Gateway Merchant Services Ltd.
Terms and Conditions – ROI Online V3
These Terms and Conditions were published and effective for all Agreements entered into as of 17th November 2025.
Definitions
These words have the following meanings:
“Acquirer” means the financial institution to which your Payment Transactions and Refund instructions are routed for authorisation and settlement;
“Additional Charges” means any charges, other than the Charges, payable by you under this Agreement;
“Agreement” means the contents of this document in its entirety and any permitted additions and amendments;
“Airtime Services” means provision of a SIM Card and connectivity to the Network;
“Card” means a current and valid credit, debit or charge card that may be accepted for processing under the terms of this Agreement;
“Cardholder” means the individual holder of a Card;
“Charges” means any and all of the charges detailed in this Agreement;
“Consumables” means batteries, paper rolls, printer ink or cartridges, all power and other accessories required or desired for operation of the Payment Terminal which must be approved by us;
“Paymentplus” means Gateway Merchant Services Limited a company registered in Ireland with the registered number Ireland 501551 and having its registered office at Unit F2 Nutgrove Office Park, Rathfarnham, Dublin 14, trading as Paymentplus;
“Inclusive Allowance” means 2 Megabytes of data per month;
“Merchant Processing Fee” means the charge associated with processing a Payment Transaction;
“Minimum Term” means the Minimum Term as shown on page three of this Agreement;
“Network” means the communication network to which the SIM Card is connected;
“Payment Terminal” means the Payment Terminal(s) described in the Services Agreement, provided to you for the purpose of processing Payment Transactions or Refunds and subject to the terms of this Agreement including (inter alia) those set out in Clause 5 below;
“Payment Transaction” means a Card transaction processed with the intention of a Cardholder incurring a liability resulting in monies being received from the Card issuer to your Acquirer and credited to your bank account;
“Paymentplus PCI DSS Programme” means the self -assessment program which enables you to become compliant with the mandatory PCI DSS requirements.
“Personal Information” means any information relating to an identified or identifiable natural person, whether supplied by you for processing by us or whether generated by us in the course of performing our obligations. This information may include some or all of the following information: Cardholder name and all data encoded on a Cardholder’s Card
“PCI Administration Fee” This is a monthly recurring fee which is charged to Merchants who are enrolled in the Paymentplus PCI DSS Programme.
“Qualifying Merchant” means a merchant who has an agreement with Paymentplus and is eligible for Services, as solely determined by us;
“Refund” means a Card transaction which has been processed with the intention of monies being remitted to the Cardholder’s Card account;
“Services” means the services provided under this Agreement including without limitation the Airtime Services and Payment Terminal support services set out in Section 2;
“Services Agreement” means the document titled Services Agreement that includes the schedule of Services and Charges read and signed by you;
“SIM Card” means the card used with a Payment Terminal which uses a mobile Network to route Transactions;
“Territory” means Ireland;
“Transaction” means a single Payment Transaction or Refund between you and the Cardholder.
Terms and Conditions
Terms and Conditions of Use of Paymentplus Website
1. Scope and Charges
1.1 Where required by you, Paymentplus will introduce you to an Acquirer and will facilitate you in entering into an agreement directly with said Acquirer for Acquirer services (“Acquirer Agreement”). Notwithstanding that Paymentplus have made the introduction and facilitated you entering into an Acquirer Agreement, and may receive commission(s) from the Acquirer, the Acquirer Agreement shall be solely an agreement between you and the Acquirer and shall form no part of this Agreement nor shall Paymentplus have any responsibility for any matter arising under the Acquirer Agreement.
1.2. If we are satisfied that you are a Qualifying Merchant and we agree to provide you with the Payment Terminal(s) and the Services, in accordance with this Agreement.
1.3. The Payment Terminal and SIM Card are provided to you for the purpose of effecting Payment Transactions or Refunds (and for no other purpose) and shall remain our property at all times.
1.4. You agree to pay the Charges set out as due in the Services Agreement. You accept these terms and conditions when you sign the Services Agreement. You will pay us VAT if applicable on any sums due under this Agreement at the prevailing rate from time to time. There will be an additional service charge, in relation to the Airtime Service, at the rate of €3.50 per MB or part thereof when the Inclusive Allowance is exceeded in any one month and if used, circuit switched data (gsm fall back) at a rate of €0.95 per minute (“Additional Airtime Services”). For the purposes of this Clause, the monthly periods are deemed to commence on the date of this Agreement and shall not be calendar months. Any Additional Airtime Services charges will be invoiced and become due the following month and will be collected together with the next regular payment falling due.
1.5. There will be an additional service charge of €30.00 for re-activation of the SIM Card (if provided) for whatever reason which will be invoiced and become due the following month and will be collected together with the next regular payment falling due.
1.6. You must pay all Charges detailed in this Agreement by direct debit on the due date and prompt payment is a condition absolute of this Agreement. If Charges or other sums are not paid when due, we can suspend or terminate some or all of any Services (including barring the SIM Card (if provided)) and or charge you interest on any sums due to us under this Agreement but unpaid at 2% per month from the due date to the date of payment, such interest to run day to day and after as well as before any judgement, with a minimum charge of €5.00. These rights are in addition to any other legal rights we may have, which we may also rely upon.
1.7. You will pay the Charges applicable as due during the lifetime of this Agreement whether or not you use the Payment Terminal or Services.
1.8. After the end of the Minimum Term, the Agreement shall continue unless terminated in accordance with Section 6.
1.9. If you begin paying by direct debit but subsequently change from this payment method, we will increase your Charges by 5% to cover our increased administration costs without prejudice to our other rights and remedies.
1.10. If you cancel a direct debit without telling us and/or your bank requests us to refund a payment that we have collected by direct debit, we will make a charge of €50.00.
1.11. If you miss a direct debit payment we will make a charge of €15.00 per incident.
1.12. You must not record or pass to any third party any Personal Information other than as permitted by the terms of this agreement.
1.13. Any transactions made on a SIM Card (if provided) outwith the Territory, shall incur variable itemised charges in addition to the Charges and shall be collected together with the next regular payment falling due.
1.14. You must comply with the Payment Card Industry Data Security Standards (PCI DSS) requirements by completing the relevant questionnaire as described by the PCI Security Standards Council (pcisecuritystandards.org). You will automatically be enrolled in the Paymentplus PCI DSS Programme to enable you to become compliant and will be subject to the relevant PCI Administration Fee as set out in the Service Packages and Terminals section. Enrolment in the Paymentplus PCI DSS Programme itself does not make you compliant and does not make you exempt from the Acquirers relevant non-compliance fees. You must successfully complete the self-assessment and upload your certificate of attestation from the Paymentplus PCI DSS Programme to your Acquirer to mitigate any Acquirer non-compliance fees.
2.Services
2.1. We agree:
2.1.1. if required for the operation of a mobile Payment Terminal, to supply and fit a SIM Card into the mobile Payment Terminal and to arrange connection to a mobile Network; you will use the SIM Card only for making Payment Transactions using the Payment Terminals. We have no liability for any failures or outages of the Airtime Services Network as these are beyond our control. We will replace any SIM Card which is not working on request.
2.1.2. to configure the Payment Terminal with software for the processing of Payment Transactions or Refunds by any Card (i) capable of being accepted by you under the terms of your agreement with an Acquirer and (ii) that has been certified by us with such Acquirer;
2.1.3. to provide software upgrades from time to time; and
2.1.4. to provide a helpdesk services shown here paymentplus.ie/support, as advice bureau for operational difficulties;
2.1.5. that in addition to the helpdesk service set out in 2.1.4, if the Payment Terminal develops a fault, we will, unless prevented by circumstances outside our control, provide a replacement Payment Terminal within two working days. You acknowledge that this target response time is our service level goal and we do not warrant that any particular replacement shall be within two working days. Any replacement Payment Terminal shall be provided configured for your use and will be of a similar or improved specification but may be new or refurbished.
2.1.6. Theft, Loss or Accidental Damage of the payment Terminal is covered only if optional Service Level 2 on the Service Packages and Terminals section has been included in the agreement. This cover will be nullified by any breach of section 3 hereunder or prohibited action as described in Section 3 taking place. In the absence of enhanced cover we may charge for the repair of damage to terminals. Unless covered by enhanced cover we may charge for the repair of damage to terminals existing on expiry or termination; malicious damage or damage caused by misuse will be charged for as it is expressly not covered by the enhanced services.
2.2. In addition to the inclusive helpdesk and Service described in this clause, but subject to the conditions below, “Enhanced Accidental Damage Service” (if selected) shall include the following additional Services;
2.2.1. Level 1 Repair Option– includes accidental damage to the Payment Terminal (not including Consumables); or
2.2.2. Level 2 Repair Option – includes accidental damage, loss and theft of the Payment Terminal (not including Consumables).
2.2.3. Services provided under 2.2.1 and 2.2.2 are subject to the following specific conditions:
2.2.3.1. A replacement Payment Terminal will be of the same or improved specification to that damaged, lost or stolen and may be new or refurbished;
2.2.3.2. Your report to Us of the theft or loss must be in writing, on the headed paper of Your business and contain full details of the date, time and circumstances of the theft or loss, together with a Garda crime reference number in the case of theft and made as soon as practicable after the event;
2.2.3.3. Replacement of the Payment Terminal under 2.2.1 and 2.2.2 shall be limited to no more than one occasion in any 2-year period, and is subject to you having made and continuing to make for the duration of the Agreement all due payments under this Agreement including the applicable enhanced service fees.
3. Service Limitations
3.1. From time to time routing for Card authorisations and Payment Transactions or Refunds to and from your Acquirer may be affected by things beyond our control, including (inter alia) the availability or quality of the Network, Acquirer’s system and any other intermediate transaction processing system. We shall not be liable for any non-availability or deterioration of technical quality of the routing for Card authorisations and Payment Transactions or Refunds to and from your Acquirer as these are beyond our control.
3.2. We hereby grant you a non-transferable, revocable, non-exclusive licence to execute the software in the Payment Terminal in the Territory for the purposes in Section 1.3 only, but you shall not copy, adapt, modify, develop, add to or in any way alter the software.
3.3. The Payment Terminals are made available subject to:
3.3.1. any software, upgrades or other intellectual property relating to the Payment Terminal not being copied, adapted, modified, developed, added to, altered in any way or sub-licensed by you without our specific written consent obtained in advance;
3.3.2. Payment Terminals not being used for or to access anything illegal, immoral or improper;
3.3.3. SIM Cards being used only with the Payment Terminal for use with the Network and all relevant laws and regulations being followed;
3.3.4. Payment Terminals being used only for the purposes of processing Payment Transactions or Refunds and no other purpose;
3.3.5. the SIM Card (if provided) not being used for any other purpose or otherwise modified or removed from the Payment Terminal;
3.3.6. all reasonable instructions that we may give you being followed;
3.3.7. where applicable, the Payment Terminal being in range of base stations forming part of the Network.
3.4. Your payment obligations shall not be affected by the unavailability of the Airtime Services.
3.5. You may not transfer any SIM Card from one Payment Terminal to another or to any other mobile telecommunications device.
3.6. We reserve the right to alter the mobile Network provider at any time and any consequent variation to the Charges shall be notified to you by us giving you not less than 1 calendar months’ notice.
3.7. Any SIM Card delivered to you shall at all times remain our property or that of the SIM Card provider.
3.8. We can at our discretion and without notice disconnect your SIM Card (if provided) from the Network:
a) in the event of loss or theft or if we have reasonable cause to suspect fraudulent use of your SIM Card; or
b) if you do anything or permit anyone else to do anything which we or the Network provider reasonably think may adversely affect the Network and in addition we and the Network provider have the option of discontinuing service partially or in its entirety under this contract.
