Allstar Merchant Processing, LLC – Terms and Conditions

Last Updated:  March 02, 2025

Welcome to Allstar Merchant Processing, LLC, proudly partnered with Elavon. These Terms and Conditions (“Terms”) govern your access to and use of our payment processing services, including recurring billing, upsell/cross-sell features, international expansion capabilities, and all related tools and support (“Services”). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use our Services.

1. Definitions

• “Allstar Merchant,” “we,” “us,” or “our” refers to Allstar Merchant Processing, LLC.
• “Elavon” refers to Elavon Financial Services DAC and its affiliates, our partner in providing payment processing solutions.
• “Merchant,” “you,” or “your” refers to the business entity or individual utilizing Allstar Merchant’s Services.
• “Customer” refers to your end-users or clients making payments to you through our Services.
• “Cardholder Data” refers to all personal information associated with a payment card, including but not limited to the primary account number (PAN), cardholder name, expiration date, and service code.
• “Transaction” refers to any payment processed through our Services, including sales, refunds, and voids.
• “Payment Gateway” refers to the secure system that authorizes and processes credit and debit card transactions.
• “PCI DSS” refers to the Payment Card Industry Data Security Standard.

2. Acceptance of Terms

By creating an account, clicking “Get Custom Quote,” or otherwise using any part of our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and any other policies or guidelines referenced herein or provided to you by Allstar Merchant. You represent and warrant that you have the legal capacity to enter into this agreement and, if you are acting on behalf of a business, that you have the authority to bind that business to these Terms.

3. Services Overview

Allstar Merchant provides a comprehensive suite of payment processing solutions designed to streamline your business operations and maximize profits. Our Services include, but are not limited to:

• Payment Gateway Services: Facilitating secure online, in-store, and mobile transactions.
• Recurring Billing Models: Enabling subscription-based payments for consistent revenue.
• Reporting and Analytics: Providing insights into customer behavior and transaction data.
• International Payment Acceptance: Allowing you to process payments from customers worldwide.
• Customer Support: 24/7 dedicated support for any inquiries or issues.
• Security Measures: Implementing advanced encryption and fraud prevention tools.
• Integration: Seamless integration with various workplace systems.

4. Merchant Obligations

As a Merchant using Allstar Merchant’s Services, you agree to:

• Accurate Information: Provide accurate, complete, and up-to-date information during the registration and onboarding process, and promptly update any changes.
• Legal Compliance: Comply with all applicable laws, regulations, and industry standards related to payment processing, including but not limited to the PCI DSS, consumer protection laws, and data privacy regulations.
• Authorized Transactions: Only process transactions that are legitimate, authorized by the Cardholder, and for goods or services you are legally permitted to sell.
• Prohibited Activities: Not engage in any fraudulent, illegal, or unethical activities, including but not limited to money laundering, funding of terrorist activities, or selling prohibited goods/services.
• Customer Service: Provide clear and accurate information to your Customers regarding your products/services, pricing, refund policies, and contact information.
• Refunds and Disputes: Promptly and fairly handle all Customer disputes, refunds, and chargebacks in accordance with our policies and card scheme rules.
• Security: Implement and maintain appropriate security measures to protect Cardholder Data in your possession, custody, or control. This includes adhering to PCI DSS requirements applicable to your business level.
• Hardware and Software: Ensure that your hardware, software, and systems used in conjunction with our Services are compatible, secure, and up-to-date.
• Cooperation: Cooperate fully with Allstar Merchant, Elavon, and any regulatory or card scheme authorities in investigations of suspicious activity or compliance audits.

5. Fees and Payments

• Rates and Inclusions: Our Services are offered under various plans (Basic, Standard, Premium) with specific rates, inclusions, and rent/purchase prices for equipment. Details for each plan will be provided in your custom quote.
• Payment Terms: You agree to pay all applicable fees, charges, and assessments for the Services as outlined in your agreement or custom quote. Fees are typically processed on a recurring basis.
• Changes to Fees: Allstar Merchant reserves the right to modify its fees and pricing models at any time, with prior notice to you.
• Taxes: You are responsible for all applicable taxes, duties, and government charges related to your use of the Services.

6. Chargebacks and Disputes

• Understanding Chargebacks: A chargeback occurs when a Cardholder disputes a transaction with their issuing bank. This can be due to various reasons, including unauthorized transactions, services not rendered, or billing errors.
• Your Responsibility: You acknowledge and agree that you are solely responsible for all chargebacks, refunds, and associated fees incurred in connection with your Transactions.
• Chargeback Process: Allstar Merchant will notify you of any chargebacks. You agree to provide us with all requested documentation and information within the specified timeframe to assist in the dispute resolution process. Failure to provide timely and sufficient documentation may result in the chargeback being upheld.
• Chargeback Fees: You will be responsible for any chargeback fees imposed by card networks or Elavon, in addition to the original transaction amount.
• Reserves: Allstar Merchant, in partnership with Elavon, may establish a reserve account to cover potential chargebacks, refunds, or other liabilities. The terms of any such reserve will be communicated to you separately.
• Excessive Chargebacks: Excessive chargebacks may lead to additional fees, penalties, suspension, or termination of your Services.

