Terms and Conditions
These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("Client," "Merchant," "User," or "you") and GetPayment Inc. ("GetPayment," "Company," "we," "us," or "our"). By accessing or using our Services, you agree to be bound by these Terms.
1. Company Information
GetPayment Inc
1201 N Orange Street, Suite #7235
Wilmington, Delaware 19801, United States
2. Nature of Services
GetPayment acts strictly as a sales agent on behalf of third-party service providers, financial institutions, payment processors, and related partners ("Service Providers").
We:
- Introduce merchants to Service Providers
- Facilitate onboarding processes
- Assist with documentation submission
- Coordinate communication between merchants and providers
- Provide support related to account setup
We do not:
- Act as a bank
- Hold customer funds (unless explicitly disclosed)
- Provide financial, legal, or tax advice
- Underwrite loans or merchant accounts
- Make approval decisions
All approvals, denials, pricing, underwriting, and funding decisions are made solely by the Service Provider.
3. Eligibility
To use our Services, you must:
- Be at least 18 years old
- Have authority to bind your business
- Provide accurate and complete information
- Operate a lawful business
We reserve the right to refuse service at our discretion.
4. Merchant Representations and Warranties
You represent and warrant that:
- All information provided is accurate and truthful
- You will comply with all applicable laws and regulations
- Your business activities are lawful
- You are not engaged in fraudulent, deceptive, or prohibited conduct
- You will comply with the terms of any third-party Service Provider
Providing false or misleading information may result in immediate termination.
5. Relationship of the Parties
GetPayment operates as an independent contractor and sales agent. Nothing in these Terms creates a partnership, joint venture, employment relationship, or fiduciary relationship. You acknowledge that GetPayment represents Service Providers and may receive compensation from them.
6. Compensation and Fees
A. Commission-Based Compensation
GetPayment may receive commissions or referral fees from Service Providers for successful introductions or transactions.
B. Merchant Fees
Unless explicitly agreed in writing, we do not charge upfront fees. Any fees charged by Service Providers are governed by their agreements, not ours. If we do charge consulting or service fees, those will be disclosed separately in writing.
7. No Guarantee of Approval or Funding
We do not guarantee:
- Approval of merchant accounts
- Loan approvals
- Processing rates
- Funding timelines
- Specific terms from Service Providers
All decisions are made solely by the Service Provider.
8. Third-Party Agreements
You acknowledge that you will enter into separate agreements with Service Providers. Those agreements govern processing, fees, funding, chargebacks, and disputes. GetPayment is not responsible for obligations under third-party agreements and is not liable for the acts or omissions of Service Providers.
9. Chargebacks, Disputes, and Processing Issues
All matters relating to chargebacks, transaction disputes, settlement delays, holds or reserves, and account terminations must be addressed directly with the Service Provider. GetPayment may assist in communication but is not responsible for outcomes.
10. Compliance with Laws
You agree to comply with federal and state laws, anti-money laundering (AML) laws, Know Your Customer (KYC) requirements, payment network rules, and consumer protection laws. You are solely responsible for your business compliance.
11. Intellectual Property
All content, branding, materials, logos, and proprietary systems used by GetPayment are owned by or licensed to the Company. You may not copy, modify, reverse engineer, distribute, or reproduce without prior written consent.
12. Confidentiality
Both parties agree to maintain confidentiality of business information, financial details, proprietary processes, and non-public information. This obligation survives termination.
13. Limitation of Liability
To the maximum extent permitted by law, GetPayment shall not be liable for indirect damages, consequential damages, lost profits, loss of business, processing delays, or decisions made by Service Providers. Our total liability shall not exceed the amount paid directly to GetPayment (if any) in the preceding twelve (12) months.
14. Indemnification
You agree to indemnify and hold harmless GetPayment, its officers, directors, employees, and agents from any claims, losses, damages, liabilities, or expenses arising from your business activities, breach of these Terms, violation of law, disputes with Service Providers, or customer claims.
15. Termination
We may suspend or terminate services for breach of these Terms, for suspected fraud, for unlawful conduct, or at our discretion. Termination does not affect obligations under third-party agreements.
16. Disclaimer of Warranties
Services are provided "AS IS" and "AS AVAILABLE." We disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.
17. Dispute Resolution
Governing Law: These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles.
Venue: Any dispute shall be resolved in the state or federal courts located in Delaware.
18. Force Majeure
We are not liable for delays or failures caused by events beyond our reasonable control, including natural disasters, cyberattacks, government actions, banking disruptions, or network failures.
19. Modifications
We may update these Terms at any time. Continued use of Services after updates constitutes acceptance.
20. Entire Agreement
These Terms constitute the entire agreement between the parties regarding the Services and supersede prior agreements or communications.
21. Contact Information
GetPayment Inc · 1201 N Orange Street, Suite #7235 · Wilmington, Delaware 19801 · United States
Email: support@getpayment.com
By using our Services, you acknowledge that you have read, understood, and agree to these Terms and Conditions.