Terms of Service
Last updated: 16 September 2026
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1. Parties and scope
These Terms govern the agreement between ePayX Ltd., [Street and number], [Postcode] [City], [Country] ("ePayX") and the business that registers for an ePayX account (the "Merchant"). By creating an account the Merchant accepts these Terms. The service is available to businesses only.
2. The Merchant of Record model
ePayX acts as the reseller and seller of record of the Merchant's digital products to end customers. The Merchant grants ePayX a non-exclusive, worldwide right to resell and deliver the products through ePayX checkout surfaces. Each end-customer purchase is a contract between ePayX and the end customer; ePayX simultaneously purchases the product from the Merchant at the net price less the Fee.
3. ePayX obligations
- Calculate, collect and remit applicable VAT, GST and sales taxes on end-customer sales in the jurisdictions listed in the coverage schedule.
- Issue tax-compliant invoices and credit notes to end customers in ePayX's name.
- Screen transactions for fraud and bear the financial liability for chargebacks and fraud losses, except as set out in section 7.
- Handle end-customer refunds and disputes in accordance with the Refund Policy.
- Pay out the Merchant as set out in section 5.
4. Merchant obligations
- Provide accurate product, business and tax information and keep it up to date.
- Deliver the products and provide first-line product support to end customers.
- Not sell prohibited products (see the Acceptable Use Policy), including products that infringe third-party rights or violate applicable law.
- Comply with the ePayX API terms, keep credentials confidential and not circumvent ePayX checkout for end customers acquired through it.
5. Fees and payouts
ePayX retains a fee of 5% of the gross transaction amount plus €0.50 per successful transaction (the "Fee"), unless a different rate is agreed in writing. ePayX pays the Merchant the net amount (gross amount less taxes, Fee and refunds) weekly on Tuesday for transactions captured up to the preceding Sunday, to the bank account specified in the account. Payouts below €50 roll over to the next payout. ePayX may withhold amounts required by law or reasonably necessary to cover pending refunds or breaches of these Terms.
6. Refunds
ePayX honours end-customer refund rights under applicable consumer law and the Merchant's stated refund policy, whichever is more generous. Refunded amounts, including the Fee, are deducted from the next payout.
7. Exclusions from liability transfer
ePayX does not bear chargeback or fraud losses that result from the Merchant's failure to deliver the product, a material misdescription of the product, a breach of these Terms, or the Merchant's own fraud. Such amounts may be charged back to the Merchant.
8. Data protection
Each party is an independent controller for the personal data it processes for its own purposes. The parties enter into the ePayX Data Sharing Terms, which form part of this agreement. Card data is never shared with the Merchant.
9. Intellectual property
The Merchant retains all rights in its products and brand and grants ePayX the licence necessary to perform the service. ePayX retains all rights in the ePayX platform, APIs and documentation.
10. Term and termination
The agreement runs indefinitely. Either party may terminate with 30 days' written notice. ePayX may suspend or terminate immediately for breach, legal risk, or a request from a payment partner or authority. Sections 5 to 8 and 11 to 13 survive termination. After termination ePayX will settle outstanding balances within [90] days, subject to a reserve for pending refunds and disputes.
11. Warranties and limitation of liability
The service is provided with reasonable skill and care. To the extent permitted by law, neither party is liable for indirect or consequential loss, and ePayX's total liability under this agreement in any 12-month period is limited to the Fees paid by the Merchant in that period. Nothing limits liability for wilful misconduct, gross negligence, death or personal injury, or amounts owed under section 5.
12. Changes
ePayX may amend these Terms with at least 30 days' notice by email. Continued use after the effective date constitutes acceptance. Fee changes never apply retroactively.
13. Governing law and jurisdiction
This agreement is governed by the laws of [Country], excluding its conflict-of-laws rules and the UN Convention on Contracts for the International Sale of Goods. The courts of [City] have exclusive jurisdiction.