Terms of Service Agreement
Payhere is the trading name of Payher Payments Ltd, Company Number NI654984 whose registered office is 5 Mill Lane, Raceview Mill, Broughshane, Northern Ireland, BT42 4EZ. (Payhere, Company, Us, We, Our, Service).
This is a legal contract between you as an individual or the legal entity that you represent (having full authority to act on behalf of the entity) (You, Your). By using our service and/or signing up for a Payhere account and clicking “I agree” you are legally bound to the terms of this agreement.
The website provided at https://payhere.co, its API or any associated subdomain
Agreement, Terms, Terms of Service
This document located at https://payhere.co/terms, titled "Terms of Service Agreement"
You, User, Customer
Any individual, business or organisation that has accepted these Terms by using or with intent to use the Payhere Service
The Payhere website located at https://payhere.co and any valid subdomains
The security policy located at https://payhere.co/security
3. Acceptance of Terms
By using the Payhere Service in any form You submit to being bound by these Terms and any additional terms and conditions in any policies mentioned in or linked to in this Agreement.
If You are acting on behalf of a company or other legal entity with authority, its affiliates and all users who access the Payhere Service through your account are then also bound to these Terms, and you warrant and represent that you are authorised to act on behalf of such legal entity or company and to bind them to these Terms accordingly.
Payhere is a software product to help merchants receive online payments. We do not store or hold your payment method or card details and no monetary transactions take place through our servers. Any payment transactions go directly into the merchants Stripe account.
4. Individuals, businesses, entities or organisations who make a payment to a Payhere merchant
By making a payment to a Payhere merchant, you understand that the contract of sale is between you and the merchant, Payhere is not responsible for any refunds, fulfilment issues, the accuracy of descriptions, product warranties or images used. If you have a dispute over a purchase this is solely the responsibility of the merchant and agree to indemnify and hold harmless Payhere against any claim, action or dispute regarding your purchase and any related issues.
Payhere uses the Stripe platform and API and your Stripe account, through Stripe connect to process debit and credit card payments for your Payhere account and products. Payhere as defined by the Stripe Terms of Service is a "Partner Application".
By using the Payhere Service and agreeing to these Terms you also accept and are bound by Stripe's Terms of Service. If you make use of Payhere's gateway, which is powered by Stripe custom accounts, you are additionally bound by the Stripe Connected Account Agreement.
You, the User understand and agree that Payhere shall not be held liable for any payments and monetary transactions that occur through Your use of the Service and that all such payments and transactions are handled by Stripe. You agree that Payhere shall not be held liable for any issues regarding financial and monetary transactions between You and any other party, including Stripe.
You are solely responsible for all transactions (one-off, product purchases, recurring subscriptions, refunds and cancellations) processed through Payhere and/or Stripe. Payhere will not be liable for any losses or damages arising from invalid or fraudulent transactions through usage of the Service or connected Stripe accounts. This includes but is not limited to transactions that were not processed due to a network communication issue. If you process a transaction it is Your responsibility to ensure it has been fully settled.
Payhere uses the Stripe API to run this Service, the Stripe API is subject to change at any time and such changes may adversely affect this Service. You hereby concede to holding Payhere liable for any affects intentional or unintentional that Stripe's actions may cause to Your Payhere account, Your Stripe account, or Your business.
You must not process credit or debit cards through Payhere which you are not authorised to do so, or which are stolen.
You understand that you are subject to any fees Stripe charges for all transactions made through Payhere and Your Stripe account.
You are solely responsible for calculating, reporting (to the relevant tax authority) and paying any taxes incurred as a result of payments received as a result of using the Payhere Service.
7. Customer Service
You understand that You are responsible for all customer service issues regarding your products, services and transactions, including pricing issues, order fulfilment, cancellations, refunds, returns, functionality and warranty, technical support, customer feedback concerning your policies, staff or processes. You will clearly distinguish Yourself as a separate entity from Payhere. Payhere will be responsible for customer service issues relating to Payhere accounts.
In order to accept payments through the Payhere Service, you must set up an account. During the account setup process You will be asked to enter an email address and legal name, You must accurately provide the name of Your business or Your legal full name and a valid email address for You or Your company and connect an authorised Stripe account.
