Terms of Service

These Terms of Service (“Terms”) govern your use of Elkopay, a payment platform operated by Elkopay Ltd, a New Zealand company (“Elkopay”, “we”, “us”). By using Elkopay, you agree to these Terms.

Eligibility

Elkopay is currently available to businesses operating in New Zealand. You must be 18 years or older and legally authorised to operate a business in New Zealand to use the platform as a merchant.

The service

Elkopay enables merchants to collect payments from clients via New Zealand open banking. Payment processing is provided by BlinkPay. By using Elkopay, you also agree to BlinkPay's terms of service. Elkopay charges 0.99% + $0.25 per successful transaction, with no monthly fees or lock-in contracts.

Third-party terms — BlinkPay

Payments made via open banking in New Zealand are provided by Blink Pay NZ Limited (“BlinkPay”). In order to use these services via Elkopay, you must agree to BlinkPay's Client Service Agreement (the “BlinkPay Terms”).

The current version of the BlinkPay Terms is available here: BlinkPay Client Service Agreement.

You must read the BlinkPay Terms carefully, as they set out important conditions and BlinkPay's rights in relation to your use of their payment solution. Elkopay is currently an Approved Provider under those Terms.

BlinkPay reserves the right to change the BlinkPay Terms. If Elkopay is notified of such a change, it will notify you. By continuing to use Elkopay and BlinkPay services after notice of a change, you are deemed to consent to that change. The BlinkPay Terms contain further detail on notices and changes.

If BlinkPay terminates any of the BlinkPay Terms with you, or suspends Elkopay's status as an Approved Provider, then Elkopay may terminate or suspend the provision of the related service without consequence.

If there is any inconsistency between this section and the BlinkPay Terms, the BlinkPay Terms take precedence.

Merchant responsibilities

As a merchant, you are responsible for ensuring you have proper authorisation to charge your clients, providing accurate pricing and description for services, maintaining accurate client records, and complying with all applicable NZ laws including the Fair Trading Act 1986 and the Consumer Guarantees Act 1993.

Settlement

Elkopay targets settlement to your nominated NZ bank account within 2 hours of a successful transaction during business hours. Settlement times may vary and are not guaranteed. Elkopay is not liable for delays caused by banking infrastructure or BlinkPay.

Prohibited use

You must not use Elkopay for any unlawful purpose, to collect payments for goods or services you are not authorised to sell, or to circumvent any applicable laws or regulations.

Limitation of liability

To the extent permitted by NZ law, Elkopay's liability to you is limited to the fees you have paid to Elkopay in the 12 months preceding the claim. We are not liable for indirect, incidental, or consequential losses.

Termination

Either party may terminate at any time without penalty. You may stop using Elkopay at any time. We may suspend or terminate accounts that violate these Terms.

Changes to these Terms

We may update these Terms from time to time. Material changes will be communicated by email to registered merchants. Continued use of Elkopay after changes take effect constitutes acceptance of the updated Terms.

Governing law

These Terms are governed by the laws of New Zealand. Any disputes will be resolved in the courts of New Zealand.

Contact

For any questions about these Terms, contact support@elkopay.com. Elkopay Ltd, Nelson, New Zealand.