Payment Facilitator Terms and Conditions
CASH BULLS LTD, (“CASH BULLS”)Terms and Conditions is a legal agreement (this “Agreement”) between you (“Sub- Merchant,” "user," "you" or "your") andCASH BULLS LTD,(“CASH BULLS” "we," "our" or "us") governing your use of an Account (as defined below) and payment processing services (“Services”) CASH BULLS provides. Services also includes CASH BULLS’ payment processing services, as well as our website, any software, programs, documentation, tools, hardware, internet-based services, components, and any updates (including software maintenance, service information, help content, bug fixes or maintenance releases) there to provided to you by CASH BULLS, directly or indirectly. This Agreement shall be effective upon acceptance by CASH BULLS. It shall continue indefinitely unless and until terminated by either party.
Sub-Merchant and CASH BULLS have entered into the Agreement which sets forth, among other things, terms and conditions under which CASH BULLS will provide Sub-Merchant with the Services that facilitate Sub-Merchant’s acceptance of credit and debit card payments for products and services provided to customers. CASH BULLS has an agreement with an Acquirer and a Bank who collectively provide payment processing and Card sponsorship to CASH BULLS on behalf of its Sub- Merchants.
In exchange for CASH BULLS, (the Guaranteed Party) acceptance of, as applicable, the Agreement, the undersigned (“Guarantor”) unconditionally and irrevocably guarantees the full payment and performance of Sub-Merchant’s obligations under this Agreement, as applicable, as they now exist or as modified from time to time, whether before or after termination or expiration of the Agreement and whether the undersigned has received notice of any amendment of the Agreement. The Guarantor waives notice of default by Sub-Merchant and agrees to indemnify the Guaranteed Party for all amounts due from Sub-Merchant under this Agreement. The Guaranteed Party shall not be required to first proceed against Sub-Merchant to enforce any remedy before proceeding against the undersigned. This is a continuing personal guarantee and shall not be discharged or affected for any reason. The undersigned understands that this is a Personal Guaranty of payment and not of collection and that the Guaranteed Partyare relying upon this Personal Guaranty in entering into the Agreements, as applicable.
We reserve the right, at our sole discretion, to amend, change or modify portions of this Agreement at any time. When we do this, we will post the revised Terms and Conditions onwww.cashbulls.ioand will indicate the date of such revision. Your continued use of the Services after the date of any such changes constitutes your acceptance of the new terms and conditions of the Agreement.
By Clicking “I Agree”, you agree to be bound by all Terms and Conditions of this Agreement, including, without limitation, all documents, policies, and procedures incorporated herein by reference. You further agree that your electronic signature has the same effect as your manual, physical signature. Your electronic signature (via “click-through” or other method) has the same effect as if you signed them in ink.
This Agreement governs your relationship with us and becomes effective when you click “I Agree” (“Effective Date”) and is accepted by CASH BULLS. To use the Service, you must agree to all the terms of this Agreement. Sub-Merchant may begin to sell its products and services and use the Services after approval of the account (“Account”).
CASH BULLS provides the Service to you to facilitate payments to Sub-Merchant by card and direct debit payments. These transactions are between Sub-Merchant and their customers. The Services are intended to be used for business purposes and not for personal, family, or household use. The Services allow you to accept valid payments from your customers using credit and debit cards (“Card(s)”) issued by members of Visa, Mastercard, Discover, American Express (collectively “Card Organizations”) and other financial service Card Organizations, including ATM/Debit networks (together herein known as “Card(s)”); Visa, Mastercard, ATM/Debit Networks, and the other financial service Card Organizations shall be collectively known as “Card Brands”.
For payments by Card, CASH BULLS initiates the payment process by providing information to a processor that sends it to a bank that is a member of one of the Card Organizations. The processor and member bank are referred to collectively as the "Bank". The Bank is obligated to pay Sub-Merchant under both (a) the provisions of its agreement with CASH BULLS, and (b) the by-laws, Rules, policies, and procedures ofthe Card Organizations as in effect from time to time (the "Rules"), that make the Bank responsible for settling with you as a Sub-Merchant. As the provider of the Services, we have certain obligations under the Rules.
CASH BULLS’ Role and Responsibilities
CASH BULLS provides data processing services for Sub-Merchants. CASH BULLS is a Payment Service Provider ("PSP"), not a bank, money transmitter, or Money Services Business ("MSB"), and we do not offer banking or MSB services. As a PSP, CASH BULLS collects, analyzes, and relays information generated in connection with payments between Sub-Merchants and its customers. You authorize CASH BULLS to provide this information to the Bank in order for the Bank to facilitate payments from your customers to you through the Card Organizations, or the ACH, as applicable. As a result, the Bank - and not CASH BULLS - actually conducts the settlement of card transactions and direct debit payments to Sub-Merchants. CASH BULLS does not at any point hold, own or control funds in connection with the Services, nor does CASH BULLS transmit money or monetary value. In connection with the Services, CASH BULLS does not actually or constructively receive, take possession of, or hold any money or monetary value for transmission, and does not advertise, solicit, or hold itself out as receiving money for transmission. The Bank is the party with the sole responsibility for conducting the settlement of funds between Sub-Merchants and its customers. In order to act as a PSP, CASH BULLS must enter into agreements with the Card Organizations, processors, and the Bank. You are not a third-party beneficiary of these agreements. Each of the Card Organizations is a third-party beneficiary of this Agreement and has beneficiary rights, but not obligations, and may enforce this Agreement against you.
