Terms & Conditions

Effective Date: August 25, 2026

Welcome to PhoenixPay Solutions LLC.

These Terms & Conditions explain the rules that apply when you visit, communicate with, or interact with PhoenixPay Solutions LLC through our websites, forms, scheduling tools, secure intake systems, email, text messaging, telephone communications, or other business channels.

These Terms apply to websites, landing pages, subdomains, forms, portals, and other online pages operated by PhoenixPay Solutions LLC, including:

  • phoenixpayhq.com

  • phoenixpaysolutions.com

By using our websites, submitting information, scheduling a call, requesting information or a quote, or otherwise interacting with PhoenixPay Solutions LLC, you agree to these Terms.

If you later enter into a separate written agreement relating to payment processing, financing, software, equipment, or another service, that agreement will control if it conflicts with these website Terms.

1. About PhoenixPay Solutions LLC

PhoenixPay Solutions LLC provides business-to-business consulting, payment-processing solutions, technology recommendations, financing referrals, software integrations, and related business services.

Depending on the service requested, we may work with independent payment processors, acquiring banks, underwriting teams, software providers, equipment providers, lenders, referral partners, and other third parties.

PhoenixPay Solutions LLC is not a bank, card network, acquiring bank, or lender.

2. Website Use Does Not Create a Client Relationship

Visiting our website, submitting a form, requesting information, receiving a quote, scheduling a call, or communicating with PhoenixPay Solutions LLC does not by itself:

  • Create a client relationship

  • Create a contractual relationship

  • Guarantee that PhoenixPay will accept you as a client

  • Guarantee approval for payment processing, financing, software, equipment, or any other product or service

  • Guarantee pricing, rates, savings, features, or availability

A formal relationship may require additional review, underwriting, approval, documentation, and signed agreements.

3. Eligibility and Authority

Our services are intended primarily for businesses and individuals who have the legal authority to enter into business agreements.

By providing information to PhoenixPay or requesting services, you represent that:

  • You are legally permitted to provide the information submitted

  • You have authority to act on behalf of the business when applicable

  • The information you provide is accurate and not misleading

  • You have the legal capacity to enter into any agreement you choose to sign

PhoenixPay does not knowingly enter into merchant-processing or similar business agreements with individuals who lack legal capacity to contract.

4. Underwriting and Final Approval

PhoenixPay will make reasonable efforts to help prospective clients prepare for underwriting, identify potential issues, communicate with underwriting teams, and pursue a successful outcome.

However, PhoenixPay does not control final underwriting decisions.

Final approval, denial, conditions, reserves, limits, pricing, funding terms, processing restrictions, or onboarding decisions may be made by:

  • Payment processors

  • Acquiring banks

  • Underwriters

  • Financial institutions

  • Lenders

  • Other third-party providers

PhoenixPay cannot guarantee approval, boarding, funding, pricing, timing, or any particular underwriting outcome.

5. Accurate and Complete Information

You are responsible for providing accurate, complete, and current information when communicating with PhoenixPay or applying for products or services.

This includes information relating to:

  • Business ownership

  • Processing history

  • Sales volume

  • Banking

  • Financial condition

  • Products or services sold

  • Business operations

  • Prior processing relationships

  • Legal or regulatory matters

  • Any other information requested for underwriting or account setup

PhoenixPay is not responsible for delays, denials, losses, increased costs, account restrictions, or other consequences caused by false, inaccurate, incomplete, outdated, or misleading information provided by you or on your behalf.

6. Pricing, Rates, Programs, and Product Information

Information displayed or discussed regarding pricing, rates, equipment, processing programs, software, financing, or other products and services is provided for general informational purposes unless specifically included in a final written agreement.

Pricing, product availability, program features, and terms may change.

Changes may occur because of decisions or requirements imposed by:

  • Payment processors

  • Acquiring banks

  • Card brands

  • Financial institutions

  • Software providers

  • Equipment providers

  • Lenders

  • Government agencies

  • Regulators

  • Courts

  • Changes in applicable law

  • Industry rules or network requirements

Some of these changes may be outside PhoenixPay's control.

PhoenixPay will make reasonable efforts to communicate material changes affecting a client when we are aware of those changes and reasonably able to do so.

Final pricing and contractual terms are governed by the applicable signed agreement.

7. Card Brand, Interchange, and Pass-Through Costs

Certain processing costs may be established by card brands, networks, financial institutions, or other third parties rather than PhoenixPay.

These costs may include interchange, assessments, network fees, regulatory charges, or similar pass-through costs.

Such costs may change independently of PhoenixPay and may affect a merchant's overall processing expense.

