Please read these Terms of Use (“Terms”) carefully before accessing or using the website located at https://offshoreunipay.com/ (the “Website”) or any services offered by Offshore Unipay (“we”, “us”, or “our”). By accessing our Website or using our services, you confirm that you have read, understood, and agree to be legally bound by these Terms. If you do not agree, you must not use this Website or our services.
These Terms apply to all visitors, users, and merchants who access or use the Website or engage with Offshore Unipay for any Merchant/Banking service-related purpose.
Certain services described on this Website may not be available in all jurisdictions and may be subject to local legal or regulatory restrictions. Users are responsible for ensuring that their use of our services complies with applicable laws in their jurisdiction.
1. About Offshore Unipay
Offshore Unipay is a global provider of high-risk payment processing solutions. Our services include credit card processing, offshore payment gateways, crypto payment processing, merchant bank accounts, offshore company registration, and open banking solutions. We serve merchants across a wide range of industries and jurisdictions worldwide.
We act as an intermediary between merchants, acquiring banks, card networks, and other financial partners. Use of our services is subject to both these Terms and any separate merchant agreement entered into between you and Offshore Unipay.
2. Eligibility and Account Access
By using this Website or applying for our services, you represent and warrant that:
- You are at least 18 years of age or the legal age of majority in your jurisdiction, whichever is greater
- You are acting on behalf of a legitimate, lawfully registered business, or as a duly authorised representative of such a business
- You have the legal authority to enter into binding agreements on behalf of yourself or your organisation
- Your use of the Website and services complies with all applicable laws and regulations in your jurisdiction
- You are not located in, or operating from, a country or territory subject to international sanctions that would prohibit our engagement with you
We reserve the right to refuse, suspend, or terminate access to our Website or services at our sole discretion, without notice, if we believe eligibility criteria are not met or if use is in violation of these Terms.
3. Services Offered
Offshore Unipay provides the following services to eligible merchants and businesses:
- Credit card processing and acquiring solutions
- Offshore and international payment gateways
- Cryptocurrency payment processing
- Merchant bank account setup and management
- Offshore company registration and incorporation
- Open banking and alternative payment solutions
Detailed terms governing the provision of specific services will be set out in a separate merchant agreement or service contract. These Terms govern general use of the Website and your relationship with Offshore Unipay in the absence of or in addition to any such agreement.
We reserve the right to modify, suspend, or discontinue any service at any time without prior notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of services.
4. Acceptable Use of the Website
You agree to use this Website only for lawful purposes and in accordance with these Terms. You must not use the Website:
- In any way that violates applicable local, national, or international law or regulation
- To transmit or distribute unsolicited communications, spam, or fraudulent content
- To upload or transmit any material that is defamatory, obscene, offensive, or that infringes the intellectual property rights of any third party
- To attempt to gain unauthorised access to any part of the Website, server, or any database connected to the Website
- To introduce viruses, trojans, worms, logic bombs, or any other malicious or technologically harmful material
- To impersonate any person, business, or entity, or to misrepresent your identity or affiliation with any person or organisation
- To interfere with or disrupt the integrity or performance of the Website or the data contained therein
We reserve the right to report any suspected unlawful activity to relevant law enforcement or regulatory authorities and to cooperate fully with those authorities.
5. Merchant Responsibilities and Compliance
Merchants using our payment processing services accept additional obligations, including:
5.1 Legal Compliance
You are solely responsible for ensuring that your business, products, and services comply with all applicable laws and regulations in every jurisdiction in which you operate. This includes, but is not limited to, consumer protection laws, licensing requirements, data protection legislation, anti-money laundering regulations, and any industry-specific regulations applicable to your sector.
5.2 Prohibited Business Activities
You must not use our services in connection with any business, transaction, or activity that is illegal or that Offshore Unipay expressly prohibits in its merchant onboarding documentation. Prohibited activities include, but are not limited to, sale of controlled substances, human trafficking, arms dealing, terrorist financing, or any activity that violates card network rules and regulations.
5.3 Chargeback Management
You agree to maintain chargeback ratios within the thresholds set by the applicable card networks and your acquiring bank. Excessive chargebacks may result in the suspension or termination of your merchant account, the imposition of additional fees, or the withholding of funds. You are responsible for implementing adequate fraud prevention and customer service measures to minimise chargebacks.
