Terms & Conditions

1. Definitions

In these Terms and Conditions:

• "We", "Us", "Our", "Payfield" refers to Payfield Ltd
• "You", "Your", "Client" refers to the individual or entity using our services
• "Services" refers to our CRM platform, payment processing services, and pay by bank solutions
• "Open Banking" refers to the secure API technology that enables bank-to-bank payments
• "Agreement" refers to these Terms and Conditions
• "Customer Data" refers to data provided by you or collected through your use of our Services

2. Service Description

2.1 CRM Services

Payfield provides customer relationship management software designed to help businesses manage customer interactions, sales pipelines, and business processes.

2.2 Payment Processing

We offer payment processing services including pay by bank solutions utilizing Open Banking API technology, enabling secure, direct bank-to-bank transfers.

2.3 Service Availability

We strive to maintain 99.5% uptime but do not guarantee uninterrupted service. Scheduled maintenance will be communicated in advance where possible.

3. Account Registration and Use

3.1 Eligibility

You must be at least 18 years old and legally capable of entering into binding contracts to use our Services.

3.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access

3.3 Accurate Information

You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate and current.

4. Payment Terms

4.1 Fees and Charges

You agree to pay all applicable fees as outlined in your service plan. Fees are subject to change with 30 days' notice.

4.2 Payment Processing

When using our payment processing services:

• Transaction fees apply as per your agreed pricing schedule
• Settlements are processed according to the agreed timeline
• You authorize us to debit your nominated account for applicable fees

4.3 Open Banking Payments

Pay by bank transactions are subject to:

• Your bank's terms and conditions
• Open Banking regulatory requirements
• Successful authentication through your banking provider

4.4 Refunds and Disputes

Refund requests must be submitted within 30 days of the transaction. Disputes are handled in accordance with applicable payment scheme rules.

5. Data Protection and Privacy

5.1 GDPR Compliance

As an ICO-registered company, we process personal data in accordance with the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018.

5.2 Data Processing

We act as a Data Processor for customer data you input into our CRM system. You remain the Data Controller and are responsible for:

• Ensuring lawful processing of personal data
• Obtaining necessary consents
• Complying with data subject rights requests

5.3 Security Measures

We implement appropriate technical and organizational measures to protect your data, including encryption, access controls, and regular security audits.

5.4 Data Retention

We retain data in accordance with our Privacy Policy and applicable legal requirements. You may request data deletion subject to our legal obligations.

6. Open Banking Compliance

6.1 Regulatory Compliance

Our Open Banking services comply with the Payment Services Regulations 2017 and relevant FCA requirements.

6.2 Third-Party Banking Providers

We work with authorized Account Information Service Providers (AISPs) and Payment Initiation Service Providers (PISPs). We are not responsible for the actions or services of your banking provider.

6.3 Customer Authorization

You authorize us to access payment account information and initiate payments on your behalf when using pay by bank services.

7. Intellectual Property

7.1 Ownership

All intellectual property rights in the Services, including software, designs, trademarks, and content, belong to Payfield Ltd or our licensors.

7.2 License

We grant you a limited, non-exclusive, non-transferable license to use our Services in accordance with these Terms.

7.3 Customer Data

You retain all rights to your Customer Data. You grant us a license to use, store, and process your data solely to provide the Services.

8. Acceptable Use

8.1 Prohibited Activities

You agree not to:

• Use the Services for illegal activities or fraudulent purposes
• Attempt to gain unauthorized access to our systems
• Transmit viruses, malware, or harmful code
• Interfere with other users' access to the Services
• Reverse engineer or decompile our software
• Use the Services to process prohibited transactions (e.g., illegal gambling, adult content)

8.2 Consequences of Violation

Violation of acceptable use policies may result in immediate suspension or termination of your account and services.

9. Limitation of Liability

9.1 Service Provision

Our Services are provided "as is" without warranties of any kind, whether express or implied.

9.2 Liability Cap

To the maximum extent permitted by law, our total liability for any claims arising from these Terms or the Services shall not exceed the fees paid by you in the 12 months preceding the claim.

9.3 Exclusions

We are not liable for:

• Indirect, incidental, or consequential damages
• Loss of profits, data, or business opportunities
• Third-party actions, including banking provider failures
• Force majeure events beyond our reasonable control

9.4 Nothing in Exclusion

Nothing in these Terms excludes or limits our liability for death or personal injury caused by negligence, fraud, or any liability that cannot be excluded by law.

10. Indemnification

You agree to indemnify and hold harmless Payfield Ltd, its directors, officers, and employees from any claims, damages, losses, or expenses arising from:

• Your breach of these Terms
• Your violation of any laws or regulations
• Your use of the Services
• Infringement of third-party rights

11. Term and Termination

11.1 Term

This Agreement commences when you first access our Services and continues until terminated by either party.

11.2 Termination by You

You may terminate your account at any time by providing 30 days' written notice. Fees paid are non-refundable except as required by law.

11.3 Termination by Us

We may suspend or terminate your access immediately if:

• You breach these Terms
• You fail to pay fees when due
• We are required to do so by law or regulatory authority
• Continuing to provide Services poses a risk to us or other users

11.4 Effect of Termination

Upon termination:

• Your access to the Services will cease
• Outstanding fees become immediately due
• You must cease using our intellectual property
• We will retain data as required by law

12. Confidentiality

Both parties agree to keep confidential any proprietary or confidential information received from the other party, except as required by law or with prior written consent.

13. Changes to Terms

We reserve the right to modify these Terms at any time. Material changes will be notified via email or through the Services at least 30 days before taking effect. Continued use after changes constitutes acceptance.

14. Dispute Resolution

14.1 Negotiation

Parties agree to attempt to resolve disputes through good faith negotiation before pursuing formal proceedings.

14.2 Governing Law

These Terms are governed by the laws of England and Wales.

14.3 Jurisdiction

The courts of England and Wales shall have exclusive jurisdiction over any disputes arising from these Terms.

15. General Provisions

15.1 Entire Agreement

These Terms constitute the entire agreement between you and Payfield Ltd regarding the Services.

15.2 Severability

If any provision is found to be unenforceable, the remaining provisions shall remain in full effect.

15.3 Waiver

Failure to enforce any right or provision does not constitute a waiver of that right or provision.

15.4 Assignment

You may not assign these Terms without our written consent. We may assign our rights and obligations without restriction.

15.5 Force Majeure

Neither party shall be liable for failure to perform obligations due to circumstances beyond reasonable control.

16. Contact Information

For questions about these Terms or our Services, please contact us at:

17. Complaints Procedure

If you have a complaint about our Services:

1. Contact our customer support team in writing
2. We will acknowledge your complaint within 5 business days
3. We will investigate and respond within 15 business days
4. If you remain dissatisfied, you may escalate to relevant regulatory authorities