Sub-Merchant Account & Verification
CASH BULLS allows businesses to register for the Services without restrictions except FATF' blacklist countries (including but not limited to the Russian Federation, Eritrea). A Sub-Merchant who opens an Account must be eighteen (18) years of age or older. You may open an Account for a business or nonprofit organization only if it is legitimate and you have the authority to enter into this Agreement on its behalf. Your acceptance of this Agreement constitutes acceptance by the business or nonprofit organization. Each Account must be linked to a verified bank account.
A Sub-Merchant enters into a contractual relationship with CASH BULLS. CASH BULLS asks Sub-Merchant for additional information, such as street address, telephone number, and date of birth to verify your identity. You authorize CASH BULLS to obtain consumer reports and background checks from a credit reporting agency and/or a third-party that conducts identity and background checks on the signer of the application, owners, partners, or members with 25% or more ownership, and principal shareholders, if the entity is a corporation and the person that has managerial control of the business, if different than the signer. You agree to provide supplemental documentation upon request (including but not limited to articles of incorporation, articles of organization, passports, driver's license and/or a business license). You authorize CASH BULLS, directly or through third parties, to make inquiries or verify that this information is accurate (for example, through social media or third-party databases).
Your use of Card Organization logos and marks (“Marks”) is governed by the Rules; you must familiarize yourself with and comply with these requirements. The Card Organizations are the sole and exclusive owners of their respective Marks. The Sub-Merchant agrees not to contest the ownership of the Marks for any reason. The Card Organizations may at any time, immediately and without advance notice, prohibit the Sub-Merchant from using any of the Marks for any reason. The Card Organizations have the right to enforce any provision of the Rules and to prohibit the Sub-Merchant and CASH BULLS from engaging in any conduct the Card Organizations deem could injure or could create a risk of injury to the Card Organizations, including injury to reputation, or that could adversely affect the integrity of the Interchange System. The Sub- Merchant will not take any action that could interfere with or prevent the exercise of this right by the Card Organizations. On an ongoing basis, the Sub-Merchant is promptly to provide CASH BULLS with the current address of each of its offices, all “doing business as” (DBA) names used by the Sub-Merchant, and a complete description of goods sold and services provided.
CASH BULLS will review the information that you submit in connection with your request to sign up for the Services. You must provide accurate and complete information. If we cannot verify that this information is complete and accurate, your identity cannot be validated, or creditworthiness determined unsatisfactory, we may deny your use of our Service, or close your Account, if it was previously approved. These are not all the reasons an account may be declined. Your Account could be declined for compliance reasons, as well. CASH BULLS may close your Account at any time, with or without cause, with or without notice.
You agree that CASH BULLSmay share information about you and your Account with its processor and/or the Bank. After you submit your application, CASH BULLS or its processor and/or the Bank may conclude that you will not be permitted to use the Services. You also agree that CASH BULLS is permitted to share information about you and your application (including whether you are approved or declined), and your Account with the Card Organizations, your bank or other financial institution. This includes sharing information (a) about your transactions for regulatory or compliance purposes, (b) for use in connection with the management and maintenance of the Service, (c) to create and update their customer records about you and to assist them in better serving you, and (d) to conduct CASH BULLS’ risk management process.
You agree that CASH BULLS may periodically obtain additional consumer reports to determine whether you continue to meet the requirements for an Account.
By applying as a CASH BULLS Sub-Merchant, you confirm that you will not accept payments or use the Service in any of the categories/businesses, or engage in any of the activities (as may be updated by Bank, the Card Organizations, and/or CASH BULLS in their sole discretion from time to time) outlined in Schedule B. The prohibited lists for FIS and Fiserv are listed in Schedule B.
If CASH BULLS determines that you have received funds resulting from fraud or a prohibited activity, those funds may be held, voided, or returned. In addition, if we reasonably suspect that your Account has been used for an unauthorized, illegal, or criminal purpose, you give us express authorization to share information about you, your Account, your access to the Services, and any of your transactions with law enforcement.
E-Sign Disclosure and Consent
By accepting this Agreement, you agree and consent to receive electronically all communications, agreements, documents, notices, and disclosures (collectively, "Communications") that we provide in connection with your Account and your use of the Service by posting it on our website, uploading it to your specific CASH BULLS portal, text messaging or emailing it to the address listed in your Account. You also agree that electronic disclosures and notices have the same meaning and effect as if we had provided you with paper copies, whether or not you choose to view or print or download the disclosure or other notification. Such disclosures and notices are considered received by you within 24 hours of the time posted to our website, or within 24 hours of the time emailed to you unless we receive notice that the email was not delivered. Communications include but not limited to:
Hardware and Software Requirements
In order to access and retain electronic Communications, you will need the following computer hardware and software:
1. A computer with an Internet connection.
2. A modern web browser that includes 128-bit encryption, such as the current version of Chrome (www.google.com/chrome), Internet Explorer (www.microsoft.com/ie), Mozilla Firefox (www.mozilla.com), or Apple Safari (www.apple.com/safari);
3. Adobe Acrobat Reader version 8.0 and above to open documents in PDF format.
4. A valid email address (your primary email address registered with CASH BULLS); and
5. Sufficient storage space to save past Communications or an installed printer to print them.
Updating Your Contact Information
It is your responsibility to keep your primary email address up to date. You understand and agree that if CASH BULLS sends you an electronic Communication, but you do not receive it because your primary email address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, CASH BULLS will be deemed to have provided the Communication to you. Please note that if you use a spam filter that blocks or re- routes emails from senders not listed in your email address book, you must add CASH BULLS to your email address book so that you will be able to receive the Communications we send to you. You can update your primary email address or street address at any time by calling CASH BULLS Customer Service at +44 (745) 819-79-17.
