Terms & Conditions
Last update: January 19, 2026
W PAYMENTS: we are the intermediary in electronic payment processes, facilitating the management, dispersion of funds and facilitator of electronic payments that provides basic and efficient solutions for international collection processes, allowing working capital to be dynamized with agility, clarity and security, through payment management operations, cross border, international factoring and / or confirming, which allows us to have effective and inclusive processes, conducive to execute in SMEs, MSMEs and individuals.
The purpose of this treaty is to publicize the regulation of terms and conditions under which the services offered by W PAYMENTS are integrated, so it is important that you carefully and detailed review the terms and conditions about the policy of use that we have gathered in this document. If you access this portal and the W PAYMENTS services, it means that you agree, in their entirety, with these terms and conditions (hereinafter T&C) that are stipulated below. If you do not agree, please do not access this portal.
Protecting your privacy is very important to W PAYMENTS. Review our policy for the processing of personal data so that you understand our commitment to maintain your privacy, as well as the use of your protected information.
SECTION 1. General aspects
W PAYMENTS declares that:
It is an international consortium, with a partnership in Colombia, subject to the inspection, control and surveillance of the country's regulators, it is not an entity providing financial services nor does it carry out operations of collection, possession or administration of assets.
It has the quality of Facilitator authorized by the Acquiring Entity and Collector on behalf of the Ally of the funds resulting from the payment orders in its favor. Likewise, W PAYMENTS may enable other payment processing services.
It is a technology service provider that, through its platform, offers the management of receipt and dispersion of payments, data analysis and related services. It acts as an authorized facilitator in the management and intermediation of international payments, protected by Banking As A Service (BAAS) agreements.
It does not carry out financial activity or provide any financial, postal or stock exchange services. Nor does it authorize third parties to use the Services for such purposes.
W PAYMENTS does not collect resources or receive bank deposits directly from the public. The economic resources collected by W PAYMENTS are received by way of mandate on behalf of the corresponding Ally, acting as a trusted intermediary for the proper management and delivery of the funds according to the instructions detailed in these Terms and Conditions. We guarantee a transparent and secure administration of resources in compliance with current legal and regulatory provisions.
The Services are provided only to certified Allies with their data and accounts.
It does not require Allies to accept a particular brand of credit, debit, prepaid or gift cards to access the Services or a specific means of payment.
W PAYMENTS only allows the Ally to accept the means of payment authorized by the Acquiring Entities.
The Services are enabled so that natural or legal persons ("Allies") can monetize the payments invoiced on the platforms of the acquiring entities, without prejudice to the conditions established in these T&C.
It does not intervene in the contracts or agreements of the Ally with the acquiring entities, maintaining autonomy in legal relations and guaranteeing compliance with the contracted services.
It guarantees the constant monitoring of the Services to identify and correct possible errors, ensuring the quality and protection of the same against security threats, with the commitment to offer a reliable and secure service.
The Ally declares that:
He is of legal age and has full legal capacity to contract and bind himself in the respective capacity in which he acts.
You know and accept that the authorizations granted under these T&C will remain in force until a Definitive Cancellation or a Voluntary Cancellation is applied.
You know and accept that the Services are provided AS IS as described in these T&C, without any other type of express or implied warranty.
All the information and data provided to W PAYMENTS are true, so the attached documents are authentic, truthful and verifiable; so it authorizes its verification before any person, national or foreign. The Ally agrees to update your information at least once a year or whenever a change occurs in the information provided or when requested by W PAYMENTS.
You know and accept the Personal Data Processing Policy of W PAYMENTS, which explains how the Personal Information of the Ally is collected, used and protected.
You know and accept that W PAYMENTS may, at any time, verify before Information and Risk Operators, or before any other entity that manages or administers databases, everything related to your present, past and future financial, commercial and credit information.
W PAYMENTS does not act on behalf of promoting or exploiting businesses in a certain branch and within a pre-fixed area or before any acquiring entity, as a representative or agent of the Ally.
The Ally, at all times, will act on its own behalf before the acquiring entities.
It has all the required operating permits, according to the activity or corporate purpose it develops. The Ally assumes full responsibility for the failure to obtain such permits.
You know and accept that this legal relationship is of a commercial nature. The Ally carries out its commercial activity autonomously and independently, using for the fulfillment of its work, its own personnel without any legal, labor or administrative subordination between W PAYMENTS and the Ally, its collaborators and dependents; therefore, such concepts as fees, wages, subsidies, affiliations, compensation, and other legal or extralegal benefits, which arises due to or on the occasion of the services of the Ally's staff, will be assumed exclusively by the Ally with respect to its employees, officials or contractors.
W PAYMENTS has no interference in the actions that derive from the normal turnover of the Ally's businesses or in the fixing of prices by the Acquiring Entity, so it is totally unrelated to the legal link that exists with it.
You know and agree that W PAYMENTS reserves the right to reject, in its sole discretion, your registration request to create or activate the W PAYMENTS Account and use the Services.
You will not use the Services, directly or indirectly, for any fraudulent purpose or that interferes with the operation of the Services. The use of the Services must comply with these T&C, the applicable laws and regulations.
Know and understand that the Acquiring Entities, nor the financial entities binding in the traceability of the collections, are subcontractors of W PAYMENTS.
The Ally knows and accepts that these T&C are made available to it through electronic support and that their electronic acceptance and all activity within the W PAYMENTS Account may be used by W PAYMENTS before the administrative or judicial authorities as evidence of the existing legal relationship in accordance with current regulations. In any case, the Ally may make a printed copy of the T&C that are published at wpayments.co/tyc
SECTION 2. THE SERVICES
As Aggregator, W PAYMENTS: a). It makes it easier for the Ally to speed up the invoiced monetization, b). Processes transactions and traceability of payments, c). Manages payments acting on behalf of and on behalf of the Ally to receive in a deposit account, the money produced from the development of the Allied's commercial object, provided that the transactions are enabled before the Acquiring Entity, d). Disburse to the deposit account indicated by the Ally the Net Income, e). Debit the corresponding Discounts of the Gross Income as stipulated in these T&C.
Technological Solution. W PAYMENTS has developed a Technological Solution, which the Ally can use, only and strictly, under the stipulations established in these T&C. The Technological Solution has, a). A Platform for the verification, creation and activation of the W PAYMENTS Account, which allows the Ally to manage its transactions efficiently and safely, and b). Payment processing tools to enable the acceptance of means of payment before the Acquiring Entities.
In any case, the Services will be those available at the time the Ally activates his W PAYMENTS Account, or those that will be implemented in the future. W PAYMENTS reserves the right to temporarily suspend the use of the Services for reasons of security, maintenance or software update, changes in functionalities or for those fortuitous situations. W PAYMENTS is not responsible for the availability or possible technical failures that may be presented by the Acquiring Entity, the acquiring or issuing processors and those entities participating in the payment system.
SECTION 3. THE W PAYMENTS ACCOUNT
Account Creation. Only those natural or legal persons who carry out commercial or commercial activities duly authorized and registered, and who have not been subject to Suspension or Definitive Cancellation by W PAYMENTS, can register. To create the W PAYMENTS Account, you must provide business details, contact person and login information, including an email and password. The latter will be your access credentials; which will always be requested to access the W PAYMENTS Account. When the W PAYMENTS Account is created for the first time, it appears in registered status, that is, no transactions can be made until the account activation process is completed.
Account Activation. To use the Services, you must have an "Active" W PAYMENTS Account. For activation, the Ally must complete all personal and business information requested in the linking form. W PAYMENTS may request additional information or documents at any time, even after the activation of the W PAYMENTS Account. W PAYMENTS will validate the link form and verify the identity of the applicant. If the validation of the request is successful, the W PAYMENTS Account will appear in an active state, and from that moment you will be able to access the Services. W PAYMENTS reserves the right not to activate (reject), deactivate, suspend or permanently cancel the W PAYMENTS Account of anyone who provides incorrect, false, incomplete information or does not update their information. Under no circumstances will W PAYMENTS assume responsibility for these measures.
If there are indications that the W PAYMENTS Account has been used for criminal, illegal or contrary to these T&C purposes, the Ally grants express authorization for W PAYMENTS to share your data with the authorities to initiate the corresponding legal actions.
Custody of credentials and use of the Account. The Ally is responsible for guarding your password and restricting access to your W PAYMENTS Account and Services from your mobile devices, computer or other applications. Any use made from the W PAYMENTS Account is presumed to be made by the owner Ally; therefore, that use is authentic and authorized for W PAYMENTS. The Ally may request the change or reset of its password through the option enabled on the W PAYMENTS Platform.
Nature, scope and currency of the Account. The W PAYMENTS Account is a user account within the W PAYMENTS Platform, from which the Ally can use the Services. The W PAYMENTS Account operates under a base currency denominated in United States Dollars (USD), which will be used as a reference for the registration, calculation, valuation and administration of balances, income, Discounts, fees, costs, benefits and any other economic concept viewed or managed within the Platform. The Ally knows and accepts that the values reflected on the dashboard are presented in USD, without prejudice to the fact that, for the purposes of disbursements, conversions or liquidations, third parties intervene and / or operational, security or compliance conditions apply.
In no case can the W PAYMENTS Account be understood as a bank account, deposit or through which a financial service is provided. The Ally knows and accepts that the W PAYMENTS Account is a technological and operational user environment and that the fact that its information is expressed in USD does not imply, in any case, the opening of a bank account, deposit account, fiduciary relationship, custody, collection, or the provision of financial services by W PAYMENTS, as indicated in these T&C.
Dashboard, display and reports. The W PAYMENTS Account has a dashboard where, among other options, the Ally will be able to view the Income, the balances in exchange, the transaction history and activate the Access Tools. W PAYMENTS may send confirmation of the transaction to the email provided by the Ally, as well as reports of transactions made during a specific period of time or the last week.
SECTION 4. ACCESS TOOLS
W PAYMENTS makes available to the Ally its virtual service platform and personalized access to enable the W PAYMENTS account. Through these tools, the Ally can monitor, organize and manage data on payment processing, sales, account statements and access additional services such as balance advance, pay me now, which allows you to speed up working capital over a certain billing period, with a fixed amount provided for the acceptance of this special monetization tool.
SECTION 5. SPECIAL CONDITIONS OF THE BUSINESS SERVICE
Statements of the Ally. The Ally:
Know and accept that W PAYMENTS acts as Agent of the Ally to manage the payments made by the Acquiring Entities for the goods and / or services that the Ally offers, which supports the contractual relationship between the parties.
Knows and authorizes W PAYMENTS to, in its name and on its own account, act as its agent to receive, disburse, reverse or retain in the Payment Management, before the Acquiring Entities related to the Ally.
It knows and authorizes that, on a transitional basis and in its capacity as agent, W PAYMENTS receive the Income of the Ally in the deposit account that W PAYMENTS registers with the Acquiring Entity.
Know and authorize W PAYMENTS to debit from its Income all the Discounts that take place as stipulated in these T&C.
Knows and grants irrevocable mandate to W PAYMENTS so that, on behalf and order of the Ally, W PAYMENTS can block the Income disbursed to the Ally's deposit account when an investigation is initiated for a fraud alert, reported by one of the parties involved in the traceability of Payment Management. The Income will be blocked in the deposit account until the investigation is concluded in accordance with the security policies of the intervening entities.
Discounts and Amount. Each time the transactions are processed, in the periods provided for payment by the Acquiring Entities, the respective discount will be made to the gross Income that the transaction represents; therefore, the Ally will be disbursed the net Income. Discounts are understood as the rate, the financial costs arranged by the bank and by national law.
The Ally must pay W PAYMENTS an amount for the Services, that is, for the Payment Management mandate and the use of the Technological Solution or other services that W PAYMENTS may provide.
The W PAYMENTS Amount is composed of a percentage value that is calculated on the total amount of the transaction and a fixed value that is applied to each transaction regardless of the amount of the transaction. The charge is made for each successful transaction.
The Ally irrevocably authorizes W PAYMENTS to make this discount of the Income that the Ally has for each transaction that is made.
W PAYMENTS will communicate the amount made and in force to the Ally, who will have full knowledge of the costs of the Services.
They apply the rates that are in force at the time of acceptance of these T&C or when the new applicable rates are notified. W PAYMENTS must notify at least fifteen (15) days before the effective date of the increase.
In the event that W PAYMENTS cannot make the discount of the Amount or any balance advance (Pay Me Now) made by the Ally, at the time of the transaction, W PAYMENTS may discount another transaction or those Pending Income. In any case, the Ally will always be obliged to pay and clean up directly to W PAYMENTS the value that cannot be discounted.
The Amount does not include taxes or other applicable legal deductions.
Billing plans. W PAYMENTS will make the respective disbursement corresponding to the Ally in the deposit account that it has designated for this purpose within a maximum period of five (5) business days from the date of approval of the transaction by the Acquiring Entity. The Disbursement will be subject to the Discounts that may take place as stipulated in these T&C.
W PAYMENTS reserves the right to modify the conditions that apply to the Billing Plan, in which case it must previously notify the Ally.
As a general policy, when an Ally creates their W PAYMENTS Account for the first time, the first Disbursement will be executed after the first five (5) calendar days following the date of the first transaction.
If W PAYMENTS offers various Billing Plans, W PAYMENTS may limit the choice of the Billing Plan in accordance with its internal policies; likewise, it may assign at its discretion the applicable Billing Plan for a certain Ally.
Disbursements to the Ally's deposit account.
Account for Disbursements. The Ally must indicate a deposit account in at least one of the financial institutions authorized by W PAYMENTS. The holder of the deposit account must be the natural person or the legal person or the legal representative who registers as an Ally, or under the free and voluntary designation that he registers for the dispersion of payments. In this deposit account, W PAYMENTS will disburse the net income that has been generated in favor of the Ally. If the Ally requires to change the registered deposit account, it must make the request to W PAYMENTS through the enabled channels, without prejudice to the additional verifications or supports that W PAYMENTS may require for this purpose.
Activation of Disbursements. The Ally must complete the linking process to request the Disbursement of Net Income in the deposit account that has indicated. The requested documents must be attached and the additional information required must be provided. W PAYMENTS reserves the right to continue with its linking process, to conduct an additional assessment or to reject the applicant's linking.
Conditions of disbursements. Net Income is disbursed to the deposit account indicated by the Ally according to the applicable Billing Plan.
Operational traceability and verification requirements. The Ally knows and accepts that any request for Disbursement and / or transfer from the W PAYMENTS Account to a deposit account in the country or abroad will be subject to the identification, validation, verification and operational traceability procedures defined by W PAYMENTS and / or by the financial institutions, acquirers, processors or third parties involved. Consequently, W PAYMENTS may request additional information, supports, confirmations and / or updates about the holder of the receiving account, his relationship with the Ally, the origin, nature, purpose and destination of the resources, as well as any other data necessary to comply with security policies, fraud prevention, regulatory compliance or requirements of competent authorities. The lack of delivery or inconsistency of such information may result in delays, withholdings, rejections or impossibility of executing the Disbursement, without any responsibility for W PAYMENTS.
W PAYMENTS will only disburse the Net Income it has received on behalf of the Ally on the dates accredited according to the Billing Plan.
Disbursements do not operate automatically every time an Acquiring Entity makes a transaction.
The Ally knows and accepts that some transactions require additional validation before it is held successful. A transaction may be pending authorization for up to five (5) business days by the acquiring processors or the respective entity in charge of the payment system. When a transaction is pending authorization, it cannot be disbursed and the term for the Disbursements will begin to run from the effective date on which the Income is paid to W PAYMENTS.
The Ally releases W PAYMENTS from any liability in relation to Erroneous disbursements or those that are unsuccessful due to the improper provision of information by the Ally.
The Ally will assume the financial costs and other charges associated with the Disbursements made by W PAYMENTS in the Ally's deposit account.
W PAYMENTS will only make disbursements to the deposit account registered in the W PAYMENTS Account.
The Ally may request the Disbursement, only, of the net Income that is marked as available in its W PAYMENTS Account.
When the Ally has Income pending Disbursement and a Voluntary Cancellation is requested, the request cannot proceed with the application until the Income is disbursed.
When the Ally has Outstanding Income and it has been inactive for a period exceeding twelve (12) months since the last transaction, it irrevocably authorizes W PAYMENTS to disburse in the last deposit account that appears registered in the W PAYMENTS Account.
The Ally authorizes W PAYMENTS to retain the Income for a maximum period of one hundred and twenty (120) calendar days when fraud alerts exist. The retained income may not be disbursed until the validation process by the fraud alert is fulfilled and will not generate any right to interest or returns. W PAYMENTS may also withhold the Allied's Income when it does not heal signs of fraud reported and based on our security filters; likewise, when the Ally performs Prohibited or Illegal Activities, or makes prohibited use of the Services. W PAYMENTS will communicate the relevant instructions to the Ally.
The Ally knows and accepts that the holders of the means of payment may present claims, fines, warnings and / or sanctions on the production transactions carried out by the Ally and that these controversies are procedures outside W PAYMENTS and are carried out by the Acquiring Entity. These claims may have their origin in ignorance of the transaction for fraud or other causes that enshrine the binding regulations between the Ally and the Acquiring Entity.
The Ally authorizes W PAYMENTS to make the Discounts to the Income of the Ally, by virtue of fines, sanctions or any controversy caused by the Ally, in accordance with the provisions of these T&C and / or the provisions of the Acquiring Entity.
W PAYMENTS may request from the Ally the support of the transactions, which must be provided within five (5) business days following the date of request.
W PAYMENTS will receive and provide due processing to the complaints or clarifications filed by the Ally on any inconsistency that derives from the Disbursements, within five (5) business days following the occurrence of the event.
Tax Obligations. The Ally will assume the same tax quality as W PAYMENTS for the purposes of taxes that the Ally must assume with the government authorities. Likewise, the Ally must assume any cost or charge associated with the transactions it makes to access or use the Services. W PAYMENTS will apply to the Ally the legal discounts, when there is a need to make them, in accordance with the tax quality of W PAYMENTS, and will deliver the respective certificates necessary for the fulfillment of its tax obligations. The mandate granted under these T&C does not make W PAYMENTS responsible for the tax obligations of the Ally. The Ally is the only one obliged to know and comply with its tax obligations, and those that are generated in relation to the Acquiring Entities.
SECTION 6. RESPONSIBILITIES OF THE ALLY
The Ally, without prejudice to the other obligations stipulated in these T&C, (i) Must be responsible for the legal, accounting and tax management of its operations; (ii) Refrain from storing, exchanging, supplying or disclosing, for any reason, information related to sensitive personal data, transactions, or any other that is considered confidential, that may be known in the development of its economic and professional activity, unless expressly requested by the Acquiring Entity, or by order of a competent authority; (iii) Keep for a term of two (2) months from the date of each payment processing, the supporting documents of the transactions through the W PAYMENTS Services, in order to respond to complaints that may be made; (iv) Ensure that your quality policies are clearly aligned with the contractual legal regulation; (v) Comply with current regulations on consumer protection, and with the procedures defined by the Acquiring Entity, and W PAYMENTS in compliance with said regulation, (vi) Protect your systems, networks, passwords and/or others that you deem necessary against the access of unauthorized persons; (vii) Maintain commercially reasonable practices guided to keep the privacy of data safe and protected by the (viii) Comply with W PAYMENTS' requests to take reasonable and necessary action to maintain the security and integrity of the Services; (ix) Perform updates to the latest software version, security updates and patches necessary to properly use the W PAYMENTS Services.
SECTION 7. FRAUD PREVENTION
The Ally understands that any violation of the security and fraud prevention rules stipulated in these Terms and Conditions may result in fines or other losses to W PAYMENTS. For this reason, the Ally will immediately indemnify and reimburse W PAYMENTS for any fine or loss caused directly or indirectly by its actions and those of its agents.
Investigations for Security Alerts. In the event that W PAYMENTS suspects that there has been a breach of security, leakage, loss or compromise of data in the system, Platform or application that affects compliance with these T&C, it is possible that W PAYMENTS requests the Ally to allow an audit of the security of its systems, and procedures. The Ally shall cooperate fully with any request for information or assistance made by the auditor.
SECTION 8. ILLEGAL AND PROHIBITED ACTIVITIES
The Ally is responsible for using the Services in accordance with the purposes set out in these Terms and Conditions and applicable laws. The use of the Services for illicit or prohibited activities is expressly prohibited. The Services must be used on its own behalf or on legal behalf of a legal entity. It is forbidden to use the Services on behalf of a third party, unless expressly authorized by W PAYMENTS.
The use of the Services to carry out Illegal or Prohibited Activities is totally prohibited.
If W PAYMENTS detects that the Ally is using the Services to carry out Illegal or Prohibited Activities, it may immediately reject, cancel and/or suspend the W PAYMENTS Account and the use of the Services, without prior notice or any liability. This is without prejudice to the relevant legal actions that W PAYMENTS may carry out against the Ally, or third parties participating in the Illicit or Prohibited Activities detected.
The Ally will indemnify and reimburse W PAYMENTS for any sanction or fine that may be imposed by the acquiring Entities, the government authorities or W PAYMENTS if it is proven that the Ally used the Services to perform Illegal or Prohibited Activities.
Illegal Activities. W PAYMENTS considers Illicit Activities, all those indicated by current law, as well as any activity leading to an illegal object and / or cause.
Prevention of money laundering and terrorist financing. W PAYMENTS is obliged to have policies and procedures aimed at mitigating the risk of money laundering and the financing of terrorism, for this it has established a series of policies applied to our customers that allow them to comply with regulatory obligations and mitigate risks. By accepting these terms and conditions, the Ally commits to W PAYMENTS to implement measures to prevent its operations from being used as an instrument for the concealment, management, investment or use of any form of money or other goods from illicit activities or to give appearance of legality to these activities. Likewise, the Ally declares that he is not aware of investigations, accusations, sanctions or convictions by the competent authorities of the national or foreign order against him or third parties acting on his behalf, or in the case of legal entities, their legal representatives, administrators, managers or third parties acting on his behalf, associates or direct and indirect shareholders with a participation of more than 5% in the share capital or their subordinates, nor for the administrators of their subordinates in any jurisdiction, for the following events:
The alleged commission of crimes related to money laundering, their source crimes including those related to corruption, or the financing of terrorism;
For conduct that is punishable in administrative, disciplinary, fiscal or judicial matters for violations of any anti-corruption rule.
Additionally, it declares that it has not been included in lists administered by any national or foreign authority for the control of money laundering, the financing of terrorism and corruption, in any of its modalities. In the event that the information provided by the Ally is not true or that during the validity of the commercial relationship, W PAYMENTS evidences the existence of investigations, accusations, sanctions or convictions against the Ally or against any of the natural or legal persons mentioned in the previous paragraph, originating in any of the events equally related, W PAYMENTS may consequently cancel the W PAYMENTS Account and the use of the Services, terminating unilaterally for just cause the existing commercial relationship without giving rise to the payment of any compensation at the expense of W PAYMENTS
Prohibited Activities. W PAYMENTS considers Prohibited Activities:
Extraction of gold and other precious metals
Extraction of other non-ferrous metallic minerals n.e.c.
Extraction of emeralds, precious and semi-precious stones
Basic Precious Metal Industries
Manufacture of weapons and ammunition
Material recovery
Wholesale of metals and metal products
Support activities for other mining activities of mines and quarries
Wholesale of waste, waste and scrap
Activities of exchange houses
Activities of foreign exchange purchase and sale professionals
Gambling and betting activities
Retail sale of pharmaceutical and medicinal products
Trade of any kind related to companion animals, wild animals and/or biological material.
SECTION 9. CANCELLATION, DEACTIVATION AND SUSPENSION
W PAYMENTS reserves the right to cancel, deactivate or suspend, at any time, at its discretion and without any kind of compensation or liability, the W PAYMENTS Account and the use of the Services.
Cancellation. The W PAYMENTS Account and use of the Services can be terminated by:
Voluntary Cancellation: The Ally may request the Voluntary Cancellation of your W PAYMENTS Account and access to or use of the Services. For the Business Service, this request will be processed whenever the Ally has no pending Disbursements in accordance with the Billing Plan, or the Ally owes W PAYMENTS any amount of money for any reason. In any case, if El Aliado decides to use the Services again, it must request the reactivation of the W PAYMENTS Account, communicating through the channels enabled by W PAYMENTS.
Permanent Cancellation: W PAYMENTS may, at any time and for any reason, apply the Permanent Cancellation of the W PAYMENTS Account and the use of the Services; therefore, the Ally may not by himself or through another person, recreate a W PAYMENTS Account or use the services.
For the purposes of these T&C, Voluntary Cancellation and Definitive Cancellation are understood as a contractual termination followed by the effects described in these T&C.
Deactivation. W PAYMENTS may deactivate a W PAYMENTS Account and access to or use of the Services when in a period equal to or greater than twelve (12) consecutive months from the last recorded transaction, the Ally has not made use of the Services, has no Disbursements or charge-offs pending processing. For the Business Service, the Ally may access your W PAYMENTS Account again, entering your username and password, but you must request the reactivation of the Services through the channels enabled by W PAYMENTS.
Suspension. W PAYMENTS may suspend a W PAYMENTS Account and/or the use of the Services when they register; (i) High levels of fraud in accordance with W PAYMENTS policies; (ii) The Ally has not updated its information for a period of more than 12 months since the last update; (iii) The Ally uses the Services to perform illegal activities. The Suspension is not a contractual termination; therefore, the Ally remains bound by the stipulations of these T&C. The Suspension of the W PAYMENTS Account disables the use of the Access Tools and the Disbursement. When a Suspension is applied, W PAYMENTS will initiate an investigation of the Ally. Depending on the results of the investigation, W PAYMENTS may lift the suspension or apply a Definitive Cancellation. The investigation will have a maximum term of 120 calendar days.
SECTION 10. Limitation of liability
W PAYMENTS limits its liability to uninterrupted access or use in the provision of the Services. The provision of the Services is subject to technical, technological or any other failure, outside the control of W PAYMENTS. W PAYMENTS will not be liable, under any circumstances, for any indirect, punitive, incidental, moral, special, emerging, loss of profit, loss of business opportunity or loss of reputation resulting from the use, inability to use the Services or the unavailability of the Services. Nor shall it be liable for any damage resulting from or related to hacking, manipulation or any unauthorized access or use to the Services, W PAYMENTS Accounts, data, servers, infrastructure, for errors in the use or implementation of anti-fraud measures, security checks or any other security measure, or for the illegal actions of third parties. In any case, the Ally accepts that the contractual liability of W PAYMENTS or that any limit of liability not described in these T&C will be limited to material, direct, quantifiable, verifiable and foreseeable damages, attributable to the actions or omissions of W PAYMENTS up to minor negligence, who will be understood to have the degree of diligence required of a merchant in the ordinary turnover of his business. Under no circumstances will the liability of W PAYMENTS, and in aggregate, exceed twenty percent 20% of the fees paid by the Ally to W PAYMENTS in a period of twelve (12) months, immediately preceding the fact on which the claim is based. W PAYMENTS will not be responsible to the Acquiring Entities or third parties, who may not impute any responsibility to W PAYMENTS for any type of damage or loss caused by the Ally. W PAYMENTS does not guarantee, endorse or assume responsibility for any product or service advertised or offered by a third party. The Ally is solely responsible for the management of the W PAYMENTS Account and the Services; therefore, any damage or prejudice that may be caused by the conduct of its controllers, agents, subsidiaries or subsidiaries, officials, employees, directors, representatives, and in general, any person who has access to the Services by express authorization of the Ally, must be compensated exclusively by the Ally.
SECTION 11. FUNDS IN TRANSIT; ABSENCE OF CUSTODY OR OWNERSHIP OVER RESOURCES
W PAYMENTS does not act as a bank, financial institution, remittance company, regulated payment service provider, or as custodian, depositary or fund manager.
Any appeal received by W PAYMENTS within the framework of the Services is received exclusively for the limited purpose of facilitating its processing, reconciliation and subsequent transmission, in accordance with the instructions of the User or Ally and through third-party providers of duly enabled and regulated payment rails.
At no time does W PAYMENTS acquire ownership, ownership, economic benefit, real right, credit right or discretionary control over the funds processed. These resources are not collected, deposited, invested, borrowed, grouped, managed or used by W PAYMENTS for its own purposes.
The temporary permanence of the funds in accounts opened in the name of W PAYMENTS is strictly operational and transitory, and occurs only to allow the technical execution of payment instructions within the third-party infrastructure. Such permanence does not constitute custody, capture, deposit, trust, fiduciary assignment, trust relationship, resource administration or legal relationship of a similar nature.
The processes of processing, settlement, clearing, conversion, compliance controls, risk monitoring, validations, reviews, withholdings, blocks, delays or transaction rejections are executed by, and remain under the responsibility of, the respective third-party payment rail suppliers, in accordance with their own terms, internal policies and applicable regulatory frameworks.
W PAYMENTS does not exercise discretionary control over the approval, release, retention or rejection of funds, beyond the technical and operational execution of the instructions received, within the limits imposed by said third parties, without prejudice to the operational and compliance powers expressly provided for in these T&C.
W PAYMENTS will not be responsible for delays, interruptions, reversals, restrictions or blockages that originate as a result of internal policies, compliance procedures, regulatory revisions, security validations or operations of third-party payment rail providers.
In no case will it be understood that between W PAYMENTS and the User or Ally a custody, trust, deposit, assignment, resource administration, fiduciary mandate, or any other relationship that involves the possession, control or fiduciary management of funds.
SECTION 12. SERVICE FEES AND CURRENCY CONVERSION
12.1 W PAYMENTS fees. W PAYMENTS charges fees for the provision of payment processing services, technical facilitation, payment orchestration and use of its technological solution, as informed and accepted by the User or Ally at the time of the transaction or contracting the corresponding Service.
12.2 Third-party costs. Applicable rates may incorporate, reflect or be affected by costs associated with duly regulated third-party providers, including, but not limited to, payment rail providers, acquiring entities, liquidity providers, clearing and settlement mechanisms, compliance processes and auxiliary services necessary for the execution of transactions.
12.3 Currency conversion. W PAYMENTS does not independently provide currency exchange services, does not act as an exchange house, nor does it set, determine or guarantee currency conversion rates.
Any currency conversion that is applicable to a transaction will be carried out exclusively by third-party suppliers, under their own terms, conditions, pricing policies and regulatory frameworks.
12.4 Estimated nature of the values. Where appropriate, the estimated settlement values, conversion results or net amounts to be received may be informed to the User or Ally on a referential or estimated basis, and may vary between the moment of authorization of the transaction and its effective settlement, as a result of market fluctuations, processing times, compliance validations or policies of the third parties involved.
12.5 Absence of guarantee on rates or results. W PAYMENTS does not guarantee the obtaining of a specific, preferential or more favorable exchange rate, nor does it assume any responsibility for exchange differences, market variations, spreads, adjustments or costs derived from the currency conversion carried out by third parties.
12.6 Non-transferability of benefits, economic conditions and internal concepts. The User or Ally knows and accepts that the costs, rates, commissions, fees, benefits, incentives, discounts, economic conditions, calculation references, visualizations, estimates, balances in exchange, and any other concept associated with the operation within the W PAYMENTS Account are of exclusive application within the Platform and, therefore, are not transferable, assignable, negotiable or transferable in favor of third parties. In no case do these concepts constitute an autonomous right, a transferable asset, a negotiable security, a credit right against third parties, or an enforceable obligation other than the operational execution of the Services in accordance with these T&C.
SECTION 13. Intellectual property
W PAYMENTS and its licensors are sole owners of all rights, titles and interests in patents, copyrights (including rights to derivative works), moral rights, publicity rights, trademarks or service marks, logos and designs, trade secrets and other intellectual property incorporated by or contained in the API, the Services, the Platform (the "Intellectual Property of W PAYMENTS") or any copy thereof. All rights of W PAYMENTS and its licensors not expressly granted to the Ally in these T&C, are reserved.
Under these T&C, W PAYMENTS has been granted a limited, non-exclusive, revocable, non-transferable license to electronically access and use (the software that is part of the Services, as authorized in these T&C) the Intellectual Property of W PAYMENTS and its licensors, only in the manner described in these T&C. W PAYMENTS and its licensors may make software updates for the Services, which the Ally must install in order to continue using the Services. Software updates may require additional terms, which will be communicated in advance to the Ally.
W PAYMENTS and its licensors do not sell to the Ally or have the right to sublicense the Intellectual Property of W PAYMENTS and its licensors.
In these T&C, the term Intellectual Property means all patent rights, copyrights, moral rights, publicity rights, trademarks, trademark and service mark rights, goodwill, trade secret rights and other intellectual property rights that may exist now or appear in the future and all your requests, registrations, renewals and extensions, according to the laws of any state, country, territory or other jurisdiction.
SECTION 14. AUTHORIZATION FOR PERSONAL DATA ADMINISTRATION
The Ally is aware of and accepts the W PAYMENTS Personal Data Processing Policy, which explains how the personal information provided by the Ally is collected, used and protected. This Policy is available on the wpayments.co website.
General Provisions
As an Ally, I authorize W PAYMENTS or whoever represents its rights in Colombia and / or abroad, with the purpose of complying with the law, the operation of the financial operation, the offer and administration of products and / or services, among others, so that in development of the activities that include its corporate purpose, my personal data can be requested, stored, consulted, verified, transmitted, shared, processed, modified, updated, clarified, withdrawn, disclosed, kept or object of any type of treatment operation under the provisions of Law 1266 of 2008, Law 1581 of 2012 and others rules related to the protection of personal data.
