Term and conditions

1. Eligibility & Business Use

1.1 Business‑Only Services
Suncoast Payments provides Services only to businesses, organizations, and professional entities, not to consumers for personal or household use. By using our Services, you represent that you:

Are acting on behalf of a business or organization;
Have the legal authority to bind that business to these Terms; and
Are at least 18 years old (or the age of majority in your jurisdiction).

1.2 Compliance With Laws
You agree to comply with all applicable local, state, federal, and international laws, regulations, and card brand rules (e.g., Visa, Mastercard, Amex, Discover) when using our Services.

2. Relationship With Banks & Third‑Party Processors

2.1 Independent Providers
Suncoast Payments is typically an independent sales organization (ISO)/payments consultant and does not itself issue merchant accounts or hold settlement funds. Merchant accounts, underwriting, risk monitoring, and settlement are provided by one or more third‑party banks, processors, or payment facilitators (“Processing Partners”).

2.2 Separate Agreements
Your use of payment processing Services will be governed by one or more separate agreements with our Processing Partners (each, a “Merchant Agreement”). In case of conflict between these Terms and a Merchant Agreement, the Merchant Agreement will control with respect to processing and settlement.

2.3 No Banking or Legal Advice
We do not provide banking, investment, tax, or legal advice. Any general information we provide is for convenience only and should not be relied upon as professional advice.

3. Services We Provide

Subject to these Terms and any applicable Merchant Agreement, Suncoast Payments may provide:

Assistance with merchant account applications & underwriting
Access to payment gateways, virtual terminals, and APIs
Provision or recommendation of terminals, POS systems, and other payment hardware
Integration support with third‑party platforms
Ongoing account support, optimization, and education
Services tailored to certain high‑risk or regulated industries (subject to underwriting approval)

We may update, improve, add, or remove features and Services at any time, with or without notice, as permitted by applicable law and your Merchant Agreement.

4. Fees, Pricing & Billing

4.1 Fees & Rates
The fees you pay for payment processing and related Services (including but not limited to discount rates, per‑transaction fees, monthly fees, chargeback fees, equipment costs, and any reserves) will be disclosed in your Merchant Application, Fee Schedule, or Merchant Agreement.

4.2 Changes to Fees
Fees may be adjusted by the applicable Processing Partner or by us as allowed under your Merchant Agreement and these Terms. Where required by law or contract, you will receive notice of changes.

4.3 Taxes
You are responsible for any taxes, duties, or government charges related to your use of the Services. We are not responsible for calculating, withholding, or remitting taxes on your behalf unless required by law.

5. Your Responsibilities

5.1 Accurate Information
You agree to provide current, complete, and accurate information in all applications, forms, and communications, including:

Business name, ownership, and contact details
Products/services sold
Processing volumes and average tickets
Bank account details for settlement

You must promptly update us and/or our Processing Partners if your information changes.

5.2 Use of Services
You agree not to:

Use the Services for any illegal, fraudulent, or deceptive activity;
Misrepresent your products, services, or business model;
Process transactions on behalf of another business (no “factoring”);
Attempt to bypass or disable security features;
Interfere with or disrupt the Services or networks connected to them.

5.3 Website & Marketing Compliance
If you operate online, you are responsible for ensuring that your:

Website content, claims, and policies comply with applicable laws;
Terms of service, privacy policies, refund & shipping policies are clearly posted;
Age verification (for regulated products) is properly implemented where required.

6. High‑Risk & Regulated Industries

6.1 Underwriting & Approval
Certain industries—such as CBD/hemp/kratom, nicotine, tobacco, vape, travel, tattoo shops, and other regulated or “high‑risk” sectors—are subject to enhanced underwriting and ongoing monitoring. Approval is not guaranteed, even if preliminary feedback seems positive.

6.2 Reserves, Holds & Limits
Processing Partners may, at their discretion and as allowed in your Merchant Agreement:

Place reserves or rolling reserves;
Delay or hold funds;
Impose volume or ticket size limits;
Require additional documentation.

These measures are typically related to risk management and regulatory compliance and may be updated over time.

7. Chargebacks, Disputes & Fraud

7.1 Your Responsibility
You are solely responsible for:

Your customers’ transactions;
The products or services you provide;
Any chargebacks, retrievals, refunds, or disputes.

7.2 Chargeback Handling
Chargebacks are processed under card network rules and your Merchant Agreement. Suncoast Payments may assist with education and general guidance, but we:

Do not control cardholder decisions or issuing bank actions;
Cannot guarantee the outcome of any chargeback;
Are not liable for losses related to disputes or fraud.

7.3 Fraud Prevention
We may provide tools or recommendations for reducing fraud (e.g., AVS, CVV, 3D Secure), but no system is foolproof. You remain responsible for reviewing transactions and implementing reasonable fraud prevention measures.

