Paytree Payment Terms of Service
Effective Date: April 30, 2021
Last Updated Date: March 31, 2021
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This page explains our terms for payment processing. By using the service you agree to these terms. If you use our services on behalf of your company, that company agrees to them too.
By using Paytree Group Limited (“Paytree,” “we,” “our,” or “us”) payment processing services (“Payment Services”), you agree to be bound by the Terms of Service (“Terms Of Service”) and Provision of Services Terms (“Provision of Services Terms”) , these additional terms and conditions (“Payment Terms”) and all other terms, policies and guidelines applicable to the Services (as defined in the General Terms) used. If you are using the Payment Services on behalf of a business, that business accepts these terms and you represent to us that you have authority to bind that business or entity to these terms. Defined terms will have the same meaning as those found in the General Terms, unless otherwise re-defined herein.
1. Our Role
Our service lets you take payments from your customers. We aren’t a bank, and to make it work we partner with payment providers, card brands and banks that help process card payments.
If you take a lot of payments, the card brands might require that you also enter into an agreement directly with them, called a “Commercial Entity Agreement”.
Paytree is a payment facilitator that allows you to accept payments from customers for the payment for goods and services. We are not a bank and do not offer banking services. Our Payment Services allow you to accept payments from any US-issued and most non-US issued credit, debit, prepaid, or gift cards (collectively, the “Networks”), mobile money payment providers, other payment providers as may be communicated from time to time and specific bank integrations. You are not required to accept any payments service provider as a condition of receiving the Payment Services. We may remove or add payment service providers that we accept at any time without prior notice.
In order to serve in this role, we must enter into agreements with payment service providers, Networks, processors and acquiring banks. By accepting or otherwise agreeing to these Payment Terms, you agree to the terms and conditions of the applicable “Commercial Entity Agreement” effective as of the date you process such specified amounts or as otherwise required by Paytree’s acquiring banks.
2. Your Authorization for Settlement of Proceeds and for Paytree to Recover Funds
You authorize us to act as your agent for payment processing, which includes holding, receiving, and disbursing funds for you. You also authorize us to recover funds from you when needed.
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
We can’t process payments for certain types of businesses or business activity, because of limitations from the card brands, our bank partners, or the law. A few types we won’t support for other business reasons.
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
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
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
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
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
Pyramid schemes network marketing and referral marketing programs
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
We charge our payment processing fee when we process a payment. We may need to change our fees from time to time, and we’ll let you know in advance when we do.
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
When we learn about processing errors we’ll try and fix them. If you receive less funds than you’re supposed to, we’ll credit you. Likewise, if you receive more funds than you’re supposed to, we’ll recover the difference. If you incorrectly process a payment, you need to let us know within 30 days.
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.
Payment Account Setup
6. Account Registration for Payment Services
You’ll need to open a payment account with Paytree to access your funds, using your real name or your business’s real name. You also need to be a legitimate and authorized business entity.
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.
7. Underwriting and Identity Verification
We review your signup information to verify that you are you. Sometimes we need more information, and you authorize us to get that information from you or third parties. We may share your application with our payment provision partners, and they or Paytree may decide you can’t use our services.
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.
8. Requests for Additional Information and Inspection
We may ask you for more information about you or your business. If you refuse, we might need to shut down your Paytree Account.
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.
Use of Your Paytree Account for Payment Services
9. Access to Proceeds
You’ll need to add your bank or mobile account to your Paytree account so we know where to send your funds.
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.
10. Availability of Proceeds
You may not have access to your funds if your Paytree Account is being investigated, you’re involved in a dispute, or for legal reasons.
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.
11. Paytree Account History
Your Paytree account logs your transactions processed with Paytree. You are responsible for your own record-keeping, and if you think there’s an error or unauthorized activity, you should let us know immediately.
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.
12. Reserve for Holding Funds
If some aspect of your business is especially risky, we may need to withhold funds or require that you set aside funds in a reserve to protect against losses. You give us rights to draw from that reserve to collect amounts you owe us.
