Terms and Conditions
Merchant Account Terms & Conditions
Each bank and payment gateway that we use has its own specific set of terms and conditions. These will be sent out to you, along with the contracts, once the merchant facility is ready to go live. If before sending back the signed contracts, for any reason you do not wish to go ahead you can cancel your application without any cost to you. However please be aware that you will be liable for payment once the contracts are signed and returned. Please note that you can cancel your merchant services at any time by supplying 30 days’ notice (unless otherwise informed).
As accredited platinum partners with many major UK, European and Worldwide acquiring banks and payment gateways, the merchant account and payment gateway final agreement is with them and we cannot be held liable for any loss or damage suffered (please also see below for liability). This is also means that if we were to be sold, close or be taken over, your account would not be effected and you would still be able to operate without a single problem or delay – guaranteed!
Information and Accuracy
While Orbit Card Services attempts to convey accurate and current information about this site, the information provided may contain typographical or technical errors. All information is provided “as is” with no guarantee of completeness, accuracy, or the result obtained from the use of this information, and with warranty of any kind, expressed or implied. Users are advised to confirm the accuracy of any information presented on this site before trusting it in any way.
Products and services
Orbit Card Services products and services may be changed or updated without prior notice.
While we have taken all reasonable steps to ensure the accuracy and completeness of the content of the website, we exclude any warranties, undertakings or representations (either express or implied) to the full extent permitted under applicable law, that the website or (including without limitation) all or any part of the content or materials, accuracy, availability or completeness of the content of the website or any part of the content or materials are appropriate or available for use in any jurisdiction where we provide our services. If you use this website from other jurisdictions, you are responsible for compliance with applicable local laws.
We accept no liability (including without limitation) in either contract, tort, negligence, statutory duty or otherwise (to the maximum extent permitted by applicable law) arising out of the use of or access to this website (which includes without limitation) any errors or omissions contained in this website or if the website is unavailable and we shall not be liable for any direct or indirect:
- Economic losses (including without limitation loss of revenues, data, profits, contracts, use, opportunity, business or anticipated savings);
- Loss of goodwill or reputation;
- Special, incidental, consequential loss or damage suffered or incurred arising out of or in connection with your use of this website and these terms and conditions.
Access to and use of this website is at the user’s own risk and we do not warrant that the use of this website or any material downloaded from it will not cause damage to any property, or otherwise minimize or eliminate the inherent risks of the internet including but not limited to loss of data, computer virus infection, spyware, malicious software, Trojans and worms. Also, we accept no liability in respect of losses or damages arising out of changes made to the content of this website or by either authorized or unauthorized third parties.
To provide increased value to users of this website, we may provide links to other websites or resources (that are not part of the Orbit Card Services or that of its subsidiaries for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and shall not be responsible or liable, directly or indirectly, for
(i) the privacy practices of such websites
(ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services
(iii) the use that others make of these websites or resources, nor for any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.
Please also note that as accredited platinum partners with many major UK, European and Worldwide acquiring banks and payment gateways, the merchant account and payment gateway final agreement is with them and we cannot be held liable for any loss or damage suffered.
E-mail and attachments
The e-mail and attachments that we send contain confidential information addressed to a specific recipient(s) which is private and protected by law. If you are not an addressee, any disclosure, copying, distribution or use is strictly prohibited and you are requested to advise us immediately of the information you have received.
We take reasonable precautions to ensure our e-mails are virus free. Automatic scanning of all inbound and outbound e-mail is employed to prevent any infected e-mails crossing our Virus Scan Gateway. However, we cannot accept responsibility for any virus transmitted by us and recommend that you subject our e-mails to your own virus checking procedures.
Complaints & Disputes
In the event of a dispute between the parties concerning an agreement each of the parties shall in the first instance, bring the dispute at the earliest opportunity to the attention of a Director or similar officer.
In order to increase a merchant’s chance of obtaining a merchant facility with one of our sponsor banks due to an applicant’s status and/or business model and following a full risk assessment of an application, we may need to increase certain elements: mainly the settlement period and the rolling reserve (other terms may be effected depending on the risk sector you operate in and your company’s credit rating). Indeed a longer settlement period and a larger rolling reserve are more likely to reassure our processing bank that we have taken sufficient steps to mitigate the risk exposure on an account.
