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Please read these Terms of Use carefully before accessing or using payfacsolutions.com or any of our services. By continuing to use our website or engaging our services, you confirm that you have read, understood, and agreed to these terms. If you do not agree, please do not use our website or services.

1. Introduction

Welcome to Payfac Solutions. These Terms of Use govern your access to and use of our website at payfacsolutions.com and the payment solutions, consultancy, and related services we provide to merchants worldwide.

Payfac Solutions is a global high-risk payment solutions provider. We help businesses across the world accept payments by connecting them with acquiring banks, payment processors, and financial institutions. Our services include credit card processing, cryptocurrency payment processing, merchant bank accounts, offshore company incorporation, open banking solutions, and payment gateway services.

These Terms apply to all visitors, prospects, and merchants who interact with our website or services, regardless of where in the world they are located. By using our website or engaging our services, you enter into a binding agreement with Payfac Solutions on the terms set out here.

2. Definitions

In these Terms:

  • “Payfac Solutions”, “we“, “us“, or “our” means the company operating under the name Payfac Solutions and accessible at payfacsolutions.com.
  • “You” or “User” means any person or business that accesses or uses our website or services, including prospective merchants and clients.
  • “Merchant” means a business entity that applies for and/or uses our payment processing, gateway, or related services.
  • “Services” means all services offered by Payfac Solutions, including but not limited to credit card processing, cryptocurrency payment processing, merchant bank accounts, offshore company incorporation, open banking, and payment gateway solutions.
  • “Website” means payfacsolutions.com and all associated pages, content, and tools.
  • “Acquiring Bank” or “Processor” means a third-party financial institution or payment processor that we connect merchants with as part of our service.
  • “Chargeback” means a transaction reversal initiated by a cardholder through their issuing bank.
  • “KYC” means Know Your Customer — the identity verification and due diligence process required for regulatory compliance.

3. Eligibility & Acceptance

By accessing our website or using our services, you confirm that:

  • You are at least 18 years of age, or the minimum legal age in your country, whichever is higher
  • You are acting on behalf of a legitimately registered business, or as an authorised representative of such a business
  • Your business operates lawfully in the jurisdiction(s) in which it is registered and operates
  • You have the authority to enter into a legally binding agreement on behalf of yourself or your business
  • You are not located in, or operating a business from, a jurisdiction subject to international sanctions that would prohibit us from providing services to you

We reserve the right to refuse service to any individual or business at our sole discretion, including where we determine that the business model, industry, or risk profile is incompatible with the services we offer or the requirements of our acquiring bank partners.

4. Our Services

4.1  What We Provide

Payfac Solutions acts as a consultancy and intermediary, connecting high-risk merchants with appropriate acquiring banks, payment processors, and financial institutions. We do not ourselves issue merchant accounts, hold funds, or process transactions directly — these functions are performed by the acquiring banks and processors we work with.

Our core services include:

  • Credit Card Processing — connecting merchants with acquiring banks that accept high-risk card processing
  • Cryptocurrency Payment Processing — facilitating crypto acceptance through specialist processors and gateways
  • Merchant Bank Accounts — sourcing and securing dedicated merchant accounts for high-risk businesses
  • Offshore Company Incorporation — assisting with company formation in appropriate international jurisdictions
  • Open Banking Solutions — facilitating account-to-account payment solutions
  • Payment Gateway Services — integrating merchants with payment gateway technology

4.2  Industries We Serve

We work with merchants operating in industries that are classified as high-risk by traditional financial institutions, including but not limited to:

Industry Industry Industry
Adult Entertainment Online Gaming & Gambling Dating Platforms
CBD / Hemp Products Forex & Financial Trading Crypto Exchange
IPTV Services Nutraceuticals / Pharma Travel & Tourism
E-commerce Digital Goods & Downloads Fantasy Sports

 

Operating in one of these industries does not guarantee approval. All merchant applications are subject to underwriting by our acquiring bank partners, and approval decisions are made by those institutions at their sole discretion.

