Pay Terms and Conditions

Welcome to Payzium!

These terms and conditions govern your use of the Payzium Pay Application (“Application”), provided by Payzium Inc. and its affiliates, such as Givepoint (“Payzium”). By using the Application, you agree to these terms, forming the agreement between you (the “Merchant”) and Payzium.

1. Definitions:

  • “Affiliate(s)” refers to other entities connected through ownership or control.
  • “Equipment” encompasses the hardware and software used for payment processing.
  • “Payment Acquirer” denotes the bank or institution processing card payments.
  • “Website” means https://payzium.com and its related pages.

2. Services Conditional

Your access to services through the Application depends on approval from Payzium or associated Payment Acquirers.

3. Term

This Agreement becomes effective upon acceptance and continues for an initial term of three (3) years, with automatic renewals of six (6) months each, unless terminated as per the terms herein.

4. Fees and Surcharges

  • Transaction fees apply as agreed upon.
  • Surcharges belong to Payzium and are held in trust.
  • Wireless fees are applicable to wireless Equipment.
  • An application fee, non-refundable and one-time, is required.
  • Administrative fees may be charged for various services.
  • Authorization for deductions from transactions or bank accounts is granted.

5. Equipment

  • Equipment can be purchased, rented, or leased.
  • Restocking fees apply if Equipment is reclaimed.
  • The Merchant is responsible for maintaining and securing Equipment.
  • Fees are applicable for Equipment swaps and damages.

6. Data

  • The Merchant authorizes Payzium to share Merchant data for ancillary services.
  • Data obtained through services may be used for analysis and marketing purposes.

7. Merchant Responsibilities 

The Merchant agrees to:

  • Comply with laws and agreements.
  • Notify Payzium of any transaction adjustments.
  • Maintain Equipment and provide access as necessary.
  • Provide reports and complete other tasks as requested by Payzium.

8. Feedback; Marketing and Communications

  • Communications, including feedback, may not be confidential.
  • Feedback provided by the Merchant may be used and shared by Payzium.

9. Disclaimers; Limitation of Liability

  • Services are provided “as is,” without warranties.
  • Payzium shall not be liable for indirect or consequential damages.
  • The Merchant indemnifies Payzium for any claims arising from non-compliance.

10. Indemnification

The Merchant indemnifies Payzium for any damages resulting from non-compliance.

11. Assignment

Assignment of this Agreement requires prior written consent from both parties.

12. Termination

  • Payzium reserves the right to terminate this Agreement for non-compliance.
  • Early termination may incur a fee, except in specified circumstances.

13. Enurement

This Agreement binds successors and permitted assigns.

14. Amendments

Payzium may amend these terms with notice to the Merchant.

15. Notices

Notices under this Agreement are provided as specified herein.

16. No Waiver; Severability

No waiver of rights under this Agreement shall be deemed a waiver unless expressly stated in writing. If any provision of this Agreement is deemed invalid, the remainder shall remain in full force and effect.

17. Governing Law; Jurisdiction; Class Action Waiver

  • Ontario law governs this Agreement, with disputes to be resolved in Ontario courts.
  • Dispute resolution shall not involve jury trials or class actions.

18. Changes

The Merchant is responsible for reviewing and accepting updates to these terms.

19. Survival

Certain provisions of this Agreement survive its termination.

20. Language

This Agreement is drawn up in English; the English version prevails in case of any inconsistencies.

By using the Application, you indicate your acceptance of these
Terms and Conditions. Please review them carefully.

Disclaimer

Payzium is the trademark property of Payzium Holding Inc., all rights reserved. Any reference to Payzium in any term is inclusive of all its subsidiaries and affiliates as applicable. We comply with regional privacy regulations, including the GDPR, CASL, Quebec Law 25, and the CCPA, respecting individual rights and preferences. Payzium is a Registered MSP/ISO of the Canadian branch of U.S. Bank N.A. and Elavon. Payzium is also a Global Payments Direct, Inc. Partner and Registered MSP/ISO of Wells Fargo Bank, N.A., Walnut Creek, CA. Payzium is also a First Data Canada Ltd. Partner and Registered MSP/ISO of Wells Fargo Bank, N.A., Canadian Branch, Toronto, ON, Canada. New applicants are subject to conditions and approval of the application by Payzium and its partnering bank.