Last Updated: May 20, 2025
These General Terms of Service (the “General Terms”), together with the Order Form and any applicable Specific Terms (as defined below), constitute a legal contract between you and The WeighPay Group Inc. ("WeighPay", “we”, “us”, or “our”), governing your use of our Services (as defined below). If you elect to use the Payment Services, you will also be bound by the Payment Services Terms of Use, facilitated through Payroc.com and Bill360.com, which form a contract between you and the Payment Services Provider. The terms “you” or “your” refer to any person or entity that is a current or prospective user of any of our Services. These General Terms incorporate our Privacy Policy and E-Sign Consent, as linked herein.
NOTICE: By executing an Order Form or accessing and/or using any of the Services, you agree to be bound by these General Terms, including the limitation of liability in Section 9. If you do not agree with any provisions in the Agreement, do not subscribe to or use our Services.
We may update these General Terms from time to time without notice, as stated in Section 15.5 (Amendment).
Unless otherwise noted, the meanings of defined terms in these General Terms apply to all documents comprising the Agreement. Capitalized terms not defined in the text have the following meanings, with singular terms including the plural and vice versa:
Subject to these General Terms, any applicable Specific Terms, and payment of all applicable Fees and Taxes through Payroc.com and Bill360.com, we will provide the Services specified in your Order Form. Your use of additional Services constitutes acceptance of the applicable Specific Terms.
Excluding on-premise installed software, we will:
The Services are for commercial use only; individual consumers are ineligible. We reserve the right to monitor all network traffic to our Sites and Services, and you consent to such monitoring. We may block intrusions, unauthorized attempts to upload or change information, or actions that could damage our Sites or Services.
You are granted a non-exclusive, non-transferable, non-sublicensable, revocable, limited right to access and use the Services and our proprietary technology and documentation (collectively, the “Licensed Program”) during the period for which you have paid through Payroc.com and Bill360.com, unless terminated earlier pursuant to the Agreement.
You are responsible for all use of the Services by you and your Users and liable for any breach of the Agreement by you or your Users.
You shall not, and shall not permit any third party to, directly or indirectly:
You will use reasonable efforts to prevent unauthorized access or use and promptly notify us of any such incidents.
Unless specified in the Software Terms, upgrades or modifications (“Updates”) may be automatically installed without notice or consent. You consent to automatic Updates. You must install required Updates provided by us, or access to the Services may be impaired.
All right, title, and interest in intellectual property rights (e.g., patents, copyrights, trademarks, trade secrets, source code, algorithms) used in or comprising the Services, Licensed Program, or created during implementation (collectively, “Intellectual Property”) are owned by us or our licensors/suppliers. You assign to us any rights you may have in such Intellectual Property without compensation. We may use suggestions, feedback, or recommendations (“Feedback”) provided by you or your Users without obligation, and you assign all rights in Feedback to us. No license or rights in Intellectual Property are granted except as expressly stated, and Your Data is excluded from Intellectual Property.
You shall:
To use the Services, you must register an Account and provide a Payment Method through Payroc.com and Bill360.com. You agree to provide accurate, complete, and current information and update it as needed. Inaccurate information may result in rejection, termination, or other actions, including contacting authorities. You may not permit unauthorized use of your Account or transfer it to third parties. Personally identifiable information is subject to our Privacy Policy.
You are responsible for maintaining secure usernames and passwords (“Access Credentials”) for you and your Users. You must ensure Access Credentials are not accessed by unauthorized parties and are used only by authorized Users. You are liable for all Account activity and any losses from intentional or negligent disclosure of Access Credentials. Notify us immediately of unauthorized use, and we may disable such access.
You retain all rights in Your Content and Your Data, subject to rights granted to us. You are solely responsible for the accuracy, quality, integrity, reliability, appropriateness, legality, and consequences of Your Content and Your Data. We are not obligated to review Your Content or Your Data and are not liable for their content, accuracy, or appropriateness. You grant us a worldwide, non-exclusive, royalty-free, transferable, sublicensable, perpetual, irrevocable license to access and use Your Content and Your Data to:
You warrant that any intellectual property provided is owned by you or you have necessary permissions, and it does not infringe third-party rights. Your Content and Your Data must not slander, defame, libel, contain malicious code, or include digital rights management. You are responsible for obtaining necessary consents for individually identifiable information. SMS messages are transmitted unencrypted, and eavesdropping is possible. Your sole remedy for loss or damage to Your Content or Your Data is our reasonable efforts to restore from the latest backup. We are not responsible for loss, corruption, destruction, alteration, or disclosure caused by us or third parties.
