Payment Terms

Paytree Payment Terms of Service

1. Our Role

2. Your Authorization for Settlement of Proceeds and for Paytree to Recover Funds

In connection with the Payment Services, you authorize us to act as your agent for the purposes of holding, receiving, and disbursing funds on your behalf. Your authorization permits us to generate a paper draft or an electronic funds transfer to settle the proceeds of each transaction that you authorize, less any applicable Fees (as defined in Section 4) (“Proceeds”). Your authorizations will remain in full force and effect until the later of closure or termination of your Paytree Account, or the disbursement of all funds held on your behalf. Our receipt of transaction funds satisfies your customer’s obligations to make payment to you. We will remit to you funds actually received by us on your behalf, less amounts owed to us, subject to any Chargeback provisions (as defined in Section 17-20) or Reserve (as defined in Section 13) withheld or applied.

In addition, by using the Payment Services, you authorize us to recover funds from you in accordance with these Payment Terms, the General Terms and any other agreement you have with us (“Recovery Authorizations.”). Recovery Authorizations include your authorization of Paytree to debit, charge, setoff against and otherwise recover funds from any connected Paytree Account, any Balance (as defined in these Payment Terms) any Reserve (as defined in these Payment Terms), any payment instrument, linked bank, depository and other account registered in your Paytree Account.

Further, in the event that any attempt to recover funds from you should fail, Recovery Authorizations include your grant to Paytree of new, original authorizations to recover all or less than all of the amount you owe us and/or belong to us. Recovery Authorizations include all authorizations to take the above steps without prior notice to you and irrespective of (i) whether we have made demand under these Payment Terms, the General Terms or any other agreement you have with us; and (ii) whether the obligation is contingent, matured or unmatured. You agree that your grant of Recovery Authorizations to us has the same legal effect as if you had signed a paper containing the same terms.

3. Unsupported Industries

Financial and professional services

Investment and credit services

Securities brokers; mortgage consulting or debt reduction services; credit counseling or repair; investment services; real estate opportunities; lending instruments

Money and legal services

Financial institutions, money transmitters and money services businesses, check cashing, wire transfers, money orders; currency exchanges or dealers; bill-pay services; crowdfunding; insurance; bail bonds; collections agencies; law firms collecting funds for any purpose other than to pay fees owed to the firm for services provided by the firm (e.g., firms cannot use Stripe to hold client funds, collection or settlement amounts, disputed funds, etc.)

Virtual currency or stored value

Virtual currency that can be monetized, resold, or converted to physical or digital products and services or otherwise exit the virtual world (e.g., Bitcoin); cryptocurrency mining equipment; initial coin offerings; digital wallets, sale of stored value or credits maintained, accepted and issued by anyone other than the seller

IP Infringement, regulated or illegal products and services

Adult content and services

Pornography and other obscene materials (including literature, imagery and other media) depicting nudity or explicitly sexual acts; sites offering any sexually-related services such as prostitution, escorts, pay-per view, adult live chat features; sexually oriented items (e.g., adult toys); adult video stores and sexually oriented massage parlors; gentleman’s clubs, topless bars, and strip clubs; sexually oriented dating services

Counterfeit or unauthorized goods

Counterfeit goods; unauthorized sale or resale of brand name or designer products or services; sale of goods or services that are illegally imported or exported

Gambling

Lotteries; bidding fee auctions; sports forecasting or odds making for a monetary or material prize; fantasy sports leagues with cash prizes; internet gaming; contests; sweepstakes; games of chance including legal or illegal forms of gambling, internet gambling, sweepstakes and contests with a buy-in or cash prize; charity sweepstakes and raffles for the explicit purpose of fundraising

Intellectual property or proprietary rights infringement

Sales, distribution, or access to counterfeit music, movies, software, or other licensed materials without the appropriate authorization from the rights holder; any product or service that directly infringes or facilitates infringement upon the trademark, patent, copyright, trade secrets, or proprietary or privacy rights of any third party; use of Paytree intellectual property without express consent from Paytree; use of the Paytree name or logo, including use of Paytree trade or service marks inconsistent with the Trademark Usage Guidelines, or in a manner that otherwise harms Paytree or the Paytree brands and products; any action that implies an untrue endorsement by or affiliation with Paytree

