Product Terms for Rapyd Payment Device Solutions (“PDS Terms” or “Terms”)

  1. Part of the Rapyd Merchant Agreement. These PDS Terms: (a) apply to our provision of the Rapyd Collect Service to you and are in addition to and supplement the General Terms; and (b) form part of the Rapyd Merchant Agreement.
  2. Description of Rapyd PDS Services. Once we have activated the Rapyd Collect Services for you, you may use the agreed Payment Device Solutions to accept Payments into your Rapyd Wallet. The Payment Device Solutions available to you may vary depending on your location. The scope of Rapyd PDS Services provided by Rapyd, include (i) lease or sale of Rapyd Payment Device; and/or (ii) access to and use of Rapyd In-Store Payments Suite and Tap to Pay through Rapyd Payment Device or Third-Party Payment Device.
  3. Scope of PDS Services
    1. Leasing of Rapyd Terminal

    1. Applicability and availability.  Where applicable, Rapyd will lease to you the Rapyd Terminal in accordance with these Terms. Rapyd reserves the right to determine whether it will lease a Rapyd Terminal to you based on the availability of this service in your location. For the avoidance of doubt, this Clause 3.1 shall not apply where you do not lease Rapyd Terminals.
    2. Lease Term. The lease term is set out in the MA Form, as the case may be, unless you and Rapyd agree in writing. The Lease Term which will renew automatically on a monthly basis, unless otherwise terminated by either Party in accordance with these Terms.
    3. Ownership. The Rapyd Terminals leased to you shall remain the sole and exclusive property of Rapyd at all times. You shall have no right, title or interest in the leased Rapyd Terminals except for the right to possess and use them in accordance with these PDS Terms. You shall not sub-lease, rent, transfer, grant the use of, or hand over the Rapyd Terminal to any third party without the prior written consent of Rapyd. Rapyd reserves the right to refuse to lease or ship the Rapyd Terminal to you if we believe  you intend to use the Rapyd  Terminal in a manner prohibited by these Terms.
    4. Support and maintenance. You shall use the leased Rapyd Terminals in a careful and proper manner and shall be responsible for maintaining them in good working order, subject to normal wear and tear. You authorise Rapyd or its authorised partners to access the Rapyd Terminal remotely via the device management platform for diagnostic and support purposes.
    5. Limitation of Liability. In addition to the General Terms, you acknowledge and agree that the Rapyd Terminal provided may become temporarily unavailable or inoperable due to factors including, but not limited to, network outages, SIM/data service interruptions, software or firmware malfunctions, hardware failure, remote system updates, or other technical limitations beyond Rapyd’s direct control. Rapyd shall not be liable for indirect loss, including but not limited to, any loss of revenue, business disruption, reputational damage, or other consequential or incidental losses arising from such unavailability or downtime of the payment device, regardless of cause or foreseeability.
    6. Loss or Damage. You shall promptly notify Rapyd if the leased Rapyd Terminal is damaged or lost. Rapyd may, in its sole discretion and subject to the terms and conditions of our Third-Party Providers, determine whether a replacement or repair is available. You shall be responsible for (i) loss or theft of Rapyd Terminal; (ii) faults or damage caused to the Rapyd Terminal through misuse, wilful neglect, and malicious damage by you; and (iii) damage or faults in respect of batteries or to any third party device that is not part of Rapyd Terminal.
    7. Use with Third-Party Software. If you choose to install third-party software on any Rapyd Terminal, you accept full responsibility and liability for consequences arising from use of such applications.
    8. Device Management, Software Updates and Use of Third-Party Providers. You acknowledge that Rapyd will use third-party platform(s) and/or providers (i) for device management, support, maintenance and shipping and (ii) remotely manage, configure, monitor and update the Rapyd Terminals. Rapyd reserves the right to deploy software updates, security patches and applications remotely to ensure compliance, security, and performance of the Rapyd Terminal. You understand that certain administrative functions of the Rapyd Terminal are restricted to Rapyd or its authorised personnel via the device management platform, and that unauthorised modifications may void warranties or support. You agree to their use as part of the Services, subject to applicable privacy and security standards.
    9. Shipping. Rapyd will arrange for the delivery of the Rapyd Terminal to you at an address where we support the leasing of Rapyd Terminals, or any method of delivery as agreed between you and Rapyd. You agree that Rapyd may charge a fee for the shipping of the Rapyd Terminal to you. Rapyd will select the delivery partner that will deliver Rapyd Terminal. Rapyd is not liable for any late delivery, or any loss, damage, or penalty you may incur from any delay in delivery.
    10. Return of Rapyd Terminal. Upon termination or expiration of the lease term, you shall promptly return the leased Rapyd Terminal to Rapyd, no later than ten (10) days from the termination or expiry date, in good working condition, at your expense. In addition to the Indemnification under the General Terms, failure to return the Rapyd Terminal in a timely manner or in the required condition may result in additional charges payable to Rapyd.