We own all rights in transactional, aggregated, and statistical content and data derived from the Services’ operation (“Analytical Data”), including record counts, transaction types, configurations, reports, and performance results. Nothing prohibits us from collecting, utilizing, transferring, or sharing Analytical Data.
You shall pay Fees itemized on the Order Form, processed through Payroc.com and Bill360.com, and all applicable Taxes assessed on Fees. Tax rates are based on your business location as provided in the Order Form. We may validate your location and charge additional Taxes if inaccurate. Fees and Taxes are non-refundable and include:
If exempt from Taxes, provide appropriate exemption certificates. We may review and charge Taxes if documentation is insufficient. You may not deduct or withhold Fees or Taxes unless required by law, in which case you will gross up payments to ensure we receive the full amount and provide documentation of withheld Taxes paid.
Services require a valid credit/debit card or ACH authorization (“Payment Method”) through Payroc.com and Bill360.com, with customary billing information (e.g., card/bank account number, billing address). You authorize us and our third-party processors to debit/charge your Payment Method for Fees and other amounts owed, including one-time and recurring Fees, and to collect via any method in the Order Form or Specific Terms. Recurring Fees will be charged as indicated in billing notifications, with no further notice. Payments on weekends/holidays may process the next business day. You authorize adjustments for erroneous transactions and must maintain sufficient funds/credit. Notify us of Payment Method changes at least 15 days before the next invoice due date. We may rely on your written instructions for changes. Incorrect ABA routing or account numbers are your responsibility. We may deduct Fees from transaction proceeds. You certify your authority to authorize debits/charges and the validity of your Payment Method. Authorizations remain until all obligations are paid or you cancel in writing. Electronic transactions have limited dispute windows; you agree not to dispute scheduled transactions matching these terms. Non-sufficient funds (“NSF”) incur a $35.00 charge per attempt, processed separately. Third-party processors may charge additional fees, which we may include in your Fees. You are responsible for compliance with your payment service provider’s terms and fees. We may pursue all legal and equitable remedies to collect amounts owed.
Subscription Services automatically renew at current rates without notice, as per Section 7, unless non-renewal notice is sent. Payment Services renew as per the Payment Terms.
Past due payments accrue interest at 1.5% per month or the maximum legal rate, whichever is lower, from the due date until paid. You are liable for all collection costs, including reasonable attorneys’ fees.
The Agreement remains in effect until all Services under Order Forms expire or are terminated. Subscription Services have terms as per the Order Form, renewing automatically for equal terms unless terminated with at least 30 days’ written notice before the current term ends, unless otherwise stated. Non-subscription Services terms are as per the Order Form or Specific Terms.
Excluding Payment Services, your access to Services may terminate earlier without liability to the terminating party:
Termination of all Services terminates the Agreement. We may suspend access following your breach prior to termination.
Upon termination, your access and our obligations cease, except for surviving provisions. Termination does not relieve you of payment obligations for prior periods. If terminated by us for non-payment or uncured material breach, you will pay unpaid Fees for the remaining contract period, unless otherwise stated. Within 5 calendar days of termination, you may request in writing that we make Your Data (excluding Payment Services data) available upon payment of our rates. After 5 days, we may delete Your Data unless legally prohibited. Surviving provisions include Sections 4 (responsibility, restrictions, intellectual property), 5, 6, 7 (effect of termination, data portability), 8, 9, 10, 11, 12, 13, 14, 15, and definitions.
References to “we” or “our” in Sections 8 and 9 and Specific Terms’ disclaimers include our processors, suppliers, licensors, and their affiliates, subsidiaries, owners, directors, employees, and representatives.
We make no representations or warranties regarding the Services, including Payment Services and hardware. Our sole obligation is to provide Services per Section 3. Services are provided “AS IS” and “AS AVAILABLE” without warranties, express, implied, or statutory, including merchantability, fitness for a particular purpose, absence of defects, title, or non-infringement. Warranties from course of dealing or usage are excluded. We do not warrant that Services will meet your requirements, operate without interruption, be error-free, secure, accurate, reliable, available at specific times/locations, virus-free, or that all failures will be corrected. We do not guarantee specific results. Service interruptions due to maintenance, updates, or system/network failures are not our liability, nor are malfunctions due to inappropriate equipment, Internet, or telecommunications issues.
We make no representations or warranties regarding third-party software, hardware, or services used with our Services, disclaiming merchantability, fitness, defect absence, title, or non-infringement. Third-party products/services are provided “AS IS” without representations, warranties, or indemnification from us.