Regulated or illegal products or services

Cannabis dispensaries and related businesses; sale of tobacco, e-cigarettes, and e-liquid; online pharmacies; prescription-only products including card-not-present pharmaceuticals; peptides and research chemicals; fake references or ID-providing services; age restricted goods or services; weapons and munitions; gunpowder and other explosives; fireworks and related goods; toxic, flammable, and radioactive materials; products and services with varying legal status on a state-by-state basis; goods or services, the sale of which is illegal under applicable law in the jurisdictions to which your business is targeted or directed

Sanctions

Use of the Payments Services or use of Paytree Payments in or for the benefit of a country, organization, entity, or person embargoed or blocked by any government, including any person/entity on government sanctions lists

Products or services that are otherwise prohibited by law or our financial partners

Aggregation

Engaging in any form of licensed or unlicensed aggregation of funds owed to third parties, factoring, or other activities intended to obfuscate the origin of funds; payment facilitation

Drug paraphernalia

Any equipment designed for making or using drugs, such as bongs, vaporizers, and hookahs

High risk businesses

Bankruptcy lawyers; remote technical support; psychic services; essay mills; chain letters; door-to-door sales; medical benefit packages; telemedicine and telehealth services; travel reservation services and clubs; airlines; cruises; timeshares; circumvention, jamming and interference devices; prepaid phone cards, phone services; telemarketing, offering substantial rebates or special incentives as an inducement to purchase products or services; telecommunications manipulation equipment; forwarding brokers; negative response marketing; subscriptions over one year; extended warranties; government grants; embassy, foreign consulate, or other foreign governments; charities without proper registration; credit card and identity theft protection; the use of credit to pay for lending services; any businesses that we believe poses elevated financial risk, legal liability, or violates card network or bank policies; any business or organization that a. engages in, encourages, promotes or celebrates unlawful violence or physical harm to persons or property, or b. engages in, encourages, promotes or celebrates unlawful violence toward any group based on race, religion, disability, gender, sexual orientation, national origin, or any other immutable characteristic

Multi-level marketing

Pyramid schemes network marketing and referral marketing programs

Pseudo pharmaceuticals

Nutraceuticals, pseudo-pharmaceuticals and other products that make health claims that have not been approved or verified by the applicable local and/or national regulatory body

Social media activity

Sale of Twitter followers, Facebook likes, YouTube views, Instagram followers, and other forms of social media activity

Substances designed to mimic illegal drugs

Sale of a legal substance that provides the same effect as an illegal drug (e.g., salvia, kratom)

Use of Paytree Payments in a manner inconsistent with its intended use or as expressly prohibited in the Processor Terms

Use of Paytree Payments principally as a virtual terminal (e.g., submitting card transactions by manually inputting card information); processing where there is no bona fide good or service sold, or donation accepted; card testing; evasion of card network chargeback monitoring programs; cross-border acquiring; sharing cardholder information with another merchant for payment cross-sell product or service

Video game or virtual world credits

Sale of in-game currency unless the merchant is the operator of the virtual world

4. Our Fees

You agree to pay the applicable fees listed on our pricing page as indicated from time to time for use of the Payment Services. All Fees are charged at the time we process a transaction and are deducted first from the transferred or collected funds and thereafter from the Balance (as defined in Section 14) in your Paytree product Account. You also grant us Recovery Authorizations; which we may utilize to recover fees you owe us. Subject to the General Terms and these Payment Terms, we reserve the right to change the Fees upon reasonable advance notice. All Balances and all Fees, charges, and payments collected or paid through the Payment Services are denominated in US dollars or appropriate local currency converted at prevailing US dollar rates.

5. Processing Errors

We will attempt to fix processing errors we discover. If an error results in your receipt of fewer funds than you are entitled, we will credit your Paytree Account for the difference. You grant us Recovery Authorizations concerning processing errors. If an error results in your receipt of more funds than you are entitled, Paytree may recover the extra funds from you. We will only correct transactions that you process incorrectly if you notify us of such an error. Your failure to notify us of a processing error within thirty (30) days of when it first appears on your electronic transaction history will be deemed a waiver of any right to amounts owed to you.

