Terms & Conditions

1. Acceptance of Terms

By accessing or using the ePayments Network platform, APIs, dashboards, or any associated services (collectively, the "Services"), you ("Merchant", "you", or "your") agree to be bound by these Terms & Conditions ("Terms"), our Privacy Policy, and any additional policies or guidelines incorporated herein by reference. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity.

If you do not agree to these Terms, you must immediately discontinue use of the Services. ePayments Network, operated by EverExpanse LLC ("EPN", "we", "our", or "us"), reserves the right to update these Terms at any time in accordance with Section 15 below.

2. Description of Services

ePayments Network provides a technology-driven payment processing platform that enables merchants to accept, process, and manage electronic payments including credit and debit card transactions, ACH / bank transfers, recurring billing, and other payment methods made available from time to time. The Services include:

- Payment Gateway — Secure transmission and authorization of payment transactions between merchants, cardholders, and financial institutions.
- Merchant Dashboard — A web-based portal for transaction management, reporting, reconciliation, and account configuration.
- Developer APIs & SDKs — Programmatic interfaces enabling merchants to integrate payment acceptance into websites, mobile applications, and business systems.
- Billing & Subscription Management — Tools to create, manage, and automate recurring billing plans and subscription schedules.
- Reporting & Analytics — Transaction-level and aggregate reporting tools for business intelligence and financial reconciliation.

EPN reserves the right to modify, suspend, or discontinue any feature of the Services upon reasonable notice, except where immediate action is required for security or legal compliance.

3. Eligibility & Account Registration

Eligibility — The Services are available only to legally formed business entities or individuals of legal age (18+) who are permitted to form binding contracts under applicable law. By registering, you represent that (i) the information you provide is accurate and complete, (ii) you will maintain the accuracy of that information, and (iii) your use of the Services does not violate any applicable law or regulation.

Account Registration — You must complete EPN's merchant application process, including identity and business verification ("Know Your Business" / KYB). EPN may, in its sole discretion, accept or reject any application. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. Notify us immediately at legal@epayments.network if you suspect unauthorized access.

Account Types — EPN may offer different account tiers with varying features, transaction limits, and pricing. Your selected account type is subject to the pricing schedule agreed at onboarding.

4. Merchant Obligations

As a merchant using the Services, you agree to:

- Comply with all applicable laws and regulations, including those governing consumer protection, data privacy, anti-money laundering (AML), and financial services in the jurisdictions where you operate.
- Comply with the rules, regulations, and operating guidelines of applicable card networks (Visa, Mastercard, American Express, Discover) and payment schemes, as amended from time to time.
- Maintain and display an accurate and clearly communicated refund, return, and cancellation policy to your customers.
- Provide truthful and accurate product and service descriptions, and fulfill orders in accordance with those descriptions.
- Promptly respond to chargebacks and disputes within the timeframes required by card network rules.
- Maintain a chargeback ratio below thresholds set by card networks and EPN. Exceeding these thresholds may result in additional fees, reserve requirements, or account suspension.
- Not use the Services to process transactions on behalf of undisclosed third-party merchants ("payment facilitation") without EPN's prior written consent.
- Maintain all required business licenses, registrations, and permits applicable to your industry and business type.

5. Payment Processing

Authorization & Settlement — EPN processes payment transactions on your behalf through our acquiring bank partners and card network connections. Authorization of a transaction does not guarantee final settlement; funds are subject to hold, reversal, or clawback in connection with fraud, chargebacks, or violations of these Terms.

Settlement Timing — Settlement of funds to your designated bank account typically occurs within the timeframes specified in your merchant agreement or dashboard. EPN reserves the right to delay settlement where there is a reasonable suspicion of fraud, elevated chargeback risk, or pending dispute.

Reserves — EPN may establish and maintain a rolling or fixed reserve of a percentage of your processed volume to mitigate risk associated with chargebacks, refunds, or potential violations. Reserve amounts and release schedules will be communicated to you and may be adjusted based on your processing history and risk profile.

Refunds — You are solely responsible for issuing refunds to your customers in accordance with your stated refund policy. Refunds processed through the platform will be deducted from your settlement balance or charged to your account if the balance is insufficient.

Currency — Unless otherwise agreed, transactions are settled in U.S. Dollars (USD). Multi-currency processing, where available, is subject to applicable exchange rates and conversion fees.