To the maximum extent permitted by law, we shall not be liable to you, Users, Customers (as defined in Payment Services Terms), or third parties for incidental, indirect, special, punitive, or consequential damages, including loss of use, business, profit, data, goodwill, reputation, injury, death, or similar damages, whether in contract, tort, product liability, or otherwise, arising from the Agreement or use/unavailability of Services, even if advised of such damages. Our aggregate liability under the Agreement shall not exceed the lesser of $5,000 or amounts paid to us by you for Services in the 6 months preceding the event giving rise to liability. This is your sole remedy for our breach. We are not responsible for losses from hacking or unauthorized access to your Account or payment information. Nevada residents waive rights under any analogous Nevada statute similar to California Civil Code Section 1542, which addresses unknown claims at the time of release.
Except for hardware purchased from us, third-party products/services are subject to the manufacturer’s terms and warranty, with the manufacturer solely responsible for service/support. Our hardware terms are in these General Terms or Specific Terms (e.g., Hardware Terms of Service). We do not guarantee third-party hardware compatibility unless recommended by us. Discounts/rebates on hardware, if offered, are at our discretion and specified in the Order Form.
You agree to indemnify, defend, and hold us, our parent, subsidiaries, affiliates, officers, managers, directors, shareholders, members, employees, agents, and representatives harmless from claims, damages, losses, judgments, penalties, and expenses (including collection and attorneys’ fees) arising from:
Each party may access the other’s Confidential Information, including our Services, Licensed Program, and Intellectual Property. The parties agree to:
Disclosures required by legal, accounting, or regulatory requirements are permitted with prior notice to the disclosing party (if legally allowed) and reasonable assistance at the disclosing party’s cost. Confidential Information excludes information that is public, lawfully possessed pre-disclosure, lawfully disclosed by a third party without restriction, independently developed without reference to Confidential Information, or Aggregated Data.
Notices to us must be in writing and:
Notices to you will be sent to your primary email address on file or posted to your Account, deemed given upon electronic confirmation. You must provide email address changes.
We are excused from performance on a day-to-day basis if prevented, restricted, or interfered with by causes including your equipment failure, IP service disruptions, acts of God, explosions, vandalism, cable cuts, storms, fires, floods, pandemics, power failures, national emergencies, insurrections, riots, wars, strikes, lockouts, boycotts, work stoppages, or governmental actions (“Force Majeure Event”).
Our Privacy Policy governs the collection, storage, use, and sharing of your and your Users’ personal information.
You authorize us to verify your identity through additional information, tax identification numbers, email verification, credit reports, or third-party databases.
The Agreement, including incorporated documents, is the entire agreement regarding the Services, superseding prior communications. In conflicts, the Agreement prevails. No third-party rights are conferred except for parties’ successors and permitted assigns. Document precedence is: (i) Order Form, (ii) Specific Terms, (iii) General Terms.
You may not assign the Agreement without our prior written consent, which we may withhold. The Agreement binds and benefits successors and permitted assigns.
We may modify the Services or Agreement without notice by posting revised terms on the Website, effective upon posting. Your continued use constitutes consent. You are responsible for regular review.
No waiver of any provision is a continuing waiver. Failure to enforce a provision is not a waiver.
If a provision is void or unenforceable, it is ineffective only to that extent, and the remaining provisions remain valid. Invalid provisions will be replaced with enforceable ones achieving the original intent.
Election of remedies does not waive other remedies at law or equity.
The Agreement and disputes are governed by Nevada law, excluding conflicts of law principles. Disputes are resolved exclusively in state and federal courts in Clark County, Nevada, with parties consenting to jurisdiction and waiving objections.
Disputes must be negotiated in good faith by executives with settlement authority. A party may give written notice of a Dispute, with the other responding within 15 days, including names, positions, arguments, and relief sought. Executives meet virtually within 60 days. Negotiations end after the first meeting unless extended by agreement. Negotiation communications are confidential and inadmissible. Litigation is barred before the first meeting, except for injunctive relief. Non-compliance waives this limitation. Statutes of limitation are tolled during negotiations and for 15 days after.
Disputes must be initiated in Clark County, Nevada courts within 1 year of the cause of action.
You and we waive jury trial rights for claims arising from the Agreement, encompassing all disputes. Disputes are resolved individually, not on a class, consolidated, or representative basis. You waive rights to pursue or participate in class actions. You represent that you have reviewed these waivers with legal counsel and knowingly waive these rights.
You authorize us to use your name in promotional materials as a user of our Services.
We are an independent contractor, not an agent or representative. The Services are not a “work for hire,” and we reserve all rights.
Headings are for reference and do not affect meaning.
