1. Who We Are
These Terms of Service ("Terms") are issued by Paytech Solutions Limited, trading as NXI, NXIPay, or NXI Pay ("NXI Pay", "we", "us", "our").
- Legal Entity: Paytech Solutions Limited
- Trading Name: NXI, NXIPay, or NXI Pay
- Registration Number: 134756
- Place of Incorporation / Registration: Marshall Islands
- Registered Address: Trust Company Complex, Ajeltake Road, Ajeltake Island, Majuro, Marshall Islands, MH 96960
- Administrative Headquarters: 121 Platte Akker, 4847KP Teteringen, The Netherlands
- Contact: [email protected]
2. Scope (business-to-business only)
NXI Pay provides business-to-business payment connectivity, orchestration, and related services to merchants and other business customers ("Merchant", "you", "your").
NXI Pay does not provide services to consumers or end-customers. If you are an end-customer making a payment to a Merchant, you must contact that Merchant directly.
3. Acceptance of these Terms
You agree to these Terms by:
- signing an order form, statement of work, or commercial schedule that references these Terms; or
- accessing or using NXI Pay services, portals, dashboards, APIs, or integrations.
If you are entering into these Terms on behalf of an entity, you confirm you have authority to bind that entity.
4. Our Services
4.1 What we do
- Payment orchestration and routing.
- Integrations to payment partners (for example gateways, acquirers, processors, APMs).
- Operational support, reporting, and reconciliation support.
4.2 What we do not do
- NXI Pay is not a bank, card issuer, or licensed acquirer (unless explicitly stated in an order form).
- Payment processing and settlement may be performed by third-party payment partners under their own terms.
- Chargebacks, scheme rules, underwriting, and settlement timing may be governed by partner terms and not solely by NXI Pay.
5. Onboarding, KYB and Compliance
- You must provide accurate, complete and current information requested for onboarding, Know Your Business (KYB), underwriting, and ongoing compliance.
- We may suspend onboarding or services if required information is not provided, information is inaccurate or misleading, or a payment partner requires suspension or termination for compliance or risk reasons.
- You must comply with applicable laws, relevant scheme rules, and partner requirements that apply to your business model and acceptance of payments.
6. Fees and Commercials
- Pricing, fees, reserves (if any), settlement cycles, and any additional commercial terms are defined in your order form, commercial schedule, or the applicable partner agreement.
- If partner fees or third-party costs apply, those may be deducted or passed through as described in the relevant commercial documents.
7. Data, Privacy and Security
- Your use of NXI Pay services is governed by our Privacy Policy, which forms part of these Terms by reference.
- NXI Pay primarily processes business information (for example company details, business contacts, settlement details, transaction metadata, and technical logs).
- If end-customer personal data is processed as part of payments, that processing is typically performed by you as Merchant and/or our payment partners under their own privacy notices and contractual terms. You are responsible for providing appropriate end-customer disclosures where required.
- We implement reasonable technical and organisational safeguards. You are responsible for keeping your access credentials secure and restricting access to authorised personnel.
8. Merchant Responsibilities
You agree to:
- use the services only for lawful business purposes;
- maintain secure storage and control of credentials and API keys;
- promptly notify NXI Pay of suspected fraud, compromise, or incidents that may affect the services;
- ensure your products, services and marketing materials are accurate and not misleading;
- comply with partner restrictions (including prohibited categories) communicated to you.
9. Prohibited Use
You must not:
- use the services for illegal activity, fraud, money laundering, or sanctions violations;
- interfere with platform security or availability;
- attempt to access data or systems you are not authorised to access;
- misrepresent NXI Pay or payment partners to end-customers or third parties.
10. Third-Party Services and Partner Terms
Your use of the services may require third-party services (for example payment processors, acquirers, APMs, KYC and KYB providers, fraud tools). Those third parties may impose terms that govern specific areas such as settlement timing, chargebacks and disputes, underwriting, fraud programmes, and risk actions.
Where partner terms conflict with these Terms on a partner-controlled topic, the partner terms will prevail for that topic.
11. Term and Termination
These Terms continue until terminated. Either party may terminate:
- for material breach not cured within 30 days of written notice; or
- for convenience with 30 days' written notice, unless your order form states otherwise.
We may suspend or terminate immediately if required by law, scheme rules, or payment partner risk or compliance requirements.
12. Disclaimers
Services are provided on an "as is" and "as available" basis to the maximum extent permitted by law. We do not guarantee uninterrupted availability or error-free operation.
13. Limitation of Liability
To the maximum extent permitted by law:
- Neither party is liable for indirect, incidental, special or consequential damages (including lost profits or revenue).
- The total aggregate liability of NXI Pay under these Terms is capped at the fees paid by you to NXI Pay in the six (6) months immediately preceding the event giving rise to the claim.
- Nothing in these Terms limits liability for fraud, wilful misconduct, or liability that cannot be excluded under applicable law.
14. Indemnities
Each party will indemnify and hold harmless the other party from third-party claims arising from its breach of these Terms, its fraud, wilful misconduct or gross negligence, or infringement caused by materials it provides.
15. Governing Law and Forum
These Terms are governed by the laws of the Republic of the Marshall Islands, without regard to conflict of laws principles.
The parties submit to the exclusive jurisdiction of the competent courts of the Republic of the Marshall Islands for any dispute arising out of or in connection with these Terms. Nothing prevents either party from seeking urgent injunctive relief in any competent court where necessary.
16. Notices
Notices to NXI Pay must be sent to [email protected] and may also be sent by courier to the registered address (Marshall Islands) or administrative headquarters (Netherlands) listed above.
17. Changes to these Terms
We may update these Terms from time to time. If changes are material, we will provide notice via email and/or dashboard notice. Continued use of services after the effective date of an update constitutes acceptance of the updated Terms.
