Payments Terms of Service
Please read these Payments Terms of Service carefully as they contain important information about your legal rights, remedies, and obligations. By using the Payment Services, you agree to comply with and be bound by these Payments Terms of Service.
Last Updated: September 1, 2017
These Payments Terms of Service (“Payments Terms”) constitute a legally binding agreement (“Agreement”) between you and CommunityPayments governing the Payment Services (defined below) conducted through or in connection with the CommunityProfits Platform.
When these Payments Terms mention “CommunityPayments,” “we,” “us,” or “our,” it refers to the CommunityPayments company you are contracting with for Payment Services, which may be CommunityProfit, Inc., CommunityPayments, LLC. or another contracting entity determined for each payment or payout based, among other things, on the jurisdiction in which your Payment Method or Payout Method was issued, as further set forth in Section 21 (“CommunityPayments Contracting Entity”).
The CommunityProfit Terms of Service (“CommunityProfit Terms”) separately govern your use of the CommunityProfits Platform. All capitalized terms have the meaning set forth in the CommunityProfit Terms unless otherwise defined in these Payments Terms.
- Scope and Use of the Payment Services
1.1 CommunityPayments provides payments services to Members, including payment collection services, payments, and payouts, in connection with and through the CommunityProfit Platform (“Payment Services”).
1.2 CommunityPayments may restrict the availability of the Payment Services, or certain services or features thereof, to carry out maintenance measures that ensure the proper or improved functioning of the Payment Services. CommunityPayments may improve, enhance and modify the Payment Services and introduce new Payment Services from time to time.
1.3 The Payment Services may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services are subject to different terms and conditions and privacy practices and Members should review them independently. CommunityPayments is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by CommunityPayments of such Third-Party Services.
1.4 You may not use the Payment Services except as authorized by United States law, the laws of the jurisdiction in which you reside, and any other applicable laws. In particular, but without limitation, the Payment Services may not be used to send or receive funds: (i) into any United States embargoed countries; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons List or Entity List. You represent and warrant that: (i) neither you nor your Expert Services are located or take place in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. In addition to complying with the above, you must also comply with any relevant export control laws in your local jurisdiction.
1.5 Your access to or use of certain Payment Services may be subject to, or require you to accept, additional terms and conditions. If there is a conflict between these Payments Terms and terms and conditions applicable for a specific Payment Service, the latter terms and conditions will take precedence with respect to your use of or access to that Payment Service, unless specified otherwise.
- Key Definitions
“Adjusted Exchange Rate” means the Base Exchange Rate plus a 3% fee charged by CommunityPayments for certain cross-border transactions.
“Base Exchange Rate” means a system-wide rate used by CommunityPayments if the Booking Currency is different than the Expert Country Currency. It does not include any fee or markup by CommunityPayments. CommunityPayments establishes the Base Exchange Rate using data from one or more third parties such as OANDA (www.oanda.com).
“Booking Currency” means the currency in which a Consumer pays for his or her appointment or booking. The Consumer will be able to see (and in some cases, select) their Booking Currency when checking out. The Booking Currency for a booking may be different from the relevant Expert Country Currency.
“Expert Country Currency” means the default currency associated with the country in which the Expert is located. For example, the Expert Country Currency for an Expert located in New York would be U.S. dollars, and the Expert Country Currency for an Expert located in Japan would be Japanese Yen.
“Payout” means a payment initiated by CommunityPayments to a Member for services (such as Expert Fees and Co-Expert Services Fees) performed in connection with the CommunityProfits Platform.
“Payment Method” means a financial instrument that you have added to your CommunityProfit Account, such as a credit card, debit card, or PayPal account.
“Payout Method” means a financial instrument that you have added to your CommunityProfit Account, such as a PayPal account, direct deposit, a prepaid card, or a debit card (where available).
- Modification of these Payments Terms
CommunityPayments reserves the right to modify these Payments Terms at any time in accordance with this provision. If we make changes to these Payments Terms, we will post the revised Payments Terms on the CommunityProfits Platform and update the “Last Updated” date at the top of these Payments Terms. We will also provide you with notice by email of any material modifications at least thirty (30) days before the date they become effective. If you disagree with the revised Payments Terms, you may terminate this Agreement with immediate effect. We will inform you about your right of refusal and your right to terminate this Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued use of the Payment Services will constitute acceptance of the revised Payments Terms.
- Eligibility, Member Verification
4.1 You must be at least 18 years old and able to enter into legally binding contracts to use the Payment Services. By using the Payment Services you represent and warrant that you are 18 or older.
4.2 If you are agreeing to these Payments Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Payments Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
4.3 CommunityPayments may make access to and use of certain areas or features of the Payment Services subject to certain conditions or requirements, such as completing a verification process or meeting specific eligibility criteria.