Agreements, notices, and communications may be delivered electronically per our E-Sign Consent. Electronic communications are received when posted or transmitted. Mailed communications are received 3 days after sending. Withdrawing consent may prohibit access to Services.
The Agreement and related documents are in English only, applying to all forms, terms, and agreements.
Last Updated: May 20, 2025
The WeighPay Group Inc. (“we”, “us”, or “our”) offers Software Solutions (as defined below) for Merchants to use on their premises under the Software License Grant herein. Your access and use of Software Solutions are governed by these On Premise Installed Software Terms of Service (the “Software Agreement”), incorporated into your Agreement as described in the General Terms. “You”, “your”, or “Merchant” means an individual or business accessing or using the Software Solutions. Undefined capitalized terms have meanings given in the General Terms.
You must read and understand this Software Agreement. Acceptance is effective upon electronically indicating acceptance or first accessing/using the Software Solutions, confirming you have read, understood, and agree to be bound by the General Terms and this Software Agreement. Individuals acting for a business warrant authority to bind the business.
General Terms definitions apply unless noted. Capitalized terms have the following meanings, with singular including plural and vice versa:
Subject to timely payment of Fees per the General Terms and Order Form, we grant Merchant a non-transferable, non-exclusive, non-sublicensable, revocable license under the Licensed Program to access and use Software Solutions as described in the Order Form. Merchant may not give away, rent, lease, sell, sublicense, distribute, or transfer the License without our written consent. Software Solutions are for specific business purposes in the Order Form and remain our sole property, including Updates.
Merchant must use Software Solutions per the Order Form, including location/installation limits, User access, and business description. License Keys may be required to secure proper use.
As per General Terms, Merchant may not reverse engineer, decompile, modify, adapt, or create derivative works from Software Solutions, nor allow third parties to do so. Merchant may not tamper with License Keys or manipulate license counts and must comply with applicable laws. Software Solutions are not designed for use where errors could cause death, injury, or severe damage. Using non-provided software/systems to access Software Solution components risks corruption and breaches this Software Agreement.
Only the identified User associated with a User account may access Software Solutions or its data. Accounts may not be shared. Merchant ensures User compliance and is responsible for violations or misuse.
If we suspect non-compliance, we may conduct a Usage Audit upon reasonable notice during business hours, inspecting relevant computers and records. We will attempt remote verification first. Merchant must comply with reasonable requests, and we will minimize disruption. We comply with Merchant’s facility regulations, but this Software Agreement prevails in conflicts. If non-compliance is found, Merchant pays audit costs and applicable License Fees.
Merchant acknowledges that successful implementation requires active participation and staff collaboration. Merchant will cooperate fully and appoint a project manager to supervise staff and facilitate completion.
Software Solutions are valuable proprietary information and trade secrets. Merchant must maintain confidentiality with at least reasonable care, promptly inform us of unauthorized use/misuse, and cooperate in investigations.
General Terms apply. We may suspend or terminate use without notice for misuse or non-payment breaches. Additional terms:
The Software Agreement remains until all Software Solutions expire or are terminated. Termination ends Merchant’s access and our obligations. Within 30 days, Merchant must certify in writing that all Software Solutions copies are returned or destroyed and pay all amounts due.
Subject to timely Fee payment, we will provide Maintenance Services during the Order Form contract period:
Technical assistance as documented in the Order Form, per General Terms.
We may provide Updates (improvements, features, fixes) for the purchased Version while the Software Agreement is active. Newer versions are not Updates. Merchant must install Updates promptly, with critical fixes within 10 days.
We support only the current Software Solution version but may support Merchant’s Version at our discretion if the Software Agreement is active. Updates are provided only for the latest version and its most recent Update. We maintain the prior version for 6 months from new version release or until Software Agreement termination, whichever is earlier.
Last Updated: May 20, 2025
(EXTENDED LIMITED HARDWARE & EQUIPMENT WARRANTY/SERVICE CONTRACT)
This Point of Sale Hardware Warranty applies to hardware purchased from The WeighPay Group Inc. (“POS Hardware”) not provided as part of your Payment Services Platform, incorporated into your Agreement as per the General Terms. The WeighPay Group Inc. is referred to as “we”, “us”, or “our”. “You” or “your” means a current or prospective user of our Services. Undefined terms have General Terms meanings.
NOTE: In Alabama, California, Hawaii, Kentucky, Illinois, Nevada, New York, Oklahoma, Oregon, South Carolina, Texas, Vermont, Washington, or Wyoming, this is a “SERVICE CONTRACT.” Otherwise, it is an “EXTENDED LIMITED WARRANTY.”
