Merchant Terms of Service

1. Acceptance of Terms

By registering for or using the PayServ platform, you ("Merchant") agree to be bound by these Merchant Terms of Service ("Terms"). If you are entering into these Terms on behalf of a company or organisation, you represent that you have the authority to do so.

These Terms govern access to and use of PayServ's payment orchestration middleware, testing studio, hosted payment fields, sandbox environment, and related APIs and services.

2. Nature of Service

PayServ is an Independent Software Vendor (ISV) and neutral payment software aggregator. PayServ does not: (a) act as a payment processor or acquirer; (b) hold or transmit merchant settlement funds; (c) underwrite merchant risk; or (d) store, process, or transmit raw cardholder data (PAN, CVV, expiry dates).

PayServ operates as configuration and routing middleware. Merchants retain their direct relationships with their chosen Payment Service Providers (PSPs). PayServ facilitates routing and integration but is not party to any payment transaction.

3. Merchant Obligations

You must ensure that your use of the PayServ platform complies with all applicable laws, regulations, and the terms and conditions of your downstream PSP(s).

You are solely responsible for obtaining and maintaining valid PSP agreements, merchant accounts, and any required payment licences in your operating jurisdictions.

You must not use the PayServ platform to process payments for prohibited business types as defined by your PSP(s) or by applicable law.

You are responsible for the security of your PayServ API keys and PSP credentials. You must notify PayServ immediately if you suspect unauthorised access to your account.

4. Fees & Payment

PayServ charges a platform subscription fee and/or usage-based transaction fees as set out in your Order Form or Pricing Schedule. All fees are exclusive of applicable taxes.

Fees are billed monthly in arrears. Invoices are due within 30 days of the invoice date. Late payments may incur interest at 1.5% per month.

PayServ reserves the right to modify fees with 30 days prior written notice.

5. Intellectual Property

PayServ retains all intellectual property rights in the platform, APIs, SDKs, documentation, and any derivative works. No rights are granted to you other than the limited licence to use the platform as described herein.

You grant PayServ a limited, non-exclusive licence to use your trademarks and logos solely for the purpose of identifying you as a PayServ customer in marketing materials, with your prior written consent.

6. Limitation of Liability

To the fullest extent permitted by law, PayServ's aggregate liability to you for any claim arising out of or related to these Terms shall not exceed the total fees paid by you to PayServ in the 12 months preceding the claim.

PayServ shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill, arising out of your use of the platform.

7. Termination

Either party may terminate these Terms with 30 days written notice. PayServ may suspend or terminate your access immediately if you breach these Terms or engage in activity that poses a risk to the platform or other users.

Upon termination, your access to the platform will be disabled. Any outstanding fees remain due and payable.

8. Governing Law

These Terms are governed by and construed in accordance with the laws of the jurisdiction of PayServ's registered incorporation. Disputes shall be resolved by binding arbitration or in the courts of competent jurisdiction.