You authorize the Bank to hold, receive, disburse, and settle funds on your behalf. Your authorization permits the Bank to generate a paper draft or electronic funds transfer to process each payment transaction that you authorize. Subject to this Agreement, you also authorize the Bank to debit or credit any payment card or other payment method we accept.
You authorize the Bank to initiate electronic ACH entries to each bank account that you set up and to initiate adjustments for any transactions credited or debited in error. You agree to be bound by the ACH Rules. Your authorization will remain in full force and effect until you notify us that you revoke it by contacting CASH BULLS at +44 (745) 819-79-17 or by closing your Account. You understand that CASH BULLS requires a reasonable time to act on your revocation.
The Bank will hold any funds associated with your Account in an account separate from any account used for CASH BULLS’ corporate funds. CASH BULLS will not and cannot use your funds for our corporate purposes (including the granting of any security or similar interest), will not voluntarily make funds available to our creditors in the event of bankruptcy or for any other purpose, and will not knowingly permit our creditors to attach the funds. You will not receive interest or any other earnings on any funds that the Bank holds for you. As consideration for using the Service, you irrevocably assign to us or the Bank all rights and legal interests to any interest and/or other earnings or benefits that may accrue or are attributable to the Bank holding your funds in a pooled account. If your Account is negative for an extended period of time (as defined by CASH BULLS in its sole discretion), the Bank may close your Account and we may pursue legal action or other collection efforts.
CASH BULLS supports most domestic credit, debit, prepaid or gift cards with a Visa, Mastercard, American Express or Discover logo. In addition, CASH BULLS supports most international cards with these logos. We may add or remove support for certain payment cards at any time without prior notice. We may elect only to process cards that receive an authorization from the applicable issuer. You understand that there may be times when the customer may not be the authorized user of the Card or that such customer may otherwise contest the transaction through the Chargeback process. You agree to comply with the Chargeback process and the liability associated with such Chargebacks. You agree to provide CASH BULLS with a list of all of the cards issued by Card Organizations that CASH BULLS supports, and you intend to accept in accordance with the terms of this Agreement. CASH BULLS also supports payments via bank account. We may conduct verification checks on customers to ensure account ownership and sufficient balance, and we may refuse to process payments from customers at our discretion.
Compliance with Rules and Laws
You must comply with all rules and Rules issued from time to time by the Bank (as CASH BULLS) makes them available from time to time) and Card Organizations; any policies, procedures, and instructions provided by us; and the Payment Card Industry Data Security Standards ("PCI DSS") and the Payment Application Data Security Standard (“PA-DSS”) (collectively, "Rules"). The Rules are incorporated into this Agreement by reference as if they were fully set forth in this Agreement. You shall comply with all applicable national, federal, state, and local laws, rules, regulations, requirements, or other standards established by any governmental authority having jurisdiction to control such activities (“Applicable Law”), including, without limitation, those relating to anti-money laundering compliance, Office of Foreign Asset Control compliance, the Federal Trade Commission, bank regulatory authorities, and state and local consumer protection agencies. You will assist us in complying in a complete and timely manner with all Laws and Rules, now or hereafter applicable to any Card transaction or this Agreement. You will execute and deliver to us any information we may reasonably deem necessary. If any terms of this Agreement conflict with the Rules, the Rules will govern. For example, where you accept payment cards on your website, you will display each card’s logo with equal size and prominence, and you shall not display a preference for, or discriminate against, one card brand over another. If you are required to enter into such an agreement and decline to do so, we may suspend or terminate your Account.
Notwithstanding CASH BULLS’ assistance in understanding the Rules, you expressly acknowledge and agree that you are assuming the risk of compliance with all provisions of the Rules, regardless of whether you have possession of those provisions. The Card Organizations make excerpts of their respective Rules available on their websites (including www.visa.com, www.mastercard.com, www.americanexpress.com and www.discover.com).
Payment Card Industry Data Security Standard (PCI-DSS)
"Cardholder Data" is information associated with a payment card, such as account number, expiration date, and CVV2. CASH BULLS will maintain all applicable PCI DSS requirements to the extent CASH BULLS possesses or otherwise stores, processes, or transmits cardholder data on your behalf, or to the extent CASH BULLS could impact the security of your cardholder data environment.
You agree to comply at all times with PCI DSS. Further, you agree to certify such compliance and provide documentation in accordance with the Rules, or when asked by CASH BULLS to become compliant. You also agree that you will use only PCI compliant service providers in connection with the storage, processing, or transmission of Cardholder Data.
You are fully responsible for the security of data (including but not limited to Cardholder Data) on your website or otherwise in your possession or control. You agree to comply with all applicable laws and Rules in connection with your collection, security, and dissemination of any personal, financial, or transaction information.
Unless you receive the express consent of your customer, you may not retain, track, monitor, store, disclose or otherwise use data (e.g., to send any marketing or promotional materials to Customer) except for the transaction for which it was given and any post-transaction activities in connection with such immediate transaction (e.g., chargeback).
In the event of a data breach in which the Card Organizations have determined you were not in compliance during the time of the breach, you will be responsible for any fines and/or penalties that they assess.
You agree that CASH BULLS is permitted to share information about you and your application (including whether you are approved or declined), and your Account with your bank or other financial institution. This includes sharing information (a) about your transactions for regulatory or compliance purposes; (b) for use in connection with the management and maintenance of the Service; (c) to create and update their customer records about you and to assist them in better serving you; and (d) to conduct CASH BULLS’ risk management process.
In addition, we may share some or all of the information about you and your transactions with our processor, the Networks, and our other partners (and their respective affiliates, agents, subcontractors, and employees), who may use this information to perform their obligations under their agreements with CASH BULLS, to operate and promote the respective Card Organizations, to perform analytics and create reports, to prevent fraud, and for any other lawful purpose.