4.3  Consultancy Nature of Our Services

Payfac Solutions provides payment consultancy and intermediary services. We do not guarantee merchant account approval, specific processing rates, or continuity of service beyond our direct control. We will use our reasonable best efforts to secure suitable payment solutions for your business, but outcomes depend on the decisions of third-party acquiring institutions.

5. Merchant Responsibilities

If you use or apply for our services as a merchant, you agree to the following obligations:

5.1  Accurate Information

You must provide accurate, complete, and up-to-date information in all applications, KYC submissions, and communications with us. This includes your business identity, ownership structure, financial history, website content, products or services offered, processing volumes, and chargeback history. Providing false or misleading information is grounds for immediate termination of services and may expose you to legal liability.

5.2  Legal Compliance

You are solely responsible for ensuring that your business, website, products, services, and payment practices comply with all applicable laws and regulations in every jurisdiction in which you operate. This includes but is not limited to:

  • Consumer protection and advertising laws
  • Data protection and privacy laws
  • Anti-money laundering (AML) and counter-terrorism financing (CTF) laws
  • Card scheme rules (Visa, Mastercard, and others)
  • Financial services regulations applicable to your industry
  • Age verification requirements where required by your industry or jurisdiction

5.3  Chargeback Management

You are responsible for actively managing your chargeback ratio. Acquiring banks typically set chargeback thresholds (commonly 1% for Visa and Mastercard). Exceeding these thresholds may result in account suspension, termination, or financial penalties imposed by the acquiring bank, not Payfac Solutions. You agree to:

  • Implement reasonable fraud prevention measures
  • Maintain clear and visible refund and cancellation policies
  • Respond promptly to chargeback disputes through the applicable process
  • Notify us if your chargeback ratio is approaching or exceeds the threshold

5.4  Prohibited Activities

You must not use our services, or any merchant account or gateway sourced through us, for any of the following:

  • Processing transactions for businesses or products other than those approved in your merchant application
  • Money laundering, terrorist financing, or any other financial crime
  • Processing payments for goods or services that are illegal in your jurisdiction or the cardholder’s jurisdiction
  • Carding, fraud, or any form of deceptive payment practices
  • Processing transactions for third parties without prior written approval (factoring)
  • Any activity that violates the rules of Visa, Mastercard, or applicable card schemes
  • Processing transactions in currencies or countries not approved in your merchant agreement

Engaging in any prohibited activity may result in immediate termination of services, reporting to relevant authorities, and financial liability for losses caused to Payfac Solutions or its banking partners.

5.5  KYC & Ongoing Due Diligence

You agree to cooperate fully with all KYC, AML, and due diligence requests from Payfac Solutions and its acquiring bank partners at onboarding and on an ongoing basis. This may include providing updated documentation, re-verification of identity, explanation of unusual transaction patterns, or other information reasonably required for compliance purposes.

6. Fees, Rates & Payment Terms

6.1  Consultancy Fees

Payfac Solutions may charge fees for consultancy, application support, and account setup services. Where applicable, fees will be communicated to you in writing before any charge is made. All fees are non-refundable unless otherwise agreed in writing.

6.2  Processing Rates & Acquiring Fees

Processing rates, interchange fees, rolling reserves, and other charges are set by the acquiring bank or payment processor — not by Payfac Solutions. These rates are determined based on your industry, risk profile, processing volumes, and chargeback history. We will communicate indicative rates during the onboarding process, but the final rates are confirmed by the acquiring institution.

6.3  Rolling Reserves

Acquiring banks typically hold a rolling reserve on high-risk merchant accounts — a percentage of processed funds withheld for a defined period (commonly 5-10% held for 90-180 days) to cover potential chargebacks and fraud losses. Reserve requirements are set by the acquiring bank and are not within Payfac Solutions’ control. Reserves are released in accordance with the terms set by the acquiring institution.

6.4  Taxes

You are responsible for all taxes, levies, and duties applicable to your business and transactions in your jurisdiction. Payfac Solutions does not provide tax advice.

