Product Terms - Payment Services
INTRODUCTION
These Product Terms shall apply to each Agreement where the Confirmation Email includes "Payment Services". These Product Terms shall apply to each Agreement where You use Payment Services. With respect to the Membership Terms and Conditions, these Product Terms shall constitute "Terms". Any personal information that You provide to Us, or which we collect about you, will be dealt with in line with Our Trade Privacy Notice (available here) which explains what information We collect and hold about You, and how We collect, store, use and share such information.
Words and Phrases used in these Product Terms shall have the same meaning as set out in the Master Service Terms (available here) unless otherwise set out below: Acquirer means (other than the PSP, defined below) a financial or payments institution that processes Transactions on Your behalf by routing Transactions to and from the Scheme Owners or Issuing Banks, and (ii) Settling to merchants.
Applicable Law means any law, statute, regulation, rule, ordinance, subordinate legislation, and any implementing regulations applicable to the relevant obligation, activity or status of the relevant party or to the provision of the Payments Processing Service in the relevant region that is made or given by any regulatory authority of any national, federal, commonwealth, state provincial, or local jurisdiction.
Acquirer means a (third party) financial or payments institution that processes Transactions on behalf of tradespeople by (i) routing Transactions to and from the Scheme Owners or other relevant financial institutions, and (ii) Settling to tradespeople.
Card means any form of credit card or debit card, virtual or physical, which may be used by a customer to carry out a Transaction.
Chargeback means a Transaction that is successfully charged back at the request of a customer or the card issuer pursuant to the relevant Scheme Rules, resulting in the cancellation of a Transaction for which You have been paid or were due to be paid and an obligation to refund the relevant amount of the Transaction back to the customer.
Fees means those fees more particularly stated here.
Fine means any fine, assessment, uplifted service fee or other additional payment imposed by the Scheme Owners, regulatory or governmental authorities and/or Acquirers.
Payment Details means the information which makes up a Transaction message which is to be submitted to the payment interface to enable processing by the PSP and to perform fraud checks.
Payments Processing Service is the service We make available to tradespeople through a PSP to enable them to receive payment from their customers through an approved electronic payment service provider for services arranged through the Platform.
PCI DSS The security standards for transmitting, processing or storing Card data / payment details required to be observed under the Scheme Rules of Card Scheme Owners (available at www.pcisecuritystandards.org).
PSP means the payments service provider authorised by Us from time to time to provide payments services in connection with your work on jobs arranged through Our Platform.
Refund means a (partial) reversal of a relevant Transaction, where the funds are reimbursed to a customer by the PSP at Your request.
Scheme Owners means the person offering and/or regulating the relevant method of enabling payments by customers.
Scheme Rules means the then applicable collective set of bylaws, rules, operating regulations, requirements, procedures and/or waivers issued by Scheme Owners to be complied with when enabling or using a payment method. Scheme Rules include any additional or deviating rules set by any third party (e.g. a third-party Acquirer or technical service provider) in connection with a payment method.
Settlement means the transmission of funds by the PSP to You or Us that the PSP has received from Acquirers, Scheme Owners and/or card issuers, as applicable, in connection with Transactions at the agreed frequency minus any amounts payable to the PSP or Us (or paid by the PSP on behalf of Us or You). Settle, Settling or Settled will have the corresponding meanings.
Transactions means the processing, in whole or part, of any instruction for authorisation, capture, and or Settlement of customer funds to Us or You via PSP's systems.
User Funds means Settled funds actually received from the relevant third-party Acquirers or Scheme Owners by the PSP for processed Transactions.
PAYMENTS PROCESSING SERVICE
3. We shall make the Payments Processing Service available for your use in accordance with, and subject to, these Product Terms.
4. We shall provide support to you in connection with the Payments Processing Service (as further set out here). The Payments Processing Service itself is provided by a third party provider and, as such, you must enter into and maintain in effect the necessary payment services agreement directly with the PSP for the relevant services. You acknowledge that your entitlement to enter into such an agreement will be subject, amongst other things, to (i) the PSP's onboarding process and their discretionary approval, and (ii) your agreement to their terms and conditions which may be updated from time to time (the "User Agreement"). The current version of the User Agreement is available here. You agree that we may provide your information to the PSP for the purposes of their conduct of their vetting process.
5. You should carefully review the User Agreement and you should only use the Payments Processing Service if you are comfortable with, and understand, and wish to accept, the User Agreement and these Product Terms. Otherwise, you should not use the Payment Services.
6. The PSP will provide its payments processing services to you on the terms of User Agreement.
7. We will set up and manage settings on the PSP's system for the purposes of (i) making available the Payments Processing Services, (ii) obtaining reporting data to provide to You, (iii) accessing Transaction level data for the purpose of being able to provide support at that level, and (iv) to change settings on your behalf (e.g. in relation to fraud control).
8. The PSP shall pay out available funds two (2) days following receipt on account (as recorded on the PSP's ledger for your account) on the basis of a daily payment trigger set by CAT).
9. You grant Us the right to instruct the PSP to withhold Our Fees from the User Funds.
10. We, and/or the PSP, may use Transaction data (including by monitoring your use of the PSP's services) for the purposes of providing insights, optimising payment performance and improving the PSP's and Our products and services, including fraud prevention and risk assessments.
11. We, or our nominees, shall be entitled to audit your use of the Payments Processing Service. We will provide at least ten business days' written notice of each such audit. Such audits shall be limited to only such information, materials, systems and personnel as a reasonably necessary to verify Your compliance with the terms of these Product Terms.
