Effective Date: June 10, 2026
Editor’s note — not part of the published Terms. Three sections have been added since the original June 10, 2026 version and are marked “NEW — ATTORNEY REVIEW”: Section 12 (Arbitration and Class Action Waiver), Section 13 (Limitation of Actions), and Section 14 (Assignment). Section 11 was adjusted so it reconciles with the new arbitration clause. These additions bring the Terms in line with protections a peer benchmark carries that the original set did not. Have counsel confirm the arbitration administrator and rules, the opt-out window, and the claim time-bar before publishing, then delete this note and update the effective date.
Welcome to getwholepay.com (the “Site”), operated by PMG Merchant Consulting LLC, doing business as WholePay (“WholePay,” “we,” “us,” or “our”). These Terms of Use (“Terms”) govern your access to and use of the Site.
By using the Site, you agree to these Terms. If you do not agree, do not use the Site.
WholePay is an independent payment consulting and merchant services agency. We help businesses evaluate, obtain, and optimize payment processing services provided by third-party payment processors, acquiring banks, and merchant service providers.
Important disclosures:
Content on the Site is provided for general information only. It is not legal, financial, accounting, or tax advice. You should consult your own advisors before making decisions about your business.
The Site is intended for business use by individuals 18 years of age or older. By using the Site, you represent that you meet these requirements.
You agree not to:
The Site and its content, including text, graphics, logos, and design, are owned by PMG Merchant Consulting LLC or its licensors and are protected by copyright, trademark, and other laws. “WholePay” and related marks are trademarks of PMG Merchant Consulting LLC. You may not use them without our prior written consent.
You may view and print Site content for your own business evaluation purposes. Any other use requires our written permission.
When you submit a form, book a call, or message us through the Site, you consent to be contacted about your inquiry by email or phone. Where you have separately opted in, we may also contact you by text message under our SMS Terms. Our collection and use of your information is described in our Privacy Policy.
The Site may reference or link to third-party websites and services, including payment processors, software platforms, and scheduling tools. We do not control and are not responsible for third-party sites, services, or their content. Your use of them is at your own risk and subject to their own terms.
THE SITE AND ITS CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY INFORMATION ON THE SITE IS COMPLETE, ACCURATE, OR CURRENT.
WHOLEPAY DOES NOT GUARANTEE ANY SPECIFIC SAVINGS, RATES, APPROVAL, OR OUTCOME WITH RESPECT TO ANY PAYMENT PROCESSING SERVICE.
TO THE FULLEST EXTENT PERMITTED BY LAW, PMG MERCHANT CONSULTING LLC AND ITS OWNERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, OR DATA, ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM YOUR USE OF THE SITE WILL NOT EXCEED ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU.
This section does not limit liability arising under any separate written services agreement between you and WholePay, which is governed by its own terms.
You agree to indemnify and hold harmless PMG Merchant Consulting LLC from any claims, damages, or expenses (including reasonable attorneys’ fees) arising from your violation of these Terms or your misuse of the Site.
These Terms are governed by the laws of the State of Tennessee, without regard to conflict of law principles. Subject to the arbitration agreement in Section 12, any dispute not required to be arbitrated, and any action to enforce an arbitration award, will be brought exclusively in the state or federal courts located in Tennessee, and you consent to their jurisdiction.
NEW — ATTORNEY REVIEW. New section. Confirm the arbitration administrator and applicable rules, the opt-out window, and enforceability under Tennessee law before publishing.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.
Agreement to arbitrate. You and WholePay agree that any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Site (a “Dispute”) will be resolved by binding individual arbitration, rather than in court, except as set out below. The Federal Arbitration Act governs the interpretation and enforcement of this section.
Exceptions. Either party may (a) bring an individual claim in small claims court if it qualifies, and (b) seek injunctive or other equitable relief in court to protect its intellectual property or confidential information. Seeking that relief does not waive the agreement to arbitrate any other Dispute.
Class action waiver. You and WholePay agree that each may bring claims against the other only on an individual basis, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person’s claims and may not preside over any form of a class or representative proceeding.
Jury trial waiver. If for any reason a Dispute proceeds in court rather than in arbitration, you and WholePay each waive any right to a jury trial.
Arbitration procedure. The arbitration will be administered by a recognized arbitration provider [ATTORNEY TO SPECIFY — for example, the American Arbitration Association] under its rules then in effect, including any consumer arbitration rules where applicable. The arbitration may be conducted by telephone, based on written submissions, or in person in the county where you reside or at another mutually agreed location. The arbitrator may award the same relief on an individual basis that a court could, and the arbitrator’s award may be entered as a judgment in any court of competent jurisdiction.
Your right to opt out. You may opt out of this arbitration agreement within thirty (30) days after you first accept these Terms by emailing info@getwholepay.com with your name and a statement that you decline arbitration. Opting out does not affect any other part of these Terms.
Survival. This section survives termination of these Terms and your use of the Site.
NEW — ATTORNEY REVIEW. New section. Many site terms use a one-year period for stronger protection; confirm the period that is enforceable in Tennessee.
Any Dispute or claim arising out of or relating to these Terms or your use of the Site must be filed within two (2) years after the claim first arose. After that period, the claim is permanently barred, except where applicable law does not allow the limitation period to be shortened by agreement.
NEW — ATTORNEY REVIEW. New section.
You may not assign or transfer these Terms, or any of your rights or obligations under them, without our prior written consent. Any attempted assignment in violation of this section is void. We may assign these Terms and our rights and obligations under them, including in connection with a merger, acquisition, reorganization, or sale of assets, without your consent. These Terms bind and benefit the parties and their permitted successors and assigns.
We may update these Terms from time to time. When we do, we will revise the effective date at the top of this page. Your continued use of the Site after changes take effect constitutes acceptance of the updated Terms.
If any provision of these Terms is found unenforceable, the rest remain in effect. These Terms, together with the Privacy Policy, Cookies Policy, and SMS Terms, are the entire agreement between you and WholePay regarding use of the Site. Our failure to enforce any provision is not a waiver of it.
PMG Merchant Consulting LLC d/b/a WholePay
128 Nivens ln Hilham TN 38568
info@getwholepay.com