4. Exclusions of Liabilities
4.1. We are only liable to you as set out in this Agreement. We have no other duty or liability to you in law except nothing in this Agreement removes or limits our liability for death or personal injury caused by our negligence or any other liability that cannot be limited or excluded by law.
4.2. Except as set out in Clause 4.1 our entire liability to you arising as a result of this Agreement whether in tort, for breach of contract, for breach of statutory duty or otherwise will be limited to the Charges paid by you to us in the current calendar year for the Services which is the subject matter of the claim.
4.3. We shall have no liability to you in any way for any loss of income, business or profits, loss or corruption of data, or any indirect, consequential, special or punitive damages and losses even if advised of the possibility of the same.
4.4. We will not be liable to you if we cannot carry out our duties or provide our services because of something beyond our control.
4.5. We shall have no liability to you for any damage or fault caused by the failure of communication networks that are beyond our control, including but not limited to any internet connection.
4.6. In no event shall we be liable for the quality, content or accuracy of the information received through or as a result of the use of the Services.
4.7. We shall have no liability to the extent any failure or problem of the Payment Terminal is caused by (a) use of any attachment, hardware, software or device used in connection with the Payment Terminal which has not been supplied by us(b) misuse of the Payment Terminal or any use of the Payment Terminal that is not in accordance with this Agreement or our instructions or (c) failure to provide a suitable installation or operating environment for all or any part of the Payment Terminal.
4.8. We shall have no liability in relation to any breach by you of anything in Section 3.
4.9. We shall have no liability for any failure of the Payment Terminal caused by use of Consumables not approved by us.
4.10. All numbers in any way relating to the SIM or Network allocated by us to you for use on the Network or otherwise are and shall remain at all times our property and you shall not be entitled to use such numbers after termination of this Agreement. We reserve the right to reallocate or change any such numbers during the term of this Agreement and shall have no liability to you on account of any such change.
4.11. We shall have no liability for any loss, damage or fault whatsoever arising out of your failure to comply with any of the obligations set out in Clause 5 of this Agreement.
4.12. We shall have no liability in relation to the acts or omissions of any third party including without limitation any fraudulent acts or omissions of any such third party.
5. Your Other Obligations
5.1. You shall allow us reasonable access to inspect the Payment Terminal.
5.2. You hereby agree throughout the duration of this Agreement:
5.2.1. to use the Payment Terminal and (if provided) the SIM Card in accordance with any operating instructions only for the purpose of effecting Payment Transactions or Refunds in accordance with our instructions; and
5.2.2. to keep the Payment Terminal in good repair and condition and save as provided for herein, except in so far as you may be covered under Service Level 1 or 2, to be responsible for any loss or damage to it and not to remove any identifying marks. If the Payment Terminal breaks down and cannot be repaired, you must accept an equivalent replacement and at all times continue paying without interruption or credit for downtime the Charges due under this Agreement; and
5.2.3. to insure the Payment Terminal for loss or damage for its full replacement value, except in so far as you may be covered under Service Level 1 or 2 or otherwise indemnify us against the full cost of repair or replacement and you will be liable to pay our applicable charges from time to time if the Payment Terminal or any replacement cable is damaged or destroyed; and
5.2.4. to keep the Payment Terminal and (if provided) the SIM Card in your own possession in the Territory and not to alter, sell, lend or otherwise deal with it nor to purport to allow any charge or lien or similar right to be created over it; and
5.2.5. to comply with all relevant legislation or recommendations by ComReg or any other relevant body including any Network provider; and
5.2.6. to indemnify and keep us fully indemnified at all times against all losses, actions, claims, demands, costs or expenses arising directly or indirectly from the use, possession, operation, condition or maintenance of the Payment Terminal or your failure to carry out any obligation under this Agreement.