4.4 We may make inquiries we consider necessary to help verify or check your identity or prevent fraud. In some jurisdictions, we have a legal obligation to collect identity information to comply with anti-money laundering regulations. This may include (i) asking you to provide a form of government identification (e.g., driver’s license or passport), your date of birth, your address, and other information; (ii) requiring you to take steps to confirm ownership of your email address, Payment Methods or Payout Methods; or (iii) attempting to screen your information against third-party databases. CommunityPayments reserves the right to close, suspend, or limit access to the Payment Services in the event we are unable to obtain or verify any of this information.
- Account Registration
5.1 In order to use the Payment Services, you must have a CommunityProfit Account in good standing. If you or CommunityPayments closes your CommunityProfit Account for any reason, you will no longer be able to use the Payment Services.
5.2 You may authorize a third party to use your CommunityProfit Account in accordance with the CommunityProfit Terms. You acknowledge and agree that anyone you authorize to use your CommunityProfit Account may use the Payment Services on your behalf and that you will be responsible for any payments made by such person.
- Payment Methods and Payout Methods
6.1 When you add a Payment Method or Payout Method to your CommunityProfit Account, you will be asked to provide customary billing information such as name, billing address, and financial instrument information either to CommunityPayments or its third-party payment processor(s). You must provide accurate, current, and complete information when adding a Payment Method or Payout Method, and it is your obligation to keep your Payment Method and Payout Method up-to-date at all times. The information required for Payout Methods will include:
- for check, your name and address
- for direct deposit, your address, name on the account, account type, routing number, and account number;
- for PayPal, your address, email address, and payout currency; and
6.2 When you add or use a new Payment Method, CommunityPayments may verify the Payment Method by authorizing a nominal amount, not to exceed one dollar ($1), or a similar sum in the Payment Method’s local currency (e.g., one euro or one British pound). For further verification, we may also (i) authorize your Payment Method for one or two additional nominal amounts, each not to exceed two dollars ($2) or a similar sum in the Payment Method’s local currency (e.g., two euros or two British pounds), and ask you to confirm these amounts, or (ii) require you to upload a billing statement. When you add a Payment Method during checkout, we will automatically save that Payment Method to your CommunityProfit Account so it can be used for a future transaction.
6.3 To verify your Payout Method, CommunityPayments may send one or more payments of nominal amounts to your Payout Method. We may, and retain the right to, initiate refunds of these amounts from your Payout Method.
6.4 Please note that Payment Methods and Payout Methods may involve the use of third-party payment service providers. These service providers may charge you additional fees when processing payments and Payouts in connection with the Payment Services (including deducting charges from the Payout amount), and CommunityPayments is not responsible for any such fees and disclaims all liability in this regard. Your Payment Method or Payout Method may also be subject to additional terms and conditions imposed by the applicable third-party payment service provider; please review these terms and conditions before using your Payment Method or Payout Method.
6.5 You authorize CommunityPayments to store your Payment Method information and charge your Payment Method as outlined in these Payments Terms. If your Payment Method’s account information changes (e.g., account number, routing number, expiration date) as a result of re-issuance or otherwise, we may acquire that information from our financial services partner or your bank and update your Payment Method on file in your CommunityProfit Account.
6.6 You are solely responsible for the accuracy and completeness of your Payment Method and Payout Method information. CommunityPayments is not responsible for any loss suffered by you as a result of incorrect Payment Method or Payout Method information provided by you.
- Financial Terms for Experts
Generally speaking, CommunityPayments will collect the Total Fees from a Consumer at the time the Consumer’s booking request is accepted by the host, or at any other time mutually agreed between the Consumer and CommunityPayments.
7.2.1 In order to receive a Payout you must have a valid Payout Method linked to your CommunityProfit Account. CommunityPayments will generally initiate Payouts to your selected Payout Method within five business days of each calendar month-end or at the time specified via the CommunityProfits Platform. In certain jurisdictions or instances, CommunityPayments may offer you a different time or trigger for payment. The time it takes to receive Payouts once released by CommunityPayments may depend upon the Payout Method you select or that is available. CommunityPayments may delay or cancel any Payout for purposes of preventing unlawful activity or fraud, risk assessment, security, or investigation.
7.2.2 Your Payout for a booking will be the Expert Fee less applicable Expert Fees and Taxes.
7.2.3 CommunityPayments will remit your Payouts in your currency of choice, depending upon your selections via the CommunityProfits Platform, as available. If the currency of your Expert Fee at the time of booking is different from your selected Payout currency when we initiate your Payout, we will apply the Base Exchange Rate to your Payout. Amounts may be rounded up or down as described in Section 10.5 (“Rounding Off”).
