TERMS & CONDITIONS
Last Updated: October 22, 2025
Welcome to Opust Solutions (“we,” “our,” or “us”). These Terms govern your use of our payment processing services, SaaS product development, and related services. By using our Services, you agree to these Terms.
IMPORTANT: Payment processing services are provided through our authorized payment processing partners. When you use our payment processing services, you agree to comply with our processing partners’ terms and policies.
1. ACCEPTANCE OF TERMS
By creating an account or using our Services, you represent that you have the authority to bind your company, have reviewed these Terms, and agree to be legally bound by them. If you don’t agree, you may not use our Services.
2. ELIGIBILITY
You must be at least 18 years old, have legal capacity to contract, provide accurate information, keep account information current, and not be engaged in prohibited activities under applicable laws.
3. PAYMENT PROCESSING SERVICES
3.1 Service Provider
Payment processing is provided through our authorized payment processing partners. You must comply with both our policies and our partners’ requirements. Our processing partners are third-party beneficiaries and may enforce terms directly.
3.2 Merchant Requirements
You agree to:
– Provide accurate business and financial information
– Comply with all laws, Card Association rules, and PCI DSS requirements
– Maintain security measures for payment data
– Process only legitimate transactions for goods/services provided
– Submit transactions only for your own business (unless authorized)
3.3 Prohibited Businesses
You may NOT use payment processing for:
– Illegal activities, products, or services
– Adult content or escort services
– Gambling or lottery operations (unless approved)
– Unlicensed pharmaceutical products
– Tobacco, e-cigarettes, or vaping products
– Weapons, ammunition, or explosives
– Money laundering or terrorist financing
– Fraudulent schemes or pyramid schemes
– Any business violating the Card Association rules
– Content that is threatening, abusive, or discriminatory
– High-risk businesses without prior approval
3.4 Fees
Fees include transaction fees, monthly service fees, chargeback fees, and currency conversion fees. Detailed in your Fee Schedule. We may modify fees with 30 days’ notice. All fees exclude applicable taxes.
3.5 Payment Terms
– Fees billed monthly (or more frequently if exceeding $50)
– You authorize ACH debits and credit card charges
– Late payments incur a 1.5% monthly finance charge
– We may suspend services if payment is 2+ days late
– We may terminate if payment is 30+ days late
3.6 Settlement
Funds are settled within 2-7 business days. We may withhold or delay settlements for suspected fraud, disputes, chargebacks, compliance reviews, or as required by law or our processing partners.
3.7 Reserve Accounts
We may require reserves for high-risk businesses, excessive chargebacks, limited processing history, or as determined necessary for risk mitigation.
4. SAAS DEVELOPMENT SERVICES
Projects are defined in the Statement of Work (SOW) with scope, deliverables, timelines, and payment terms. Intellectual property transfers upon full payment unless specified otherwise. We may showcase projects in our portfolio unless confidentiality is required.
5. USER RESPONSIBILITIES
5.1 Account Security
– Maintain credential confidentiality
– Notify us immediately of unauthorized access
– Responsible for all account activities
– Restrict access to authorized users only
5.2 PCI DSS Compliance
Must comply with all PCI Security Standards. Never store full card numbers (unless tokenized), CVV codes, PIN data, or sensitive authentication data.
5.3 Data Security
Implement security measures, secure your systems, verify transactions, protect API credentials, report breaches immediately, and comply with data protection laws.
5.4 KYC and AML
You authorize us to verify information, obtain credit reports on beneficial owners (25%+ ownership), conduct ongoing monitoring, and report suspicious activity.
6. CHARGEBACKS AND DISPUTES
You’re responsible for ALL chargebacks, including providing evidence, paying chargeback fees (even if you win), and reimbursing chargeback amounts. Excessive chargebacks may result in higher fees, reserve requirements, additional monitoring, or account termination.
7. ACCOUNT TERMINATION
7.1 By You
Terminate with 30 days’ notice. You remain responsible for outstanding fees, chargebacks for up to 180 days, and reserve amounts.
7.2 By Us
We may suspend or terminate immediately for: breach of Terms, fraud or suspicious activity, excessive chargebacks, false information, legal requirements, prohibited business activities, PCI non-compliance, or non-payment.
7.3 Effect
Upon termination, all rights cease, funds may be held up to 180 days, payment obligations survive, and confidentiality/indemnification provisions remain in effect.
8. DATA SECURITY AND PRIVACY
We and our processing partners collect personal, business, transaction, and financial data. Data shared with payment processors, Card Associations, banks, fraud prevention services, and government agencies as required. See Privacy Policy for details. You consent to data collection and sharing as described.
9. INTELLECTUAL PROPERTY
We and our partners own all platforms, software, and technology. You receive only a limited license. You may NOT copy, modify, reverse engineer, or remove proprietary notices. We grant a limited trademark license for service promotion, revocable at any time.
10. REPRESENTATIONS AND WARRANTIES
You represent that all information is accurate, you’re engaged in lawful business, transactions are legitimate, you’re not in prohibited activities, and you comply with all laws and Card Association rules.
WARRANTY DISCLAIMER: SERVICES PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, INCLUDING MERCHANTABILITY, FITNESS FOR PURPOSE, OR NON-INFRINGEMENT.
11. LIMITATION OF LIABILITY
WE AND OUR PARTNERS ARE NOT LIABLE FOR:
– Unauthorized access beyond our control
– Fraudulent transactions
– Third-party actions
– Service disruptions or system failures
– Data breaches from your security failures
– Customer disputes or chargebacks
– Indirect, consequential, or punitive damages
TOTAL LIABILITY: Lesser of fees paid in 30 days preceding claim OR $1,500 USD.
EXCEPTIONS: You remain liable for intentional misconduct, breaches, security failures, and Card Association fines (direct damages).
12. INDEMNIFICATION
You indemnify us and our processing partners from claims arising from: your use of Services, violations of Terms or laws, customer disputes, fraudulent transactions, PCI non-compliance, data breaches attributable to you, and Card Association fines resulting from your conduct.
13. CONFIDENTIALITY
Both parties protect confidential information using reasonable security measures. Use only for Agreement purposes. Don’t disclose to third parties. Return or destroy upon termination.
14. GENERAL PROVISIONS
14.1 Entire Agreement: These Terms, Privacy Policy, Fee Schedule, and SOWs constitute the entire agreement.
14.2 Amendments: We may amend with 10 days’ notice (30 for fees). Continued use means acceptance.
14.3 Governing Law: United Arab Emirates law. Disputes are resolved through negotiation, then binding arbitration in Dubai.
14.4 Other Provisions: If any provision is unenforceable, others remain valid. We’re independent contractors. You can’t assign without consent. We can assign freely. Force majeure excuses delays except for payments. Our processing partners are third-party beneficiaries.
15. AUDIT RIGHTS
We and our partners may audit your records during the term and for 12 months after, with 5 days’ notice. You must cooperate. If the audit reveals a breach or underpayment, you pay audit costs.
16. CONTACT
Email: [email protected]
Website: https://opustsolutions.com
By using our Services, you acknowledge reading and agreeing to these Terms. You acknowledge our processing partners are third-party beneficiaries with enforcement rights.
