Terms of Service

1.1 Agreement

These Terms of Service are a legal agreement (“Agreement”) between you (“User”, “you”, “your”, “Payor”, or “Biller”) and PayQue Inc., its subsidiaries (“PayQue”, “we”, “our”, or “us”) governing your access to and use of payque.com and all associated sites (“Website”), the PayQue mobile application (“Mobile App”), the Content and Communication (as defined below), and any other products or services provided by or available through PayQue, including software-as-a-service (individually and collectively, the “Services”). You agree that by registering for, accessing, or using any of our Services (described below), you acknowledge that you have read, understood, and agree to be legally bound by this Agreement or have the authority to legally bind a third party or entity. You further agree that you will use the Services solely as contemplated by and in accordance with the terms of this Agreement. This Agreement incorporates by reference all policies, notices, and other content that appear on our website at https://www.payque.ca including our Privacy Policy.

PayQue offers its Services to Users in Canada.

1.2 PayQue

PayQue’s operations utilize a number of different entities and partners to process your request.

If you reside in Canada, this is a legal Agreement between you and PayQue Canada Inc., a PayQue Inc. subsidiary. For Canadian users, “PayQue,” “we,” and “us” refer to both PayQue Canada Inc. and PayQue Inc.

For all transactions, PayQue utilizes relationships established with partners such as Stripe, Moneris, and Royal Bank of Canada to process your transactions. These partners operate directly or through their authorized affiliates and contractors.

PayQue is an independent, third-party service that is not formally affiliated with any party, except where otherwise indicated. You acknowledge and agree that your use of the Services does not in any way constitute a tri-party agreement between you, PayQue, and your payment recipients.

1.3 Services

PayQue’s services include a platform and additional online payment application products and features that enable you to make payments to third parties (‘Pay’)

You may access and use certain of the services by paying applicable fees for each transaction or service utilized, as described in PayQue’s fee schedule provided. The fees for using specific services will be clearly outlined in the fee schedule and may vary depending on the nature of the transaction or service provided, including subscription and per-transactional fees (‘Fees’). Subscription-based payment options may also be available

The Order and this Agreement set forth the basic terms and conditions under which the Services will be delivered. This Agreement will govern your access to and use of the Services, including the payment of applicable Fees for each transaction or service utilized. Your use of the Services is contingent upon your payment of the Fees associated with each transaction or service in accordance with the fee schedule provided.

1.6 Payment and Fees

When you sign up with PayQue, as part of the registration process for any paid service, you will need to provide payment card information for the applicable charges and fees. You agree to pay all charges associated with your use of the Services, as well as any additional applicable fees in connection with your use of the Services. These charges and fees are non-refundable except as otherwise set forth herein. You are responsible for keeping all account information accurate and up-to-date, including payment card, address, and account contact information. You hereby represent that you have the right to provide us with your payment card information and authorize PayQue to charge the payment card for the applicable charges and fees. You hereby authorize PayQue to automatically charge your payment card for the services used in accordance with the applicable order. If your payment card is declined for any payment, we may suspend the Services immediately until your payment is brought current.

1.7 Term and Termination

Your Order will state the term for the Services ordered. If not otherwise specified on the applicable Order, each term will continue until the completion of the transactions and charges, unless either party terminates pursuant to this Agreement. You agree that any applicable fees or charges will not be refunded in the event of termination.

Upon expiration or termination of the Services, you will not be entitled to a refund of any pre-paid fees or charges. Please note that when you become a member of PayQue, you may choose to discontinue using certain services, and the fees or charges associated with those services will not be refunded. In such cases, your account will be deactivated, and you will no longer have access to the information provided during the use of the Services.

1.8 Fund Ownership

PayQue does not take legal ownership of the principal funds initiated either under the Pay Service or Accept Service that are processed through Stripe, Moneris, Royal Bank of Canada, and other banks in Canada. Funds held in these accounts are held in the respective banks’ names. The accounts reflect that they are for the benefit of PayQue’s customers. PayQue has the right to instruct these banks on the use of funds in the accounts, including receiving and forwarding funds to you or making payments based on your instructions.

These banks act only as service providers to PayQue, and their roles in the completion of a payment are restricted to treasury disbursement. You are not a customer of these banks. PayQue provides card processing services to you and dispatches payment instructions to these banks for the purpose of accomplishing these payments.

1.9 Changes

PayQue may modify the Services, this Agreement, and/or our Privacy Policy from time to time. If we make material changes, we will provide you notice through communication via our Services, your account, email, or by other means as determined by PayQue, giving you the opportunity to review the changes before they become effective. If you object to any changes, you may close your account and/or terminate the applicable terms. Your continued use of our Services after we publish or send notice about changes to the Services, this Agreement, or to the Privacy Policy means that you are consenting to the updated terms.

2.1 Eligibility

In opening an account with PayQue, you represent and warrant that: (i) you are at least 18 years of age; (ii) have a valid and active email address; (iii) have a valid payment card issued on the MasterCard®, Visa®, Discover®, JCB®, or Diners Club® networks or a valid bank account in your name; (iv) have not previously been suspended or removed from the Services; (v) will provide complete, accurate, and up-to-date information for any and all documentation as requested by PayQue.