7.2.4 For compliance or operational reasons, CommunityPayments may limit the value of each individual Payout. If you are due an amount above that limit, CommunityPayments may initiate a series of Payouts (potentially over multiple days) in order to provide your full payout amount.
7.3.1 If an Expert and a Co-Expert agree on a Co-Expert Services Fee, CommunityPayments will automatically deduct the Co-Expert Services Fees from the Expert’s Expert Fee and pay that fee to the Co-Expert at the same time CommunityPayments initiates the Expert’s Payout.
7.3.2 In the event that a refund is due to a Consumer, CommunityPayments will automatically deduct the amount of the refund, on a pro-rata basis, from the next Payout due to each of the Expert and the Co-Expert.
7.4 If you owe any amount to CommunityPayments (e.g., as a result of your bookings, Booking Modifications, cancellations or other actions as a Consumer, Expert or Co-Expert), you authorize CommunityPayments to collect these amounts from you by withholding the amounts from your future Payouts and/or charging any Payment Method on file in your CommunityProfit Account. Any funds collected by CommunityPayments will setoff the amount owed by you to CommunityPayments and extinguish your obligation to CommunityPayments. In addition to the amount due, if there are delinquent amounts or chargebacks associated with your Payment Method, you may be charged fees that are incidental to our collection of these delinquent amounts and chargebacks. Such fees or charges may include collection fees, convenience fees or other third-party charges.
- Financial Terms for Consumers
8.1 You authorize CommunityPayments to charge your Payment Method the Total Fees for any booking requested in connection with your CommunityProfit Account. CommunityPayments will collect the Total Fees in the manner agreed between you and CommunityPayments via the CommunityProfits Platform. CommunityPayments will generally collect the Total Fees after the Expert accepts your booking request. However, if you pay with a push Payment Method (such as Sofort), CommunityPayments will collect the Total Fees at the time of your booking request. CommunityPayments may offer alternative options for the timing and manner of payment; any additional fees for using offered payment options will be displayed via the CommunityProfits Platform and included in the Total Fees, and you agree to pay such fees by selecting the payment option. If CommunityPayments is unable to collect the Total Fees as scheduled, CommunityPayments will collect the Total Fees at a later point. Once the payment transaction for your requested booking is successfully completed you will receive a confirmation.
8.2 When you request to book an Expert, CommunityPayments may also (i) obtain a pre-authorization via your Payment Method for the Total Fees or (ii) charge or authorize your Payment Method a nominal amount, not to exceed one dollar ($1), or a similar sum in the currency in which you are transacting (e.g., one euro or one British pound), to verify your Payment Method.
8.3 If a requested booking is canceled either because it is not accepted by the Expert or you cancel the booking request before it is accepted by the Expert, any amounts collected by CommunityPayments will be refunded to you, and any pre-authorization of your Payment Method will be released (if applicable). The timing to receive the refund or for the pre-authorization to be released will vary based on the Payment Method and any applicable payment system (e.g., Visa, MasterCard, etc.) rules.
8.4 You authorize CommunityPayments to perform the Payment Method verifications described in Sections 6 and 8, and to charge your Payment Method for any bookings made in connection with your CommunityProfit Account. You hereby authorize CommunityPayments to collect any amounts due by charging the Payment Method provided at checkout, either directly by CommunityPayments or indirectly, via a third-party online payment processor, and/or by one or more of the payment methods that may be available on the CommunityProfits Platform (such as gift cards).
8.5 If CommunityPayments is unable to collect any amounts due via your selected Payment Method, you authorize CommunityPayments to charge any other Payments Methods on file in your CommunityProfit Account (unless you have previously removed the authorization to charge such Payment Method(s)).
8.6 If you Overstay at an appointment, you authorize CommunityPayments to charge any Payment Method(s) you have on file in your CommunityProfit Account to collect Overstay Fees payable under the CommunityProfit Terms. In addition, CommunityPayments may recover any costs and expenses it incurs in collecting the Overstay Fees by charging any Payment Method(s) you have on file in your CommunityProfit Account.
8.7 CommunityPayments is not responsible for any fees that a Consumer’s third-party payment service provider may impose when CommunityPayments charges the Consumer’s Payment Method, and CommunityPayments disclaims all liability in this regard.
- Appointment of CommunityPayments as Limited Payment Collection Agent
9.1 Each Member collecting payment for services provided via the CommunityProfits Platform (such as Expert Services or Co-Expert Services, or transactions facilitated through support requests) (“Providing Member”) hereby appoints CommunityPayments as the Providing Member’s payment collection agent solely for the limited purpose of accepting funds from Members purchasing such services (“Purchasing Members”).
