Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") govern your use of the payment processing services provided by Britain Payment Services Limited, a company incorporated in England and Wales (company number 12345678) with its registered office at 131A Cathcart St, Birkenhead CH41 3JY ("Britain Payment," "we," "us," or "our").

By accessing our services, creating an account, or using our payment processing platform, you ("you," "your," or "Merchant") agree to be bound by these Terms and all applicable laws and regulations. If you do not agree with these Terms, you may not use our services.

2. Definitions

• "Services" means the payment processing, merchant services, and related technologies provided by Britain Payment
• "Merchant" means any business or individual using our Services to accept payments
• "Transaction" means a payment processed through our Services
• "Cardholder" means the person authorized to use a payment card
• "Chargeback" means a reversal of a Transaction initiated by the card issuer
• "PCI DSS" means the Payment Card Industry Data Security Standard
• "Agreement" means these Terms together with any additional agreements, schedules, or amendments

3. Our Services

3.1 Payment Processing Services

We provide payment processing services that enable you to accept payments from customers using various payment methods, including:

• Credit and debit cards (Visa, Mastercard, American Express)
• Mobile wallet payments (Apple Pay, Google Pay, Samsung Pay)
• Online payment gateways
• Contactless payment solutions
• Recurring payment management

3.2 Service Availability

We aim to provide Services with 99.9% uptime. However, Services may be temporarily unavailable due to:

• Scheduled maintenance (with advance notice)
• Emergency security updates
• Third-party service interruptions
• Force majeure events

3.3 Service Modifications

We reserve the right to modify, enhance, or discontinue Services with reasonable notice. We will provide at least 30 days' notice for material changes that adversely affect your use of the Services.

4. Account Requirements

4.1 Eligibility

To use our Services, you must:

• Be a legitimate business or individual trader
• Be at least 18 years old or the age of majority in your jurisdiction
• Have a valid UK or EU business registration (where applicable)
• Provide accurate and complete information
• Maintain current contact and business information

4.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• Immediately notifying us of any unauthorized account access
• Ensuring your systems meet minimum security requirements
• Complying with PCI DSS requirements applicable to your business

4.3 Know Your Customer (KYC)

We are required by law to verify your identity and business details. You must provide:

• Valid government-issued identification
• Business registration documents
• Bank account verification
• Additional documentation as requested for compliance purposes

5. Fees and Charges

5.1 Processing Fees

You agree to pay the processing fees as specified in your merchant agreement. Fees typically include:

• Transaction processing fees (percentage and/or fixed amount)
• Monthly service fees (if applicable)
• Chargeback fees
• Additional service fees as outlined in your pricing schedule

5.2 Fee Collection

Fees are automatically deducted from your settlement funds. If insufficient funds are available, we may:

• Offset fees against future settlements
• Request payment through alternative methods
• Suspend Services until payment is received

5.3 Fee Changes

We may modify fees with 30 days' written notice. Continued use of Services after the effective date constitutes acceptance of new fees.

6. Prohibited Activities

You may not use our Services for:

6.1 Illegal Activities

• Any activity that violates UK or applicable international laws
• Money laundering or terrorist financing
• Tax evasion or fraud
• Sale of illegal goods or services

6.2 High-Risk Activities

• Gambling or gaming (without proper licensing)
• Adult entertainment services
• Cryptocurrency trading (without authorization)
• Multi-level marketing schemes
• Pharmaceutical sales (without proper licensing)

6.3 Fraudulent Practices

• Processing transactions without proper authorization
• Artificially inflating transaction amounts
• Processing payments for third parties without disclosure
• Creating fake or misleading transaction descriptions

7. Compliance Requirements

7.1 Regulatory Compliance

You must comply with all applicable laws and regulations, including:

• Payment Services Regulations 2017
• UK General Data Protection Regulation (UK GDPR)
• Money Laundering, Terrorist Financing and Transfer of Funds Regulations 2017
• Consumer Credit Act (where applicable)
• Distance Selling Regulations

7.2 PCI DSS Compliance

You must maintain PCI DSS compliance appropriate to your merchant level and handle cardholder data securely. This includes:

• Implementing required security controls
• Completing annual compliance assessments
• Immediately reporting any security incidents
• Maintaining up-to-date security policies

7.3 Monitoring and Reporting

We may monitor your transactions for compliance and risk management purposes. You agree to:

• Provide additional information when requested
• Allow periodic account reviews
• Report suspicious transactions or security incidents
• Cooperate with regulatory investigations

8. Data Protection

Both parties have obligations under data protection law:

8.1 Our Obligations

• Process personal data in accordance with our Privacy Policy
• Implement appropriate technical and organizational measures
• Provide data processing agreements where required
• Notify you of any personal data breaches

8.2 Your Obligations

• Obtain necessary consents from customers
• Provide clear privacy notices
• Handle customer data securely
• Report data breaches to relevant authorities

9. Limitation of Liability

9.1 Exclusions

We provide Services "as is" and exclude all warranties except those that cannot be excluded by law. We do not guarantee:

• Uninterrupted or error-free service
• Compatibility with all systems or software
• Protection against all security threats
• Specific transaction approval rates

9.2 Liability Limits

Our total liability for any claims arising from these Terms is limited to:

• The fees paid by you in the 12 months preceding the claim, or
• £10,000, whichever is lower

9.3 Excluded Damages

We are not liable for indirect, consequential, or special damages, including:

• Loss of profits or revenue
• Loss of business opportunities
• Loss of data or corruption
• Reputational damage

10. Indemnification

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

• Your breach of these Terms
• Your violation of any law or third-party rights
• Your negligent or wrongful acts
• Chargebacks and disputes related to your transactions
• Claims by your customers or third parties

This indemnification survives termination of these Terms.

11. Termination

11.1 Termination by You

You may terminate these Terms at any time by providing 30 days' written notice and ceasing use of our Services.

11.2 Termination by Us

We may terminate or suspend your account immediately if:

• You breach these Terms
• You engage in prohibited activities
• Your account poses a security risk
• Required by law or regulatory authorities
• You become insolvent or cease trading

11.3 Effects of Termination

Upon termination:

• Your right to use Services ends immediately
• We may hold funds for up to 180 days to cover potential chargebacks
• Outstanding fees and obligations remain due
• Confidentiality obligations continue

12. Governing Law

These Terms are governed by the laws of England and Wales. The English courts have exclusive jurisdiction over any disputes arising from these Terms, except where prohibited by consumer protection laws.

13. Dispute Resolution

13.1 Initial Resolution

Before initiating formal proceedings, you agree to attempt resolution through our complaint procedure:

• Contact our support team in writing
• We will acknowledge your complaint within 5 business days
• We will investigate and provide a final response within 15 business days

13.2 Alternative Dispute Resolution

If you are not satisfied with our response, you may refer the matter to:

• The Financial Ombudsman Service (for eligible complaints)
• Relevant industry ombudsman schemes
• Mediation services as mutually agreed

14. Changes to These Terms

We may modify these Terms from time to time. We will provide notice of material changes by:

• Email to your registered address (at least 30 days in advance)
• Notice in your merchant portal
• Publication on our website

Continued use of Services after the effective date constitutes acceptance of modified Terms. If you do not agree to changes, you may terminate your account without penalty.

15. Contact Information