Terms & conditions

Terms & conditions

Last Updated: 01.03.2026

These website standard Terms of Use written on this webpage shall manage your use of our MODOGATE LTD’s website, accessible at modogate.com (the “Terms”).

1. Intellectual Property Rights

Other than the content you own, under these Terms, MODOGATE and/or its licensors own all the intellectual property rights and materials contained in this Website. You are granted limited license only for purposes of viewing the material contained on this Website.

2. Restrictions

You are specifically restricted from all of the following:

  • publishing any Website material in any other media;
  • selling, sublicensing and/or otherwise commercializing any Website material;
  • publicly performing and/or showing any Website material;
  • using this Website in any way that is or may be damaging to this Website;
  • using this Website in any way that impacts user access to this Website;
  • using this Website contrary to applicable laws and regulations, or in any way may cause harm to the Website, or to any person or business entity;
  • engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website;
  • using this Website to engage in any advertising or marketing.

Certain areas of this Website are restricted from being access by you and MODOGATE may further restrict access by you to any areas of this Website, at any time, in absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality as well.

3. Your Content

In these Website Standard Terms and Conditions, “Your Content” shall mean any audio, video text, images or other material you choose to display on this Website. By displaying Your Content, you grant MODOGATE a non-exclusive, worldwide irrevocable, sub licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media. Your Content must be your own and must not be invading any third-party’s rights. MODOGATE reserves the right to remove any of Your Content from this Website at any time without notice.

 

4. Your Privacy

Your use of our services is also subject to our Privacy Policy, which outlines how we collect, use, and share your personal information.

5. No warranties

This Website is provided “as is,” with all faults, and MODOGATE express no representations or warranties, of any kind related to this Website or the materials contained on this Website. Also, nothing contained on this Website shall be interpreted as advising you.

6. Limitation of liability

In no event shall MODOGATE, nor any of its officers, directors and employees, shall be held liable for anything arising out of or in any way connected with your use of this Website whether such liability is under contract. MODOGATE, including its officers, directors and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.

7. Indemnification

You hereby indemnify to the fullest extent MODOGATE from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms.

 

8. Severability

If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.

9. Variation of Terms

MODOGATE is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review these Terms on a regular basis.

10. Assignment

The MODOGATE is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

11. Entire Agreement

These Terms constitute the entire agreement between MODOGATE and you in relation to your use of this Website, and supersede all prior agreements and understandings.

12. PAYMENT PROCESSING TECHNOLOGY SERVICES - TERMS AND CONDITIONS

12.1 Service Plans and Pricing Validity

MODOGATE offers payment processing technology solutions under three product categories:

  • Cashier Service Plans: Complete payment technology solution with cashier system included
  • Integrator Plans: Integration technology for existing payment systems
  • Whitelabel PSP Plans: Tiered transaction technology with volume discounts

Pricing Validity: All pricing displayed on our website is valid for 2026 and applies to new clients only. Prices are subject to change without notice. Existing clients will retain their contracted rates unless otherwise agreed in writing.

New Client Definition: A “new client” is any entity that has not previously contracted for MODOGATE services or has not had an active service agreement within the previous 12 months.

All plans are subject to these Terms and the specific pricing and features outlined on our website at the time of purchase.

12.2 Pricing and Fees

Setup Fees: One-time setup fees are non-refundable and must be paid before service activation.

Transaction Fees: Technology access fees are calculated based on your selected plan tier and transaction volume processed through our platform.

Monthly Fees: Where applicable, monthly SaaS fees are billed in advance and are non-refundable.

Integration Fees: Integration costs (Standard or Priority) are separate from plan pricing.

Development Work: Custom development work is billed at an hourly rate and invoiced monthly.

Overage Charges: Exceeding your plan’s included capacity will result in per-transaction technology fees as specified in your plan details.

Price Adjustments: MODOGATE reserves the right to adjust pricing annually with 60 days written notice.

12.3 Billing Cycle and Payment Terms

Billing Cycle: All charges are billed based on the payment cycle in which services are completed or consumed. For example:

  • Integration work completed on March 5th will be included in the March invoice
  • The March invoice will be issued in April
  • Development work performed during any month will be invoiced in the following month
  • Transaction fees are calculated for the completed month and invoiced in the subsequent month

Payment Due Date: All fees are payable in Euros (€). Invoices must be paid within 7 days of issuance.

Late Payment: Failure to pay any invoice within 7 days constitutes a material breach of this agreement. Late payments will result in immediate service suspension and interest charges of 1.5% per month (18% annually) on outstanding balances. MODOGATE may terminate services immediately upon material breach without the standard 30-day notice period.

12.4 Service Level and Support

Support levels vary by plan:

  • Ticket-based support: Response within 48 business hours
  • Priority support: Response within 24 business hours
  • Live support: Real-time assistance during business hours (Monday-Friday, 9:00-18:00 CET)
  • Dedicated agent: Assigned account manager

MODOGATE makes no guarantees regarding uptime but will use commercially reasonable efforts to maintain service availability at 99.5% or higher.