9.2 Each Providing Member agrees that payment made by a Purchasing Member through CommunityPayments, shall be considered the same as a payment made directly to the Providing Member, and the Providing Member will provide the purchased services to the Purchasing Member in the agreed-upon manner as if the Providing Member has received the payment directly from the Purchasing Member. Each Providing Member agrees that CommunityPayments may refund the Purchasing Member in accordance with the CommunityProfit Terms. Each Providing Member understands that CommunityPayments’ obligation to pay the Providing Member is subject to and conditional upon successful receipt of the associated payments from Purchasing Members. CommunityPayments guarantees payments to Providing Members only for such amounts that have been successfully received by CommunityPayments from Purchasing Members in accordance with these Payments Terms. In accepting appointment as the limited payment collection agent of the Providing Member, CommunityPayments assumes no liability for any acts or omissions of the Providing Member.
9.3 Each Purchasing Member acknowledges and agrees that, notwithstanding the fact that CommunityPayments is not a party to the agreement between you and the Providing Member, CommunityPayments acts as the Providing Member’s payment collection agent for the limited purpose of accepting payments from you on behalf of the Providing Member. Upon your payment of the funds to CommunityPayments, your payment obligation to the Providing Member for the agreed upon amount is extinguished, and CommunityPayments is responsible for remitting the funds to the Providing Member in the manner described in these Payments Terms, which constitute CommunityPayments’ agreement with the Purchasing Member. In the event that CommunityPayments does not remit any such amounts, the Providing Member will have recourse only against CommunityPayments and not the Purchasing Member directly.
- General Financial Terms
10.1 Service Fees and Other Fees
10.1.1 CommunityPayments collects the Service Fees charged by CommunityPayments pursuant to the CommunityPayments Terms. Where applicable, CommunityPayments may also collect Taxes (such as VAT in Europe) in respect of the Expert Fees and Consumer Fees. CommunityPayments deducts the Expert Fees from the Expert Fees before remitting the Payout to the Expert as described in these Payments Terms. Consumer Fees are included in the Total Fees collected by CommunityPayments.
10.1.2 More information about when Services Fees apply and how they are calculated can be found on our Service Fees page. CommunityPayments may charge additional fees for use of certain Payment Services and any applicable fees will be disclosed to Members via the CommunityProfits Platform.
10.2 Cancellations and Refunds
10.2.1 If a Consumer cancels a confirmed booking, CommunityPayments will refund the amount of the Total Fees due to the Consumer pursuant to the Expert’s cancellation policy and as otherwise in accordance with the CommunityProfit Terms (including the Consumer refund policy or extenuating circumstances policy). CommunityPayments will also initiate a Payout of any portion of the Total Fees due to the Expert under the applicable cancellation policy.
10.2.2 If an Expert cancels a confirmed booking, CommunityPayments will provide the Consumer a full refund of the Total Fees within a commercially reasonable time of the cancellation. In some instances, CommunityPayments may allow the Consumer to apply the refund to a new booking, in which case CommunityPayments will credit the amount against the Consumer’s subsequent booking at the Consumer’s direction.
10.2.3 If, as an Expert, you cancel a confirmed booking, you agree that CommunityPayments may collect any cancellation fees imposed pursuant to the CommunityProfit Terms. In these instances, CommunityPayments will treat your cancellation as a payment authorization.
10.2.4 If an Expert modifies or cancels an Experience, Event, or other Expert Service, CommunityPayments will provide Consumers a refund in accordance with the CommunityProfit Terms.
10.2.5 All refunds may be subject to the CommunityProfit Terms, extenuating circumstances policy, and consumer refund policy. If a Consumer or CommunityPayments decides for any reason to cancel a confirmed booking pursuant to the CommunityPayments Terms, Consumer refund policy, or extenuating circumstances policy, you agree that CommunityPayments will not have any liability for such cancellations or refunds aside from its obligations to remit refunds or Payouts pursuant to these Payments Terms.
10.2.6 If, as a Expert, your Consumer cancels a confirmed booking or CommunityPayments decides that it is necessary to cancel a confirmed booking, and CommunityPayments issues a refund to the Consumer in accordance with the Consumer refund policy, extenuating circumstances policy, or other applicable cancellation policy, you agree that in the event you have already been paid, CommunityPayments will be entitled to recover the amount of any such refund from you, including by subtracting such refund amount out from any future Payouts due to you.
10.3 Resolution Center
You agree that CommunityPayments may collect from you any amount paid through its support services function or its Resolution Center in connection with your CommunityProfit Account by charging the Payment Method associated with the relevant booking or any other Payment Method on file in your CommunityProfit Account, or by withholding the amount from your future Payouts. CommunityPayments will process such payments otherwise in accordance with these Payments Terms.
