ATOA PAYMENTS EUROPE LIMITED
Version 1.0 | Effective date: October 20, 2026 | Applies to merchants in Ireland and, where agreed, the EEA
Important – please read. Atoa Payments Europe Limited ("Atoa") is a technology and equipment provider. Atoa is not a bank, payment institution or electronic money institution and is not authorised or regulated by the Central Bank of Ireland or any other financial services regulator. Atoa does not provide payment services and does not at any time receive, hold or control your funds.
Card acquiring, authorisation, clearing and settlement services are provided by Rapyd Europe hf. (company no. 500683-0589, Dalshraun 3, 220 Hafnarfjörður, Iceland), which is authorised by the Central Bank of Iceland as an electronic money institution and provides its services in Ireland on a cross-border basis, under a separate Merchant Agreement between you and Rapyd. Settlement of your card transactions is paid by Rapyd directly to your nominated bank account.
1. About these Terms
1.1 These Merchant Terms of Service ("Terms") form a legally binding agreement between Atoa Payments Europe Limited, a private company limited by shares incorporated and registered in Ireland with company number 827155, whose registered office is at Venture Hub, 136 Capel Street, Dublin, D01 T2C9, Ireland ("Atoa", "we", "us" or "our") and the business that accepts them ("Merchant", "you" or "your").
1.2 Our agreement with you (the "Agreement") consists of: (a) any Order Form you sign; (b) these Terms, including the Schedules; (c) our Fee Schedule; and (d) Acquirer’s Acceptable Use and Prohibited Businesses Policy. If there is a conflict, the documents apply in that order of priority. Our Privacy Policy and Cookie Policy explain how we use personal data and are provided for information.
1.3 You accept these Terms by signing an Order Form, by clicking to accept them in our onboarding flow, Dashboard or App, or by using the Services. The individual accepting these Terms on your behalf confirms that they are authorised to bind you.
1.4 Business use only. You confirm that you are entering into this Agreement in the course of your business and not as a consumer. Legislation that protects consumers (including the Consumer Rights Act 2022) does not apply to this Agreement, and you have no statutory right to cancel or withdraw from it.
2. Definitions
In these Terms:
| Term | Meaning |
|---|---|
| Acquirer | Rapyd Europe hf., or any other licensed acquirer or payment service provider we nominate under clause 4.6, which provides card acquiring and settlement services to you. |
| Acquirer Fees | Transaction fees and other charges for card acquiring, including interchange and Card Scheme fees, charged by the Acquirer under the Merchant Agreement. |
| Merchant Agreement | the agreement between you and the Acquirer for card acquiring services, including the Acquirer’s general terms, product terms, acquiring guidelines, prohibited and restricted list and any Card Scheme terms incorporated into it. |
| Applicable Law | all laws and regulations that apply to a party or to the Services, including the laws of Ireland and directly applicable EU law. |
| Business Day | a day other than a Saturday, Sunday or public holiday in Ireland. |
| Card Scheme | Visa, Mastercard, American Express or any other card scheme supported through the Services; "Card Scheme Rules" means their rules and requirements. |
| Customer | any person who pays you, or attempts to pay you, using the Services. |
| Dashboard and App | the Atoa web dashboard and the Atoa mobile application made available to you. |
| Equipment | card terminals, card readers, SIM cards, chargers, stands and accessories that we supply to you. |
| Fees | our fees for the Services set out in your Order Form and the Fee Schedule. Fees do not include Acquirer Fees. |
| Payment Link | a link or QR code generated through the Services and sent to a Customer by SMS, email or another channel so that the Customer can pay you by card. |
| Services | the services described in clause 4.1 and in your Order Form. |
| Transaction | a card payment (or refund) submitted through the Services. |
3. Eligibility and onboarding
3.1 The Services are available only to limited companies (including designated activity companies and companies limited by guarantee) incorporated and established in Ireland. At our discretion, and subject to the Acquirer’s approval and any additional terms, we may make the Services available to limited liability companies established in other member states of the European Economic Area ("EEA").