8. Estimates, Savings Comparisons, and Projections

PhoenixPay may provide estimates, cost comparisons, savings analyses, fee reviews, projections, or examples to help businesses evaluate available options.

These are estimates only.

Actual results may vary based on factors including:

  • Processing volume

  • Transaction size

  • Card type

  • Interchange qualification

  • Payment method

  • Customer behavior

  • Business type

  • Chargebacks or refunds

  • Processor pricing

  • Card-brand changes

  • Third-party program terms

  • Changes in law or regulation

No estimate, projection, or comparison should be interpreted as a guarantee of future savings, revenue, approval, or performance.

9. Third-Party Products, Providers, and Recommendations

PhoenixPay may recommend or introduce third-party providers when we believe they may be useful to a client or prospective client.

These may include:

  • Payment processors

  • Software platforms

  • Equipment providers

  • Lenders

  • Accountants

  • Attorneys

  • Insurance professionals

  • Marketing providers

  • Technology providers

  • Other business professionals

PhoenixPay uses good-faith judgment when making recommendations and considers the information available at the time.

We will make reasonable efforts to anticipate potential concerns, help facilitate communication, and assist with resolving issues when possible.

However, PhoenixPay cannot know or control every circumstance.

Independent third parties are responsible for their own products, services, decisions, pricing, conduct, availability, performance, security, and contractual obligations.

PhoenixPay does not guarantee the performance or outcome of any third-party relationship.

10. Financing

All financing programs offered or introduced through PhoenixPay are provided by independent third-party providers.

PhoenixPay Solutions LLC is not a lender and does not make credit or underwriting decisions for financing programs.

Financing may be subject to:

  • Credit review

  • Business performance requirements

  • Underwriting

  • Documentation

  • Lender criteria

  • Separate terms and agreements

PhoenixPay cannot guarantee:

  • Approval

  • Funding amounts

  • Rates

  • Fees

  • Repayment terms

  • Funding speed

  • Continued program availability

Any financing agreement is between the applicant and the applicable third-party provider.

11. Software, Integrations, and Technology

PhoenixPay may recommend, assist with, or facilitate access to payment software, gateways, integrations, CRM systems, invoicing platforms, websites, mobile payment tools, or other technology.

Third-party technology may experience:

  • Outages

  • Downtime

  • API changes

  • Compatibility problems

  • Security incidents

  • Feature changes

  • Pricing changes

  • Discontinued integrations

PhoenixPay may assist with troubleshooting or coordination when reasonably possible, but cannot guarantee continuous availability or performance of systems controlled by third parties.

12. Client Responsibility to Review Agreements

PhoenixPay may explain products, pricing, fees, processing structures, software, equipment, financing programs, or contract terms to help clients make informed decisions.

However, clients are responsible for reviewing all agreements, schedules, disclosures, pricing documents, and program terms before signing.

PhoenixPay's explanations are intended to assist with understanding and do not replace the written agreement.

If there is a conflict between a verbal explanation, website statement, informal communication, or summary and the final signed agreement, the signed agreement controls.

13. No Legal, Tax, Accounting, or Investment Advice

PhoenixPay Solutions LLC does not provide legal, tax, accounting, investment, or other licensed professional advice.

General information shared through our website, communications, educational materials, or conversations is provided for informational and business-planning purposes only.

When appropriate, PhoenixPay may recommend or introduce an independent professional who provides those services.

Any professional referred by PhoenixPay is responsible for their own advice, services, licensing, recommendations, and professional obligations.

14. Testimonials and Case Studies

Testimonials, case studies, savings examples, and client success stories describe individual experiences.

They are not guarantees that another business will achieve the same result.

Every business is different, and results may vary based on processing activity, pricing, transaction mix, business operations, customer behavior, provider decisions, and other circumstances.

15. Electronic Communications and Electronic Signatures

You agree that PhoenixPay may communicate with you electronically when appropriate.

Electronic communications may include:

  • Email

  • Text messaging

  • Online forms

  • Secure portals

  • Electronic documents

  • Electronic signatures

To the extent permitted by applicable law, electronic records and electronic signatures may have the same legal effect as paper documents and handwritten signatures.

Separate agreements may contain additional electronic-signature or communication terms.

16. Account and Information Security

If you receive access to a secure form, portal, login, intake link, or other protected resource, you are responsible for safeguarding that access.

You should not knowingly share secure credentials with unauthorized individuals.

You agree to notify PhoenixPay promptly if you suspect:

  • Unauthorized access

  • Compromised credentials

  • Fraudulent activity

  • Misuse of a secure link

  • A potential security incident

PhoenixPay may suspend or restrict access when reasonably necessary to protect security, users, systems, or information.

