Website Use Terms and Conditions

Website Terms of Use

By using this website, you agree to these Terms of Use and our Privacy Policy. If you do not agree, please stop using the site.

1. About NOIRE

This website is operated by NOIRE (“we”, “us”, “our”). “You” means any user or visitor.

2. Acceptable Use

You must not:

break any law or regulation;
use the site for unlawful, fraudulent or harmful activity;
introduce viruses or malicious code;
attempt unauthorised access to the site or related systems;
copy or reuse site content without permission;
use the site to send spam or unauthorised marketing.

We may restrict access if your use risks security, reputation, legal or regulatory issues.

3. Content & Accuracy

All content is for general information only and may change without notice.
We do not guarantee accuracy or completeness and accept no liability for reliance on the information provided.
You are responsible for ensuring any products, services or information meet your needs.

4. Intellectual Property

All design, text, graphics and trademarks on this site are owned or licensed by us and may not be used without prior written permission.

5. Cookies

We use cookies for essential functionality, analytics and advertising. See our Cookie Policy for details.

6. Legal

Unauthorised use may lead to civil or criminal liability.
These Terms are governed by English law, and disputes are subject to the exclusive jurisdiction of the English courts.

General Data Protection Regulation ICO GDPR

Personal Data ICO and GDPR

NOIRE is registered at the Information Commissioners Office (ICO) registration number ZA344502. We follow all guidelines and rules relating to General Data Protection Regulation (GDPR). For more information about ICO and GDPR please see ICO website. We take all steps reasonably necessary to ensure that your data is treated securely.

Data is only used for the purposes it was provided for, we never share or use data for anything else.

ISO MSP & Card Scheme Registrations

ISO / MSP & Card Scheme Registration

NOIRE works in partnership with fully licensed and regulated acquiring banks and financial institutions in the UK and Europe, including Cashflows, Shift4, Ecommpay and Paysafe.

Where required, NOIRE operates as a registered ISO/MSP of its sponsoring acquiring partners. All acquiring, settlement and card scheme membership responsibilities remain with the respective regulated financial institutions.

Where alternative payment methods or digital wallets are offered, these services are provided through regulated acquiring partners or licensed payment institutions. NOIRE does not directly issue, hold, or manage funds for such services.

Mastercard and Visa are registered trademarks of their respective owners.

Security Policy

Security

PCI DSS compliance is required of all organisations that store, process, or transmit cardholder data. The standard applies across all payment channels, including retail, mail and telephone order, and e-commerce transactions. The Payment Card Industry Data Security Standard (PCI DSS) establishes a consistent framework for protecting sensitive cardholder information across all major card brands.

All transaction data transmitted between Merchant systems and NOIRE’s gateway infrastructure is encrypted using industry-standard SSL/TLS protocols. Cardholder data is never transmitted in an unencrypted format. Messages originating from NOIRE systems are cryptographically signed to safeguard against tampering or unauthorised modification.

PCI DSS sets out comprehensive security requirements designed to minimise the risk of data exposure or compromise. These include:

• Building and maintaining secure networks
• Protecting stored and transmitted sensitive data
• Maintaining secure systems and applications
• Implementing strong access-control measures
• Regular monitoring and testing of systems
• Maintaining formal information security policies

A security event includes any attempted or successful unauthorised access, disclosure, misuse, or compromise of NOIRE’s Account Management System or Payment Gateway, including suspected hacking activity.

Any suspected security event must be reported immediately by contacting our Security Officer at [email protected].

Privacy Policy

1. Who We Are

“NOIRE”, “we”, “us” or “our” refers to the operator of this website. “You” refers to any user or visitor.
We are committed to protecting your personal data and respecting your privacy.

By using noire.com, you agree to this Privacy Policy and our Terms of Use.

2. Information We Collect

Information you provide

You may provide personal information by completing forms on our website, contacting us by phone or email, or applying for our services. This may include contact details, company information, financial data, identification details or any other information you choose to share.
If you provide information about someone else, you confirm you have authority to do so.

