Terms of Service

1. Definitions

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Merchant", "you", or "your") and Aureus Payment Solutions Ltd, operating as TurraTech ("TurraTech", "we", "us", or "our"), governing your use of the TurraTech payment processing platform and related services.

"Services" means the payment processing services, APIs, dashboards, hardware, and related tools provided by TurraTech.

"Transaction" means any payment processed through the TurraTech platform, including card payments, bank transfers, and alternative payment methods.

"Payment Method" means the payment instrument used by your customer, including credit cards, debit cards, digital wallets, and bank accounts.

"Settlement" means the transfer of funds from processed transactions to your designated bank account.

2. Account Registration

2.1 Eligibility

To use TurraTech Services, you must:

• Be at least 18 years old and have the legal capacity to enter into binding contracts
• Be a registered business entity or sole trader operating lawfully in a supported jurisdiction
• Provide accurate, complete, and current information during registration
• Not be on any government sanctions list or prohibited from conducting business

2.2 Verification

We may require identity verification, business documentation, and financial information as part of our onboarding and ongoing compliance processes. You authorize us to make inquiries to verify this information, including credit checks and background checks where permitted by law.

2.3 Account Security

You are responsible for maintaining the confidentiality of your account credentials, API keys, and webhook secrets. You must immediately notify us of any unauthorized access or security breaches. You are liable for all activities conducted through your account.

3. Payment Services

3.1 Payment Processing

TurraTech provides payment processing services that enable you to accept payments from your customers. We act as an intermediary between you, your customers, card networks, and financial institutions.

3.2 Settlement

We will settle funds from successful transactions to your designated bank account according to your settlement schedule. Standard settlement is T+2 business days; alternative schedules may be available for eligible merchants.

3.3 Refunds and Chargebacks

You are responsible for managing refunds to your customers in accordance with your refund policy and applicable consumer protection laws. You are liable for all chargebacks, including the chargeback fee, regardless of the dispute outcome.

3.4 Reserves

We may establish a reserve on your account to cover potential chargebacks, refunds, or other liabilities. We will notify you of any reserve requirements and release funds when the risk has passed.

4. Fees and Billing

4.1 Transaction Fees

You agree to pay the transaction fees set forth in your pricing agreement or as published on our website. Fees are deducted from your settlement amount or charged to your payment method on file.

4.2 Additional Fees

Additional fees may apply for chargebacks, international transactions, currency conversion, instant payouts, and other services. Current fees are available on our pricing page and in your dashboard.

4.3 Fee Changes

We may modify our fees with 30 days' advance notice. Continued use of the Services after the effective date constitutes acceptance of the new fees.

5. Prohibited Activities

You may not use TurraTech Services for:

• Illegal activities or products prohibited by applicable law
• Fraudulent, deceptive, or misleading practices
• Adult content, gambling, or activities prohibited by card network rules
• Weapons, controlled substances, or other restricted goods
• Multi-level marketing or pyramid schemes
• Activities that present unacceptable risk of chargebacks or fraud
• Violation of intellectual property rights
• Money laundering, terrorist financing, or sanctions evasion

We reserve the right to suspend or terminate accounts engaged in prohibited activities without notice.

6. Data and Privacy

6.1 Data Processing

We process personal data in accordance with our Privacy Policy and applicable data protection laws including GDPR and UK GDPR. You are responsible for obtaining appropriate consent from your customers for data processing.

6.2 PCI Compliance

You must comply with the Payment Card Industry Data Security Standard (PCI DSS) to the extent applicable to your integration method. You must not store, process, or transmit cardholder data except through TurraTech's secure systems.

6.3 Confidentiality

Both parties agree to maintain the confidentiality of non-public information disclosed under these Terms.

7. Liability and Indemnification

7.1 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TURRATECH'S LIABILITY IS LIMITED TO THE FEES PAID BY YOU IN THE 12 MONTHS PRECEDING THE CLAIM. WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

7.2 Indemnification

You agree to indemnify and hold harmless TurraTech from any claims, damages, or expenses arising from your use of the Services, violation of these Terms, or infringement of third-party rights.

7.3 Force Majeure

Neither party is liable for delays or failures due to circumstances beyond reasonable control, including natural disasters, government actions, or network outages.

8. Termination

8.1 Termination by You

You may close your account at any time by contacting us. You remain liable for all transactions processed and fees incurred before termination.

8.2 Termination by Us

We may suspend or terminate your account immediately for violation of these Terms, prohibited activities, excessive chargebacks, or unacceptable risk. We may terminate for convenience with 30 days' notice.

