GlossGenius Payments Terms
These Terms and Conditions form an agreement (“GlossGenius Payments Terms”) between you (the “Professional”, “you”, or “your”) and GlossGenius, Inc. (“GlossGenius”, “we”, “us”, or “our”).
1. The GlossGenius Payments Services
1.1. Our Role. The GlossGenius Services (as defined in the GlossGenius Terms of Service) allow Clients to pay and Professionals to accept payments for goods or services, including Card-based payments initiated with Cards bearing the trademarks of Visa U.S.A., Inc., and Visa International (collectively, “Visa”), MasterCard International Incorporated (“MasterCard”), American Express or any other applicable Card networks’ (such networks being, collectively, the “Payment Networks”). We are not a bank. We do not offer banking services as defined by the United States Department of Treasury. If you are using the GlossGenius Services, or creating an account with GlossGenius (“Account”), you agree to these GlossGenius Payments Terms.
GlossGenius facilitates the processing of payments Professionals receive from Clients. This means that we collect, analyze and relay information generated in connection with these payments. We leverage a leading, reputable Payment Service Provider (“Processor”) to facilitate payments via the GlossGenius Services. The GlossGenius Services allow Professionals to accept payments from any US-issued and most non-US issued credit, debit or prepaid cards, including American Express, Discover, Mastercard and Visa. Please note that we reserve the right to remove or add cards that we accept at any time without notice.
You hereby appoint us as your agent to deliver information and instructions on your behalf to the Processor.
Under the separate GlossGenius Terms of Service (the “GlossGenius Terms of Service”), GlossGenius provides you with the Services along with these GlossGenius Payments Terms (collectively, the “GlossGenius Platform Services”). The GlossGenius Terms of Service are incorporated herein by reference. By accepting these GlossGenius Payments Terms, you are also accepting the GlossGenius Terms of Service.
1.2. The Processor. By accepting these GlossGenius Payments Terms, you agree to the creation of an account with the applicable Processor for Payment Processing (the “Processor Account”). We reserve the right to change any Processor at any time at our sole discretion. In the event of any inconsistency between these GlossGenius Payments Terms and the Processor’s terms (currently located at www.stripe.com), these GlossGenius Payments Terms shall prevail, except in the event of any inconsistency between these GlossGenius Payments Terms and the applicable Processor’s terms concerning Payment Processing or the Processor Account, in which case such Processor’s terms shall prevail.
The Processor’s role is to accept and process credit card, debit card, pre-paid card, gift card, and other types of payments (collectively “Payment Methods”) for sales of your products or services through internet-based transactions (“Transactions”).
1.3. Your Role. It is your responsibility to obtain your customers’ consent to be billed for each Transaction or, as the case may be, on a recurring basis, in compliance with applicable legal requirements and the Payment Networks’ payment rules (the “Payment Network Rules”).
You are required to comply with all applicable Payment Network Rules. The Payment Networks may amend the Payment Network Rules at any time and without notice to us or to you. Insofar as the terms of these GlossGenius Payments Terms and/or the Processor’s terms are inconsistent with the Payment Network Rules, the Payment Network Rules shall prevail.
1.4. Payment Methods. GlossGenius supports certain Payment Methods. You also assume sole and exclusive responsibility for Transactions under the Processor’s terms. You are solely responsible for verifying the identity of your customers and the eligibility of a presented Payment Method used to purchase your products, offers, and services, and none of GlossGenius, our affiliates, and their respective employees, agents and service providers (each a “GlossGenius Entity”) guarantees or assumes any liability for any transactions that may later be reversed, or charged back unless otherwise provided on our Site, in the App, or otherwise in your Account. You are solely responsible for all reversed or charged back transactions regardless of the reason for, or timing of the reversal or chargeback unless otherwise provided on our Site, in the App, or otherwise in your Account. GlossGenius or the Processor may add or remove one or more types of Payment Networks or Payment Methods, in their sole discretion, at any time, without prior notice to you.
1.5. Customer Service. Each Professional, as a separate entity from GlossGenius, is solely responsible for all customer service issues relating to such Professional's goods or services, including without limitation, any services performed or offered, pricing, order fulfillment, order or appointment cancellation, returns, refunds and adjustments, rebates, functionality and warranty, and feedback concerning experiences with such Professional, any personnel, their policies or processes. In performing customer service, Professionals must present themselves as a separate entity from GlossGenius. As between Professionals and GlossGenius, GlossGenius is solely responsible for customer service issues relating to any Account, payment, Card processing, debiting or crediting.