12. The provision of our support shall be your sole and exclusive remedy in relation to our making available of the Payments Processing Service.
13. Where we permit you are authorised to use the software point of sale ("SoftPOS") payment services offered through the PSP's platform allowing you to process contactless in-person payments on eligible mobile devices ("SoftPOS Services") the following terms shall apply:
13.1 you agree that the third party SoftPOS providers (the "SoftPOS Providers") may change technical characteristics, legal terms and conditions, and/or the acceptance criteria under which SoftPOS Services are made available to you via our PSP. If you disagree with any such change(s), you should discontinue your use of the SoftPOS Services;
13.2 you acknowledge that SoftPOS Providers may, in their sole discretion, suspend or discontinue the SoftPOS Services (or require the PSP to do the same) with or without cause. You acknowledge that such acts are solely within the control of the SoftPOS Providers and as a result, you agree to hold us and the PSP harmless from any claims or actions for damages arising therefrom;
13.3 you acknowledge that we may disable the SoftPOS Services at any time at our sole discretion;
13.4 you acknowledge that, in rendering the SoftPOS Services, SoftPOS providers shall be considered Scheme Owners and, as such, any obligations you owe to Scheme Owners pursuant to this agreement and your agreement with the PSP shall apply equally to the relevant SoftPOS Provider. You specifically agree that any reference to fees and/or fines in this agreement and your agreement with the PSP shall be understood to include any fees and/or fines issued by the relevant SoftPOS Provider in connection with your use of the SoftPOS Services; and
13.5 you accept any applicable terms of use established by the relevant SoftPOS Providers, as amended from time to time, and made available to you by us, the SoftPOS Provider or the PSP. Similarly, any usage guidelines required by SoftPOS Providers, whether shared directly, by the PSP or by the SoftPOS Provider shall be considered Scheme Rules and construed as such. You acknowledge and accept that we or the PSP may be required to enforce the Scheme Rules on behalf of SoftPOS Providers from time to time.
YOUR RESPONSIBILITIES
14. You shall:
14.1 comply with (i) the terms of the User Agreement, (ii) Applicable Law, and (iii) Scheme Rules;
14.2 ensure the full security of customer payment data as handled by You. You must implement adequate technical and security measures to ensure the compliance of Your systems with Applicable Law and, as applicable, PCI DSS requirements;
14.3 comply with the relevant PCI DSS requirements from Scheme Owners with respect to Your handling of cardholder data and the use of the payment interface. You shall not copy, capture or intercept any restricted Payment Details that are entered on the chosen payment interface or device unless you have the required PCI DSS certification to do so;
14.4 only use the Payments Processing Services to enable payments by customers to You for completed work and otherwise as expressly permitted by these Product Terms and will specifically not do, or permit, any actions to be performed, which are detrimental to the security or performance of the Payments Processing Services without Our prior written consent;
14.5 ensure that all your instructions to the PSP are correct; 14.6 submit any and all payment details (and any other information) that We or the PSP reasonably deem necessary and request from You in relation to any Transaction, including those details necessary to perform fraud checks and to comply with Applicable Law; and
14.7 be responsible to Us to the extent that We incur the PSPs charges in respect of Chargebacks, Refunds, and (if applicable, Fines) in connection with Transactions processed for You.
15. You will not use the Payments Processing Service to obtain payment for products or services that are not compliant with Applicable Law or which are prohibited or restricted by the PSP.
16. You acknowledge that:
16.1 certain processes around payment transactions, including (without limitation) authentication, authorisation, acquiring, clearing and Settlement of transaction amounts are controlled by and are the responsibility of third parties (other than Us or the PSP);
16.2 we are not responsible for services provided by third parties and do not control services provided by third party Acquirers, issuing banks and Scheme Owners;
16.3 we or the PSP may decide to stop supporting any payment method, currency or to make its support of the same conditional on further conditions or fees; and
16.4 We or the PSP may change or amend the software and payment interface at any time. If You are significantly impacted by a material reduction of functionality following any change or amendment, you may terminate these Product Terms by providing written notice to Us within one month of the change or amendment.
17. You are fully responsible and will indemnify Us for third party claims (including any from the PSP), fines (expressly including any Fines imposed by the Scheme Owners or by regulatory authorities on the PSP or Us as a result of such non-compliance) and costs (including legal fees) caused by (i) any non-compliance by You with Applicable Law or Scheme Rules, (ii) Your breach of the terms of these Product Terms and/or Agreement, and (iii) Your breach of the User Agreement.
18. You shall maintain a copy of all electronic and other records relating to Transactions for the longer of two years and the relevant period required by Applicable Law and the Scheme Rules.
19. You shall comply with our guidance, including with respect to the management of complaints and disputes, refunds and chargebacks (as set out here).
PAYMENT
20. We shall be entitled to instruct the PSP to withhold Our Fees from the User Funds.
TERMINATION
21. We shall be entitled to discontinue your use of and/or our provision of the Payments Processing Service to You on written notice (which may include email) to you at any time.
22. You shall be entitled to discontinue your receipt of the Payments Processing Service by Us on written notice (by email to contact@checkatrade.com). You acknowledge that you are responsible for your relationship with the PSP.
23. Any termination of these Product Terms shall be without prejudice to the accrued rights of either Your or Us.
VERSION
24. These Product Terms were last updated on 19th March 2025.