Terms and Conditions
- Last updated:
- Version:
- 3.0
These Terms and Conditions ("Terms") govern access to and use of the technology platform, software, APIs, hosted interfaces and payment orchestration services provided by Nexc Technology Ltd. ("Nexc Technology", "Nexc", "we", "us" or "our"). By accessing or using the Nexc Technology platform or entering into a service relationship with us, you agree to these Terms.
01Legal Entity Information
Legal Entity: Nexc Technology Ltd.
Company Registration Number: HE 487744
Country of Incorporation: Republic of Cyprus
Registered/Business Location: Limassol, Cyprus
Website: nexc-technology.com
02Nature of Our Services
Nexc Technology is a technology gateway and payment orchestration provider.
We provide merchants with technical infrastructure that may enable them to connect their own accounts and contractual relationships with third-party payment service providers, acquirers and other payment-related service providers ("Payment Providers").
Our services may include: API connectivity; payment routing and orchestration; hosted technical checkout interfaces; payment links, where supported; transaction-status communication; technical integrations with Payment Providers; merchant dashboards; reporting and reconciliation tools; fraud-prevention and risk-management technology; tokenisation or secure transmission functionality where applicable; and other payment-related software and technical infrastructure.
Nexc Technology does not itself provide acquiring services merely by providing the Platform.
03No Possession or Control of Merchant Funds
Unless expressly stated otherwise in a separate written agreement and supported by all legally required authorisations, Nexc Technology does not receive, hold, safeguard, settle, remit or take possession of funds belonging to merchants or their customers.
Payment transactions are processed by the relevant third-party Payment Provider under the contractual relationship applicable to that Payment Provider.
Where a merchant maintains a merchant account with an acquirer or Payment Provider, settlement of transaction proceeds is performed by that Payment Provider directly to the merchant's designated settlement account in accordance with the agreement between the merchant and the Payment Provider.
Nexc Technology does not become the legal owner of transaction funds at any stage solely by providing its technology services.
Nexc Technology does not maintain merchant payment balances or payment accounts and does not perform merchant payouts from funds held by Nexc Technology.
04Merchant Relationships with Payment Providers
Merchants are responsible for establishing and maintaining any merchant account, acquiring agreement or other contractual relationship required by the Payment Provider used through the Platform.
Unless expressly disclosed otherwise for a particular integration, Nexc Technology is not a party to the acquiring agreement between a merchant and its Payment Provider.
Approval to use the Nexc Technology Platform does not constitute approval by any Payment Provider.
Payment Providers independently determine whether to: onboard or reject a merchant; process a transaction; authorise or decline a transaction; suspend processing; establish reserves; process refunds or chargebacks; withhold or delay settlement; or terminate their relationship with a merchant.
The applicable Payment Provider's terms and conditions govern its payment services.
05Flow of Funds
For integrations where the merchant contracts directly with its Payment Provider, the intended general flow is:
Customer/Cardholder → Licensed Acquirer or Payment Provider → Merchant's designated settlement account
Nexc Technology operates as a technology and communication layer connecting the merchant's systems with the relevant Payment Provider.
Nexc Technology's technical involvement in routing transaction information does not mean that transaction funds are deposited into or held in an account owned by Nexc Technology. Specific transaction flows may differ depending on the Payment Provider selected by the merchant.
06Merchant Eligibility and Onboarding
Nexc Technology may require merchants to complete onboarding and business-verification procedures before accessing some or all Platform functionality.
Depending on the merchant and the services requested, we may request information concerning: legal entity name; company registration details; registered address; operating address; directors; shareholders; ultimate beneficial owners; authorised representatives; merchant website and domains; business model; products and services; jurisdictions of operation; expected transaction volume; Merchant Category Code (MCC); source of business funds; applicable licences or registrations; and other information reasonably required for compliance and risk-management purposes.
Nexc Technology may reject, restrict or terminate access to the Platform where a merchant does not satisfy our internal acceptance criteria.
07Merchant Responsibilities
Merchants must use the Platform only for the business activities disclosed and approved during onboarding.