Authorizations for Commercial Purposes and for the Offer and Administration of Products and/or Services: As an Ally, I authorize W PAYMENTS to: a) contact me by phone, instant messaging directly or through its suppliers, send me messages by any means, as well as emails and social networks; b) share the information with suppliers and allies; c) consult, request or verify my location or contact information in public or private entities, in Colombia or abroad; d) analyze my consumption habits; e) obtain from me all the information you require, such as personal data, biometric data, access to facial recognition, fingerprinting, and voice identification of my electronic devices and location.
In addition to considering the aforementioned purposes, the following are also considered for W PAYMENTS: (a) validate and verify my identity for the offer and administration of products and services; (b) offer and provide its products or services through any medium or channel for my benefit; (c) provide commercial, legal, product, security, service or any other nature information; (d) conduct commercial analysis and research, data analytics, statistics, market, market and financial analysis, and the construction of aggregated information that you may share with your own customers and third parties.
I declare that: i) I have been informed about my right to know, update and rectify my Personal Data and to know the optional nature of my answers to the questions that are asked when they are about sensitive data; ii) This information is true, can be used for the updating process and is verifiable at any time, and I undertake to update or confirm at least once a year or whenever it is deserved. I also undertake to report any change related to contact details, tax residence, address and commercial activity, within 20 days of the date on which the change occurred; iii) For the update, only fill out the information that has changed in the last year, consequently, the information not completed remains in force.
For more information, you can contact: info@wpayments.co
Revocations: Without prejudice to the authorizations I have granted to W PAYMENTS for the processing of personal data, I declare that I know the right that I have to revoke in the terms provided for by law, any of the following authorizations: (i) sending text messages for commercial offers; ii) sending emails for commercial offers; (iii) commercial offer for telesales of products that I do not own in W PAYMENTS; and (iv) sharing information with third parties allies so that they offer their products, through the channels enabled by W PAYMENTS.
SECTION 15. OTHER PROVISIONS
Exchange Obligations: It is the responsibility of the Ally to comply, at its own expense and risk, with all legal obligations in foreign exchange that are applicable to it for the use of the Services. The Ally is responsible for the knowledge of the exchange rules of the commercial activity it carries out using the Services of W PAYMENTS.
Modification of the T&C: W PAYMENTS reserves the right to change, add or modify these T&C at any time and without any kind of compensation. W PAYMENTS will post such changes on the wpayments.co web portal, or by other reasonable means. Eventually, W PAYMENTS may send you a notification to your email or post a notice through its platform, by email, or by other reasonable means. For those who are already active Allies, the modifications will come into force ten (10) calendar days following the date of publication. If after ten (10) days, the Ally has not requested the Voluntary Cancellation of its W PAYMENTS Account, it is understood that it has accepted the new modifications of these T&C. For new allies, the modified T&Cs apply from their acceptance to the moment of creation of the W PAYMENTS Account. The Ally should periodically consult the W PAYMENTS web portal to review the modifications to these T&C. The Ally can know when these T&C was last modified by consulting the "Last update" date at the top of these T&C. Previous versions will be available on the W PAYMENTS web portal.
Dispute Resolution: The law applicable to the interpretation, execution, termination, collection of sums of money and in general the law applicable to any aspect of these T&C will be the Colombian one. Consequently, any controversy or difference incurred by the parties on the occasion of the execution, interpretation or compliance of these T&C and that could not be directly resolved by them, will be submitted to the competent jurisdictional authorities in the city of Medellín.
The Ally will hold harmless and defend at its own expense W PAYMENTS and its employees, representatives, agents, directors, shareholders, contractors or subcontractors, suppliers or service providers harmless from (i) any malicious or culpable action or omission of the Ally or its employees, representatives, shareholders, contractors or subcontractors, suppliers or service providers; (ii) from the violation of any contractual or legal provision strictly related to the purpose of these T&C that binds the Ally, such as regulatory, banking, tax obligations and any labor obligation towards its employees or service providers whether for salaries, benefits or compensation; (iii) any lawsuit, claim or trial brought by a third party (including Colombian or foreign government authorities of any level) against W PAYMENTS that may affect their respective assets based on or derived from any of the concepts listed in the paragraphs indicated herein, (iv) of the illegal or inappropriate use of the Services, (v) of the violation of any rights of third parties, including, without limitation, privacy, publicity or intellectual property rights, (vi) from fraud resulting from identity theft of cardholders or payment means holders or, (vi) of any breach by the Ally against to the Acquiring Entities of the duties derived from these T&C, the Consumer Statute or, failing that, the applicable laws.
If a third-party claim is filed against W PAYMENTS, W PAYMENTS will notify the claim and provide copies of all related documentation to the Ally. Such notice and documentation will be provided as soon as possible. W PAYMENTS may cooperate with the Ally and its lawyers by providing information for the investigation and defense of such claim and any appeal.
These T&C, the Privacy Policy, the publications of Amount and any other document that the Ally accepts for the provision of the Services constitute the single and total document existing between W PAYMENTS and the Ally to regulate the legal relationships that derive from the Services object of the same and, therefore, leaves invalidity any verbal or written proposal made in advance on the same Services and will provide, by themselves, executive merit to demand compliance with all the obligations and benefits contained in this document. In case of contradiction or incompatibility between the terms and conditions of this contract and other documents, the stipulations of these T&C will prevail in the first place, since it reflects the total, sole and full will to accept the terms on the Services provided, concluded in full good faith. If any provision or part of these T&C is considered invalid or inapplicable, then it will be reformed and interpreted to meet the objectives of that provision to the greatest extent possible; but in any case, all remaining provisions will continue in full force and effect.
Assignment. The Ally may not assign these T&C or any right, license granted under these or assign the operation of the W PAYMENTS Account to third parties, without the prior consent of W PAYMENTS. Any attempted assignment will be considered invalid without the authorization of W PAYMENTS. If the Ally wants to assign its contractual position in these T&C, it must contact W PAYMENTS to follow the stipulated procedure. If W PAYMENTS accepts the proposed assignment, whoever acts as a new Ally must assume all the rights and obligations of these T&C. W PAYMENTS may assign these T&C at its discretion without the consent of the Ally and without any restriction, for which it will previously make known to the Ally.
This contractual relationship is for an indefinite term. Termination will be configured when (i) the Ally requests Voluntary Cancellation, (ii) W PAYMENTS applies the Definitive Cancellation, or (iii) ceases the provision of the Services. In any case, the termination of this contractual relationship will subsist and the provisions of Limitation of Liability, Disbursements, Disputes, and Other provisions will remain in force.
SECTION 16. LIQUIDATION SERVICE THROUGH DIGITAL ASSETS
16.1 Nature of the service
The Digital Assets Settlement Service is a strictly operational and technical mechanism that allows the Ally to receive the settlement of income generated on digital platforms or ecosystems that use internal value units, credits or equivalent mechanisms, through digital assets of stable value.
This service does not constitute, nor can it be interpreted as, a financial intermediation activity, sale of crypto assets, custody of digital assets, investment advice, foreign exchange activity, or provision of financial services of any kind.
16.2 Role of W PAYMENTS
W PAYMENTS acts exclusively as a technological facilitator and operational orchestrator of the liquidation, without assuming at any time the custody, administration, control, possession or disposal of digital assets.
In particular, W PAYMENTS:
Does not manage or control digital wallets (wallets)
Does not guard private keys
Does not maintain unilateral control over digital assets
It does not guarantee values, stability, liquidity or economic results
16.3 Enabled digital assets
The service is limited exclusively to the use of digital assets of stable value, such as USDC or USDT, or those that W PAYMENTS expressly authorizes in the future, provided that they have sufficient adoption, traceability and operational acceptance.
16.4 Irreversibility and execution
Once the Ally issues the settlement order through digital assets and this is confirmed, the operation cannot be canceled, reversed or modified, in view of the technical and irreversible nature of this type of transaction.
16.5 Execution and validation deadlines
W PAYMENTS will have a period of up to three (3) business days from the receipt of the request to execute the settlement, during which it may:
Verify the information provided,
Validate the production or income to be settled,
Confirm the activation of the balance,
Perform compliance, security and fraud prevention controls.
16.6 Risks assumed by the Ally
The Ally acknowledges and accepts that the use of digital assets involves inherent risks, including, but not limited to:
variations in value
Technological risks
errors in the information provided
third-party operational failures
Unpossibility of reversal
The Ally declares that it fully understands these risks and assumes exclusively any loss or economic impact arising from the use of this service.
16.7 Exemption from liability
W PAYMENTS will not be responsible, directly or indirectly, for:
economic losses
property damage
transmission errors
third-party failures
unforeseen risks
nor for the impossibility of recovering digital assets once the operation is executed
The Ally expressly and irrevocably releases W PAYMENTS from any claim related to the use of this service.
16.8 Regulatory compliance and origin of funds
The Ally guarantees that the income subject to settlement:
come from lawful activities
comply with the applicable regulations
are not related to money laundering, terrorist financing or other prohibited activities
W PAYMENTS reserves the right to reject, suspend or block any operation when there are risk alerts, regulatory breaches or requirements of competent authorities.
16.9 Authorizations and debits In the event that fines, sanctions, adjustments or reprocesses attributable to the Ally are generated, the latter expressly authorizes W PAYMENTS to make the corresponding debits in future settlements, in accordance with the provisions of these T&C, without prejudice to the legal actions that may arise.
PAY ME NOW
The Pay Me Now service is a tool designed for the allies of our W PAYMENTS Account to advance outstanding balances to be settled by the recipients of outsourcing services, allowing access to working capital in a safe and agile way. This service is not an instrument to carry out commercial activities in the foreign exchange market, trading, forex and/or currency market.
The following terms and conditions are established for the proper processing of this service:
Applications will be received from Monday to Saturday, from 7:00 a.m. to 2:00 p.m.
The ally has two Pay Me Now options: standard prepayment and priority advance payment.
In the standard advance payment, adjusting the receipt of the request to the established time, W PAYMENTS will execute the operation in a maximum period of 1 business day, adjusting to the TRM of the time of the transfer.
In the priority advance payment, aligned the request with the time frame determined by W PAYMENTS, the payment will be made the same business day, guaranteeing the transaction with our TRM rate of the day.
The operations requested on Saturday will be subject to the holiday treatment policies of the receiving banking entity.
The ally may cancel the Pay Me Now service at no cost one (1) hour after the filing of the procedure; after this term and up to three (3) hours, the cancellation will cost five dollars ($5 USD), which will be debited automatically in the next current settlement.
Errors in the processing, personal information, banking and / or in the production correlation and balance advance attributable to the Ally will incur the imposition of a fine of five dollars ($5 USD), due to operational and transactional wear, which will be debited automatically in the next current settlement, providing due communication and relevant supports.
W PAYMENTS will automatically deduct the amount advanced in Pay Me Now in the next regular and current period settled by the service recipient; in case W PAYMENTS does not make the corresponding discount in that period, it may execute it automatically in the next cycle.
VALIDITY This Terms and Conditions Policy was approved on January 19, 2026 and begins to apply from that same date.
