Merchant Terms

Provider: BAXPAY SARL, RCS Lille Métropole 979 498 706, capital €7,500, registered office 679 Avenue de la République, 59800 Lille, France.

“Services” means the BaxPay merchant tools you use to accept payments and run your business: card acceptance, settlements and payouts, cards when enabled, e-invoicing, and APIs and integrations. “Customer” means the person who pays you. “Partner” means a payment institution, acquirer, or bank that provides a regulated service with us, today mainly Stripe.

If documents conflict, this order applies: (1) these Merchant Terms, (2) the Terms of Service, (3) the Privacy Policy. A signed agreement between you and BaxPay prevails over all three for the matters it covers.

Stripe’s Connected Account Agreement, which you accept at activation, governs the services Stripe itself provides. Mandatory card-scheme and partner rules prevail for the payment they apply to.

You must be a business or a sole trader acting for professional purposes, established in a country we support, and legally able to contract. These Merchant Terms are a business-to-business agreement; consumer-protection rules for individuals acting outside their trade do not apply to them.

Before you can accept payments, we and our partners must verify you and your business (know your customer / know your business). You must provide accurate information about the business, its legal representative, and every person who owns or controls 25% or more, and keep it up to date.

BaxPay uses verification levels. Each level is reached when a partner has verified you, and it unlocks the features that run on that partner. Your dashboard shows your level and anything still missing. We may ask for more documents at any time, including after activation.

We or our partners may refuse, limit, or end an activation for legal, risk, or policy reasons, and are not always allowed to tell you why.

Card acceptance: in person with a card reader or Tap to Pay on a compatible phone, and online with payment links, the online shop, and integrations. Other payment methods appear in your dashboard when available for your country and plan.

Settlements and payouts to your bank account, as described in section 5.

Expense cards, e-invoicing, team access, and developer APIs when enabled for your account. Specific terms shown when you enable them apply in addition.

BaxPay is not today an authorised payment institution. Regulated payment services are provided with licensed partners. We do not claim a licence or certification we do not hold.

You pay the fees of your plan and the per-transaction fees shown on our pricing page and in your dashboard at the time of the transaction. Fees are deducted from the payments you receive, or from your BaxPay balance.

Plan fees renew at the end of each billing period. We collect them from your BaxPay balance first and, if the balance is not enough, from the payment method you saved.

A transaction fee is quoted for the expected payment method. If the customer actually pays with a method that costs more (for example an international card), we may collect the difference afterwards. We never charge more than the published price for the method actually used.

We may change fees or plans with at least 30 days’ notice by email and in the dashboard. You may close your account before the change takes effect; otherwise the new fees apply from that date. Fees are exclusive of VAT where VAT applies.

Payments you receive are credited to your balance once they have cleared, then paid out to your bank account on the schedule you choose or on demand. Instant payouts may be available for an extra fee and require a higher level of trust.

Your balance is held on your account with our acquiring partner. It is not an escrow account operated by BaxPay and it is not described here as e-money.

You need a verified bank account in your name, or your business’s name, to receive payouts. You can add it after activation, but it is required before your first payout.

Payout timing is a target, not a guarantee: banks, holidays, partner reviews, and the holds in section 6 can delay it.

We may hold part of your balance, or delay payouts, when the risk of refunds, chargebacks, or losses is higher than usual. Examples: a sudden change in volume, a high dispute rate, delivery far in the future, or an open compliance review.

We tell you about a reserve and the reason for it unless the law prevents us. We review it regularly and release the funds once the risk has passed.

We may deduct from your balance or from future payments anything you owe us or our partners: fees, refunds, chargebacks and their fees, scheme fines caused by you, and negative balances. If your balance is not enough, you must pay the amount when asked, and we may collect it from the payment method you saved.

When the law requires it (for example anti-money-laundering, sanctions, or an asset freeze), we must hold the funds concerned for as long as the authority or the law requires.

You are the merchant of record: the seller to your customer. You are responsible for delivering what you sold, for your refund policy, and for handling customer complaints.

Refunds you make are taken from your balance. The original transaction fee is not returned unless your plan says otherwise.

When a customer disputes a payment with their bank, the amount and the dispute fee are taken from your balance. You can send evidence through the dashboard; the card network or the customer’s bank makes the decision, not BaxPay. If you win, the amount is returned to you.

