(1) Compiling and retaining permanent records of all transactions and other data associated with your Account and your use of the Payment Services
(2) Reconciling all transactional information that is associated with your Account.
If you believe that there is an error, You are required to report it as outline in this agreement or if an unauthorized transaction activity is associated with your Account, you should contact us immediately.
4. Reserve for Holding Funds
We may withhold funds by temporarily suspending or delaying payouts of refunds or credits to you and/or designate amount of funds that you must maintain in your Account or in a separate reserve account (a “Reserve”) to secure the performance of our obligations under any agreement between us.
We may require a Reserve for any reason related to your use of the Services. The Reserve will be in an amount as reasonably determined by us to cover potential losses. The Reserve may be raised, reduced or removed at any time by "Jeffery G. Douglas or Crystal A. Douglas", in sole discretion, based on your payment history, a credit review, the amount of any arbitration award or court judgment against you in "Jeffery G. Douglas or Crystal A. Douglas"’ favor, or otherwise as "Jeffery G. Douglas or Crystal A. Douglas" or its processor may determine or require.
If you do not have sufficient funds in your Reserve, we may fund the Reserve from any funding source associated with your Accounts, including any funds:
(1) Deposited by you,
(2) Due to you,
(3) Available in your bank account,
(4) Other payment instrument registered with us
You grant us a security interest in and lien on any and all funds held in any Reserve, and also authorize us to make any withdrawals or debits from the Reserve or any bank account linked to any of your Accounts, without prior notice to you, to collect amounts that you owe us.
You will execute any additional documentation required for us to perfect our security interest in any funds in the Reserve. This security interest survives for as long as we hold funds in your Reserve. 5. Account Balances
While you have funds in your Account (your “Balance”), your Balance will be co-mingled and held with other participants’ funds in one or more pooled accounts at one or more banks by us on your behalf and for the benefit of you and others holding balances (each a “Pooled Account”). We have sole discretion over the establishment and maintenance of any pooled account and will not voluntarily make funds available to our creditors in the event of bankruptcy or for any other purpose.
You will not receive interest or any other earnings on any funds that we handle for you, including but limited to owed money As consideration for using the Payment Services, you irrevocably assign to us all rights and legal interests to any interest and/or other earnings that may accrue or are attributable to our holding of your Balance in a Pooled Account or Reserve.
6. Our Set-off Rights; Security Interest
You grant us a security interest in, as well as a right of setoff against, and assign, convey, deliver, pledge and transfer to us, as security for repayment of any obligations due under these Payment Terms and any other agreement you have with us.
You grant us a security interest in All of your right, title, and interest in and to all of your accounts with us. You grant us Recovery Authorizations concerning funds you are obligated to repay us.
You authorize us to administratively freeze or direct any third party bank holding your account to freeze all such accounts to allow us to protect our security interest, collection, charge and setoff rights as provided for in this section.
Your failure to fully pay amounts that you owe us on demand will be a breach of these terms. You are liable for any of our costs associated with collection in addition to any amounts owed, and including attorneys’ fees and expenses, collection agency fees, and any applicable interest.
7. Dormant Accounts
If you do not process payments through your Account for an extended period of time or have not linked a valid bank account, you may have a Balance that is deemed “unclaimed” or “abandoned” under our state’s law. If this occurs, "Jeffery G. Douglas or Crystal A. Douglas" will provide you with notice as required by applicable law and instructions for how to deposit your Balance. If funds still remain in your Account, "Jeffery G. Douglas or Crystal A. Douglas" will escheat such funds as required by applicable law or, as permitted, to our account.
8. Your Liability for Charge Backs
You agree to comply with the Charge-back process and to the liability associated with such Charge Backs, other related charges and a Fifteen (15%) percent Charge-back Fee. There may be times when our customer may not be the authorized user of the Card or our customer may otherwise contest the transaction. In these instances, the amount of a transaction may be reversed or charged back to Accounts Holder (a “Chargeback”) if the transaction:
(1) Is disputed properly,
(2) Is reversed for any reason by the Network, our processor, or a customer or its financial institution, (3) Was not authorized or we have any reason to believe that the transaction was not authorized,
(4) Is allegedly unlawful or suspicious,
(5) In violation of the General Terms
(6) In violation of these Payment Terms
9. Our Collection Rights for Charge-backs
For any transaction that results in a Charge-back, we may withhold the Charge-back amount in a Reserve. You grant us Recovery Authorizations concerning Charge-backs pursuant to whichwe may recover the amount of any Charge-back and any associated Fees, fines, or penalties listed in the Fee Schedule or assessed by a Network or our processor. If you have pending Charge-backs, we may refund or credit payouts from your Account. Further, if we reasonably believe that a Charge-back is likely with respect to any transaction, we may withhold the amount of the potential Charge-back from payments otherwise due to you until such time that:
(1) A Charge-back is assessed due to a customer complaint, in which case we will retain the funds,
(2) The period of time under applicable law or regulation by which you may dispute that the transaction has expired
(3) We determine that a Charge-back on the transaction will not occur.
