Terms and Conditions

1. Definitions

Throughout these Terms, the following definitions apply:

• "Account" means your registered user account with Process Transaction.
• "Business Day" means Monday through Friday, excluding federal holidays in the United States.
• "Card Network" means Visa, Mastercard, American Express, Discover, or other payment card networks.
• "Chargeback" means a reversal of a payment transaction initiated by a cardholder or issuing bank.
• "Customer" means your customer who makes a payment through our Services.
• "Fees" means the charges for using our Services as set forth in your Merchant Agreement or Pricing Agreement.
• "Merchant" or "You" means the business or individual using our Services to accept payments.
• "PCI DSS" means the Payment Card Industry Data Security Standard.
• "Prohibited Business" means any business activity prohibited under Section 6.
• "Reserve" means funds held by us to secure your obligations under these Terms.
• "Settlement" means the transfer of funds from processed transactions to your designated bank account.

2. Eligibility and Account Registration

2.1 Eligibility Requirements

To use our Services, you must:

• Be at least 18 years of age
• Be a legal resident of the United States or a country where we offer Services
• Have the legal capacity to enter into binding contracts
• Operate a legitimate business in compliance with all applicable laws
• Not be a Prohibited Business or engaged in illegal activities
• Not be listed on any government sanctions or prohibited persons lists

2.2 Account Registration

When registering for an Account, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security of your account credentials
• Notify us immediately of any unauthorized access or security breach
• Accept responsibility for all activities occurring under your Account

We reserve the right to suspend or terminate your Account if any information provided is inaccurate, false, or outdated.

3. Services Description

3.1 Payment Processing Services

Process Transaction provides the following payment processing services:

• Credit and debit card processing
• ACH (Automated Clearing House) transfers
• Electronic check processing
• Recurring billing and subscription management
• Payment gateway API integration
• Third-party payment platform integration (e.g., Stripe)
• Fraud detection and prevention tools
• Reporting and analytics

3.2 Service Availability

While we strive to maintain 99.9% uptime, we do not guarantee uninterrupted access to our Services. We reserve the right to suspend Services for maintenance, security updates, or circumstances beyond our reasonable control.

4. Fees and Payment

4.1 Fee Structure

You agree to pay all Fees associated with your use of the Services as disclosed in your Merchant Agreement. Fees may include:

• Transaction fees (percentage of transaction amount plus per-transaction fee)
• Monthly account fees
• Chargeback fees
• Refund fees
• ACH return fees
• Early termination fees (if applicable)

4.2 Fee Changes

We may modify our Fees upon 30 days' written notice. Continued use of Services after such notice constitutes acceptance of the modified Fees.

4.3 Payment of Fees

Fees are deducted automatically from your transaction proceeds. If transaction proceeds are insufficient, you authorize us to debit your linked bank account for any outstanding amounts.

5. Transaction Processing

5.1 Authorization

You authorize us to process payment transactions on your behalf, including:

• Transmitting transaction data to Card Networks and banks
• Receiving and processing authorization responses
• Settlement of funds to your designated account
• Handling refunds, voids, and chargebacks

5.2 Settlement

Transaction proceeds are typically settled to your bank account within 1-2 Business Days, subject to:

• Risk assessment and fraud review
• Reserve requirements
• Chargeback and dispute holds
• Compliance verification

5.3 Reserve

We may establish a Reserve to secure your obligations under these Terms. The Reserve may be:

• A percentage of daily transaction volume (rolling reserve)
• A fixed amount (minimum reserve)
• Held for a specified period or until account closure

6. Prohibited Businesses and Activities

You may not use our Services for the following activities or businesses:

• Illegal drugs, drug paraphernalia, or controlled substances
• Counterfeit goods or copyright/trademark infringement
• Gambling, betting, or lottery services (unless legally authorized)
• Money laundering, terrorist financing, or sanctioned activities
• Pornography, adult content, or escort services
• Pyramid schemes, Ponzi schemes, or multi-level marketing
• Weapons, ammunition, or explosives
• Human trafficking or exploitation
• Credit repair, debt elimination, or foreclosure relief services
• Get-rich-quick schemes or deceptive business practices
• Tobacco, e-cigarettes, or vaping products (without prior approval)
• Pharmaceuticals (without proper licensing)
• Any activity that violates applicable laws or regulations

We reserve the right to immediately suspend or terminate accounts engaged in Prohibited Activities.

