Terms of Use

Terms Effective As Of October 3, 2022.

These Terms of Use (collectively the “Terms”) apply specifically to ecommerce and retail Merchants that utilize the FirstPayment systems, products, and services to accept payments from Consumers of any type in the form of supported virtual currencies and receive commercial settlements in fiat or virtual currencies. By using any of the FirstPayment services, including accessing this website, you acknowledge and accept these Terms and agree to be bound by them.

FirstPayment Services

FirstPayment is a virtual/cryptocurrency payment processor that facilitates the acceptance of payments by Merchants in exchange for goods and services, both tangible and intangible, in multiple markets throughout the world.

FirstPayment does not provide:

Exchange services
OTC services
ATM services
Foreign exchange
Cash services in any form
Custody of crypto assets
Interaction with privacy tokens in any form
Crypto tumbler/mixer services in any form
Any service other than payment and remittance services

FirstPayment facilitates the acceptance of crypto currencies that are supported by our liquidity partners and not specifically regulated/forbidden by regulatory authorities in jurisdictions that we have a presence in. Merchants and Consumers can not exchange fiat currency for digital currency OR buy/sell virtual currencies from FirstPayment at any time.

By using the Services, you authorize FirstPayment to act as an Agent as governed by these Terms of Use and the FirstPayment Consumer Terms of Use. FirstPayment agrees to perform the services and remit payment to you as dictated by these Terms and the FirstPayment Merchant Agreement.

FirstPayment – Our Details

FirstPayment is a registered MSB in Canada with details:

Name: FirstPayment Inc
Registration Number: M22153885
Address: 82 RICHMOND ST. EAST TORONTO, ON, CANADA M5C1P1

FirstPayment is a registered MSB in the United States with details:

Name: First Payment USA Inc.
Registration Number: 31000218200613
Address: 701 S CARSON ST STE 200, Carson City, NV, 89701, USA

Activities and Regulation

FirstPayment is subject to Canadian and U.S. laws, regulations, and guidelines. In addition, we embrace and strive towards best practices in related fields such as ecommerce guidelines, those administered by fiat currency payment schemes and regulatory agencies, and our own internal risk appetite. Specifically, FirstPayment has reporting and identification guidelines under FINTRAC in Canada for activities undertaken by our Canadian entity. FirstPayment has reporting and identification guidelines under FINCEN in the United States undertaken by our US entity. This includes client identification, monitoring, and reporting of any eligible transactions. We strive to adhere to best practices identified in ecommerce in traditional finance.

Note that FirstPayment only accepts businesses which are:

Legal
Are a going concern
Trade in legal products/services
Enforce their own identification and privacy measures

Additionally, FirstPayment abides by our Privacy Policy, and global privacy legislation such as the GDPR with regard to data subjects and their personally identifying information. Please see our Privacy Policy for specific information regarding this.

Merchant Representations and Warranties

As a Merchant you warrant that:

You are authorized to accept these Terms on behalf of your entity, yourself, and the entity/group that will collectively be known as the “Merchant”
You will fulfill your obligations under these Terms and the FirstPayment Merchant Agreement
You are not impaired or otherwise acting in a diminished capacity at the time of acceptance
Your company/sole proprietorship/entity is legally organized, in good standing, and able to enter into an agreement with FirstPayment
You are entering into these Terms and your business relationship with FirstPayment as a Merchant and not a Consumer
You acknowledge that any relationship with Consumers is governed by our Consumer Terms of Use and that you are aware of same
You will only use the services in a legal way that is in line with the letter and spirit of these Terms
You will only accept payments for products and services that have been expressly approved and underwritten by FirstPayment
You will not sell, transfer, or otherwise provide a third party with access to your account or the FirstPayment services without our express written permission
You will not utilize the services for the purposes of currency exchange, virtual or fiat, or to facilitate the sale of crypto currencies
You have provided us with truthful and accurate information

Rules of the Road – Merchant Accounts

Account Opening

FirstPayment is a registered MSB in Canada and has obligation to identify our clients in line with the PCMLTFA in Canada and BSA in the United States. As such, we require the following information at minimum at account opening:

Documents related to your business including, but not limited to; incorporation records, articles and/or memorandums of association, supplier agreements, lease agreements, internal policy and procedure documents
Documents related to the ownership of your business including, but not limited to; identity documents for owners including government issue photo ID and/or utility bills, resumes, and organizational charts
Documents related to your financial performance and standing including, but not limited to; tax filings, bank statements, cryptocurrency wallet address(es), processing history for fiat currency payment methods
Documents related to your business operations such as; shipping records, supplier agreements and others

Account Maintenance

FirstPayment may impose, at our sole discretion and with or without notice to you, limits and caps on your processing including transaction size limits, both minimum and maximum, daily processing volumes, velocity controls, automated crypto forensics and others.