7. Intellectual Property

All content on this website — including but not limited to text, design, layout, graphics, logos, icons, and software — is the property of Payfac Solutions or its licensors and is protected by applicable intellectual property laws worldwide.

You may not reproduce, copy, distribute, republish, display, transmit, or otherwise exploit any content from this website for commercial purposes without our prior written consent. Personal, non-commercial use is permitted provided you do not modify the content and retain all copyright and ownership notices.

The Payfac Solutions name, logo, and associated branding are trademarks of Payfac Solutions. Nothing in these Terms grants you a licence to use our trademarks.

8. Website Use & Acceptable Conduct

When using our website, you agree not to:

  • Use the website for any unlawful purpose or in breach of applicable laws
  • Attempt to gain unauthorised access to any part of our website, servers, or systems
  • Introduce malware, viruses, or any harmful code to our website or systems
  • Scrape, harvest, or collect data from our website using automated tools without our written consent
  • Transmit unsolicited marketing or spam communications through our website or contact channels
  • Impersonate any person, business, or entity, including Payfac Solutions or its staff
  • Post or transmit any content that is defamatory, offensive, harassing, or otherwise objectionable
  • Interfere with the normal operation of our website or the experience of other users

We reserve the right to restrict or terminate your access to our website at any time if we reasonably believe you are in breach of these terms.

9. Disclaimer of Warranties

Our website and services are provided on an “as is” and “as available” basis. To the maximum extent permitted by applicable law:

  • We make no representations or warranties of any kind, express or implied, about the accuracy, completeness, reliability, suitability, or availability of our website or services
  • We do not warrant that our website will be uninterrupted, error-free, or free from viruses or harmful components
  • Information on our website is for general purposes only and does not constitute financial, legal, or professional advice
  • We do not guarantee that applying for our services will result in a merchant account approval — approval decisions rest entirely with acquiring banks and processors

Nothing on this website constitutes a guarantee of merchant account approval, specific processing rates, or any particular outcome. All information is provided for general guidance only.

10. Limitation of Liability

To the fullest extent permitted by applicable law, Payfac Solutions and its directors, employees, agents, and partners shall not be liable for:

  • Any indirect, incidental, special, consequential, or punitive damages arising from your use of our website or services
  • Loss of profits, revenue, data, goodwill, or business opportunities
  • Decisions made by acquiring banks or payment processors, including account declines, terminations, or fund holds
  • Interruption or unavailability of payment processing due to actions of third-party acquiring banks or processors
  • Losses arising from chargebacks, fraud, or card scheme penalties imposed on your merchant account
  • Any reliance placed on information provided on our website

Our total aggregate liability to you for any claims arising from your use of our services shall not exceed the consultancy fees paid by you to Payfac Solutions in the three months preceding the event giving rise to the claim.

Nothing in these Terms limits our liability for death or personal injury caused by negligence, fraud, or any other matter that cannot be excluded by applicable law.

11. Indemnification

You agree to indemnify, defend, and hold harmless Payfac Solutions and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in connection with:

  • Your use of our website or services
  • Your breach of these Terms of Use
  • Your violation of any applicable law or regulation
  • Any false or misleading information you provided during your application or onboarding
  • Chargebacks, fraud, or card scheme penalties arising from your merchant account activity
  • Any claim by a third party related to your business, products, or services

12. Third-Party Services & Links

Our services involve connecting you with third-party acquiring banks, payment processors, and gateway providers. Your use of their services is governed by their own terms and conditions, which you should review carefully. Payfac Solutions is not a party to the agreement between you and any acquiring bank or processor.

Our website may contain links to external websites. We are not responsible for the content, accuracy, or practices of those sites. A link does not constitute an endorsement.

13. Privacy & Data Protection

Your use of our website and services is also governed by our Privacy Policy, available at payfacsolutions.com/privacy-policy/, which is incorporated into these Terms by reference. By using our website or services, you also agree to our Privacy Policy.

