Terms of Service

1. Acceptance of Terms

By accessing and using the services provided by Payments Suck ("we," "us," or "our"), you ("Client" or "you") agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our services.

These Terms apply to all consulting services, including but not limited to payment processing analysis, rate optimization recommendations, and related advisory services.

2. Services Description

Payments Suck provides payment processing consulting services designed to help businesses optimize their payment processing costs and efficiency. Our services include:

• Payment processing rate analysis and comparison
• Cost optimization recommendations
• Merchant account evaluation
• Payment technology assessment
• Industry best practices guidance

3. Client Responsibilities

As a client, you agree to:

3.1 Provide Accurate Information

• Provide complete and accurate information about your business and payment processing needs
• Disclose all relevant details about your current payment processing arrangements
• Keep us informed of any changes to your business that may affect our services

3.2 Compliance

• Comply with all applicable laws and regulations in your jurisdiction
• Maintain compliance with payment industry standards (PCI DSS, etc.)
• Ensure all payment processing activities are legal and ethical

3.3 Data Security

• Protect any sensitive information shared during the consulting process
• Implement appropriate security measures for your payment systems
• Report any security incidents or data breaches promptly

4. Confidentiality

Both parties agree to maintain the confidentiality of proprietary and sensitive information shared during the course of our engagement.

4.1 Confidential Information

Includes but is not limited to:

• Business strategies and plans
• Financial information and projections
• Payment processing data and analysis
• Trade secrets and proprietary methodologies

4.2 Exceptions

Confidentiality obligations do not apply to information that:

• Is or becomes publicly available through no fault of the receiving party
• Is independently developed by the receiving party
• Is required to be disclosed by law or court order

5. Payment Terms

5.1 Consulting Fees

Fees for consulting services will be agreed upon in advance and outlined in a separate Statement of Work or proposal. Payment terms will be specified in the engagement agreement.

5.2 Expenses

Unless otherwise agreed, clients are responsible for any expenses incurred in relation to the consulting engagement, including but not limited to travel, research tools, and third-party services.

5.3 Late Payments

Late payment fees may apply as specified in the engagement agreement. We reserve the right to suspend services for non-payment.

6. Intellectual Property

6.1 Our Materials

All methodologies, tools, templates, and materials provided by Payments Suck remain our intellectual property. You may use these materials only for your internal business purposes during the term of our engagement.

6.2 Your Data

You retain all rights to your business data and information. We will not use your data for any purpose other than providing the agreed-upon consulting services.

7. Limitation of Liability

Our consulting services are provided "as is" without warranties of any kind. We will use reasonable care and skill in providing our services, but we do not guarantee specific results or outcomes.

In no event shall Payments Suck be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with our services.

8. Indemnification

You agree to indemnify and hold Payments Suck harmless from any claims, losses, or damages arising from:

• Your use of our services or recommendations
• Any breach of these Terms or applicable laws
• Third-party claims related to your payment processing activities

9. Termination

9.1 By Either Party

Either party may terminate the consulting engagement with appropriate notice as specified in the engagement agreement.

9.2 Effect of Termination

Upon termination:

• All outstanding fees become immediately due and payable
• Each party will return or destroy confidential information of the other party
• Our obligations under these Terms will continue for any ongoing compliance requirements

10. Dispute Resolution

Any disputes arising from these Terms or our services will be resolved through:

1. Good faith negotiation between the parties
2. Mediation if negotiation fails
3. Arbitration or litigation as a last resort

Governing law and jurisdiction will be specified in the engagement agreement.

11. Changes to Terms

We reserve the right to modify these Terms at any time. Updated Terms will be posted on our website, and continued use of our services constitutes acceptance of the modified Terms.

We will make reasonable efforts to notify clients of significant changes to these Terms.

12. Contact Information

If you have questions about these Terms or our services, please contact us: