Terms of Service

The terms and conditions governing your use of RealPay's services.

Last updated 1 March 2025

These Terms of Service (“Terms”) govern your access to, and use of the services provided by RealPay (Pty) Ltd (“RealPay”, “we”, “us”, or “our”). By accessing or using RealPay’s services, website, or platform, you agree to be bound by these Terms. If you do not agree to these Terms, you should not use our services.

RealPay provides payment processing and related services across several African markets, including South Africa, Namibia, Botswana, Eswatini, Lesotho, Uganda, and Zambia, in partnership with regulated banks and payment system operators.

These Terms are governed by the laws of the Republic of South Africa and apply subject to applicable legislation, including but not limited to the Electronic Communications and Transactions Act (ECT Act) and the Consumer Protection Act (CPA) where relevant.

1. Company Information

Legal name: RealPay (Pty) Ltd
Registration number: [Company registration number]
Physical address: [Registered address]
Contact: [Email and telephone]

1. Definitions

"Services" means the payment processing, API, platform, and related services offered by RealPay.
"Merchant" means a business or person who uses our Services to accept or process payments.
"Consumer" has the meaning given in the Consumer Protection Act.
“Contracting Entity” means the legal entity within our group that provides the services to you, as identified in these Terms or any applicable country-specific agreement.

1. Acceptance and Eligibility

By registering for an account or using RealPay’s services, you confirm that you are at least 18 years old, have the authority to enter into these Terms on behalf of the individual or the entity you represent, and that your use of our Services complies with all applicable laws and regulations in the jurisdictions in which you operate.

1. Account and Services

4.1 You must provide accurate and complete information when opening an account.

4.2 You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account.

4.3 RealPay reserves the right to suspend or terminate your access to its services where there is a breach of these Terms, suspected misuse of the platform, or where required by law, regulators, or our banking partners.

1. Fees and Payment

5.1 Fees for our Services are set out in your commercial agreement with us or in an applicable fee schedule.

5.2 All fees are quoted in South African Rand (ZAR) unless otherwise stated and are exclusive of VAT where applicable.

5.3 Pricing and applicable charges will be disclosed before you commit to a transaction in accordance with applicable law.

1. Consumer Rights (CPA)

Where you qualify as a consumer under the Consumer Protection Act (generally where assets or annual turnover do not exceed the statutory threshold), additional rights might apply:

6.1 You have the right to fair value, good quality, and safe services.

6.3 You may refer complaints to the relevant regulatory or ombudsman bodies, where applicable.

1. Prohibited/ Acceptable Use

You may not use RealPay’s services to engage in unlawful or prohibited activities. This includes, but is not limited to:

Process illegal or fraudulent transactions.
Violate any applicable law, anti-money laundering, or exchange control regulations.
Engage in money laundering, terrorist financing, or other financial crimes.
Infringe the rights of third parties.

RealPay reserves the right to investigate and take appropriate action in relation to suspected misuse of its services.

1. Limitation of Liability

8.1 To the extent permitted by law, our liability is limited as set out in any commercial agreement between RealPay and the merchant.

1. Changes to Terms

We may update these Terms from time to time to reflect changes in our services, regulatory requirements, or operational practices. We will notify you of material changes through our platform, website or by email where appropriate. Continued use of the services following such changes constitutes acceptance of the updated Terms.

1. Governing Law and Disputes

These Terms are governed by and construed in accordance with the laws of the Republic of South Africa, except to the extent that mandatory laws of the country in which the user resides or is domiciled apply, or where a country-specific agreement provides otherwise.

Subject to the foregoing, any dispute, claim, or controversy arising out of or in connection with these Terms or the use of our services shall be subject to the exclusive jurisdiction of the competent courts of the country in which the relevant contracting entity is incorporated or has its principal place of business, unless otherwise required by applicable mandatory law.

1. Contact

For questions about these Terms, contact us at info@realpay.co.za .