-producer also declare that their tax identification number in their country of residence is valid and registered at the correct tax address. Perfect Pay is not responsible for any damages, patrimonial or extra-patrimonial, resulting from any failure, untruth or incompleteness attributable to these Users at the time they fill out the information regarding Registration on the Platform.
3.6. Request for refund or return: The Buyer may formalize a refund or return request through the technical support channel (email: suporte@Perfect Pay.com.br), within the warranty or right of withdrawal period applicable to the respective transaction, in compliance with applicable legislation. The Producers and/or Co-producers will be responsible for covering all operational expenses that may arise for the return of the Products. Perfect Pay must notify the Producer and Co-producer of this, who will have 2 calendar days to respond to the complaint with justification or resolve the problem. If the Producer and/or Co-producer do not contact the Buyer within this period, Perfect Pay may fully refund the amounts paid to the Buyer, the amount of which must be deducted from the User's existing balance. In the case of physical products, cancellation resulting from the exercise of the right of withdrawal will depend on proof of return of the product, intact and in its original packaging, to the User/Producer. Only after confirmation of the return of the Product, Perfect Pay will cancel, refund and/or reimburse the purchase.
3.7. Perfect Pay's collaboration in the event of a refund request: Perfect Pay's Services regarding mediation and refunds are provided only to facilitate and monitor the process of carrying out the payment transaction between the Buyer and the Producer and/or Co-producer. Therefore, when using Center Pag, LDA or Perfect Pay Inc, you acknowledge that any payment transaction, when carried out, occurs directly between the Producer, the Co-producer and the Buyer. Perfect Pay, Center Pag, LDA and Perfect Pay Inc are not part of the supply chain of the Products purchased and cannot be considered suppliers, service providers, agents or brokers.
4. PAYMENT PROCESSING FOR FOREIGN CURRENCY TRANSACTIONS
4.1. Transactions between Users with different currencies: Center Pag, LDA and Perfect Pay Inc are an international payment system that allows the Producer and Co-producer to offer their Products to Buyers who use different payment currencies. Producers and Co-producers who wish to carry out transactions with Buyers who declare themselves domiciled in different countries may need to convert currency in order for the payment transaction to be completed, which may result in fluctuations due to exchange rate fluctuations. The rules in this Section regarding Producers and Co-producers also apply to Affiliates.
4.2. Displaying the Product price in a currency other than the offer: As a rule, the Product price displayed in a currency other than the offer will be in US dollars. To facilitate the purchasing experience through the Platform, in some cases, the Center Pag, LDA and Perfect Pay Inc system may convert the Product price to the Buyer's local currency, applying the exchange rate according to market standards. This conversion serves solely so that the Buyer can view the offer in the currency of their preference, but the currency actually used in the payment transaction must follow the rules on currency conversion mentioned in this Section.
4.2.1. Impacts on recurring payment products: When enabling this functionality in Products with recurring payments, for example, subscription products, the Producer and/or Co-producer are aware that the Perfect Pay Platform will charge the installments in the amount of the applied currency, which may be US Dollars or Euros.
4.3. Currency Conversion: Although the Platform allows Buyers to view the Product's offer price in multiple currencies, the number of currencies available for Users to make and receive payments may be limited. Therefore, the currencies available for making payment transactions may not include the local currency of a given Buyer or a given Producer and Co-Producer, which may require currency conversions. Foreign currency conversion is processed through an exchange rate based on information collected periodically from third parties.
4.4. Transactions in foreign currency: Any transaction made by a Buyer that uses a payment currency other than that stated in the Producer's and Co-producer's offer must be converted to the payment currency used by the Buyer, according to the exchange rate applicable at the time of the transaction. This rate may vary throughout the day, and may also vary between the day the payment transaction is approved and the day the amount is made available for withdrawal. Therefore, the Producer and the Co-producer may receive payments of different amounts for the sale of the same Product, depending on these variations, even if they choose to receive payments only in local currency.
4.5. Producer's option to receive in local or foreign currency: The Producer and Coproducer may choose to receive payments for their sales only in local currency or also in foreign currency. If the Producer and Coproducer choose to receive payments for their sales only in local currency, the amount to be received by the Producer and Coproducer may vary due to the exchange rate variation that occurred between the date of approval of the payment transaction and the day on which the amount is made available for withdrawal. If the Producer and Coproducer choose to also receive payments for their sales in foreign currency, Perfect Pay must credit the Producer's and Coproducer's balance with the amount in foreign currency corresponding to the conversion of the price of each sale that the Producer and Coproducer make with Buyers who use foreign currency for payment. The foreign currency exchange rate may vary between the dates of the sale and the date of the withdrawal request or use of the User's balance for purchases on the Platform, and therefore the Producer and Coproducer may receive for each sale a lower or higher amount than that announced in their offer.
4.6. Currencies used: Perfect Pay carries out payment transactions in the following currencies: (a) with the purchase currency in reais (BRL), between Users who both declare that they are domiciled in Brazil; through the Center Pag, LDA and Perfect Pay Inc System; (b) with the purchase currency in euros (EUR), between Users who both declare that they are domiciled in the European Union; or (c) with US dollars (USD) as the purchase currency, between any other Users. Perfect Pay reserves the right, at its sole discretion, to make payments in other currencies, without this being considered novation or tacit acceptance by Perfect Pay of any modification of the conditions and rules set forth in this Policy.