If we are unable to recover funds related to a Charge-back for which you are liable, you agree to pay us the full amount of the Chargeback immediately upon demand. You agree to pay all costs and expenses, including attorneys’ fees and other legal expenses, incurred by us for the collection of all amounts unpaid by you.
10. Excessive Charge Backs
If we believe we might incur, or we are incurring, an excessive amount of Charge-backs, we may establish additional conditions governing your Account, including:
(1) Establishing new processing fees,
(2) Creating a Reserve in an amount reasonably determined by us to cover anticipated Charge-backs and related fees,
(3) Delaying payouts,
(4) Terminating Services
(5) Suspending the Payment Services for longer periods as necessary to remedy (Off-Set) any Charge-backs and Associated Fees
11. Contesting Charge-backs
You will assist us when requested, to investigate any of your transactions processed through our Payment Service Provider. To that end, you permit us to share information about a Charge-back with the Payment Provider, and your financial institution in order to investigate and/or mediate a Charge-back.
We will request necessary information from you in connection with and to contest the Charge-back. We may also use any Content you upload through the Services to respond to Charge-backs on your behalf.
If the Charge-back is contested successfully, we will release corresponding reserved funds to your Account. If a Chargeback dispute is not resolved in your favor by the Network or issuing bank or you choose not to contest the Charge-back, we may recover the Charge-back amount and any associated fees as described in these terms.
You acknowledge that your failure to assist us in a timely manner when investigating a transaction, including providing necessary documentation within fifteen (15) days of our request, may result in an irreversible Charge-back. We reserve the right, upon notice to you, to charge a fee for mediating and/or investigating Charge-back disputes as outline in this terms.
12. Restricted Use
You will not act as a payment facilitator or otherwise resell the Payment Services to any third party.
You will not use the Payment Services to handle, process or transmit funds for any third party.
You also may not use the Payment Services to process cash advances.
13. Unauthorized or Illegal Use
We will only accept Cards for transactions that are allowed by applicable law. We may decide not to authorize or settle any transaction that you submit to us if we believe that the transaction
(1) Is in violation of these terms
(2) Any other agreement with us or Affiliates
(3) It exposes Us, you, or our processors to harm which includes fraud and other criminal acts.
If we suspect that your Account has been used for an unauthorized, illegal, or criminal purpose, you give us express authorization to share information about You, Your Account, and any of your transactions with law enforcement and, as deemed necessary, our payment processing and financial institution partners. 14. Assignment of Receivables
With the exception of your participation in a merchant cash advance or other similar merchant financing programs, including Square Capital, or PayPal, as otherwise required by applicable law, you will not assign Card Receivables due to you under these terms to any third party.
15. Applicable Network Rules
By using the Payment Services, you agree to comply with all applicable bylaws, rules, and regulations set forth by the Networks (“Network Rules”). The Networks amend their rules and regulations from time to time. "Jeffery G. Douglas or Crystal A. Douglas" may be required to change these terms in connection with amendments to the Network Rules.
Significant portions of the Network Rules are available to the public at Visa, Mastercard, and American Express. In the event of inconsistency between a Network Rule and these Payment Terms, and except as otherwise agreed between "Jeffery G. Douglas or Crystal A. Douglas", Square or PayPal and the Network, the Network Rule shall apply. You also agree to be bound by any applicable NACHA Rules.
16. Taxes
You are responsible for any and all taxes assessed, incurred, or required to be collected, paid, or withheld for any reason for your use of Our Services (“Taxes”). We are solely responsible for collecting, withholding, reporting, and remitting correct Taxes to the appropriate tax authority.
