Terms of Service

Terms and conditions for using ippayware services

Last updated: January 8, 2024

Agreement to Terms

By accessing or using ippayware's website and services, you agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree with any of these terms, you are prohibited from using our services.

1. Service Description

ippayware provides payment processing solutions, including but not limited to:

  • Credit and debit card processing
  • Point of sale (POS) systems
  • Online payment gateways
  • Cash discount and surcharging programs
  • Invoicing and billing solutions
  • Customer portal and reporting tools

2. Account Registration and Responsibilities

Account Creation

To use our services, you must:

  • Provide accurate and complete information
  • Maintain the security of your account credentials
  • Promptly update any changes to your information
  • Be at least 18 years old or have legal authority to enter contracts

Account Security

You are responsible for:

  • Maintaining the confidentiality of your login credentials
  • All activities that occur under your account
  • Immediately notifying us of any unauthorized use

3. Payment Processing Terms

Processing Fees

Payment processing fees are determined by your merchant agreement and may vary based on:

  • Transaction volume and type
  • Industry classification
  • Risk assessment
  • Card type and processing method

Settlement and Funding

Funds from processed transactions will be deposited to your designated bank account according to your merchant agreement terms, typically within 1-2 business days.

Chargebacks and Disputes

You are responsible for handling customer disputes and may be liable for chargeback fees and disputed amounts as outlined in your merchant agreement.

4. Compliance and Legal Requirements

PCI DSS Compliance

You must maintain PCI DSS compliance when handling cardholder data and follow all applicable security standards.

Cash Discount and Surcharging

If using cash discount or surcharging programs, you must:

  • Comply with all applicable state and federal laws
  • Display required signage and disclosures
  • Follow card brand rules and regulations
  • Properly implement and maintain program requirements

Anti-Money Laundering (AML)

You agree to comply with all AML laws and regulations and will not use our services for illegal activities.

5. Prohibited Activities

You may not use our services for:

  • Illegal activities or transactions
  • Processing payments for prohibited businesses (as defined in your merchant agreement)
  • Money laundering or terrorist financing
  • Fraudulent or deceptive practices
  • Violating intellectual property rights
  • Circumventing security measures
  • Interfering with our systems or other users

6. Service Availability and Modifications

Service Availability

While we strive for 99.9% uptime, we do not guarantee uninterrupted service availability. Scheduled maintenance will be communicated in advance when possible.

Service Modifications

We reserve the right to modify, suspend, or discontinue any aspect of our services with reasonable notice to users.

7. Intellectual Property

All content, trademarks, and intellectual property on our website and in our services remain the property of ippayware or our licensors. You may not:

  • Copy, modify, or distribute our proprietary content
  • Use our trademarks without permission
  • Reverse engineer our software or systems
  • Create derivative works based on our services

8. Limitation of Liability

To the maximum extent permitted by law:

  • Our liability is limited to the fees paid for services in the 12 months preceding the claim
  • We are not liable for indirect, incidental, or consequential damages
  • We do not guarantee specific business results or outcomes
  • You assume responsibility for your use of our services

9. Indemnification

You agree to indemnify and hold harmless ippayware from any claims, damages, or expenses arising from:

  • Your use of our services
  • Violation of these terms
  • Infringement of third-party rights
  • Your business operations and transactions

10. Termination

Termination by You

You may terminate your account at any time by providing written notice. Outstanding obligations will remain in effect.

Termination by Us

We may terminate your account immediately if you:

  • Violate these terms or your merchant agreement
  • Engage in prohibited activities
  • Pose a risk to our systems or other users
  • Fail to pay required fees

11. Dispute Resolution

Any disputes arising from these terms will be resolved through:

  • Good faith negotiation
  • Binding arbitration if negotiation fails
  • Governing law of New York State
  • Jurisdiction in New York courts for non-arbitrable matters

12. Changes to Terms

We may update these Terms of Service periodically. Material changes will be communicated via:

  • Email notification to registered users
  • Prominent notice on our website
  • Updated "Last modified" date

Continued use of our services after changes constitutes acceptance of the new terms.

Contact Information

For questions about these Terms of Service, please contact us:

  • Email: legal@ippayware.com
  • Phone: 1-800-IPAYWARE
  • Address: 123 Payment Plaza, New York, NY 10001