Terms of service
This document sets out the terms and conditions that apply when you use your PayerPay account to process payment transactions.
Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to PAYER PAY INTERNATIONAL INC., registered in Canada.
PAYER PAY INTERNATIONAL INC. is registered with the Financial Transactions and Reports Analysis Centre of Canada ("FINTRAC") under registration number C100001025, and with the Bank of Canada as a payment service provider under the Retail Payment Activities Act. PAYER PAY INTERNATIONAL INC. is registered as a money service business and is able to provide foreign exchange dealings and money transfer services to customers resident in Canada and abroad. Services for customers in the United States are provided through appropriately licensed and regulated U.S. financial and payment service partners.
When you are entitled to use the "Payments" service
We call the payment processing product that we provide under these terms the "Payments". To use the Services, you must have, and continue to have, a PayerPay account. To use the services, you must also apply, undergo verification, and be accepted by us. If your application is accepted, we will activate your account.
What information do you need to provide
To apply to use the Services as either a Business customer or an Individual, you must provide us with the information we request about your business and the source of your funds. We may ask for details about your business activity, whether you operate as a "company", "sole trader", or any other structure — including your website, merchant category code, average transaction amount, highest transaction amount, average monthly volumes, chargeback ratio, tax information, product fulfillment time, the countries where you conduct business, or any other information we may request.
In addition to reviewing the information you provide, we may need to conduct further due diligence, which may involve retrieving information about you, your business, or your PayerPay activities from third parties (service providers, credit reporting agencies, background check providers, and information bureaus). By agreeing to these Terms, you consent to us retrieving this information and agree to provide reasonable assistance necessary to obtain it.
After your account is opened, we may request additional information, retrieve further data, or conduct periodic reviews. If any previously provided information changes, becomes incomplete, or is outdated, you must promptly notify us — and within 5 business days of any significant change to your business or PayerPay activities. Based on our evaluations, we may make decisions regarding the activation or deactivation of your account.
What can you (and can't you) use this payment processing product for?
The Services are intended for accepting payments from individuals or businesses that purchase your goods or services within the scope of your business activities. We refer to these entities as 'Customers', and each payment accepted or processed for a Customer is a 'Transaction'.
You must use the Services in a lawful and proper manner, obeying all international and domestic laws, rules, and regulations that apply. You can only use the Services yourself, in your own right, in the course of your business activities. You cannot allow anyone other than you to use the Services, and you cannot use the Services to accept or process payments on behalf of anyone else.
In particular, you must comply with any requirements relating to refunds, chargebacks, financial services, payment services, notification and consumer protection, unfair competition, privacy, advertising, and any other laws relevant to your Transactions — including the Proceeds of Crime (Money Laundering) and Terrorist Financing Act, the Canada Consumer Product Safety Act, the Privacy Act, the Financial Consumer Agency of Canada Act, and the Bank Act.
If you accept or process any transactions that are prohibited by these Terms or any other law or agreement between us, or we think your business is exposing us to an unacceptable risk, then we may immediately terminate or suspend your use of the Services, or refuse, refund, condition, or suspend the activities we think are in breach.
You may not: (i) use any deep linking, web crawlers, bots, spiders or other automatic devices to access, copy or monitor any part of the properties; (ii) attempt to access any part or function of the properties without authorization, or connect to the Services by hacking, password mining or any other unlawful means; (iii) probe, scan or test the vulnerabilities of payerpay.io or any connected network, or violate any security or authentication measures; (iv) reverse look-up, track or seek to track any information of any other Users or visitors; (v) take any actions that impose an unreasonable or disproportionately large load on our infrastructure; (vi) use any devices, software or routine programs to interfere with the normal operation of the Services; (vii) forge headers, impersonate, or otherwise manipulate identification; or (viii) use the Services in an illegal way.
What types of transactions can you process?
You cannot use the Services to process any "Illegitimate Transaction" — any transaction which is inaccurate, incomplete, not typical for your business, without the Customer's authorisation, contrary to any applicable laws, suspicious, fraudulent or made for purposes other than in connection with the business purposes you have described to us.
You may not use the Services to benefit any activities that we decide are a prohibited business or activity ("Restricted Businesses"), including for the benefit of a country, organisation, entity, or person embargoed or blocked by any government, including sanctions lists identified by the Canadian government, the United States Office of Foreign Asset Control (OFAC), the European Commission, or the United Kingdom. If you are uncertain whether a category of business is a Prohibited Business, please contact us at [email protected].