We are obligated to determine whether Taxes apply, or calculate, collect, report, or remit any Taxes to any tax authority arising from any transaction. "Jeffery G. Douglas or Crystal A. Douglas" specifically disclaims any liability for Taxes. If in a given calendar year you process:
(1) More than the applicable reporting threshold according to the Internal Revenue Service (“IRS”) and/or state and local governments in gross amount of payments
(2) More than the applicable number of payments threshold according to the IRS and/or state and local governments, "Jeffery G. Douglas or Crystal A. Douglas" will be required by law to report information about you and your use of the Payment Services to the IRS. For purposes of determining whether you have met the IRS and/or state and local government reporting threshold, the gross amount does not include any adjustments for credits, cash equivalents, discount amounts, fees, refunded amounts or any other amounts.
Whether you reach the applicable gross amount in payments or more than the applicable number of payments, this will be determined by looking at the Taxpayer Identification Number (“TIN”) associated with your Account.
17. Network Logos and Marks
Your use of Network logos and marks (“Network Marks”) is governed by the Network Rules; you must familiarize yourself with and comply with these requirements. The Networks are the sole and exclusive owners of their respective Network Marks.
We will not contest the ownership of the Network Marks, and any Network may prohibit you from using its Network Marks for any reason and at any time.
"Jeffery G. Douglas or Crystal A. Douglas" may require you to make modifications to your Website or other advertising and signage in order to comply with Network Rules related to the Network Marks.
18. PCI Compliance
If our store, process or transmit cardholder data, you will comply with the applicable Payment Card Industry Data Security Standards (PCI-DSS), as well as any requirements under the Network Rules. You will cooperate in forensic investigations as required by US or our partners. For additional information, including tools to help you assess your compliance, see Visa PCI Compliance, Mastercard PCI Compliance, and PCI Security Standards. 19. Failure to Comply with Network Rules or Security Standards
Notwithstanding these terms or Section 1.15 of the General Terms or Privacy Terms, you understand that your failure to comply with the Network Rules or the PCI-DSS security standards,including the compromise of any Card information, may result in fines or other losses to "Jeffery G. Douglas or Crystal A. Douglas". You will indemnify us and reimburse us immediately for any fines or losses directly or indirectly caused by you and your agents’ actions.
(2) Reconciling all transactional information that is associated with your Account.
If you believe that there is an error, You are required to report it as outline in this agreement or if an unauthorized transaction activity is associated with your Account, you should contact us immediately.
4. Reserve for Holding Funds
We may withhold funds by temporarily suspending or delaying payouts of refunds or credits to you and/or designate amount of funds that you must maintain in your Account or in a separate reserve account (a “Reserve”) to secure the performance of our obligations under any agreement between us.
We may require a Reserve for any reason related to your use of the Services. The Reserve will be in an amount as reasonably determined by us to cover potential losses. The Reserve may be raised, reduced or removed at any time by "Jeffery G. Douglas or Crystal A. Douglas", in sole discretion, based on your payment history, a credit review, the amount of any arbitration award or court judgment against you in "Jeffery G. Douglas or Crystal A. Douglas"’ favor, or otherwise as "Jeffery G. Douglas or Crystal A. Douglas" or its processor may determine or require.
If you do not have sufficient funds in your Reserve, we may fund the Reserve from any funding source associated with your Accounts, including any funds:
(1) Deposited by you,
(2) Due to you,
(3) Available in your bank account,
(4) Other payment instrument registered with us
You grant us a security interest in and lien on any and all funds held in any Reserve, and also authorize us to make any withdrawals or debits from the Reserve or any bank account linked to any of your Accounts, without prior notice to you, to collect amounts that you owe us.
You will execute any additional documentation required for us to perfect our security interest in any funds in the Reserve. This security interest survives for as long as we hold funds in your Reserve. 5. Account Balances
While you have funds in your Account (your “Balance”), your Balance will be co-mingled and held with other participants’ funds in one or more pooled accounts at one or more banks by us on your behalf and for the benefit of you and others holding balances (each a “Pooled Account”). We have sole discretion over the establishment and maintenance of any pooled account and will not voluntarily make funds available to our creditors in the event of bankruptcy or for any other purpose.
You will not receive interest or any other earnings on any funds that we handle for you, including but limited to owed money As consideration for using the Payment Services, you irrevocably assign to us all rights and legal interests to any interest and/or other earnings that may accrue or are attributable to our holding of your Balance in a Pooled Account or Reserve.
