Terms of Service

1. Acceptance of Terms

By accessing or using the ChargeAct website, submitting an application, or engaging with any services provided by ChargeAct (hereinafter "ChargeAct," "we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our website or services.

These Terms apply to all visitors, applicants, merchants, and others who access or use our services. We reserve the right to update or modify these Terms at any time without prior notice. Your continued use of our services following any changes constitutes your acceptance of the revised Terms.

2. Description of Services

ChargeAct provides merchant account and payment processing services, including but not limited to credit card processing, digital payment acceptance, retail and point-of-sale solutions, mobile payments, high-risk merchant accounts, fraud protection, and MOTO (mail order/telephone order) processing. Our services are facilitated through relationships with acquiring banks, payment processors, and technology partners.

ChargeAct acts as a payment services intermediary and agent. Actual merchant account agreements are subject to the terms and conditions of the applicable acquiring bank or payment processor. ChargeAct does not guarantee approval of any merchant account application.

3. Eligibility

To use our services, you must be at least 18 years of age and have the legal authority to enter into binding agreements on behalf of yourself or the business entity you represent. By submitting an application or using our services, you represent and warrant that you meet these requirements.

4. Application and Approval Process

Submitting an application through ChargeAct does not guarantee approval for a merchant account or payment processing services. All applications are subject to underwriting review by our banking and processing partners. ChargeAct reserves the right to decline any application at its sole discretion.

You agree to provide accurate, complete, and current information in your application. Providing false or misleading information may result in immediate termination of services and may expose you to legal liability.

5. Fees and Pricing

Processing rates and fees are determined on a case-by-case basis depending on your business type, processing volume, industry risk classification, and other factors. All rates and fees will be disclosed to you by your dedicated account manager prior to activation of services.

ChargeAct strives to provide transparent pricing with no hidden fees. However, certain fees may be assessed by acquiring banks, card networks (Visa, Mastercard, Discover, American Express), or third-party technology providers and are outside of ChargeAct's control. Your account manager will explain all applicable fees before you commit to any agreement.

6. Prohibited Activities

You agree not to use ChargeAct's services for any unlawful, fraudulent, or prohibited purpose. Prohibited activities include, but are not limited to:

• Processing transactions for goods or services that are illegal under applicable federal, state, or local law
• Engaging in money laundering, terrorist financing, or other financial crimes
• Submitting fraudulent transactions or chargebacks
• Misrepresenting your business type, products, or services in your application
• Using our services in a manner that violates card network rules (Visa, Mastercard, etc.)
• Attempting to circumvent fraud prevention or security measures
• Processing transactions on behalf of undisclosed third parties

Violation of these prohibitions may result in immediate suspension or termination of services, reporting to relevant authorities, and potential legal action.

7. Chargebacks and Disputes

You are responsible for managing chargebacks and transaction disputes in accordance with card network rules and your merchant agreement. Excessive chargebacks may result in the suspension or termination of your merchant account. ChargeAct may provide guidance and support in chargeback management, but ultimate responsibility for dispute resolution lies with the merchant.

8. PCI DSS Compliance

Merchants are required to maintain compliance with the Payment Card Industry Data Security Standard (PCI DSS) as applicable to their processing environment. ChargeAct may provide guidance on PCI compliance requirements, but each merchant is solely responsible for achieving and maintaining their own compliance status.

9. Intellectual Property

All content on the ChargeAct website, including text, graphics, logos, images, and software, is the property of ChargeAct or its licensors and is protected by applicable intellectual property laws. You may not reproduce, distribute, modify, or create derivative works from any content on this site without our express written permission.

10. Disclaimer of Warranties

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

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CHARGEACT SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO YOUR USE OF OUR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE FEES PAID BY YOU TO CHARGEACT IN THE THREE (3) MONTHS PRECEDING THE CLAIM.

12. Indemnification

You agree to defend, indemnify, and hold harmless ChargeAct and its respective officers, directors, employees, agents, and partners from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with your use of our services, your violation of these Terms, or your violation of any applicable law or third-party rights.

13. Termination

ChargeAct reserves the right to suspend or terminate your access to our services at any time, with or without cause, and with or without notice. Upon termination, all provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

14. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Any dispute arising out of or relating to these Terms or our services shall be resolved through binding arbitration in Los Angeles County, California, in accordance with the rules of the American Arbitration Association, except that either party may seek injunctive or other equitable relief in any court of competent jurisdiction.

15. Privacy

Your use of ChargeAct's services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our practices.

16. Contact Us

If you have any questions about these Terms of Service, please contact us: