Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Merchant", "you", or "your") and PayGate Technologies Limited ("PayGate", "we", "us", or "our") governing your use of our payment processing services, APIs, dashboard, and related services (collectively, the "Services").

By creating an account or using our Services, you agree to be bound by these Terms. If you do not agree, do not use our Services.

2. Eligibility

To use PayGate, you must:

• Be a registered business entity in Ghana or an individual with a valid business registration
• Be at least 18 years old
• Have the legal authority to bind your business to these Terms
• Not be prohibited from using payment services under applicable law
• Complete our Know Your Customer (KYC) verification process

3. Account Registration

3.1 Account Creation

You must provide accurate, complete, and current information during registration. You are responsible for maintaining the accuracy of this information.

3.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials and API keys
• All activities that occur under your account
• Notifying us immediately of any unauthorized access
• Using strong, unique passwords and enabling two-factor authentication

3.3 Account Types

We offer test and live modes. Test mode allows you to integrate and test without processing real transactions. Live mode processes actual payments.

4. Services

4.1 Payment Processing

PayGate enables you to accept payments from customers via Mobile Money (MTN, Telecel, AirtelTigo) and other supported payment methods. We act as a payment facilitator between you and your customers.

4.2 Settlements

Funds from successful transactions will be settled to your registered bank account or mobile money wallet according to your settlement schedule (typically within 24-48 hours for standard accounts).

4.3 Refunds and Chargebacks

You may issue refunds through our dashboard or API. You are responsible for managing customer disputes and maintaining adequate funds to cover potential refunds and chargebacks.

5. Fees and Payments

5.1 Transaction Fees

We charge 1.2% of each successful transaction amount. Failed transactions are not charged. Fees are deducted from settlements before payout.

5.2 Additional Services

Some features may incur additional fees, which will be clearly disclosed before you enable them. Volume discounts are available for merchants processing over GHS 500,000 monthly.

5.3 Fee Changes

We may change our fees with 30 days' advance notice. Continued use of Services after fee changes constitutes acceptance.

6. Prohibited Activities

You may not use PayGate for:

• Illegal activities or transactions prohibited by Ghanaian law
• Fraud, money laundering, or terrorist financing
• Selling counterfeit goods or infringing intellectual property
• Adult content, gambling (without proper licensing), or drugs
• Weapons, ammunition, or explosives
• Pyramid schemes or multi-level marketing scams
• Activities that could damage PayGate's reputation
• Circumventing our security measures or abusing the API

Violation of these prohibitions may result in immediate account termination and reporting to relevant authorities.

7. Data and Privacy

Our collection and use of personal information is governed by our Privacy Policy. By using our Services, you consent to the collection and use of information as described therein.

You must comply with all applicable data protection laws when collecting and processing customer data through our Services.

8. Intellectual Property

PayGate and its licensors retain all rights to the Services, including all software, APIs, documentation, trademarks, and content. You may not copy, modify, or reverse engineer any part of our Services.

We grant you a limited, non-exclusive license to use our APIs and integration tools solely to integrate PayGate into your business.

9. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not guarantee uninterrupted or error-free service. We are not responsible for actions of mobile money operators or other third parties.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PAYGATE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, DATA LOSS, OR BUSINESS INTERRUPTION.

Our total liability for any claims arising from these Terms or your use of the Services shall not exceed the fees paid by you in the twelve (12) months preceding the claim.

11. Indemnification

You agree to indemnify and hold harmless PayGate, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from:

• Your use of the Services
• Your violation of these Terms
• Your violation of any third-party rights
• Disputes between you and your customers

12. Termination

12.1 Termination by You

You may close your account at any time through the dashboard or by contacting support. You remain responsible for all pending transactions and obligations.

12.2 Termination by Us

We may suspend or terminate your account immediately if you:

• Violate these Terms or our Acceptable Use Policy
• Engage in fraudulent or illegal activity
• Pose a risk to us, our users, or third parties
• Fail to pay fees owed

12.3 Effect of Termination

Upon termination, we will settle any pending funds (minus fees and reserves) within 30 days, subject to our right to withhold funds for potential chargebacks or disputes.

13. Dispute Resolution

Any disputes arising from these Terms shall be resolved through:

1. Good faith negotiations between the parties
2. Mediation by a mutually agreed mediator
3. Binding arbitration under the rules of the Ghana Arbitration Centre

These Terms shall be governed by and construed in accordance with the laws of Ghana. The courts of Accra, Ghana shall have exclusive jurisdiction.

14. Changes to Terms

We may modify these Terms at any time. We will provide at least 30 days' notice for material changes by email or through the dashboard. Continued use of Services after changes constitutes acceptance.

15. General Provisions

• Entire Agreement: These Terms constitute the entire agreement between you and PayGate regarding the Services.
• Severability: If any provision is found unenforceable, the remaining provisions will continue in effect.
• Waiver: Our failure to enforce any right does not constitute a waiver of that right.
• Assignment: You may not assign these Terms without our consent. We may assign our rights at any time.

16. Contact Information

For questions about these Terms, please contact us:

• Email: legal@paygate.com
• Address: 14 Independence Avenue, Accra, Ghana
• Phone: +233 30 123 4567