A merchant must not use the Platform to process transactions: for another person or business; for an undisclosed website or domain; for products or services materially different from those disclosed during onboarding; in violation of applicable law; in violation of a Payment Provider's rules; using misleading transaction descriptions; or in a manner intended to circumvent underwriting, compliance, sanctions, fraud or risk controls.
Merchants must promptly notify Nexc Technology of any material change to their ownership, business model, website, products, regulatory status, processing activity or jurisdictions.
08Payment Links
Where payment-link functionality is enabled, payment links may be generated only by authorised merchant users through the Platform.
A payment link may be associated with information including: merchant account; merchant identifier; approved website or business; transaction amount; currency; product or service information; order or invoice reference; applicable Payment Provider; and other transaction metadata.
Payment links may only be used for the merchant and business activity for which the merchant was approved.
Nexc Technology may implement technical, contractual and risk controls intended to prevent payment links from being used for undisclosed or unapproved businesses.
Nexc Technology may disable payment-link functionality for particular Payment Providers, merchants, products or integrations.
Certain third-party services may expressly prohibit use through payment links. Where a Payment Provider or integration partner prohibits such use, the merchant must not make that service available through Nexc Technology's payment-link functionality.
09Compliance and Verification
Nexc Technology may conduct KYB and risk-based verification of merchants, directors, authorised representatives and ultimate beneficial owners for purposes including: merchant acceptance; fraud prevention; sanctions compliance; contractual compliance; information security; risk management; and meeting obligations applicable to our business.
The fact that Nexc Technology performs verification or risk controls does not mean that Nexc Technology acts as the merchant's acquiring institution, bank, payment institution or custodian of funds.
Where customer/cardholder KYC is legally or contractually required for a product provided by a third-party Payment Provider, such verification may be conducted by the relevant regulated Payment Provider according to its own policies and regulatory obligations.
Nexc Technology does not represent that it performs regulated customer due diligence on behalf of a Payment Provider unless expressly agreed and legally permitted.
10Prohibited and Restricted Activities
Nexc Technology may prohibit or restrict merchants operating in industries or jurisdictions that create unacceptable legal, regulatory, sanctions, fraud, reputational or financial risk.
Merchants must comply with the Merchant Acceptance Policy, Prohibited Business Policy and Restricted Country Policy made available by Nexc Technology or otherwise communicated during onboarding.
Nexc Technology may suspend or terminate access where it reasonably determines that a merchant's activities fall outside the approved business profile.
11Sanctions
Merchants must not use the Platform in violation of applicable sanctions or trade restrictions.
Nexc Technology may screen merchants, directors, beneficial owners and other relevant parties against applicable sanctions and risk databases.
We may suspend access, request additional information or terminate a relationship where sanctions or other compliance concerns arise.
12Third-Party Payment Providers
The Platform may integrate with independent third-party Payment Providers.
Nexc Technology does not control and is not responsible for the independent decisions, availability, pricing, underwriting requirements, settlement schedules, reserves, chargebacks or other services of a Payment Provider.
Integration with or technical availability of a Payment Provider through Nexc Technology does not constitute an endorsement, guarantee or representation that the Payment Provider will accept a particular merchant.
13Refunds, Chargebacks and Settlement
Refunds, chargebacks, reversals, reserves and settlement are subject to the rules and contractual arrangements of the applicable Payment Provider.
Nexc Technology may provide technical functionality allowing a merchant to transmit a refund or other instruction to a Payment Provider.
Providing such technical functionality does not mean that Nexc Technology itself executes, funds or settles the refund.
Nexc Technology is not responsible for delays or withholding of settlement by a Payment Provider.
14Fees
Fees payable to Nexc Technology are fees for access to and use of our technology and related services unless expressly agreed otherwise.
Applicable fees may include: setup or integration fees; platform fees; subscription fees; transaction-based technology fees; technical support fees; and other fees agreed with the merchant.
Payment Provider fees may be charged separately by the relevant Payment Provider.
15Data Protection
Nexc Technology processes personal data in accordance with its Privacy Policy and applicable data-protection requirements.
Merchants are responsible for ensuring that they have an appropriate legal basis for transmitting personal data to Nexc Technology and applicable Payment Providers.
The respective roles of Nexc Technology, the merchant and Payment Providers regarding personal data may depend on the particular processing activity and integration.