4.7. Accumulation and redemption of amounts: The definition of the currencies that can be used in the accumulation and redemption of amounts by Users is the exclusive decision of Perfect Pay, based on its commercial agreements and regulatory limitations.
4.7.1. Withdrawal of amounts resulting from sales made in foreign currency: When the User who declares domicile in Brazil requests, in whole or in part, the withdrawal of the balance resulting from sales made in foreign currency, the request will be provided by Perfect Pay. The amount to be withdrawn will be converted to BRL and the payment will be processed through Perfect Pay's partner companies.
4.7.2. Perfect Pay is not responsible for conversion and withdrawal transactions arising from sales made in foreign currency: Perfect Pay is not responsible for services provided by third parties in the processing of currency conversion and withdrawal. You should contact the respective processor directly in case of problems. The exchange rates used in these transactions are informed by the processor, without any participation of Perfect Pay, Center Pag, LDA or Perfect Pay Inc in this operation. Perfect Pay is not responsible for any damages, patrimonial or extra-patrimonial, resulting from third party services in the processing of currency conversion and withdrawal.
4.7.3. Impact of operating costs on the final balance: By accepting this Policy, the User declares that he/she understands and agrees that, if he/she carries out transactions in foreign currency, the final balance to be redeemed from the amounts resulting from his/her sales may be impacted by causes beyond the responsibility and control of Perfect Pay, such as, for example, the applicable daily exchange rate, the exchange rate variation between the dates of sales and withdrawals, the currencies involved in the processing, the exchange rules of institutions (financial or otherwise), taxes or fees charged by third parties. Perfect Pay is not responsible for any damages, whether material or non-material, resulting from these causes.
5. FEES FOR USING CENTER PAG, LDA AND PERFECT PAY INC.
5.1. FEES: The use of Center Pag, LDA or Perfect Pay Inc resources and the Platform by the Producer or Co-producer is subject to the payment of two fees: the License Fee and the Service Fee. They are charged only at the time of the sale of the Products, at the time the transaction is approved, considering the total final amount charged by the Producer or Co-producer. These fees are charged cumulatively, according to the following amounts, but may vary according to the percentage due to the Producer or Co-producer.
5.2. License Fee: This is a fixed amount, applicable according to the purchase currency used by the Buyer in the transaction, as per the values indicated in Table 1 below:
Table 1 - License Fee
Coin |
Value |
BRL | R$ 1,00 |
USD | US$ 0,50 |
EUR | € 0,50 |
5.3. Service Fee: The Service Fee is 9.9% (nine point nine percent) of the sale price of the Product.
5.5. Basis for calculating the Service Fee: In any of the cases provided for above, the Service Fee will be applied to the final amount charged by the Producer or Co-producer to each Buyer, already considering the conversion of the offer price into the purchase currency used by the Buyer. The Receivables Advance Fee, available to Users domiciled in Brazil, is not included in the basis for calculating the Service Fee.
5.6. Receivables Advance Fee: In transactions carried out exclusively between Users domiciled in Brazil, the Producer or Co-producer will receive advance payment, in accordance with the Perfect Pay Terms of Use, Section 5.
5.7. Costs Applicable to the Affiliate and the Buyer: The services of Center Pag, LDA and PerfecPay Inc are free for access and use by Buyers and Affiliates. However, charges may be incurred due to financial transactions carried out by these Users, such as the advance of receivables by Affiliates, if applicable, or the installment payment or use of different payment methods by Buyers.
5.8. Changes to Rates and Fees: The Rates and fees mentioned in this Section, their respective payment types, payment methods and billing may be changed at any time, at the sole discretion of Perfect Pay, Center Pag, LDA or Perfect Pay Inc, upon prior notice to Users.
5.9. Authorization of Account Discounts: The User is aware of and authorizes Perfect Pay, Center Pag, LDA and Perfect Pay Inc to debit from his/her Payment Account the License and Service Fees, as well as amounts for chargebacks, refunds, fines applied by brands, and taxes or fees or charges levied on the operation that apply to Account movements.
6. PAYMENT ACCOUNT FOR TRANSACTIONS IN REAIS BETWEEN USERS WITH DECLARED DOMICILE IN BRAZIL
6.1. Payment transactions in reais, between users with declared domicile in Brazil, are subject to the Perfect Pay Terms of Use.
6.2. Upon definitive departure from Brazil: when the User ceases to be a tax resident in Brazil, he/she must notify Perfect Pay immediately, requesting a change to his/her registration data. Consequently, the Payment Account will be closed, since it is only available to Users domiciled in Brazil.
6.3. Inactivity Administration Fee: Perfect Pay, Center Pag, LDA and Perfect Pay Inc may, at their sole discretion, charge a monthly fee for inactive account administration, equivalent to R$10.00 or 5% of the balance in the User's Payment Account, whichever is greater. This fee may be charged on the total balance of the inactive account at the end of each month and will not be charged in cases of an account with no balance or a negative balance. For the purposes of this fee, an account is considered inactive if, in a period exceeding 12 (twelve) months, the User, cumulatively: (a) does not make any withdrawals, provided that there are funds available; (b) does not create any Products; and (c) does not release any links.