3.2 The Services are not available to consumers, sole traders, partnerships or unincorporated bodies, or to any business that carries on an activity listed in our Acceptable Use and Prohibited Businesses Policy or the Acquirer’s prohibited and restricted list.
3.3 You must provide all information and documents the Acquirer requires to verify your company, its directors, beneficial owners and authorised signatories, its business activities and its settlement bank account. We collect this information and carry out the checks the Acquirer instructs, on the Acquirer’s behalf and in line with its instructions, and pass the information and results to the Acquirer. The Acquirer is responsible for customer due diligence and decides whether it is satisfied. You consent to us or the Acquirer visiting or inspecting your business premises where the Card Scheme Rules require it.
3.4 The Acquirer decides whether to approve you for card acquiring, and on what conditions. We may refuse to provide the Services to any applicant without giving reasons.
3.5 You must tell us in writing at least five (5) Business Days before any change to your legal name, ownership or control, directors, beneficial owners, registered or trading address, settlement bank account or the nature of your business, and promptly provide any information we or the Acquirer request about the change.
4. Our role and the role of the Acquirer
4.1 Subject to this Agreement, we will provide you with:
(a) Equipment – the rental (or, where your Order Form says so, the sale) of card terminals accredited by the Acquirer, together with delivery, set-up and ongoing servicing;
(b) Payment Links – the ability to create and send Payment Links to your Customers by SMS, email and other channels;
(c) Dashboard and App – access to the Dashboard and App to view Transactions, reporting and settlement information, manage users and Equipment, issue refunds and send Payment Links;
(d) Support – onboarding assistance and first-line customer and technical support; and
(e) any other services described in your Order Form (together, the "Services").
4.2 Card acquiring is provided by the Acquirer. To accept card payments you must enter into a Merchant Agreement with the Acquirer. The Acquirer is solely responsible for the authorisation, clearing and settlement of Transactions, for chargebacks and disputes, for any reserve, collateral or withholding of settlement, and for complying with the payment services laws that apply to those services. Your rights and obligations in respect of those matters are set out in the Merchant Agreement.
4.3We never hold your money. We do not provide payment services and do not at any time enter into possession of funds paid by your Customers. All settlement is made by the Acquirer directly to your nominated bank account. We act as a technical service provider, supplying and maintaining the Equipment, software and data-processing services that support the Acquirer’s services.
4.4Decisions by the Acquirer (including approvals, limits, settlement timings, reserves, suspensions and chargeback outcomes) are outside our control. We will provide you with reasonable assistance, but we are not responsible for those decisions.
4.5 You authorise us to share with the Acquirer information about you, your Equipment, your Transactions and your use of the Services, and you authorise the Acquirer to share with us information about your Transactions, settlements, chargebacks and account status, in each case so that we can provide the Services and so that the Acquirer can provide its services and meet its legal and Card Scheme obligations.
4.6 We may change the Acquirer, or add another Acquirer, for all or part of the Services by giving you at least thirty (30) days’ written notice, or shorter notice if that is reasonable because the Acquirer has stopped, or told us it will stop, providing services to us. Our notice will explain what you need to do to move to the new Acquirer, including any new Merchant Agreement you need to accept.
4.7 We will do what is reasonably needed, at our own cost, to make the move to the new Acquirer as smooth as possible. This includes reconfiguring, re-accrediting or replacing any rented Equipment and migrating your Dashboard and App and your Payment Links. A change of Acquirer does not by itself change our Fees under this Agreement, and your Initial Term, any early termination fee and your other obligations under this Agreement continue.
4.8 You may terminate this Agreement without paying an early termination fee by giving us written notice before the change takes effect, but only if:
(a) the new Acquirer’s transaction fees for card acceptance, taken as a whole, are higher than your current transaction fees, unless the increase only reflects changes to interchange or Card Scheme fees; or
(b) the new Merchant Agreement is otherwise materially less favourable to you than your current Merchant Agreement, for example because it has materially longer settlement times or a new or materially larger reserve, collateral or minimum-volume requirement, and we have not reasonably mitigated the difference within fourteen (14) days of you telling us about it in writing.