We provide a manufacturer’s warranty for POS Hardware unrelated to the Payments Services Platform, expiring one year from the invoice purchase date unless specified otherwise.
We warrant POS Hardware against defects in material and workmanship under normal use for the period specified in your invoice. For failures within 30 days of purchase, we provide a return shipping label and ship replacement equipment via Ground Shipping. We may require a credit card hold for the equipment’s value until the defective product is returned. If you decline, we may delay shipment until receipt of the defective equipment. For failures after 30 days, you are responsible for return shipping. If we provide advance replacement or require a credit card hold, you must return the defective product at your expense within 15 days of replacement shipment, or we may charge your credit card for the product’s value.
Warranty benefits apply for the period specified in your invoice, expiring one year from the purchase date unless otherwise stated.
You must use the equipment normally and return defective equipment within 10 days of notifying us of a claim. Replacement equipment is not sent until we receive the original equipment or authorize a credit card hold.
For claims, contact Customer Care at 800-287-0008 or:
The WeighPay Group Inc. Customer Returns
2248 Meridian Blvd, Ste H
Minden, NV 89423
This Warranty defines our responsibilities. Replacement of equipment is your exclusive remedy. This Warranty replaces all other express warranties of merchantability and fitness for a particular purpose and is limited to its duration. We are not liable for damages exceeding the product’s purchase price, or for loss of use, time, inconvenience, commercial loss, lost profits, savings, incidental, special, consequential, punitive damages, or attorneys’ fees from use or inability to use our equipment. Some states may not allow exclusion/limitation of incidental/consequential damages or implied warranty duration, so limitations may not apply.
If construed as a service contract, this agreement defines our responsibilities. Replacement is your exclusive remedy. This is not a warranty.
This Warranty/Service Contract is provided solely by us. Claims for equipment failure or breaches not covered herein are against the manufacturer.
Last Updated: May 20, 2025
These Hardware Terms of Service apply to hardware purchased from The WeighPay Group Inc. (“Hardware”), incorporated into your Agreement as per the General Terms. The WeighPay Group Inc. is referred to as “we”, “us”, or “our”. Undefined terms have General Terms meanings.
We strive to maintain adequate Hardware stock but may be unable to fulfill orders due to shortages or other reasons. We may confirm orders but later determine inability to supply, reserving the right to limit quantities, change availability, or cancel orders. Canceled orders are fully refunded.
We ship Hardware via our chosen carrier. The Order Form shows Hardware price and shipping fees, for which you are responsible. Allow 1-2 business days for order processing. We aim for timely delivery but are not liable for delays, losses, damages, or penalties from late shipment/delivery or events beyond our control. Title and risk of loss pass to you upon delivery.
You may return Hardware within 30 days of receipt if:
If conditions are met, we refund the purchase price, excluding shipping fees. Only Hardware purchased directly from us can be returned.
We sell and ship Hardware only to U.S. customers for their own use. You may not purchase for resale. We may refuse or cancel orders if we believe you are not our customer, reselling, or using Hardware outside our Services.
We provide a 6-month limited warranty against defective materials and faulty workmanship from the order date. We replace defective Hardware at no cost if:
You must provide a payment card number for warranty-based returns. Failure to return defective Hardware per the process/timeframe allows us to charge the replacement Hardware/Support Materials’ full price to your Account or card. This warranty is for original purchasers only; sale/transfer voids coverage. Contact WeighPay Support to initiate returns. The warranty excludes abuse, accident, alteration, fire, repair, tampering, misuse, acts of God, or external causes, consumable parts (e.g., batteries), software, or third-party hardware. General Terms’ Warranty Disclaimers (Section 8) and Limitation of Liability (Section 9) apply.
Effective Date: May 20, 2025
The WeighPay Group Inc. (“we”, “us”, “our”) prioritizes the privacy and security of personal information. This Privacy Policy outlines how data is collected, used, shared, transferred, and protected through your interaction with our Services and WeighPay Platform. By using our Services or WeighPay Platform, you agree to this Privacy Policy. If you disagree, cease use immediately.
We collect information from:
Providing personal information is voluntary. We may collect:
For Users’ Customers, we collect limited information: name, email, birthdate. We do not collect/store their credit card or point-of-sale financial data. We collect Internet and electronic network activity information from Visitors, Users, and Customers, including browsing history, page time, prior/next URLs, device/browser type, ISP, visit date/time, OS, and IP address. Offline data may be appended to online data.
Cookies are small files stored by websites in your browser. We use cookies, web beacons, and pixels to collect Internet and electronic network activity information. You can manage cookies via browser settings, but disabling may impair Website functionality. See www.allaboutcookies.org for details.