Transactions and Limits
Transactions may have various states such as Pending, Received, Approved, Declined, or Error. If a transaction is "Pending", it is waiting for a response from the processor. "Received" indicates that a transaction has been received but does not have a definitive status. The transaction may be in review. The transaction could later be “voided”, which indicates the transaction was stopped or reversed. This could be due to inaccurate or incomplete information about your
Account, our inability to validate the legitimacy of a payment, customer, or Sub-Merchant, or another proprietary reason. You should check the Declined report to obtain the status of these transactions. You also may contact CASH BULLS for more information. Although payments are voided, the removal of an authorization on a customer credit card or a return of funds to a customer bank account may not be immediate, and CASH BULLS cannot guarantee availability of funds within a specific timeframe.
“Approved” indicates that a transaction has cleared, and the funds will be made available in the Sub-Merchant's Account. If CASH BULLS determines that the transaction is related to a restricted or prohibited business or activity or that the transaction is the result of fraudulent activity or the transaction was on the Sub-Merchant’s personal credit/debit card, CASH BULLS may reverse or refund the transaction at any time.
"Declined” indicates that a transaction could not be processed due to inaccurate Account information, insufficient funds, or another transaction-related reason.
An “Error” response indicates an error with the submission of the transaction. You must fix the error prior to resubmitting the transaction. Upon the release of transaction information by CASH BULLS a Customer will be debited or charged by the Bank. The Sub-Merchant agrees that theCustomer's obligation to the Sub-Merchant is treated as paid at the time of (a) the release of this transaction information when a transaction enters the "Approved" state; and (b) the related initiation of processing by the Bank. After the initiation of processing by the Bank, Sub-Merchant agrees not to attempt to collect or otherwise seek payment from the Customer, because Sub-Merchant agrees Customer's obligation to the Sub-Merchant has been conclusively discharged. Sub-Merchant agrees that the Customer is a third-party beneficiary of the preceding two sentences. Transactions may stay in a "Received" state before "Approved" if CASH BULLS is reviewing transactions for risk purposes. Transactions in this state should not be treated as paid until they are "Approved". Transactions may be disputed, regardless of state, by the Customer. Disputes resolved in favor of the Customer may result in reversal of the disputed transaction, regardless of state.
CASH BULLS reserves the right to limit or restrict transaction size or volume at any time. If you would like to increase your limits, please contact CASH BULLS at +44 (745) 819-79-17. Upon receiving this request, CASH BULLS will conduct a review of your Account, and decide whether to lift or remove these limits. CASH BULLS will consider a variety of factors in making this decision and will make this determination at its sole discretion.
All transactions are subject to review for risk and compliance purposes and can be delayed or postponed at CASH BULLS ’ sole discretion.
Deposit of Funds
The Bank will transfer funds to the Sub-Merchant's bank account as instructed by CASH BULLS. The Bank will transfer funds no more than thirty (30) days after funds settle to the Bank, subject to any “Hold” or "Reserve" imposed under the Reserve Section below. If the Bank cannot transfer the funds to the Sub-Merchant's bank account (due to inaccurate or obsolete bank account information entered by the Sub-Merchant, or for any other reason), CASH BULLS may return the funds to the Customer or escheat them pursuant to Section 20. Neither the Bank, CASH BULLS, nor the Customer will have any liability to Sub-Merchant for funds returned in this manner.
Settlements to a bank account may be limited or delayed based on your perceived risk and history with CASH BULLS. If you would like to request an increase to your settlement limit, please contact CASH BULLS at +44 (745) 819-79-17. Upon receiving this request, CASH BULLS will conduct a review of your account. CASH BULLS will consider a variety of factors in making this decision and will make this determination at its sole discretion.
Should CASH BULLS need to conduct an investigation or resolve any pending dispute related to your Account, the Bank may defer payout or restrict access to your funds for the entire time it takes us to do so. The Bank may also defer payout or restrict access to your funds as required by law or court order, or if otherwise requested by law enforcement or governmental entities.
Furthermore, if CASH BULLS or the Bank suspects future chargebacks or disputes as a result of transactions to your Account, the Bank may defer payout and/or restrict access to your funds until CASH BULLS or the Bank reasonably believes, in their sole discretion, that the risk of receiving a chargeback or dispute has passed.
All settlements to Sub-Merchants are subject to review for risk and compliance purposes and can be delayed or postponed at CASH BULLS’ sole discretion.
The Bank, at any time, may temporarily suspend or delay payments to you and/or designate an amount of funds that the Bank must maintain in your Account ("Reserve") to secure the performance of your payment obligations under this Agreement. We may require a Reserve for any reason, including high chargeback risk or indications of performance problems related to your use of the Service.
The Reserve will be in an amount as reasonably determined by us to cover anticipated chargebacks, returns, unshipped merchandise and/or unfulfilled services or credit risk based on your processing history or such amount designated by our processor. The Reserve may be raised, reduced, or removed at any time by CASH BULLS, in its sole discretion, based on your payment history, a credit review, the amount of any arbitration award or court judgment against you in CASH BULLS’ favor, or otherwise as CASH BULLS or its processor or the Bank may determine or require. If you do not have sufficient funds in your Reserve, the Bank may fund the Reserve from any funding source associated with your Account, or from any other Account under your control or any funding source associated with such other Account, including but not limited to any funds (a) credited to your Account, (b) due to you under this Agreement, or (c) available in your bank account, or other payment instrument registered with us.
