Merchant Service Terms

These Merchant Service Terms ("Terms") govern the hardware, software, and services provided by Atlas Payments, LLC ("Atlas Payments," "we," "us") to the business identified in your signed Proposal ("you," "Client"). They are incorporated into and made part of that Proposal by reference.

Payment processing is provided under a separate Merchant Processing Agreement ("MPA") between you and the payment processor and its sponsoring bank. These Terms govern only Atlas Payments' own products and services. Nothing in these Terms modifies, interprets, or creates any obligation under the MPA; for all processing matters, refer to the MPA itself.

1. VERSION AND UPDATES

We may update these Terms from time to time. The "Last updated" date above shows the current version. Changes apply only to agreements entered after the change takes effect. The version incorporated into your Proposal is the version in effect on the date you sign it.

2. SERVICES AND TERM

Atlas Payments hardware and software services are provided on a month-to-month basis and may be cancelled with 30 days' written notice to hello@atlaspayments.co. Payment processing is provided under the separate MPA and has its own term. Cancelling Atlas Payments services does not cancel the MPA, and cancelling the MPA does not cancel Atlas Payments services.

3. DISCOUNT REPAYMENT (COST RECOVERY)

Any hardware, installation, or implementation provided at reduced or no upfront cost reflects a discount off itemized retail value, extended in reliance on your continued relationship with Atlas Payments. If you cancel Atlas Payments services, switch providers, or stop processing through Atlas Payments before the end of the commitment period stated in your Proposal, you agree to repay the full itemized value of that discount, as stated in your Proposal, within 30 days.

This repayment is owed to Atlas Payments and recovers value Atlas Payments already delivered to you. It is a separate obligation from any fee that may be owed to any other party under the MPA. This obligation constitutes evidence of indebtedness. Ownership of any hardware provided remains with Atlas Payments until all amounts owed to Atlas Payments are paid in full.

4. BILLING AND PAST-DUE AMOUNTS

You authorize Atlas Payments to bill the amounts in your Proposal on the stated schedule. Amounts owed for value received remain due regardless of missed payments; a missed payment does not release the remaining balance. Amounts remain due even if you reverse, dispute, or reject an authorized charge or ACH debit used to collect them.

5. COLLECTION COSTS AND ATTORNEYS' FEES

If any amount owed to Atlas Payments under these Terms or your Proposal is referred for collection after default, you agree to pay Atlas Payments' costs of collection, including reasonable attorneys' fees to the extent permitted by N.C. Gen. Stat. § 6-21.2, following the written notice and cure period that statute requires.

6. THIRD-PARTY PRODUCTS

Clover® and other third-party providers set and may change their own pricing, features, terms, and availability at any time. Atlas Payments is not responsible for those changes or for the performance of any third-party hardware or service.

7. OPTIONAL ADD-ONS

Website services, marketing packages, and similar offerings are optional and apply only if separately selected and initialed in your Proposal. They are not included in, or a condition of, your core hardware or software services.

8. LIMITATION OF LIABILITY

To the maximum extent permitted by law, Atlas Payments' total liability arising out of these Terms or your Proposal will not exceed the total amounts you paid Atlas Payments in the three (3) months preceding the event giving rise to the claim. Atlas Payments is not liable for indirect, incidental, or consequential damages.

9. TIME LIMIT ON CLAIMS

Any claim you bring against Atlas Payments arising out of these Terms or your Proposal must be filed within one (1) year of the event giving rise to the claim, or the shortest period permitted by North Carolina law if one year is not enforceable. Claims not brought within that period are permanently waived.

10. GOVERNING LAW AND VENUE

These Terms are governed by the laws of the State of North Carolina. Any dispute will be brought exclusively in the state or federal courts located in Mecklenburg County, North Carolina, and you consent to that jurisdiction and venue. Each party waives any right to a jury trial.

11. GENERAL

These Terms and your Proposal are the entire agreement between you and Atlas Payments on their subject matter and may be modified only in a writing signed by Atlas Payments. If any provision is held unenforceable, the rest remains in effect. You may not assign your Proposal without Atlas Payments' consent; Atlas Payments may assign these Terms to a successor or affiliate.

Questions: hello@atlaspayments.co