1.6. Taxes. You have sole and exclusive responsibility to determine what, if any, taxes apply to the sale of your products, offers, and services or the payments you receive in connection with your use of GlossGenius Services ("Taxes"). It is solely your responsibility to assess, collect, report, or remit the correct Taxes to the proper tax authority, whether in your customers’ jurisdictions, your jurisdiction, or elsewhere. GlossGenius is not obligated to, nor will, determine whether Taxes apply, or calculate, collect, report, or remit any Taxes to any tax authority, arising from any Transaction. We retain the right, but not the obligation, at our sole discretion, to complete and file tax or related reports with tax authorities regarding Transactions in those jurisdictions where we deem such reporting necessary. You hereby indemnify and hold all GlossGenius Entities harmless from and against all liability related to Taxes and filings made by any GlossGenius Entity in respect thereof.
You agree to receive all tax statements in an electronic format and acknowledge that paper tax statements will not be provided. We will notify you when an electronic statement is available by posting a notice in your GlossGenius account or emailing it to the email address listed in your GlossGenius account.
In the event you withdraw consent with the GlossGenius Terms of Service or these GlossGenius Payments Terms, you will receive all electronic tax-related statements for the duration of time the agreement was authorized.
1.7. Your Clients. If prohibited by law, you will not impose any fee or surcharge on a Client that seeks to use an eligible Payment Method. You will provide an informational slip or receipt to your Client after the Transaction that includes all information required under Payment Network Rules and applicable law.
1.8. Restricted Use. You are required to obey all laws, rules, and regulations applicable to your use of the GlossGenius Services. In addition to any other requirements or restrictions set forth in these GlossGenius Payments Terms, you shall not: (i) utilize the credit available on any Card to provide cash advances to cardholders; (ii) submit any Transaction for processing that does not arise from your sale of goods or service to a Client; (iii) act as a payment intermediary or aggregator or otherwise resell GlossGenius Services on behalf of any third party; (iv) send what you believe to be potentially fraudulent authorizations or fraudulent Transactions; (v) use GlossGenius Services in a manner that a Payment Network reasonably believes to be an abuse of the Payment Network or a violation of the Payment Network Rules; or, (vi) work around any of the technical limitations of GlossGenius Services or GlossGenius’s checkout, use any tool to enable features or functionalities that are otherwise disabled in GlossGenius Services, or decompile, disassemble, or otherwise reverse engineer GlossGenius Services, except to the extent that such restriction is expressly prohibited by law.
2. Processing Card Transactions & Receiving Your Funds
2.1. GlossGenius Payments Fees. You agree to pay the fees for GlossGenius Services indicated in your GlossGenius account, posted on GlossGenius’s website, or otherwise mutually agreed between you and GlossGenius, which are incorporated herein by reference (the "Processing Fees"). Processing Fees may be collected from you by the Processor on our behalf per the Processor’s terms.
Fees for GlossGenius Services are collected by GlossGenius under the GlossGenius Terms of Service (the "GlossGenius Platform Services Fees", together with the Processing Fees, “Fees”).
You are obligated to pay all applicable taxes, fees, and other charges imposed by any governmental authority, including, without limitation, any value-added tax, goods and services tax, harmonized sales tax, and/or provincial or territorial sales tax. If you are tax-exempt, you will provide us with an appropriate certificate or other evidence of tax exemption that is satisfactory to us.
In addition to the Fees, you are also responsible for any penalties and fines imposed on you or us by any bank, money services business, payment network, Processor, financial institution, or other financial intermediary resulting from your use of GlossGenius Services in a manner not permitted by these GlossGenius Payments Terms or by such financial intermediary’s rules and regulations.
2.2. Security Interest. As security for the performance of your obligations under these GlossGenius Payments Terms, you grant us a first priority lien and security interest in any funds processed using GlossGenius Services or deposited in any bank account associated with your GlossGenius Account. These security interests and liens will secure payment and performance of all of your obligations under these GlossGenius Payments Terms and any other agreements now existing or later entered into between us and you. You will execute, deliver and pay the fees for any documents we request to create, perfect, maintain, and enforce this security interest.
2.3. Our Collection Rights. To the extent permitted by law, we may collect any obligations you owe us under these GlossGenius Payments Terms by requesting that the Processor deduct the corresponding amounts from your Reserve (defined below) or from funds payable to you arising from the settlement of Transactions. Fees will be assessed at the time a Transaction is processed and will be first deducted from the funds received for such Transaction. If these amounts are not sufficient to meet your obligations to us, we may charge the payment method associated with your GlossGenius Account for any amounts owed to us. Your failure to fully pay the amounts that you owe us on demand will be a breach of these GlossGenius Payments Terms. You will be liable for our costs associated with collection in addition to the amount owed, including, without limitation, attorneys’ fees and expenses, costs of any arbitration or court proceeding, collection agency fees, and any applicable interest.
