Terms of Service
These Terms of Service ("Terms") govern your access to and use of the payment processing, tokenization, hosted checkout, and related merchant services (collectively, the "Services") provided by BrickellPay ("BrickellPay", "we", "us"). By submitting an application or by using the Services, you ("Merchant", "you") agree to these Terms.
1. Eligibility and application
To use the Services you must be a legally registered business in a jurisdiction we support, provide accurate and complete information during onboarding, and satisfy our underwriting, compliance, and Know-Your-Business (KYB) checks. We may accept, decline, or condition your application at our sole discretion.
2. The Services
Subject to these Terms, we (directly and through sponsoring acquirers and card network members) will accept, authorize, capture, settle, and report card and ACH payment transactions initiated by your customers, and provide tools for tokenization, refunds, disputes, and reconciliation. Availability of any feature depends on your approved merchant category, funding instrument, and processor assignment.
3. Merchant obligations
- Comply at all times with the Payment Card Industry Data Security Standard (PCI DSS), applicable card network rules, NACHA rules for ACH, and applicable law.
- Only submit transactions arising from bona fide sales of goods or services described in your application; do not submit prohibited or restricted categories.
- Keep contact, ownership, banking, and business-profile information current at all times through the merchant portal.
- Reasonably cooperate with information requests from BrickellPay, sponsoring acquirers, card networks, and regulators.
4. Fees, settlement, and reserves
Fees, funding schedules, and reserve requirements are set forth in your accepted merchant application, pricing schedule, or subsequent written amendments. We may deduct fees from settlement, invoice separately, or debit your designated funding account. We may establish or adjust a reserve if we determine that risk conditions warrant it.
5. Chargebacks, refunds, and disputes
You are financially responsible for chargebacks, reversals, refunds, fines, and assessments arising from your transactions, and you authorize us to debit these amounts from settlement or your funding account. You will respond to dispute inquiries within the timeframes set by the card networks or NACHA rules.
6. Suspension and termination
We may suspend, throttle, or terminate any or all Services immediately if we reasonably believe a transaction poses risk, if you breach these Terms or any card network rule, if required by law or by an acquirer, or upon closure of your account. Either party may terminate on written notice as provided in the merchant application.
7. Data protection and confidentiality
Our processing of your personal and business data is described in our Privacy Policy. Each party will treat non-public information received from the other as confidential and use it only to perform under these Terms.
8. Warranties and limitation of liability
The Services are provided on an "as is" and "as available" basis. To the maximum extent permitted by law, BrickellPay disclaims all implied warranties, and our aggregate liability arising out of or relating to these Terms will not exceed the fees paid by you to us during the three months preceding the event giving rise to the claim. Nothing in these Terms limits liability that cannot be limited under applicable law.
9. Indemnification
You will defend, indemnify, and hold harmless BrickellPay, its affiliates, sponsoring acquirers, and card networks against claims, losses, and expenses arising from your transactions, your breach of these Terms, or your violation of applicable law.
10. Governing law and dispute resolution
These Terms are governed by the laws of the State of Florida, without regard to conflict-of-laws principles. Disputes will be resolved by binding arbitration seated in Miami-Dade County, Florida, except that either party may seek injunctive relief in a court of competent jurisdiction to protect intellectual property or confidential information.
11. Changes to these Terms
We may update these Terms from time to time. Material changes will be communicated through the merchant portal or by email at least thirty (30) days before they take effect, unless a shorter notice period is required by law, a card network, or an acquirer.
12. Contact
Questions about these Terms may be directed to support@brickellpay.com.