Terms of Service

Last Updated: January 16, 2026 | Effective Date: January 16, 2026

1. Agreement to Terms

Welcome to With It Payments. These Terms of Service ("Terms") govern your access to and use of the With It Payments website located at withitpayments.com (the "Site"), our credit card processing and terminal services (the "Services"), and any SMS/text messaging services we provide.

By accessing or using our Site or Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Site or Services.

Company Information:
With It Payments
2480 Hwy 6&50, Unit 4
Fruita, CO 81521
Email: info@withitpayments.com
Phone: (970) 555-1234

2. Description of Services

With It Payments provides credit card processing solutions and payment terminal equipment to businesses in Grand Junction, Fruita, and the Western Slope of Colorado. Our services include:

  • Merchant account setup and credit card processing services
  • Payment terminal sales, leasing, and support (including Dejavoo, PAX, Verifone, Ingenico, and Clover terminals)
  • Payment gateway integration services
  • Customer support and technical assistance
  • SMS/text message notifications (with consent)

Additional terms may apply to specific services. Payment processing services are subject to approval by our partner payment processors and are governed by separate merchant agreements.

3. Eligibility

To use our Services, you must:

  • Be at least 18 years of age
  • Have the legal authority to enter into binding contracts
  • Operate a legitimate business
  • Not be prohibited from receiving services under applicable law
  • Provide accurate and complete information during the application process

4. User Responsibilities

You agree to:

  • Provide accurate, current, and complete information
  • Maintain the confidentiality of any account credentials
  • Use our Services only for lawful business purposes
  • Comply with all applicable laws, including payment card industry (PCI) requirements
  • Not engage in fraudulent or deceptive practices
  • Promptly notify us of any unauthorized use of your account

5. SMS/Text Messaging Terms and Conditions

This section describes the terms for our SMS/text messaging services, which comply with the Telephone Consumer Protection Act (TCPA), CTIA guidelines, and carrier requirements including A2P 10DLC registration standards.

5.1 Consent to Receive Messages

By providing your mobile phone number and opting in to receive text messages from With It Payments, you expressly consent to receive recurring automated marketing and informational text messages from us at the phone number you provided. Your consent is not a condition of purchase.

5.2 Message Types and Frequency

Messages may include:

  • Appointment reminders and confirmations
  • Service updates and notifications
  • Promotional offers and marketing messages
  • Account-related alerts
  • Customer support communications

Message frequency varies. You may receive up to 10 messages per month, depending on your interactions with us and your preferences.

5.3 Message and Data Rates

Message and data rates may apply. Standard messaging rates from your wireless carrier may apply to messages you send or receive. Check with your mobile carrier for details about your plan.

5.4 How to Opt-Out

You may opt out of receiving text messages at any time by:

After you send STOP, we will send you a one-time confirmation message acknowledging your opt-out request. You will receive no further messages unless you opt in again. We honor all opt-out requests within 10 days as required by FCC regulations effective April 11, 2025.

5.5 How to Get Help

For help or more information about our SMS program, reply HELP to any message or contact us at:

5.6 Carrier Disclaimer

Carriers are not liable for delayed or undelivered messages. Message delivery is subject to effective transmission from your mobile carrier.

5.7 Supported Carriers

Our SMS services are compatible with major U.S. carriers including AT&T, Verizon, T-Mobile, Sprint, and most regional carriers. Carrier participation may change without notice.

5.8 Privacy

Your mobile number and opt-in consent are used solely to send you messages as described herein. We do not sell, rent, or share your mobile phone number with third parties for their marketing purposes. For complete details on how we handle your information, please review our Privacy Policy.

8. Intellectual Property

All content on this Site, including text, graphics, logos, images, and software, is the property of With It Payments or our licensors and is protected by copyright, trademark, and other intellectual property laws.

You may not reproduce, distribute, modify, or create derivative works from any content without our express written permission. Terminal brand names (Dejavoo, PAX, Verifone, Ingenico, Clover) are trademarks of their respective owners.

9. Prohibited Uses

You agree not to use our Site or Services to:

  • Violate any applicable laws or regulations
  • Process payments for illegal goods or services
  • Engage in money laundering or terrorist financing
  • Transmit viruses, malware, or other harmful code
  • Attempt to gain unauthorized access to our systems
  • Interfere with the proper functioning of our Site or Services
  • Harass, abuse, or harm others
  • Send unsolicited messages or spam
  • Misrepresent your identity or affiliation

6. Payment Processing Terms

This section governs the use of payment processing services, including point-of-sale (POS) systems, payment gateways, and online payment acceptance. These terms comply with Payment Card Industry (PCI) requirements and payment network rules.