We use:
We may share personal information with:
We may link to third-party websites, which we are not responsible for. Consult their privacy policies.
Services are not for children under 18. We delete information from children if discovered. Contact us if you believe a child provided information.
We do not track personal information over time across third-party sites/services or allow third parties to do so, and we do not respond to “do not track” signals.
Processing bases include:
We are U.S.-based. Non-U.S. residents’ data is transferred to the U.S., which may have different protections. By using Services, you consent to U.S. transfer, retention, and processing, under your consent, our business needs, or approved contractual clauses. If you disagree, do not use Services.
Depending on residence, you may have:
Submit requests to sales@weighpay.com. We verify requests and may require identity confirmation. You may designate an authorized agent with written permission and identity verification. We do not sell personal information or discriminate for exercising these rights.
We take reasonable measures to protect information security but cannot guarantee 100% security. You are responsible for securing log-on information. Contact us immediately if compromised.
We may update this Privacy Policy, posted here. Check periodically. Material changes in collection/use will include advance notice and consent as required.
For questions, contact:
The WeighPay Group Inc.
2248 Meridian Blvd, Ste H
Minden, NV 89423
888-440-8858
sales@weighpay.com
Last Updated: March 1, 2025
The WeighPay Group Inc. (“WeighPay”, “we”, “us”, or “our”) offers merchant payment processing and other payment-related services via our WeighPay Platform (“Payment Services”), facilitated through Payroc.com and Bill360.com. Your access and use are governed by these Payment Services Terms, incorporated into your Agreement as per the General Terms. “You”, “your”, or “Merchant” means an individual or business accessing/using Payment Services. Undefined terms have General Terms meanings.
You must read and understand these Payment Services Terms, effective upon electronic acceptance or first access/use, confirming agreement to the General Terms, Processor Ts&Cs, and Card Brand Rules. WeighPay enters these terms on behalf of and as an agent of Acquirer. Individuals acting for a business warrant authority to bind the business. Upon acceptance and approvals, Merchant may process Transactions for Cardholders purchasing Merchant Products and Services (“Customers”). You authorize WeighPay to submit Transactions to Processor and access/use Payment Services data.
Undefined terms have General Terms meanings. Additional definitions:
Merchant must provide Registration Information (e.g., office addresses, DBAs, product/service descriptions, financial/owner information) as part of the Order Form, ongoing, and within 3 days of WeighPay’s request, to comply with laws, Card Brand, and KYC requirements. Merchant warrants information accuracy and authorizes WeighPay to share it with Partners for Payment/Financial Services access. Merchant must provide 30 Business Days’ written notice of changes and agrees to WeighPay’s identity, creditworthiness, and background checks via registries/authorities. Information is processed per WeighPay’s Privacy Policy.
Merchant must comply with laws, Card Brand Rules, Security Standards, Processor Ts&Cs, and Partner requirements, adopting adequate measures. Card Brand Rules prevail over these terms in conflicts; these terms prevail over General Terms. Card Brands may enforce rules or prohibit harmful conduct. Merchant must review Card Brand Rules and laws regularly. If rules (e.g., Fines) are unacceptable, Merchant may stop using the Payment Method, but prior Transactions remain subject to rules. Card Brand Rules are fully binding, regardless of WeighPay/Partner summaries.
Merchant may submit only bona fide Transactions, which are:
Merchant may not resell Payment Services or process third-party funds and must use Payment Services only for its trade/business. Products/services must be provided/shipped at Transaction time unless specified in the Order Form or approved by WeighPay. Merchant must clearly identify itself to Customers and use Payment Services only as agreed, avoiding detrimental actions without WeighPay’s consent.
Merchant must obtain Authorization per these terms for each Transaction. WeighPay may refuse Transactions lacking proper Authorization.
Transactions must be for current Transactions, not dishonored checks, prior debts, or recharges for Chargebacked items, even with Customer consent.
Merchant may not disburse/advance cash to Customers (except as per Card Brand Rules) or to itself/representatives in Transactions.
Unless permitted by law, Merchant may not set Card acceptance thresholds or impose fees/surcharges (including Merchant’s fees) as a condition of Card use, except in WeighPay-offered programs.
Merchant may not discriminate against or unequally treat any Card Brand unless permitted by Card Brand Rules.
Cards may not be accepted for installment plans unless compliant with Card Brand Rules.
Merchant must offer electronic/paper receipts to Customers, mandatory if required for returns, Refunds, or exchanges.
Merchant agrees to pay Fees, charges, and Taxes itemized in the Order Form, as modified by WeighPay, through Payroc.com and Bill360.com. WeighPay may withhold Fees from Settlements (“Net Funding Model”) unless otherwise agreed in writing. If Settlements are insufficient, WeighPay may deduct from Reserves, debit Settlement Accounts, or use General Terms Section 6 methods. Unpaid amounts are due within 3 Business Days of invoice. WeighPay may change/add Fees with reasonable notice via WeighPay Platform, Account, or email. Continued use constitutes agreement. Fees are non-refundable.
Merchant may use Card Brand logos/marks (“Marks”) on promotional materials/websites to indicate Card acceptance. WeighPay may require changes to Mark use. Card Brands own Marks; Merchant will not contest ownership and will cease use upon termination or Card Brand directive.
Merchants using payment terminals for POS Transactions must:
Supported Payment Methods may change. WeighPay may block or restrict use via WeighPay Platform or other means.
Fraud screening is an additional product with fees. It does not guarantee fraud/Chargeback prevention. Merchant bears fraud risk. WeighPay may cancel suspected fraudulent/criminal Transactions, even if not blocked by the Fraud Control Tool.
Valid Transactions are Settled to the Settlement Account, subject to withheld Fees, Refunds, Chargebacks, and Reserves. Merchant must provide accurate Settlement instructions, binding upon submission, and authorizes WeighPay to deliver them to Partners. WeighPay may withhold Settlements for suspected fraudulent/illegal Transactions, Refunds, or Chargebacks until investigation completion, with Merchant’s cooperation. No interest accrues on held amounts.
WeighPay may suspend/delay Settlements or withhold a Reserve to secure Merchant’s obligations, in an amount determined by WeighPay to cover potential losses (e.g., Chargebacks, Fines). Reserves may be adjusted based on Merchant’s performance, credit, or legal judgments. WeighPay may fund Reserves from Settlements, Settlement Accounts, or other sources per General Terms Section 6. Merchant grants WeighPay a security interest in Reserve funds and authorizes withdrawals without notice to collect owed amounts. The security interest survives until Reserve funds are depleted.
Merchant may use Payment Services only for agreed products/services in the Order Form, not for:
The list may be updated for compliance, fraud prevention, or Partner requirements. Merchant must review periodically. Changes are effective upon Website posting. If changes significantly affect Merchant’s products/services, Merchant may terminate these terms with written notice.
Merchant is liable for Fines from Merchant’s acts/omissions, including law/Card Brand Rule violations or Transactions. WeighPay may recoup Fines from Settlements, Reserves, or other sources per General Terms Section 6, pursuing other remedies as needed. Merchant must cooperate in investigations/remedies for Fine exposure.
Transactions may be Charged back if disputed, reversed, unauthorized, or unlawful/suspicious. Merchant is fully liable for Chargebacks, including conditional liability pending adjudication. Merchant must ensure product/service delivery per laws/orders and resolve Customer disputes to avoid Chargebacks. WeighPay may recoup Chargeback amounts, Fees, Fines, or penalties from Settlements, Reserves, or other sources. WeighPay may delay Settlements for pending Chargebacks or withhold potential Chargeback amounts until disputes are resolved or dispute periods expire. If recovery fails, Merchant pays the full Chargeback amount on demand, including collection costs. If excessive Chargebacks are likely, WeighPay may assess fees, increase Reserves, delay Settlements, or terminate/suspend access. Merchant must investigate/contest Chargebacks, collecting/submitting evidence. WeighPay may offer a Managed Chargeback Service, managing disputes with Merchant’s assistance. Merchant must provide requested information within 5 days or risk irreversible Chargebacks. WeighPay makes no warranties on Managed Chargeback Service outcomes and may charge Fees. Merchant may not transfer liability by waiving Customer dispute rights.
Merchant authorizes WeighPay to instruct Processor (Payroc.com and/or Bill360.com) to take actions on WeighPay’s behalf as permitted by these terms.
Merchant may not add Taxes to Transactions unless permitted by law, included in the Transaction amount, not separately collected. Merchant is solely responsible for calculating, charging, collecting, and remitting Taxes on product/service sales, ensuring WeighPay/Partners are not liable, and providing WeighPay with relevant information/documentation. WeighPay/Partners may have tax reporting duties (e.g., IRS Form 1099-K), requiring Merchant’s taxpayer information. Merchant is liable for penalties from its actions/inactions despite WeighPay/Partner requests.
Merchant grants WeighPay a security interest and setoff rights in Settlement Proceeds, other amounts due, and Reserves to secure repayment of obligations. WeighPay may setoff amounts owed against amounts due to Merchant or freeze accounts to protect its rights, without notice, per General Terms Section 6.