You must open a payment account on Paytree to access any Proceeds. You confirm that you are you are at least eighteen (18) years of age, or a business entity authorized to conduct business by the country in which you operate and that you are an authorized signatory for the business you represent. You must use your or your business’ true and accurate name when opening a Paytree Account.

Paytree will review the information you submit while signing up for the Payment Services. Paytree will ask for further (KYC) – know your customer details about your business, before you are approved to make a withdrawal from your Paytree account. You authorize Paytree to request identity verifying information about you, including a consumer report and credit report that contains your name and address. Paytree may periodically obtain additional reports to determine whether you continue to meet the requirements for a Paytree Account. You permit Paytree to share information about you and your application (including whether you are approved or declined), and your Paytree Account with your bank or other financial institution, or as otherwise specified in the Privacy Notice . Paytree or its processor and/or acquiring bank may conclude that you will not be permitted to use the Payment Services.

Paytree may request additional information from you at any time. For example, Paytree may ask you to present invoices from your suppliers, a government issued identification such as a passport or driver’s license, a business license, or other information. Paytree may also ask for permission to inspect your business location. If you refuse any of these requests, your Paytree Account may be suspended or terminated.

We will settle Proceeds to your verified bank account or other account you create on your Paytree account when you initiate a withdrawal request. You agree to indemnify Paytree from all liability in regards to loss of funds that you withdraw from your Paytree account; either through accidental access, settlement into wrong account created by you or unauthorized access to your Paytree account.

We may defer pay-out or restrict access to your Proceeds if we need to conduct an investigation or resolve any pending dispute related to your use of the Services. We also may defer pay-out or restrict access to your Proceeds as necessary to comply with applicable law or court order, or if requested by any governmental entity.

When a payment is made to your Paytree Account, we will update your Paytree Account activity on the website and provide you a transaction confirmation. The confirmation will serve as your receipt. Summaries of your Paytree Account activity, including monthly statements, are available on our website for up to one year of account activity. Except as required by law, you are solely responsible for (a) compiling and retaining permanent records of all transactions and other data associated with your Paytree Account and your use of the Payment Services, and (b) reconciling all transactional information that is associated with your Paytree Account. If you believe that there is an error or unauthorized transaction activity is associated with your Paytree Account, you must contact us immediately.

We may withhold funds by temporarily suspending or delaying pay-outs of Proceeds to you and/or designate an amount of funds that you must maintain in your Paytree Accounts or in a separate reserve account (a “Reserve”) to secure the performance of your obligations under any agreement between you and Paytree. The Reserve may also be used to satisfy Paytree’s obligations to hold or remit funds as required by any creditor or governmental authority, including levies, liens, or garnishments. 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 to Paytree. The Reserve may be raised, reduced or removed at any time by Paytree, in its sole discretion, based on your payment history, a credit review, the amount of any arbitration award or court judgment against you in Paytree’s favour, or otherwise as Paytree 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 Paytree Accounts, including any funds (a) transferred by you, (b) due to you, or (c) available in your linked bank account, or 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 Paytree 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.

While you have funds in your Paytree 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. We 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. 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.

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, 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 the 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, including attorneys’ fees and expenses, collection agency fees, and any applicable interest.

If you do not process payments through your Paytree Account for an extended period of time or have not linked a valid account, you may have a Balance that is deemed “unclaimed” or “abandoned” under the law. If this occurs, Paytree will provide you with notice as required by applicable law and instructions for how to transfer your Balance. If funds still remain in your Paytree Account, Paytree will escheat such funds as required by applicable law or, as permitted, to Paytree.

