Terms of Service

Acceptance of Terms

By using the DPS Payments website, submitting an application at apply.dpspayments.com, or engaging with our sales representatives, you confirm that:

• You have read, understood, and agree to these Terms of Service
• You are at least 18 years of age and legally authorized to enter into contracts
• You are acting on behalf of a legitimate business entity and are authorized to bind that entity
• The information you provide to us is accurate, current, and complete

These Terms apply to all visitors, applicants, and customers of DPS Payments Corp.

About Our Services

DPS Payments Corp provides payment processing services, merchant account setup, and point-of-sale (POS) equipment to retail business owners across the United States. Our services include but are not limited to:

• Merchant account application and setup via processing networks (TSYS, Elavon, Clover, Dejavoo, PAX)
• Credit and debit card processing for Visa, Mastercard, Discover, and American Express transactions
• POS terminal and system installation at merchant locations
• Onboarding incentives and processing credits for qualifying businesses
• Ongoing merchant support and account management

We act as an agent and independent sales organization (ISO) for our processing partner networks. Your merchant account agreement will be governed by the terms of the applicable processing network in addition to these Terms.

Eligibility

To apply for and use DPS Payments services, you must meet the following requirements:

• Operate a legitimate retail business located in the United States
• Process a minimum monthly card volume as specified in our current promotional materials (typically $20,000–$25,000/month)
• Hold a valid business license and Tax Identification Number (EIN)
• Maintain a valid business checking account with a U.S.-based financial institution
• Not be on the Terminated Merchant File (TMF) or MATCH list maintained by card networks
• Not be engaged in any prohibited business type as defined by Visa, Mastercard, or our processing partners

DPS Payments reserves the right to deny any application at its sole discretion.

Application Process

When you submit an application through our website or with a DPS Payments representative, you agree to:

• Provide accurate, truthful, and complete information in your application
• Submit all required documentation in a timely manner (business license, voided check, government-issued ID, etc.)
• Authorize DPS Payments and its processing partners to perform credit and background checks
• Notify us promptly if any information in your application changes

Approval is not guaranteed and is subject to underwriting review by our processing partners. DPS Payments will notify you of approval or denial within a reasonable timeframe.

Processing Credits & Onboarding Incentives

DPS Payments may offer processing credits, onboarding incentives, or cash bonuses to qualifying merchants. The following terms apply to all promotional offers:

• Processing credits (up to $3,000) are applied as monthly credits against processing fees — they are not cash payments unless explicitly stated otherwise
• Credit amounts and disbursement schedules are determined at approval and are based on your processing volume and account standing
• Incentives are conditional on maintaining your merchant account in good standing for the specified period (typically 12 months)
• If you cancel your account or fail to meet minimum processing volumes, DPS Payments reserves the right to recoup a prorated portion of any incentives paid
• Promotional offers are subject to change without notice and are valid only during the advertised promotional period
• Offer expiration dates displayed on our website are enforced — applications submitted after expiration may not qualify for the advertised incentive

Merchant Account Terms

Upon approval, you will be required to enter into a separate Merchant Services Agreement with DPS Payments and/or our processing partner. Key terms include:

• You are responsible for all transactions processed through your merchant account, including chargebacks, refunds, and fraudulent transactions
• You must comply with all card network rules and regulations (Visa, Mastercard, Discover, Amex) at all times
• You are responsible for maintaining PCI DSS compliance at your place of business
• You must promptly notify DPS Payments of any changes to your business, including ownership changes, business closure, or significant changes in processing volume
• Reserve accounts may be established at the discretion of our processing partners to cover potential chargebacks or liabilities

Fees & Rates

Specific processing rates, monthly fees, and any applicable transaction fees will be disclosed in your Merchant Services Agreement prior to activation. General terms:

• Processing rates are based on your business type, transaction volume, and card mix
• Rates quoted during the application process are estimates and may be adjusted based on underwriting review
• Monthly service fees, statement fees, and equipment fees (if any) will be detailed in your merchant agreement
• Chargeback fees apply for each disputed transaction regardless of outcome
• DPS Payments reserves the right to adjust rates with 30 days' written notice in accordance with your merchant agreement