6. Our Set-off Rights; Security Interest
You grant us a security interest in, as well as a right of setoff against, and assign, convey, deliver, pledge and transfer to us, as security for repayment of any obligations due under these Payment Terms and any other agreement you have with us.
You grant us a security interest in All of your right, title, and interest in and to all of your accounts with us. You grant us Recovery Authorizations concerning funds you are obligated to repay us.
You authorize us to administratively freeze or direct any third party bank holding your account to freeze all such accounts to allow us to protect our security interest, collection, charge and setoff rights as provided for in this section.
Your failure to fully pay amounts that you owe us on demand will be a breach of these terms. You are liable for any of our costs associated with collection in addition to any amounts owed, and including attorneys’ fees and expenses, collection agency fees, and any applicable interest.
7. Dormant Accounts
If you do not process payments through your Account for an extended period of time or have not linked a valid bank account, you may have a Balance that is deemed “unclaimed” or “abandoned” under our state’s law. If this occurs, "Jeffery G. Douglas or Crystal A. Douglas" will provide you with notice as required by applicable law and instructions for how to deposit your Balance. If funds still remain in your Account, "Jeffery G. Douglas or Crystal A. Douglas" will escheat such funds as required by applicable law or, as permitted, to our account.
8. Your Liability for Charge Backs
You agree to comply with the Charge-back process and to the liability associated with such Charge Backs, other related charges and a Fifteen (15%) percent Charge-back Fee. There may be times when our customer may not be the authorized user of the Card or our customer may otherwise contest the transaction. In these instances, the amount of a transaction may be reversed or charged back to Accounts Holder (a “Chargeback”) if the transaction:
(1) Is disputed properly,
(2) Is reversed for any reason by the Network, our processor, or a customer or its financial institution, (3) Was not authorized or we have any reason to believe that the transaction was not authorized,
(4) Is allegedly unlawful or suspicious,
(5) In violation of the General Terms
(6) In violation of these Payment Terms
9. Our Collection Rights for Charge-backs
For any transaction that results in a Charge-back, we may withhold the Charge-back amount in a Reserve. You grant us Recovery Authorizations concerning Charge-backs pursuant to whichwe may recover the amount of any Charge-back and any associated Fees, fines, or penalties listed in the Fee Schedule or assessed by a Network or our processor. If you have pending Charge-backs, we may refund or credit payouts from your Account. Further, if we reasonably believe that a Charge-back is likely with respect to any transaction, we may withhold the amount of the potential Charge-back from payments otherwise due to you until such time that:
(1) A Charge-back is assessed due to a customer complaint, in which case we will retain the funds,
(2) The period of time under applicable law or regulation by which you may dispute that the transaction has expired
(3) We determine that a Charge-back on the transaction will not occur.
If we are unable to recover funds related to a Charge-back for which you are liable, you agree to pay us the full amount of the Chargeback immediately upon demand. You agree to pay all costs and expenses, including attorneys’ fees and other legal expenses, incurred by us for the collection of all amounts unpaid by you.
10. Excessive Charge Backs
If we believe we might incur, or we are incurring, an excessive amount of Charge-backs, we may establish additional conditions governing your Account, including:
(1) Establishing new processing fees,
(2) Creating a Reserve in an amount reasonably determined by us to cover anticipated Charge-backs and related fees,
(3) Delaying payouts,
(4) Terminating Services
(5) Suspending the Payment Services for longer periods as necessary to remedy (Off-Set) any Charge-backs and Associated Fees
11. Contesting Charge-backs
You will assist us when requested, to investigate any of your transactions processed through our Payment Service Provider. To that end, you permit us to share information about a Charge-back with the Payment Provider, and your financial institution in order to investigate and/or mediate a Charge-back.
We will request necessary information from you in connection with and to contest the Charge-back. We may also use any Content you upload through the Services to respond to Charge-backs on your behalf.
If the Charge-back is contested successfully, we will release corresponding reserved funds to your Account. If a Chargeback dispute is not resolved in your favor by the Network or issuing bank or you choose not to contest the Charge-back, we may recover the Charge-back amount and any associated fees as described in these terms.
