--- a/payment-terms-v1.md +++ b/payment-terms-v2.md @@ -6,10 +6,22 @@ 1.1 Payments are processed by Finix Payments, Inc. and its partner banks (the "Processor"). Platyn provides the software and is not a bank or money transmitter. -1.2 The Processor's Merchant Services Agreement for Sub-Merchants and its [Prohibited and Restricted Businesses](https://finix.com/terms-and-policies/prohibited-and-restricted-businesses) list form part of these Payment Terms. Accepting these Payment Terms also accepts the Processor's agreement, and Platyn passes that acceptance (with the time, IP address and browser of the person accepting) to the Processor. If the Processor's agreement and these Payment Terms conflict on the Processor's rights, the Processor's agreement controls. +1.2 The [Finix Terms of Service](https://finix-hosted-content.s3.amazonaws.com/flex/v3/finix-terms-of-service.html), the [Finix Privacy Policy](https://finix.com/terms-and-policies/privacy-policy) and Finix's [Prohibited and Restricted Businesses](https://finix.com/terms-and-policies/prohibited-and-restricted-businesses) list form part of these Payment Terms. The Org must comply with the Finix Terms of Service. Finix may update the Finix Terms of Service and the Finix Privacy Policy from time to time, at its sole discretion and without notice. Accepting these Payment Terms also accepts the Finix Terms of Service, and Platyn passes that acceptance (with the time, IP address and browser of the person accepting) to the Processor. If the Finix Terms of Service and these Payment Terms conflict on the Processor's rights, the Finix Terms of Service control. -1.3 The Org is the seller of record for every sale. It is solely responsible for its goods, fulfilment, customer service, refund policy and its customers' satisfaction. +1.3 The Processor is a third-party beneficiary of these Payment Terms and may enforce them directly. +1.4 The Org may access and use the Processor's payments platform only to process transactions for its own customers through Platyn. The Org will not, and will not let anyone else: copy, modify or build a competing product from that platform; reverse-engineer it or try to discover its source code; place any lien on it; get around or undermine its security; use it for anything unlawful, fraudulent, deceptive or harmful; remove any proprietary notice from it; or use it in a way that could damage, overload or impair it or interfere with anyone else's use. + +1.5 The Processor is not liable to the Org for any damages, whether direct, indirect, incidental or consequential, arising from these Payment Terms or the Org's use of its payments platform. The Processor gives the Org no warranty of any kind, including any warranty of title, merchantability, fitness for a particular purpose or non-infringement. + +1.6 The Processor may end the Finix Terms of Service, and the Org's access to its payments platform, at any time as the Finix Terms of Service allow. + +1.7 The Org will use Platyn payments in full compliance with all applicable laws and the card network and Nacha rules. + +1.8 Platyn shares information about the Org, its owners and its customers' payments with the Processor to provide payments, verify identity and prevent fraud, as described in the [Platyn Privacy Policy](/privacy) and the Finix Privacy Policy. The Org authorizes Platyn to give the Processor that information and to act for the Org with the Processor, including on Chargebacks. + +1.9 The Org is the seller of record for every sale. It is solely responsible for its goods, fulfilment, customer service, refund policy and its customers' satisfaction. + ## 2. Verification (KYC/KYB) 2.1 The Org will provide accurate information about the business, its owners holding 25% or more, and a controlling person, and keep it current. @@ -54,8 +66,10 @@ 6.2 Fees are deducted from each transaction or payout before funds are paid to the Org. -6.3 Platyn will give at least 30 days' notice before increasing fees. +6.3 The Processor's fees for Chargebacks and returned ACH payments are passed through at cost and deducted as they occur: $30 for each dispute or dispute inquiry and $5 for each returned ACH payment. +6.4 Platyn will give the Org at least 30 days' written notice before any change to its fees. + ## 7. Payouts 7.1 Payouts go only to a verified bank account in the Org's legal business name. @@ -90,7 +104,9 @@ ## 11. Card data and security -Card and bank details are collected by the Processor's secure forms. The Org will never collect, write down or store card numbers or security codes itself, by email, phone, chat or any other channel. +11.1 Card and bank details are collected by the Processor's secure forms. The Org will never collect, write down or store card numbers or security codes itself, by email, phone, chat or any other channel. + +11.2 The Org will complete the PCI DSS self-assessment questionnaire when Platyn or the Processor asks, and at least once a year. An Org that does not may be charged the Processor's PCI non-compliance fee until it does. ## 12. Taxes