We may limit or close your account if your dispute or fraud rate is above card-scheme thresholds.

You must not use BaxPay for illegal goods or services, or for businesses our partners do not support. These include: weapons and explosives; illegal drugs and drug paraphernalia; adult content and services; gambling without the required licence; counterfeit or infringing goods; pyramid or multi-level marketing schemes; money transmission, unregulated crypto-assets, and other financial services without authorisation; and any activity involving sanctioned persons or countries.

Stripe’s list of restricted businesses also applies (stripe.com/legal/restricted-businesses). Some activities are allowed only with prior approval. If you are unsure, ask us before accepting payments.

If you change what you sell, tell us before you start.

You are the controller of your customers’ personal data. BaxPay processes that data on your behalf, as your processor, when we provide the services to you: payments, receipts, the online shop, invoices, and customer lists.

BaxPay is an independent controller when we process data for our own legal obligations and purposes: fraud prevention, anti-money-laundering checks, accounting, and improving our security. Our partners are independent controllers for their own services. Our Privacy Policy describes this processing.

As your processor, and in line with article 28 of the GDPR, we: process your customers’ data only on your documented instructions, which are these Merchant Terms and your use of the services; make sure our staff are bound by confidentiality; apply appropriate security measures; use sub-processors only under equivalent obligations (our list is available on request, and we notify you of changes); help you answer data subject requests and meet your security, breach-notification, and impact-assessment duties; notify you without undue delay of a personal data breach affecting your customers’ data; delete or return the data at the end of the services, unless the law requires us to keep it; and give you the information needed to show compliance, including allowing reasonable audits.

Transfers outside the European Economic Area use the safeguards described in our Privacy Policy.

You must have a legal basis for the data you share with us, inform your customers as required, and not send us special categories of data unless a feature requires it.

Each party keeps the other’s non-public information confidential and uses it only to perform these Merchant Terms, except where disclosure is required by law, by a regulator, or by a partner for the payment concerned.

Your API keys, webhook secrets, and integration tokens are confidential. Store them securely, never put secret keys in a browser or mobile app, and rotate them if you think they have leaked. You are responsible for requests made with your keys until you revoke them.

Card readers can be bought, or rented on a monthly plan, from your dashboard. The price, delivery, and monthly fee shown at checkout apply.

You may return a reader within the return window shown at purchase, in its original condition, for a refund under the return policy in your dashboard.

A rented reader stays our property or our supplier’s. The monthly plan continues until you cancel it. If a rented reader is lost, stolen, or damaged beyond normal use, we may charge its replacement price.

Keep readers’ software up to date, do not tamper with them, and tell us immediately if one is lost or stolen so we can disable it.

Nothing in these Merchant Terms limits liability that cannot be limited by law, including for fraud or gross negligence.

Subject to that, neither party is liable for indirect losses, loss of profit, loss of business, or loss of data. Our total liability to you in any twelve-month period is limited to the fees you paid us in the twelve months before the event giving rise to the claim.

We are not liable for losses caused by partners, banks, card networks, telecom providers, or events beyond our reasonable control.

You will compensate BaxPay for losses, fines, and reasonable costs caused by your breach of these Merchant Terms, of card-scheme rules, or of the law, including chargebacks, scheme fines, and claims by your customers.

You may stop using the services and close your account at any time from your dashboard or by contacting support.

We may end these Merchant Terms with 30 days’ notice. We may suspend or end them immediately for fraud, a serious or repeated breach, a legal or regulatory requirement, a partner’s decision, or a risk of loss we cannot otherwise manage. Where the law allows, we tell you why.

After termination, we keep your balance for as long as needed to cover refunds, chargebacks, and amounts owed, which can be up to 180 days, and then pay out what remains to your verified bank account. Sections 6, 7, 10, 11, and 13 survive termination.

We may change these Merchant Terms. We give you at least 30 days’ notice of a material change by email and in your dashboard, and show the new version and its effective date on this page. Changes required by law or by a partner may apply sooner when needed.

If you do not agree, you may close your account before the change takes effect. If you keep using the services after that date, you accept the new version. Your dashboard lets you confirm you have read it.

These Merchant Terms are governed by French law. Any dispute that we cannot settle amicably goes to the competent courts of Lille, France.