You acknowledge that your failure to assist us in a timely manner when investigating a transaction, including providing necessary documentation within fifteen (15) days of our request, may result in an irreversible Charge-back. We reserve the right, upon notice to you, to charge a fee for mediating and/or investigating Charge-back disputes as outline in this terms.
12. Restricted Use
You will not act as a payment facilitator or otherwise resell the Payment Services to any third party.
You will not use the Payment Services to handle, process or transmit funds for any third party.
You also may not use the Payment Services to process cash advances.
13. Unauthorized or Illegal Use
We will only accept Cards for transactions that are allowed by applicable law. We may decide not to authorize or settle any transaction that you submit to us if we believe that the transaction
(1) Is in violation of these terms
(2) Any other agreement with us or Affiliates
(3) It exposes Us, you, or our processors to harm which includes fraud and other criminal acts.
If we suspect that your Account has been used for an unauthorized, illegal, or criminal purpose, you give us express authorization to share information about You, Your Account, and any of your transactions with law enforcement and, as deemed necessary, our payment processing and financial institution partners. 14. Assignment of Receivables
With the exception of your participation in a merchant cash advance or other similar merchant financing programs, including Square Capital, or PayPal, as otherwise required by applicable law, you will not assign Card Receivables due to you under these terms to any third party.
15. Applicable Network Rules
By using the Payment Services, you agree to comply with all applicable bylaws, rules, and regulations set forth by the Networks (“Network Rules”). The Networks amend their rules and regulations from time to time. "Jeffery G. Douglas or Crystal A. Douglas" may be required to change these terms in connection with amendments to the Network Rules.
Significant portions of the Network Rules are available to the public at Visa, Mastercard, and American Express. In the event of inconsistency between a Network Rule and these Payment Terms, and except as otherwise agreed between "Jeffery G. Douglas or Crystal A. Douglas", Square or PayPal and the Network, the Network Rule shall apply. You also agree to be bound by any applicable NACHA Rules.
16. Taxes
You are responsible for any and all taxes assessed, incurred, or required to be collected, paid, or withheld for any reason for your use of Our Services (“Taxes”). We are solely responsible for collecting, withholding, reporting, and remitting correct Taxes to the appropriate tax authority.
We are obligated to determine whether Taxes apply, or calculate, collect, report, or remit any Taxes to any tax authority arising from any transaction. "Jeffery G. Douglas or Crystal A. Douglas" specifically disclaims any liability for Taxes. If in a given calendar year you process:
(1) More than the applicable reporting threshold according to the Internal Revenue Service (“IRS”) and/or state and local governments in gross amount of payments
(2) More than the applicable number of payments threshold according to the IRS and/or state and local governments, "Jeffery G. Douglas or Crystal A. Douglas" will be required by law to report information about you and your use of the Payment Services to the IRS. For purposes of determining whether you have met the IRS and/or state and local government reporting threshold, the gross amount does not include any adjustments for credits, cash equivalents, discount amounts, fees, refunded amounts or any other amounts.
Whether you reach the applicable gross amount in payments or more than the applicable number of payments, this will be determined by looking at the Taxpayer Identification Number (“TIN”) associated with your Account.
17. Network Logos and Marks
Your use of Network logos and marks (“Network Marks”) is governed by the Network Rules; you must familiarize yourself with and comply with these requirements. The Networks are the sole and exclusive owners of their respective Network Marks.
We will not contest the ownership of the Network Marks, and any Network may prohibit you from using its Network Marks for any reason and at any time.
"Jeffery G. Douglas or Crystal A. Douglas" may require you to make modifications to your Website or other advertising and signage in order to comply with Network Rules related to the Network Marks.
18. PCI Compliance
If our store, process or transmit cardholder data, you will comply with the applicable Payment Card Industry Data Security Standards (PCI-DSS), as well as any requirements under the Network Rules. You will cooperate in forensic investigations as required by US or our partners. For additional information, including tools to help you assess your compliance, see Visa PCI Compliance, Mastercard PCI Compliance, and PCI Security Standards. 19. Failure to Comply with Network Rules or Security Standards
Notwithstanding these terms or Section 1.15 of the General Terms or Privacy Terms, you understand that your failure to comply with the Network Rules or the PCI-DSS security standards,including the compromise of any Card information, may result in fines or other losses to "Jeffery G. Douglas or Crystal A. Douglas". You will indemnify us and reimburse us immediately for any fines or losses directly or indirectly caused by you and your agents’ actions.