Personal and non-personal data

Personal data identifies an individual.
Non-personal data does not, and may be created by anonymising personal information.

We may use non-personal or aggregated data for analytics, reporting and commercial purposes.

3. How We Use Your Information

We use personal data only for the purposes for which it was provided, or for closely related purposes that are compatible with those original reasons.

We use your information to:

deliver our services and fulfil contractual obligations
provide information you request
understand customer needs and improve our products and website
develop and test new features
administer and protect our systems (security, troubleshooting, analytics)
enable interactive features if you choose to use them

We do not share your data with third parties for their marketing.

We may disclose information where required by law, to enforce our terms, or to prevent fraud, crime or security risks.

4. GDPR Compliance

NOIRE is registered with the ICO under registration number ZA344502 and complies with the UK GDPR.
We take appropriate steps to ensure your data is stored and processed securely.

If you are provided with a password or access code, you are responsible for keeping it confidential.

5. Security and PCI DSS

NOIRE is PCI DSS Level 1 compliant, the highest standard for card-data protection.

All transaction information between merchants and NOIRE is encrypted using SSL/TLS.
Cardholder data is never transmitted unencrypted.
Messages sent from NOIRE systems are cryptographically signed to prevent tampering.

PCI DSS requirements include secure networks, strong access controls, vulnerability management, monitoring, and formal information-security policies.

6. Your Rights and External Links

Our website may contain links to external sites. We are not responsible for their content or privacy practices, and they may have their own policies.

7. Changes to This Policy

We may update this Privacy Policy from time to time. Any changes will be posted on this page. Please review it periodically.

8. Contact Us

If you have any questions about this Privacy Policy, please contact:
[email protected]

9. Cookies

We use cookies and similar technologies to support essential website functionality, measure performance, and enhance your experience.

Cookies allow your device to be recognised without identifying you personally. They help:

make the site easier to use
analyse site performance
support secure and reliable operation

You can manage or block cookies through your browser settings.
For more details, please refer to our Cookie Policy.

Patents and Trademarks

Trademark

NOIRE is a registered trademark for the company. First filed with the Intellectual Property Office (operating name of the Patent Office) and registered April 2012 and May 2024 under additional No. UK00004056754.

Registered in respect of:
Class9:
– Payments software
– Software for the processing electronic payments to and from others
– Online payment software.

Class 36:
– Merchant banking services
– Processing of electronic payments
– Processing of credit card payments
– E-wallet payment services
– Debit card payment services
– Electronic payment services
– Payment processing services
– Electronic wallet services (payment services)
– Credit card and payment card services.

Who we are, Company information

Website cookies

We use cookies and similar technologies to make our website work, to understand how it is used, and to support our advertising.

What are cookies?

Cookies are small text files stored on your device. They help websites function, improve performance, and provide usage insights. You can control or delete cookies at any time through your browser settings.

How we use cookies

1. Essential cookies
These are required for the website to operate securely and correctly. They enable basic functions such as page navigation and access to secure areas.

2. Analytics cookies
We use cookies to understand how visitors use our site so we can improve performance and user experience. The data collected is aggregated and does not identify you personally.

Managing cookies

You can block or delete cookies through your browser settings. Please note that disabling essential cookies will affect how the site functions.

Standard Business terms

NOIRE TERMS OF BUSINESS

(Effective from the date the Merchant signs the Merchant Agreement and uses the Services)

These Terms govern the Merchant’s use of NOIRE’s payment gateway and related services (“Services”). By using the Services, the Merchant agrees to these Terms and the applicable Schedule. These Terms do not replace, alter, or supersede any merchant acquiring agreement entered into between the Merchant, NOIRE and the Acquirer; those agreements remain fully binding and take precedence for those matters. Unless a separate tailored agreement is expressly signed by both parties, these Terms constitute NOIRE’s standard Terms of Business and apply to all Services provided by NOIRE. Where a tailored agreement exists, its provisions shall take precedence to the extent of any conflict with these Terms.

About the Service

1.1 NOIRE provides a secure payment gateway (“Service”) that transmits Transaction data from the Merchant to acquirers and other financial institutions for authorisation and settlement.