10.4 Recurring Payments
10.4.1 For certain bookings (such as for Bookings of three or more months’ worth of sessions with an Expert), CommunityPayments may require a Consumer to make recurring, incremental payments toward the Total Fees owed (“Recurring Payments”). More information on Recurring Payments (including the amount and the frequency of payments) will be made available via the CommunityProfits Platform if applicable to a booking.
10.4.3 If Recurring Payments apply to a confirmed booking, then the Consumer authorizes CommunityPayments to collect the Total Fees, and the Expert agrees that CommunityPayments will initiate Payouts, in the increments and at the frequency agreed to and identified via the CommunityProfits Platform.
10.4.4 Consumers may stop payment of a Recurring Payment by notifying CommunityPayments orally or in writing at least three (3) business days before the scheduled date of the payment. CommunityPayments may require that you give written confirmation of a stop-payment order within fourteen (14) days of an oral notification. If you fail to provide written confirmation within fourteen (14) days as requested, CommunityPayments is not obligated to honor your request to stop any future Recurring Payments. If you have any questions regarding your Recurring Payments, please contact CommunityPayments pursuant to Section 26.
10.5 Rounding Off
10.5.1 CommunityPayments may, in its sole discretion, round up or round down amounts that are payable from or to Members to the nearest whole functional base unit in which the currency is denominated (i.e., to the nearest dollar, euro or other supported currency); for example, CommunityPayments may round up an amount of $101.50 to $102.00, and round down an amount of $101.49 to $101.00.
10.5.2 For currencies denominated in large numbers, CommunityPayments may determine the functional base unit in which those currencies are denominated to be 10, 100 or 1,000 of the currency; the corresponding examples for such currencies would be for CommunityPayments to round up an amount of 1,045 up to 1,050 and 1,044 down to 1,040, or 35,450 up to 35,500 and 35,449 down to 35,400, or 837,500 up to 838,000 and 837,499 down to 837,000.
10.6 Payment Processing Errors
We will take steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the same Payout Method or Payment Method used for the original Payout to or payment by you, so that you end up receiving or paying the correct amount.
10.7 Booking Modifications
If, as a Consumer, you owe additional amounts to CommunityPayments due to a Booking Modification, you agree that CommunityPayments may collect such amounts by charging the Payment Method used to make your booking (or, if that Payment Method is not available, through any other authorized Payment Method in your CommunityProfit Account). If, as an Expert, you owe CommunityPayments any amounts due to a Booking Modification, you agree that CommunityPayments may collect those amounts pursuant to Section 7 (“Financial Terms for Experts”) and as otherwise permitted under these Payments Terms.
If CommunityPayments is unable to collect any amounts you owe under these Payments Terms, CommunityPayments may engage in collection efforts to recover such amounts from you. CommunityPayments will deem any owed amounts overdue when: (a) for authorized charges, sixty (60) days have elapsed after CommunityPayments first attempts to charge the Member’s Payment Method or the associated services have been provided, whichever is later; and (b) for withholdings from an Expert’s future Payouts, one hundred and eighty (180) days have elapsed after the adjustment is made to the Expert’s account or the associated services have been provided, whichever is later. Any overdue amounts not collected within one hundred and eighty (180) days after they become overdue will be deemed to be in default. You hereby explicitly agree that all communication in relation to amounts owed will be made by electronic mail or by phone, as provided to CommunityPayments and/or CommunityPayments by you. Such communication may be made by CommunityProfit, CommunityPayments, or by anyone on their behalf, including but not limited to a third-party collection agent.
11.1 In any jurisdiction where CommunityProfit facilitates Collection and Remittance pursuant to the CommunityProfit Terms, you hereby instruct and authorize CommunityPayments to collect Taxes from Consumers on the Expert’s behalf at the time the Expert Fees are collected and to remit such Taxes to the Tax Authority. The amount of Taxes, if any, collected and remitted by CommunityPayments will be visible to and separately stated to both Consumers and Experts on their respective transaction documents. You expressly agree to release, defend, indemnify, and hold CommunityPayments and its affiliates and subsidiaries, and their officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, debts, obligations, and expenses, including, without limitation, reasonable legal and/or accounting fees, arising out of or in any way related to Taxes, including, without limitation, the applicability of, calculation, collection or remittance of Taxes in any amount or at all as to your transactions or Consultations.
11.2 You agree that any claim or cause of action relating to CommunityPayments’ facilitation of Collection and Remittance shall not extend to any supplier or vendor that may be used by CommunityPayments in connection with facilitation of Collection and Remittance of Taxes if any. Consumers and Experts agree that we may seek additional amounts from you in the event that the Taxes collected and/or remitted are insufficient to fully discharge your obligations to the Tax Authority, and agree that your sole remedy for Taxes collected is a refund of Taxes collected by CommunityPayments from the applicable Tax Authority in accordance with applicable procedures set by that Tax Authority.