4.9 If you do not accept the new Merchant Agreement, or do not complete any onboarding the new Acquirer reasonably requires, before the change takes effect, and clause 4.8 does not apply, we may suspend the card acceptance services. If you still have not moved after a further thirty (30) days, we may terminate this Agreement and you must pay the early termination fee under clause 15.3. If the new Acquirer refuses to onboard you for reasons other than your breach of this Agreement or of Applicable Law, either of us may terminate this Agreement without an early termination fee.
4.10 If your Merchant Agreement ends or is suspended for any reason, we may suspend or terminate the Services that depend on it with immediate effect. Where it ends because of a change of Acquirer under clause 4.6, clauses 4.8 and 4.9 apply instead.
5. Equipment
5.1Ownership. Unless your Order Form states that you are purchasing Equipment, all Equipment is rented to you and remains our property (or the property of our supplier) at all times. You must not sell, sub-let, lend, charge, give security over or otherwise deal with the Equipment without our prior written consent.
5.2 Delivery and risk. Risk of loss, theft and damage to the Equipment passes to you on delivery and remains with you until the Equipment is returned to us. You are responsible for insuring the Equipment against loss, theft and damage while it is in your possession.
5.3 Use and care. You must use the Equipment only to accept Transactions through the Services, in line with our and the Acquirer’s instructions. You must not open, modify, tamper with or install any software on the Equipment. You must regularly inspect the Equipment for signs of tampering or skimming devices and tell us immediately if any Equipment is lost, stolen, damaged or appears to have been tampered with.
5.4 Faults. If rented Equipment develops a fault through ordinary use, we will repair or replace it at no additional charge. We may charge the amounts set out in the Fee Schedule for repair or replacement where Equipment is lost, stolen or damaged other than through fair wear and tear (including through liquid, impact, fire, misuse or tampering).
5.5 Software and remote management. We and the Acquirer may install software updates and manage the Equipment remotely. We may remotely disable Equipment if you breach this Agreement, fail to pay Fees when due, if the Services are suspended or terminated, or if we suspect the Equipment has been compromised.
5.6 SIM cards. Any SIM card we supply remains our property and may only be used to transmit data for the Services.
5.7 Return. You must return rented Equipment within fourteen (14) days of termination of this Agreement (or of our request, where we replace the Equipment) using the return method we provide, in good condition, fair wear and tear excepted. If you do not, we may charge the non-return fee set out in the Fee Schedule for each item not returned.
5.8 Purchased Equipment. Where you purchase Equipment, ownership passes to you when we have received payment in full. We warrant that purchased Equipment will be free from material manufacturing defects for twelve (12) months from delivery. Your sole remedy under this warranty is repair or replacement. The warranty does not cover batteries, cables and accessories, fair wear and tear, or damage caused by misuse, accident, liquid, tampering or unauthorised repair.
6. Payment Links
6.1 You are responsible for the content of every Payment Link you create, including the amount, description, recipient and any message sent with it, and for ensuring that you have the right to contact the recipient. Payment Links must be used only to request payment for genuine goods or services you supply, and not to send marketing messages.
6.2 Transactions made using Payment Links are card-not-present transactions. They carry a higher risk of fraud and chargebacks, are subject to strong customer authentication by the Acquirer where required by law, and your liability for chargebacks on them is governed by the Merchant Agreement.
6.3 Payment Links may expire after a period we set. We may disable any Payment Link that we reasonably suspect is being used fraudulently or in breach of this Agreement.
6.4 We are not responsible for losses caused by third parties who impersonate you, copy, alter or overlay your Payment Links or QR codes, or send fraudulent messages to your Customers, except to the extent caused by our breach of this Agreement.
7. Dashboard and App
7.1 We grant you a non-exclusive, non-transferable, non-sublicensable and revocable licence during the term of this Agreement to use the Dashboard and App for your internal business purposes in accordance with this Agreement.
7.2 You are responsible for your authorised users and for all activity carried out through your account. You must keep login credentials confidential, use any multi-factor authentication we make available, promptly remove access for users who leave your business, and tell us immediately if you suspect unauthorised access.
