Terms of Service

1. Acceptance of Terms

By accessing or using the services provided by Spartan Pay, a product of Spartan Media LLC ("Company," "we," "us," or "our"), you ("Merchant," "you," or "your") agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use our services.

These Terms constitute a legally binding agreement between you and Spartan Media LLC. We reserve the right to modify these Terms at any time. Continued use of our services after any changes constitutes your acceptance of the revised Terms.

2. Description of Services

Spartan Pay provides payment processing services that enable merchants to accept credit card, debit card, and other electronic payment methods. Our services are facilitated through our partnership with North (formerly PaymentsHub), a registered payment processor and acquirer.

Our services include, but are not limited to:

• Merchant account setup and onboarding via the North Merchant Boarding platform
• Credit and debit card payment processing
• Point-of-sale (POS) equipment and payment gateway access
• Transaction reporting and settlement
• Customer support for payment-related inquiries

Spartan Pay acts as an authorized agent of North for the purpose of merchant onboarding and ongoing support. The actual processing of payment transactions is performed by North and its banking partners.

3. Merchant Obligations

As a merchant using Spartan Pay services, you agree to:

• Provide accurate, complete, and current information during the onboarding process, including business details, owner information, and banking information
• Maintain compliance with all applicable laws, regulations, and card network rules (Visa, Mastercard, American Express, Discover)
• Not use the services for any illegal, fraudulent, or prohibited activities
• Maintain adequate security measures to protect cardholder data in accordance with PCI DSS (Payment Card Industry Data Security Standard) requirements
• Promptly notify us of any unauthorized transactions, security breaches, or changes to your business information
• Honor valid refund and chargeback requests in accordance with card network rules
• Display proper signage indicating accepted payment methods at your place of business

4. Fees and Billing

Spartan Pay charges a transaction fee of 2.9% per transaction processed through our platform. Additional fees may apply depending on your specific merchant agreement, including but not limited to:

• Monthly account maintenance fees
• PCI compliance fees
• Chargeback and retrieval fees
• Equipment rental or purchase fees (if applicable)
• Early termination fees (if applicable)

All applicable fees will be disclosed in your merchant agreement prior to account activation. Fees are deducted from your settlement funds or charged to your designated bank account on a monthly basis.

We reserve the right to modify our fee structure with at least 30 days' written notice. Your continued use of the services after the effective date of any fee changes constitutes acceptance of the new fees.

5. Data Handling

During the onboarding process and ongoing service delivery, we collect and process certain personal and business information. This includes business details, owner personally identifiable information (PII), banking information, and transaction data.

Your data is handled in accordance with our Privacy Policy, which is incorporated into these Terms by reference.

By using our services, you consent to the transmission of your business and owner information to North (formerly PaymentsHub) for the purpose of underwriting, merchant account creation, and ongoing payment processing. You also consent to the storage of application data in our secure database systems.

6. Settlement and Funds

Settlement of processed transactions is typically completed within 24 to 48 business hours, subject to the terms of your merchant agreement and North's processing schedule. Settlement times may vary based on transaction type, risk assessment, and banking partner availability.

We and/or North reserve the right to hold, delay, or withhold settlement funds in cases of suspected fraud, excessive chargebacks, violations of card network rules, or other risk concerns.

7. Refunds and Chargebacks

Merchants are responsible for maintaining their own refund policies, which must comply with applicable laws and card network rules. You are required to clearly disclose your refund policy to customers at the time of purchase.

In the event of a chargeback, you are responsible for providing documentation to dispute the chargeback within the timeframe specified by the card network. Chargeback fees will apply regardless of the outcome. Excessive chargebacks may result in additional fees, reserve requirements, or termination of your merchant account.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SPARTAN MEDIA LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND PARTNERS (INCLUDING NORTH) SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OUR SERVICES.

OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICES SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO SPARTAN PAY DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

We do not guarantee uninterrupted or error-free service. Payment processing services are provided "as is" and "as available" without warranties of any kind, whether express or implied.

9. Indemnification

You agree to indemnify, defend, and hold harmless Spartan Media LLC, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the services, your violation of these Terms, or your violation of any applicable law or third-party rights.

10. Termination

Either party may terminate the merchant relationship with written notice as specified in your merchant agreement. We reserve the right to suspend or terminate your account immediately and without notice if:

• You breach any provision of these Terms or your merchant agreement
• We suspect fraudulent, illegal, or unauthorized activity on your account
• Your chargeback ratio exceeds acceptable thresholds
• Required by law, regulation, or card network rules
• North or its banking partners revoke your merchant account

Upon termination, you remain responsible for all outstanding fees, chargebacks, and obligations incurred prior to termination. Any funds held in reserve will be released in accordance with the terms of your merchant agreement.

11. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of North Carolina, without regard to its conflict of law provisions. Any disputes arising out of or related to these Terms or your use of the services shall be resolved exclusively in the state or federal courts located in Guilford County, North Carolina.

Before initiating any legal proceedings, you agree to attempt to resolve any dispute through good-faith negotiation by contacting us at the address listed below.

12. Contact Information

If you have any questions about these Terms of Service, please contact us: