User Agreement

1. FortPay Accounts

• Registration: Users must register an account, providing accurate, complete, and current information.
• Account Eligibility: You must be at least 18 years old and legally capable of entering into binding contracts to use the Platform.
• Account Profile: Users are responsible for maintaining the confidentiality of their login credentials and notifying FortPay of any unauthorized use.
• Account Types: FortPay offers different account types tailored to individual and business needs.
• Account Permissions: Users must use their accounts in accordance with these Terms and any additional permissions provided.
• Identity Verification: Users agree to comply with FortPay’s identity verification process to enhance security and compliance.
• Usernames and Passwords: Users are responsible for safeguarding their account credentials and updating them as necessary.

2. Purpose of FortPay

• Relationship with FortPay: FortPay acts as a neutral intermediary providing escrow services for transactions. We do not represent either party in a transaction.
• Taxes and Benefits: Users are responsible for any taxes or benefits applicable to their transactions.

3. Contractual Relationship Between Buyer and Seller

• Service Contracts: FortPay facilitates the creation and execution of agreements between buyers and sellers. The parties are solely responsible for defining their terms.
• Disputes Among Users: FortPay provides support to help resolve disputes but does not guarantee resolution.
• Confidential Information: Users agree to protect each other’s confidential information and only use it for the purposes agreed upon.

4. User Obligations

• Prohibited Activities: Users shall not use the Platform for illegal or fraudulent activities or violate intellectual property rights.
• Compliance: Users must comply with all applicable laws and regulations.

5. FortPay Fees

• Fees for Sellers: Sellers may be charged fees based on the transaction. The fee structure will be disclosed on the Platform.
• Buyer Fees: Buyers may also be charged fees based on their use of the escrow services.
• VAT and Other Taxes: All applicable taxes will be included in the transaction fees, where required by law.
• Fee Options: Users may agree on one of three fee arrangements:
  • Buyer handles the fee.
  • Seller handles the fee.
  • Buyer and Seller split the fee 50/50.

6. Payment Terms and Escrow Services

• Escrow Services: FortPay holds funds securely until the agreed-upon terms are fulfilled by both parties.
• Buyer Payments on Service Contracts: Buyers must ensure timely payment for agreed services.
• Disbursements to Sellers on Service Contracts: Sellers will receive funds once all obligations are verified as fulfilled.
• Non-Payment: Failure to pay fees or fulfill obligations may result in account suspension.
• No Return of Funds and No Chargebacks: Payments made through FortPay are final unless otherwise stipulated.
• Payment Methods: Users can select from available payment options, subject to compliance and availability.
• Nigeria Naira and Foreign Currency Conversion: Transactions are processed in Naira unless specified otherwise, and conversion rates may apply.

7. Non-Circumvention

• Making Payments Through FortPay: Users agree to process all payments related to transactions through the Platform.
• Communicating Through the Site: Users should not share contact details or communicate outside the Platform.
• Opting Out: Users may request to opt out of these restrictions by paying a fee.

8. Records of Compliance

Users are responsible for maintaining accurate transaction records in compliance with applicable laws.

9. Warranty Disclaimer

FortPay makes no warranties regarding the services provided by buyers or sellers using the Platform.

10. Limitation of Liability

• FortPay is not liable for disputes, delays, or losses arising from user transactions.
• In no event shall FortPay’s liability exceed the fees collected for the disputed transaction.

11. Release

Users release FortPay from claims or damages related to disputes between parties.

12. Indemnification

Users agree to indemnify and hold FortPay harmless for any claims arising from their misuse of the Platform.

13. Agreement Term and Termination

• Termination: FortPay may terminate accounts for violations of these Terms.
• Account Data on Closure: Users must retrieve their data before account closure.
• Survival: Certain provisions, such as limitation of liability and indemnification, survive termination.

14. Disputes Between You and FortPay

• Dispute Process, Arbitration, and Scope: Disputes must first be resolved informally before proceeding to arbitration.
• Choice of Law: These Terms are governed by the laws of the Federal Republic of Nigeria.
• Informal Dispute Resolution: Parties agree to attempt resolution through mediation.
• Binding Arbitration and Class Action/Jury Trial Waiver: Disputes will be resolved through binding arbitration, and users waive the right to a jury trial.

15. General

• Entire Agreement: These Terms constitute the entire agreement between FortPay and its users.
• Modifications; Waiver: Amendments to these Terms will be posted on the Platform.
• Assignability: Users may not assign their rights without prior consent.
• Severability; Interpretation: If any provision is found invalid, the remaining terms remain enforceable.
• Force Majeure: FortPay is not liable for delays due to events beyond its control.
• Prevailing Language and Location: These Terms are governed by English language.
• Access of the Site Outside Nigeria: Users outside Nigeria must ensure compliance with local laws.
• Consent to Use Electronic Records: Users consent to electronic communication and recordkeeping.

By using FortPay, you acknowledge that you have read, understood, and agreed to this User Agreement.