7.3 Transaction and settlement information shown in the Dashboard and App is provided by the Acquirer and is for information. If it differs from the Acquirer’s records or statements, the Acquirer’s records will prevail.
7.4 We will use commercially reasonable efforts to keep the Dashboard and App available, but we do not guarantee uninterrupted or error-free availability. We may carry out planned maintenance, and will try to give advance notice where it is likely to cause significant disruption. We are not responsible for the unavailability of systems we do not control, including those of the Acquirer, the Card Schemes, mobile networks, app stores or your internet provider.
7.5 Except to the extent permitted by Applicable Law, you must not copy, modify, reverse engineer, decompile or create derivative works of the Dashboard, App or Equipment software; access them by automated means except through an API we provide; introduce malicious code; or make them available to any third party.
7.6 If you connect third-party software (such as point-of-sale, accounting or booking systems) to the Services, you are responsible for that software and its terms. We do not guarantee any third-party integration. Subject to clause 14.3, we have no liability for any loss arising from them, including loss of earnings, revenue, profit or data, or failed Transactions.
8. Your obligations
8.1 You must comply with Applicable Law (including consumer protection, data protection, anti-money laundering, sanctions and tax law), the Card Scheme Rules and the Merchant Agreement.
8.2 You must only submit Transactions for genuine sales of your own goods or services to your Customers. You must not: process payments on behalf of any other business or person; split a single sale into several Transactions; use the Services to provide cash or cash equivalents; or refund a Transaction to a card other than the one used to pay.
8.3 You must not use the Services for any business or activity prohibited by the Acquirer, or for any illegal, fraudulent or deceptive purpose.
8.4 Card data security. You must comply with the Payment Card Industry Data Security Standard ("PCI DSS") as it applies to you, complete any self-assessment questionnaire or attestation requested by us or the Acquirer, and must never store full card numbers, card security codes or PIN data. You must notify us within twenty-four (24) hours of becoming aware of any actual or suspected compromise of card data.
8.5 You must display the acceptance marks of the Card Schemes you accept and clearly tell Customers, before they pay, which cards you accept.
8.6 You are solely responsible for the goods and services you sell, your refund and returns policy and handling your Customers’ queries and complaints.
8.7 You must give us and the Acquirer any information we reasonably request in connection with fraud, chargebacks, risk reviews or requests from authorities, within three (3) Business Days of the request or any shorter time required by the Card Schemes.
8.8 You must not state or imply that we or the Acquirer endorse your business, goods or services.
9. Optional services, including surcharging
9A We may introduce additional services (“New Services”), which may include account-to-account (“Pay by Bank”) payments or other payment methods. Any new payment services will be provided by a third-party provider authorised to provide them in your jurisdiction. We may provide technical services to support access to or use of these services, but we do not provide regulated payment services ourselves. A New Service will only be made available where you have accepted the applicable product terms and any agreement with the relevant provider. These Terms apply to New Services, subject to those product terms, which prevail for that service. Clause 16 does not apply to the introduction of a New Service you choose to use.
9.1 We may from time to time make optional services available, including a feature that allows you to apply a surcharge to certain card Transactions (the "Surcharging Service"). We are not obliged to offer any optional service, and the Surcharging Service is not available at the date of these Terms.
9.2 If we make the Surcharging Service available, you may only use it if: (a) you expressly opt in through the Dashboard or in writing; (b) you accept any additional terms we specify; and (c) your use has been approved by the Acquirer. We may refuse or impose conditions on your use of the Surcharging Service for commercial or technical reasons, or where the Acquirer instructs us to.
9.3 Irish law does not allow a merchant to charge a surcharge for payments made with cards whose interchange fees are regulated under Chapter II of Regulation (EU) 2015/751, which includes most consumer debit and credit cards issued in the EEA (Regulation 86 of the European Union (Payment Services) Regulations 2018). Accordingly, you may only apply a surcharge where it is permitted by Applicable Law, the Card Scheme Rules and the Merchant Agreement. Any surcharge must not exceed the direct cost to you of accepting the relevant card, and must be clearly disclosed to the Customer before the Transaction is completed.