 

2. Sale of Rapyd Terminal

  1. Applicability and availability.  Where applicable, Rapyd will sell to you the Rapyd Terminal in accordance with these PDS Terms. Rapyd reserves the right to determine whether it will sell a Rapyd Terminal to you based on the availability of this service in your location. For the avoidance of doubt, this Clause 3.2 shall not apply where you do not purchase Rapyd Terminals.
  2. Shipping and Returns. Rapyd will arrange for the delivery of the Rapyd Terminal to you at an address where we support the sale of Rapyd Terminals, or any method of delivery as agreed between you and Rapyd. You agree that Rapyd may charge a fee for the shipping of the Rapyd Terminal to you. Rapyd will select the delivery partner that will deliver Rapyd Terminal. Rapyd is not liable for any late delivery, or any loss, damage, or penalty you incur from any delay in delivery.Subject to the terms and conditions of our Third-Party Providers, you may return a Rapyd Terminal in its original packaging and condition (including all accessories and components) within 30 days after the date of your purchase if the Rapyd Terminal (i) arrives damaged; (ii) is defective and stopped reading cards due to a manufacturer default; (iii) is broken; or (iv) goes into tamper mode which is a security mechanism blocking the Rapyd Terminal from functioning due to suspicious activity. You will arrange for the return delivery, at your own expense. We reserve the right to refuse any return if we suspect you are abusing the return policy.
  3. Limited Warranty. All Rapyd Terminals resold by us are covered by their original manufacturers’ warranties.  Please check with the manufacturer directly for further information.
  4. Limitation of Liability. In addition to the General Terms, you acknowledge and agree that the Rapyd Terminal provided may become temporarily unavailable or inoperable due to factors including, but not limited to, network outages, SIM/data service interruptions, software or firmware malfunctions, hardware failure, remote system updates, or other technical limitations beyond Rapyd’s direct control. Rapyd shall not be liable for any loss of revenue, business disruption, reputational damage, or other consequential or incidental losses arising from such unavailability or downtime of the payment device, regardless of cause or foreseeability.
  5. Installation, Updates and Maintenance. You authorise Rapyd or its authorised partners to access the Rapyd Terminal remotely via the device management platform for installation, updates, maintenance, diagnostic and support purposes.
  6. Use with Third-Party Software. If you choose to install third-party software on any Rapyd Terminal, you accept full responsibility and liability for consequences arising from use of such applications.
  7. Device Management, Software Updates and Use of Third-Party Providers. You acknowledge and agree that Rapyd uses third-party platforms and providers to remotely manage, configure, monitor, support, maintain, update, and ship Rapyd Terminals. Rapyd reserves the right to deploy software updates, security patches, and applications remotely to ensure the compliance, security, and performance of the Rapyd Terminals. Certain administrative functions of the Rapyd Terminals are restricted to Rapyd or its authorised personnel via the device management platform, and any unauthorised modifications may void warranties or support. You agree to the use of such third-party providers as part of the Services, subject to applicable privacy and security standards.
  8. Reselling.  You may not resell, rent, lease or distribute a Rapyd Payment Device, or allow a third-party to use the Rapyd Payment Device that you have purchased. Rapyd reserves the right to refuse to sell or ship the Rapyd Payment Device to you if we believe  you intend to use the Rapyd Payment Device in a manner prohibited by these Terms.