Terms & Conditions
Last updated: January 19, 2026
W PAYMENTS: we are the intermediary in electronic payment processes, facilitating the management, dispersion of funds and facilitator of electronic payments that provides basic and efficient solutions for international collection processes, allowing working capital to be dynamized with agility, clarity and security, through payment management operations, cross border, international factoring and / or confirming, which allows us to have effective and inclusive processes, conducive to execute in SMEs, MSMEs and individuals.
The purpose of this treaty is to publicize the regulation of terms and conditions under which the services offered by W PAYMENTS are integrated, so it is important that you carefully and detailed review the terms and conditions about the policy of use that we have gathered in this document. If you access this portal and the W PAYMENTS services, it means that you agree, in their entirety, with these terms and conditions (hereinafter T&C) that are stipulated below. If you do not agree, please do not access this portal.
Protecting your privacy is very important to W PAYMENTS. Review our policy for the processing of personal data so that you understand our commitment to maintain your privacy, as well as the use of your protected information.
SECTION 1. General aspects
W PAYMENTS declares that:
It is an international consortium, with a partnership in Colombia, subject to the inspection, control and surveillance of the country's regulators, it is not an entity providing financial services nor does it carry out operations of collection, possession or administration of assets.
It has the quality of Facilitator authorized by the Acquiring Entity and Collector on behalf of the Ally of the funds resulting from the payment orders in its favor. Likewise, W PAYMENTS may enable other payment processing services.
It is a technology service provider that, through its platform, offers the management of receipt and dispersion of payments, data analysis and related services. It acts as an authorized facilitator in the management and intermediation of international payments, protected by Banking As A Service (BAAS) agreements.
It does not carry out financial activity or provide any financial, postal or stock exchange services. Nor does it authorize third parties to use the Services for such purposes.
W PAYMENTS does not collect resources or receive bank deposits directly from the public. The economic resources collected by W PAYMENTS are received by way of mandate on behalf of the corresponding Ally, acting as a trusted intermediary for the proper management and delivery of the funds according to the instructions detailed in these Terms and Conditions. We guarantee a transparent and secure administration of resources in compliance with current legal and regulatory provisions.
The Services are provided only to certified Allies with their data and accounts.
It does not require Allies to accept a particular brand of credit, debit, prepaid or gift cards to access the Services or a specific means of payment.
W PAYMENTS only allows the Ally to accept the means of payment authorized by the Acquiring Entities.
The Services are enabled so that natural or legal persons ("Allies") can monetize the payments invoiced on the platforms of the acquiring entities, without prejudice to the conditions established in these T&C.
It does not intervene in the contracts or agreements of the Ally with the acquiring entities, maintaining autonomy in legal relations and guaranteeing compliance with the contracted services.
It guarantees the constant monitoring of the Services to identify and correct possible errors, ensuring the quality and protection of the same against security threats, with the commitment to offer a reliable and secure service.
The Ally declares that:
He is of legal age and has full legal capacity to contract and bind himself in the respective capacity in which he acts.
You know and accept that the authorizations granted under these T&C will remain in force until a Definitive Cancellation or a Voluntary Cancellation is applied.
You know and accept that the Services are provided AS IS as described in these T&C, without any other type of express or implied warranty.
All the information and data provided to W PAYMENTS are true, so the attached documents are authentic, truthful and verifiable; so it authorizes its verification before any person, national or foreign. The Ally agrees to update your information at least once a year or whenever a change occurs in the information provided or when requested by W PAYMENTS.
You know and accept the Personal Data Processing Policy of W PAYMENTS, which explains how the Personal Information of the Ally is collected, used and protected.
You know and accept that W PAYMENTS may, at any time, verify before Information and Risk Operators, or before any other entity that manages or administers databases, everything related to your present, past and future financial, commercial and credit information.
W PAYMENTS does not act on behalf of promoting or exploiting businesses in a certain branch and within a pre-fixed area or before any acquiring entity, as a representative or agent of the Ally.
The Ally, at all times, will act on its own behalf before the acquiring entities.
It has all the required operating permits, according to the activity or corporate purpose it develops. The Ally assumes full responsibility for the failure to obtain such permits.
You know and accept that this legal relationship is of a commercial nature. The Ally carries out its commercial activity autonomously and independently, using for the fulfillment of its work, its own personnel without any legal, labor or administrative subordination between W PAYMENTS and the Ally, its collaborators and dependents; therefore, such concepts as fees, wages, subsidies, affiliations, compensation, and other legal or extralegal benefits, which arises due to or on the occasion of the services of the Ally's staff, will be assumed exclusively by the Ally with respect to its employees, officials or contractors.
W PAYMENTS has no interference in the actions that derive from the normal turnover of the Ally's businesses or in the fixing of prices by the Acquiring Entity, so it is totally unrelated to the legal link that exists with it.
You know and agree that W PAYMENTS reserves the right to reject, in its sole discretion, your registration request to create or activate the W PAYMENTS Account and use the Services.
You will not use the Services, directly or indirectly, for any fraudulent purpose or that interferes with the operation of the Services. The use of the Services must comply with these T&C, the applicable laws and regulations.
Know and understand that the Acquiring Entities, nor the financial entities binding in the traceability of the collections, are subcontractors of W PAYMENTS.
The Ally knows and accepts that these T&C are made available to it through electronic support and that their electronic acceptance and all activity within the W PAYMENTS Account may be used by W PAYMENTS before the administrative or judicial authorities as evidence of the existing legal relationship in accordance with current regulations. In any case, the Ally may make a printed copy of the T&C that are published at wpayments.co/tyc
SECTION 2. THE SERVICES
As Aggregator, W PAYMENTS: a). It makes it easier for the Ally to speed up the invoiced monetization, b). Processes transactions and traceability of payments, c). Manages payments acting on behalf of and on behalf of the Ally to receive in a deposit account, the money produced from the development of the Allied's commercial object, provided that the transactions are enabled before the Acquiring Entity, d). Disburse to the deposit account indicated by the Ally the Net Income, e). Debit the corresponding Discounts of the Gross Income as stipulated in these T&C.
Technological Solution. W PAYMENTS has developed a Technological Solution, which the Ally can use, only and strictly, under the stipulations established in these T&C. The Technological Solution has, a). A Platform for the verification, creation and activation of the W PAYMENTS Account, which allows the Ally to manage its transactions efficiently and safely, and b). Payment processing tools to enable the acceptance of means of payment before the Acquiring Entities.
In any case, the Services will be those available at the time the Ally activates his W PAYMENTS Account, or those that will be implemented in the future. W PAYMENTS reserves the right to temporarily suspend the use of the Services for reasons of security, maintenance or software update, changes in functionalities or for those fortuitous situations. W PAYMENTS is not responsible for the availability or possible technical failures that may be presented by the Acquiring Entity, the acquiring or issuing processors and those entities participating in the payment system.
SECTION 3. THE W PAYMENTS ACCOUNT
Account Creation. Only those natural or legal persons who carry out commercial or commercial activities duly authorized and registered, and who have not been subject to Suspension or Definitive Cancellation by W PAYMENTS, can register. To create the W PAYMENTS Account, you must provide business details, contact person and login information, including an email and password. The latter will be your access credentials; which will always be requested to access the W PAYMENTS Account. When the W PAYMENTS Account is created for the first time, it appears in registered status, that is, no transactions can be made until the account activation process is completed.
Account Activation. To use the Services, you must have an "Active" W PAYMENTS Account. For activation, the Ally must complete all personal and business information requested in the linking form. W PAYMENTS may request additional information or documents at any time, even after the activation of the W PAYMENTS Account. W PAYMENTS will validate the link form and verify the identity of the applicant. If the validation of the request is successful, the W PAYMENTS Account will appear in an active state, and from that moment you will be able to access the Services. W PAYMENTS reserves the right not to activate (reject), deactivate, suspend or permanently cancel the W PAYMENTS Account of anyone who provides incorrect, false, incomplete information or does not update their information. Under no circumstances will W PAYMENTS assume responsibility for these measures.
If there are indications that the W PAYMENTS Account has been used for criminal, illegal or contrary to these T&C purposes, the Ally grants express authorization for W PAYMENTS to share your data with the authorities to initiate the corresponding legal actions.
Custody of credentials and use of the Account. The Ally is responsible for guarding your password and restricting access to your W PAYMENTS Account and Services from your mobile devices, computer or other applications. Any use made from the W PAYMENTS Account is presumed to be made by the owner Ally; therefore, that use is authentic and authorized for W PAYMENTS. The Ally may request the change or reset of its password through the option enabled on the W PAYMENTS Platform.
Nature, scope and currency of the Account. The W PAYMENTS Account is a user account within the W PAYMENTS Platform, from which the Ally can use the Services. The W PAYMENTS Account operates under a base currency denominated in United States Dollars (USD), which will be used as a reference for the registration, calculation, valuation and administration of balances, income, Discounts, fees, costs, benefits and any other economic concept viewed or managed within the Platform. The Ally knows and accepts that the values reflected on the dashboard are presented in USD, without prejudice to the fact that, for the purposes of disbursements, conversions or liquidations, third parties intervene and / or operational, security or compliance conditions apply.
In no case can the W PAYMENTS Account be understood as a bank account, deposit or through which a financial service is provided. The Ally knows and accepts that the W PAYMENTS Account is a technological and operational user environment and that the fact that its information is expressed in USD does not imply, in any case, the opening of a bank account, deposit account, fiduciary relationship, custody, collection, or the provision of financial services by W PAYMENTS, as indicated in these T&C.
Dashboard, display and reports. The W PAYMENTS Account has a dashboard where, among other options, the Ally will be able to view the Income, the balances in exchange, the transaction history and activate the Access Tools. W PAYMENTS may send confirmation of the transaction to the email provided by the Ally, as well as reports of transactions made during a specific period of time or the last week.
SECTION 4. ACCESS TOOLS
W PAYMENTS makes available to the Ally its virtual service platform and personalized access to enable the W PAYMENTS account. Through these tools, the Ally can monitor, organize and manage data on payment processing, sales, account statements and access additional services such as balance advance, pay me now, which allows you to speed up working capital over a certain billing period, with a fixed amount provided for the acceptance of this special monetization tool.
SECTION 5. SPECIAL CONDITIONS OF THE BUSINESS SERVICE
Statements of the Ally. The Ally:
Know and accept that W PAYMENTS acts as Agent of the Ally to manage the payments made by the Acquiring Entities for the goods and / or services that the Ally offers, which supports the contractual relationship between the parties.
Knows and authorizes W PAYMENTS to, in its name and on its own account, act as its agent to receive, disburse, reverse or retain in the Payment Management, before the Acquiring Entities related to the Ally.
It knows and authorizes that, on a transitional basis and in its capacity as agent, W PAYMENTS receive the Income of the Ally in the deposit account that W PAYMENTS registers with the Acquiring Entity.
Know and authorize W PAYMENTS to debit from its Income all the Discounts that take place as stipulated in these T&C.
Knows and grants irrevocable mandate to W PAYMENTS so that, on behalf and order of the Ally, W PAYMENTS can block the Income disbursed to the Ally's deposit account when an investigation is initiated for a fraud alert, reported by one of the parties involved in the traceability of Payment Management. The Income will be blocked in the deposit account until the investigation is concluded in accordance with the security policies of the intervening entities.