You may not use the Service to sell or distribute offensive (as determined by Payhere) or illegal content (goods, software, products or material). Offensive and illegal content include things that are sexually-oriented or pornographic, drugs, gambling, things that promote hate or violence towards others. Should you distribute offensive or illegal content, you will have your account immediately suspended and all data there-in deleted.
You are responsible for protecting Your Payhere and Stripe accounts email addresses, usernames and passwords. Payhere will not be held liable for any losses or damages arising from Your failure to maintain the security of such credentials.
10. Updating Terms of Service
Payhere reserves the right to update, modify or replace any of these Terms, suspend or discontinue the Service at any time by posting a notice on the homepage or informing You via Email. Payhere may also impose a restriction on any parts of the Website or features without notice or liability.
Your continued use of the Service constitutes acceptance of any changes in Terms and you are responsible to check from time to time of changes in this Agreement.
By posting any User Content via the Service, you expressly grant, and you represent and warrant that you have a right to grant, to Payhere a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service.
12. Email may not be used to provide notice
Communications made through the Service’s email and messaging system will not constitute legal notice to the Site, the Service, or any of its officers, employees, agents or representatives in any situation where legal notice is required by contract or any law or regulation.
13. Third-party services
You acknowledge that Payhere uses third-party services to provide the necessary servers and services required to run the Service and cannot be held responsible for any interruption to the Service as a result of these third party services.
You expressly agree not to use the Service for any purpose that is prohibited by this Agreement.
As an example, but not limited to, You agree not to take any action through the Service that:
- Infringes any patent, trademark, copyright or trade secret.
- You know is misleading or dishonest
- Is illegal, abusive, harassing, deceptive, fraudulent, obscene, offensive, profane or invasive of another parties privacy.
- Contains malicious software or viruses designed to cause harm, disruption or gain unauthorised access to any system, data, an account of Payhere, Stripe or any other platform.
- Falsely represents You, or impersonates any other party.
- Bypass any software, hardware or physical security measures Payhere has put in place to restrict access to the System
- Uses automated software to create accounts, crawl or harvest data from the Service
- Places an unreasonable load (as determined by Payhere) on Payhere's servers or network.
Custom fields and data collection
If you are using Custom Fields as part of your payment links you can collect information that you require such as variants, shipping details, Gift Aid information or additional customer details that you require as part of your normal business.
You are expressly prohibited from collecting financial information such as bank account numbers, sensitive health data, or any other sensitive information not required as part of the normal course of business.
15. Paid Subscriptions
These terms apply if you are paying Payhere a monthly fee for your account.
You are free to cancel your paid plan at any time and downgrade to transaction-based pricing. We reserve the right to change any active customer subscriptions across to the new transaction fee.
15.2 Failed payments
If your invoice payment fails and you fail to update your payment method within 7 days of the date of billing, we reserve the right to cancel your account, including any active customer subscriptions on your account, or downgrade your account to the transaction-based pricing.
15.3 Refund policy
Our monthly subscriptions are designed for customers who have had the opportunity to trial the product on our free transaction-based plan and want to commit to upfront usage in exchange for cheaper payments processing and additional features, because of this we don’t offer any refunds.
16. No Guarantee
Payhere does not guarantee uninterrupted access and operation of the Service. From time to time there may be service disruptions outside Payhere’s control.
17. ONLINE CONTENT DISCLAIMER
Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by the Site, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content.
We do not guarantee the accuracy, completeness, or usefulness of any information on the Site or the Service nor do we adopt nor endorse, nor are we responsible for, the accuracy or reliability of any opinion, advice, or statement made by other parties. We take no responsibility and assume no liability for any User Content that you or any other user or third party posts or sends via the Service. Under no circumstances will we be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Service, or transmitted to users.
18. WARRANTY DISCLAIMER
THE SERVICE, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.
19. LIMITATION OF DAMAGES;
RELEASE TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SITE, THE SERVICE, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM: (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SERVICE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH USE OR WITH ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.
If you have a dispute with one or more users, a merchant of a good, product or service that you pay using the Service, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
21. General Terms
You agree that any cause of action related to or arising out of your relationship with the Company must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Northern Ireland.