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Terms of Service

Last updated: [DATE]

Draft for legal review. Text in [BRACKETS] is completed before this page is published.

These Terms of Service (“Terms”) govern access to and use of the ExelPay website, dashboards, application programming interfaces and related payment services (together, the “Services”) provided by [COMPANY NAME], a company registered in [JURISDICTION] under number [COMPANY REGISTRATION NUMBER], with its registered office at [REGISTERED ADDRESS] (“ExelPay”, “we”, “us”).

By creating an account, signing an order form or using the Services, the business you represent (“Merchant”, “you”) agrees to these Terms. If you do not have authority to bind that business, do not use the Services.

1. The Services

ExelPay provides technology that lets businesses accept card payments online, route transactions to one or more acquirers or payment processors, manage risk, convert currencies, manage disputes, reconcile settlements and, where enabled, onboard sub-merchants and make payouts.

Certain Services are provided together with third parties such as acquiring banks, card schemes, payment processors and payout providers (“Partners”). Your use of those parts of the Services may also be subject to the Partners’ terms, which we will make available to you. Some Services, including sub-merchant onboarding, payouts and cardholder surcharging, are only available in jurisdictions and for business models approved by ExelPay and its Partners.

2. Eligibility and onboarding

You must be a business lawfully established in a country we support and must provide accurate, complete information during onboarding, including information about your owners, directors and activities. We and our Partners may verify this information, request further documents and decline or end an application at our discretion, as required by anti-money-laundering, counter-terrorist-financing, sanctions and card scheme rules.

You must keep your information up to date and tell us promptly about any change in ownership, activities or the products and services you sell.

3. Your account and security

You are responsible for all activity under your account and your API credentials. You must:

  • keep passwords, multi-factor devices, recovery codes and API secrets confidential;
  • give team members only the roles they need;
  • use the hosted payment fields or other integration methods we approve to collect card data;
  • notify us without delay at [SECURITY CONTACT EMAIL] if you suspect unauthorised access or a security incident.

You must not store, process or transmit full card numbers or card verification codes outside the environments we provide, unless you have demonstrated compliance with the Payment Card Industry Data Security Standard (PCI DSS) and we have enabled a channel for you in writing.

4. Fees and payment

You agree to pay the fees set out in your order form or pricing proposal. Unless agreed otherwise, fees are deducted from settlement amounts or invoiced monthly. Card scheme and Partner fees may change; we will give you at least [30] days’ notice of any fee change that affects you, unless a shorter period is required by a Partner or the law.

All fees are exclusive of taxes, which you will pay where applicable.

5. Settlement, reserves and payouts

Funds are settled to the bank account you designate, on the schedule agreed with you, after deducting fees, refunds, chargebacks and other amounts you owe. We or our Partners may delay settlement, set up a reserve or adjust the payout schedule where we reasonably consider it necessary to manage risk of loss, including risk from refunds, chargebacks, fraud or a breach of these Terms.

6. Refunds, chargebacks and disputes

You are responsible for refunds you issue and for chargebacks, reversals, fines and assessments raised by card schemes or Partners in relation to your transactions. The Services provide tools to respond to disputes; the outcome is decided by the issuer and the card scheme.

7. Acceptable use

You must comply with our Acceptable Use Policy, card scheme rules and all laws that apply to your business, including consumer protection, data protection, anti-money-laundering and sanctions laws.

8. Data protection

Each party will comply with applicable data protection law. Our Privacy Policy explains how we process personal data as a controller. Where we process personal data on your behalf, the data processing terms in your agreement apply.

9. Intellectual property

We and our licensors own the Services and all related intellectual property. We grant you a non-exclusive, non-transferable right to use the Services during the term of your agreement, solely for your business. You must not copy, modify, reverse engineer or resell the Services except as allowed by law or in writing by us.

10. Availability and changes

We work to keep the Services available and secure, but we do not guarantee uninterrupted operation. We may change the Services, for example to improve security or meet legal requirements. We will give you reasonable notice of material changes that reduce functionality you rely on.

11. Suspension and termination

Either party may end the agreement on [30] days’ written notice. We may suspend or end the Services immediately if required by law or a Partner, if you materially breach these Terms, or if your activity creates a significant risk of loss, fraud or harm. Terms that by their nature should survive termination, including payment obligations, indemnities and limitations of liability, will survive.

12. Liability

Nothing in these Terms limits liability that cannot be limited by law. Subject to that, neither party is liable for indirect or consequential loss, or for loss of profit, revenue or goodwill, and each party’s total liability in any 12-month period is limited to the fees you paid to ExelPay in that period, except for your obligations to pay fees, refunds, chargebacks and Partner fines.

13. Governing law

These Terms are governed by the laws of [GOVERNING LAW], and the courts of [COURTS] have exclusive jurisdiction, unless mandatory law provides otherwise.

14. Contact

Questions about these Terms: [LEGAL CONTACT EMAIL] or [REGISTERED ADDRESS].