Discounts and Amount. Each time the transactions are processed, in the periods provided for payment by the Acquiring Entities, the respective discount will be made to the gross Income that the transaction represents; therefore, the Ally will be disbursed the net Income. Discounts are understood as the rate, the financial costs arranged by the bank and by national law.
The Ally must pay W PAYMENTS an amount for the Services, that is, for the Payment Management mandate and the use of the Technological Solution or other services that W PAYMENTS may provide.
The W PAYMENTS Amount is composed of a percentage value that is calculated on the total amount of the transaction and a fixed value that is applied to each transaction regardless of the amount of the transaction. The charge is made for each successful transaction.
The Ally irrevocably authorizes W PAYMENTS to make this discount of the Income that the Ally has for each transaction that is made.
W PAYMENTS will communicate the amount made and in force to the Ally, who will have full knowledge of the costs of the Services.
They apply the rates that are in force at the time of acceptance of these T&C or when the new applicable rates are notified. W PAYMENTS must notify at least fifteen (15) days before the effective date of the increase.
In the event that W PAYMENTS cannot make the discount of the Amount or any balance advance (Pay Me Now) made by the Ally, at the time of the transaction, W PAYMENTS may discount another transaction or those Pending Income. In any case, the Ally will always be obliged to pay and clean up directly to W PAYMENTS the value that cannot be discounted.
The Amount does not include taxes or other applicable legal deductions.
Billing plans. W PAYMENTS will make the respective disbursement corresponding to the Ally in the deposit account that it has designated for this purpose within a maximum period of five (5) business days from the date of approval of the transaction by the Acquiring Entity. The Disbursement will be subject to the Discounts that may take place as stipulated in these T&C.
W PAYMENTS reserves the right to modify the conditions that apply to the Billing Plan, in which case it must previously notify the Ally.
As a general policy, when an Ally creates their W PAYMENTS Account for the first time, the first Disbursement will be executed after the first five (5) calendar days following the date of the first transaction.
If W PAYMENTS offers various Billing Plans, W PAYMENTS may limit the choice of the Billing Plan in accordance with its internal policies; likewise, it may assign at its discretion the applicable Billing Plan for a certain Ally.
Disbursements to the Ally's deposit account.
Account for Disbursements. The Ally must indicate a deposit account in at least one of the financial institutions authorized by W PAYMENTS. The holder of the deposit account must be the natural person or the legal person or the legal representative who registers as an Ally, or under the free and voluntary designation that he registers for the dispersion of payments. In this deposit account, W PAYMENTS will disburse the net income that has been generated in favor of the Ally. If the Ally requires to change the registered deposit account, it must make the request to W PAYMENTS through the enabled channels, without prejudice to the additional verifications or supports that W PAYMENTS may require for this purpose.
Activation of Disbursements. The Ally must complete the linking process to request the Disbursement of Net Income in the deposit account that has indicated. The requested documents must be attached and the additional information required must be provided. W PAYMENTS reserves the right to continue with its linking process, to conduct an additional assessment or to reject the applicant's linking.
Conditions of disbursements. Net Income is disbursed to the deposit account indicated by the Ally according to the applicable Billing Plan.
Operational traceability and verification requirements. The Ally knows and accepts that any request for Disbursement and / or transfer from the W PAYMENTS Account to a deposit account in the country or abroad will be subject to the identification, validation, verification and operational traceability procedures defined by W PAYMENTS and / or by the financial institutions, acquirers, processors or third parties involved. Consequently, W PAYMENTS may request additional information, supports, confirmations and / or updates about the holder of the receiving account, his relationship with the Ally, the origin, nature, purpose and destination of the resources, as well as any other data necessary to comply with security policies, fraud prevention, regulatory compliance or requirements of competent authorities. The lack of delivery or inconsistency of such information may result in delays, withholdings, rejections or impossibility of executing the Disbursement, without any responsibility for W PAYMENTS.
W PAYMENTS will only disburse the Net Income it has received on behalf of the Ally on the dates accredited according to the Billing Plan.
Disbursements do not operate automatically every time an Acquiring Entity makes a transaction.
The Ally knows and accepts that some transactions require additional validation before it is held successful. A transaction may be pending authorization for up to five (5) business days by the acquiring processors or the respective entity in charge of the payment system. When a transaction is pending authorization, it cannot be disbursed and the term for the Disbursements will begin to run from the effective date on which the Income is paid to W PAYMENTS.
The Ally releases W PAYMENTS from any liability in relation to Erroneous disbursements or those that are unsuccessful due to the improper provision of information by the Ally.
The Ally will assume the financial costs and other charges associated with the Disbursements made by W PAYMENTS in the Ally's deposit account.
W PAYMENTS will only make disbursements to the deposit account registered in the W PAYMENTS Account.
The Ally may request the Disbursement, only, of the net Income that is marked as available in its W PAYMENTS Account.
When the Ally has Income pending Disbursement and a Voluntary Cancellation is requested, the request cannot proceed with the application until the Income is disbursed.
When the Ally has Outstanding Income and it has been inactive for a period exceeding twelve (12) months since the last transaction, it irrevocably authorizes W PAYMENTS to disburse in the last deposit account that appears registered in the W PAYMENTS Account.
The Ally authorizes W PAYMENTS to retain the Income for a maximum period of one hundred and twenty (120) calendar days when fraud alerts exist. The retained income may not be disbursed until the validation process by the fraud alert is fulfilled and will not generate any right to interest or returns. W PAYMENTS may also withhold the Allied's Income when it does not heal signs of fraud reported and based on our security filters; likewise, when the Ally performs Prohibited or Illegal Activities, or makes prohibited use of the Services. W PAYMENTS will communicate the relevant instructions to the Ally.
The Ally knows and accepts that the holders of the means of payment may present claims, fines, warnings and / or sanctions on the production transactions carried out by the Ally and that these controversies are procedures outside W PAYMENTS and are carried out by the Acquiring Entity. These claims may have their origin in ignorance of the transaction for fraud or other causes that enshrine the binding regulations between the Ally and the Acquiring Entity.
The Ally authorizes W PAYMENTS to make the Discounts to the Income of the Ally, by virtue of fines, sanctions or any controversy caused by the Ally, in accordance with the provisions of these T&C and / or the provisions of the Acquiring Entity.
W PAYMENTS may request from the Ally the support of the transactions, which must be provided within five (5) business days following the date of request.
W PAYMENTS will receive and provide due processing to the complaints or clarifications filed by the Ally on any inconsistency that derives from the Disbursements, within five (5) business days following the occurrence of the event.
Tax Obligations. The Ally will assume the same tax quality as W PAYMENTS for the purposes of taxes that the Ally must assume with the government authorities. Likewise, the Ally must assume any cost or charge associated with the transactions it makes to access or use the Services. W PAYMENTS will apply to the Ally the legal discounts, when there is a need to make them, in accordance with the tax quality of W PAYMENTS, and will deliver the respective certificates necessary for the fulfillment of its tax obligations. The mandate granted under these T&C does not make W PAYMENTS responsible for the tax obligations of the Ally. The Ally is the only one obliged to know and comply with its tax obligations, and those that are generated in relation to the Acquiring Entities.
SECTION 6. RESPONSIBILITIES OF THE ALLY
The Ally, without prejudice to the other obligations stipulated in these T&C, (i) Must be responsible for the legal, accounting and tax management of its operations; (ii) Refrain from storing, exchanging, supplying or disclosing, for any reason, information related to sensitive personal data, transactions, or any other that is considered confidential, that may be known in the development of its economic and professional activity, unless expressly requested by the Acquiring Entity, or by order of a competent authority; (iii) Keep for a term of two (2) months from the date of each payment processing, the supporting documents of the transactions through the W PAYMENTS Services, in order to respond to complaints that may be made; (iv) Ensure that your quality policies are clearly aligned with the contractual legal regulation; (v) Comply with current regulations on consumer protection, and with the procedures defined by the Acquiring Entity, and W PAYMENTS in compliance with said regulation, (vi) Protect your systems, networks, passwords and/or others that you deem necessary against the access of unauthorized persons; (vii) Maintain commercially reasonable practices guided to keep the privacy of data safe and protected by the (viii) Comply with W PAYMENTS' requests to take reasonable and necessary action to maintain the security and integrity of the Services; (ix) Perform updates to the latest software version, security updates and patches necessary to properly use the W PAYMENTS Services.
SECTION 7. FRAUD PREVENTION
The Ally understands that any violation of the security and fraud prevention rules stipulated in these Terms and Conditions may result in fines or other losses to W PAYMENTS. For this reason, the Ally will immediately indemnify and reimburse W PAYMENTS for any fine or loss caused directly or indirectly by its actions and those of its agents.
Investigations for Security Alerts. In the event that W PAYMENTS suspects that there has been a breach of security, leakage, loss or compromise of data in the system, Platform or application that affects compliance with these T&C, it is possible that W PAYMENTS requests the Ally to allow an audit of the security of its systems, and procedures. The Ally shall cooperate fully with any request for information or assistance made by the auditor.
SECTION 8. ILLEGAL AND PROHIBITED ACTIVITIES
The Ally is responsible for using the Services in accordance with the purposes set out in these Terms and Conditions and applicable laws. The use of the Services for illicit or prohibited activities is expressly prohibited. The Services must be used on its own behalf or on legal behalf of a legal entity. It is forbidden to use the Services on behalf of a third party, unless expressly authorized by W PAYMENTS.
The use of the Services to carry out Illegal or Prohibited Activities is totally prohibited.
If W PAYMENTS detects that the Ally is using the Services to carry out Illegal or Prohibited Activities, it may immediately reject, cancel and/or suspend the W PAYMENTS Account and the use of the Services, without prior notice or any liability. This is without prejudice to the relevant legal actions that W PAYMENTS may carry out against the Ally, or third parties participating in the Illicit or Prohibited Activities detected.
The Ally will indemnify and reimburse W PAYMENTS for any sanction or fine that may be imposed by the acquiring Entities, the government authorities or W PAYMENTS if it is proven that the Ally used the Services to perform Illegal or Prohibited Activities.
Illegal Activities. W PAYMENTS considers Illicit Activities, all those indicated by current law, as well as any activity leading to an illegal object and / or cause.
Prevention of money laundering and terrorist financing. W PAYMENTS is obliged to have policies and procedures aimed at mitigating the risk of money laundering and the financing of terrorism, for this it has established a series of policies applied to our customers that allow them to comply with regulatory obligations and mitigate risks. By accepting these terms and conditions, the Ally commits to W PAYMENTS to implement measures to prevent its operations from being used as an instrument for the concealment, management, investment or use of any form of money or other goods from illicit activities or to give appearance of legality to these activities. Likewise, the Ally declares that he is not aware of investigations, accusations, sanctions or convictions by the competent authorities of the national or foreign order against him or third parties acting on his behalf, or in the case of legal entities, their legal representatives, administrators, managers or third parties acting on his behalf, associates or direct and indirect shareholders with a participation of more than 5% in the share capital or their subordinates, nor for the administrators of their subordinates in any jurisdiction, for the following events:
The alleged commission of crimes related to money laundering, their source crimes including those related to corruption, or the financing of terrorism;
For conduct that is punishable in administrative, disciplinary, fiscal or judicial matters for violations of any anti-corruption rule.
