Spark User Agreement
This agreement sets out the rights and obligations of both Spark and the Client when using our service.
By using Spark you agree that you have read, understood and accepted these Terms. You acknowledge and agree that you will be bound by and will comply with these Terms as updated and amended from time to time.
If you do not understand and accept these Terms in their entirety, you should not use Spark or access the platform or service.
Spark is a company registered in England and Wales under the name SPARK INDUSTRIES LTD with company number 14630436 and its registered office at 34 High Street High Street, Second Floor Left Hand Side, Yarm, England, TS15 9AE (The ‘Company’).
‘The Client’ refers to any individual or entity that accesses or uses the Spark platform in any manner. This includes but is not limited to utilising any services offered or creating an account.
Overview
Spark agrees to provide services to assist the client with processing payments using blockchain technology.
The client agrees to pay fees at the rate of 1% of transaction volume within 30 days of receiving a valid invoice from Spark. Other payment rates may be agreed with the Company in writing, and such side agreements supersede the 1% rate.
Schedules
1. Services
The Company agrees to provide the following services to the Client:
Support the processing of payments for the Client's sales via the blockchain.
Provide the Client with a secure service.
Assist the Client with integrating its platform with the Company's payment infrastructure.
2. Client Obligations
The Client agrees to the following obligations:
Comply with all applicable laws and regulations related to their sales.
Refrain from using the services in a manner that could result in violation of anti-money laundering, counter-terrorist financing, and similar legal and regulatory obligations.
Promptly respond to any inquiries or requests for information from the Company as necessary for providing the services or administration and invoicing.
Company Obligations
The Company agrees to the following obligations:
Provide the Client with a secure and stable platform for facilitating crypto payments via the blockchain.
To ensure that customer payments go to the client’s specified wallet. (Note - Spark will never take possession of customer or client funds.)
Provide the Client with timely and accurate transaction data as requested.
Promptly address any issues or concerns raised by the Client.
4. Term and Termination
This Agreement shall commence when the Client begins using the Companies platform and shall continue indefinitely unless terminated as provided herein.
Either party may terminate this Agreement upon 10 days' written notice to the other party.
This Agreement may also be terminated immediately by either party if the other party materially breaches any of its obligations under this Agreement and fails to cure such breach within 3 days of written notice thereof.
5. Limitation of Liability
5.1 In no event shall either party be liable to the other party for any indirect, incidental, consequential, special, or exemplary damages, including, but not limited to, loss of profits, loss of data, or business interruption, arising out of or in connection with this agreement, even if such party has been advised of the possibility of such damages.
6. Indemnification
6.1 Each party shall indemnify, defend, and hold harmless the other party from and against any and all losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with any claim, demand, action, or proceeding brought against such other party to the extent caused by the indemnifying party's breach of this Agreement or its negligence or willful misconduct.
7. Governing Law
7.1 This Agreement shall be governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of laws principles.
8. Entire Agreement
8.1 This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications, representations, or agreements, whether oral or written.
9. Amendments
9.1 This Agreement may be amended only by a writing signed by both parties.
9.2 Spark may revise the fee at any time but will provide at least 30 days notice before any such revisions become applicable.
10. Severability
10.1 If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck from this Agreement and the remaining provisions shall remain in full force and effect.
11. Force Majeure
11.1 Neither party shall be liable for any delay or failure in performance of its obligations under this Agreement if such delay or failure is caused by an event beyond its reasonable control, including, but not limited to, acts of God, war, terrorism, labor strikes, or governmental regulations.
12 Customer Transactions
12.1 The Client may only use the Services for legitimate transactions. Spark is not responsible for the products or services that the Client promotes or sells. The Client is solely responsible for the quality of products and services that they provide and for any and all customer support relating to their products.
13 Promotion
13.1 The client acknowledges and agrees that Spark can publicise its provision of services to the client and or refer to the merchant as a user of the services in public or press announcements. However, any usage of the clients logo shall be subject to the client’s prior written consent.