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Terms and Conditions

These Terms and Conditions (“Terms“) govern your access to and use of Clearview’s Services. By signing a Merchant Application, clicking “I agree,” or using any part of the Services, you accept these Terms on behalf of the entity you represent (“Merchant” or “you“).

 

1. Services Overview

Clearview is a registered payment facilitator and direct processor specializing in Vacation & Short‑Term Rental merchants. We provide:

  • Reverse My Fees (RMF) – guest‑paid surcharge model capped at $49/mo to Merchant.

  • Traditional Optimized Processing – interchange‑plus pricing with SIC 6513 optimization.

  • Gateway & Funding Services – integrations with Authorize.Net, NMI, and others, plus next‑day ACH funding (T+1) where eligible.

 

2. Eligibility & Account Setup

  • You must complete Clearview’s Merchant Application, provide accurate KYC/KYB information, and be approved by our underwriting bank.

  • You agree to maintain PCI DSS compliance and to notify Clearview of any material changes to your business, ownership, or processing volume.

 

3. Fees & Billing

  1. RMF Program Fees — $29–49 monthly platform fee plus any gateway pass‑through fees (see Clearview Fee Schedule). Guests are charged a 4 %–5 % processing fee at the point of sale; Clearview retains this amount.

  2. Traditional Program — interchange + basis points + per‑item fees as quoted in your Merchant Application.

  3. Other Fees — chargeback, retrieval, ACH reject, invalid TIN, and non‑PCI fees are detailed in Schedule A.

  4. You authorize Clearview to debit your settlement account via ACH for all fees, chargebacks, and adjustments.

 

4. Funding & Reserves

  • Standard funding is next‑day (T+1), subject to cutoff times, bank holidays, and risk holds.

  • Clearview may establish a reserve or delay funding if we reasonably believe there is elevated risk (e.g., excessive chargebacks, fraud, insolvency).

 

5. Chargebacks & Disputes

  • Merchant bears liability for chargebacks. Clearview will assist via Chargeback Shield but makes no guarantee of representment success.

  • Retrieval and chargeback responses must be provided within card‑brand timeframes.

 

6. Compliance & Prohibited Activities

Merchant agrees to comply with all applicable laws, card‑brand rules, sanctions programs, and Clearview policies. Prohibited activities include, but are not limited to:

  • Processing transactions for goods/services not actually provided.

  • Laundering transactions for third parties.

  • Using Clearview for adult content, illegal drugs, or any activity on the Visa/MC high‑risk list without prior written approval.

 

7. Intellectual Property

All Clearview trademarks, brand elements, and software are the exclusive property of Clearview. Merchant is granted a non‑exclusive, non‑transferable license to use Clearview marks solely to identify acceptance of Clearview Services, subject to brand guidelines.

 

8. Disclaimers

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” CLEARVIEW DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON‑INFRINGEMENT. We do not warrant that the Services will be uninterrupted, error‑free, or immune to unauthorized access.

 

9. Limitation of Liability

To the maximum extent permitted by law, Clearview’s aggregate liability arising out of or relating to these Terms shall not exceed the total fees paid by Merchant to Clearview in the three (3) months preceding the claim. Clearview shall not be liable for indirect, incidental, punitive, or consequential damages.

 

10. Indemnification

Merchant will defend, indemnify, and hold Clearview, its officers, employees, and banking partners harmless from any third‑party claims arising out of (i) Merchant’s breach of these Terms, (ii) violation of law or card‑brand rules, or (iii) gross negligence or willful misconduct.

 

11. Term & Termination

  • These Terms take effect on the Effective Date of the Merchant Application and continue month‑to‑month.

  • Either party may terminate with thirty (30) days’ written notice. Clearview may terminate immediately for cause (e.g., fraud, excessive chargebacks, non‑payment).

  • Upon termination, outstanding fees become immediately due, and Merchant must cease use of the Services and Clearview marks.

 

12. Governing Law & Venue

These Terms are governed by the laws of the State of Texas, excluding its conflict‑of‑law rules. Exclusive venue lies in the state or federal courts located in Bexar County, Texas.

 

13. Modifications

We may amend these Terms by posting a revised version on the Site and emailing the primary account contact at least 15 days before changes take effect. Continued use after the effective date constitutes acceptance.

 

14. Notices

Official notices must be sent via email to [email protected] AND certified mail to:
Clearview Merchant Consulting LLC, 18911 Hardy Oak Blvd., San Antonio, TX 78258.