8. Intellectual Property

8.1 Our Content
All content on the Site— including text, graphics, logos, icons, images, videos, and software— is owned by Suncoast Payments or its licensors and is protected by intellectual property laws.

8.2 Limited License
We grant you a limited, non‑exclusive, non‑transferable license to access and use the Site and its content solely for evaluating or using our Services. You may not:

Copy, modify, reproduce, or distribute content without permission;
Use our trademarks, logos, or branding without our prior written consent.

8.3 Feedback
If you provide feedback, suggestions, or ideas (“Feedback”), you grant us a royalty‑free, perpetual, irrevocable license to use that Feedback in any manner, without obligation or compensation.

9. Privacy & Data

9.1 Privacy Policy
Your use of the Site and Services is also governed by our Privacy Policy, which explains how we collect, use, and share information. By using the Site or Services, you consent to our data practices as described there.

9.2 Customer & Card Data
Where applicable, you must handle your customers’ personal and payment data in compliance with:

Applicable data protection laws; and
Payment Card Industry Data Security Standards (PCI‑DSS), if required.

We may require you to complete PCI‑DSS validation or use approved tools to help protect card data.

10. Third‑Party Services & Links

10.1 Third‑Party Platforms
Our Services may integrate with or link to third‑party websites, software, or platforms (e.g., gateways, CRMs, POS software). These are governed by their own terms and policies.

10.2 No Endorsement or Responsibility
We do not control or endorse third‑party sites or services and are not responsible for:

Their content;
Their availability or performance;
Any damages or losses arising from their use.

11. Disclaimers

To the maximum extent permitted by law:

The Site and Services are provided on an “AS IS” and “AS AVAILABLE” basis.
We do not guarantee that the Services will be uninterrupted, error‑free, secure, or available at all times.
We make no warranties, express or implied, regarding fitness for a particular purpose, merchantability, or non‑infringement.

Any estimates, projections, or examples of results are for illustration only and are not guarantees of future performance or savings.

12. Limitation of Liability

To the fullest extent permitted by law:

Suncoast Payments, its officers, employees, agents, and affiliates will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, lost revenues, lost data, or business interruption, arising out of or related to your use of the Site or Services.
Our total aggregate liability for any claim arising out of or relating to these Terms, the Site, or the Services will not exceed the amount of fees paid to us by you during the three (3) months immediately preceding the event giving rise to the claim, or USD $1,000, whichever is less.

Some jurisdictions do not allow certain limitations of liability; in such cases, the above limitations will apply to the maximum extent permitted by law.

13. Indemnification

You agree to indemnify, defend, and hold harmless Suncoast Payments and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

Your use of the Site or Services;
Your breach of these Terms or any Merchant Agreement;
Your violation of any law or third‑party rights;
Any claim related to your products, services, or business practices.

14. Term, Suspension & Termination

14.1 Term
These Terms apply from the time you first access the Site or use the Services and continue until terminated in accordance with this section.

14.2 Suspension or Termination by Us
We may suspend or terminate your access to the Site or certain Services at any time, with or without notice, if we reasonably believe that:

You have violated these Terms or any Merchant Agreement;
Your use presents a risk of fraud, chargebacks, or legal non‑compliance;
We are required to do so by a Processing Partner, card network, or regulatory authority.

14.3 Effect of Termination
Upon termination, your right to use the Site and applicable Services will cease. Sections that by their nature should survive (including but not limited to fees owed, IP, disclaimers, limitation of liability, and indemnification) will continue to apply.

15. Governing Law & Dispute Resolution

15.1 Governing Law
These Terms are governed by and construed in accordance with the laws of the State of [State], without regard to its conflict of laws principles.

15.2 Venue
Any dispute, claim, or controversy arising out of or relating to these Terms, the Site, or the Services will be brought exclusively in the state or federal courts located in [County, State], and you consent to the personal jurisdiction of such courts.

(If you plan to use arbitration, insert your arbitration clause here and have it reviewed by an attorney.)

16. Changes to These Terms

We may update or modify these Terms from time to time. When we do, we will:

Update the “Last updated” date at the top of this page; and
Post the revised Terms on the Site.

Your continued use of the Site or Services after changes are posted constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must stop using the Site and Services.

17. Entire Agreement

These Terms, together with any Merchant Agreement, Privacy Policy, and other documents expressly incorporated by reference, constitute the entire agreement between you and Suncoast Payments regarding the Site and Services and supersede any prior or contemporaneous agreements, communications, or understandings.

18. Contact Us

If you have any questions about these Terms, you can contact us at:

Suncoast Payments
Email: [support@yourdomain.com]
Phone: [ XXX XXXXXX ]
Address: [ United States ]