Terms & Conditions

Last updated: June 2026

These Terms and Conditions ("Agreement") govern the use of payment processing and related services ("Services") provided by Swiffy (Pty) Ltd ("Swiffy") to merchants and other users ("Merchant"). By using Swiffy's Services, you agree to be bound by this Agreement.

1. Service Provision

Swiffy provides selected e-commerce payment processing services to approved merchants. Access to Services is subject to prior approval by Swiffy, completion of our onboarding process, and ongoing compliance with this Agreement.

2. Effective Date

This Agreement becomes effective on the date the Merchant signs the merchant application form or first uses Swiffy's Services, whichever is earlier.

3. Agreement Duration

The initial term is 24 months from the effective date. The Agreement continues after this initial period on a month-to-month basis until either party provides 2 months' written notice of cancellation. Cancellation takes effect on the last day of the month in which the notice period expires.

4. Early Cancellation

Where a Merchant cancels this Agreement without providing the required 2-month written notice, an early cancellation fee of 2.5% of the Merchant's average monthly processing volume (calculated over the preceding 3 months) will apply.

5. Technical Support

Swiffy provides access to technical support for the Services during the term of this Agreement. Support is available through the merchant portal and via the contact details provided at onboarding.

6. Fee Changes

Swiffy reserves the right to revise its fees and pricing on the expiry of the initial 24-month period by providing the Merchant with 2 months' written notice. Continued use of the Services after the notice period constitutes acceptance of the revised fees.

7. Fraud Penalty

A penalty of 1% of monthly processing value will apply for each fraud case formally registered with the South African Police Services (SAPS) that is attributed to transactions processed through the Merchant's account. Swiffy reserves the right to suspend Services pending investigation of any such cases.

8. Frozen Bank Accounts

Where a bank account is frozen by bank action or court order in connection with the Merchant's operations, a fee of 15% of the affected funds will apply to cover legal and collection costs associated with account reinstatement or fund recovery.

9. Transaction Limits

Each merchant account is subject to the following default transaction limits:

Where these limits are regularly exceeded, Swiffy will open additional accounts to accommodate volume. Custom limits may be agreed in writing between Swiffy and the Merchant.

10. Limitation of Liability

Important: This clause must be displayed in full on Merchant deposit pages for acceptance by end customers, as required under Clause 12.

To the maximum extent permitted by applicable law, Swiffy shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from or related to the use of Swiffy's Services, including but not limited to loss of profits, loss of data, or business interruption.

Swiffy assumes no responsibility for:

By using Swiffy's Services, end customers and merchants acknowledge and agree to the terms outlined in this Limitation of Liability clause.

11. Merchant Liability

The Merchant agrees to reimburse Swiffy for all reasonable legal costs, including tracing and collection fees, incurred by Swiffy as a result of the Merchant's breach of this Agreement.

12. Display of Limitation of Liability

The full text of Clause 10 (Limitation of Liability) must be displayed on the Merchant's deposit pages in a manner that requires acceptance by end customers prior to completing a transaction. Failure to comply with this requirement constitutes a material breach of this Agreement.

13. Warranties and Representations

To the maximum extent permitted by law, Swiffy gives no warranties or representations — express or implied — regarding the Services, including warranties of merchantability, fitness for a particular purpose, or uninterrupted availability. The Merchant warrants that it has the legal authority to enter into this Agreement and that its use of the Services complies with all applicable laws.

14. Improvements and Upgrades

Swiffy has no obligation to provide improvements, updates or upgrades to the Services. However, where Swiffy introduces changes to the Services, the Merchant may be required to implement corresponding changes to continue using the Services. Swiffy will provide reasonable notice of any such requirements.

15. Governing Law

This Agreement is governed by and construed in accordance with the laws of the Republic of South Africa. Any disputes arising from this Agreement shall be subject to the jurisdiction of the South African courts.

16. Entire Agreement

This Agreement constitutes the entire agreement between Swiffy and the Merchant with respect to the Services and supersedes all prior agreements, representations and understandings. No waiver of any provision shall be deemed a further or continuing waiver of that provision or any other provision.

17. Severability

If any provision of this Agreement is found to be invalid, illegal or unenforceable, that provision shall be severed from the Agreement. The remaining provisions shall continue in full force and effect.

18. Legal Fees

In the event of any dispute under this Agreement, the prevailing party shall be entitled to recover reasonable legal fees from the other party on an attorney-client scale.

19. Assignment

The Merchant may not assign any rights or obligations under this Agreement without Swiffy's prior written consent. Swiffy may assign this Agreement without the Merchant's consent provided the Merchant's rights and interests are not materially prejudiced.

20. Data Protection and Privacy

Both parties warrant that they will comply with all applicable data protection and privacy laws, including POPIA and GDPR where applicable, in connection with their obligations under this Agreement. The Merchant is responsible for ensuring that end customer data collected through Swiffy's Services is handled in accordance with applicable law. Please refer to our Privacy & Data Protection Policy for further details.

21. Contact

For questions relating to these Terms, please contact us at legal@swiffy.co.za.