Additionally, it declares that it has not been included in lists administered by any national or foreign authority for the control of money laundering, the financing of terrorism and corruption, in any of its modalities. In the event that the information provided by the Ally is not true or that during the validity of the commercial relationship, W PAYMENTS evidences the existence of investigations, accusations, sanctions or convictions against the Ally or against any of the natural or legal persons mentioned in the previous paragraph, originating in any of the events equally related, W PAYMENTS may consequently cancel the W PAYMENTS Account and the use of the Services, terminating unilaterally for just cause the existing commercial relationship without giving rise to the payment of any compensation at the expense of W PAYMENTS
Prohibited Activities. W PAYMENTS considers Prohibited Activities:
Extraction of gold and other precious metals
Extraction of other non-ferrous metallic minerals n.e.c.
Extraction of emeralds, precious and semi-precious stones
Basic Precious Metal Industries
Manufacture of weapons and ammunition
Material recovery
Wholesale of metals and metal products
Support activities for other mining activities of mines and quarries
Wholesale of waste, waste and scrap
Activities of exchange houses
Activities of foreign exchange purchase and sale professionals
Gambling and betting activities
Retail sale of pharmaceutical and medicinal products
Trade of any kind related to companion animals, wild animals and/or biological material.
SECTION 9. CANCELLATION, DEACTIVATION AND SUSPENSION
W PAYMENTS reserves the right to cancel, deactivate or suspend, at any time, at its discretion and without any kind of compensation or liability, the W PAYMENTS Account and the use of the Services.
Cancellation. The W PAYMENTS Account and use of the Services can be terminated by:
Voluntary Cancellation: The Ally may request the Voluntary Cancellation of your W PAYMENTS Account and access to or use of the Services. For the Business Service, this request will be processed whenever the Ally has no pending Disbursements in accordance with the Billing Plan, or the Ally owes W PAYMENTS any amount of money for any reason. In any case, if El Aliado decides to use the Services again, it must request the reactivation of the W PAYMENTS Account, communicating through the channels enabled by W PAYMENTS.
Permanent Cancellation: W PAYMENTS may, at any time and for any reason, apply the Permanent Cancellation of the W PAYMENTS Account and the use of the Services; therefore, the Ally may not by himself or through another person, recreate a W PAYMENTS Account or use the services.
For the purposes of these T&C, Voluntary Cancellation and Definitive Cancellation are understood as a contractual termination followed by the effects described in these T&C.
Deactivation. W PAYMENTS may deactivate a W PAYMENTS Account and access to or use of the Services when in a period equal to or greater than twelve (12) consecutive months from the last recorded transaction, the Ally has not made use of the Services, has no Disbursements or charge-offs pending processing. For the Business Service, the Ally may access your W PAYMENTS Account again, entering your username and password, but you must request the reactivation of the Services through the channels enabled by W PAYMENTS.
Suspension. W PAYMENTS may suspend a W PAYMENTS Account and/or the use of the Services when they register; (i) High levels of fraud in accordance with W PAYMENTS policies; (ii) The Ally has not updated its information for a period of more than 12 months since the last update; (iii) The Ally uses the Services to perform illegal activities. The Suspension is not a contractual termination; therefore, the Ally remains bound by the stipulations of these T&C. The Suspension of the W PAYMENTS Account disables the use of the Access Tools and the Disbursement. When a Suspension is applied, W PAYMENTS will initiate an investigation of the Ally. Depending on the results of the investigation, W PAYMENTS may lift the suspension or apply a Definitive Cancellation. The investigation will have a maximum term of 120 calendar days.
SECTION 10. Limitation of liability
W PAYMENTS limits its liability to uninterrupted access or use in the provision of the Services. The provision of the Services is subject to technical, technological or any other failure, outside the control of W PAYMENTS. W PAYMENTS will not be liable, under any circumstances, for any indirect, punitive, incidental, moral, special, emerging, loss of profit, loss of business opportunity or loss of reputation resulting from the use, inability to use the Services or the unavailability of the Services. Nor shall it be liable for any damage resulting from or related to hacking, manipulation or any unauthorized access or use to the Services, W PAYMENTS Accounts, data, servers, infrastructure, for errors in the use or implementation of anti-fraud measures, security checks or any other security measure, or for the illegal actions of third parties. In any case, the Ally accepts that the contractual liability of W PAYMENTS or that any limit of liability not described in these T&C will be limited to material, direct, quantifiable, verifiable and foreseeable damages, attributable to the actions or omissions of W PAYMENTS up to minor negligence, who will be understood to have the degree of diligence required of a merchant in the ordinary turnover of his business. Under no circumstances will the liability of W PAYMENTS, and in aggregate, exceed twenty percent 20% of the fees paid by the Ally to W PAYMENTS in a period of twelve (12) months, immediately preceding the fact on which the claim is based. W PAYMENTS will not be responsible to the Acquiring Entities or third parties, who may not impute any responsibility to W PAYMENTS for any type of damage or loss caused by the Ally. W PAYMENTS does not guarantee, endorse or assume responsibility for any product or service advertised or offered by a third party. The Ally is solely responsible for the management of the W PAYMENTS Account and the Services; therefore, any damage or prejudice that may be caused by the conduct of its controllers, agents, subsidiaries or subsidiaries, officials, employees, directors, representatives, and in general, any person who has access to the Services by express authorization of the Ally, must be compensated exclusively by the Ally.
SECTION 11. FUNDS IN TRANSIT; ABSENCE OF CUSTODY OR OWNERSHIP OVER RESOURCES
W PAYMENTS does not act as a bank, financial institution, remittance company, regulated payment service provider, or as custodian, depositary or fund manager.
Any appeal received by W PAYMENTS within the framework of the Services is received exclusively for the limited purpose of facilitating its processing, reconciliation and subsequent transmission, in accordance with the instructions of the User or Ally and through third-party providers of duly enabled and regulated payment rails.
At no time does W PAYMENTS acquire ownership, ownership, economic benefit, real right, credit right or discretionary control over the funds processed. These resources are not collected, deposited, invested, borrowed, grouped, managed or used by W PAYMENTS for its own purposes.
The temporary permanence of the funds in accounts opened in the name of W PAYMENTS is strictly operational and transitory, and occurs only to allow the technical execution of payment instructions within the third-party infrastructure. Such permanence does not constitute custody, capture, deposit, trust, fiduciary assignment, trust relationship, resource administration or legal relationship of a similar nature.
The processes of processing, settlement, clearing, conversion, compliance controls, risk monitoring, validations, reviews, withholdings, blocks, delays or transaction rejections are executed by, and remain under the responsibility of, the respective third-party payment rail suppliers, in accordance with their own terms, internal policies and applicable regulatory frameworks.
W PAYMENTS does not exercise discretionary control over the approval, release, retention or rejection of funds, beyond the technical and operational execution of the instructions received, within the limits imposed by said third parties, without prejudice to the operational and compliance powers expressly provided for in these T&C.
W PAYMENTS will not be responsible for delays, interruptions, reversals, restrictions or blockages that originate as a result of internal policies, compliance procedures, regulatory revisions, security validations or operations of third-party payment rail providers.
In no case will it be understood that between W PAYMENTS and the User or Ally a custody, trust, deposit, assignment, resource administration, fiduciary mandate, or any other relationship that involves the possession, control or fiduciary management of funds.
SECTION 12. SERVICE FEES AND CURRENCY CONVERSION
12.1 W PAYMENTS fees. W PAYMENTS charges fees for the provision of payment processing services, technical facilitation, payment orchestration and use of its technological solution, as informed and accepted by the User or Ally at the time of the transaction or contracting the corresponding Service.
12.2 Third-party costs. Applicable rates may incorporate, reflect or be affected by costs associated with duly regulated third-party providers, including, but not limited to, payment rail providers, acquiring entities, liquidity providers, clearing and settlement mechanisms, compliance processes and auxiliary services necessary for the execution of transactions.
12.3 Currency conversion. W PAYMENTS does not independently provide currency exchange services, does not act as an exchange house, nor does it set, determine or guarantee currency conversion rates.
Any currency conversion that is applicable to a transaction will be carried out exclusively by third-party suppliers, under their own terms, conditions, pricing policies and regulatory frameworks.
12.4 Estimated nature of the values. Where appropriate, the estimated settlement values, conversion results or net amounts to be received may be informed to the User or Ally on a referential or estimated basis, and may vary between the moment of authorization of the transaction and its effective settlement, as a result of market fluctuations, processing times, compliance validations or policies of the third parties involved.
12.5 Absence of guarantee on rates or results. W PAYMENTS does not guarantee the obtaining of a specific, preferential or more favorable exchange rate, nor does it assume any responsibility for exchange differences, market variations, spreads, adjustments or costs derived from the currency conversion carried out by third parties.
12.6 Non-transferability of benefits, economic conditions and internal concepts. The User or Ally knows and accepts that the costs, rates, commissions, fees, benefits, incentives, discounts, economic conditions, calculation references, visualizations, estimates, balances in exchange, and any other concept associated with the operation within the W PAYMENTS Account are of exclusive application within the Platform and, therefore, are not transferable, assignable, negotiable or transferable in favor of third parties. In no case do these concepts constitute an autonomous right, a transferable asset, a negotiable security, a credit right against third parties, or an enforceable obligation other than the operational execution of the Services in accordance with these T&C.
SECTION 13. Intellectual property
W PAYMENTS and its licensors are sole owners of all rights, titles and interests in patents, copyrights (including rights to derivative works), moral rights, publicity rights, trademarks or service marks, logos and designs, trade secrets and other intellectual property incorporated by or contained in the API, the Services, the Platform (the "Intellectual Property of W PAYMENTS") or any copy thereof. All rights of W PAYMENTS and its licensors not expressly granted to the Ally in these T&C, are reserved.
Under these T&C, W PAYMENTS has been granted a limited, non-exclusive, revocable, non-transferable license to electronically access and use (the software that is part of the Services, as authorized in these T&C) the Intellectual Property of W PAYMENTS and its licensors, only in the manner described in these T&C. W PAYMENTS and its licensors may make software updates for the Services, which the Ally must install in order to continue using the Services. Software updates may require additional terms, which will be communicated in advance to the Ally.
W PAYMENTS and its licensors do not sell to the Ally or have the right to sublicense the Intellectual Property of W PAYMENTS and its licensors.
In these T&C, the term Intellectual Property means all patent rights, copyrights, moral rights, publicity rights, trademarks, trademark and service mark rights, goodwill, trade secret rights and other intellectual property rights that may exist now or appear in the future and all your requests, registrations, renewals and extensions, according to the laws of any state, country, territory or other jurisdiction.
SECTION 14. AUTHORIZATION FOR PERSONAL DATA ADMINISTRATION
The Ally is aware of and accepts the W PAYMENTS Personal Data Processing Policy, which explains how the personal information provided by the Ally is collected, used and protected. This Policy is available on the wpayments.co website.
General Provisions
As an Ally, I authorize W PAYMENTS or whoever represents its rights in Colombia and / or abroad, with the purpose of complying with the law, the operation of the financial operation, the offer and administration of products and / or services, among others, so that in development of the activities that include its corporate purpose, my personal data can be requested, stored, consulted, verified, transmitted, shared, processed, modified, updated, clarified, withdrawn, disclosed, kept or object of any type of treatment operation under the provisions of Law 1266 of 2008, Law 1581 of 2012 and others rules related to the protection of personal data.
