Terms of Service

Last Updated: August 1, 2025

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you" or "Client"), and ePAYMENT INTERNATIONAL Inc. ("Company," "we," "us," or "our"), concerning your access to and use of our services, including our payment gateway, financial escrow services, and associated website (collectively, the "Services").

By creating an account or using any of our Services, you agree that you have read, understood, and agree to be bound by all of these Terms. If you do not agree with all of these Terms, then you are expressly prohibited from using the Services and you must discontinue use immediately.

2. Description of Services

ePayment International Inc. provides a high-security payment gateway for processing online transactions and financial escrow services to hold funds securely until transactional obligations between parties are met. We reserve the right to modify, suspend, or discontinue the Services at any time, with or without notice.

3. User Eligibility and Account Registration

To use our Services, you must be at least 18 years old or the age of legal majority in your jurisdiction. You represent and warrant that you have the legal capacity to enter into this agreement.

You agree to provide accurate, current, and complete information during the registration process. As a regulated entity under the Financial Transactions and Reports Analysis Centre of Canada (FINTRAC), we are required by law to perform customer due diligence ("Know Your Customer" or KYC). This may require you to provide government-issued identification and other information to verify your identity and business details. Your failure to provide such information may result in the suspension or termination of your account.

You are responsible for safeguarding your account password and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

4. Acceptable Use and Prohibited Activities

You agree to use the Services in compliance with all applicable laws and regulations. You shall not use the Services for any of the following prohibited activities:

5. Fees and Payment

You agree to pay the fees for the Services as described on our website or in a separate fee schedule provided to you. We reserve the right to change our fees upon thirty (30) days' notice. All fees are quoted in Canadian Dollars (CAD) unless otherwise specified and are non-refundable. You are responsible for any taxes applicable to the fees.

6. Escrow Services

For Escrow Services, funds will be held by us in a secure, non-interest-bearing trust account. Funds will be released only upon the fulfillment of the agreed-upon conditions by all parties to the transaction. In the event of a dispute, we will follow the dispute resolution process outlined in the specific escrow agreement. We may charge a fee for mediating or resolving disputes.

7. Intellectual Property Rights

Unless otherwise indicated, the Services are our proprietary property. All source code, databases, functionality, software, website designs, text, and graphics (collectively, the "Content") and the trademarks and logos contained therein ("Marks") are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws. You are granted a limited license to access and use the Services for your business purposes. You may not copy, reproduce, aggregate, republish, upload, post, publicly display, encode, translate, transmit, distribute, sell, license, or otherwise exploit any part of the Services without our express prior written permission.

8. Term and Termination

This agreement is effective upon your acceptance and continues until terminated by you or us. You may terminate this agreement by closing your account at any time. We may terminate or suspend your account and access to the Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Services will cease immediately. Any funds held in escrow or pending settlement will be handled in accordance with the applicable escrow agreement and our legal obligations.

9. Disclaimers and Limitation of Liability

THE SERVICES ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF.

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT OF FEES PAID BY YOU TO US DURING THE THREE (3) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING.

10. Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your use of the Services; (2) your breach of these Terms; (3) any breach of your representations and warranties set forth in these Terms; or (4) your violation of the rights of a third party, including but not limited to intellectual property rights.

11. Governing Law and Dispute Resolution

These Terms and your use of the Services are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to its conflict of law principles.

Any dispute, controversy, or claim arising out of or relating to these Terms shall be resolved by binding arbitration in Ottawa, Ontario, in accordance with the rules of the Canadian Arbitration Association.

12. General Provisions

ePAYMENT INTERNATIONAL Inc.
Suite 302, 200 Elgin Street
Ottawa, ON K2P 1L5, Canada
Email: info@epayment-international.ca