Merchant may not copy, capture, or intercept Payment Details except for processing payments or Refunds, per Card Brand Rules. Violations incur high Fines. Merchant may not use Payment Details for fraudulent/illegal purposes, sell/provide them to third parties (except WeighPay, Partners, Card Brands, or government requests), and must comply with Security Standards, cooperating in forensic investigations. WeighPay may suspend access/processing for suspected misuse.
Merchant is solely responsible for its products/services and customer service issues (e.g., pricing, fulfillment, cancellations, Returns, Refunds, warranties, support). Merchant must post a customer service phone number and hold necessary licenses/permits, performing required verifications (e.g., age). Licenses/permits must be provided within 5 Business Days of WeighPay’s request. WeighPay’s acceptance is not legal advice on product/service legality or Payment Services use.
Refund policies must be consistent across Payment Methods, compliant with these terms and Card Brand Rules. Merchant must:
Limiting terms does not eliminate Chargeback/Refund liability under consumer laws/Card Brand Rules. Refund Transactions must correlate to original sales, not exceed original amounts (except for shipping reimbursements), and not be for cash purchases, overdrafts, or post-regulatory/Customer request periods. Merchant may not accept payment for issuing Refunds.
Where Processor is Payroc.com and/or Bill360.com, you confirm agreement to their Terms and Conditions. If provided payment terminal(s), Merchant must:
With prior notice during business hours, WeighPay’s representatives may inspect Merchant’s premises and records for Transaction/compliance verification.
Merchant must comply with data protection laws in its country and jurisdictions where products/services are offered, implementing measures to prevent misuse.
Merchant must provide 30 days’ prior written notice of changes to trade name, products/services, or Payment Method acceptance. WeighPay may refuse post-change Transactions or terminate if changes are material. Merchant must provide 1 Business Day’s notice of adverse financial changes, liquidation, substantial business changes, asset sales (25%+ value), bankruptcy/insolvency proceedings, ownership/control changes (25%+), or warrants/judgments against substantial assets.
These terms are effective upon acceptance or first access/use and continue indefinitely until terminated per these provisions.
Either party may terminate with 2 months’ written notice via WeighPay Platform or other writing. Termination of Processor Ts&Cs or the Agreement automatically terminates these terms. These terms terminate immediately if WeighPay’s/parent’s Card Brand registration ends, Acquirer ceases to be an Acquirer, or Acquirer loses Card Brand licenses. WeighPay may terminate, cease Transaction processing, stop Settlements, or suspend access immediately if:
General Terms Section 8 disclaimers apply to Payment Services.
General Terms Section 9 limitations apply, with clarifications:
If third parties claim rights over WeighPay’s Software/systems, WeighPay will indemnify Merchant, covering legal defense costs and assisting as needed. Merchant shall indemnify WeighPay, its parent, subsidiaries, affiliates, officers, managers, directors, shareholders, members, employees, agents, and representatives from claims, losses, liabilities, damages, penalties, Taxes, and expenses (including collection/attorneys’ fees) arising from:
Contact:
The WeighPay Group Inc.
2248 Meridian Blvd, Ste H
Minden, NV 89423
888-440-8858
sales@weighpay.com
Last Updated: May 20, 2025
Use of Payment Services for dealings linked to high-risk jurisdictions (e.g., Cuba, Iran, North Korea, Syria, Crimea, Donetsk, Russian Federation, Luhansk) is prohibited.
Last Updated: May 20, 2025
The WeighPay Group Inc. (“we”, “us”, or “our”) may provide communications, notices, agreements, billing statements, or disclosures (“Communications”) regarding our Services. “You”, “your”, or “Merchant” means an individual or business accessing/using our Solutions. This E-Sign Consent is incorporated into your Agreement as per the General Terms.
Your agreement confirms your ability and consent to receive Communications electronically and use electronic signatures (“Consent”). Withdrawing Consent may restrict Service use.
We may provide Communications via email, text, or Website/App access, including agreements, payment authorizations, transaction receipts, account statements, tax documents, and use electronic signatures.
To access/view/sign/retain Communications, you need:
Add our email accounts to your address book to avoid spam filters.
You may request paper copies at no charge within 180 days of disclosure by writing to us (Attn: Customer Support – Legal) at the contact address. Requesting paper does not withdraw Consent.
You may withdraw Consent by contacting us, but this may terminate Service access. Withdrawal is effective after reasonable processing time, confirmed in writing.
Change your email via contact methods or Services. Notify us of changes.
U.S. residents acknowledge the Services are subject to the E-SIGN Act, validating electronic transactions.