Consumer Validation

Depending on the product and service you offer you may be required to collect and validate Consumer information such as name, address, email address, phone number, IP address, device ID, cryptocurrency wallet address(es) and others.

Additionally, you are required to comply with all requests by FirstPayment for supporting information on a payment, or payments, including proof of service fulfillment, correspondence with the customer and any other material information relevant to that purchase and Consumer. Failure to provide information in a timely fashion on request may lead to suspension of your Merchant Account.

Prohibited and Forbidden Uses

FirstPayment does not knowingly engage with, support, or otherwise facilitate payments for any illegal or illicit purpose at any time. This list will be updated on a regular basis and, where an activity that you as a Merchant engage in becomes regulated or illegal FirstPayment may suspend or terminate your access to the service at any time. Prohibited and forbidden uses of our services are determined by us in our sole discretion and any cessation, suspension or termination of service due to prohibited products or activities is final.

Illegal Activity: Services or products which are expressly prohibited in your jurisdiction OR in the jurisdiction of your Consumers.
DDoS, Doxxing, or Similar Services: We expressly forbid payments for services of this nature as they target infrastructure and systems of organizations or persons. Additionally, these actions may constitute crimes and may deprive the targets of the use of their infrastructure and/or place them at risk of physical harm.
Defamation, Libel, Harassment, Stalking, or “Spyware”: Products or services that violate the privacy of others or make statements which may be untrue and/or harmful are explicitly prohibited.
Fraud: Any action or service which operates under false pretense or false representation to enrich a Merchant at the expense of others.
Copyright Infringement, Replicas, Pirate Software: Any product or service which distributes software counter to licensing agreements, infringes on copyrights, or creates false/fraudulent replicas of replica and/or name brand products is explicitly prohibited.

Prohibited Business Types

The following products and industries are precluded from access to the Services in any ways

Illicit drugs including pharmaceuticals
Marijuana, psilocybin and other drugs except where licensed by the Federal government in your jurisdiction
Guns, ammunition, and other weapons
Chemicals including “research chemicals”, “peptides”, “bath salts” and other products of this nature
Illegal pornography
Child abuse material including products that sexualize minors
Multi level marketing
Financial services that require a license where the Merchant does not have the license required
Government grant assistance
Travel and work visa assistance
Peer to peer transactions
Binary options
Contracts for difference
Shell banks
Incorporation services

Restricted Business Types

The following business types are only accepted after the completion of enhanced due diligence and only with express written approval of FirstPayment executive. Note that any businesses of the below types will be subject to probationary controls including processing caps, settlement restrictions and ongoing monitoring.

Charities
Low income housing development
Religious organizations
Money services businesses
Online financial services such as e-Wallets, prepaid credit cards, financial applications and others
Currency exchange
Licensed financial activities such as crypto exchanges
Lotteries and gaming
eSports
Fantasy sports
Legal services

Account Security – Your Obligations

You are solely responsible for the security of your account credentials. We recommend you choose a unique and strong password that you do not use for any other service. Additionally, we recommend that you change your password regularly and implement two factor authentication where possible.

If you believe that your account has been compromised and any transactions were not conducted by you it is your responsibility to notify us immediately. You acknowledge that you are responsible for all transactions conducted on your account. FirstPayment accepts no liability, financial or otherwise, for any transactions that are conducted due to your inability or unwillingness to employ safe computing and access practices.

Transaction Records

Your transaction history is available within your account at any time. Should you require assistance accessing this please contact our Support team.

Account Suspension, Termination, Reactivation, and Investigation

Closing Your Account

Merchants may request to close their account at any time. Closing your account does not eliminate or absolve you of responsibility for fees, non-circumvention, non-disclosure or other obligations under this agreement.

Suspension or Termination of Your Account By FirstPayment

We may close your account at any time at our sole discretion with or without notice to you. If your account, and activity, is placed under review and investigation by our Risk or Compliance teams you are required to comply with requests under said investigation. Failure to comply with requests from our Compliance team will result in immediate suspension and/or termination of your account.