17. Website Accuracy and Corrections

We make reasonable efforts to keep website information accurate and current.

However, websites can contain:

  • Typographical errors

  • Outdated information

  • Incorrect pricing

  • Broken links

  • Technical errors

  • Product descriptions that have changed

  • Information that has become inaccurate because of third-party changes

PhoenixPay may correct, update, or remove information at any time.

An obvious error or outdated statement does not create a binding obligation.

If you notice an error, outdated information, or possible oversight, we encourage you to contact us so we can review and correct it.

Email:

[email protected]

18. Changes to Products, Programs, and Services

PhoenixPay may modify, suspend, replace, or discontinue website features, services, offers, programs, content, or other business offerings when appropriate.

Products or programs provided through third parties may also be changed, limited, suspended, or discontinued without PhoenixPay's control.

Where reasonably possible, PhoenixPay will make efforts to communicate material changes that directly affect an existing client.

19. Prohibited Uses

You may not use PhoenixPay's websites, forms, email addresses, telephone numbers, portals, communications channels, or systems to:

  • Send spam or unsolicited bulk communications

  • Submit fraudulent or misleading inquiries

  • Use bots or automated systems to submit forms

  • Scrape or harvest information

  • Attempt unauthorized access

  • Circumvent security controls

  • Introduce malware or malicious code

  • Interfere with website or system operation

  • Impersonate another person or business

  • Harass, threaten, or abuse others

  • Submit intentionally false information

  • Engage in fraud or unlawful activity

  • Use PhoenixPay systems in a way that creates unreasonable operational or security burdens

PhoenixPay may block, filter, restrict, reject, suspend, or report activity that appears abusive, automated, fraudulent, malicious, unlawful, or harmful.

20. Right to Refuse Service

PhoenixPay reserves the right to decline to work with a prospective client or discontinue a prospective business relationship when reasonably appropriate.

Reasons may include:

  • Business type

  • Risk profile

  • Conduct

  • Requested services

  • Compliance concerns

  • Fraud concerns

  • Inaccurate information

  • Abusive behavior

  • A conflict of interest

  • A relationship that PhoenixPay reasonably determines is not a good fit

Nothing on our website requires PhoenixPay to accept any person or business as a client.

Existing contractual relationships remain subject to the termination provisions contained in the applicable signed agreements.

21. Suspension or Termination of Access

PhoenixPay may suspend, restrict, or terminate access to websites, forms, portals, communication channels, or other systems if we reasonably believe there is:

  • Fraud

  • Abuse

  • Unauthorized access

  • A security risk

  • Unlawful activity

  • A violation of these Terms

  • Conduct that threatens PhoenixPay, our clients, our providers, or our systems

We may take reasonable steps to investigate or protect against suspected misuse.

22. Intellectual Property

Unless otherwise stated, original content created and owned by PhoenixPay Solutions LLC may include:

  • Logos

  • Branding

  • Graphics

  • Website designs

  • Written content

  • Educational materials

  • Guides

  • Marketing materials

  • Videos

  • Presentations

  • Business resources

  • Other original materials

These materials may not be copied, reproduced, republished, distributed, modified, sold, or commercially reused without permission.

Third-party names, logos, trademarks, and copyrighted materials belong to their respective owners.

Nothing on our websites grants ownership rights to PhoenixPay intellectual property or third-party intellectual property.

23. Third-Party Websites and Links

Our websites may contain links to third-party websites, platforms, applications, or services.

Those third parties operate independently from PhoenixPay.

PhoenixPay is not responsible for:

  • Their website content

  • Privacy practices

  • Security

  • Terms

  • Availability

  • Products

  • Pricing

  • Statements

  • Performance

You should review the applicable policies and agreements before using a third-party service.

24. Limitation of Liability

To the fullest extent permitted by applicable law, PhoenixPay Solutions LLC will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages arising from or related to the use of our website, communications, recommendations, services, or third-party relationships.

This may include damages relating to:

  • Lost profits

  • Lost revenue

  • Business interruption

  • Loss of data

  • Lost opportunities

  • Processor outages

  • Banking delays

  • Software failures

  • Internet interruptions

  • Third-party decisions

  • Underwriting denials

  • Financing decisions

  • Service disruptions

Nothing in these Terms excludes liability that cannot legally be excluded under applicable law.

A separate signed agreement may contain additional limitations of liability that apply to a particular product or service.

25. Indemnification

To the extent permitted by law, you agree to indemnify and hold harmless PhoenixPay Solutions LLC and its owners, employees, contractors, and representatives from claims, damages, liabilities, losses, costs, or expenses arising from or related to:

  • False, misleading, or incomplete information you provide

  • Your unlawful conduct

  • Fraudulent activity

  • Misuse of PhoenixPay systems or communications

  • Your violation of these Terms

  • Your violation of applicable law

  • Your violation of a third-party agreement

  • Conduct by you that causes PhoenixPay to incur liability to another party

This obligation applies to interactions and communications with PhoenixPay, not solely to use of our website.

