1. Statement of Services
Sellers ("user," "you" or "your") use PetPay, Inc. ("PetPay", "we," "our" or "us") to facilitate the payments for sale of goods, animals and services related to the sale/adoption of pets ("Service"). PetPay assumes no responsibility for goods, animals or services purchased by Buyers and offered for sale by Seller. PetPay allows you to accept credit cards and receive payment directly to your PetPay account with withdrawals to your bank account.
By using PetPay to sell your goods, animals or services, you consent to this entire agreement between you and PetPay.
For payments by credit card, ACH, bank transfer, PetPay initiates the payment process by providing information to a processor that sends it to a bank that is a member of Visa U.S.A., Inc., Visa International ("Visa"), MasterCard International Incorporated ("MasterCard"), American Express Travel Related Services Company Inc. ("American Express"), or other payment card networks, association, or companies (collectively, the "Networks"). The processor and member bank are referred to collectively as the "Bank". The Bank is obligated to pay Seller's under both (a) the provisions of its agreement with PetPay, and (b) the by-laws, operating regulations and all other rules, policies and procedures of the Networks as in effect from time to time (the "Operating Regulations"), that make the Bank responsible for settling transactions. For payments by bank transfer, PetPay initiates the payment process by providing information to the Bank through the National Automated Clearing House ("ACH").
Sellers must register with PetPay. To register, a Seller provides information (section 3 below) in order to create an account ("Account"). You are responsible for maintaining the secrecy and security of your Account access credentials and for any use of or action taken under them.
PetPay allows individuals, businesses, and non-profit organizations to register for PetPay if they are located in one of the 50 United States or the District of Columbia. A Seller must be either a United States citizen, a legal permanent resident of the United States, or a United States business or nonprofit organization having a physical presence in the United States and authorized to conduct business by the state in which it operates. A Seller who opens an Account must be eighteen (18) years of age or older. You may open an Account for a business or nonprofit organization only if it is legitimate and you have the authority to enter into this Agreement on its behalf. Your acceptance of this Agreement constitutes acceptance by the business or nonprofit organization.
Each Seller Account must be linked to a verified U.S. bank account
- Buyer: Person or business paying for a good, animal or service via PetPay
- Seller: Person or business listing or selling a good, animal or service.
- Transaction: Any part of the sale of a good, animal or service. Including:
- Purchase: A Buyer paying for the good, animal or service listed on PetPay,
- Fulfillment: The Seller delivers said good, animal or service according to PetPay requirements and individual Seller policies.
- Settlement/Merchant Settlement: Following order confirmation and instructions. Seller receives funds for the sale after funds have cleared and vetted by PetPay.
- Card Network/Card Brand: Networks that power credit card transactions. These include Visa, MasterCard, American Express and Discover.
- Cardholder: Buyer purchasing a good, animal or service using a credit card or debit card.
- Third Party Service Provider: A separate business working with PetPay and/or Seller to facilitate you receiving money as well as preventing fraud and non-compliance.
3. Required Information
For Sellers to sell and receive payments on PetPay, PetPay is required to validate your identity with Third Party Service Providers. Identity verifcation is extended to an analysis of social profiles (re: as Facebook, Twitter and Google), 3rd party references from Social connections, Phone number and email verification, and a credit check. You will, at minimum, be asked for the following information:
- Full legal name
- Email Address
- Current address
- Month and year of birth
- Social Security Number
- Drivers License
If you are operating a registered business (LLC, S Corp, C Corp, LLP, LP, etc.) you will also need to provide your
- Full business name
- Business address
- Business EIN
- Business phone
For this purpose, PetPay may also provide any other relevant information that it has obtained from you.
By accepting this agreement you authorize PetPay to share, retrieve and verify information about you through properly vetted Third Party Service Providers to the extent required to provide payment services to you. You acknowledge that this may include history of past addresses and other data about you. We may require that your information be updated from time to time.