 

3. Rapyd In-Store Payments Suite

  1. Applicability and availability. Where applicable, Rapyd will offer to you the Rapyd In-Store Payment Suite in accordance with these PDS Terms. Rapyd reserves the right to determine whether it will offer our Rapyd In-Store Payments Suite to you based on the availability of this service in your location.
  2. Rapyd In-Store Payments Suite. Rapyd provides and maintains the Rapyd In-Store Payments Suite which provides you with various integrated and stand-alone software applications to use with your Payment Devices, including access to Rapyd Technology. Rapyd has sole discretion to determine which software applications in the Rapyd In-Store Payments Suite are available to you, that will be accessible to you via the Portal.
  3. Rapyd In-Store Payments Suite Licence. Subject to your compliance with the Agreement and these Terms, and payment of Fees (as applicable), Rapyd grants you a non-exclusive, non-transferable, and limited licence to access and use the applicable software applications in the Rapyd In-Store Payments Suite on the Rapyd Terminal or such third-party payment device approved by Rapyd according to these Terms.
  4. Support and Maintenance. Support for Rapyd In-Store Payments Suite will be limited to the functionality of the Rapyd In-Store Payments Suite and will not extend to issues related to the Payment Device (unless you are using Rapyd Terminal as set above in Clauses 2 and 3), operating systems, or network connectivity.
  5. Limitation of Liability. In addition to the General Terms, you acknowledge and agree that the Rapyd In-Store Payments Suite may become temporarily unavailable or inoperable due to factors including, but not limited to, network outages, SIM/data service interruptions, software or firmware malfunctions, hardware failure, remote system updates, or other technical limitations beyond Rapyd’s direct control. Rapyd shall not be liable for any loss of revenue, business disruption, reputational damage, or other consequential or incidental losses arising from such unavailability or downtime of the Payment Device, regardless of cause or foreseeability.
  6. Use with Third-Party Payment Devices. Rapyd may allow you to install Rapyd In-Store Payments Suite software applications on Third-Party Payment Devices on the following conditions:
    1. Your Third-Party Payment Devices will be compatible with Rapyd In-Store Payments Suite, and properly integrated with Rapyd Technology and using the latest version of the application;
    2. Third-Party Payment Devices will only be used in relation to the Rapyd In-Store Payments Suite and the Payment Device Solutions we have available to you that may vary depending on your location in countries where we offer Rapyd PDS Services;
    3. You will obtain Rapyd’s approval for use of third-party payment devices;
    4. You shall ensure that any relevant certification, device security, distribution, ordering, location management and storage of third-party payment devices comply with applicable PCI DSS, Scheme Rules, Applicable Law and, as far as applicable, any instructions or documentation issued by Rapyd in this respect;
    5. You acknowledged that Rapyd is not responsible for the use, support, maintenance and/or repair of any third-party payment device.

 

4. Deferred Transactions

  1. Applicability and availability. Where applicable, Rapyd will offer to you the option to enable acceptance of deferred transactions (“Deferred Transactions”) in accordance with these PDS Terms. Rapyd reserves the right to determine whether it will offer the Deferred Transactions service to you based on the availability of this service in your location and its risk assessment. Deferred Transactions are subject to applicable Card Scheme rules, which may impose additional restrictions on amounts, frequency, or processing times
    Limitations of Deferred Transactions. Rapyd will by default process all Transactions online only. If enabled, Deferred Transactions allow you to continue accepting payments during internet service interruptions. You must reconnect your Payment Device and process Deferred Transactions within 24 hours, otherwise such transactions will automatically expire and will not be processed. During Deferred Transactions, no authorization, balance verification or fraud screening is performed until the Payment Device reconnects. You will not be able to cancel or refund Deferred Transactions until they have been processed online.
  2. Risks of Deferred Transactions. You acknowledge that your Merchant Products may be delivered before payment is received. You accept the risk that Deferred Transactions may be declined, expired, fraudulent or disputed. You are solely responsible for any expired, declined or disputed Deferred Transactions and remain fully liable for failed captures, chargebacks or disputes. Deferred Transactions are always processed at your risk and are ineligible for chargeback protection or fraud liability shifts that may otherwise apply.
  3. Transaction Limits. Deferred Transactions may only be accepted within the transaction limits agreed with Rapyd during onboarding. Transactions outside the limits set by Rapyd require online authorization and are not eligible for Deferred Transactions and will be declined. Rapyd may also impose aggregate limits on the total number or total value of Deferred Transactions that may be processed before reconnection. Once such aggregate limits are reached, no further Deferred Transactions will be accepted until pending Transactions have been processed online. Rapyd may, at its sole discretion, review and adjust the applicable transaction limits at any time, including in response to changes in risk, fraud levels, Card Scheme rules, or legal requirements.
  4. Suspension. Rapyd may, at any time and without liability, suspend or disable Deferred Transactions, including where Rapyd determines that such action is necessary due to fraud, excessive chargebacks, legal or Card Scheme requirements, security concerns, or operational reasons.