9.4 The Surcharging Service is a technical feature only. You remain solely responsible for deciding whether, when and how much to surcharge, and for ensuring that each surcharge is lawful. Our approval or configuration of the Surcharging Service is not legal advice.
9.5 We may suspend or withdraw the Surcharging Service, in whole or for you, at any time on notice, or immediately where required by Applicable Law, a Card Scheme, the Acquirer, or following a change in law.
10. Fees and payment
10.1 You must pay our Fees for the Services (such as subscription, Equipment rental, set-up and add-on fees). Acquirer Fees are set and charged by the Acquirer under the Merchant Agreement, not by us, and may be quoted on an interchange-plus-plus or blended basis.
10.1A Card transaction fees. Acquirer Fees shown in your Order Form are quoted on the basis of pricing agreed with the Acquirer and are charged by the Acquirer under the Merchant Agreement. Despite clause 1.2, if they differ, the Merchant Agreement applies and we will update your Order Form to match. If the Acquirer Fees charged are higher than quoted, and the difference isn’t caused by interchange or Card Scheme changes, inaccurate information you gave us, or changes to your business, you may terminate within thirty (30) days of our notice without paying an early termination fee. This is your only remedy for the difference.
10.2 All Fees are stated in euro and exclude VAT and other taxes, which you must pay in addition.
10.3 Acquirer fees are deducted by the Acquirer from your settlements. Our other Fees will, as stated in your Order Form, either be deducted from your settlements by the Acquirer on our behalf, or invoiced monthly in arrears and collected by SEPA Direct Debit fourteen (14) days after the invoice date. You must maintain a valid SEPA Direct Debit mandate where we request one.
10.4 If you dispute an invoice, you must tell us within sixty (60) days of the invoice date, giving reasons, and pay any undisputed amount when due. Otherwise, the invoice will be treated as accepted.
10.5 If you do not pay an amount when due, we may charge interest and compensation for recovery costs in accordance with the European Communities (Late Payment in Commercial Transactions) Regulations 2012, and, after giving you at least fourteen (14) days’ notice, suspend the Services until payment is made.
10.6 You must reimburse us for any fines, assessments or charges imposed on us by the Acquirer or a Card Scheme that result from your Transactions, your breach of this Agreement or your failure to comply with PCI DSS, together with any administration fee set out in the Fee Schedule.
10.7 We may change our Fees by giving you at least thirty (30) days’ written notice, and you may terminate this Agreement without charge before the change takes effect. In addition, once in each twelve (12) month period we may increase our Fees by up to the greater of (a) the annual percentage change in the Harmonised Index of Consumer Prices for Ireland published by the Central Statistics Office plus 3%, and (b) 5%, on at least thirty (30) days’ notice. Acquirer Fees are set and changed by the Acquirer under the Merchant Agreement, and this clause 10.7 does not apply to them. An increase under this paragraph does not give you a right to terminate this Agreement under this clause 10.7 or otherwise without paying an early termination fee.
10.8 We may set off any amount you owe us under this Agreement against any amount we owe you.
11. Suspension
11.1 We may suspend all or part of the Services (including disabling Equipment or Payment Links or restricting Dashboard access) with immediate effect, giving notice where we are lawfully able to, if:
(a) the Acquirer instructs us to, including where it suspects fraud, money laundering, terrorist financing, sanctions breaches or other unlawful activity;
(b)you materially breach this Agreement or the Merchant Agreement;
(c)your chargeback, fraud or complaint levels are, in our or the Acquirer’s reasonable opinion, excessive;
(d)the Acquirer, a Card Scheme, a regulator or a law enforcement authority requires us to;
(e)you have not paid an amount that is overdue (subject to clause 10.5);
(f)we reasonably consider it necessary to protect the security or integrity of the Services; or
(g)you become insolvent or are subject to any of the events described in clause 15.4(b).