7. Chargebacks and Disputes

7.1 Chargeback Liability

You are fully liable for all Chargebacks, refunds, and disputed transactions. We may debit your account or Reserve for:

• The full amount of the disputed transaction
• Chargeback fees (typically $15-$25 per incident)
• Associated processing fees

7.2 Chargeback Ratio

You must maintain a chargeback ratio below 1% of total transaction volume. Exceeding this threshold may result in:

• Increased monitoring and reserves
• Higher processing fees
• Account suspension or termination
• Placement on Card Network monitoring programs

7.3 Dispute Response

You must respond to all chargeback notifications within the timeframe specified (typically 7-10 days). Failure to respond may result in automatic loss of the dispute.

8. Data Security and PCI Compliance

8.1 PCI DSS Compliance

You agree to comply with all applicable PCI DSS requirements. This includes:

• Completing annual PCI Self-Assessment Questionnaire (SAQ)
• Maintaining secure network infrastructure
• Protecting cardholder data
• Implementing strong access control measures
• Regularly monitoring and testing networks
• Maintaining an information security policy

8.2 Data Handling

You may not store full track data, CVV codes, or PIN data. Use of our tokenization services is strongly encouraged.

8.3 Security Incidents

You must notify us within 24 hours of any suspected or actual security breach, unauthorized access, or compromise of cardholder data.

9. Representations and Warranties

You represent and warrant that:

• You have the legal right and authority to enter into these Terms
• Your business is duly organized and in good standing
• You comply with all applicable laws and regulations
• You have obtained all necessary licenses and permits
• You own or have rights to all products and services sold
• You will fulfill all obligations to your customers
• Transaction data you provide is accurate and complete

10. Indemnification

You agree to indemnify, defend, and hold harmless Process Transaction and its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from:

• Your use of the Services
• Your breach of these Terms
• Your violation of any law or third-party right
• Your products or services
• Any dispute between you and your customers
• Any security breach or data compromise

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• OUR TOTAL LIABILITY SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES PAID BY YOU TO US IN THE 12 MONTHS PRECEDING THE CLAIM
• WE ARE NOT LIABLE FOR TRANSACTIONS THAT ARE UNAUTHORIZED, FRAUDULENT, OR PROCESSED WITHOUT YOUR CONSENT
• WE ARE NOT RESPONSIBLE FOR LOSSES DUE TO CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL

12. Term and Termination

12.1 Term

These Terms commence when you create an Account and continue until terminated by either party.

12.2 Termination by You

You may terminate these Terms by providing 30 days' written notice and closing your Account. Early termination fees may apply if specified in your Merchant Agreement.

12.3 Termination by Us

We may suspend or terminate your Account immediately upon notice for:

• Violation of these Terms
• Engagement in Prohibited Activities
• Excessive chargebacks or fraud
• Regulatory or legal requirements
• Risk to our systems or other merchants
• Material misrepresentation

12.4 Effect of Termination

Upon termination:

• Your access to Services will be suspended
• Any pending transactions may be cancelled
• We may hold funds to cover potential chargebacks and disputes
• Sections that by their nature survive termination shall continue

13. Intellectual Property

All content, trademarks, logos, and intellectual property on our website and Services are owned by Process Transaction or our licensors. You may not use, copy, or distribute our intellectual property without prior written consent.

14. Governing Law and Dispute Resolution

14.1 Governing Law

These Terms are governed by the laws of the State of Georgia, United States, without regard to conflict of law principles.

14.2 Dispute Resolution

Any dispute arising from these Terms shall first be attempted to be resolved through good faith negotiation. If unresolved, disputes shall be submitted to binding arbitration in Atlanta, Georgia, in accordance with the American Arbitration Association rules.

14.3 Class Action Waiver

You agree that any proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

15. Modifications to Terms

We may modify these Terms at any time by posting the updated Terms on our website. Material changes will be notified via email. Your continued use of Services after changes constitutes acceptance.

16. Miscellaneous

• Entire Agreement: These Terms constitute the entire agreement between you and Process Transaction.
• Severability: If any provision is found invalid, the remaining provisions remain in effect.
• Waiver: Our failure to enforce any provision does not constitute a waiver.
• Assignment: You may not assign these Terms without our written consent.
• Force Majeure: Neither party is liable for failures due to circumstances beyond reasonable control.
• Notices: Notices to us should be sent to our address below. Notices to you will be sent to your registered email.

17. Contact Information