1.2 NOIRE partners with fully licensed and regulated acquirers, banks and financial institutions.

1.3 NOIRE operates solely as a technical service provider and payment gateway. NOIRE is not an acquiring bank, does not act as a financial institution, and does not hold or control client funds.

1.4 The Merchant must have a valid acquiring agreement (“Merchant Account”) with an Acquirer or financial institution that is approved and provided through NOIRE.

1.5 The Service includes authorisation messaging, payment page or API functionality, reporting, and any additional services specified in the Schedule.

1.6 Certain gateway and processing services may be provided through third-party technology providers under a white-label arrangement. NOIRE remains the Merchant’s contractual counterparty for the Services but does not own or control the underlying processing infrastructure.

1.7 The Merchant acknowledges that all payment processing, authorisation, and settlement decisions are made by third parties (including Acquirers and card schemes), and NOIRE shall have no responsibility or liability for such decisions.

Merchant Responsibilities

2.1 The Merchant must:

operate only lawful products and services
comply with card scheme rules and Acquirer requirements
ensure its website, integration, and security systems function properly
maintain PCI-DSS compliance for its environment
provide accurate business information
notify NOIRE immediately of technical issues or changes in ownership
handle all customer support queries, disputes, refunds, and complaints

2.2 The Merchant accepts full liability for:

all Chargebacks and related fees
fraud, including card-not-present fraud
scheme penalties (e.g., BRAM, ECP, GMAP)
incorrect or incomplete Transaction data
losses arising from the Merchant’s systems, configuration, or website
use of the Service outside PCI-DSS requirements

2.3 The Merchant must not store or send unencrypted card data to NOIRE.

2.4 The Merchant is solely responsible for the configuration, integration, and operation of the Services within its environment and for verifying that Transactions and settlement outcomes are correct.

Fees and Payment

3.1 Fees are listed in the Merchant agreement schedules with the acquiring partner bank and are net settled to the Merchant.

3.2 Invoices for additional services or fees not collected through the merchant agreements will be listed separately.

3.3 General transactions (including but not limited to DB, PA, CP, RG, RF, CD) that the Merchant sends to the gateway are charged at the general transaction processing fees as detailed in the merchant agreements with acquirers.

3.4 Some transactions may incur fees but are not sent to an acquirer such as fraud checks. These will be detailed in separate pricing agreements.

3.5 Some transactions may be NOIRE gateway related and not sent to the acquirer, or are not billed by the Acquirer due to technical or other reasons. In such cases, NOIRE reserves the right to invoice the Merchant for such transactions at the applicable agreed rates, and the Merchant shall remain liable for such Fees.

3.6 NOIRE may suspend or terminate the Service if payment is late.

3.7 NOIRE may update fees with notice, except where required by law or card schemes, in which case changes may take effect immediately.

3.8 NOIRE may suspend Services without liability where any Fees remain unpaid.

3.9 The Merchant acknowledges that all transaction volumes, classifications, and applicable Fees are determined based on data received by NOIRE’s systems, and such records shall be deemed accurate unless proven otherwise.

3.10 NOIRE shall not be responsible for any discrepancies in Fees or billing arising from incorrect integration, configuration, or data submitted by the Merchant.

Authorisation, Settlement & Funds

4.1 An approved authorisation does not guarantee settlement. Settlement decisions are made solely by the Merchant’s Acquirer.

4.2 NOIRE is not responsible for:

settlement delays
withheld funds
reserve requirements
rejected payments
Acquirer or scheme decisions

4.3 The Merchant must reconcile its own settlement and notify NOIRE of discrepancies.

4.4 NOIRE shall have no liability for any failure, delay, or error in Transaction processing, settlement, or fund movement, regardless of cause.

Security, PCI-DSS & Data Protection

5.1 NOIRE maintains PCI-DSS compliance for systems under its control.

5.2 The Merchant must maintain PCI-DSS compliance for its website, systems handling Transaction data, and any storage or transmission of card data.

