Draft — pending review by qualified counsel
This is a complete draft written to be marked up, not a document that has been settled. It must be reviewed by a lawyer qualified in United States and in every market served before the service goes live. Until then it states intent rather than a binding position, and the operator is not trading.
These terms are the contract between you and VoucherPay LLC, and they govern every order placed through this website. Two clauses carry the rest: clause 6, what you promise about the voucher you send, and clause 7, what happens if it is reported stolen.
1. Who you are contracting with
VoucherPay LLC operates this service from the United States. Its registered address is 1801 Peninsula Verde Dr. In these terms we means VoucherPay LLC, you means the person named on the account, and notices with legal effect go to that address, copied to [email protected].
2. What the service does
The service exchanges prepaid vouchers for value. You sell a voucher — Transcash, PCS, Paysafecard, Neosurf, Cashlib or Flexepin — and receive USDT, bitcoin, a bank transfer or a PayPal payment; or you buy a voucher and the code is delivered to you. Accepted brands are listed on the supported vouchers page, and the order sequence is set out on how it works.
The platform is pre-launch and trading is not enabled. An account can be created and identity verification completed, but no order can be placed and no settlement made until trading opens. These terms apply from the moment you create an account.
3. Eligibility and residence
You must be at least 18 years old, acting on your own behalf, and resident in a country we serve. If any of those three stops being true, tell us and stop using the service.
France is not served. Nor are jurisdictions subject to a Financial Action Task Force call for action, comprehensively sanctioned jurisdictions, or markets where we hold no local authorisation. The list in force when you order is on restricted countries. If you move to a restricted jurisdiction the account is closed under clause 14, and an open order is completed only where the law permits.
You must not be, or act for, a person subject to sanctions imposed by the United Arab Emirates, the United Nations, the European Union, the United Kingdom or the United States. You must be the beneficial owner of the voucher and the intended recipient of the settlement. An account opened for somebody else is closed.
4. Your account
You are responsible for what happens on your account. Use a password you use nowhere else, and tell us at [email protected] as soon as you think someone else has access. One person holds one account, and the person named on it is the only person entitled to use it.
We will never ask for your password, a seed phrase or a one-time code. Anyone who telephones asking for a voucher code is not us, whatever name they give. An account we believe is compromised is suspended until it is verified again.
5. Identity verification
No payment is released to anyone whose identity we have not established through our verification process. We may ask you to verify again — periodically, when your circumstances change, or when a risk indicator appears — and we may ask where the money used to buy a voucher came from.
If verification is not completed, the order does not proceed and no settlement is made. Where nothing else prevents it, a voucher we have not redeemed remains yours to use or take up with the issuer. Where a compliance concern has arisen, clauses 7 and 11 apply and the value is held.
6. The voucher you submit
When you submit a voucher you make three promises. That the voucher is yours. That you acquired it lawfully, with your own money, from an authorised seller. That you have not sold, pledged, transferred or disclosed the code to anyone else.
Those promises carry the arrangement. A prepaid voucher is a bearer instrument: whoever holds the code holds the value. We cannot see behind a code, so the warranty stands in place of that view, and it is not qualified by what you knew. A voucher bought in good faith at a discount from a stranger was not lawfully acquired if it was stolen or bought with a stolen card.
Do not submit a voucher you were told to buy by someone you have not met, whatever reason you were given. That instruction is the shape of a fraud, and selling the voucher on is the wrong next step.
7. Vouchers reported as stolen
If an issuer, a bank, a police force or a cardholder reports a voucher as stolen or obtained by fraud, we hold its value. We do not return it to the person who submitted it, and we do not pay it away, while the report is open.
Returning the value of a stolen voucher to whoever presented it would complete the fraud rather than stop it.
A report opens a compliance case, an open case freezes settlement, and we cooperate with the issuer and with law enforcement as the law requires. Where the rightful owner is established, the value goes to that person or to the issuer, or is held to the order of a competent authority. If the report is withdrawn or the voucher is cleared, the order resumes from where it stopped. You may be told nothing beyond the fact that the order is held; clause 11 explains why.
8. The issuer's terms, and who carries the risk
Every voucher is issued by somebody else, on that issuer's own terms, and those terms bind you whatever we agree between ourselves. Some issuers restrict transferring a code to a third party. Reading the terms of the brand you hold is your responsibility.
Two allocations of risk follow, and they run in opposite directions.
Before settlement, an issuer's refusal is your risk. Every voucher is verified with its issuer by a person before money is released. If the issuer will not confirm or redeem the code, we do not settle and we owe you nothing under the order.
After settlement, the cause decides. If an issuer blocks, reverses or claws back value after we have paid you, and the cause is a breach of clause 6, you must repay what we settled, and we may set that debt against any other amount we hold for you. If the cause is an error of ours, or an issuer's own decision unconnected to the voucher's origin, the loss is ours.
9. Price, and when a quote binds
The commission is 5% of the face value of the voucher, applied identically at every size. There is no tier for larger amounts and no handling fee afterwards; the figures as they stand are on rates and limits. Costs charged by third parties are not commission — a network fee, a bank's deduction, PayPal's receiving fee — and where one comes out of what you receive, the quote says so before you accept it.
A quote states the face value, the commission, the settlement amount and the method. It becomes binding on both of us when you accept it and submit the voucher, and stays binding as long as the voucher verifies, the details you gave are accurate, and no event under clause 7 or clause 11 intervenes. A quote not accepted within the period shown on it expires.
