Terms of Service

Effective date: February 20, 2026

These Terms of Service (“Agreement”) govern your use of products and services provided by Electronic Payment Exchange Inc, doing business as Merchant Solutions Corp (“Merchant Solutions Corp”).

By using our services, you agree to this Agreement.

Contact Information

1. Services

Services may include:

  • POS systems and hardware
  • Payment processing solutions
  • Software platforms and integrations
  • Consulting, onboarding, and support
  • Training and digital products

You agree not to share access credentials or proprietary materials.

2. Payment Terms

  • Fees are defined at checkout or agreement stage
  • All payments are due as agreed
  • You may not dispute valid charges without cause

Late Payments

  • Up to 2% monthly interest
  • Service suspension for missed payments
  • Termination after 30 days of non-payment

Chargebacks

  • You remain fully liable
  • Abuse of disputes may result in termination

3. No Refund Policy

All payments are final unless stated otherwise in writing.

4. Term and Termination

  • Active for the agreed term
  • Terminates upon breach or non-payment
  • Access may be revoked at any time

5. Pause Option

  • One pause allowed
  • Max 30 days
  • Billing continues
  • No live support during pause

6. No Guarantee of Results

No guarantee of:

  • Revenue
  • Profit
  • Business outcomes

You assume full responsibility for results.

7. Disclaimer of Warranties

All services are provided “as is” and “as available.”

No warranties of:

  • Performance
  • Uptime
  • Fitness for purpose

8. Testimonial Release

You grant rights to use:

  • Name
  • Likeness
  • Results

For marketing purposes without compensation.

9. Independent Relationship

No partnership, employment, or agency relationship is created.

Independent sales representatives are not employees and may not bind the company.

10. Modifications

We may update this Agreement at any time.

Continued use = acceptance.

11. Assignment

You may not assign this Agreement.

Merchant Solutions Corp may assign freely.

12. Governing Law

Florida law governs this Agreement.

13. Limitation of Liability

Merchant Solutions Corp is not liable for:

  • Lost profits
  • Business interruption
  • Indirect or consequential damages

Maximum liability: $1,000

14. Intellectual Property

All systems, content, and materials remain property of Merchant Solutions Corp.

Unauthorized use is prohibited.

15. SMS & Communication Consent

You will only be contacted if you provide express consent by selecting one or more of the communication options on our forms. By checking any consent box, you agree to receive communications based on your selected preferences.

You may choose to opt in to receive:

  • Sales Communications (e.g., responses to inquiries, product information, pricing, appointment scheduling)
  • Marketing Communications (e.g., promotions, offers, updates, newsletters)
  • Both Sales and Marketing Communications

If no option is selected, you will not be contacted.

By opting in, you consent to receive communications via:

  • Calls
  • Emails
  • Text messages (SMS)

SMS Disclosure:

  • Message frequency may vary
  • Message and data rates may apply
  • You can reply STOP at any time to opt out of SMS communications

16. Dispute Resolution

  • Informal resolution first
  • Binding arbitration in Florida

You waive:

  • Jury trial
  • Class action rights

17. Indemnification (Strict)

You agree to fully indemnify and hold harmless Merchant Solutions Corp, including all affiliates, processors, sponsor banks, partners, and agents from any claims, damages, losses, liabilities, fines, chargebacks, or expenses arising from:

Payment Processing

  • Transactions processed under your account
  • Fraud, disputes, chargebacks
  • Card brand violations
  • PCI, AML, KYC violations

You assume full financial responsibility.

Processor and Funding Actions

  • Delayed or withheld funds
  • Account holds or termination
  • Risk decisions by banks or processors

Merchant Solutions Corp is not a bank and has no control over these actions.

Hardware / Software

  • POS failure or downtime
  • Integration or API issues
  • Data loss

Third-Party Services

  • Clover, Square, Dejavoo, Payanywhere
  • Payment processors and gateways
  • Any external system

No liability for third-party failures.

Business Conduct

  • Illegal or deceptive practices
  • Regulatory violations

Customer Claims

  • Refund disputes
  • Service complaints

Marketing Violations

  • TCPA, CAN-SPAM violations
  • Misleading advertising

Data & Privacy

  • Data breaches
  • Misuse of customer information

Tax Liability

  • Reporting failures
  • 1099-K issues

Agents / Reps

You are fully responsible for:

  • Your sales reps
  • Affiliates
  • Employees

18. Non-Circumvention

You agree not to bypass Merchant Solutions Corp to access:

  • Processors
  • Vendors
  • Partners

Violation results in:

  • Immediate termination
  • Liquidated damages equal to 24 months of projected revenue or $25,000 minimum

19. Personal Liability

If you are acting on behalf of a business, you personally guarantee:

  • All obligations
  • All payment liabilities
  • All indemnification responsibilities

20. Clawback & Offset Rights

You agree that Merchant Solutions Corp may:

  • Offset any funds owed to you
  • Recover losses from payouts or residuals
  • Collect unpaid balances immediately

This applies even after termination.

21. Defense Control

Merchant Solutions Corp has full control over legal defense.

You must cooperate and may not settle claims without approval.

22. Survival

All financial and indemnity obligations survive termination indefinitely.

23. Entire Agreement

This Agreement is the full agreement between parties.

24. Contact

See also: Privacy Policy · Homepage

Talk to me!
If you have questions a
Microphone