You grant us a security interest in and lien on any and all funds held in any Reserve, and also authorize us to make any withdrawals or debits from the Reserve, without prior notice to you, to collect amounts that you owe us under this Agreement, including without limitation for any reversals of deposits or transfers made to your Account. You will execute any additional documentation required for us to perfect our security interest in any funds in the Reserve. This security interest survives for as long as we hold funds in your Reserve; however, it does not apply to any funds for which the grant of a security interest would be prohibited by law. You irrevocably assign to us all rights and legal interests to any interest or other earnings that accrue or are attributable to your Reserve. You will not be entitled to a return of any sums remaining in reserve for up to 270 days following termination of your Account.
CASH BULLS charges fees to you for using the Service. The Bank withholds these fees from payments received by you. These fees are netted by the Bank against other funds due to you or debited by the Bank from your bank account. If you owe CASH BULLS money, the Bank may deduct that money from your incoming payments or debit your bank account, to the extent permitted by law. The Bank may set off any obligation you owe us under this Agreement (including chargebacks) against any credit in your Account or against any amounts due to you. All Fees are deducted first from the transferred or collected funds and thereafter from your Account. If you do not have sufficient funds, the Bank may collect from any funding source associated with your Account. If the fee amount is returned by the bank for any reason, an ACH Reject fee of $25.00 will be assessed to you. You agree to pay CASH BULLS the fees that are listed on the Fee Disclosure page of the Sub-Merchant Processing Agreement, or as amended from time to time by CASH BULLS (the "Fees"). Subject to the terms of this Agreement, we reserve the right to change our Fees at any time. By continuing to use the Service, you consent to the change in Fees. To withdraw your consent, you must close your Account. Merchant may terminate the Merchant Agreement without any early termination fee or other penalty within ninety (90) days of receiving such notice.
Fees that you pay to process a card transaction, commonly called merchant discount, is a combination of base costs and markups. Base fees consist of interchange and assessments. They are the same for all processors. Interchange is the largest part of the Fees that you will pay. This Interchange goes to the card-issuing banks. None of this Fee is realized as revenue to the processor or the Card Organizations.
The Card Organizations charge assessments on every transaction. Assessments are the same for all processors and no processor can give you a lower rate. This is how the Card Organizations yield a profit. The types of fees are expansive and have historically changed once or twice a year. The processing fees include the following; however, may not be all inclusive: Visa Fixed Acquirer Network Fee (FANF), Visa ACQ Processing Fee, Visa Misuse of Auth Fee, Visa Zero Floor Limit Fee, Visa International Acquirer Fee, Visa Kilobyte Fee, Visa ADF Partial Auth Non Participation Fee, FANF, Visa ACQ ISA Fee, Visa Trans Integrity Fee, Visa Proc Fee, Visa BIN Fee, Mastercard Kilobyte Fee, Mastercard Proc Fee, Mastercard AVS Fee, Mastercard CVC2 Fee, Mastercard Acquirer Support Fee, Mastercard Cross Border Fee, Mastercard National Acquirer Brand Usage Fee (NABU), Mastercard Processing Integrity Fee, MC ICA AVS Fee, MC Digital Fee, MC License Fee, MC Location Fee, Mastercard Business to Business US Fee, Discover Network Authorization Fee, Discover International Processing Fee, Discover International Service Fee, Discover Data Usage, American Express Network Fee, American Express System Processing Fee, Jeanie/Pulse/
NYCE/Accel, Debit Networks Annual Fee, and Star Debit Network Annual Fee. Card Fees apply to Visa, Mastercard, Discover and American Express.
These Fees may be identified separately on your statement based on the type of pricing you chose. If your pricing structure is interchange plus; sometimes referred to as cost plus, the assessments are passed directly to you, and you will see the Fees displayed on your statement. If your price structure is a bundled rate; sometimes called a one-rate or two- rate price plan, these Fees are included in the rate and will not be displayed independently.
Monthly fees, pin-based debit fees, gateway fees and miscellaneous/other fees may be assessed. Examples of other charges that may be assessed include an authorization or transaction fee, International Surcharge, the use of Account Updater, a set-up and/or monthly service fee, batch fee, monthly minimum fee, PCI non-compliance fee and an early termination fee. You will be responsible for any fees that apply due to fraudulent transactions including but not limited to card testing. Card testing occurs when someone tries to determine if stolen card information can be used to make purchases by attempting authorizations using your payment page. We also charge you Fees for processing exceptions, such as when a Sub-Merchant receives a retrieval request or chargeback. If you purchase any payment processing equipment from CASH BULLS you will also be charged shipping and handling fees and sales tax, if applicable.
This Agreement shall be effective upon acceptance by CASH BULLS. It shall continue indefinitely unless and until terminated by either party. If the Merchant or CASH BULLS terminates the Agreement prior to the initial two years (24 months) of this Agreement, an early termination fee may be assessed, as disclosed in the Fee Disclosure page in the Sub-Merchant Processing Agreement.
CASH BULLS or the Bank may have tax reporting responsibilities in connection with the Service. However, you are responsible for determining all taxes assessed, incurred, or required to be collected, paid, or withheld, in connection with your use of the Service. You are solely responsible for collecting, withholding, reporting, and correctly remitting any taxes to the appropriate tax authority. CASH BULLS is not obligated to, and will not, determine whether taxes apply, or calculate, collect, report, or remit any taxes to any tax authority arising from your use of the Service.
During the term of this Agreement, CASH BULLS shall be the exclusive provider of the Services. “Merchant” or “Sub-Merchant” shall not seek or accept services similar to the Services from other providers unless the prior written approval is obtained from CASH BULLS.
