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Mercury applies a discretionary hold of one, two, or four business days on incoming ACH invoice payments before crediting funds to the merchant's account, with the hold period determined solely by Mercury based on undisclosed risk factors. Estimated availability dates are not guaranteed and may change, and Mercury reserves the right to modify hold policies at any time without specifying a notice requirement.
This analysis describes what Mercury's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
This provision establishes that merchants using Mercury Invoicing cannot rely on specific funds availability timelines, as hold periods are set by Mercury at sole discretion and estimated availability dates are explicitly not guaranteed. Mercury also reserves the right to modify hold policies at any time, creating ongoing operational uncertainty for merchants managing cash flow based on invoice payment schedules.
Mercury's updated terms establish detailed rules for how recurring autopay works on invoices. Under the revised language, payers authorize recurring ACH debits through a separate addendum, Mercury will not retry failed payments (except once if caused by a Mercury system issue), and autopay authorization will automatically cancel after two consecutive failures in a series. You can prevent autopay cancellation by ensuring payers have sufficient funds, re-enrolling the payer, or requesting manual payment if the series fails twice.
View change record →The updated terms establish that when customers pay invoices you issue through Mercury Invoicing via ACH debit, Mercury will apply a hold period before crediting the funds to your account. The hold period is determined by Mercury in its sole discretion based on risk factors related to the transaction, payer, and payment history, and may range from 1 to 4 business days from the date the ACH debit is initiated. Mercury will display an estimated funds availability date for each incoming invoice payment in your Invoicing dashboard.
View change record →Under this clause, merchants who receive invoice payments through Mercury Invoicing may experience funds availability holds of up to four business days, with the specific hold period determined by Mercury in its sole discretion based on undisclosed risk factors. Estimated availability dates displayed in the dashboard are not guaranteed and are subject to change.
Cross-platform context
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"When a payer submits payment on an invoice you have issued through Mercury Invoicing via ACH debit, Mercury applies a risk-based funds availability period before crediting the payment to your Account. The applicable availability period is determined by Mercury in its sole discretion based on risk factors related to the transaction, payer, and payment history, and may be one (1), two (2), or four (4) business days from the date the ACH debit is initiated. Mercury will display an estimated funds availability date for each incoming Invoice Payment in your Invoicing dashboard. Mercury does not guarantee that funds will be available on any specific date, and estimated availability dates are subject to change based on returns, disputes, or other factors outside Mercury's control. Mercury reserves the right to modify its hold policies at any time.Excerpt from Mercury's Terms of Service
1) REGULATORY LANDSCAPE: ACH payment processing and funds availability practices by non-bank financial service providers may engage FTC Act standards related to unfair or deceptive practices if availability timelines are materially misrepresented. Nacha Operating Rules govern ACH network participation and return rights, which may constrain certain aspects of Mercury's hold and return practices. The document references compliance with the terms of the Deposit Account agreement with the Banking Provider, which may impose additional funds availability requirements. 2) GOVERNANCE EXPOSURE: Medium. The combination of sole discretion hold periods, non-guaranteed estimated availability dates, and the right to modify hold policies at any time without a defined notice period creates operational unpredictability for merchants with time-sensitive cash flow requirements. The provision also states that Mercury reserves the right to cancel Invoice Payments without prior notice based on fraud and risk controls, compounding cash flow uncertainty. 3) JURISDICTION FLAGS: Merchants operating in jurisdictions with expedited payment or commercial receivables regulations should assess whether Mercury's hold practices interact with applicable local payment law. California-based merchants should evaluate whether Mercury's discretionary hold practices are consistent with California commercial banking and payment services requirements. 4) CONTRACT AND VENDOR IMPLICATIONS: Organizations relying on Mercury Invoicing for receivables management should assess the operational impact of variable, non-guaranteed hold periods on working capital and cash flow modeling. The provision that Mercury may debit the merchant's account for returned or reversed ACH entries (Section 7A.5) creates an additional financial exposure that should be factored into treasury risk assessments alongside the hold period uncertainty. 5) COMPLIANCE CONSIDERATIONS: Merchants should document their understanding of Mercury's hold policies as currently disclosed and monitor for any changes, given Mercury's right to modify hold policies at any time. Legal teams should review whether any service level commitments or funds availability guarantees can be negotiated separately from the standard Terms of Use for high-volume invoicing customers.
This provision establishes that merchants using Mercury Invoicing cannot rely on specific funds availability timelines, as hold periods are set by Mercury at sole discretion and estimated availability dates are explicitly not guaranteed. Mercury also reserves the right to modify hold policies at any time, creating ongoing operational uncertainty for merchants managing cash flow based on invoice payment schedules.
Under this clause, merchants who receive invoice payments through Mercury Invoicing may experience funds availability holds of up to four business days, with the specific hold period determined by Mercury in its sole discretion based on undisclosed risk factors. Estimated availability dates displayed in the dashboard are not guaranteed and are subject to change.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Mercury.