Product Terms (UK) 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 (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 POS Services
    1. Leasing of Rapyd Termina
      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.
      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 an annual 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 any merchant if we believe the merchant intends 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 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. Device Management and Software Updates. You acknowledge and agree that Rapyd will use third-party platform(s) to 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.
      7. 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.
      8. 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.
      9. Use of Third-Party Providers by Rapyd. You acknowledge that Rapyd use third-party providers for the device management,  support, maintenance and shipping, and you agree to their use as part of the Services, subject to applicable privacy and  security standards.
      10. Shipping. Rapyd will arrange for the delivery of the Rapyd Terminal to you at an address where we support the leasing of Rapyd Terminals. 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.
      11. Return of Rapyd Terminal. Upon termination or expiration of the lease term, you shall promptly return the leased Rapyd Terminal to Rapyd in good working condition, at your expense. Failure to return the Rapyd Terminal in a timely manner or in the required condition may result in additional charges payable to Rapyd.
      12. Replacement Services. Rapyd shall provide (a) telephone based technical support for the Rapyd Terminal during the hours between 8.00am to 11.00pm Monday to Saturday, and 9.00am to 5.00pm on Sundays at +44 20 3398 1076 for Customer Support or at 0808 204 0347 for Technical Support; and (b) replacement of a defective Rapyd Terminal within mainland UK, for a similar Rapyd Terminal configured for your use.
        The Replacement Service does not cover repair and replacement of the Rapyd Terminal arising from:

        1. loss or theft of Rapyd Terminals;
        2. faults or damage caused to the Rapyd Terminals or any part thereof through misuse, wilful neglect, normal wear and tear, malicious damage, scratching or other external marking of the external surfaces of the Rapyd Terminals;
        3. network outages, loss of external power supply, unauthorised repairs, fitting of any accessory not provided by us;
        4. damage or faults in respect of batteries or battery packs or to any third party device or attachment that is not part of the Rapyd Terminals not provided by Rapyd; or
        5. renewal of consumable supplies.
    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.
      2. Shipping and Returns. Rapyd will arrange for the delivery of the Rapyd Terminal to you at an address where we support the leasing or sale of Rapyd Terminals. 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. Device Management and Software Updates. You acknowledge and agree that Rapyd will use third-party platform(s) to 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.
      6. 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.
      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. Use of Third-Party Providers. You acknowledge that Rapyd use third-party providers for the device management, support, maintenance and shipping, and you agree to their use as part of the Services, subject to applicable privacy and  security standards.
      9. 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 any Merchant if we believe the Merchant intends 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.  Rapyd will by default process all Transactions online only. You may choose to enable Deferred Transactions which allows you to continue accepting payments during internet service interruptions.
    2. Limitations of  Deferred Transactions. You must ensure that you process all offline payments by re-connecting the Payment Device to the internet. You will not be able to cancel or refund Deferred Transactions. You may only issue a refund after completing any pending payments by reconnecting your Payment Device to the internet.
    3. Risks of Deferred Transactions. You agree that enabling Deferred Transactions, your integration may approve Transactions before funds for the goods and/or services sold by you, are received. This makes it possible that you will not receive the funds for the goods and/or services. You acknowledge that there is a higher risk that card fraud goes undetected. You further acknowledge that there is a risk that a Card will be declined, is invalid or stolen which you will only know when the Transaction has attempted processing online. You agree that you shall be responsible for any expired, declined, or disputed Deferred Transactions and you are fully liable for the risk of failed captures, Chargebacks, and Disputes relating to Deferred Transactions.
    4. Amount Limits. You need to set a transaction floor limit during the onboarding and before your integration can enable Deferred Transactions. Any Transaction for an amount exceeding such limit will always require online processing only or will be declined in case of connectivity issues.
  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 Tap to Pay providers may change the technical characteristics, legal terms and conditions, and/or the acceptance criteria under which the Tap to PayServices 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 Tap to Pay 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 Tap to Pay 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 Tap to Pay providers from time to time.
    4. Tap to Pay 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 Tap to Pay 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 Tap to Pay 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 merchant 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 Tap to Pay 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).
    1. Airtime Services.

 