16Security
Merchants must maintain appropriate security controls and protect credentials, API keys, passwords and other authentication information.
Merchants must immediately notify Nexc Technology if they suspect unauthorised access, credential compromise, fraud or another security incident involving the Platform.
We may suspend credentials or Platform access where reasonably necessary to protect the Platform, merchants, Payment Providers or other parties.
17Platform Availability
We aim to provide reliable Platform availability but do not guarantee uninterrupted or error-free operation.
The Platform may be temporarily unavailable due to: maintenance; updates; telecommunications failures; Payment Provider outages; cybersecurity incidents; force majeure events; or circumstances outside our reasonable control.
18Intellectual Property
The Platform, software, APIs, documentation, interfaces, trademarks and related intellectual property are owned by Nexc Technology or its licensors.
Merchants receive a limited, non-exclusive, non-transferable and revocable right to use the Platform for their approved business purposes during the term of their relationship with Nexc Technology.
19Suspension and Termination
Nexc Technology may suspend or terminate Platform access where reasonably necessary, including where: these Terms are breached; false or misleading information is provided; the merchant materially changes its business without approval; prohibited activity is identified; sanctions or compliance concerns arise; a Payment Provider requests or requires suspension; there is suspected fraud or security risk; fees remain unpaid; or continued provision of services could expose Nexc Technology or its partners to material legal, regulatory or reputational risk.
Termination of access to Nexc Technology does not itself determine the status of funds held by a Payment Provider.
20No Financial or Investment Services
Unless expressly stated in a separate agreement and legally authorised, Nexc Technology does not provide investment advice, investment services, portfolio management, brokerage services, deposit-taking services or custody of customer assets.
Nexc Technology's core service under these Terms is the provision of technology infrastructure.
21Crypto-Asset and On/Off-Ramp Integrations
Where the Platform technically integrates with a regulated crypto-asset or on/off-ramp provider, the relevant product is provided by that third-party provider under its own terms, eligibility requirements and regulatory framework.
Nexc Technology does not itself become the seller, purchaser, custodian or exchange provider of crypto-assets merely because it provides a technical integration.
Any integration involving crypto-assets may be subject to additional restrictions and separate approval.
Where a third-party provider prohibits delivery of its product through a particular channel or functionality, including payment links, Nexc Technology and the merchant must comply with that restriction.
22Representations and Warranties
Each merchant represents that: it is validly established and authorised to conduct its business; information supplied during onboarding is accurate and complete; its use of the Platform complies with applicable law; it will use the Platform only for its approved business activities; it has all licences and permissions required for its underlying business; and it will comply with the requirements of its Payment Providers.
23Limitation of Liability
To the maximum extent permitted by applicable law, Nexc Technology will not be liable for losses caused by: transaction declines by Payment Providers; Payment Provider settlement delays; chargebacks or reversals; merchant-account suspension or termination; third-party outages; merchant fraud or misuse; inaccurate information supplied by a merchant; or events outside Nexc Technology's reasonable control.
Nothing in these Terms excludes liability that cannot legally be excluded.
24Indemnification
To the extent permitted by applicable law, a merchant agrees to indemnify Nexc Technology against claims, losses, penalties, costs and expenses arising from the merchant's unlawful use of the Platform, breach of these Terms, violation of third-party rights or use of the Platform for undisclosed or prohibited business activities.
25Changes to These Terms
Nexc Technology may update these Terms from time to time to reflect changes to the Platform, applicable laws, regulatory requirements or business practices.
The current version will be published on our website together with its effective or last-updated date.
Material changes may also be communicated directly to affected merchants where appropriate.
26Governing Law and Jurisdiction
These Terms are governed by the laws of the Republic of Cyprus, without prejudice to any mandatory rights or rules that apply under applicable law.
Unless mandatory law provides otherwise, disputes relating to these Terms shall be subject to the jurisdiction of the competent courts of the Republic of Cyprus.
27Contact
Questions concerning these Terms or the Nexc Technology Platform may be submitted through the contact details published on our website.
Nexc Technology Ltd.
Company Registration No.: HE 487744
Limassol, Republic of Cyprus
Website: nexc-technology.com