6. Fees & Billing

Fee Schedule — Your use of the Services is subject to the fees set out in your merchant onboarding agreement or the pricing schedule displayed in your merchant dashboard. Fees may include transaction fees, monthly platform fees, chargeback fees, refund fees, wire fees, and fees for optional add-on features.

Fee Changes — EPN may update fees with at least thirty (30) days' written notice (which may be delivered via email or in-app notification). Continued use of the Services after the effective date of a fee change constitutes acceptance of the updated fees.

Taxes — All fees are exclusive of applicable taxes. You are responsible for all taxes, duties, or levies arising from your use of the Services, other than taxes on EPN's own net income.

Disputed Charges — If you believe a fee has been incorrectly charged, you must notify EPN within sixty (60) days of the charge. Disputes raised after this period may not be eligible for credit.

Delinquent Accounts — EPN reserves the right to suspend or terminate Services for accounts with overdue balances. Outstanding amounts may be deducted from your settlement funds or reserve balance.

7. Prohibited Activities

You may not use the Services for any of the following:

- Processing payments for goods or services that are illegal in the merchant's or customer's jurisdiction.
- Transactions related to gambling, adult content, illegal weapons, narcotics, counterfeit goods, or any business type listed on EPN's prohibited merchant list (available upon request).
- Laundering money, structuring transactions to avoid reporting thresholds, or otherwise circumventing AML/CFT regulations.
- Conducting fraudulent transactions, including knowingly processing stolen card data or fabricated orders.
- Misrepresenting your business type, goods, or services to EPN or to cardholders.
- Sharing your API keys, credentials, or account access with unauthorized parties.
- Introducing malware, viruses, or other harmful code into EPN systems.
- Reverse engineering, decompiling, or otherwise attempting to derive source code from EPN's APIs or platform.

Violation of any prohibition in this section may result in immediate account suspension, termination, reporting to law enforcement, and recovery of all losses incurred by EPN.

8. Intellectual Property

EPN IP — All software, APIs, designs, trademarks, logos, documentation, and other materials comprising the Services are the exclusive property of EverExpanse LLC or its licensors and are protected by applicable intellectual property laws. These Terms do not grant you any ownership interest in the Services.

Limited License — Subject to your compliance with these Terms, EPN grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services solely for your internal business purposes.

Your Content — You retain ownership of all data, content, and materials you submit through the Services ("Merchant Content"). By using the Services, you grant EPN a limited license to process and use Merchant Content solely to provide the Services.

Feedback — If you provide suggestions, feedback, or ideas regarding the Services, EPN may use such feedback without restriction or compensation to you.

9. Confidentiality

Each party agrees to keep confidential all non-public information disclosed by the other party that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information ("Confidential Information"). Neither party will disclose the other's Confidential Information to third parties without prior written consent, except as required by law, court order, or regulatory authority. This obligation survives termination of these Terms for a period of three (3) years.

For clarity, transaction data, pricing terms, API keys, and EPN's technical documentation are considered Confidential Information.

10. Data Privacy & Security

Payment Card Security — EPN routes transactions through its network of PCI DSS certified gateway partners. Cardholder data (card numbers, CVV/CVC, track data) is collected and processed exclusively within those gateway environments — it does not transit or reside on EPN's own servers. Merchants using EPN's gateway-hosted checkout forms benefit from the gateway partner's PCI DSS certification and typically qualify for SAQ A, the simplest self-assessment. Where you collect card data outside a gateway-hosted form, you are solely responsible for your own PCI DSS compliance.

Data Processing — To the extent EPN processes personal data on your behalf, the parties' rights and obligations are governed by EPN's Data Processing Agreement ("DPA"), which is incorporated into these Terms by reference and is available upon request.

Security Incidents — You must promptly notify EPN (within 24 hours) if you become aware of any actual or suspected security breach, unauthorized access, or compromise of cardholder data or EPN credentials. Failure to notify may result in increased liability for resulting losses.

Cardholder Data Prohibition — You must not store full card numbers, CVV/CVC codes, or magnetic stripe track data on your own systems. Use the payment token references provided by EPN's gateway partners for recurring billing and repeat charges. Storing raw card data without independent PCI DSS certification and acquiring bank authorization may result in card network fines and account termination.