- Security Deposits
12.1 Security Deposits, if required by an Expert, may be applied to any Overstay Fees due from a Consumer.
- Currency Conversion
13.1 CommunityPayments will do a currency conversion in the following situations:
- Where a Consumer submits a booking request for an Expert using a Booking Currency that is different from the Expert Country Currency, CommunityPayments will calculate the Total Fees in the Booking Currency by applying either the Base Exchange Rate or the Adjusted Exchange Rate to the Total Fees in the Expert Country Currency at the time of the booking request. Any fees that are based on a percentage of the applicable Expert Fees (such as Consumer Fees), will be calculated based on the Expert Fees in the Booking Currency (i.e., after conversion from the Expert Country Currency). The Base Exchange Rate will be applied if CommunityPayments is unable to process your transaction in the default currency of your Payment Method; in all other cases, the Adjusted Exchange Rate will apply.
- When a confirmed booking is modified or canceled, and a currency conversion has been applied, the Consumer’s payment will be processed using the same Base Exchange Rate or Adjusted Exchange Rate applied at the time of the original booking.
13.2 When you as a Consumer submit a booking request for an Expert, and such request will be subject to a currency conversion, you will be able to view the exchange rate applied to do the currency conversion before you checkout.
- Prohibited Activities
You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Payment Services. In connection with your use of the Payment Services, you may not and you agree that you will not and will not assist or enable others to:
- breach or circumvent any applicable laws or regulations, agreements with third parties, third-party rights, or the CommunityProfit Terms, policies, or standards;
- use the Payment Services for any commercial or other purposes that are not expressly permitted by these Payments Terms;
- register or use any Payment Method or Payout Method with your CommunityProfit Account that is not yours or you do not have authorization to use;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by CommunityPayments or any of CommunityPayments’ providers or any other third party to protect the Payment Services;
- take any action that damages or adversely affects, or could damage or adversely affect, the performance or proper functioning of the Payment Services;
- attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Payment Services; or
- violate or infringe anyone else’s rights or otherwise cause harm to anyone.
- Intellectual Property Ownership, Rights Notices
15.1 The Payment Services are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Payment Services, including all associated intellectual property rights, are the exclusive property of CommunityPayments, CommunityPayments, and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Payment Services. All trademarks, service marks, logos, trade names, and any other proprietary designations of CommunityPayments or CommunityPayments used on or in connection with the Payment Services are trademarks or registered trademarks of CommunityPayments or CommunityPayments in the United States and abroad. Trademarks, service marks, logos, trade names, and any other proprietary designations of third parties used on or in connection with Payment Services are used for identification purposes only and may be the property of their respective owners.
15.2 You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit the Payment Services, except as expressly permitted in these Payments Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by CommunityPayments, CommunityPayments, or its licensors, except for the licenses and rights expressly granted in these Payments Terms.
We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the Payment Services (“Feedback”). You may submit Feedback by emailing us, through the “Contact” section of the CommunityProfits Platform, or pursuant to Section 26 (“Contacting CommunityPayments”). Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
17.1 If you choose to use the Payment Services, you do so voluntarily and at your sole risk. The Payment Services are provided “as is”, without warranty of any kind, either express or implied.
17.2 Notwithstanding CommunityPayments’ appointment as the limited payment collection agent of Providing Members for the purposes of accepting payments from Purchasing Members through the CommunityProfits Platform, CommunityPayments explicitly disclaims all liability for any act or omission of any Member or other third party. CommunityPayments does not have any duties or obligations as agent for each Providing Member except to the extent expressly set forth in these Payments Terms, and any additional duties or obligations as may be implied by law are expressly excluded.
17.3 If we choose to conduct identity verification on any Member, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Member or guarantee that a Member will not engage in misconduct in the future.
17.4 The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.
18.1 You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Payment Services remains with you. If you permit or authorize another person to use your CommunityProfit Account in any way, you are responsible for the actions taken by that person. Neither CommunityPayments nor any other party involved in creating, producing, or delivering the Payment Services will be liable for any incidental, special, exemplary, or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Payments Terms, (ii) from the use of or inability to use the Payment Services, or (iii) from any communications, interactions, or meetings with other Members or other persons with whom you communicate, interact, transact, or meet with as a result of your use of the Payment Services, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not CommunityPayments has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Except for our obligations to pay amounts to applicable Providing Members pursuant to these Payments Terms or an approved payment request under the CommunityPayments Expert Guarantee, in no event will CommunityPayments’ aggregate liability arising out of or in connection with these Payments Terms and your use of the Payment Services including, but not limited to, from your use of or inability to use the Payment Services, exceed the amounts you have paid or owe for bookings via the CommunityProfits Platform as a Consumer in the one (1) month period prior to the event giving rise to the liability, or if you are an Expert or Co-Expert, the amounts paid by CommunityPayments to you in the one (1) month period prior to the event giving rise to the liability, or one hundred U.S. dollars (US$100), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between CommunityPayments and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. If you reside outside of the U.S., this does not affect CommunityPayments’ liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.