11.2 Any reserve, collateral or withholding of settlement is a matter for the Acquirer under the Merchant Agreement.
11.3 The Acquirer is responsible for anti-money laundering, counter-terrorist financing and sanctions compliance for card acquiring. If we become aware of anything that gives rise to a suspicion of money laundering, terrorist financing, sanctions breaches or fraud, we will promptly report it to the Acquirer’s Money Laundering Reporting Officer and act on the Acquirer’s instructions. We may not be able to tell you that we have done so.
12. Data protection and confidentiality
12.1 Each party will comply with the General Data Protection Regulation (EU) 2016/679 ("GDPR"), the Data Protection Acts 1988 to 2018 and the European Communities (Electronic Communications Networks and Services) (Privacy and Electronic Communications) Regulations 2011 when processing personal data in connection with this Agreement.
12.2 We act as an independent controller of personal data relating to you, your directors, beneficial owners, staff and authorised users that we process to onboard you, manage our relationship, provide support, bill you, prevent fraud, comply with law and improve and market our services, as described in our Privacy Policy, except information we collect on the Acquirer’s behalf under clause 3.3, for which the Acquirer is controller. We also act as an independent controller of limited Transaction and technical data about your Customers that we use to detect and prevent fraud, keep the Services secure and improve them. You must make our Privacy Policy available to your directors, beneficial owners, staff and authorised users whose personal data you provide to us.
12.3 Except as set out in clause 12.2, we act as your processor for personal data about your Customers that we process on your behalf through the Services (such as Payment Link recipients’ contact details and Transaction information shown in the Dashboard). Schedule 1 (Data Processing Terms) applies to that processing.
12.4 The Acquirer acts as an independent controller of personal data it processes to provide card acquiring services, in accordance with its own privacy notice.
12.5 You must ensure that you have a lawful basis for, and have given your Customers appropriate information about, the processing of their personal data through the Services. Your privacy notice must tell Customers that we use limited payment data as a separate controller for fraud prevention and security, and link to our Privacy Policy.
12.6 Each party must keep the other’s confidential information confidential and use it only for the purposes of this Agreement, except where disclosure is required by law, a regulator, a Card Scheme or the Acquirer, or is made to professional advisers or group companies bound by equivalent obligations. This clause continues for five (5) years after this Agreement ends.
13. Intellectual property
13.1 We and our licensors own all intellectual property rights in the Services, Dashboard, App, Equipment software, documentation and our trade marks. Nothing in this Agreement transfers those rights to you.
13.2 You grant us a non-exclusive, royalty-free licence during the term to use your name, logo and trade marks to provide the Services (for example, on Payment Link pages and receipts) and, unless you tell us otherwise, to identify you as a customer of Atoa.
13.3 If you give us feedback or suggestions, we may use them freely without obligation to you.
14. Warranties and liability
14.1 You warrant that you are validly incorporated, that you have authority to enter into this Agreement, that all information you give us is complete and accurate, and that your business is lawful.
14.2 We will provide the Services with reasonable skill and care. Except as expressly set out in this Agreement, and to the fullest extent permitted by law, the Services are provided "as is" and all other warranties, conditions and terms, whether express or implied by statute (including the Sale of Goods Act 1893 and the Sale of Goods and Supply of Services Act 1980), common law or otherwise, are excluded.
14.3 Nothing in this Agreement limits or excludes liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, for your obligation to pay Fees, under your indemnities, or for any other liability that cannot be limited or excluded by law.
14.4 Subject to clause 14.3, neither party is liable for any loss of profit, revenue, business, contracts, goodwill, anticipated savings or data, or for any indirect or consequential loss, and we are not liable for any loss arising from the Services being unavailable or from Equipment being out of use.
14.5 Subject to clause 14.3, we are not liable for the acts or omissions of the Acquirer, the Card Schemes, card issuers, mobile network operators or other third parties we do not control, or for any decision made by the Acquirer under the Merchant Agreement.
14.6 Subject to clause 14.3, our total aggregate liability arising out of or in connection with this Agreement, whether in contract, tort (including negligence), breach of statutory duty or otherwise, is limited to the greater of: (a) €500; and (b) the Fees paid by you to Atoa in the three (3) months before the event giving rise to the claim.