7. Data Security and PCI DSS Compliance

• Data Protection: Allstar Merchant and Elavon are committed to protecting the security of Cardholder Data. We implement state-of-the-art security measures, including encryption and fraud prevention tools, to safeguard your data and your Customers’ data.
• Your PCI DSS Obligation: You acknowledge and agree that you are solely responsible for ensuring your compliance with the Payment Card Industry Data Security Standard (PCI DSS) as it applies to your business. This includes, but is not limited to, securing your systems, networks, and processes that store, process, or transmit Cardholder Data.
• Reporting: You may be required to complete an annual PCI DSS Self-Assessment Questionnaire (SAQ) or undergo an onsite assessment, depending on your transaction volume and business type.
• Breach Notification: In the event of a data breach involving Cardholder Data in your possession or control, you agree to immediately notify Allstar Merchant and Elavon, and cooperate fully in any investigation.
• No Storage of Sensitive Data: You agree not to store sensitive authentication data (e.g., CVV2/CVC2, PIN data) after authorization, even if encrypted.

8. Intellectual Property

All content and materials provided as part of the Services, including text, graphics, logos, software, and intellectual property (excluding your business data and trademarks), are the property of Allstar Merchant, Elavon, or their respective licensors, and are protected by intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to use the Services solely for your internal business operations.

9. Confidentiality

You agree to keep confidential all non-public information about Allstar Merchant, Elavon, and the Services that you may obtain, including but not limited to pricing, software, and business strategies. This obligation survives the termination of these Terms.

10. Warranties and Disclaimers

• No Warranty: THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
• No Guarantee: Allstar Merchant does not guarantee that the Services will be uninterrupted, error-free, secure, or free from viruses or other harmful components. We do not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.
• Third-Party Services: Our Services may integrate with or utilize third-party services. Allstar Merchant is not responsible for the availability, performance, or security of such third-party services.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ALLSTAR MERCHANT, ELAVON, THEIR AFFILIATES, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF ALLSTAR MERCHANT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL ALLSTAR MERCHANT’S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE AMOUNTS PAID BY YOU TO ALLSTAR MERCHANT FOR THE SERVICES IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

12. Indemnification

You agree to indemnify, defend, and hold harmless Allstar Merchant, Elavon, their affiliates, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys’ fees) arising from or relating to:

• Your violation of these Terms or any applicable law or regulation.
• Your use of the Services, including any unauthorized or fraudulent transactions.
• Any claims or disputes with your Customers.
• Your breach of any PCI DSS requirements or data security obligations.
• Any intellectual property infringement caused by your content or services.

13. Termination

• Termination by You: You may terminate your use of the Services at any time by providing written notice to Allstar Merchant, subject to any minimum contract terms or early termination fees specified in your agreement.
• Termination by Allstar Merchant: Allstar Merchant may terminate or suspend your access to the Services, in whole or in part, with or without notice, for any reason, including but not limited to:
  
  • Breach of these Terms.
  • Violation of any applicable law or regulation.
  • Excessive chargebacks or fraudulent activity.
  • Failure to pay fees.
  • Actions that may harm Allstar Merchant’s or Elavon’s reputation or operations.
• Effect of Termination: Upon termination, your right to use the Services will immediately cease. You remain responsible for all fees and obligations incurred prior to termination. Any provisions of these Terms that by their nature should survive termination (e.g., limitation of liability, indemnification, confidentiality) shall survive.

14. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of [State/Country where Allstar Merchant is registered, e.g., “the State of Delaware, United States of America”], without regard to its conflict of law principles.

Any dispute arising out of or relating to these Terms or the Services shall be resolved exclusively through binding arbitration in [City, State/Country where Allstar Merchant is registered, e.g., “New York, NY”] in accordance with the rules of the American Arbitration Association (or similar recognized arbitration body), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. You agree that any arbitration will be conducted on an individual basis and not as a class, consolidated, or representative action.

15. Modifications to Terms

Allstar Merchant reserves the right to modify these Terms at any time. We will notify you of any material changes by posting the updated Terms on our website or by sending you an email notification. Your continued use of the Services after the effective date of the revised Terms constitutes your acceptance of the changes.

16. SMS & Communication Consent

By consenting to receive messages from us, you are authorizing us to send you text messages and notifications. Message/data rates apply. Message frequency may vary. Reply HELP for assistance and STOP to unsubscribe to a message sent from us.

17. Miscellaneous

• Entire Agreement: These Terms, together with any applicable service agreements or custom quotes, constitute the entire agreement between you and Allstar Merchant regarding the Services.
• Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
• Waiver: No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision.
• Assignment: You may not assign or transfer these Terms or any of your rights or obligations hereunder without the prior written consent of Allstar Merchant. Allstar Merchant may assign these Terms without your consent.
• Force Majeure: Allstar Merchant shall not be liable for any delay or failure in performance of its obligations hereunder due to causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

Contact Us

If you have any questions about these Terms, please contact us at +1 251 428 2501 or reach us at info@allstarmerchant.com.