Authorizations for Commercial Purposes and for the Offer and Administration of Products and/or Services: As an Ally, I authorize W PAYMENTS to: a) contact me by phone, instant messaging directly or through its suppliers, send me messages by any means, as well as emails and social networks; b) share the information with suppliers and allies; c) consult, request or verify my location or contact information in public or private entities, in Colombia or abroad; d) analyze my consumption habits; e) obtain from me all the information you require, such as personal data, biometric data, access to facial recognition, fingerprinting, and voice identification of my electronic devices and location.
In addition to considering the aforementioned purposes, the following are also considered for W PAYMENTS: (a) validate and verify my identity for the offer and administration of products and services; (b) offer and provide its products or services through any medium or channel for my benefit; (c) provide commercial, legal, product, security, service or any other nature information; (d) conduct commercial analysis and research, data analytics, statistics, market, market and financial analysis, and the construction of aggregated information that you may share with your own customers and third parties.
I declare that: i) I have been informed about my right to know, update and rectify my Personal Data and to know the optional nature of my answers to the questions that are asked when they are about sensitive data; ii) This information is true, can be used for the updating process and is verifiable at any time, and I undertake to update or confirm at least once a year or whenever it is deserved. I also undertake to report any change related to contact details, tax residence, address and commercial activity, within 20 days of the date on which the change occurred; iii) For the update, only fill out the information that has changed in the last year, consequently, the information not completed remains in force.
For more information, you can contact: info@wpayments.co
Revocations: Without prejudice to the authorizations I have granted to W PAYMENTS for the processing of personal data, I declare that I know the right that I have to revoke in the terms provided for by law, any of the following authorizations: (i) sending text messages for commercial offers; ii) sending emails for commercial offers; (iii) commercial offer for telesales of products that I do not own in W PAYMENTS; and (iv) sharing information with third parties allies so that they offer their products, through the channels enabled by W PAYMENTS.
SECTION 15. OTHER PROVISIONS
Exchange Obligations: It is the responsibility of the Ally to comply, at its own expense and risk, with all legal obligations in foreign exchange that are applicable to it for the use of the Services. The Ally is responsible for the knowledge of the exchange rules of the commercial activity it carries out using the Services of W PAYMENTS.
Modification of the T&C: W PAYMENTS reserves the right to change, add or modify these T&C at any time and without any kind of compensation. W PAYMENTS will post such changes on the wpayments.co web portal, or by other reasonable means. Eventually, W PAYMENTS may send you a notification to your email or post a notice through its platform, by email, or by other reasonable means. For those who are already active Allies, the modifications will come into force ten (10) calendar days following the date of publication. If after ten (10) days, the Ally has not requested the Voluntary Cancellation of its W PAYMENTS Account, it is understood that it has accepted the new modifications of these T&C. For new allies, the modified T&Cs apply from their acceptance to the moment of creation of the W PAYMENTS Account. The Ally should periodically consult the W PAYMENTS web portal to review the modifications to these T&C. The Ally can know when these T&C was last modified by consulting the "Last update" date at the top of these T&C. Previous versions will be available on the W PAYMENTS web portal.
Dispute Resolution: The law applicable to the interpretation, execution, termination, collection of sums of money and in general the law applicable to any aspect of these T&C will be the Colombian one. Consequently, any controversy or difference incurred by the parties on the occasion of the execution, interpretation or compliance of these T&C and that could not be directly resolved by them, will be submitted to the competent jurisdictional authorities in the city of Medellín.
The Ally will hold harmless and defend at its own expense W PAYMENTS and its employees, representatives, agents, directors, shareholders, contractors or subcontractors, suppliers or service providers harmless from (i) any malicious or culpable action or omission of the Ally or its employees, representatives, shareholders, contractors or subcontractors, suppliers or service providers; (ii) from the violation of any contractual or legal provision strictly related to the purpose of these T&C that binds the Ally, such as regulatory, banking, tax obligations and any labor obligation towards its employees or service providers whether for salaries, benefits or compensation; (iii) any lawsuit, claim or trial brought by a third party (including Colombian or foreign government authorities of any level) against W PAYMENTS that may affect their respective assets based on or derived from any of the concepts listed in the paragraphs indicated herein, (iv) of the illegal or inappropriate use of the Services, (v) of the violation of any rights of third parties, including, without limitation, privacy, publicity or intellectual property rights, (vi) from fraud resulting from identity theft of cardholders or payment means holders or, (vi) of any breach by the Ally against to the Acquiring Entities of the duties derived from these T&C, the Consumer Statute or, failing that, the applicable laws.
If a third-party claim is filed against W PAYMENTS, W PAYMENTS will notify the claim and provide copies of all related documentation to the Ally. Such notice and documentation will be provided as soon as possible. W PAYMENTS may cooperate with the Ally and its lawyers by providing information for the investigation and defense of such claim and any appeal.
These T&C, the Privacy Policy, the publications of Amount and any other document that the Ally accepts for the provision of the Services constitute the single and total document existing between W PAYMENTS and the Ally to regulate the legal relationships that derive from the Services object of the same and, therefore, leaves invalidity any verbal or written proposal made in advance on the same Services and will provide, by themselves, executive merit to demand compliance with all the obligations and benefits contained in this document. In case of contradiction or incompatibility between the terms and conditions of this contract and other documents, the stipulations of these T&C will prevail in the first place, since it reflects the total, sole and full will to accept the terms on the Services provided, concluded in full good faith. If any provision or part of these T&C is considered invalid or inapplicable, then it will be reformed and interpreted to meet the objectives of that provision to the greatest extent possible; but in any case, all remaining provisions will continue in full force and effect.
Assignment. The Ally may not assign these T&C or any right, license granted under these or assign the operation of the W PAYMENTS Account to third parties, without the prior consent of W PAYMENTS. Any attempted assignment will be considered invalid without the authorization of W PAYMENTS. If the Ally wants to assign its contractual position in these T&C, it must contact W PAYMENTS to follow the stipulated procedure. If W PAYMENTS accepts the proposed assignment, whoever acts as a new Ally must assume all the rights and obligations of these T&C. W PAYMENTS may assign these T&C at its discretion without the consent of the Ally and without any restriction, for which it will previously make known to the Ally.
This contractual relationship is for an indefinite term. Termination will be configured when (i) the Ally requests Voluntary Cancellation, (ii) W PAYMENTS applies the Definitive Cancellation, or (iii) ceases the provision of the Services. In any case, the termination of this contractual relationship will subsist and the provisions of Limitation of Liability, Disbursements, Disputes, and Other provisions will remain in force.
SECTION 16. LIQUIDATION SERVICE THROUGH DIGITAL ASSETS
16.1 Nature of the service
The Digital Assets Settlement Service is a strictly operational and technical mechanism that allows the Ally to receive the settlement of income generated on digital platforms or ecosystems that use internal value units, credits or equivalent mechanisms, through digital assets of stable value.
This service does not constitute, nor can it be interpreted as, a financial intermediation activity, sale of crypto assets, custody of digital assets, investment advice, foreign exchange activity, or provision of financial services of any kind.
16.2 Role of W PAYMENTS
W PAYMENTS acts exclusively as a technological facilitator and operational orchestrator of the liquidation, without assuming at any time the custody, administration, control, possession or disposal of digital assets.
In particular, W PAYMENTS:
Does not manage or control digital wallets (wallets)
Does not guard private keys
Does not maintain unilateral control over digital assets
It does not guarantee values, stability, liquidity or economic results
16.3 Enabled digital assets
The service is limited exclusively to the use of digital assets of stable value, such as USDC or USDT, or those that W PAYMENTS expressly authorizes in the future, provided that they have sufficient adoption, traceability and operational acceptance.
16.4 Irreversibility and execution
Once the Ally issues the settlement order through digital assets and this is confirmed, the operation cannot be canceled, reversed or modified, in view of the technical and irreversible nature of this type of transaction.
16.5 Execution and validation deadlines
W PAYMENTS will have a period of up to three (3) business days from the receipt of the request to execute the settlement, during which it may:
Verify the information provided,
Validate the production or income to be settled,
Confirm the activation of the balance,
Perform compliance, security and fraud prevention controls.
16.6 Risks assumed by the Ally
The Ally acknowledges and accepts that the use of digital assets involves inherent risks, including, but not limited to:
variations in value
Technological risks
errors in the information provided
third-party operational failures
Unpossibility of reversal
The Ally declares that it fully understands these risks and assumes exclusively any loss or economic impact arising from the use of this service.
16.7 Exemption from liability
W PAYMENTS will not be responsible, directly or indirectly, for:
economic losses
property damage
transmission errors
third-party failures
unforeseen risks
nor for the impossibility of recovering digital assets once the operation is executed
The Ally expressly and irrevocably releases W PAYMENTS from any claim related to the use of this service.
16.8 Regulatory compliance and origin of funds
The Ally guarantees that the income subject to settlement:
come from lawful activities
comply with the applicable regulations
are not related to money laundering, terrorist financing or other prohibited activities
W PAYMENTS reserves the right to reject, suspend or block any operation when there are risk alerts, regulatory breaches or requirements of competent authorities.
16.9 Authorizations and debits In the event that fines, sanctions, adjustments or reprocesses attributable to the Ally are generated, the latter expressly authorizes W PAYMENTS to make the corresponding debits in future settlements, in accordance with the provisions of these T&C, without prejudice to the legal actions that may arise.
PAY ME NOW
The Pay Me Now service is a tool designed for the allies of our W PAYMENTS Account to advance outstanding balances to be settled by the recipients of outsourcing services, allowing access to working capital in a safe and agile way. This service is not an instrument to carry out commercial activities in the foreign exchange market, trading, forex and/or currency market.
The following terms and conditions are established for the proper processing of this service:
Applications will be received from Monday to Saturday, from 7:00 a.m. to 2:00 p.m.
The ally has two Pay Me Now options: standard prepayment and priority advance payment.
In the standard advance payment, adjusting the receipt of the request to the established time, W PAYMENTS will execute the operation in a maximum period of 1 business day, adjusting to the TRM of the time of the transfer.
In the priority advance payment, aligned the request with the time frame determined by W PAYMENTS, the payment will be made the same business day, guaranteeing the transaction with our TRM rate of the day.
The operations requested on Saturday will be subject to the holiday treatment policies of the receiving banking entity.
The ally may cancel the Pay Me Now service at no cost one (1) hour after the filing of the procedure; after this term and up to three (3) hours, the cancellation will cost five dollars ($5 USD), which will be debited automatically in the next current settlement.
Errors in the processing, personal information, banking and / or in the production correlation and balance advance attributable to the Ally will incur the imposition of a fine of five dollars ($5 USD), due to operational and transactional wear, which will be debited automatically in the next current settlement, providing due communication and relevant supports.
W PAYMENTS will automatically deduct the amount advanced in Pay Me Now in the next regular and current period settled by the service recipient; in case W PAYMENTS does not make the corresponding discount in that period, it may execute it automatically in the next cycle.
VALIDITY This Terms and Conditions Policy was approved on January 19, 2026 and begins to apply from that same date.