5.3 The Merchant acts as Data Controller in respect of Transaction and customer data. NOIRE acts as Data Processor solely for the purpose of providing the gateway Services.

5.4 The Merchant shall comply with all applicable data protection laws (including GDPR), including providing appropriate privacy notices and obtaining all necessary consents for the processing and transfer of Personal Data.

5.5 The Merchant must notify NOIRE without undue delay of any actual or suspected security breach or Personal Data breach affecting the Services.

5.6 The Merchant shall indemnify and hold harmless NOIRE against all losses, claims, damages, and costs arising from any breach of data protection laws by the Merchant.

5.7 Personal data shall be processed in accordance with NOIRE’s Privacy Policy.

Service Availability and Support

6.1 NOIRE uses reasonable skill and care to provide secure, reliable, industry-standard services.

6.2 The Service is provided on an “as is” and “as available” basis.

6.3 NOIRE does not warrant:

uninterrupted service
error-free processing
protection against fraud
prevention of Chargebacks
that the Service will meet the Merchant’s specific requirements

6.4 NOIRE may modify the Service due to technical, regulatory, or scheme requirements.

6.5 The Merchant agrees that its sole remedy for any failure of the Service shall be for NOIRE to use reasonable endeavours to correct the issue.

Integration and Testing

7.1 The Merchant is responsible for integration with NOIRE’s systems, following documentation, testing before going live, and maintaining updates.

7.2 NOIRE may provide guidance, but integration responsibility remains with the Merchant.

7.3 NOIRE is not liable for losses caused by failed integrations, incorrect API usage, website defects, or developer errors.

7.4 All risks arising from integration, configuration, or use of the Service rest solely with the Merchant.

Liability

8.1 NOIRE does not accept liability for:

loss of profits
loss of revenue
loss of business or opportunity
loss or corruption of data
goodwill damage
integration costs
operational downtime
fraud losses
Chargebacks
Acquirer decisions
scheme penalties
indirect or consequential losses

NOIRE shall have no liability for any loss arising from service interruption, downtime, or unavailability of the Service.

8.2 NOIRE’s total aggregate liability is limited to the total fees paid by the Merchant in the previous 3 months.

8.3 Nothing excludes liability for fraud or for matters that cannot be excluded by law.

8.4 NOIRE does not guarantee the successful processing of any Transaction and shall not be liable for any financial loss arising from failed, delayed, or incorrect Transactions.

Termination

9.1 This agreement begins when the Merchant accepts these Terms or uses the Services.

9.2 NOIRE may suspend or terminate immediately if:

fees are unpaid
the Merchant breaches these Terms
the Merchant fails PCI-DSS compliance
unlawful or high-risk activity occurs
instructed by an Acquirer or scheme

9.3 The Merchant remains liable for all fees due.

9.4 NOIRE may suspend or terminate Services without liability where required by an Acquirer, card scheme, or regulatory obligation.

Confidentiality & Intellectual Property

10.1 Both parties must keep confidential any non-public information.

10.2 All software, documentation, and intellectual property remain the property of NOIRE.

10.3 The Merchant may only use NOIRE branding with permission.

Changes to These Terms

NOIRE may update these Terms with notice. Continued use constitutes acceptance.

Governing Law

These Terms are governed by English law. Disputes are subject to English courts.

Indemnity

13.1 The Merchant shall indemnify and hold harmless NOIRE against all claims, losses, damages, liabilities, and costs (including legal fees) arising from:

use of the Services
breach of these Terms
misconfiguration or misuse
fraud, Chargebacks, or disputes
breach of law
any third-party claim relating to the Merchant’s business or Transactions

Force Majeure

14.1 NOIRE shall not be liable for any delay, failure, or interruption in the performance of its obligations under these Terms where such delay or failure results from events beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, civil unrest, strikes or labour disputes, epidemics or pandemics, failure of utilities, internet or telecommunications networks, or failures of third-party systems, suppliers, or service providers.

14.2 NOIRE shall use reasonable endeavours to resume performance as soon as reasonably practicable following the cessation of such event.