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DesiPayments

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Terms of Service

Desi Payments
1088 Liberty Ave, Brooklyn, NY 11208
Email: support@desipayments.com | Phone: 855-DesiPay (377-4729)

1. Parties and Services

This Agreement is between Desi Payments (“Desi”, “we”, “our”) and the approved business entity (“Sub-Merchant”, “you”, “your”). Desi provides payment processing, settlement, onboarding, and risk monitoring services under a registered PayFac model with its Processor and Acquirer (collectively, “Processing Partners”).

2. Sub-Merchant Approval & Due Diligence

  • Service activation is subject to underwriting and ongoing compliance.
  • You authorize Desi to obtain business verification, identity checks, site reviews, and any documentation required to validate operations.

3. Fees

  • You agree to all fees published in your pricing schedule.
  • Fees may change with thirty (30) days’ notice unless mandated by regulation or card brands.

4. Funding & Settlement

  • Default Payout: Next-day funding (T+1), excluding weekends/holidays.
  • Same-Day Payout Option: Subject to approval and assessed at 2% of same-day funded volume.

       Funds may be delayed or held if:

  • Fraud, unusual patterns, or increased chargebacks occur
  • Requested by the Processor or Acquirer
  • Business information is outdated or questioned

       Reserves may be established as needed.

5. Chargebacks & Dispute Liability

  • You are responsible for all chargebacks and associated fees.
  • Desi may debit your bank account or withhold future settlements to recover losses.

6. Prohibited Business Activities

        You may not process transactions for:

  • Firearms, vape/tobacco, adult content, gambling, escort services
  • Pharmaceuticals/supplements requiring certification
  • Cryptocurrency exchange
  • Any business classified as high-risk by card brands

         Merchant attestation required (see Section G).

7. PCI DSS & Data Security

        You must:

  • Maintain PCI compliance
  • Never store cardholder data beyond permitted tokenization methods
  • Report any breach within 24 hours

        Desi, Processor, or Acquirer may audit for compliance.

8. Compliance with Laws & Rules

        You must comply with:

  • Visa, Mastercard, Amex, and Discover regulations
  • U.S. federal and state laws
  • OFAC sanctions
  • Anti-money laundering (AML) and KYC rules

9. Termination

        Desi may suspend or terminate immediately if:

  • Compliance failures occur
  • Excessive disputes or fraud arise
  • Risk levels shift
  • Business intent is misrepresented

        Outstanding obligations remain enforceable.

10. Limitation of Liability

  • No indirect, incidental, special, or punitive damages.
  • Total liability limited to the fees paid to Desi in the prior 3 months.

11. Indemnification

You agree to indemnify and hold harmless Desi and its Processing Partners from claims arising from your actions, disputes, or rule violations.

12. Governing Law

  • New York State laws apply.
  • Venue: Kings County, NY.

        This Agreement becomes effective when you complete onboarding and begin processing.

B. Click-Accept Terms (Website + App Use)

By onboarding and processing payments with Desi Payments, you acknowledge and agree to the Sub-Merchant Agreement, Fee Schedule, Reserve Policy, and all card brand rules.

Displayed during signup and stored as an electronic consent record.

C . Reserve & Funding Rights Policy

Desi may:

  • Require rolling reserves
  • Delay funding
  • Reverse payouts
  • Offset losses from future deposits

Triggered by:

  • Chargeback spikes
  • Suspicious or high-velocity transaction changes
  • Processor/Acquirer directive

Funds may be held up to 180 days post-termination per card brand rules.

D. PCI + Data Security Addendum

    • Maintain PCI compliance at all times
  • Quarterly scans and annual SAQ required if handling card data
  • No storage of track data, CVV2, or magnetic stripe data
  • Breach reporting to Desi within 24 hours

 

E. Card Brand Rules Rider

You agree to:

    • Clearly identify your business to customers
  • Provide refunds per business policies
  • Not surcharge without compliance
  • Avoid laundering and misrepresentation
  • Comply with Visa/Mastercard acceptance rules
  • Cooperate with any disputes and investigations

F. Prohibited Merchant Attestation

You affirm your goods/services do not include:

  • High-risk commerce
  • Illegal or controlled goods
  • Any products requiring additional licensing not disclosed

Material misrepresentation = immediate termination.

 

G. Bank & Processor Rights Rider

The Acquirer may:

  • Inspect books
  • Halt funding
  • Demand reserves
  • Terminate merchant participation

H. Acceptance of Terms

By signing the Terms of Service Agreement provided by Desi Payments, or by clicking on the confirmation link sent during onboarding, you acknowledge and agree to be bound by:

  • This Terms of Service Agreement
  • The Fee Schedule Addendum
  • The Reserve & Funding Rights Policy
  • Applicable PCI DSS and card brand rules

Your acceptance creates a binding legal agreement between you (“Sub-Merchant”) and Desi Payments.

Electronic acceptance (via confirmation link) or electronic signature carries the same legal effect as a handwritten signature.