5.4 KYC and Due Diligence
As part of our obligations under applicable anti-money laundering and counter-terrorism financing laws, we are required to verify the identity of our merchants and their beneficial owners. You agree to provide accurate, complete, and up-to-date information and documentation as reasonably requested by us throughout the duration of your engagement with us.
5.5 Accurate Information
You represent that all information you provide to Offshore Unipay — including business registration details, processing history, business model descriptions, and ownership information — is truthful, complete, and not misleading. Providing false or misleading information is grounds for immediate termination and may constitute fraud under applicable law.
6. Intellectual Property
All content on this Website — including but not limited to text, design, layout, graphics, logos, software, and branding materials — is the property of Offshore Unipay or its licensors and is protected by applicable intellectual property laws worldwide.
You are granted a limited, non-exclusive, non-transferable, revocable licence to access and use the Website for your personal and legitimate business purposes. This licence does not permit you to:
- Copy, reproduce, or distribute any content from the Website without prior written consent
- Modify, adapt, translate, or create derivative works based on the Website’s content
- Use any Offshore Unipay trademarks, logos, or branding without express written permission
- Scrape, crawl, or systematically extract data from the Website
Any unauthorised use of our intellectual property may result in legal action.
7. Disclaimer of Warranties
The information and content on this Website are provided on an “as is” and “as available” basis, without any representations or warranties of any kind, express or implied. To the fullest extent permitted by applicable law, Offshore Unipay disclaims all warranties, including but not limited to:
- Warranties of merchantability, fitness for a particular purpose, or non-infringement
- Warranties that the Website will be uninterrupted, error-free, or free of viruses or other harmful components
- Warranties as to the accuracy, completeness, reliability, or timeliness of any information presented on the Website
Nothing in these Terms shall exclude or limit any warranties that cannot be excluded or limited under applicable law.
8. Limitation of Liability
To the maximum extent permitted by applicable law, Offshore Unipay, its directors, employees, agents, partners, and affiliates shall not be liable for any:
- Indirect, incidental, special, consequential, or punitive damages
- Loss of profits, revenue, data, business, or goodwill
- Damages arising from reliance on any information on this Website
- Damages arising from unauthorised access to or alteration of your transmissions or data
- Damages arising from events beyond our reasonable control, including but not limited to system outages, banking partner failures, regulatory interventions, or force majeure events
This limitation applies regardless of the basis of liability — whether in contract, tort (including negligence), statute, or otherwise — even if Offshore Unipay has been advised of the possibility of such damages.
Where liability cannot be fully excluded under applicable law, our total liability to you shall not exceed the fees paid by you to Offshore Unipay in the three (3) months preceding the event giving rise to the claim.
9. Indemnification
You agree to indemnify, defend, and hold harmless Offshore Unipay, its officers, directors, employees, agents, licensors, and partners from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in connection with:
- Your use of or access to the Website or services
- Your violation of these Terms
- Your violation of any applicable law, regulation, or third-party right
- Any content, transaction, or business activity conducted by you through or in connection with our services
- Any claim by a third party arising from your actions or omissions
10. Third-Party Links and Services
Our Website may contain links to third-party websites, platforms, or services. These links are provided for your convenience only. We do not endorse, control, or take responsibility for the content, privacy practices, or availability of any third-party site.
Your use of any third-party site is at your own risk and subject to that site’s own terms and privacy policy. We encourage you to review the terms of any third-party services you access through links on our Website.
11. Fees, Reserves, and Financial Terms
The specific fees, rates, reserve requirements, and payment settlement terms applicable to your merchant account will be outlined in your individual merchant agreement. General principles applicable to all merchants include:
- Fees: Processing fees, setup fees, and other charges as agreed in your merchant agreement are non-refundable unless otherwise stated
- Rolling reserves: We or our acquiring bank partners may hold a percentage of your processing volume as a reserve to cover potential chargebacks, refunds, or liabilities. Reserve terms will be specified in your merchant agreement
- Settlement: Funds are typically settled to your nominated account on a schedule specified in your merchant agreement, subject to holds or delays where required for compliance, risk management, or regulatory reasons
- Right to withhold funds: We reserve the right to delay or withhold settlement of funds where there is a reasonable suspicion of fraud, excessive chargebacks, or breach of these Terms or your merchant agreement
We are not responsible for any fees, exchange rate losses, or charges imposed by your bank in connection with receiving settlement funds.
