You hereby appoint us as your payment processing agent for the limited purpose of receiving payments on your behalf from users that authorize payments to you directly or to third-party services that enable transactions with you. Users will receive a receipt upon payment that will indicate that payment has been made on the applicable date. Our obligation to remit funds collected by us on your behalf shall be limited to funds that we have actually received and that are not subject to Chargeback or reversal, and we shall have no obligation to pursue any collection action against any user. Receipt of funds from users by us on your behalf in connection with Service transactions shall be deemed receipt of funds from users by you and will satisfy the obligations owed to you by users in the amount of the applicable payment by the user, even if we fail to remit such funds received from users.
Our Service permits you to authorize payments to sellers directly or to third-party services that enable transactions with sellers. The actual payment will not be completed until the seller or service provider processes your payment authorization with us. A seller or service provider may delay in processing your authorization. The payment authorization will be held with us until the transaction is completed.
Except for our limited role in processing payments that you authorize or initiate, we are not involved in any underlying transaction between you, any other user, or any service providers enrolled in the "ONE CLICK TOUCH" Payments Service ("Provider"). We are not a bank and do not offer banking services. We may use the services of one or more third parties to provide the Service and process your transactions (each a "Processor"). Except for qualifying transactions under our Payment Protection Policy described in the Specific Terms for Seller Accounts and Business Accounts, we do not guarantee payment on behalf of any user. We are not a selling agent in connection with any sale or purchase by you of goods or services to any person. We have no control over the quality, fitness, safety, reliability, legality, or any other aspect of any good or service that you may purchase or sell using the Service or any Provider's Application that you may use to access the Service.
Receiving Payments
Subject to this Agreement, we will deposit to your Payment Account the amounts actually received by us for transactions submitted through the Service (less any applicable fees or other amounts we may collect under this Agreement). Unless we, in our sole discretion, elect to deposit funds earlier, funds for any given transaction will not be deposited until we have received or sent the funds and we or the designated financial institutions have accepted the transaction or funds.
Our Fees
You agree to pay the applicable fees listed on our Fee Schedule ("Fees") whenever you use our Service. We reserve the right to change our Fees at any time, including without limitation if we determine you are incurring excessive Chargebacks. All Balances and all fees, charges, and payments collected or paid through the Service are denominated in U.S. currency. All Fees are charged at the time we process a transaction
Set-off and Collection Rights. –
Without limiting our other rights, we may set-off or deduct from your balance any amount due to us or our affiliates from any other payment instrument registered with us. If we at our discretion are unable or unwilling to set off any amount owed to us or our affiliates, you will pay us immediately, upon demand. Any applicable interest, attorneys' fees, court costs, collection agency fees and others.
Taxes
The sale or purchase of any products or services for a transaction, or otherwise by you or your affiliates, or any of your employees, agents, contractors, or representatives (“Taxes”). You are also responsible for collecting, withholding, reporting and remitting the appropriate tax to the appropriate tax authority. We may provide you with a tool to determine and apply taxes to your transactions, but we and our affiliates are not obligated to determine whether taxes are applicable.
Unless otherwise agreed in writing by You, You may not terminate this Agreement at any time by closing Your Payment Account. You may not close your payment account as a means of avoiding withdrawal restrictions
We may suspend this Agreement or terminate this Agreement and close your Payment Account for any reason at any time upon notice to you.
You represent and warrant to us that: (a) you are eligible to register and use the Service and have the right, power, and ability to enter into and perform under this Agreement and grant the rights, licenses, and authorizations you grant under this Agreement, (b) the name identified by you when you registered is your name or business name under which you sell goods and services, (c) you will use the Service only to transact on your own account and not on behalf of any other person or entity, (d) you will fulfill all of your obligations to each user for which you submit a transaction and will resolve any consumer dispute or complaint directly with the purchaser and, if applicable, the Buyer Dispute Program, (e) you and all transactions initiated by you will comply with all law applicable to you, and (f) you will not use the Service, directly or indirectly, for any fraudulent undertaking or in any manner so as to interfere with the use of the