Note: In rare cases, the above information may not be enough to verify you. In these instances, PetPay may approach and request more information. Failure to provide this information may result in suspension or termination of Seller sales and PetPay account. You specifically authorize PetPay to request a credit report on your behalf. You must provide accurate and complete information. If we cannot verify that this information is complete and accurate, we may deny your use of our Service, or close your Account.
By entering your payment information and selling through PetPay you authorize PetPay to credit your bank account for sales made and debit your bank account for any necessary adjustments. You further authorize us to hold, receive, and disburse funds according to payment instructions as provided to us on your behalf.
5. Funds Held for the Benefit of Seller
Buyer funds received on behalf of PetPay transactions will be aggregated and held with funds belonging to other users in one or more bank accounts at the discretion of PetPay for the Seller's behalf and for the benefit of PetPay's sellers (each a "Seller Account"). PetPay maintains a ledger that properly delineates the seller for whom the funds are earmarked.
PetPay has sole discretion over the establishment and maintenance of any Seller Account. PetPay will hold such funds separate from PetPay’s corporate funds and will not use said funds for our corporate purposes, will not make these funds available to our creditors in the event of bankruptcy or for any other purpose, and will not knowingly permit our creditors to seize said funds. Seller will not receive interest or any other earnings on funds in Pooled Accounts.
Seller irrevocably assigns to us all rights and legal interests to any interest or other earnings that accrue or are attributable to any of your funds in a Pooled Account.
6. Commercial Entity Agreement
From time to time, one or more Networks may require that you enter into an additional agreement directly with one of our Payment Processing Partners or with the applicable Network. Typically this happens if your transactions exceed one hundred thousand dollars ($100,000) with respect to a particular Network on an annual basis in a given geography. If we believe that your account is likely to be subject to this additional requirement, we will provide you with a "Commercial Entity Agreement" that you must agree to in order to continue using PetPay. If you fail to accept that "Commercial Entity Agreement," we may suspend or terminate your account.
7. Prohibited Transactions
Seller agrees to not accept payments in connection with any product and/or service not related to the adoption/sale of an animal. All other business activities or business practices or business types are strictly forbidden.
PetPay reserves the right to delay or reject a transaction, particularly if we suspect that the transaction is unauthorized or otherwise exposes PetPay to financial or security risks. At the time of sale, PetPay withholds any and all fees due to PetPay as part of the transaction then deposits the remainder of funds into Seller's account and releases such funds at PetPay's discretion. transactions are between Merchants and persons who pay them ("Purchasers"). PetPay is not a party to transactions between Buyer and Seller.
Regardless of what payment method is selected, Seller agrees to communicate a refund policy to Buyers with respect to each transaction. All refunds for transactions must be processed through PetPay, unless otherwise agreed by PetPay. Sellers can issue refunds to Buyers directly through the Services within certain windows permitted by our Payment Processing Partners. If the refund is outside such windows, then it will need to be processed manually by PetPay or Seller with consent. PetPay may determine in its discretion not to process any refunds which are manual, in which case they will be processed directly by Seller.
Regardless of what payment method is selected, all disputes regarding refunds are between Seller and it's Buyer. In the event of a dispute, PetPay may try to mediate, but ultimately it is Seller’s obligation to settle the dispute. Notwithstanding the foregoing, with respect to PetPay transactions, PetPay shall have the right to make refunds on Seller’s behalf as set forth below. Voids are free of charge and levy no additional processing fees. PetPay is charged by Networks for Refunds and such fees will be due by Seller's to PetPay. Refunds are calculated based on the Credit Card Processing Rate published in our Fees policy.