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.
13. Paytree Account Balances
We safeguard merchant funds, including yours, in pooled bank accounts on your and other merchants’ behalf. You do not earn interest on funds we hold for you.
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.
14. Our Set-off Rights; Security Interest
You grant us different types of recovery rights to help us recover funds that you owe us, and you breach these terms if you fail to repay in full.
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.
15. Dormant Paytree Accounts
If funds sit untouched in your Paytree account for so long (years!) that the law considers them “unclaimed” or “abandoned”, we’ll notify you to retrieve them. If you don’t, we will keep them or send them to the appropriate governmental authority as legally required.
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.
16. Your Liability for Chargebacks
Chargebacks happen when your customers or cardholders dispute transactions with your business. You are responsible for chargebacks to your account and for following our chargeback resolution processes.
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.
17. Our Collection Rights for Chargebacks
We can hold chargeback amounts in a separate account. If you have pending chargebacks, we may delay pay-outs to you. If you lose a chargeback, you agree to pay us the full amount plus any fees, and that we can debit your linked bank account to recover money you owe.
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.
18. Excessive Chargebacks
If you have – or if we think you are likely to have – too many chargebacks we may add restrictions to your account.
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.
19. Contesting Chargebacks
Chargebacks are time sensitive and can involve many parties (you, your bank, your customer, their bank, card brands, etc.), so we need your help to contest chargebacks quickly and diligently. If a chargeback doesn’t end in your favour, we have the right to collect the chargeback amount and any related fees from your account.
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.
Compliance with Network Rules and Laws
20. Restricted Use
Don’t resell or repurpose our services, or use us to process cash advances.
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.
21. Unauthorized or Illegal Use
Don’t try to process illegal or unauthorized transactions. We might decline a transaction if we think it violates our terms or may harm you, your customers, or us. You agree we can share your information with law enforcement to protect ourselves or our partners.
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.
22. Assignment of Receivables
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.
23. Applicable Network Rules
You agree to follow merchant rules published by the card brands, like Visa, MasterCard and American Express: bank service payment providers and other payment service providers.
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.
25. Network Logos and Marks
Don’t abuse payment service providers, card brand 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. 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.
26. PCI Compliance
If you handle credit card information you need to comply with the card brand rules and data security standards for the payment card industry, called “PCI-DSS”. We may help you comply, but you also need to cooperate with us.
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.
27. Failure to Comply with Network Rules or Security Standards
Complying with payment provider and processor brand rules and PCI-DSS security standards helps us make sure your transactions are safe and secure. Keep your passwords safe, don’t give the wrong people access to your account, and don’t expose your customers’ information. If you fail to do so, you’re responsible for losses we suffer.
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.
Your Additional Obligations
28. Customer Service
Customer service for your business is your responsibility. We provide customer service to you for the payment services you use.
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.
29. Refunds and Returns
Show your customers your return or cancellation policy when they make their purchase. When you give a refund, it has to include taxes too. You can process a refund at any time from the day you accepted the payment as long as you have ample funds in your Paytree account to cover the full refund including fees and charges owed to Paytree and its partners for the refund. If you give a refund but don’t have enough funds in your Paytree account, we can recover the difference from you.
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.
30. Additional Indemnity
If you do something using our payment services that leads to us, or our processors, getting sued, fined, or investigated, you agree to cover us.
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).
31. Additional Representations, Warranties, and Covenants
You agree that all transactions you process through Paytree are real sales and don’t break any laws. If your customer has a dispute with the sale, you will work directly with the customer to resolve the dispute.
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.
Termination of Payment Services
We can terminate or refuse your access to the service at any time, for any reason.
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.
33. Payment Services Upon Closure of Your Paytree Account
Unless there’s an ongoing investigation, if your Paytree account is closed, we’ll cancel pending transactions.
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.
Some terms of our agreement (listed below) will still apply even after our relationship ends.
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).