Terms of Service

Effective Date: February 22, 2026  |  Last Updated: February 22, 2026

About Payments Partner®

Payments Partner® is a registered trademark and trade name of SunWest Capital LLC, an Arizona limited liability company. This policy describes how the Payments Partner® application collects, uses, and protects data when installed through the marketplace.

1. Agreement to Terms

By installing, accessing, or using the Payments Partner® application (“Service”), you agree to be bound by these Terms of Service (“Terms”). If you disagree with any part of these Terms, you may not use our Service. Payments Partner® is a registered trademark and trade name of SunWest Capital LLC, an Arizona limited liability company.

2. Description of Service

Payments Partner® provides payment processing integration services for businesses. The Service facilitates the acceptance of credit cards, debit cards, and ACH (Pay-by-Bank) payments through our third party partners.

3. Eligibility

You must:

  • Be at least 18 years of age

  • Have authority to bind your business to these Terms

  • Comply with all applicable federal, state, and local laws and regulations

  • Maintain a legitimate business purpose for using the Service

  • Not be located in a jurisdiction where payment processing services are prohibited

4. Account Registration and Security

You are responsible for:

  • Providing accurate, current, and complete information during installation and setup

  • Maintaining the confidentiality and security of your account credentials

  • All activities that occur under your account

  • Notifying us immediately of any unauthorized access or security breach

5. Payment Processing

5.1 Transaction Authorization

You authorize Payments Partner® and its payment processing partners to process credit card, debit card, and ACH transactions on your behalf in accordance with the instructions you provide through the Service.

5.2 Fees

Transaction fees and pricing are outlined in your separate pricing agreement. Fees are subject to change with 30 days’ written notice. You are responsible for all fees incurred through your use of the Service.

5.3 Chargebacks and Disputes

You are responsible for all chargebacks, ACH returns, and payment disputes related to your transactions. You agree to cooperate with Payments Partner® and its payment processing partners in investigating and resolving any disputes.

5.4 ACH (Pay -by-Bank Transactions

If you accept ACH payments through the Service, you agree to:

  • Obtain proper consumer authorization as required by NACHA Operating Rules before initiating any ACH debit

  • Maintain records of all authorizations for a minimum of two (2) years

  • Process all internet-initiated ACH transactions using the WEB Standard Entry Class code

  • Handle ACH returns and disputes in accordance with NACHA rulesfying us immediately of any unauthorized access or security breach

5.5 Prohibibited Activities

You may not use this Service for:

  • Illegal activities or transactions

  • Fraudulent, deceptive, or misleading practices

  • High-risk or prohibited industries without prior written approval

  • Transactions that violate payment network rules (Visa, Mastercard, NACHA, etc.)

  • Money laundering, terrorist financing, or sanctions violations

  • Processing transactions on behalf of third parties without authorization

6. Data and Privacy

Your use of the Service is subject to our Privacy Policy. You agree to comply with all applicable data protection and privacy laws in connection with your use of the Service and any personal data you collect from your customers.

You acknowledge that sensitive payment data (card numbers, CVV codes, bank account numbers) is transmitted directly to our payment gateway partners via Browser Post technology and is not stored on Payments Partner® servers.

7. Intellectual Property

Payments Partner® and its original content, features, functionality, and underlying technology are owned by SunWest Capital LLC and are protected by copyright, trademark, patent, and other intellectual property laws. The Payments Partner® name and logo are registered trademarks of SunWest Capital LLC. You may not copy, modify, distribute, sell, or lease any part of the Service, nor may you reverse engineer or attempt to extract the source code of any part of the Application, Web Pages, or any / all Service(s).

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. SUNWEST CAPITAL LLC IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SERVICE. OUR TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE FEES PAID BY YOU TO PAYMENTS PARTNER® IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM. WE ARE NOT RESPONSIBLE FOR ACTIONS, FAILURES, OR DELAYS OF THIRD-PARTY PAYMENT PROCESSORS, BANKS, OR FINANCIAL NETWORKS.

9. Indemnification

You agree to indemnify, defend, and hold harmless SunWest Capital LLC, its officers, directors, employees, agents, and partners from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising from:

  • Your use of the Service

  • Your violation of these Terms

  • Your violation of any rights of another party

  • Chargebacks, ACH returns, or payment disputes related to your transactions

  • Your failure to comply with applicable laws or payment network rules

10. Term and Termination

These Terms remain in effect while you use the Service. We may terminate or suspend your access immediately, without prior notice, for any violation of these Terms or applicable law. Upon termination, your right to use the Service ceases immediately. Provisions regarding liability, indemnification, intellectual property, and dispute resolution survive termination.

11. Modifications

We reserve the right to modify these Terms at any time. Material changes will be communicated with at least 30 days’ notice via email or through the Service. Your continued use of the Service after the effective date of any changes constitutes acceptance of the revised Terms.

12. Governing Law and Dispute Resolution

Governing Law: These Terms are governed by and construed in accordance with the laws of the State of Arizona, without regard to its conflict of law principles.

Binding Arbitration: Any dispute arising out of or relating to these Terms or your use of the Service shall be submitted to confidential binding arbitration in the State of Arizona, pursuant to the Commercial Arbitration Rules of the American Arbitration Association. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

CLASS ACTION WAIVER: YOU AND SUNWEST CAPITAL LLC AGREE THAT DISPUTES WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND WILL NOT BE JOINED OR CONSOLIDATED WITH ANY OTHER ARBITRATIONS, LAWSUITS, OR PROCEEDINGS. EACH PARTY MAY BRING CLAIMS ONLY IN ITS INDIVIDUAL CAPACITY, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Time Limitation: Any claim or cause of action arising from or related to your use of the Service must be filed within one (1) year after such claim or cause of action arose, or be forever barred.

13. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

14. Entire Agreement

These Terms, together with the Privacy Policy and any separate pricing agreement, constitute the entire agreement between you and SunWest Capital LLC regarding the Service.

15. Contact Information

Payments Partner®

A registered trademark and trade name of SunWest Capital LLC

Technical Support: techsupport@paymentspartner.us

Payment Support: paymentsupport@paymentspartner.us

Website: paymentspartner.us

Phone: (480) 400-0782

By installing or using Payments Partner®, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

© 2026 SunWest Capital LLC.

SunWest Capital empowers agencies and business owners with innovative payment technology designed to streamline every transaction. The Payments Partner App is simple to use, highly secure, and fully tailored to meet your unique business needs.

Process payments with confidence, speed, and transparency, ensuring your business always stays connected to each and every sale with Payments Partner®.