TERMS OF SERVICE
a. Collecting and securely transmitting application information and supporting documentation;
b. Providing an interface for comparing PG Provider options, if and when available;
c. Communicating onboarding status and instructions;
d. Offering general support during the application phase.
1. Definitions
For the purposes of these Terms, the following terms shall have the meanings set forth below:
"PAYGEN" refers to the intermediary platform operating as an agent or sub-agent to connect businesses with PG Providers.
"Merchant" means any individual or business entity submitting an application through PAYGEN.
"PG Provider" refers to a third-party payment processor or its authorized agent.
"Services" means the services provided by PAYGEN to facilitate applications between Merchants and PG Providers.
2. Account Requirements and Required Information
To use the Services, you must first create a PAYGEN account. Your account will allow you to submit applications, save progress, retrieve previously submitted information, and monitor current application status
You or your business must meet the following conditions to use the Services:
a. Be at least the age of majority in your jurisdiction;
b. Have authority to submit information and enter into contracts on behalf of your business;
c. Possess a valid business registration or proof of incorporation (if applicable);
d. Provide all information required by PAYGEN to facilitate PG application processing. Such information includes, but is not limited to, personal and business details necessary for identity verification, compliance with Know Your Customer (KYC) requirements, and risk assessments by PG Providers.
Such information includes, but is not limited to:
a. Full legal name;
b. Date of birth;
c. Personal and business contact information (address, phone, email);
d. Government-issued identification (e.g., driver's license);
e. Business name, incorporation documents, or business license;
f. Banking details for merchant payout (e.g., void cheque or direct deposit form);
g. Financial estimates such as projected annual sales and average transaction volume.
We reserve the right to reject or suspend access to our Services at our sole discretion, particularly in the event of suspected fraud, non-compliance, or submission of false or misleading information. You are responsible for keeping your submitted information accurate and up to date.
3. Description of Services
PAYGEN’s role is to assist Merchants in initiating and submitting applications to PG Providers. We do not act as a representative or agent of any PG Provider with authority to bind them to any agreement or representation. We do not guarantee approval, processing timelines, or outcomes. PAYGEN shall not be responsible for the ultimate decision made by any PG Provider, nor shall PAYGEN be liable for the terms or performance of any agreement entered into between the Merchant and the PG Provider.
4. Accuracy and Duty to Update
You are solely responsible for ensuring the accuracy, completeness, and currency of all information submitted. Any failure to do so may result in delays, rejections by PG Providers, or suspension from using the Services.
5. No Guarantee of Approval or Outcome
PAYGEN does not and cannot guarantee that any application submitted through our Services will be approved by a PG Provider, nor can we guarantee any specific pricing, terms, or onboarding timeline. Each PG Provider exercises its own discretion in processing and evaluating applications.
6. Limitation of Liability
To the fullest extent permitted by law, PAYGEN shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to any business interruption, loss of data, loss of business opportunity, or reputational harm, or any loss of profits or revenues, arising from or related to your use of the Services. PAYGEN’s total liability to you shall not exceed the amount of fees received by PAYGEN from the applicable PG Provider in connection with your application.
All fees paid in connection with PAYGEN's Services are non-refundable. Because PAYGEN provides administrative and intermediary services that begin immediately upon application submission, you acknowledge and agree that you are not entitled to any refund, regardless of the outcome of your PG application or any subsequent cancellation.
7. Promotions and Rewards
PAYGEN may facilitate promotions or incentive programs from time to time. These promotions are offered at our discretion and may be modified or terminated at any time, and are not guaranteed to be available to all users, and may be subject to specific eligibility requirements. PAYGEN does not guarantee the availability, issuance, or timing of any promotional reward.
8. Consent to Data Use
By using the Services, you consent to the collection, processing, and disclosure of your personal and business information with PG Providers and other third parties involved in application evaluation or regulatory compliance as necessary to provide the Services and to comply with legal obligations. See our Privacy Policy for more details.
9. Data Storage and Retention
Applications associated with your PAYGEN account will be stored for up to 120 days from your most recent activity. You can log in to your account to manage your saved applications during this period. You acknowledge and agree that PAYGEN may retain completed application information for compliance, audit, dispute resolution, or operational purposes, in accordance with applicable law and our internal policies.
10. Termination and Suspension
We reserve the right to suspend or terminate access to our Services at any time, without notice, for any conduct that we, in our sole discretion, believe is harmful, fraudulent, or in violation of these Terms.
11. Intellectual Property
All content, trademarks, and service marks on our site and within our Services are the property of PAYGEN or our licensors and are protected by applicable intellectual property laws. You may not copy, reproduce, distribute, modify, reverse-engineer, create derivative works from, or exploit any part of the Services or underlying technology without our prior written consent. Any unauthorized use of our intellectual property may result in legal action, including injunctive relief and damages.
12 Third-Party Services and Links
Our Services may include access to third-party platforms or services. PAYGEN does not review or control third-party content and disclaims all liability for any loss or damage arising from your use of or reliance on any third-party services or platforms. PAYGEN is not responsible for the content, policies, or practices of third-party services and does not endorse or assume responsibility for any third-party service. If you have questions or issues regarding your payment processing or merchant agreement, you must contact the applicable PG Provider directly.
13. Force Majeure
We are not liable for any failure or delay in performance caused by circumstances beyond our reasonable control, including but not limited to natural disasters, governmental actions, internet outages, and system failures. Such events shall not give rise to any refund, compensation, or liability, even if they affect the availability or functionality of the Services.
14. Compliance with Laws
You agree to comply with all applicable laws and regulations in your jurisdiction. PAYGEN does not provide legal advice and disclaims all liability arising from your failure to comply with applicable laws.
15. Independent Relationship and Non-Solicitation
These Terms do not create a joint venture, agency, partnership, or employment relationship between you and PAYGEN.
16. Confidentiality
PAYGEN and the Merchant agree to keep confidential any non-public information exchanged in connection with the Services, except where disclosure is required by law or necessary to perform the Services.
17. Entire Agreement and Severability
These Terms constitute the entire agreement between the parties with respect to the Services and supersede any prior communications or agreements. If any provision is deemed unenforceable, the remaining provisions shall remain in full force and effect.
18. Dispute Resolution
All disputes shall first be subject to good-faith negotiations. If unresolved, the parties agree to submit to non-binding mediation in Alberta. If mediation fails, the dispute shall be finally resolved by binding arbitration conducted by a single arbitrator in accordance with Alberta’s Arbitration Act, and judgment upon the award may be entered in any court having jurisdiction.
19. Governing Law
These Terms are governed by the laws of the Province of Alberta and the federal laws of Canada applicable therein.
20. Modifications to Terms
We reserve the right to update these Terms at any time by posting a revised version on our website. Continued use of the Services after such posting constitutes your acceptance of the revised Terms.
21Contact Information
If you have any questions or concerns regarding these Terms, you may contact us at:
Email: info@paygen.ca