5.3. All risks in respect of the Payment Terminal shall at all times rest with you until possession of the Payment Terminal is retaken by us
5.4. You agree that any request for a replacement terminal due to loss or theft shall be made to us in writing on the headed paper of Your business and contain full details of the date, time and circumstances of the loss or theft, and be accompanied by a Garda crime reference number and be made as soon as practicable after the loss or theft has taken place.
5.5. You agree that we are providing the SIM Card and the Payment Terminal solely for your own use within your business only and that you will not re-sell or otherwise act as any form of distributor in respect of the SIM Card or the Payment Terminal.
5.6. You shall ensure that the Payment Terminal (and SIM Card if provided) is kept in good and proper working condition (fair wear and tear excepted) and shall use and care for the Payment Terminal (and SIM Card if provided) in accordance with any supporting user manuals, documentation and instructions as may be provided by us from time to time.
5.7. You shall return the Payment Terminal and (if provided) the SIM Card at your expense to us on the expiry or termination of this Agreement in the same condition as at the commencement of the Minimum Term (fair wear and tear excepted) and at such place as we shall require. Unless covered by enhanced cover we may charge for the repair of damage to terminals existing on expiry or termination; malicious damage or damage caused by misuse will be charged for as it is expressly not covered by the enhanced services.
6. Termination
6.1. Either party can terminate this Agreement at any time after expiry of the Minimum Term, by the giving of three months’ notice in writing to the other party.
6.2. Either party can terminate this Agreement at any time before expiry of the Minimum Term, by the giving of three months’ notice in writing to the other party expiring not later than the final day of the minimum period.
6.3. If you terminate this Agreement at any time before expiry of the Minimum Term, you shall be liable to pay the sums set out in Clause 7.1.
6.4. We can terminate this Agreement immediately and recover possession of the Payment Terminal and SIM Card (if applicable) if any of the following happens:
6.4.1. If you fail to pay any Charges or other sums due under this Agreement when due or breach any condition of this Agreement; or
6.4.2. If you breach any condition of this Agreement and where the breach is capable of being remedied, you fail to remedy it to our reasonable satisfaction within 7 days of our asking you to; or
6.4.3. If you become bankrupt or make any arrangement with your creditors or are liquidated or have an Administrator or receiver appointed or suffer any other form of insolvency event; or
6.5. If you are unable to pay your debts as they fall due; or
6.6. if you are a body corporate and there is a change of control of ownership of your issued share capital resulting in a third party holding 50% or more of your issued shares.
6.7. We may terminate this Agreement if you cease to be a Qualifying Merchant.
7. Consequences of Termination
7.1. On termination of this Agreement, you shall pay us as a debt due all Charges due and unpaid at the date of termination together with any interest thereon payable under Clause 1.8 above, and a €20 each per SIM Card (if provided) cancelation charge, without prejudice to our other rights or remedies in relation to any breach by you of this Agreement; and in addition
7.1.1. If you terminate this Agreement under Clause 6.2 within the first 12 months of the Minimum Term and it is your first Agreement with us, you shall pay us as a debt due a set termination fee of €170 each per Payment Terminal and a €20 each per SIM Card (if provided) cancellation; or
7.1.2. If you terminate this Agreement under Clause 6.2 after the initial 12 month period but within the Minimum Term, you shall pay us as a debt due all Charges which would have been applicable but for termination between the date of termination and the expiry of the Minimum Term and a €20 each per SIM Card cancellation charge (where appropriate).
7.2. On termination you must return the Payment Terminal as set out in Clause 5.7.
8. Variations in Charges
8.1. Any change to the applicable rate of VAT and/or changes to Government Legislation or Law in the territory or within the EU shall result in a change to the Charges payable when stipulated by such change.
8.2. For the purpose of taxation or for any other purpose and irrespective of the accounting treatment to be adopted by you, you are not entitled to claim capital allowances on the Payment Terminal.