5. Tap to Pay

  1. Applicability and availability. Where applicable, Rapyd will offer to you the Tap to Pay service in accordance with these PDS Terms. Rapyd reserves the right to determine whether it will offer our Tap to Pay service to you based on the availability of this service in your location. Tap to Pay services may be offered to you in supported territories (“Tap to Pay Services”). The Tap to Pay Services are made available by Rapyd to you as a Payment Method under the General Terms and will be construed as such under the terms of the Agreement, including any terms regarding Payment Method support.
  2. You agree that Third-Party Providers may change the technical characteristics, legal terms and conditions, and/or the acceptance criteria under which the Tap to Pay Services are made available to you. If you disagree with such change(s), you should discontinue use of the Tap to Pay Services.
  3. Any obligations owed by you to Card Schemes pursuant to the Agreement shall apply equally for the benefit of the relevant Third-Party Provider. You agree that any reference to the Card Schemes fines and/or fees shall be understood to include any fees and/or fines issued by the relevant Third-Party Provider in connection with your use of the Tap to Pay Services. You acknowledge and accept that Rapyd may be required to enforce Card Scheme Rules on behalf of Third-Party Providers from time to time.
  4. Third-Party Providers may, in their sole discretion, suspend or discontinue the Tap to Pay Services with or without cause. You acknowledge that any such acts are solely within the control of Third-Party Providers and agree to hold Rapyd harmless from any claims or actions for damages.
  5. Software Maintenance and attestation requirements. You shall be responsible for ensuring that your Payment Device runs a supported version of the operating system and comply with any requirements of Tap to Pay specifications in order for the continuing use of the Tap to Pay Services. Any use of older versions other than the most recent release shall be at your own risk. Your Payment Device must be security patched at least once every twelve (12) months or such frequency as notified by Third-Party Providers in the event of critical vulnerabilities.

Additionally, you must at all times meet all software attestation requirements as advised to you from time to time. If a deviation from such software attestation requirements is detected, the Tap to Pay Services will stop functioning immediately without notice and will not be re-enabled until after you have fixed the deviation and we have received and been able to act upon your request that it is re-enabled. The software attestation requirements include but not limited to: 

  1. Current Android OS baseline is as a minimum version 8.1 or above and a recent security patch must be installed. We reserve the right to change the Android OS version or security patch if a new critical vulnerability is found which cannot be mitigated.
  2. For Apple, the version of iOS running on the phone or tablet must not be more than one year old.
  3. The relevant device (phone/tablet) supports hardware key attestation.
  4. The relevant device (phone/tablet) is not rooted and is not an emulator.
  5. The device does not have screen-sharing or NFC-capturing apps installed.
  6. The NFC communication is not being physically wiretapped.
  7. The MPoC certified application provided by Rapyd is always the latest version which is typically three months’ old or less.
  8. The app has not been hooked/hacked into, or lifted to a different device/emulator.
  9. The bootloader is locked.
  10. Debug mode is disabled.
  11. NFC must be built into the device.