Representations and Warranties
You represent and warrant to us that: (a) you are eligible to register and use the Service and have the right, power, and ability to enter into and perform under this Agreement; (b) the name identified by you when you registered is your business name under which you sell goods and services; (c) any sales transaction submitted by you will represent a bona fide sale by you; (d) any sales transactions submitted by you will accurately describe the goods and/or services sold and delivered to a Customer; (e) you will fulfill all of your obligations to each Customer for which you submit a transaction and will resolve any consumer dispute or complaint directly with the Customer; (f) you and all transactions initiated by you will comply with all federal, state, and local laws, rules, and regulations applicable to your business, including any applicable tax laws and regulations; (g) except in the ordinary course of business, no transaction submitted by you through the Service will represent a sale to any principal, partner, proprietor, or owner of your entity; (h) you will not use the Service, directly or indirectly, for any fraudulent undertaking or in any manner so as to interfere with the use of the Service; (i) your use of the Service will be in compliance with this Agreement. For additional transaction criteria, refer to Schedule C.
You are solely responsible for all customer service issues relating to your goods or services, including pricing, order fulfillment, order cancellation by you or the Customer, returns, refunds and adjustments, rebates, functionality and warranty, technical support and feedback concerning experiences with your personnel, policies, or processes. In performing customer service, you will always present yourself as a separate entity from CASH BULLS. You will cooperate with CASH BULLS to ensure that Customers have access to clear customer service information, including an active customer service email address and telephone number.
Refunds and Returns
You agree to process returns and provide refunds and adjustments for goods or services through your Account in accordance with this Agreement and the Rules and ACH Rules. The Rules require that you will (a) maintain a fair return, cancellation, or adjustment policy; (b) disclose your return or cancellation policy to Customers at the time of purchase, (c) not give cash refunds to a Customer in connection with a payment card sale, unless required by law, and (d) not accept cash or any other item of value for preparing a payment card sale refund. You will not submit a refund relating to any transaction not originally submitted to us, nor will you submit a refund that exceeds the amount of the original transaction. Your refund policies must be the same for all payment methods. If your Customer is dissatisfied with your refund policy, the Customer may dispute the payment.
Retrieval & Chargeback Handling
A retrieval request occurs when the card issuer asks for a copy of the actual sales receipt or invoice of a transaction. This is the first step the issuer may take prior to the transaction being disputed and becoming a chargeback. A fee may be assessed for each retrieval request. The amount of a payment may be charged back to you if (a) it is disputed by a Customer, (b) it is reversed for any reason, (c) it was not authorized or we have any reason to believe that the transaction was not authorized, or (d) it is unlawful, suspicious, or in violation of the terms of this Agreement. If a chargeback occurs, you owe us and will immediately pay us the amount of any chargeback and any associated fees, fines, or penalties assessed by the Bank, our processor, or the Card Organizations. If you do not have sufficient funds in your Account, we will have the remedies set forth in the "Collection Rights" section below. If you have pending chargebacks, the Bank may delay payouts to you. You are responsible for all chargebacks, whether or not the chargeback complies with the Rules.
Further, if we reasonably believe that a chargeback is likely with respect to any transaction, the Bank may withhold the amount of the potential chargeback from payments otherwise due to you under this Agreement until such time that: (a) a chargeback is assessed due to a Customer's complaint, in which case the Bank will retain and refund the funds; (b) the period of time under applicable law or regulation by which the Customer may dispute that the transaction has expired; or (c) we determine that a chargeback on the transaction will not occur.
If we determine that you are incurring an excessive amount of chargebacks, CASH BULLS or the Bank may establish controls or conditions governing your Account, including without limitation, by (a) assessing additional Fees; (b) creating a Reserve in an amount reasonably determined byus to cover anticipated chargebacks and related fees; (c) delaying payouts; and/or (d) terminating or suspending the Service or closing your Account.
You agree to assist us when requested, at your expense, to investigate any of your transactions processed through the Service. To that end, you permit us to share information about a chargeback with the Customer, the Customer's financial institution, and your financial institution in order to investigate and/or mediate a chargeback. We will request necessary information from you to contest the chargeback. If the chargeback is contested successfully, we will release the reserved funds to you. If a chargeback dispute is not resolved in your favor by the Card Organizations or issuing bank or you choose not to contest the chargeback, we may recover the chargeback amount and any associated fees as described in this Agreement. You acknowledge that your failure to assist us in a timely manner when investigating a transaction, including providing necessary documentation within seven (7) days of our request, may result in an irreversible chargeback. We reserve the right, upon notice to you, to charge a fee for mediating and/or investigating chargeback disputes.
If you owe CASH BULLS money, the Bank may deduct that money from your incoming payments or debit your bank account, to the extent permitted by law. The Bank may set off any obligation you owe us under this Agreement (including chargebacks) against any credit in your Account or against any amounts due to you. All Fees are deducted first from the transferred or collected funds and thereafter from your Account. If you do not have sufficient funds, the Bank may collect from any funding source associated with your Account, or from any other Account under your control, or from any funding source associated with such other Account, including but not limited to any funds (a) deposited by you, (b) due to you under this Agreement, or (c) available in your bank account, or other payment instrument registered with the Bank. Your failure to pay in full amounts that you owe us on demand will be a breach of this Agreement. You will be liable for our costs associated with collection in addition to the amount owed, including without limitation attorneys' fees and expenses, collection agency fees, and interest at the lesser of one and one-half percent (11⁄2%) per month or the highest rate permitted by law. In its discretion, CASH BULLS may make appropriate reports to credit reporting agencies and law enforcement authorities and cooperate with them in any resulting investigation or prosecution. You hereby expressly agree that all communication in relation to delinquent accounts will be made by electronic mail, by phone, or any other means as provided by you to CASH BULLS. Such communication may be made by CASH BULLS or by anyone on its behalf, including but not limited to a third-party collection agent.
