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Terms and Conditions

Terms and Conditions Agreement

These Terms and Conditions (the "Agreement") govern the relationship between WiserPay ("the Company") and you as the Merchant regarding payment processing and related Services as defined herein. By registering for, accessing, or using WiserPay's Services, you agree to be legally bound by this Agreement. Your Service Provider is https://www.wiserpay.com

The Terms and Conditions set out herein constitute a binding contract between WiserPay and the Merchant. In the event of a legal dispute, arbitrators will look at it to determine whether each party acted within their rights under the laws of the Province of Ontario and the federal laws of Canada.

1. Definitions

  • Account: A secure merchant profile created within the WiserPay system, used to configure, manage, and monitor payment processing services.
  • Agreement: These Terms and Conditions together with any commercial schedule or onboarding form agreed upon activation.
  • APM (Alternative Payment Method): Any non-card payment solution supported through the WiserPay platform, including e-wallets, bank transfers, and mobile payment methods.
  • Business Day: A day excluding Saturdays, Sundays, and Canadian federal public holidays on which WiserPay operates and provides its services.
  • Commission Fee: The service fee charged by WiserPay for processing a payment transaction or any related service, as set out in the applicable commercial schedule.
  • Merchant: A legal entity registered with WiserPay that operates an Account and uses the Services to process payments from its end customers.
  • Services: The payment processing, routing, and technical services provided by WiserPay under this Agreement, facilitating connections to licensed acquiring banks and payment service providers.

2. Entire Agreement & Service Activation

These Terms and Conditions, together with any commercial schedule or addendum agreed in writing, constitute the entire binding agreement between the Merchant and WiserPay. These Terms and Conditions become legally binding upon the earliest of: completion of merchant registration, opening of an Account, or first use of any WiserPay Service.

The Merchant acknowledges that WiserPay is not a licensed bank or credit institution, and any Account created is not a bank account. WiserPay acts as a Payment Service Provider, enabling Merchants to connect to licensed acquiring banks and financial institutions for the purpose of processing card and APM transactions.

3. Merchant Registration (KYB/AML)

All Merchants are required to complete business verification before activating or continuing to use WiserPay's Services. To be eligible, the Merchant must be a validly incorporated legal entity, be authorized to enter into binding commercial agreements in its jurisdiction, and provide complete, accurate, and truthful information. Required documentation may include:

  • 1. Certificate of incorporation and corporate structure documents
  • 2. Government-issued identification of directors and beneficial owners
  • 3. Proof of business address and bank account details for settlement
  • 4. Any additional documents required by WiserPay's compliance or risk team

4. Services Provided

WiserPay provides Merchants with access to payment processing infrastructure that facilitates the initiation, routing, authorization, and settlement of electronic payment transactions. Services may include payment APIs, hosted payment pages, dynamic payment link generation, real-time transaction reporting, anti-fraud rule sets, and merchant onboarding support.

5. Fees and Payment Terms

WiserPay's fees are set out in the individual commercial schedule provided to the Merchant during onboarding. WiserPay reserves the right to revise its fee schedule at any time, with at least 14 (fourteen) calendar days' prior written notice via email or the merchant Account. Failure to pay outstanding amounts may result in suspension of Services.

6. Prohibited Activities

The Merchant agrees not to use the Services in connection with illegal, fraudulent, or deceptive activities; businesses prohibited by applicable law; excessive chargebacks; processing transactions on behalf of undisclosed third parties; money laundering or terrorist financing; or any activity that violates Visa, Mastercard, or applicable payment network rules.

7. Chargebacks and Disputes

The Merchant is responsible for maintaining chargeback rates within thresholds required by applicable card networks, responding promptly to chargeback notifications, and cooperating fully with WiserPay in the resolution of any disputes. WiserPay may introduce a rolling reserve or delay settlement if the Merchant's chargeback or fraud profile exceeds acceptable thresholds.

8. Termination

The Merchant may terminate this Agreement by providing at least 30 (thirty) calendar days' written notice. WiserPay reserves the right to suspend or terminate Services immediately and without notice in the event of breach of these Terms, prohibited activity, failure to provide required documentation, excessive chargebacks, payment default, or material misrepresentation.

9. Limitation of Liability

WiserPay provides all Services on an "as is" and "as available" basis without warranties of any kind. WiserPay's total aggregate liability shall not exceed the total Fees paid by the Merchant in the three (3) months immediately preceding the claim. WiserPay shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, or business opportunities.

10. Data Protection and Privacy

WiserPay processes personal data in accordance with applicable Canadian privacy legislation, including PIPEDA and applicable provincial privacy laws. The Merchant is responsible for obtaining all necessary consents from its end customers for the collection and processing of personal data in connection with the Services. For more information, see our Privacy Policy.

11. Governing Law & Dispute Resolution

The Terms and Conditions set out herein shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. Any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of the Province of Ontario, Canada.

Amendments to these Terms & Conditions

WiserPay reserves the right to amend these Terms and Conditions at any time. Notice of material amendments will be provided via email or the merchant Account no less than 14 (fourteen) calendar days before changes take effect. Continued use of the Services following the effective date of any amendment constitutes the Merchant's acceptance of the updated Terms.

For questions, comments, or legal notices, please contact:

[email protected]