Effective Date: 07/07/2026
This Merchant Services Agreement (“Agreement”) is entered into between Octalas Pay (“Octalas Pay”, “we”, “our”, or “us”) and the merchant (“Merchant”, “you”, or “your”) using our payment processing and merchant services.
By completing onboarding or using the Services, you agree to this Agreement.
1. Services
Octalas Pay provides payment technology and merchant services, including:
- Card payment acceptance
- Digital payment solutions
- Online payment gateway services
- Payment APIs
- Payment orchestration
- Merchant onboarding
- Settlement reporting
- Fraud monitoring
- Payment analytics
- Value-added financial technology services
Certain regulated financial services are provided by authorised banking, payment institution, or electronic money institution partners.
2. Merchant Eligibility
The Merchant confirms that it:
- Is legally established.
- Has authority to enter this Agreement.
- Will only conduct lawful business.
- Will comply with all applicable laws and regulations.
3. Merchant Onboarding
Before activation, the Merchant may be required to provide:
- Company registration documents
- Beneficial ownership information
- Identification documents
- Bank account verification
- Proof of address
- Business model information
- Website review
- Source of funds information
Octalas Pay reserves the right to approve or reject any application.
4. Compliance
The Merchant agrees to comply with:
- Anti-Money Laundering (AML) laws
- Counter-Terrorist Financing (CTF) regulations
- Know Your Customer (KYC) requirements
- Sanctions regulations
- PCI DSS requirements where applicable
- Card scheme operating rules
- Consumer protection laws
- Data protection legislation
Compliance reviews may be carried out periodically throughout the business relationship.
5. Payment Processing
Payment transactions are processed through authorised financial institutions and payment partners.
Transaction authorisation, settlement, chargebacks, and refunds are subject to the rules of:
- Card schemes
- Banking partners
- Payment processors
- Applicable regulations
Octalas Pay cannot guarantee approval of individual transactions.
6. Merchant Responsibilities
The Merchant agrees to:
- Deliver goods and services as described.
- Maintain accurate customer information.
- Resolve customer disputes promptly.
- Protect customer data.
- Maintain PCI DSS compliance where required.
- Promptly notify Octalas Pay of any security incident.
7. Fees
Merchant fees will be agreed separately and may include:
- Transaction processing fees
- Monthly service fees
- Gateway fees
- Chargeback fees
- Currency conversion fees
- Settlement fees
- Additional optional services
Fees may be amended with reasonable notice where permitted.
8. Settlement
Approved funds will be settled according to the agreed settlement schedule.
Octalas Pay may delay or withhold settlement where:
- Fraud is suspected.
- Compliance reviews are ongoing.
- Chargeback exposure exists.
- Required documentation is outstanding.
- Regulatory obligations require intervention.
9. Refunds & Chargebacks
The Merchant is responsible for:
- Customer refunds
- Chargebacks
- Retrieval requests
- Supporting documentation
Chargeback fees may apply.
Octalas Pay reserves the right to debit settlement funds to recover outstanding liabilities.
10. Fraud Prevention
Octalas Pay uses fraud prevention technologies and reserves the right to:
- Decline transactions
- Suspend processing
- Request additional verification
- Freeze settlements where risk is identified
11. Prohibited Businesses
The Merchant must not process transactions relating to:
- Illegal goods or services
- Money laundering
- Terrorist financing
- Sanctioned jurisdictions
- Counterfeit goods
- Intellectual property infringement
- Fraudulent activities
- Any prohibited industry identified during onboarding
Octalas Pay may update the list of prohibited businesses at any time.
12. Data Protection
Both parties agree to comply with applicable privacy and data protection laws.
Customer information must only be processed for legitimate business purposes.
13. Confidentiality
Both parties agree to maintain the confidentiality of proprietary information exchanged during the business relationship.
14. Intellectual Property
All software, APIs, trademarks, documentation, and intellectual property remain the exclusive property of Octalas Pay or its licensors.
No ownership rights are transferred to the Merchant.
15. Suspension & Termination
Octalas Pay may immediately suspend or terminate Services where:
- Fraud is suspected.
- Regulatory obligations require action.
- This Agreement is breached.
- Material business risks arise.
- Required compliance information is not provided.
Termination does not remove any outstanding financial obligations.
16. Limitation of Liability
To the fullest extent permitted by law, Octalas Pay shall not be liable for indirect, incidental, consequential, or special damages, including loss of profits, revenue, business opportunities, or data arising from the use of the Services.
Our total liability under this Agreement shall not exceed the fees paid by the Merchant during the twelve (12) months preceding the event giving rise to the claim, except where liability cannot be limited by law.
17. Indemnity
The Merchant agrees to indemnify and hold harmless Octalas Pay, its affiliates, directors, officers, employees, licensors, and partners against claims, losses, liabilities, damages, costs, and expenses arising from the Merchant’s breach of this Agreement, unlawful conduct, products or services, customer disputes, or failure to comply with applicable laws or card scheme rules.
18. Governing Law
This Agreement shall be governed by the laws of the jurisdiction of the contracting Octalas Pay entity unless otherwise agreed in writing or required by applicable law.
19. Amendments
Octalas Pay may amend this Agreement from time to time. Material changes will be communicated to Merchants before taking effect where required by law.
20. Contact
Legal Department
Octalas Pay
Email: legal@octalaspay.com