6.1 Payment Gateway Services

Payment processing services are provided through PCI DSS-compliant third-party payment gateways, which may include Authorize.net, NMI (Network Merchants Inc.), and other approved processors. By using our payment services, you agree to the additional terms imposed by these providers.

6.2 PCI DSS Compliance Requirements

As a merchant using our payment processing services, you agree to:

  • Maintain compliance with the Payment Card Industry Data Security Standard (PCI DSS) applicable to your merchant level
  • Complete an annual PCI Self-Assessment Questionnaire (SAQ) or third-party assessment as required
  • Implement and maintain required security controls as specified by PCI DSS version 4.0
  • Protect cardholder data and prevent unauthorized access
  • Report any suspected data breach or security incident immediately
  • Comply with all requirements effective March 31, 2025, including script integrity monitoring for payment pages

6.3 Payment Network Rules

You agree to comply with all applicable payment network rules, including those of:

  • Visa
  • Mastercard
  • American Express
  • Discover
  • Any other payment networks through which you process transactions

6.4 Merchant Obligations

As a merchant, you are responsible for:

  • Accurate Business Information: Providing and maintaining accurate business details, including your legal entity name, EIN/Tax ID, business address, and contact information
  • Transaction Legitimacy: Ensuring all transactions processed are for legitimate goods or services provided by your business
  • Refund and Cancellation Policies: Clearly displaying your refund, return, and cancellation policies to customers
  • Customer Data Protection: Implementing appropriate measures to protect customer payment data
  • Chargeback Management: Responding to and managing chargebacks and disputes in accordance with payment network rules
  • Prohibited Transactions: Not processing transactions for prohibited goods or services as defined by payment networks

6.5 Online Payment Requirements

For e-commerce and online payment acceptance:

  • Payment pages must use HTTPS with TLS 1.2 or higher encryption
  • You must display clear pricing, including any taxes or fees, before checkout
  • A link to your privacy policy must be accessible from any page where payment information is collected
  • Customer consent must be obtained before storing payment credentials for future transactions
  • Recurring billing must include clear disclosure of terms and easy cancellation options

6.6 Third-Party Service Provider Terms

Use of payment gateway services is also subject to the terms and conditions of our payment processing partners:

In the event of any conflict between these Terms and the terms of a third-party payment processor, the more restrictive terms shall apply with respect to payment processing activities.

7. Fees and Billing

Fees for our Services are as quoted and agreed upon in your merchant agreement or service contract. Payment processing fees, terminal costs, and other charges will be clearly disclosed before you commit to any services.

We reserve the right to modify our pricing with 30 days' notice. Failure to pay fees may result in suspension or termination of Services.

10. Disclaimer of Warranties

THE SITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that the Site or Services will be uninterrupted, error-free, or free of viruses or other harmful components. Payment processing is subject to the terms of third-party processors.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, WITH IT PAYMENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES, ARISING FROM YOUR USE OF THE SITE OR SERVICES.

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM THESE TERMS OR YOUR USE OF THE SITE OR SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM.

12. Indemnification

You agree to indemnify, defend, and hold harmless With It Payments, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from your use of the Site or Services, your violation of these Terms, or your violation of any rights of a third party.

13. Termination

We may suspend or terminate your access to the Site or Services at any time, with or without cause, and with or without notice. Upon termination, your right to use the Site and Services will immediately cease.

Provisions of these Terms that by their nature should survive termination shall survive, including but not limited to intellectual property rights, disclaimers, limitations of liability, and indemnification.

14. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of law principles.

Any dispute arising from these Terms or your use of the Site or Services shall be resolved through good faith negotiations. If negotiations fail, disputes shall be resolved in the state or federal courts located in Mesa County, Colorado, and you consent to the personal jurisdiction of such courts.

15. Changes to These Terms

We reserve the right to modify these Terms at any time. When we make material changes, we will update the "Last Updated" date and post the revised Terms on the Site. Your continued use of the Site or Services after changes are posted constitutes acceptance of the revised Terms. We encourage you to review these Terms periodically.

16. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

17. Entire Agreement

These Terms, together with our Privacy Policy and any applicable merchant agreements, constitute the entire agreement between you and With It Payments regarding your use of the Site and Services.

18. Contact Us

If you have any questions about these Terms of Service, please contact us:

With It Payments

2480 Hwy 6&50, Unit 4

Fruita, CO 81521

Email: info@withitpayments.com

Phone: (970) 555-1234