Further, we may deduct, or request that the Processor deduct, from any accounts associated with your GlossGenius Account any amounts that you owe to us under these GlossGenius Payments Terms or any other agreement you have entered into with us or our affiliates.
Additionally, we may require a personal guarantee from a principal of a business for funds owed under these GlossGenius Payments Terms. If we require a personal guarantee we will specifically inform you in advance.
In addition to the amount due, delinquent accounts may be charged with fees that are incidental to the collection of delinquent accounts and chargebacks, including, but not limited to, collection fees and convenience fees, and other third-party charges.
You hereby explicitly agree that all communication about delinquent accounts will be made by electronic mail or by phone, as provided to GlossGenius by you. Such communication may be made by GlossGenius or by anyone on its behalf, including, but not limited to, a third-party collection agent.
2.4. Reserves. Funds held in reserves are amounts of money set aside to cover chargebacks, refunds, or other payment obligations under these GlossGenius Payments Terms (“Reserve”). We, at our sole discretion, will set the terms of your Reserve and notify you of such terms, which may require that a certain amount (including the full amount) of the funds received for a Transaction are held for a period of time, or that additional amounts are held in the Reserve. We, in our sole discretion, may elect to change the terms of the Reserve at any time, for any reason.
We may require you to fund the Reserve by means of: (i) any funds payouts made or due to you for Transactions submitted to GlossGenius; or, (ii) amounts available in your bank account by means of ACH debit to your GlossGenius Account; or, (iii) other sources of funds associated with your GlossGenius Account; or, (iv) requesting that you provide funds to us for deposit to the Reserve. In accordance with the Processor’s terms you authorize us to debit your bank account without separate notice to collect amounts you owe under this Agreement.
You agree that: (i) you are not entitled to any interest or other compensation associated with the funds held in the Reserve; (ii) you have no right to the Reserve; (iii) you have no legal interest in those funds or the Reserve; and (iv) you may not assign any interest in those funds or the Reserve.
2.5. Contesting Chargebacks. You or GlossGenius may elect to contest chargebacks assessed to your GlossGenius Account. GlossGenius may provide you with assistance, including notifications and software to help contest your chargebacks. We do not assume any liability for our role or assistance in contesting chargebacks. We reserve the right, upon notice to you, to charge a fee for mediating or investigating chargeback disputes.
You permit us to share records or other information required with the cardholder, the cardholder’s financial institution, and your financial institution to help resolve any chargeback. You acknowledge that your failure to provide us with complete and accurate information promptly may result in an irreversible chargeback being assessed.
If the cardholder’s issuing bank or the Payment Network does not resolve a dispute in your favor, we may recover the chargeback amount and any associated fees from you as described in these GlossGenius Payments Terms.
We will attempt to rectify processing errors that we discover. If the error resulted in your receipt of less than the amount to which you were entitled, GlossGenius will credit your Account for the difference. If the error results in your receipt of more than the amount to which you were entitled, GlossGenius will debit the extra funds from your Account. GlossGenius will only correct transactions that you process incorrectly if and when you notify us of such an error. Your failure to notify us of a processing error within thirty days of when it first appears on your electronic transaction history will be deemed a waiver of any right to amounts owed to you.
3. Termination & Other General Legal Terms
3.1 Term. These GlossGenius Payments Terms are effective upon the date you agree to them and continue so long as you use GlossGenius Services or until terminated by you or GlossGenius.
3.2. Termination. You may terminate these GlossGenius Payments Terms by closing your GlossGenius Account at any time. We may terminate these GlossGenius Payments Terms and close your GlossGenius Account as set forth in the GlossGenius Terms of Service.
If the Processor terminates the Processor’s terms or indicates its intention to do so, or if you elect to cease processing with such Processor, we have the right, but not the obligation, to offer you a substitute payment processor that is integrated with your GlossGenius Account. Upon your acceptance of the terms of service of any such substitute payment processor, they shall be deemed to have replaced the Processor contemplated herein, provided that your liabilities to the Processor herein shall not be diminished on account of accepting the terms of the substitute payment processor.
3.3. Right to Amend. We have the right to change or add to the terms of these GlossGenius Payments Terms at any time, and to change, delete, discontinue, or impose conditions on any feature or aspect of GlossGenius Services or software with notice that we in our sole discretion deem to be reasonable in the circumstances, including such notice in your GlossGenius Account, or any other website maintained or owned by us for the purposes of providing services in terms of GlossGenius Services. Any use of GlossGenius Services after our publication of any such changes shall constitute your acceptance of these GlossGenius Payments Terms as modified.