Nothing in this section requires you to indemnify PhoenixPay for conduct for which indemnification cannot legally be required.

26. Force Majeure

PhoenixPay is not responsible for delays, interruptions, or failures caused by circumstances beyond our reasonable control.

These may include:

  • Internet or telecommunications outages

  • Payment-network disruptions

  • Processor failures

  • Bank interruptions

  • Card-network outages

  • Software failures

  • Cyber incidents

  • Utility failures

  • Natural disasters

  • Severe weather

  • Government actions

  • Regulatory changes

  • Court orders

  • Labor disruptions

  • Public emergencies

  • Acts of war or terrorism

  • Other events beyond our reasonable control

PhoenixPay will make reasonable efforts to resume affected operations when circumstances permit.

27. Informal Dispute Resolution

Before filing a lawsuit or initiating arbitration, both parties agree to make a good-faith effort to resolve the dispute informally.

The party raising the dispute should provide written notice describing:

  • The issue

  • Relevant facts

  • The requested resolution

Notice to PhoenixPay should be sent to:

[email protected]

The parties agree to allow up to 60 days after written notice to attempt an informal resolution.

This requirement does not prevent either party from seeking immediate legal or equitable relief when reasonably necessary to protect rights, prevent imminent harm, preserve a legal deadline, or comply with applicable law.

28. Binding Arbitration

If a dispute cannot be resolved through the informal process described above, the parties agree that disputes arising from or relating to these Terms, website use, communications with PhoenixPay, or services provided by PhoenixPay will generally be resolved through binding arbitration, except where applicable law provides otherwise.

Arbitration is intended to provide a more streamlined alternative to court litigation.

Unless the parties agree otherwise, arbitration will be conducted under commercially reasonable arbitration rules appropriate to the dispute.

Remote Proceedings

Arbitration hearings will generally be conducted remotely by video conference, telephone, written submissions, or another reasonable remote method.

An in-person hearing may occur if:

  • Both parties agree

  • The arbitrator determines that an in-person hearing is reasonably necessary

  • Applicable law requires it

Small Claims

Either party may bring an eligible claim in small claims court instead of arbitration if the claim qualifies for that court and remains within its jurisdiction.

Emergency Relief

Either party may seek temporary, emergency, injunctive, or other equitable relief from a court when reasonably necessary to protect rights, confidential information, intellectual property, security, or property while a dispute is pending.

Separate Agreements

If a separately signed agreement between the parties contains its own dispute-resolution or arbitration provisions, the dispute provisions in that signed agreement will control for disputes governed by that agreement.

29. Governing Law

These Terms are governed by the laws of the State of Illinois, without regard to conflict-of-law principles, unless applicable law requires otherwise.

For disputes that are properly heard in court rather than arbitration, the parties agree that the matter may be brought in a court of competent jurisdiction in Illinois, subject to applicable law.

30. No Waiver

If PhoenixPay chooses not to enforce a provision of these Terms in one situation, that does not waive our right to enforce that provision later.

A waiver is effective only when clearly made by an authorized representative of PhoenixPay.

31. Severability

If any provision of these Terms is found to be invalid, unlawful, or unenforceable, the remaining provisions will remain in effect to the fullest extent permitted by law.

If reasonably possible, an unenforceable provision should be interpreted or modified in a way that most closely reflects its intended purpose while remaining lawful.

32. Changes to These Terms

PhoenixPay Solutions LLC may update these Terms from time to time as our:

  • Business evolves

  • Technology changes

  • Services change

  • Provider relationships change

  • Legal or regulatory obligations change

When we make changes, we will update the effective date at the top of this page.

Continued use of our websites or services after updated Terms are posted constitutes acceptance of the revised Terms to the extent permitted by applicable law.

Material changes affecting an existing contractual relationship may also be governed by the applicable signed agreement.

33. Privacy

Our collection and use of personal information is addressed separately in our Privacy Policy.

The Privacy Policy should be read together with these Terms.

34. Entire Website Agreement

These Terms, together with our Privacy Policy and any other policies specifically incorporated into them, represent the terms governing general use of PhoenixPay's websites and related interactions.

They do not replace separate merchant-processing agreements, financing agreements, software agreements, equipment agreements, underwriting documents, or other contracts entered into for specific products or services.

35. Contact

Questions about these Terms may be directed to:

PhoenixPay Solutions LLC
Email: [email protected]