Direct Relationship with Bank
Sub-Merchant understands that the Bank and/or Card Organizations may require a direct agreement with you. In the event that more than $1,000,000 in Visa transactions and/or $1,000,000 in Mastercard transactions (or such other amount provided by the Rules (“Benchmark Amount”) is processed through and on behalf of Sub-Merchant in any 12-month period, Sub-Merchant will automatically be deemed to have accepted, and will be bound by, the “Merchant Services Agreement for Sub-Merchants'' with Acquirer which is set forth in Schedule A to this Agreement, if it applies to you. The terms of which will be independently enforceable by Acquirer. By agreeing to this Agreement (by "click through" or otherwise), you also agree to the terms and conditions of the Merchant Services Agreement for Sub-Merchant, which constitutes a legal binding contract between you and WorldPay, Inc. or Fiserv, Inc., whichever one applies and its designated Member Bank.
Term & Termination
This Agreement shall be effective upon acceptance by CASH BULLS. It shall continue indefinitely unless and until terminated by either party. If Sub-Merchant closes the account, they will be responsible for all fees assessed in the month of closure. If either party terminates this Agreement during the first two years (24 months), a termination fee may be assessed and electronically debited from the merchant's account.
When you close your Account, any pending transactions may be cancelled. Any funds that the Bank is holding in custody for you at the time of closure, less any applicable Fees, will be paid out to you. If an investigation is pending at the time you close your Account, the Bank may hold your funds as described herein. If you are later determined to be entitled to some or all of the funds in dispute, the Bank will release those funds to you.
We may terminate this Agreement and close your Account for any reason or no reason at any time upon notice to you. We may also suspend the Service and instruct the Bank to suspend access to your Account (including the funds in your account) if you(a) have violated the terms of CASH BULLS' policies or this Agreement; (b) pose an unacceptable credit or fraud risk to us; or (c) provide any false, incomplete, inaccurate, or misleading information or otherwise engage in fraudulent or illegal conduct. If your Account is terminated for any reason or no reason, you agree: (a) to continue to be bound by this Agreement; (b) to immediately stop using the Service and to remove all Card Organization logos from your website and wherever else they are displayed; (c) that the license provided under this Agreement shall end; (d) that we reserve the right (but have no obligation) to delete all of your information and Account data stored on our servers; and (e) that CASH BULLS shall not be liable to you or any third-party for termination of access to the Service, deletion of your information or Account data, or export of your information or Account data.
We will not be liable to you for compensation, reimbursement, or damages in connection with any termination or suspension of the Service. Any termination of this Agreement does not relieve you of any obligations to pay any Fees or costs accrued prior to the termination and any other amounts owed by you to us as provided in this Agreement.
If there is no activity in your Account (including access or payment transactions) for twelve (12) months or more, CASH BULLS may close your Account with or without notice. If there is no activity in your Account (including access or payment transactions) for the period of time set forth in the applicable unclaimed property laws, and you have a credit, we may notify you by sending an email to your registered email address. We will give you the option of keeping your Account open, withdrawing the funds, or requesting a check. If you do not respond to our notice within the time period specified in the notice, we may close your Account and the Bank will escheat your funds in accordance with applicable law.
CASH BULLS may transfer or assign the Agreement at any time; however, you may not transfer or assign the Agreement.
Intellectual Property Rights
All rights, title, and interest in and to all intellectual property related to the Services (including without limitation, the content of any materials, web screens, layout, processing techniques, procedures, algorithms, and methods), owned, developed, or licensed by us prior to, during the term of, or after the Agreement shall be and remain our exclusive property. CASH BULLS owns the title, copyright and other worldwide intellectual property rights in the Service and all copies of the Service. This Agreement does not grant you any rights to CASH BULLS’ trademarks or service marks, nor may you remove, obscure, or alter any of CASH BULLS' trademarks or service marks included in the Service.
You may choose to, or we may invite you to, submit comments or ideas about the Service, including without limitation about how to improve the Service or our products ("Feedback"). By submitting Feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place CASH BULLS under any fiduciary or other obligation, and that we are free to use the Feedback without any additional compensation to you, and/or to disclose the Feedback on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, CASH BULLS does not waive any rights to use similar or related ideas previously known to CASH BULLS, or developed by its employees, or obtained from sources other than you.
Security & Privacy
You will indemnify, defend and hold us and our processors and partners harmless (and our and their respective employees, directors, agents, affiliates and representatives) from and against any and all claims, costs, losses, damages, judgments, tax assessments, penalties, interest, and expenses (including without limitation reasonable attorneys' fees) arising out of any claim, action, audit, investigation, inquiry, or other proceeding instituted by a third-party person or entity that arises out of or relates to: (a) any actual or alleged breach of your representations, warranties, or obligations set forth in this Agreement, including without limitation any violation of our policies or the Rules; (b) your wrongful or improper use of the Service;(c) any transaction submitted by you through the Service (including without limitation the accuracy of any product information that you provide or any claim or dispute arising out of products or services offered or sold by you); (d) your violation of any third-party right, including without limitation any right of privacy, publicity rights or intellectual property rights; (e) your violation of any Applicable Law, rule or regulation any other country; (f) any other party's access and/or use of the Service with your unique username, password or other appropriate security code.
The service is provided on an "AS IS'' and "AS AVAILABLE" basis. Use of the service is at your own risk. To the maximum extent permitted by applicable law, the service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No advice or information, whether oral or written, obtained by you from CASH BULLS or through the service will create any warranty not expressly stated herein.