Where settlement is in bitcoin or USDT, the quote fixes the amount in the currency of the face value; the number of units is fixed when the transfer is prepared, at the rate shown on the order, because those units move in the meantime. Verification is done by a person contacting the issuer, so no settlement time is promised.
10. Settlement
Settlement is made only to a destination that belongs to you. A wallet address, an IBAN or a PayPal account must be in the name we hold for you, and a destination in anyone else's name is refused, at any amount and on any route: paying a third party defeats the point of identifying you at all. Approving an order and releasing its money are done by two different operators, so an order can be approved and still not be paid in the same moment.
Check the address you enter, then check it again. A transfer of bitcoin or USDT is irreversible: once confirmed on the network nobody can recall it, not us and not the receiving exchange. An address with a character wrong, or one on the wrong network, sends the value where the address points, and it cannot be recovered. We are not liable for value sent to a destination you supplied.
A bank transfer returned by the receiving bank is re-sent to a corrected account in your own name, less any charge the return incurs.
11. Limits, holds and refusal
We may limit the size of an order, hold one while a check is completed, or refuse one outright. Limits apply per order and cumulatively over a rolling period; the current figures are published with the rates. Grounds for a hold or a refusal include incomplete or failed verification, a sanctions screening match, a voucher the issuer will not confirm, a pattern consistent with an amount being broken into pieces, a report under clause 7, and a reasonable belief that proceeding would breach a law that applies to us.
Where we can tell you the reason, we will. Sometimes we cannot. Anti-money-laundering law makes it an offence to disclose that a report has been made to a financial intelligence unit, or that an investigation is under way. Where that applies, you will be told the order is held and nothing further.
A hold we cannot explain is not a judgement about you. It is a restriction on us.
12. Prohibited use
You must not use this service to:
- launder money or handle the proceeds of crime;
- finance terrorism or the proliferation of weapons;
- evade sanctions, or act for a sanctioned person;
- submit a voucher obtained by fraud or theft, or one another person was manipulated into buying;
- use another person's identity, documents or settlement destination;
- split an amount across orders or accounts to stay below a limit or a due-diligence threshold;
- give false information or supply an altered document;
- operate the account for a third party, or run an unlicensed money transfer business through it;
- obtain or attempt to obtain data or systems that are not yours, or interfere with the platform.
A breach leads to closure under clause 14, to a report to the authorities where the law requires one, and to value being held under clause 7 where a voucher is involved.
13. Codes, documents and records
A voucher code is encrypted when it arrives, is readable only by the operator working your order, and is destroyed once the order settles; every access is logged. Identity documents are stored outside the web root and served only to authenticated staff through a route that records every view.
Records of your identity, your orders and our checks are kept for five years after the end of our relationship, because anti-money-laundering law requires it. That retention survives closure of your account. What is held, and your rights over it, is in the privacy notice.
14. Suspension and closure
You may close your account at any time by telling us at [email protected]. Closure takes effect once no order is open and no compliance case is outstanding.
We may suspend or close an account where you have breached these terms, where verification has not been completed or maintained, where you have become resident in a restricted jurisdiction, where the law requires it, or where continuing would expose us to a risk we are not prepared to carry. Where we can give notice, we give it; where the law requires us to act first, we do, and afterwards tell you what we are permitted to.
Closure does not release either of us from what arose before it: your obligation to repay under clause 8, our obligation to settle an order already approved and free of any hold, and the record-keeping in clause 13.
15. Our liability to you
We are responsible for our own failures, and this clause limits that responsibility rather than removing it.
Nothing here excludes our liability for fraud, for death or personal injury caused by our negligence, or for anything else the applicable law does not permit to be excluded. Consumer protection law in the country where you live may give you rights that override parts of this clause; where it does, it prevails.
Subject to that, our liability in connection with an order is limited to the commission retained on it, together with any amount we hold that is properly due to you; the limit does not touch our obligation to pay a settlement that is due. We are not liable for value sent to a destination you entered incorrectly, for an issuer's decision to refuse, block or reverse a voucher, for loss arising from your own breach of clause 6, or for loss of profit, opportunity or movement in the price of a digital asset. Nor are we liable for the acts of a bank, exchange or blockchain network, though our own handling of your order remains our responsibility.
16. Complaints
A complaint goes to [email protected], or through the route on complaints, with your order reference if you have one. We acknowledge it in writing, tell you who is handling it, and give you a final response setting out what we found and why. A complaint about a compliance decision is reviewed by someone who had no part in making it, and the routes open to you afterwards are listed on that page. Suspected fraud goes to [email protected].
17. Governing law
These terms, and any dispute arising out of them, are governed by the law of the State of California, and the courts of California have jurisdiction. That choice does not deprive you, as a consumer, of the protection of any mandatory law of the country where you live, nor of any right that law gives you to bring proceedings in your local courts.
18. How these terms change
We change these terms by publishing a new version with the date it takes effect, and where a change is material, notice goes to the email address on your account before that date.
An order already open when a change takes effect is completed under the version in force when its quote became binding, unless the change is required by law. Continuing to use the service after the effective date is acceptance; if you do not accept, close your account under clause 14.
19. General
These terms, with the pages they refer to, are the whole of the agreement between us. Where the rates and limits page or the restricted countries page differs from an example given elsewhere on the site, those pages govern; on any other conflict, these terms prevail.
If a court finds part of these terms unenforceable, the rest continues to apply. You may not transfer your rights or obligations to anyone else; we may transfer ours to a successor to the business, on notice, provided your rights are not reduced. These terms are written in English; where a translation differs, the English version governs.