There may be times when your customer may not be the authorized user of the Card or your customer may otherwise contest the transaction. In these instances, the amount of a transaction may be reversed or charged back to your Paytree Accounts (a “Chargeback”) if the transaction (a) is disputed, (b) is reversed for any reason by the Network, our processor, or a customer or its financial institution, (c) was not authorized or we have any reason to believe that the transaction was not authorized, or (d) is allegedly unlawful, suspicious, or in violation of the General Terms or these Payment Terms. You agree to comply with the Chargeback process and to the liability associated with such Chargebacks.

For any transaction that results in a Chargeback, we may withhold the Chargeback amount in a Reserve. You grant us Recovery Authorizations concerning Chargebacks pursuant to which we may recover the amount of any Chargeback and any associated Fees, fines, or penalties listed in the Fee Schedule or assessed by a Network or our processor. If you have pending Chargebacks, we may delay pay-outs from your Paytree Account. Further, if we reasonably believe that a Chargeback is likely with respect to any transaction, we may withhold the amount of the potential Chargeback from payments otherwise due to you until such time that (a) a Chargeback is assessed due to a customer complaint, in which case we will retain the funds, (b) the period of time under applicable law or regulation by which your customer may dispute that the transaction has expired, or (c) we determine that a Chargeback on the transaction will not occur. If we are unable to recover funds related to a Chargeback 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.

If we believe you might incur, or you are incurring, an excessive amount of Chargebacks, we may establish additional conditions governing your Paytree Account, including (a) establishing new processing fees, (b) creating a Reserve in an amount reasonably determined by us to cover anticipated Chargebacks and related fees, (c) delaying pay-outs, or (d) terminating or suspending the Payment Services.

You will assist us when requested, at your expense, to investigate any of your transactions processed through the Payment Services. To that end, you permit us to share information about a Chargeback with the customer, the customer’s financial institution, and your financial institution in order to investigate and/or mediate a Chargeback. We will request necessary information from you to contest the Chargeback. We may also use any Content you upload through the Services to respond to Chargebacks on your behalf. If the Chargeback is contested successfully, we will release corresponding reserved funds to your Paytree Account. If a Chargeback dispute is not resolved in your favour by the Network or issuing bank or you choose not to contest the Chargeback, we may recover the Chargeback 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 Chargeback. We reserve the right, upon notice to you, to charge a fee for mediating and/or investigating Chargeback disputes.

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.

You will only accept payment 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 is in violation of these terms or any other agreement with Paytree, or that it exposes you, your customers, other Paytree Sellers, our processors or Paytree to harm. Harm includes fraud and other criminal acts. If we suspect that your Paytree Account has been used for an unauthorized, illegal, or criminal purpose, you give us express authorization to share information about you, your Paytree Account, and any of your transactions with law enforcement and, as deemed necessary by Paytree, our payment processing and financial institution partners.

With the exception of your participation in a merchant cash advance or other similar merchant financing programs, including Paytree boost, or as otherwise required by applicable law, you will not assign receivables or proceeds due to you under these terms to any third party.

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. Paytree 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 https://visa.com, https://www.mastercard.com, and https://www.americanexpress.com/merchantopguide. In the event of inconsistency between a Network Rule and these Payment Terms, and except as otherwise agreed between Paytree and the Network, the Network Rule shall apply.

You are responsible for determining any and all taxes assessed, incurred, or required to be collected, paid, or withheld for any reason for your use of the Payment Services (“Taxes”). You also are solely responsible for collecting, withholding, reporting, and remitting correct Taxes to the appropriate tax authority. We are not obligated to, nor will we determine whether Taxes apply, or calculate, collect, report, or remit any Taxes to any tax authority arising from any transaction. Paytree specifically disclaims any liability for Taxes.

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. You 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. Paytree 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.

If you 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 Paytree or its partners. For additional information, including tools to help you assess your compliance, see http://www.visa.com/cisp and https://www.mastercard.com/sdp.

Notwithstanding Section 30 of these terms or Section 14 of the General Terms, you understand that your failure to comply with the Network Rules or the PCI-DSS security standards, including the compromise of any payment or Card information, may result in fines or other losses to Paytree. You will indemnify us and reimburse us immediately for any fines or losses directly or indirectly caused by your and your agents’ actions.