Without limiting the foregoing, CASH BULLS, its processors, its providers, its licensors and the bank (and their respective subsidiaries, affiliates, agents, directors, and employees) Do not warrant that the content is accurate, reliable or correct; that the services will meet your requirements; that the services will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the service is free of viruses or other harmful components. CASH BULLS does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third-party through the service or any hyperlinked website or service, or featured in any banner or other advertising, and CASH BULLS will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.
All third-party hardware and other products included or sold with the services are provided solely according to the warranty and other terms specified by the manufacturer, who is solely responsible for service and support for its product. For service, support, or warranty assistance, you should contact the manufacturer or distributor directly. CASH BULLS makes no warranties, express or implied, with respect to such third-party products, and expressly disclaims any warranty or condition of merchantability,non-infringement, or fitness for a particular purpose .
Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall CASH BULLS, its processors, suppliers, licensors, associations, or the Bank (or their respective affiliates, agents, directors and employees) be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, that result from the use of, inability to use, or unavailability of the service. Under no circumstances will CASH BULLS be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the service or your CASH BULLS account or the information contained therein. In no event will CASH BULLS (“CASH BULLS”) be liable for any incidental, consequential, or cover damages arising out of your use of or inability to use third-party products or any amount in excess of the amount paid by you for the product that gives rise to any claim.
To the maximum extent permitted by applicable law, CASH BULLS, its processors, the care organizations, and the Bank (and their respective affiliates, agents, directors, and employees) assume no liability or responsibility for any (I) errors, mistakes, or inaccuracies of content; (II) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the service; (III) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (IV) any interruption or cessation of transmission to or from the service, or any delay in performing our obligations under this Agreement, regardless of whether the failure or delay is caused by an event or condition beyond our control; (V) any bugs, viruses, trojan horses, or the like that may be transmitted to or through the service by any third-party; (VI) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the service; and/or (VII) user content or the defamatory, offensive, or illegal conduct of any third-party. in no event shall CASH BULLS, its processors, agents, suppliers, licensors, Card Organizations, or the Bank (or their respective affiliates, agents, directors, and employees) be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount fees earned by us in connection with your use of the service during the three (3) month period immediately preceding the event giving rise to the claim for liability.
This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if CASH BULLS has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
B Force Majeure
CASH BULLS shall not be responsible for delays, non-performance, damages, lost profits, or other losses caused directly or indirectly by any Act of God, including without limitation fires, earthquakes, tornadoes, hurricanes, wars, pandemic, labor disputes, communication failures, legal constraints, power outages, data transmission loss or failure, incorrect data transmission or any other event outside the direct control of CASH BULLS.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the United Kingdom without giving effect to any principles of conflict of law. You hereby consent to exclusive jurisdiction of the United Kingdom courts in respect of any disputes arising in connection with these Terms and Conditions or any matter related to or in connection therewith.
If a Dispute of any kind arises, we want to understand and address your concerns quickly and to your satisfaction. Please contact CASH BULLS with any Dispute. If we cannot resolve your concerns, we agree to an informal Dispute resolution process requiring individual arbitration. Unless otherwise required by law, an action or proceeding by you relating to any Dispute must commence within one year after the cause of action accrues.
You and CASH BULLS agree to arbitrate all "Disputes," defined as any claim, controversy, or dispute (whether involving contract, tort, equitable, statutory or any other legal theory) between you and CASH BULLS, including but not limited to any claims relating in any way to this Agreement (including its breach, termination and interpretation), any other aspect of our relationship, CASH BULLS advertising, and any use of CASH BULLSsoftware or Services. Disputes also include any claims that arose before this Agreement and that may arise after termination of this Agreement. Notwithstanding the foregoing, you or CASH BULLS may choose to pursue a claim in court and not by arbitration if you fail to timely pay amounts due. CASH BULLSmay assign your Account for collection, and the collection agency may pursue in any court of competent jurisdiction any claim that is strictly limited to the collection of past due amounts and any interest or cost of collection permitted by law or this Agreement.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced (but in no case shall there be a class arbitration). All Disputes shall be resolved finally and exclusively by a binding individual arbitration with a single arbitrator.
Amendments & Other Provisions
We have the right to change or add to the terms of this Agreement at any time, and to change, delete, discontinue, or impose conditions on any feature or aspect of the software or Service with notice that we in our sole discretion deem to be reasonable in the circumstances, including notice on our website or any other website maintained or owned by us and identified to you. Any use of our software or Service after our publication of any such changes shall constitute your acceptance of this Agreement as modified.
Except as expressly provided in this Agreement, these terms are a complete statement of the agreement between you and CASH BULLS, and they describe the entire liability of CASH BULLS and its vendors and suppliers (including processors and Bank) and your exclusive remedy with respect to your access and use of the Service. In the event of a conflict between this Agreement and any other CASH BULLSagreement or policy, this Agreement shall prevail on the subject matter of thisAgreement. If any provision of this Agreement is invalid or unenforceable under applicable law, then it shall be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect. Headings and summaries are included for convenience only and shall not be considered in interpreting this Agreement. The Agreement does not limit any rights that CASH BULLS may have under trade secrets, copyright, patent, or other laws. CASH BULLS’ failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. Nowaiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term.
Any provision that is reasonably necessary to accomplish or enforce the purpose of this Agreement shall survive and remain in effect in accordance with its terms upon the termination of this Agreement.
If you have any questions or comments about the CASH BULLS Payment Facilitator Terms and Conditions, please firstname.lastname@example.org at
CASH BULLS LTD, (“CASH BULLS”) Silverstream House, 45 Fitzroy Street, London, United Kingdom, W1T 6EB.