Clearway

Clearway Payments — Merchant Terms of Service & Cash Discount Program Agreement

Last updated: July 1, 2026

Template notice. This document is a plain-language template prepared to describe the Clearway Payments Cash Discount Program. It is not legal advice. Have it reviewed by qualified counsel and confirmed against the Card Brand Rules and applicable federal and state law before you rely on it.

1. Who we are

Clearway Payments ("Clearway," "we," "us") is an independent sales agent that helps merchants ("you," "Merchant") enroll in card‑payment processing services. The card processing services themselves are provided by Paysafe Payment Processing Solutions, LLC ("Paysafe"), a registered Independent Sales Organization (ISO) of Citizens Bank, N.A., Providence, RI — Member FDIC (together, the "Servicers").

Your card processing relationship is governed by the Merchant Card Processing Terms and Conditions issued by the Servicers (the "Processing Agreement"), which is incorporated into your Merchant Payment Card Application/Agreement. These Clearway terms supplement the Processing Agreement and describe how the Cash Discount Program works. If anything here conflicts with the Processing Agreement or the Card Brand Rules, the Processing Agreement and the Card Brand Rules control.

2. Enrollment

By completing the Clearway intake and electronically signing your application, you apply to accept payment cards on the Cash Discount Program. Your application is not approved until the Servicers issue you a Merchant Identification Number (MID). All representations you make in the application must be true and remain true.

3. The Cash Discount Program

The Cash Discount Program lets you pass the cost of card acceptance to card‑paying customers, so you keep effectively 100% of your listed (cash) price.

How pricing works:

  • Your listed price is the cash price. Customers who pay by cash pay your listed price with no adjustment.
  • Card sales carry a 4% adjustment. When a customer pays by card, a 4% adjustment is added at the time of the transaction. Example: a $100 listed item is $104 on a card.
  • You are billed a flat 3.846%. Clearway/Paysafe charges you a flat 3.846% discount rate on the card (adjusted) amount. Because 3.846% of the adjusted amount equals exactly 4% of your original price, a $100 sale ($104 on card) is billed $4.00 in processing.
  • Daily discounting. Your account settles on daily discounting: processing fees are deducted per batch and the remainder is deposited, so a $100 sale nets you $100.

Your obligations under the Program:

  • Disclosure & signage. You must clearly and conspicuously disclose the cash/card price difference to customers at the point of entry, the point of sale, and (if applicable) online, exactly as required by the Card Brand Rules and applicable law. The adjustment is presented as a discount for paying with cash, not as a surcharge, unless a compliant surcharge program is separately arranged in writing.
  • Uniform application. Apply the Program consistently and only to card types and transactions where it is permitted. Do not apply an adjustment to debit/prepaid transactions where prohibited by the Card Brand Rules or applicable law.
  • Where it's allowed. You are responsible for confirming the Program is permitted in your state and for your business type. Some jurisdictions and card types restrict surcharging/cash‑discounting.
  • Average ticket. The Program is intended for average tickets of $20 or more. Very low‑ticket businesses may not be eligible.

4. Other fees

The flat discount covers card processing, but standard account fees may still apply, including (as set out in your application): monthly minimum, customer service/statement fee, PCI/compliance fees, chargeback and retrieval fees, batch fees, annual fee, and pass‑through Card Brand fees. Clearway sets your Early Termination Fee to $0 on the Cash Discount Program unless your application states otherwise — you may leave at any time subject to the notice provisions of the Processing Agreement.

5. Your responsibilities

You agree to: comply with the Card Brand Rules, PCI‑DSS data security standards, and applicable law; maintain a written refund policy and disclose it to customers; keep chargebacks and fraud below Card Brand thresholds; keep transaction records for at least seven (7) years; and promptly notify us of material changes to your business.

6. Data and privacy

Your information is handled as described in our Privacy Policy. Sensitive information you provide (such as SSN, date of birth, and bank account details) is encrypted and shared only with the Servicers and their agents as needed to underwrite and service your account.

7. Electronic signature

By signing electronically you consent to do business electronically under the U.S. ESIGN Act, as described in our E‑Sign Consent. Your typed name, submitted with intent to sign, is your legal signature and binds you to the application, the Processing Agreement, this Program Agreement, and — if you sign a Guarantor line — the Personal Guaranty.

8. Disclaimers & limitation of liability

Clearway acts as a sales agent and does not itself provide banking or card settlement services. To the maximum extent permitted by law, Clearway's aggregate liability arising out of these terms will not exceed the fees you paid to Clearway in the three (3) months preceding the claim, and Clearway is not liable for indirect, incidental, or consequential damages. Nothing here limits the Servicers' obligations under the Processing Agreement.

9. Governing law

These terms are governed by the laws of the State of Florida, without regard to conflict‑of‑laws principles, except where the Processing Agreement specifies otherwise for the processing relationship.

10. Contact

Clearway Payments · support@clearwaypayments.com · clearwaypayments.com