Similarly, your account may be closed if you carry a negative balance and do not make efforts to rectify this. Additionally, abuse of our staff is not tolerated under any circumstance and will result in immediate termination of your account.

Use of the FirstPayment Logo and Trademarks

As long as you have an active account with FirstPayment and use the FirstPayment services you may display our logo on your website and in your marketing material with our approval. Additionally, we may require that you post our logo and a link to our Consumer Terms and Conditions in order to accept and access the Services. Failure to display this may result in suspension or termination of your access to the Services.

Supported Currencies

Our supported currencies are updated regularly and are available at www.yuzupay.com FirstPayment will not support privacy tokens, tokens that may be securities, ICOs, IEOs, or similar under any circumstance.

Unclaimed Balances

If your account is closed for any reason with a balance and you do not contact us OR respond to our attempts to contact you for a period of 365 days from the date of account closure your balance may be liquidated without further notice to you. Where your account has been dormant for a period of 730 days without a login attempt, transaction, correspondence with us OR reply to our correspondence and contact attempts to you your balance may be liquidated without further notice to you. In instances of liquidation of balances, we will adjust your account to a zero balance, close your account if not already closed and add the funds to our revenues/treasury.

Refunds

Refunds should be conducted at the Merchant discretion where a Consumer submits a valid request for a refund. Where a Merchant fails to refund a Consumer and the Consumer contacts FirstPayment our first action is always to refer the Consumer to the Merchant for further information. If a Consumer files a formal complaint or otherwise escalates a matter to FirstPayment we may, at our sole discretion, refund the Consumer from the Merchant’s balance. The Merchant acknowledges and accepts this.

Additionally, where a Consumer requests a refund of the amount in cryptocurrency after a purchase and the market has materially moved in such a way to engender loss for the Merchant the Merchant may in their sole discretion choose to refund the equivalent fiat value at the time of purchase. FirstPayment takes no position of arbitrator or similar in these matters.

Complaints

Merchants are bound by the following:

Acknowledging the complaint, in writing, within 10 days of receipt from the Consumer
Providing a final response to the Consumer within 30 days of receipt
Providing a path for the Consumer to escalate the complaint if needed

Where a FirstPayment Merchant submits a complaint to FirstPayment we will:

Acknowledge the complaint, in writing, within 10 days of receipt from the Merchant
Provide a final response to the Merchant within 30 days of receipt
Provide a path for the Merchant to escalate the complaint if needed

Fiat Payment and Settlement

FirstPayment settles fiat currency to Merchants on a regular schedule as outlined in the Merchant Agreement. All settlements are subject to minimums and carry fees such as those charged by our banking and payment processing partners. All fees relevant to settlement are debited from the Merchant settlement and reflected on statements. Where FirstPayment acts as Merchant of Record all settlements are payments to the Merchant for goods sold to the Consumer by FirstPayment.

It is the Merchant’s sole responsibility to ensure that FirstPayment provides accurate and current settlement information. Additionally, it is the Merchant’s sole responsibility to ensure only authorized parties have access to the Merchant’s bank account. FirstPayment accepts no liability for payments settled to incorrect bank accounts based on erroneous information provided by the Merchant. Similarly, we accept no liability for any issues that may occur with Merchant’s banking providers and partners.

Rolling Reserves

If your account and business type is deemed high risk OR your account has a high incidence of refunded and/or disputed transactions FirstPayment may implement a holdback of up to 10% of your total sales to ensure funds are available to cover refunds and disputes. If a rolling reserve is implemented these terms will be outlined in our Merchant Agreement.

Fees

All fees are outlined in the Merchant Agreement between FirstPayment and the Merchant. Where fees are changed FirstPayment will provide 30 days notice in writing to the Merchant. Additionally, full itemization of all fees is reflected on Merchant statements. Lastly, FirstPayment is not responsible for gas fees, bank fees, or other fees charged on processing by infrastructure or payment partners.

Indemnification

You agree to indemnify FirstPayment, its affiliated and related entities, and any of its officers, directors, employees and agents from and against any claims, costs, losses, liabilities, damages, expenses and judgments of any and every kind (including, without limitation, costs, expenses, and reasonable attorneys’ fees) arising out of, relating to, or incurred in connection with any claim, complaint, action, audit, investigation, inquiry, or other proceeding instituted by a person or entity that arises or relates to any actual or alleged breach of your representations, warranties, or obligations set forth in these Terms.