In providing our services, we will handle personal and business data in accordance with applicable data protection laws in your jurisdiction. This includes, where applicable, carrying out KYC and AML checks and sharing necessary information with acquiring banks and regulatory authorities.

14. Confidentiality

In the course of our engagement, both parties may receive confidential information — including business strategies, financial data, processing volumes, and proprietary processes. Each party agrees to:

  • Keep all confidential information strictly confidential
  • Not disclose confidential information to any third party without prior written consent, except where required by law or regulatory obligation
  • Use confidential information only for the purpose of the engagement with Payfac Solutions

This obligation survives the termination of any business relationship between you and Payfac Solutions.

15. Term & Termination

15.1  Duration

These Terms apply from the moment you access our website or engage our services and continue until terminated.

15.2  Termination by You

You may stop using our website or services at any time. If you have an active merchant account sourced through us, termination procedures are governed by your agreement with the relevant acquiring bank or processor.

15.3  Termination by Us

We reserve the right to suspend or terminate your access to our website or services at any time, with or without notice, if:

  • You breach any of these Terms of Use
  • We reasonably believe your business activities are unlawful or pose a compliance or reputational risk
  • An acquiring bank or processor terminates or suspends your merchant account
  • We are required to do so by law, regulation, or card scheme rules

15.4  Effect of Termination

Termination does not affect any rights or obligations that arose prior to termination. Sections relating to intellectual property, liability, indemnification, confidentiality, and governing law survive termination indefinitely.

16. Changes to These Terms

We may update these Terms of Use from time to time to reflect changes in our services, applicable law, or business practices. When we do:

  • We will update the “Last Updated” date at the top of this document
  • We will post the updated Terms at payfacsolutions.com/terms-of-use/
  • For material changes, we will notify active clients by email where practicable

Your continued use of our website or services after any update constitutes your acceptance of the revised Terms.

17. Governing Law & Dispute Resolution

17.1  Governing Law

These Terms and any dispute or claim arising from or in connection with them shall be governed by and construed in accordance with applicable law. Because Payfac Solutions serves clients globally, the law applicable to any dispute may be determined by the jurisdiction in which the relevant service was provided, or by mutual agreement between the parties.

17.2  Informal Resolution

We encourage you to contact us first if you have a dispute or complaint. Most issues can be resolved quickly and informally. Please email info@payfacsolutions.com with the subject: “Dispute / Complaint” and we will respond within 10 business days.

17.3  Formal Dispute Resolution

If a dispute cannot be resolved informally, both parties agree to attempt resolution through mediation before commencing formal legal proceedings. The parties may agree on a neutral mediator or appoint one through a recognised mediation service.

17.4  Jurisdiction

For clients with no specific jurisdiction agreed, any formal legal proceedings shall be brought in a court of competent jurisdiction in the location determined by the applicable governing law. Nothing in this clause prevents either party from seeking urgent injunctive or other equitable relief in any court.

18. General Provisions

  • Entire Agreement: These Terms, together with our Privacy Policy and any written service agreement, constitute the entire agreement between you and Payfac Solutions regarding your use of our website and services.
  • Severability: If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or removed to the minimum extent necessary, and the remaining Terms will remain in full force.
  • No Waiver: Our failure to enforce any provision of these Terms does not constitute a waiver of our right to enforce it in the future.
  • No Partnership: Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and Payfac Solutions.
  • Assignment: You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations without restriction.
  • Force Majeure: We are not liable for any failure or delay in performing our obligations where that failure or delay is caused by circumstances beyond our reasonable control.
  • Language: These Terms are written in English. Any translations are provided for convenience only. In the event of conflict, the English version prevails.

19. Contact Us

If you have any questions about these Terms of Use, or wish to raise a concern or complaint, please contact us:

Email info@payfacsolutions.com

 

WhatsApp +44 7888 862159

 

Telegram t.me/payfacSolutions

 

LinkedIn linkedin.com/company/payfacsolutions

 

Website https://payfacsolutions.com/contact-us/

 

By using payfacsolutions.com or our services, you confirm that you have read, understood, and agreed to these Terms of Use.