18.2 If you reside in the EU, Section 18.1 does not apply, and CommunityPayments is liable under statutory provisions for intent and gross negligence by us, our legal representatives, directors, or other vicarious agents. The same applies to the assumption of guarantees or any other strict liability, or in case of a culpable injury to life, limb, or health. CommunityPayments is liable for any negligent breaches of essential contractual obligations by us, our legal representatives, directors, or other vicarious agents. Essential contractual obligations are such duties of CommunityPayments in whose proper fulfillment you regularly trust and must trust for the proper execution of the contract but the amount shall be limited to the typically occurring foreseeable damage. Any additional liability of CommunityPayments is excluded.
You agree to release, defend (at CommunityPayments’s option), indemnify, and hold CommunityPayments and its affiliates and subsidiaries, and their officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Payments Terms; (ii) your improper use of the Payment Services; (iii) CommunityPayments’ Collection and Remittance of Occupancy Taxes; or (iv) your breach of any laws, regulations, or third-party rights.
- Termination, Suspension, and other Measures
20.1 You may terminate this Agreement at any time via the “Cancel Account” feature on the CommunityProfits Platform or by sending us an email, or by following the termination procedures specified in the CommunityProfit Terms. Terminating this Agreement will also serve as notice to cancel your CommunityProfit Account pursuant to the CommunityPayments Terms. If you cancel your CommunityProfit Account as an Expert, CommunityPayments will provide a full refund to any Consumers with confirmed booking(s). If you cancel your CommunityProfit Account as a Consumer, CommunityPayments will initiate a refund for any confirmed booking(s) based on the Expert’s cancellation policy.
20.2 Without limiting our rights specified below, CommunityPayments may terminate this Agreement for convenience at any time by giving you thirty (30) days’ notice via email to your registered email address.
20.3 CommunityPayments may immediately, without notice terminate this Agreement if (i) you have materially breached your obligations under this Agreement; (ii) you have provided inaccurate, fraudulent, outdated, or incomplete information; (iii) you have violated applicable laws, regulations, or third-party rights; or (iv) CommunityPayments believes in good faith that such action is reasonably necessary to protect other Members, CommunityPayments, CommunityPayments, or third parties (for example in the case of fraudulent behavior of a Member).
20.4 In addition, CommunityPayments may limit or temporarily or permanently suspend your use of or access to the Payment Services (i) to comply with applicable law, or the order or request of a court, law enforcement, or other administrative agency or governmental body, or if (ii) you have breached these Payments Terms, the CommunityProfit Terms, applicable laws, regulations or third-party rights, (iii) you have provided inaccurate, fraudulent, outdated, or incomplete information regarding a Payment Method or Payout Method, or (iv) CommunityPayments believes in good faith that such action is reasonably necessary to protect the personal safety or property of CommunityPayments, its Members, CommunityPayments, or third parties, or to prevent fraud or other illegal activity.
20.5 In case of non-material breaches and where appropriate, you will be given notice of any measure by CommunityPayments and an opportunity to resolve the issue to CommunityPayments’ reasonable satisfaction.
20.6 If you are an Expert and we take any of the measures described in this Section we may refund your Consumers in full for any and all confirmed bookings, irrespective of preexisting cancellation policies, and you will not be entitled to any compensation for pending or confirmed bookings that were canceled.
20.7 If your access to or use of the Payment Services has been limited or this Agreement has been terminated by us, you may not register a new CommunityProfit Account or attempt to access and use the Payment Services through other a CommunityProfit Account of another Member.
20.8 Unless you reside in Germany, if you or we terminate this Agreement, the clauses of these Payments Terms that reasonably should survive termination of these Payments Terms will remain in effect.
- CommunityPayments Contracting Entity
21.1 Generally speaking, the CommunityPayments entity with whom you are contracting for the Payment Services is determined for each payment or payout based on the jurisdiction where the Payment Method or Payout Method was issued.
- Applicable Law and Jurisdiction
22.1 These Payments Terms will be interpreted in accordance with the laws of the State of California and the United States of America, without regard to conflict-of-law provisions. Judicial proceedings (other than small claims actions) that are excluded from the Arbitration Agreement in Section 23 must be brought in state or federal court in San Francisco, California unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in San Francisco, California.
- Dispute Resolution and Arbitration Agreement
23.1 This Dispute Resolution and Arbitration Agreement shall apply if you bring any claim against any CommunityPayments entity (to the extent not in conflict with Section 22).