9. Miscellaneous
9.1. If you are more than one person, each person shall be jointly and severally liable under this Agreement.
9.2. You may not assign, mortgage, charge or sub-let neither this Agreement nor any of the rights hereunder.
9.3. You are responsible for providing all Consumables necessary for the operation of the Payment Terminal provided hereunder. You are responsible for replacing any re-chargeable batteries in the Payment Terminal when needed.
9.4. You must advise us in writing about any change in the address or contact or business details supplied to us particularly in relation to the bank accounts into or out of which your monies or charges move under the agreement.
9.5. You must comply with all and any requests for information by any regulator in respect of the Payment Terminal.
9.6. Any concession or extra time that we allow you only applies to the specific circumstances in which we give it. It does not affect our rights under this Agreement in any other way.
9.7. Irish law will apply to this Agreement and any disputes will be settled in the courts of Ireland We shall be entitled to raise proceedings in any court of competent jurisdiction.
9.8. Personal Information will be held and processed strictly in accordance with the General Data Protection Regulation (GDPR) under the legal basis of contractual necessity. We may use and share your information in accordance with the conditions laid out in this agreement and our Data Protection Policy, which can be found here: https://paymentplus.ie/data-protection-notice
9.9. You must not record or pass to any third party any Personal Information other than as permitted by the terms of this Agreement.
9.10. This Agreement does not confer any benefit on any third party.
9.11. Failure by a party to enforce rights under this Agreement shall not prevent that party from taking further action.
9.12. We may subcontract our obligations under this Agreement or any of them.
9.13. This Agreement supersedes all prior arrangements, understandings and agreements between the parties relating to the provision of the Services and sets out the entire agreement between the parties in respect of its subject matter. Neither party has relied on any representation, arrangement, understanding or agreement (whether written or oral) not expressly set out in this Agreement.
9.14. The fact that we do not claim at any time any one of the present general terms and conditions shall not be interpreted as a waiver of a later exercise of such a condition. In the event that any term or condition in this Agreement shall be determined to be void or unenforceable in whole or in part for any reason whatsoever, such unenforceability or invalidity shall not affect the enforceability or validity of the remaining terms or conditions or parts thereof contained in this Agreement and such void or unenforceable terms or conditions shall be deemed to be severable from any other terms or conditions or parts thereof herein contained. In the event that any of the terms or conditions herein contained be held unreasonable by reason of the area duration or type or scope of service covered by the said term or condition then the said term or condition shall be given effect in its reduced form as may be decided by any court of competent jurisdiction. You hereby acknowledge and agree that all of the restrict
9.15. You shall, at our request and at no cost to us, execute such documents and do or procure the doing of such acts and things as we may reasonably require for the purpose of giving us the full benefit of all the provisions of this Agreement.
9.16. This Agreement may be modified by us and we undertake to notify you when modifications are made.
9.17. We may assign or transfer our rights under this Agreement to another party (“Assignee”) without your consent. If we assign or transfer all or any of our rights under this Agreement you will pay all Charges relating to the Services so assigned to the Assignee without deduction, set-off or counterclaim irrespective of whether or not you are using the Payment Terminal or for any reason whatsoever. The Assignee will have no obligations to you under this Agreement or unless otherwise agreed in writing by us, the Service Provider, and the Assignee whether in relation to the Payment Terminal and/or the Services described in Section 2.
9.18. This Agreement may be signed by you and by us by way of electronic signature.
10. Gateway related terms and conditions
10.1. For all gateway and gateway related services the terms and conditions located at https://paymentplus.ie/ppg-merchant-irl-v1-0
11. Paymentplus EPOS
11.1. Where you make use of Paymentplus EPOS services under this Agreement the following additional licence and support terms also apply: https://paymentplus.ie/epos/terms-and-conditions. In the event of any conflict between those licence and support terms and the terms of this Agreement the licence terms will prevail in relation to the EPOS software and services.