 

  1. Conditions of Licence to use. You must not (i) make any amendments or alterations to, reproduce, or reverse engineer any part of the Tap to Pay Services, (ii) must not permit any unauthorised person to access or use the Tap to Pay Services, (iii) must not republish or redistribute any content or material from the Tap to Pay Services, and (iv) must not conduct or request that any other person conduct any load testing or penetration testing on the Tap to Pay Services without the prior written consent of Rapyd and/or Rapyd’s Third-Party Providers.
  2. Limitation of Liability. In addition to the General Terms, you acknowledge and agree that the Tap to Pay Services may become temporarily unavailable or inoperable due to factors including, but not limited to, network outages, SIM/data service interruptions, software or firmware malfunctions, hardware failure, remote system updates, or other technical limitations beyond Rapyd’s direct control. Rapyd shall not be liable for any loss of revenue, business disruption, reputational damage, or other consequential or incidental losses arising from such unavailability or downtime of the Payment Device, regardless of cause or foreseeability.
  3. Acceptance of Third-Party Provider’s Terms and Conditions. Your activation of your Account constitutes your acceptance of and agreement to be bound by and to comply fully with terms and conditions of our Third-Party Provider including but not limited to Apple and Google. If you do not fully comply with such terms and conditions, we reserve the right to take all applicable steps under our General Terms and/or Applicable Laws including immediate termination or suspension of the Services (Clause 11.2 of General Terms) and enforcement of your indemnity obligations (Clause 15.5 of General Terms).

 

4. Your Obligations

To access and use the Rapyd Terminals, Rapyd In-Store Payments Suite and Tap to Pay Services, where applicable, you must:

  1. Use the Rapyd PDS Services in a manner that is consistent with these Terms and the Agreement. 
  2. Ensure the security of the Rapyd Terminal by following the below guidelines and ensuring your employees, officers and agents follow such guidelines:
    1. Inspect the Rapyd Terminal and surroundings regularly and the frequency can depend on location, frequency of use etc. Inspection may include looking for any modifications, attachments or changes to wiring or unfamiliar devices attached to the wires, ensuring there are no gaps in the ceilings, walls or shelving near the Payment Device that could conceal a small camera;
    2. Provide sufficient space for customers to protect their PIN when entering it;
    3. Ensure security cameras are located such that they do not capture the PIN entered by customers;
    4. Allow customer to hold the PIN pad until the transaction is complete;
    5. Never enter a PIN for a customer or ask for the PIN;
    6. When the Payment Device is not in use, to store it under the counter or out of reach of customers without unplugging it.
  1. Ensure that the Rapyd Terminal is kept and operated in a suitable environment with adequate security measures to safeguard the Rapyd Terminal and data collected by and held on the Rapyd Terminal, used only for the Transactions for which it is designed, and operated in a proper manner for which it is intended;
  2. Immediately notify Rapyd if the Rapyd Terminal or Payment Device, as the case may be, is lost, missing or is no longer under your possession ;
  3. Be responsible for (i) any loss or theft of your Payment Device; and (ii) any misuse of your Payment Device, including any unauthorised payments arising from such misuse.;
  4. Ensure only competent trained persons are allowed to operate the Rapyd Terminal;
  5. Ensure that the connection of the Rapyd Terminal to the telecommunications companies’ telephone system and/or WiFi is active. You shall be responsible for all telephone costs, WiFi, lines, and other operating costs incurred due to the use of the equipment;
  6. Make no alteration to the Rapyd Terminal and remove any component(s) from the Rapyd Terminal without the prior written consent of Rapyd;
  7. Permit Rapyd or its duly authorised representative to inspect the Rapyd Terminal at all reasonable times;
  8. Not allow any third-party to use the Rapyd Terminal or your Payment Devices, or submit Transactions via the Rapyd Terminal or your Payment Devices on behalf of a third party without the prior written consent of Rapyd. The Rapyd Terminal, your Payment Device and/or Rapyd In-Store Payments Suite may only be used by you to submit Transactions to Rapyd in its own name and for the business it registered for when entering into the Agreement;
  9. Ensure the Rapyd PDS Services are only used in the location for which you are approved. If you wish to move a Rapyd Terminal or use the Rapyd PDS in a new location, you must notify Rapyd of the new location for Rapyd’s approval at its sole discretion. If you have more than one location approved, you must ensure that the Rapyd Terminal and/or Rapyd PDS Service is associated with the correct location when the Rapyd Terminal is operated.
  10. Ensure the Rapyd PDS Services are only used for commercial purposes, and you must not use or allow any other person to use the Rapyd PDS Services for personal, family or household use.

 

If any obligations under this clause have not been fulfilled, we may, at our sole discretion, terminate, limit access, suspend or decline to provide the PDS Services.