12.5 Capacity and Volume

Included Capacity: Each plan includes a specified number of transactions processed through our technology per billing period.

Volume Discounts: Tiered pricing plans (Whitelabel PSP) automatically apply lower rates as transaction volumes increase within each billing period.

12.6 Contract Term and Termination

All Plans: Either party may terminate services with 30 days written notice. No minimum commitment or long-term contracts are required.

Outstanding Obligations: Termination does not relieve you of payment obligations for:

  • All fees incurred up to the termination date
  • Any outstanding invoices
  • Retroactive pricing adjustments identified during the notice period
  • Security deposit will be returned within 60 days after final invoice settlement

No Exit Fees: MODOGATE does not charge early termination or exit fees. The 30-day notice period applies regardless of how long you’ve been a client.

12.7 Technology Platform Usage

MODOGATE provides technology infrastructure to facilitate payment processing. You are responsible for:

  • Compliance with all applicable payment regulations and standards
  • Your relationship with payment processors and acquiring banks
  • Maintaining accurate transaction records
  • Ensuring your use of our technology complies with applicable laws
  • Your customer relationships and obligations

MODOGATE is not a party to transactions between you and your customers or between you and payment processors.

 

12.8 Integration and Technical Requirements

Cashier Service: MODOGATE provides the cashier technology on our domain. Integration with Magento, WooCommerce, or standard platforms is included as specified.

Integrator Service: You must provide your own cashier system. MODOGATE provides integration technology on our domain.

Whitelabel PSP: Integration scope is determined by your selected integration package (Standard or Priority).

You are responsible for maintaining compatible systems and providing necessary access for integration and ongoing support.

12.9 Client Responsibility

As a technology provider, MODOGATE is not responsible for:

  • Your compliance with payment card industry regulations
  • Chargebacks, disputes, or fraud occurring in your business
  • Your relationship with banks, processors, or payment networks
  • The legality of your business activities
  • Customer service for your end users

You acknowledge that you are solely responsible for your use of our technology and your business operations.

 

12.10 Liability and Warranties

MODOGATE’s liability for payment processing technology services is limited to the fees paid in the 12 months preceding any claim, subject to the limitations in Section 6 of these Terms.

MODOGATE does not guarantee:

  • Uninterrupted service availability
  • Compatibility with all third-party systems
  • That use of our technology will result in transaction approval
  • Freedom from security breaches (though we implement industry-standard security measures)
12.11 Confidentiality

Both parties agree to keep confidential all transaction data, pricing terms, and technical implementation details. This obligation survives termination of services.

12.12 Service Modifications

MODOGATE reserves the right to modify, update, or discontinue features of the technology platform with 30 days notice. Critical security updates may be implemented immediately without notice.

 

12.13 Whitelabel PSP - Volume Verification and Plan Alignment

Initial Plan Selection: When subscribing to a Whitelabel PSP plan, you must provide reasonable evidence of your expected transaction volumes, which may include:

  • Historical processing data from previous payment providers
  • Business projections and forecasts
  • Bank statements or financial records
  • Existing merchant processing statements

Probationary Period: All new Whitelabel PSP subscriptions are subject to a 2-month probationary period during which MODOGATE will monitor actual transaction volumes processed through the platform.

Volume Review and Plan Adjustment: After the initial 2-month period, MODOGATE will review your actual transaction volumes. If your actual volumes are significantly below (more than 30%) your selected plan tier for two consecutive months, MODOGATE reserves the right to:

  • Reassign you to the appropriate plan tier based on actual volumes
  • Apply retroactive pricing adjustments for the difference between tiers
  • Charge any underpaid fees resulting from tier misalignment

Ongoing Monitoring: MODOGATE continuously monitors transaction volumes. If your volumes fall below your plan tier threshold for 3 consecutive months, you will be automatically moved to the appropriate lower tier at the end of your billing period.

12.14 Financial Security and Payment Terms

Advance Payment Requirement:

  • Setup fees must be paid in full before service activation
  • First month’s estimated processing fees (for tiered plans) must be paid in advance
  • Monthly reconciliation will occur, with credits or additional charges applied based on actual usage

Payment Guarantee (Enterprise and Custom plans only): One of the following is required:

  • Corporate guarantee from company director(s)
  • Payment via direct debit with automatic withdrawal authorization
  • Bank reference letter
12.15 Penalties for Tier Misrepresentation

Intentional Misrepresentation: If MODOGATE determines that you intentionally misrepresented your transaction volumes to qualify for a lower-priced higher tier, we reserve the right to:

  • Immediately recalculate all fees at the correct tier rates from the service start date
  • Apply a penalty of 25% of the underpaid amount
  • Require immediate payment of all outstanding amounts
  • Terminate services immediately with 7 days notice (instead of standard 30 days)

Repeated Violations: If you are reassigned to a lower tier more than twice within a 12-month period due to insufficient volumes, MODOGATE may:

  • Require a higher security deposit (up to 3 months’ estimated fees)
  • Implement mandatory quarterly volume reviews
  • Limit your eligibility for certain plan tiers

 

 

12.16 Minimum Processing Requirements

Whitelabel PSP Volume Guidelines:

  • Business tier and above: Should maintain at least 60% of the minimum transaction volume for your selected tier
  • Failure to meet volume guidelines for 3 consecutive months will result in automatic downgrade to the appropriate tier
  • No penalties apply for volume fluctuations – you simply pay for actual usage at the appropriate tier rate

Volume Overage Credits: If you consistently exceed your tier limits, MODOGATE will proactively recommend higher tiers that may be more cost-effective for your volume.