12. Suspension and Termination
We reserve the right to suspend or terminate your access to the Website or our services, with or without prior notice, if:
- You breach any provision of these Terms or your merchant agreement
- We are required to do so by law, regulation, or instruction from a regulatory or card network authority
- We have reasonable grounds to suspect fraud, illegal activity, or a significant increase in financial risk
- Your chargeback or fraud ratios exceed acceptable thresholds
- You provide false or misleading information during onboarding or at any subsequent point
Upon termination, all rights granted to you under these Terms will immediately cease. Any outstanding obligations, including payment of fees, chargebacks, or liabilities, will survive termination.
13. Data Protection and Privacy
Your privacy is important to us. Our collection, use, and handling of personal data is governed by our Privacy Policy, available at https://offshoreunipay.com/privacy-policy, which forms part of and should be read alongside these Terms.
By using our Website and services, you consent to the processing of your personal data in accordance with our Privacy Policy. In the context of merchant services, you also acknowledge that we are required to collect and process personal and business data for KYC, AML compliance, and regulatory reporting purposes.
14. Confidentiality
Any information disclosed by either party in connection with the services that is designated as confidential, or that a reasonable person would understand to be confidential given the nature of the information and circumstances of disclosure, shall be kept strictly confidential.
Neither party shall disclose the other’s confidential information to any third party without prior written consent, except where required by law, regulation, legal proceedings, or where the information is already in the public domain through no breach of this clause.
15. Modifications to Terms
Offshore Unipay reserves the right to amend or update these Terms at any time. When we make material changes, we will update the “Last Updated” date at the top of this page. We may also, at our discretion, notify you of significant changes by email or through a notice on the Website.
Your continued use of the Website or services after the effective date of any revised Terms constitutes your acceptance of those changes. If you do not agree to the revised Terms, you must stop using the Website and services.
We encourage you to review these Terms periodically to stay informed of your rights and obligations.
16. Force Majeure
Offshore Unipay shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay is caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemic, war, terrorism, civil unrest, government action, regulatory change, banking system failures, or internet or communication outages.
17. Governing Law and Dispute Resolution
These Terms and any dispute or claim arising out of or relating to these Terms, the Website, or our services shall be governed by and construed in accordance with the laws of the jurisdiction in which Offshore Unipay or its affiliated contracting entity is established, without regard to conflict of law principles.
Because Offshore Unipay serves merchants globally, mandatory consumer, financial, or data protection laws in your jurisdiction may provide additional rights that cannot legally be excluded. Nothing in these Terms is intended to limit or remove any such mandatory protections.
Before initiating formal legal proceedings, both parties agree to first attempt to resolve disputes through good-faith negotiations.
If a dispute cannot be resolved informally within thirty (30) days, the dispute may be submitted to:
- the competent courts of the applicable jurisdiction; or
- arbitration, mediation, or alternative dispute resolution procedures where agreed in a separate merchant agreement.
Nothing in this clause prevents Offshore Unipay from seeking injunctive relief, regulatory cooperation, debt recovery, or enforcement actions where necessary to protect its business interests, banking relationships, intellectual property, compliance obligations, or security systems.
For legal notices, disputes, or compliance-related enquiries, contact:
info@offshoreunipay.com
18. Severability
If any provision of these Terms is found to be invalid, unlawful, or unenforceable under applicable law, that provision shall be deemed modified to the minimum extent necessary to make it enforceable, or if it cannot be modified, it shall be severed from the Terms. The remaining provisions shall continue in full force and effect.
19. Entire Agreement
These Terms, together with our Privacy Policy and any merchant agreement entered into between you and Offshore Unipay, constitute the entire agreement between you and us with respect to your use of the Website and our services. They supersede all prior discussions, representations, or agreements relating to the same subject matter.
20. Contact Information
If you have any questions, concerns, or requests regarding these Terms, please contact us:
- Email: info@offshoreunipay.com
- Website: https://offshoreunipay.com/
We aim to respond to all enquiries promptly and constructively.