  1. Applicability and availability.  Where applicable, Rapyd will offer to you the Airtime Services in accordance with these PDS Terms.  Rapyd reserves the right to determine whether it will offer Airtime Services to you based on the availability of this service in your location.
  2. We shall provide you with the use of a SIM Card and access to a mobile network from one of the UK mobile network providers. The SIM Card and phone number remain the property of the network provider. You are liable for the cost of replacement for any lost SIM Card and for all calls or data usage on the SIM Card. In the event of loss of the SIM Card, you should contact Rapyd as soon as possible to arrange cancellation.
  3. You agree that:
    1. the SIM Card is provided for us in the normal operation of the Rapyd Terminal only;
    2. you are responsible for checking there is mobile network coverage in the areas in which you plan to use the Airtime Services;
    3. your use of the mobile network is subject to the terms and conditions of the applicable network provider and that you will comply with any of the legislation covering the use of mobile networks. Full details of the specific terms and conditions may be found on the website of the network provider and in the Telegraphy Acts 1949 to 1967, the Telecommunications Act 1984 and the Communications Act 2003. These terms include but are not limited to (i) you shall not use, or allow others to use, the Airtime Services for any improper, fraudulent, immoral, criminal or unlawful purpose, (ii) you shall comply with any reasonable instructions issued by Rapyd or the network provider which concern your use of the Airtime Services or connected matters, and (iii) you shall not do or allow anything to be done in which our or the network provider’s opinion will or is likely to impair or damage the mobile network or the provision of the Airtime Services or affect the security of the same.
    4. Due to the nature of the mobile network on which the Airtime Services are provided, the network may fail or require maintenance without notice and Rapyd does not represent or warrant the Airtime Services shall be available without interruption or free from error nor can we guarantee network coverage.
    5. Unless we agree otherwise with you, the Airtime Services do not include access to the GSM and GPRS networks in countries other than the UK.
    6. There are a number of security measures to protect your communications, approved by the Banks and representing increased protections against fraud, but we cannot guarantee total security as criminal activities continually seek ways to bypass bank security and to breach both networks to access traffic.
    7. Any breach by you of these PDS Terms may result in immediate suspension or termination of the Airtime Services. You will remain liable for all Fees due under the Agreement notwithstanding any suspension or disconnection for the reasons set out in this Clause. Furthermore, additional charges may apply to reconnect you after any such suspension.
    8. The Airtime Cost will be fixed for twelve (12) months from the delivery of the Rapyd Terminal. Thereafter, we may increase the Airtime Cost should the mobile network service provider increase the cost to Rapyd. The Airtime Cost is based on a “reasonable use” number of transactions, should you consistently conduct a high number of transactions, we reserve the right to increase the Airtime Cost to reflect your actual level of usage.
  1. Merchant 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.
    3. 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;
    4. Immediately notify Rapyd if the Rapyd Terminal is lost, missing or is no longer under your possession;
    5. Ensure only competent trained persons are allowed to operate the Rapyd Terminal;
    6. 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.
    7. Make no alteration to the Rapyd Terminal and remove any component(s) from the Rapyd Terminal without the prior written consent of Rapyd;
    8. Permit Rapyd or its duly authorised representative to inspect the Rapyd Terminal at all reasonable times;
    9. Not allow any third-party to use the Rapyd Terminal or submit Transactions via the Rapyd Terminal on behalf of a third party without the prior written consent of Rapyd. The Rapyd Terminal 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;
    10. 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.
    11. 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.
  1. Intellectual Property Rights
    1. Rapyd retains all ownership of the Rapyd Terminal (except under a sale of Rapyd Terminal) and Rapyd In-Store Payments Suite including all Intellectual Property Rights. Neither you nor your Authorised Users may rent, lease, alter, reproduce, adapt, distribute, display, publish, reverse engineer, translate, disassemble, decompile or otherwise attempt to create any source code that is derived from the Rapyd In-Store Payments Suite. Upon expiration or termination of this Rapyd PDS Service, you must immediately cease all use of any Rapyd Payment Device and/or Rapyd In-Store Payments Suite. Other than the express licences granted under these Terms, we grant no right or licence to you by implication, estoppel or otherwise to the Rapyd PDS Services or any of our Intellectual Property Rights. Other than the sale of Rapyd Terminal to you, no ownership rights are transferred to you under these PDS Terms.
    2. You grant to us and our Network Partners a non-exclusive, sublicensable, worldwide, royalty-free, delegable, transferable licence to copy, reproduce, store, distribute, publish, export, adapt, edit and translate the Customer Data to the extent reasonably required for the performance of our contractual obligations and the exercise of our rights under this Agreement. You also warrant that the Customer Data will not infringe any Intellectual Property Rights or other legal rights of any person, and will not breach Applicable Laws in any jurisdiction.
  1. Data Transmission and PCI-DSS Compliance
    1. You acknowledge and agree to the transmission of technical and operational data including but not limited to the identification of the Rapyd Terminal, location, installed applications and error logs) to and from the Rapyd Terminal via the device management platform for maintenance, support and operation purposes.
    2. You further acknowledge that Rapyd PDS Services may involve access to Cardholder Data in which case you may be required to demonstrate PCI-DSS compliance and the following provisions shall apply:
      1. You shall not have access to Cardholder Data through the Portal and shall not, under any circumstances, have access to Sensitive Authentication Data whether or not such data is masked or pseudonymised.
      2. To the extent that you wish to store, process or transmit Cardholder Data, you must demonstrate your full compliance with the PCI-DSS rules by providing us with an Attestation of Compliance (“AoC”) signed by a qualified security assessor (“QSA”) which can be found at the PCI Standard Council’s website, in which case: (a) the level of PCI-DSS compliance must be determined by the QSA with our prior approval, in our sole discretion; and (b) you must review and renew your PCI compliance on a yearly basis, and provide an updated AoC accordingly.
      3. Under no circumstances will we be liable or responsible to you with respect to your compliance with the PCI-DSS, including whether or not you have been certified by a QSA to store, process or transmit Cardholder Data, your level of compliance, security measures undertaken, your responsibilities towards your Customers and so forth.
    3.  Non-compliance with any part of this clause 6 may, without prejudice to our other rights and remedies, result in suspension of the Services or termination of this Agreement. 
  2.  Suspension and Termination of Rapyd PDS Services
    1. In addition to the General Terms, if Rapyd suspects or knows that you are using or have used the Rapyd Terminal , Rapyd In-Store Payments Suite and/or Tap to Pay Services for unauthorised, fraudulent or illegal purposes, or in a manner that exposes Rapyd to risks unacceptable to Rapyd, we may limit or disable the functionality of the Rapyd TerminalPayment Device and/or, Rapyd In-Store Payments Suite and/or Tap to Pay Services until such time as you demonstrate to our reasonable satisfaction that our suspicion was unfounded.
  3.  Conflict of Terms and Change of Terms
    1. If the provisions of these PDS Terms conflict with the provisions of the Agreement, the provisions of these PDS Terms shall prevail. If the provisions of these terms and conditions or in the Agreement conflict with the rules of the card associations, the provisions of the Agreement or these PDS Terms shall prevail.