As you can imagine we are unable to tell who will have their terms increased until an application has been put in and is being processed. Please be reassured that you are under no obligation to continue with the application if the new terms offered no longer meet your requirements. If this is the case than simply reply to the relevant email and your application will be terminated
Rejection of an application or other type of business
Orbit Card Services has the right to refuse the business of any potential or current customers for moral, ethical or any other reason(s). Even if the information they have supplied is true and complete. We retain this right if we feel that the customer and/or the information they have supplied is not what it appears. All rejections are sent via email once an assessment has been completed – Please read below ‘reporting illegal or offensive content’
During our assessment of your application, we will use the services of credit reference agencies to confirm your home address and calculate your personal credit score. Information held by the credit reference agencies is used by us and others to help verify the identity of customers and to assess their ability to meet financial commitments. This enables accounts to be opened more quickly and reduces the need to obtain third-party references.
To enable us to form an accurate view of the existing financial commitments of customers, credit reference agencies may link the records of “financial associates” (such as spouses, family members, or cohabits) who have entered into joint financial obligations. Once linked, this association means that each of the records will be taken into account in all future applications for credit by either financial associate and will continue until one of them successfully files a “disassociation” with the credit reference agencies by establishing that this financial link no longer exists. Information held about you by the credit reference agencies may already be linked to records relating to one or more of your “financial associates”. If so, for the purposes of any application to us for services you may be treated as financially linked and if so your application will be assessed with reference to any associated records. Further details about financial association”, “disassociation and credit reference agencies are available by contacting the credit reference agencies directly.
We may make periodic searches of our records, credit reference agencies, and fraud prevention agencies to manage your account, and to take decisions regarding your account and the terms under which we have opened it, including whether or not to confirm or extend your account.
You have the right of access to your personal records held by credit reference and fraud prevention agencies. We will supply the names and addresses of the agencies we use upon request.
By submitting the application documents you confirm that you have read the foregoing and agree to us obtaining the aforementioned information during our assessment of your application for payment processing services.
Reporting illegal or offensive content
Orbit Card Services reserves the right, but does not bear the responsibility, to prohibit, delete or report any conduct, communication or content which we in its sole discretion determines to be unlawful, potentially harmful to others or may expose Orbit Card Services to harm or liability. By content, we mean the text, software, communications, images, sounds and other information provided online, hosted or transmitted in connection with or as a result of the services provided to you. You agree that all claims, disputes or wrongdoing which results from, or which are related in any way to, the content of information that you transmit, re-transmit, host or receive through the services is your sole and exclusive responsibility.
As part of the application process and during the entire time you use our services, we monitor the conduct of our merchants and customers and any content distributed, hosted or posted through our services. You may not transmit, distribute, host or store material, or participate in any conduct that may violate any applicable local, state, federal or foreign law or regulation. This includes, without limitation:
- Any unauthorized use of material protected by patent, copyright, trademark or other intellectual property right;
- Material that is defamatory, obscene, constitutes an illegal threat or harassment, violates export control laws, or is used to commit fraud or any other activity that is prohibited by criminal or civil law;
- Material that exploits children under the age of 18;
- Material that provides, sells or offers to sell the following: controlled substances, illegal drugs and drug contraband, alcohol, weapons, pirated materials, programs to attack others, illegal goods or services, instructions on making, assembling or obtaining illegal goods or weapons, information used to break, copyright, violate the trademark of or to destroy others’ property or information used to illegally harm any people or animals;
- Material that takes part in, or allows any third party to take part in, the following: reverse engineering, reverse compiling or otherwise deriving the underlying source code, structure or sequence of the technology, altering copyright notices and attributes (unless you have written permission by the legal owner); or material or conduct which we believe to be unlawful, offensive or harmful.
- Any merchant, including any applications we receive, that violate the above may be reported to the relevant governing bodies.
Releasing information to prevent or detect crime (section 29) Data Protection Act
Please be aware that there is an exemption in the Data Protection Act 1998 (the Act) that allows us to give out personal information for the purposes of fighting and preventing crime.