Equipment & POS Systems

DPS Payments may provide POS terminals or systems as part of your onboarding package. The following terms apply to all equipment:

• Equipment provided as part of a promotional offer remains the property of DPS Payments or its processing partners unless explicitly transferred to you in writing
• You are responsible for the proper use, care, and safeguarding of all equipment
• Damage caused by misuse, negligence, or unauthorized modification may result in replacement fees
• Equipment must be returned upon account termination if not fully purchased; failure to return may result in a replacement fee being charged
• DPS Payments provides installation support but is not responsible for existing network infrastructure at your location

Prohibited Activities

You agree not to use DPS Payments' services for any of the following:

• Processing transactions for goods or services not disclosed in your merchant application
• Processing transactions on behalf of another merchant (factoring)
• Any illegal activity, including money laundering, fraud, or tax evasion
• Businesses that sell illegal products or services under applicable federal or state law
• Processing of unauthorized or stolen card information
• Circumventing card network rules, including split-ticketing or credit card laundering
• Submitting false chargebacks or engaging in friendly fraud

Violation of these prohibitions will result in immediate account termination and may be reported to relevant authorities and card networks.

Intellectual Property

All content on the DPS Payments website — including but not limited to text, graphics, logos, images, videos, and software — is the property of DPS Payments Corp or its content suppliers and is protected by United States and international intellectual property laws.

• You may not copy, reproduce, republish, upload, post, or distribute any content from our website without prior written permission
• The DPS Payments name, logo, and branding are trademarks of DPS Payments Corp
• Testimonial videos featured on our website are property of DPS Payments and may not be reproduced

Disclaimers

Specifically, DPS Payments makes no warranties regarding:

• The accuracy, completeness, or timeliness of any content on our website
• The continued availability of promotional offers or processing credits
• Approval of any merchant application
• Specific processing rates or savings amounts
• Uninterrupted availability of payment processing services (which are governed by third-party processing networks)

Limitation of Liability

To the maximum extent permitted by applicable law, DPS Payments Corp and its officers, directors, employees, agents, and partners shall not be liable for:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Damages arising from your reliance on information provided on our website
• Losses resulting from unauthorized access to your merchant account
• Interruptions in payment processing caused by third-party networks (TSYS, Elavon, etc.)

In no event shall DPS Payments' total liability to you exceed the total fees paid by you to DPS Payments in the three (3) months preceding the claim.

Indemnification

You agree to indemnify, defend, and hold harmless DPS Payments Corp and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of our website or services
• Your violation of these Terms
• Your violation of any card network rules or applicable law
• Any false or misleading information you provide to DPS Payments
• Any transaction processed through your merchant account

Termination

DPS Payments reserves the right to suspend or terminate your account or access to our services at any time, with or without notice, for any of the following reasons:

• Violation of these Terms of Service
• Fraudulent, illegal, or prohibited activity
• Excessive chargebacks or refund rates
• Failure to maintain required documentation or PCI compliance
• Termination by the underlying processing partner
• Business closure or significant change in business model

Upon termination, any unpaid fees remain due and payable. Sections relating to intellectual property, disclaimers, limitation of liability, indemnification, and dispute resolution shall survive termination of these Terms.

Dispute Resolution

Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions.

Arbitration: Any dispute, claim, or controversy arising out of or relating to these Terms or our services shall first be attempted to be resolved through good-faith negotiation. If unresolved within 30 days, disputes shall be submitted to binding arbitration administered by the American Arbitration Association (AAA) in New York, NY.

Class Action Waiver: You agree to resolve disputes with DPS Payments on an individual basis only. You waive any right to participate in class action lawsuits or class-wide arbitration against DPS Payments.

Small Claims: Either party may bring an individual claim in small claims court for disputes within that court's jurisdiction.

Changes to These Terms

DPS Payments reserves the right to modify these Terms at any time. When we make material changes, we will:

• Update the "Last Updated" date at the top of this page
• Post the revised Terms on our website
• Notify active merchants via email where required by law or merchant agreement

Your continued use of our website or services after any changes constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must discontinue use of our services and notify us to close your account.

Contact Us

For any questions, concerns, or legal notices regarding these Terms of Service, please contact DPS Payments Corp:

We aim to respond to all legal and compliance inquiries within 5 business days.