You are solely responsible for all customer service policies and issues relating to your goods or services, including pricing, order fulfilment, cancellations or no shows by you or a customer, returns, refunds and adjustments, rebates, functionality and warranty, technical support, and feedback concerning experiences with your personnel, policies or processes. In performing customer service, you will always present yourself as a separate entity from us. As between you and us, we are solely responsible for customer service issues relating to any Paytree Account, payment, Card processing, debiting or crediting.

By accepting Card transactions through the Payment Services, you agree to process returns of, and provide refunds and adjustments for, your goods or services through your Paytree Account in accordance with these Payment Terms and Network Rules. Network Rules require that you disclose your return or cancellation policy to customers at the time of purchase. The amount of the refund/adjustment must include any associated taxes required to be refunded and cannot exceed the amount shown as the total on the original sales data except by the exact amount required to reimburse the customer for delivery fee that the customer paid to return merchandise. If your refund policy prohibits returns or is unsatisfactory to the customer, you may still receive a Chargeback relating to such sales. While using some of services, you may not be able to process a partial refund. If your available Paytree Balance is insufficient to cover the refund, we may exercise any of our rights set forth in Section 2, including withdrawing up to the requested refund amount (the sale amount minus the initial transaction fee) from a payment instrument registered with your Paytree Account or any connected Paytree Account, including any Reserve, and crediting it back into your customer’s Card. The Fees are also refunded by Paytree, so the full purchase amount is always returned to your customer. Paytree has no obligation to accept any returns of any of your goods or services on your behalf.

In addition to Section 14 of the General Terms, you will indemnify, defend, and hold us and our processors (and our respective employees, directors, agents, affiliates and representatives) harmless from and against any and all claims, costs, losses, damages, judgments, Tax assessments, penalties, interest, and expenses (including reasonable attorneys’ fees) arising out of any claim, action, audit, investigation, inquiry, or other proceeding instituted by a person or entity that arises out of or relates to any transaction submitted by you through the Payment Services (including the accuracy of any content or product, service, or transaction information that you provide or any claim or dispute arising out of products or services offered or sold by you).

In addition to Section 16 of the General Terms, with each transaction you process through the Payment Services, you represent, warrant and covenant to us that: (a) the transaction represents a bona fide sale; (b) the transaction accurately describes the goods and/or services provided to the customer; (c) you will fulfil all of your obligations to the customer and will resolve any dispute or complaint directly with the customer; (d) you and the transaction comply with all government, and local laws, rules, and regulations applicable to you and your business, including any applicable tax, wage and hour, and tip laws and regulations; (e) except in the ordinary course of business, you are not submitting a transaction that represents a sale to any principal, partner, proprietor, or owner of your entity.

Paytree may Terminate your use of the Payment Services at any time for any reason. Any termination of these terms does not relieve you of obligations to pay Fees or costs accrued prior to the termination, Chargebacks, and any other amounts owed to us as provided in these Payment Terms or the Terms of Service. If your access to Payment Services has been terminated, you may still be permitted to use Paytree’s other products, subject to our discretion.

Closure of your Paytree Account will cancel any pending transactions. Any funds that we are holding in custody for you at the time of closure, less any applicable Fees, subject to the other conditions in these Payment Terms. If an investigation is pending at the time you close your Paytree Account, we may hold your funds as described herein. If you are later determined to be entitled to some or all of the funds, we will release those funds to you.

The following sections will survive termination of these Payment Terms, in addition to those that survive under Section 12 of the General Terms: 5 (Processing Errors), 7 (Underwriting and Identity Verification), 9 (Access to Proceeds), 10 (Amounts Owed to Paytree; Reversals), 9 (Payout Schedule), 10 (Availability of Proceeds), 11 (Paytree Account History), 12 (Reserve for Holding Funds), 13 (Paytree Account Balances), 14 (Our Set-off Rights; Security Interest), 15 (Dormant Paytree Accounts), 16 (Your Liability for Chargebacks), 17 (Our Collection Rights for Chargebacks), 18 (Excessive Chargebacks), 19 (Contesting Chargebacks), 24 (Taxes), and 28 (Customer Service).