No Warranty

EXCEPT AS OTHERWISE SET FORTH IN THIS AGREEMENT, WE PROVIDE THE ACCEPTANCE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND YOUR USE OF THE ACCEPTANCE SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE PROVIDE THE ACCEPTANCE SERVICES WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT). WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE ACCEPTANCE SERVICES (AND OUR WEBSITE): WILL OPERATE ERROR-FREE OR THAT DEFECTS OR ERRORS WILL BE CORRECTED; WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE, UNINTERRUPTED OR SECURE AT ANY PARTICULAR TIME OR LOCATION; ARE FREE FROM VIRUSES OR OTHER HARMFUL CONTENT. WE DO NOT ENDORSE, WARRANT, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE OFFERED OR ADVERTISED BY A THIRD PARTY THROUGH THE ACCEPTANCE SERVICES OR THROUGH OUR WEBSITE, AND WE WILL NOT BE A PARTY TO NOR MONITOR ANY INTERACTIONS BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

Limitation of Liability

EXCEPT AS OTHERWISE SET FORTH IN THIS AGREEMENT, IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OR ANY LOSS, THEFT, DISAPPEARANCE, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST DATA OR OTHER INTANGIBLE LOSSES THAT RESULT FROM THE USE OF, INABILITY TO USE, OR UNAVAILABILITY OF THE ACCEPTANCE SERVICES, REGARDLESS OF THE FORM OF ACTION AND WHETHER OR NOT WE KNEW THAT SUCH DAMAGE MAY HAVE BEEN INCURRED. FOR CUSTOMERS CONTRACTING WITH FIRSTPAYMENT WHILE THIS LIMITATION OF LIABILITY DISCLAIMS LOST PROFITS AND OTHER INDIRECT DAMAGES, FIRSTPAYMENT DOES NOT OTHERWISE EXCLUDE ITS LIABILITY FOR ITS GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING, VIRUS TRANSMISSION OR OTHER UNAUTHORIZED ACCESS OR USE OF THE ACCEPTANCE SERVICES, YOUR ACCOUNT, OR ANY INFORMATION CONTAINED THEREIN.

IN NO EVENT WILL OUR LIABILITY FOR ANY DAMAGES ARISING IN CONNECTION WITH THE ACCEPTANCE SERVICES OR THESE TERMS EXCEED THE FEES EARNED BY US IN CONNECTION WITH YOUR USE OF THE ACCEPTANCE SERVICES DURING THE 6 MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Tax

Merchants are solely responsible for declaring, charging, and remitting taxes in their jurisdiction. FirstPayment will comply with any valid process, subpoena, production order or similar from taxation authorities including disclosing account transaction history and settlement history.

Assignment

You may not transfer or assign your account or obligations to these Terms or any rights granted by these Terms. You agree and acknowledge that we may assign or transfer these Terms.

Severability

Should any provision of the Terms be determined to be invalid or unenforceable under any law, regulation, or court order, such determination will not affect the validity or enforceability of any other provision of the Terms.

Waivers

A party’s failure to assert any right or provision in the Terms shall not constitute a waiver of such right or provision, and no waiver of any term shall be deemed a further or continuing waiver of such or other term.

Notices

Notices must be in writing between the parties to the nominated contact details and person(s) in the Merchant Agreement. Notices that are not in writing and are not directed to the correct designated party are not valid under these terms or the Merchant Agreement.

Governing Law

Your relationship with FirstPayment and governing law thereby is dictated by which entity you contract with us under. Primarily the governing law of our agreements and services is Ontario, Canada.

Updates

We may update our Terms and/or our Merchant Agreement at any time. Where possible we will endeavor to notify you of updates to the Merchant Agreement in writing to the contact you designate in our Merchant Agreement. Updates to these Terms may be made at any time, with or without notice to you, and you acknowledge this accept responsibility for checking these Terms on a regular and ongoing basis.

Force Majeure

Neither party will be liable for delays in processing or other non-performance caused by such events as fires, telecommunications, utility, or power failures, equipment failures, labor strife, riots, war, non-performance of our vendors or suppliers, acts of God, pandemics, or other causes over which the respective party has no reasonable control; provided that the party has procedures reasonably suited to avoid the effects of such acts.

IMPORTANT INFORMATION ABOUT PROCEDURES FOR OPENING A NEW ACCOUNT — To help the government fight the funding of terrorism and money laundering activities, federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account. What this means for you: when you open an account, we will ask for your name, address, date of birth, and other information that will allow us to identify you. We will require your driver’s license or other identifying documentation.