How should you treat your customers when using this product?
You are solely responsible for your relationship with your customers — the nature and quality of the products or services you provide, their delivery, support, refunds, returns, disputes, and chargebacks. We are not responsible for your relationship with your customers or for the products or services you sell.
When using the Services you must: accurately communicate the nature of the Transaction to your customers before submitting it; provide Customers a meaningful way to contact you; not sell products or services in a manner that is unfair or deceptive; inform Customers that PayerPay and its affiliates process Transactions for you; not refund Charges in cash; follow any legal consumer protection obligations; and have a reasonable return, refund, cancellation, or adjustment policy. We call these your "Seller Obligations".
Fees, costs, and limits
Subscription Plans and Fees
Your engagement with our services encompasses distinct plans (for example, Business, Business+, and Premium), each offering unique features tailored to different needs. Fees associated with these plans are reviewed on a case-by-case basis and may be altered by PayerPay in accordance with these Terms.
Account Rates
An Application Fee (Business Account) may apply as a one-time, non-refundable charge for due diligence and KYC & KYB document review, whether the business account is approved or not. A Monthly Service Fee may apply for account maintenance.
Transfer Fees
Fees may apply to internal (incoming/outgoing) payments, SEPA (incoming and outgoing), international wire transfers (incoming and outgoing), and currency exchange (e.g. USD to CAD), based on current exchange rates and service charges.
Customization and Changes
Depending on your subscription plan, you may be eligible for custom pricing subject to specific terms and conditions. We reserve the right to modify the fees associated with our services at any time. Changes will be communicated to you in advance, and your continued use of the services after such notification implies acceptance of the revised fees. If you have any questions, contact our customer support team at [email protected].
When will you receive the payments we process for you?
To provide the Services, we need to act on your behalf. You authorise and appoint us (and any third parties we use) as your agent to process, receive and settle any payment processing proceeds owed to you through the Services.
Payouts
After we process a Transaction, we will settle the funds into (or out of) the relevant PayerPay account in your name. We call this account a "Payout account". You may have more than one Payout account (for example, for different currencies).
Multi-Currency Processing
You may be granted the capability to accept payments in various currencies and to receive settlements in a currency different from the one the third party used for payment ("Multi-Currency Processing"). We will ascertain the currency exchange rate and associated fees at the time of the transaction. If a transaction is reversed, the currency exchange rate applied will be the rate in effect at the time of the reversal.
Security interests
You grant us a lien and security interest in all funds for Transactions that we process for you. This means that if you have not paid funds that you owe to us, your Customers, or our affiliates, we will have a right to seize or withhold funds owed to you, and to debit or withdraw funds from any account you hold with us.
Disputes, returns and refund charges
Even authorised Transactions may be subject to a dispute by a Customer, or otherwise reversed. We are not responsible or liable to you for any Transaction which is later the subject of a dispute, refund, chargeback, other reversal, or which is submitted without authorisation or proper basis. In the event of a reversal, the funds previously credited to your account will be deducted and refunded to the Customer.
We may also cancel a payment and/or freeze funds if our AML compliance team deems the transaction suspicious or unjustified, and shall not be held liable for any potential losses arising from such action taken to comply with the Proceeds of Crime (Money Laundering) and Terrorist Financing Act of Canada. You may challenge a reversal by submitting evidence, but we cannot guarantee that any challenge will be successful.
What types of payments do these terms cover?
On top of these Terms, additional "Payment Terms" may apply for some specific payment methods or types. If Payment Terms apply, we'll let you know before you use the method, and they will form part of this agreement once you use the payment method.
Merchant initiated transactions
We may allow you to initiate payments based on consent you have obtained from a customer, without the customer necessarily being present ("merchant initiated transactions"). You cannot do this without our express permission. If you submit a merchant initiated transaction, you must: get the customer's advance authorisation specific to how the amount will be determined and when the payment will be taken; provide terms and conditions for any subscription and obtain agreement; provide the customer with a warning in advance and a transaction receipt after every initiation; provide a simple mechanism to easily cancel; and keep records available to us, our regulators and auditors on request.
What data protection obligations do you have?
You acknowledge that it is necessary for us to process personal data concerning your Customers ("Customer Personal Data") while delivering the Services. Each party commits to fulfilling its obligations in accordance with the applicable data protection laws (see the PayerPay Privacy Policy). We may act as either a "controller" or a "processor" when processing Customer Personal Data. You represent and warrant that you have obtained all necessary consents and provided all notices required to share the Customer Personal Data with us, have appropriate technical and organisational security measures in place, will notify us without undue delay of any personal data breach, and maintain complete and accurate records to demonstrate your compliance with applicable data protection laws.
Your security obligations
You must comply with the Payment Card Industry Data Security Standards ("PCI-DSS") and, if applicable, the Payment Application Data Security Standards (the "PCI Standards"). You will promptly provide documentation demonstrating your compliance upon our request. If you are unable to provide sufficient documentation, PayerPay and any applicable Payment Method Provider or Acquirer may access your business premises on reasonable notice to verify compliance. If you do not comply with the PCI Standards, we may suspend your account or terminate this Agreement.
Our security obligations
To the extent applicable to the Services, we will provide the Services in a manner consistent with applicable PCI Standards, including PCI-DSS. Our compliance will be confirmed by a qualified security assessor (QSA) periodically, as required of a PCI service provider.
Other legal terms
Indemnity
You are at all times responsible for the acts and omissions of your employees, contractors and agents acting within the scope of their relationship with you. You indemnify, and keep indemnified, PayerPay, our affiliates, and their respective employees, agents, and service providers (each a "PayerPay Entity") in full and on demand against all liabilities, costs, expenses, damages and losses arising out of or in connection with: your breach of these Terms; any chargebacks, fees, fines, disputes, refunds or reversals resulting from your use of the Services; any breach of the requirements of a third party we use to deliver the Services; negligent or wilful misconduct of your employees, contractors or agents; your publication of illegal or infringing content; or your relationships with Customers.
Representations and warranties
By accepting these terms, you represent and warrant that: you are eligible to register and use the Services and have the authority to perform your obligations; any information you provide is accurate and complete; any charges you submit represent a Transaction for permitted products or services; you will fulfil all obligations to Customers and resolve all Disputes; you will comply with all applicable laws; your employees, contractors and agents will act consistently with this Agreement; you will not use the Services for personal, family or household purposes, peer-to-peer money transmission, or (except in the normal course of business) intercompany Transactions; and you will not use the Services for any fraudulent or illegal undertaking.
Disclaimer of warranties
You confirm that PayerPay does not control the products or services that you offer, sell, or that your customers purchase using the services. PayerPay disclaims knowledge of, and does not guarantee: the accuracy, reliability, or correctness of any data provided through the Services; that the Services will meet your specific business needs; that the Services will be available at any particular time or location, or function uninterrupted or secure; that we will correct any defects or errors; or that the Services are free of viruses or other harmful code. Use of data you access or download through the services is done at your own risk.
Under no circumstances will PayerPay be responsible or liable to you for any indirect, punitive, incidental, special or consequential damages; lost profits or loss of business or goodwill; or funds related to your Transactions that have not been received by us from the relevant Payment Method Acquirer or Provider. The aggregate liability of PayerPay Entities under this Agreement is limited to 50% of the amount paid by you to PayerPay in monthly maintenance fees within the three-month period immediately preceding the event giving rise to your claim. In case no monthly fees have been paid, PayerPay cannot be held liable for any damages.
General
Nothing in these Terms establishes any partnership or joint venture between the parties, or authorizes any party to create obligations on behalf of another. This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements relating to its subject matter.
What happens if you have a complaint?
If you'd like to speak to someone about an issue that's concerning you, please contact us through the PayerPay Dashboard or by email at [email protected]. You'll need to tell us your name, your company name, the phone number and email address associated with your account, when the problem arose, and how you'd like us to put the matter right. We'll look into your complaint and respond by email within 5–10 business days.
Annex 1 — Data Processing Addendum
Where PayerPay processes Customer Personal Data as a processor on your behalf in the course of providing the Services, it will: process the Customer Personal Data only on documented instructions from you unless otherwise required by applicable laws; ensure persons authorised to process the data are bound by confidentiality; implement and maintain appropriate technical and organisational measures to protect the data against unauthorised or unlawful processing or accidental loss; assist you (as far as technically possible) in responding to data subject requests and in complying with your obligations regarding security, breach notifications, data protection impact assessments and prior consultations; at your election, return or delete the Customer Personal Data upon termination unless required by law to retain it; and notify you without undue delay after becoming aware of any personal data breach affecting Customer Personal Data.