8.3 Effect of Termination

Upon termination, we will settle any remaining funds minus applicable fees, reserves, and potential chargebacks. Some provisions survive termination, including liability, indemnification, and dispute resolution.

9. Dispute Resolution

9.1 Governing Law

These Terms are governed by the laws of England and Wales.

9.2 Informal Resolution

Before initiating formal proceedings, both parties agree to attempt informal resolution by contacting the other party's designated representative.

9.3 Jurisdiction

Any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales.

10. General Provisions

10.1 Amendments

We may amend these Terms by posting updated terms on our website and notifying you by email. Continued use after the effective date constitutes acceptance. Material changes will be communicated with at least 30 days' notice. We encourage you to review these Terms periodically.

10.2 Assignment

You may not assign these Terms without our written consent. We may assign these Terms to an affiliate or in connection with a merger or acquisition. Any attempted assignment in violation of this provision is void.

10.3 Severability

If any provision is found unenforceable, the remaining provisions remain in full force and effect. The unenforceable provision shall be modified to the minimum extent necessary to make it enforceable while preserving the parties' original intent.

10.4 Entire Agreement

These Terms, together with the Privacy Policy and any applicable pricing agreement, constitute the entire agreement between you and TurraTech. These Terms supersede any prior agreements or understandings, whether written or oral.

10.5 Waiver

No waiver of any provision of these Terms shall be effective unless in writing and signed by the waiving party. A waiver of any breach shall not constitute a waiver of any subsequent breach.

10.6 No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights, except as expressly provided herein.

11. API and Developer Terms

11.1 API License

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable license to use our APIs to integrate the Services with your applications. You may not sublicense, sell, or distribute the APIs.

11.2 API Keys

API keys are confidential and must be protected. You are responsible for all activity under your API keys. Do not embed secret keys in client-side code or publicly accessible repositories.

11.3 Rate Limits

We may impose rate limits on API usage to ensure service quality. You must implement appropriate error handling and respect rate limit responses. Excessive requests may result in temporary or permanent API access restrictions.

11.4 SDK Usage

Our official SDKs are provided under open-source licenses specified in each SDK's repository. You must comply with applicable license terms when using our SDKs.

11.5 Webhooks

Webhooks are provided on a best-effort basis. You must implement appropriate retry logic and not rely solely on webhooks for critical business processes. Webhook endpoints must use HTTPS and respond within 30 seconds.

12. Hardware Terms

12.1 Purchase and Ownership

Hardware purchased from TurraTech becomes your property upon full payment. We retain no ownership interest in hardware after sale, except for any embedded software which remains licensed, not sold.

12.2 Warranty

Hardware is warranted against defects in materials and workmanship for one year from delivery. This warranty does not cover damage from misuse, accidents, modifications, or normal wear and tear.

12.3 Returns

Hardware may be returned within 30 days of delivery if unopened and in original packaging. A restocking fee may apply. Defective hardware may be returned under warranty at any time during the warranty period.

12.4 Software Updates

Terminal software is updated automatically to maintain security and functionality. You may not disable updates or modify terminal software. Updates may change features or functionality without notice.

13. Subscription Billing Terms

13.1 Subscription Services

If you use our subscription billing features, you are responsible for accurately representing subscription terms to your customers, including pricing, billing frequency, cancellation terms, and automatic renewal disclosures.

13.2 Customer Communications

You must provide clear notice to customers before charging recurring payments and maintain accurate records of customer consent. You are responsible for handling subscription cancellation requests promptly.

13.3 Trial Periods

If offering free trials, you must clearly disclose trial duration, what happens when the trial ends, and how customers can cancel before being charged.

14. Regulatory Compliance

14.1 FCA Authorisation

TurraTech is provided by Aureus Payment Solutions Ltd, a company authorised by the Financial Conduct Authority under the Payment Services Regulations 2017 (Firm Reference Number: 976592). We are required to comply with various regulatory obligations.

14.2 Your Compliance Obligations

You are responsible for complying with all laws and regulations applicable to your business, including consumer protection laws, tax laws, and industry-specific regulations. Our provision of Services does not constitute legal advice.

14.3 Regulatory Cooperation

You agree to cooperate with any regulatory inquiries or audits related to your use of the Services, including providing information and documentation as reasonably requested.

15. Contact Information

For questions about these Terms, contact us at:

Aureus Payment Solutions Ltd
Trading as TurraTech
23 Bilston Street, Dudley
West Midlands, England, DY3 1JA
United Kingdom

Email: hello@turratech.com
Phone: +44 1902 674255

For support inquiries, please contact hello@turratech.com.