15. Indemnity, term and termination
15.1 Indemnity. You will indemnify us against all losses, fines, penalties, costs and reasonable legal fees that we incur as a result of: (a) your breach of this Agreement or the Merchant Agreement; (b) your breach of Applicable Law or the Card Scheme Rules (including in relation to surcharging); (c) any failure by you to comply with PCI DSS; (d) any claim by a Customer or other third party relating to your goods, services or Transactions; or (e) fraud or wilful misconduct by you or your staff.
15.2 Term. This Agreement starts when you accept it and continues for any initial term stated in your Order Form (the "Initial Term"), and after that on a rolling monthly basis until terminated.
15.3 Termination for convenience. After the Initial Term, you may terminate by giving us at least thirty (30) days’ written notice. If you terminate during the Initial Term (other than under clauses 4.8, 4.9, 10.1A, 10.7, 15.4 or 16.1), you must pay the early termination fee set out in your Order Form. We may terminate at any time by giving you at least thirty (30) days’ written notice.
15.4 Immediate termination. Either party may terminate this Agreement immediately by written notice if the other: (a) commits a material breach that is not capable of remedy or is not remedied within fourteen (14) days of notice; or (b) is unable to pay its debts, enters into examinership, receivership, liquidation or any arrangement with creditors, or suffers any equivalent event in any jurisdiction. We may also terminate immediately if your Merchant Agreement ends, if any ground for suspension in clause 11.1(a), (c) or (d) applies, if you undergo a change of control without telling us, or if you do not process any Transactions for twelve (12) consecutive months.
15.5 Effect of termination. On termination: the Services and your licences end; all unpaid Fees become due; you must return the Equipment under clause 5.7; and you may request an export of your Transaction data within thirty (30) days. Your liability for Transactions, chargebacks and refunds continues under the Merchant Agreement after termination. Clauses that by their nature are intended to survive termination will continue to apply.
16. Changes to these Terms
16.1 We may change these Terms by giving you at least thirty (30) days’ notice by email or through the Dashboard. If you do not agree to a change, you may terminate this Agreement without charge before the change takes effect. If you continue to use the Services after that date, you will be treated as having accepted the change.
16.2 We may make changes with shorter or no notice where required by law, a regulator, a Card Scheme or the Acquirer, for security reasons, or where the change is not to your disadvantage.
17. Complaints
17.1 If you have a complaint about our Services, please contact hello@paywithatoa.com. We will acknowledge your complaint within five (5) Business Days and aim to give you a final response within fifteen (15) Business Days. If that is not possible, we will tell you why and respond within thirty-five (35) Business Days.
17.2 Complaints about card acquiring, authorisation, settlement, chargebacks, reserves or the Acquirer’s fees are handled by the Acquirer under its complaints procedure. If you raise such a complaint with us, we will promptly pass it to the Acquirer and tell you that we have done so. The Acquirer’s complaints procedure explains any external dispute resolution scheme available to you.
18. General
18.1 Force majeure. Neither party is liable for any delay or failure to perform caused by events beyond its reasonable control, including failures of the Acquirer, Card Scheme or telecommunications networks, provided it takes reasonable steps to minimise the effect.
18.2 Assignment. You may not assign or transfer this Agreement without our prior written consent. We may assign or transfer this Agreement to a member of our group or to a purchaser of all or part of our business by giving you notice.
18.3 Subcontracting. We may use subcontractors (including our parent company, Atoa Payments Limited and other group companies) to provide the Services, but we remain responsible for them.
18.4 Notices. We may give notices by email to the address in your Order Form or account, or through the Dashboard. You must send notices to hello@paywithatoa.com. Notices of breach or termination should also be sent to our registered office.
18.5 Entire agreement. This Agreement is the entire agreement between us about its subject matter and replaces any earlier agreement or understanding. Nothing in this clause limits liability for fraud.
18.6 Other terms. If any provision is found invalid, the rest of the Agreement continues in force. A delay in exercising a right is not a waiver of it. Nothing in this Agreement creates a partnership, joint venture or (except where we collect onboarding information for the Acquirer under clause 3.3) agency between the parties. No person other than the parties has any right to enforce this Agreement. This Agreement may be accepted and signed electronically and is written in English.
19. Governing law and jurisdiction
19.1 This Agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it are governed by the laws of Ireland.
19.2 Before starting proceedings, the parties will try in good faith to resolve any dispute through discussion between senior representatives for at least thirty (30) days, except where urgent relief is needed. The courts of Ireland have exclusive jurisdiction over any such dispute or claim.
Schedule 1 – Data Processing Terms
This Schedule applies where we process personal data as your processor under clause 12.3. It forms part of the Agreement and is intended to meet the requirements of Article 28 of the GDPR.
| Item | Details |
|---|---|
| Subject matter and duration | Provision of the Services, for the term of the Agreement and any period afterwards during which we hold the data. |
| Nature and purpose | Hosting, storing, transmitting, displaying and deleting data to send Payment Links and receipts, display Transactions and reports in the Dashboard and App, process refunds and provide support. |
| Data subjects | Your Customers and prospective customers. |
| Categories of data | Name, email address, mobile number, Transaction amount, date and reference, masked card details (such as card type and last four digits), receipt and refund information, and any information you include in a Payment Link. |
| Special category data | None. You must not include special category data in Payment Links or descriptions. |
- We will: (a) process the personal data only on your documented instructions, including those in this Agreement, unless required otherwise by EU or member state law (in which case we will tell you, unless the law prohibits it); (b) ensure that people authorised to process the data are bound by confidentiality; (c) implement appropriate technical and organisational security measures under Article 32 GDPR; (d) assist you, taking into account the nature of the processing, in responding to data subject requests and in meeting your obligations under Articles 32 to 36 GDPR; (e) notify you without undue delay, and in any event within forty-eight (48) hours, after becoming aware of a personal data breach affecting the data; (f) at your choice, delete or return the data at the end of the Agreement, unless we are required by law to keep it; and (g) make available the information reasonably necessary to demonstrate compliance with this Schedule, and allow for and contribute to audits (no more than once a year, on reasonable notice and at your cost, unless following a personal data breach); (h) Atoa will tell you immediately if an instruction would breach data protection law.
- Sub-processors. You give general authorisation for us to engage the sub-processors listed at www.paywithatoa.com/ie/subprocessors. We will give you at least thirty (30) days’ notice of any new sub-processor, and you may object on reasonable data protection grounds. If we cannot reasonably address your objection, you may terminate the affected Services without charge. We will impose data protection obligations on each sub-processor equivalent to those in this Schedule and remain liable for their performance.
- International transfers. We will only transfer the personal data outside the EEA where there is an adequacy decision under Article 45 GDPR or appropriate safeguards under Article 46 GDPR (such as the European Commission’s Standard Contractual Clauses) are in place.
Schedule 2 – Summary of prohibited activities
This is a summary only. Our full Acceptable Use and Prohibited Businesses Policy and the Acquirer’s prohibited and restricted list apply and may be updated from time to time. You may not use the Services in connection with:
- illegal goods or services, or goods or services that infringe intellectual property rights (including counterfeit goods);
- unlicensed gambling, lotteries or betting;
- illegal drugs, drug paraphernalia, or unlicensed pharmaceuticals or controlled substances;
- weapons, ammunition or explosives, except where lawfully licensed and approved by the Acquirer;
- adult content or services, except where approved by the Acquirer;
- pyramid or Ponzi schemes, "get rich quick" schemes or other deceptive or high-pressure sales practices;
- money transmission, currency exchange, cryptocurrency, stored value or cash-equivalent products, unless approved by the Acquirer;
- collecting payments for, or on behalf of, any other business or person (including marketplaces), or transaction laundering;
- any person or country subject to EU, UN, UK or US sanctions; or
- any activity that the Acquirer or a Card Scheme prohibits or that we reasonably consider would harm our reputation or that of the Acquirer.
Atoa Payments Europe Limited
Company Number: 827155
Registered office: Venture Hub, 136 Capel Street, Dublin, D01 T2C9, Ireland
Last updated: October 20, 2026