12.17 Data Access and Audit Rights

Transaction Reporting: You must provide MODOGATE with access to accurate, real-time transaction data through our platform. Any attempt to manipulate, falsify, or withhold transaction data is grounds for immediate termination.

Audit Rights: MODOGATE reserves the right to audit your transaction volumes and processing data:

  • Routine audits may occur for Enterprise and Custom plans
  • For-cause audits may occur at any time if fraud or misrepresentation is suspected
  • You must provide all requested documentation within 10 business days of request
  • Audit costs are borne by you if discrepancies exceeding 15% are found
12.18 Data Access and Audit Rights

Outstanding Balances: Unpaid invoices over 30 days past due will:

  • Result in immediate service suspension
  • Accrue interest at 1.5% per month (18% annually)
  • Be subject to collection efforts, with all collection costs added to your balance

Service Suspension: MODOGATE may suspend services immediately without the standard 30-day notice if:

  • Payment is more than 30 days overdue
  • Fraud or misrepresentation is detected
  • You breach material terms of this agreement

Legal Jurisdiction: Any disputes related to payment processing services shall be governed by the laws of Cyprus and subject to the exclusive jurisdiction of courts in Cyprus.

Collection Costs: You agree to pay all costs of collection including reasonable attorney’s fees (up to 33% of outstanding balance) if legal action is required to collect payment.

12.19 PCI DSS Compliance and Security Requirements (Whitelabel PSP Only)

Mandatory Compliance Documentation: All Whitelabel PSP clients must maintain and provide current PCI DSS (Payment Card Industry Data Security Standard) compliance documentation for themselves and their underlying merchants/clients.

Required Documentation: You must collect, maintain, and provide to MODOGATE upon request:

  • PCI DSS Compliance Certificates: Valid Attestation of Compliance (AOC) or Self-Assessment Questionnaire (SAQ) for your organization and all merchants processing through your platform
  • ASV Scans: Quarterly Approved Scanning Vendor (ASV) vulnerability scans showing passing results
  • Penetration Testing Results: Annual penetration testing reports (for Level 1 and Level 2 merchants)
  • Network Segmentation Documentation: If applicable to your environment
  • Incident Response Plans: Current and documented procedures

Submission Timeline:

  • Initial Setup: PCI documentation must be submitted before platform activation
  • Quarterly ASV Scans: Due within 10 days of completion (every 90 days)
  • Annual AOC/SAQ Renewals: Due within 15 days of expiration
  • Ad-hoc Requests: Any documentation requested by MODOGATE must be provided within 10 business days

Merchant/Client Compliance Monitoring:

  • You are responsible for ensuring all your merchants/clients using the Whitelabel PSP platform maintain current PCI compliance
  • You must implement a compliance tracking system and provide MODOGATE with quarterly compliance status reports for all active merchants
  • Non-compliant merchants must be suspended from processing until compliance is restored

Material Breach for Non-Compliance: Failure to provide required PCI documentation within the specified timelines constitutes a material breach of this agreement. In the event of material breach:

  • MODOGATE will provide written notice specifying the missing documentation
  • You have 7 daysfrom the date of notice to provide all required documentation
  • Failure to comply within 7 days will result in:
    • Immediate termination of services without the standard 30-day notice period
    • Immediate suspension of all transaction processing
    • Forfeiture of security deposit to cover compliance violations and administrative costs
    • All outstanding fees become immediately due and payable

Security Breach Notification:

  • You must notify MODOGATE within 24 hours of discovering any actual or suspected security breach, data compromise, or PCI compliance violation
  • Failure to notify MODOGATE promptly is also considered a material breach subject to 7-day termination

Audit and Inspection Rights:

  • MODOGATE or its designated auditors may review your PCI compliance program at any time
  • You must provide access to systems, documentation, and personnel as needed for compliance verification
  • Refusal to cooperate with audits constitutes material breach

Compliance Costs:

  • All costs associated with obtaining and maintaining PCI compliance are your responsibility
  • MODOGATE may charge administrative fees for reviewing compliance documentation or managing non-compliant situations

No Waiver:

  • MODOGATE’s failure to enforce PCI compliance requirements at any time does not waive our right to enforce them in the future
  • Each instance of non-compliance is a separate breach

Indemnification for Compliance Failures: You agree to indemnify and hold harmless MODOGATE from any fines, penalties, costs, or damages resulting from your failure or your merchants’ failure to maintain PCI compliance, including but not limited to:

  • Card brand fines and penalties
  • Forensic investigation costs
  • Card reissuance costs
  • Regulatory penalties
  • Legal fees and settlement costs