Furthermore, if you use the Services on behalf of another, whether a natural person or legal non-natural person or entity, you represent and warrant that you are duly authorized and empowered by and for that person or entity to agree to and accept this Agreement, and represent and warrant that you are duly authorized and empowered to use the Services on behalf of the person or entity.

2.2 Registration

In order to access the Services as a User, you must create an account (“Account”) with PayQue. To set up your Account, you will be required to create log-in credentials and provide certain types of personal information, including but not limited to the following:

• Your full name and/or entity
• Your Home Address
• Your email address
• Your phone number

We may request additional information after or during the registration process. To ensure uninterrupted access to the Services, you agree to provide true, accurate, and complete information promptly. Additionally, you agree to notify us promptly if any of your information has changed.

2.4 Account Security

Users are asked to create a strong password and provide a phone number and email address for a two-factor authentication (2FA) authentication factor. You will not provide access to your PayQue Account to any outside party and will take reasonable precautions to safeguard your password and authentication details, keeping them confidential. To the extent permitted by law, you are responsible for all actions submitted and data accessed by your PayQue Account, and PayQue holds no liability for any costs, difficulties, or disputes arising from unauthorized or compromised usage of your PayQue Account, except where required by law or where PayQue explicitly accepts responsibility.

2.5 Restrictions/Limitations

Successful registration provides you access to the Services, but does not make any warranties about the extent of your access or privileges. PayQue reserves the right to impose limitations on the size, frequency, and time frame of payments submitted. Depending on your usage of the Services, more information may be requested to lift such restrictions. You acknowledge that your failure to provide satisfactory information upon request may result in limitations being placed on your PayQue Account, which may include complete restriction from access and usage of the Services. Furthermore, we reserve the right to review or place a hold on any payment requested through our Services for any reason, including but not limited to credit and fraud risk or compliance with applicable laws, such as anti-money laundering regulations, combating terrorist financing laws, and OFAC sanctions. In our sole discretion, PayQue may place a hold on a payment for as long as reasonably necessary to conduct an appropriate inquiry regarding the payment, a PayQue Account, a Recipient, or any related facts or circumstances (“Payment Review”). Depending on the results of this review, PayQue reserves the right to take any appropriate action, including declining the payment, refunding the payment, or continuing to hold the payment pending instructions from a government agency. You relieve PayQue of any liability you may incur due to payments that are held, denied, or reversed. When making a transaction, each party must comply with the rule of law and provide proof of payment, such as an invoice or contract, for PayQue to successfully process the transaction. PayQue reserves the right to terminate the transaction at any time if it determines that the information provided is inaccurate.

2.6 Termination/Suspension

If we have reason to believe that you have used our Services contrary to the terms of this Agreement, including without limitation failing to pay applicable fees or charges, we may close or suspend your Account or the Services; hold, return, or reclaim funds; update information provided by third parties; decline to provide Services to you or related parties in the future. If you open additional accounts, PayQue reserves the right to immediately close such additional accounts. We further reserve the right to terminate your PayQue Account if: you provide inaccurate, untrue, or incomplete information; you fail to comply with the account registration requirements; we cannot verify your identity; or you engage in any restricted activities or inappropriate use of the Services. PayQue, in its sole discretion, also reserves the right to close your PayQue Account at any time with or without notice to you for any reason. Activity contrary to the terms of this Agreement may result in us contacting your bank, other Users, law enforcement, or other third parties; or taking legal action.

2.7 Applicable Taxes and Penalties

You are responsible for all, if any, applicable taxes arising from your use of the Services. You are furthermore responsible for all fees, fines, penalties, and other liabilities incurred by PayQue, yourself, or a third party caused by or arising out of your breach of this Agreement and/or your use of the Services. You agree to reimburse PayQue or a third party for any and all such liabilities. In the event that you are liable for any amounts owed to PayQue, PayQue may initiate a transaction via your default Payment Method or other available payment methods to pay any such amounts. If you do not have sufficient funds available to fulfill such payment, PayQue may engage in collection efforts and/or other legal actions to recover such amounts from you.

2.8 Privacy

Personal identifiable information (“Personal Data”) provided through accessing the Website, including all subpages and successor pages, and using the Services is governed by our Privacy Policy located at payque.com/privacy. You agree to and are bound by the terms of our Privacy Policy, which is incorporated by reference into this Agreement as if it were set forth herein in its entirety. To help combat terrorism and money laundering activities, PayQue may obtain, verify, and sometimes store certain Personal Data. You authorize PayQue, directly or through third parties, to make any inquiries necessary to comply with applicable laws or regulations. This may include asking you for further information, requiring you to take steps to confirm ownership of your email address or financial instruments, and verifying your information against third-party databases or through other sources. At any time during the term of this Agreement and your use of the Services, we may require additional information from you to verify beneficial ownership or control of the business, validate the information you provided, and verify your identity or the identity of your business. If PayQue cannot verify your identity, PayQue reserves the right to deny you use of the Services. For businesses that share data with PayQue, you represent and warrant that you have obtained the necessary permissions to do so and that your policies regarding Personal Data comply with applicable laws or regulations.