Terms of Service
Last updated: January 1, 2025
These Terms of Service govern your use of Optimum Payment's services and products. Please read these terms carefully before using our services. By using our services, you agree to these terms.
Acceptance of Terms
By accessing or using Optimum Payment's services, website, or products, you agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree with any part of these terms, you may not use our services. These terms apply to all visitors, users, and customers.
Description of Services
Optimum Payment provides payment processing solutions, point-of-sale terminals, and related services to Canadian businesses. Our services include but are not limited to: credit and debit card processing, POS terminal sales and leasing, virtual terminal solutions, and customer support. We reserve the right to modify, suspend, or discontinue any service at any time with reasonable notice.
Merchant Accounts and Eligibility
To use our payment processing services, you must be a legally registered business in Canada and be at least 18 years of age. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.
Fees and Payment
Fees for our services are as agreed upon in your merchant agreement. Processing rates, monthly fees, and any applicable transaction fees will be clearly disclosed before you begin using our services. We reserve the right to change our fees with 30 days advance notice. All fees are in Canadian dollars unless otherwise stated.
Equipment and Hardware
Payment terminals and hardware provided by Optimum Payment remain the property of Optimum Payment unless purchased outright. Leased equipment must be returned in good working condition upon termination of service. You are responsible for any damage to leased equipment beyond normal wear and tear. Unauthorized modifications to equipment are strictly prohibited.
PCI DSS Compliance
You agree to comply with all Payment Card Industry Data Security Standards (PCI DSS) as applicable to your business. Failure to maintain PCI DSS compliance may result in additional fees, service suspension, or termination. Optimum Payment will provide guidance and tools to help you achieve and maintain compliance, but ultimate responsibility lies with your business.
Limitation of Liability
To the maximum extent permitted by applicable law, Optimum Payment shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of our services. Our total liability for any claim arising from these terms shall not exceed the total fees paid by you in the three months preceding the claim.
Termination
Either party may terminate the service agreement with 30 days written notice. Optimum Payment reserves the right to immediately suspend or terminate services for violations of these Terms of Service, fraudulent activity, or non-payment. Upon termination, all outstanding fees become immediately due and payable, and leased equipment must be returned within 14 days.
Governing Law
These Terms of Service are governed by and construed in accordance with the laws of the Province of Quebec and the federal laws of Canada applicable therein. Any disputes arising from these terms shall be subject to the exclusive jurisdiction of the courts of Quebec. If you have any questions, contact us at legal@optimumpayment.com.