23.2 Overview of Dispute Resolution Process. CommunityPayments is committed to participating in a consumer-friendly dispute resolution process. To that end, these Payments Terms provide for a two-part process for individuals to whom Section 23.1 applies: (1) an informal negotiation directly with CommunityPayments’s customer service team, and (2) a binding arbitration administered by the American Arbitration Association (“AAA”) using its specially designed Consumer Arbitration Rules (as modified by this Section 23).
23.3 Pre-Arbitration Dispute Resolution and Notification. Prior to initiating an arbitration, you and CommunityPayments each agree to notify the other party of the dispute and attempt to negotiate an informal resolution to it first. We will contact you at the email address you have provided to us; you can contact CommunityPayments’s customer service team by emailing us. If after a good faith effort to negotiate one of us feels the dispute has not and cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party via email prior to initiating the arbitration. In order to initiate arbitration, a claim must be filed with the AAA and the written Demand for Arbitration (available at www.adr.org) provided to the other party, as specified in the AAA Rules.
23.4 Agreement to Arbitrate. You and CommunityPayments mutually agree that any dispute, claim or controversy arising out of or relating to these Payments Terms or the breach, termination, enforcement or interpretation thereof, or to the use of the Payment Services (collectively, “Disputes”) will be settled by binding arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and CommunityPayments agree that the arbitrator will decide that issue.
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23.6 Arbitration Rules and Governing Law. This Arbitration Agreement evidences a transaction in interstate commerce and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. The arbitration will be administered by AAA in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified here. The AAA Rules are available at www.adr.org.
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23.9 Arbitrator’s Decision. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
23.10 Jury Trial Waiver. You and CommunityPayments acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.
23.11 No Class Actions or Representative Proceedings. You and CommunityPayments acknowledge and agree that we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding as to all Disputes. Further, unless you and CommunityPayments both otherwise agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If this paragraph is held unenforceable with respect to any Dispute, then the entirety of the Arbitration Agreement will be deemed void with respect to such Dispute.
23.12 Severability. Except as provided in Section 23.11, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.
23.13 Changes. Notwithstanding the provisions of Section 3 (“Modification of these Payments Terms”), if CommunityPayments changes this Section 23 (“Dispute Resolution and Arbitration Agreement”) after the date you last accepted these Payments Terms (or accepted any subsequent changes to these Payments Terms), you may reject any such change by sending us written notice (including by email) within thirty (30) days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of CommunityPayments’ email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and CommunityPayments in accordance with the provisions of the “Dispute Resolution” section as of the date you last accepted these Payments Terms (or accepted any subsequent changes to these Payments Terms).
23.14 Survival. Except as provided in Section 23.12 and subject to Section 20.8, this Section 23 will survive any termination of these Payments Terms and will continue to apply even if you stop using the Payment Services or terminate your CommunityProfit Account.
- General Provisions
24.1 Except as they may be supplemented by additional terms and conditions, policies, guidelines, or standards, these Payments Terms constitute the entire Agreement between CommunityPayments and you regarding the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between CommunityPayments and you regarding the Payment Services.
24.2 No joint venture, partnership, employment, or agency relationship exists between you or CommunityPayments as a result of this Agreement or your use of the Payment Services.
24.3 If any provision of these Payments Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
24.4 CommunityPayments’ failure to enforce any right or provision in these Payments Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Payments Terms, the exercise by either party of any of its remedies under these Payments Terms will be without prejudice to its other remedies under these Payments Terms or otherwise permitted under law.
24.5 You may not assign, transfer, or delegate this Agreement and your rights and obligations hereunder without CommunityPayments’ prior written consent. CommunityPayments may without restriction assign, transfer, or delegate this Agreement and any rights and obligations, at its sole discretion. Your right to terminate this Agreement at any time remains unaffected.
24.6 This Agreement does not and is not intended to confer any rights or remedies upon any person other than the parties. Notwithstanding the foregoing, the parties agree that the payment card networks are third-party beneficiaries of this Agreement for purposes of enforcing provisions related to payments, but that their consent or agreement is not necessary for any changes or modifications to this Agreement.
24.7 Unless specified otherwise, any notices or other communications permitted or required under this Agreement, will be in writing and given by CommunityPayments via email, CommunityProfits Platform notification, or messaging service (including SMS and chat). For notices made to Members residing outside of Germany, the date of receipt will be deemed the date on which CommunityPayments transmits the notice.
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- Contacting CommunityPayments
You may contact CommunityPayments regarding the Payment Services using the information below:
These Payments Terms are available at https://modernparentproject.com/terms-and-services/payments-terms-service/. CommunityPayments will provide a copy of these Payments Terms on request. If you have any questions about these Payments Terms, please email us.