11. Disclaimers

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. EPN DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

EPN makes no warranty that any transaction will be authorized or that funds will be received from any cardholder or bank. Authorization decisions are ultimately made by issuing banks and card networks, over which EPN has no control.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EPN AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES, EVEN IF EPN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL EPN'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING UNDER THESE TERMS EXCEED THE GREATER OF (A) THE TOTAL FEES PAID BY YOU TO EPN IN THE THREE (3) MONTHS PRECEDING THE CLAIM, OR (B) ONE THOUSAND U.S. DOLLARS ($1,000).

Some jurisdictions do not allow the exclusion or limitation of liability for certain damages; in those jurisdictions, EPN's liability is limited to the fullest extent permitted by law.

13. Indemnification

You agree to indemnify, defend, and hold harmless EPN, EverExpanse LLC, and their respective affiliates, officers, directors, employees, agents, and licensors from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

- Your use of the Services in violation of these Terms;
- Your violation of any applicable law or regulation;
- Your products, services, or business operations;
- Any claim by a third party (including cardholders) arising from transactions processed through your merchant account;
- Any chargeback, fine, or penalty imposed on EPN by a card network or acquiring bank as a result of your actions or omissions.

EPN reserves the right to assume exclusive defense and control of any matter subject to indemnification at your expense, and you agree to cooperate with EPN's defense.

14. Term & Termination

Term — These Terms commence on the date you accept them (by account registration or use of the Services) and continue until terminated by either party.

Termination by You — You may close your merchant account and terminate these Terms at any time by providing written notice to legal@epayments.network. Termination does not relieve you of obligations for fees, chargebacks, or other liabilities incurred prior to termination.

Termination by EPN — EPN may suspend or terminate your account immediately and without notice if you (i) violate these Terms or any applicable law; (ii) present an unacceptable fraud or chargeback risk; (iii) become insolvent or subject to bankruptcy proceedings; or (iv) engage in conduct that EPN reasonably believes could harm EPN, its partners, or cardholders. For other material breaches, EPN will provide thirty (30) days' written notice and an opportunity to cure.

Effect of Termination — Upon termination: your access to the Services will be revoked; EPN will settle any outstanding funds owed to you after deducting fees, reserves, and estimated chargeback liability; provisions that by their nature should survive (including Sections 8–13 and 15) shall survive.

15. Dispute Resolution & Governing Law

Governing Law — These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict-of-law principles.

Informal Resolution — Before initiating formal proceedings, the parties agree to attempt in good faith to resolve any dispute through negotiation for at least thirty (30) days after one party notifies the other in writing of the dispute.

Binding Arbitration — If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration will be conducted in English, in Wilmington, Delaware. Each party will bear its own costs unless the arbitrator determines that a claim was frivolous.

Class Action Waiver — YOU AND EPN AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Exceptions — Either party may seek emergency injunctive or equitable relief from a court of competent jurisdiction to prevent irreparable harm pending arbitration.

16. Changes to These Terms

EPN may revise these Terms at any time. For material changes, we will provide at least thirty (30) days' advance notice via email or in-app notification. Non-material changes (such as typographical corrections or clarifications that do not affect your rights) may be made without notice. Your continued use of the Services after the effective date of revised Terms constitutes your acceptance. If you do not agree to the revised Terms, you must stop using the Services and close your account before the effective date.

17. General Provisions

Entire Agreement — These Terms, together with the Privacy Policy, DPA, and any executed merchant agreement or order form, constitute the entire agreement between you and EPN with respect to the Services and supersede all prior agreements and understandings.

Severability — If any provision of these Terms is found to be unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force.

Waiver — EPN's failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.

Assignment — You may not assign or transfer these Terms or any of your rights or obligations without EPN's prior written consent. EPN may freely assign these Terms in connection with a merger, acquisition, or sale of assets.

Force Majeure — Neither party is liable for failure to perform obligations due to causes beyond its reasonable control, including natural disasters, acts of government, internet outages, or card network failures.

Notices — Notices to EPN must be sent to legal@epayments.network. Notices to you will be sent to the email address associated with your merchant account.

18. Contact Us

If you have any questions about these Terms & Conditions, please contact our legal team:

Email: legal@epayments.network
Mailing Address: ePayments Network — Legal, EverExpanse LLC, 2201 Double Creek Dr Suite 3001, Round Rock, Austin, Texas, USA - 78664

For payment disputes or account support, please use the Help Center within your merchant dashboard or email support@epayments.network.