Special Conditions – Gateway Services (Gateway Freedom, Gateway Hosted or Virtual Terminal excluding IMA Services)

1. Contract Terms
1.1. The Pay360 by Capita Terms of Business that apply to the Gateway Service consists of the General Terms, the Gateway Special Conditions and the Merchant’s Gateway Schedule(s) (the Agreement). The Pay360 by Capita Gateway Services can only be used to process Transactions when the Merchant has a current Acquirer Merchant Account (MOTO Merchant Account, Internet Merchant Account (IMA) or other approved Merchant Accounts). This Agreement only applies to Pay360 by Capita Services and there are separate terms and conditions that are applied by an Acquirer to a Merchant Account.
   
2. Parties to this Agreement
2.1. The Parties to this Agreement shall be the Merchant and Pay360 Limited owned by Capita Holdings Limited (Company Number: 03539217) whose registered office is located at 1 The 17 Rochester Row, London, SW1P 1JB.
   
3. Renewal
3.1. The Initial Term is for a period of 24 Months or such period specified in the Schedule whichever is the greater. Upon the anniversary to the Initial Term the Agreement will be automatically continue (“Renewal Term”) unless terminated by either party (without prejudice to Pay360 by Capita’s right to terminate under this Agreement) giving to the other not less than three months’ prior written notice, such notice not to expire during the Initial Term.
   
4. Transaction Information
4.1. The following chargeable events shall apply:


 

Gateway

Term

Definition

Deferred (Defer) Transaction

 

A request for Authorisation of a Transaction made by the Merchant to validate the card and Transaction Amount which either (i) does not result in the taking funds or processing of payments for the value of the Authorisation or (ii) results in a delay in the taking of funds or processing of payment for the value of the Authorisation.

Release Transaction

A financial transaction following an associated Deferred transaction that initiates provision of and or dispatch of goods and or services to the cardholder.

Sale Transaction

An Authorisation with an associated real time action by the Merchant for the collection of payment.

Repeat Transaction

A Transaction for goods and or services with associated Authorisation forming part of a set or series of recurring orders upon which Authorisation was obtained and an associated payment request was made.

Refund

A Transaction for goods and or services with associated Authorisation forming part of a set or series of recurring orders upon which Authorisation was obtained and an associated payment request was made.

Failed Transaction

An Authorisation request or request for payment that is declined.

 

4.2. In addition to the Monthly Service Charge and Transaction Fees, other Charges and Fees will also apply depending on the Services selected by the Merchant and how the Merchant uses the Services. These Charges and Fees are more fully described in the Schedule and may include but are not limited to Charges and Fees in relation to;
  • Fraud Toolkit
  • SecGuard
  • 3D Secure
  • Retrieval requests
  • Payment Administration
  • E-mail Pay
  • PayCash
  • PayPal
  • Scheme fees, charges and levies
  • Card Reconciliation Fee
  • Service Reconnection Fee
  • PCI related fees and charges
  • Taxes
4.3. For further information on Charges the Merchant should review the Schedule.
4.4. The Merchant will also pay the Acquirer for the acquiring services received by the Merchant under the Merchant Contract. Details of these fees and charges are contained in the Merchant Contract and do not form part of this Agreement.
4.5. All Charges referred to in this Agreement shall be exclusive of taxes which will be levied at the appropriate rate as applicable and as the same may be amended from time to time. Scheme fees and charges shall be levied and or payable by the Merchant as required by the Scheme Rules.
   
5. Application Management Service
5.1. The Merchant may at the point of registration or any time during the Term of this Agreement request Pay360 by Capita to provide an application management service to assist the Merchant to process an application to enter into a Merchant Contract with an Acquirer.
5.2. The Merchant shall pay Pay360 by Capita the Application Management Fee as notified to the Merchant at the time of the Merchant’s request and shall provide Pay360 by Capita with all assistance and documentation reasonably required for Pay360 by Capita to manage the application.
5.3. The Application Management Fee shall be in addition to any Set Up Fee applicable to establishment of the Merchant’s account with Pay360 by Capita.

Schedule

Please see details provide on registration or if applicable by email.

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