Notwithstanding the foregoing, Seller authorizes PetPay to make refunds in the following situations (i) Seller specifically authorizes the refunds at the time; (ii) PetPay believes in its discretion that specific orders should be refunded under the Seller’s posted refund policy or PetPay Policies, including without limitation, that they are required by applicable local, state, provincial, national or other law, rule or regulation or the Payment Scheme Rules; (iii) PetPay believes in its discretion that the refund request, if not granted, will lead to a chargeback that PetPay is more likely than not to lose; (iv) Seller failed to list a refund policy on the applicable event page and PetPay believes in its discretion that a refund would be reasonable under the circumstances; (v) PetPay believes in its discretion that specific orders are fraudulent (e.g., made with stolen credit cards or otherwise not bona fide transactions); or (vi) PetPay believes in its discretion that the order is a duplicate. Seller also authorizes PetPay to make refunds of any and all orders (including those for unrelated events) if (A) PetPay believes in its discretion that Seller has engaged in any fraudulent activity or made any misrepresentations; (B) PetPay believes in its discretion that there is substantial risk of nonperformance by Seller with respect to the applicable event or future events; (C) PetPay believes in its discretion that it is likely to receive complaints, refund requests, transaction reversals and/or chargebacks with respect to a substantial amount of orders; or (D) PetPay believes in its discretion that Seller is a Prohibited Seller, has used the Services to process Prohibited Transactions or that failing to make the refunds would otherwise expose PetPay to legal liability. Because all sales are ultimately made by Sellers, Seller hereby agrees to promptly and fully reimburse PetPay and its affiliates upon demand for refunds that PetPay makes pursuant to this Seller Agreement, other than to the extent that the necessity for such refunds are caused by PetPay’s negligence or willful misconduct. Seller acknowledges and agrees that chargebacks will result in losses to PetPay in excess of the amount of the underlying transaction and that by refunding transactions in advance of a chargeback PetPay is mitigating such losses and its damages with respect to Seller’s breach of this Seller Agreement.
PetPay is not responsible for determining, collecting, and remitting any taxes related to payments processed through the Service.
However, PetPay has tax reporting requirements for sellers with over 200 sales and $20,000 in sales volume. If you are one of these sellers, PetPay is required to report on a 1099-K any necessary personally identifiable information to accurately complete such form including sales information for the calendar year. If the Seller information previously provided is insufficient to satisfy these reporting requirements, Seller agrees to provide the missing information to upon PetPay’s request.
10. Chargeback Liability
The Seller is personally liable for all Chargebacks against Seller's account. The amount of a payment may be charged back to you the Seller if (a) it is disputed by a Buyer, (b) it is reversed for any reason, (c) it was not authorized or PetPay has any reason to believe that the transaction was not authorized, or (d) it is unlawful, suspicious, or in violation of the terms of this Agreement. Seller's are responsible for all chargebacks.
11. How PetPay Handles Chargebacks
You, the Seller owe us PetPay and will immediately pay us the amount of any chargeback and any associated Fees, fines, or penalties assessed by the Bank, our processor or the Networks. Every chargeback caries an additional Chargeback Fee of $25 per transaction disputed due by Seller to PetPay. If you do not have sufficient funds in your Account, PetPay will have the remedies set forth in "Our Set-off and Collection Rights" below. If you have pending chargebacks, PetPay and/or the Bank may delay payouts to you, put a hold on your account, withdrawal necessary funds from your PetPay account balance, deduct or charge the chargeback amount plus chargeback fees and processing fees of 3% to a credit card on file or bank account on file.
Further, if we, PetPay, reasonably believe that a chargeback is likely with respect to any transaction, PetPay may withhold the amount of the potential chargeback from payments otherwise due to you under this Agreement until such time that: (a) a chargeback is assessed due to a Buyer's complaint, in which case PetPay will retain and refund the funds; (b) the period of time under applicable law or regulation by which the Buyer may dispute that the transaction has expired; or (c) we determine that a chargeback on the transaction will not occur.
If we determine that you are incurring an excessive amount of Chargebacks, PetPAy or the Bank may establish controls or conditions governing your Account, including without limitation, by (a) assessing additional Fees, (b) creating a Reserve in an amount reasonably determined by us to cover anticipated chargebacks and related fees, (c) delaying payouts, and (d) terminating or suspending the Service or closing your Account.
You, the Seller agree to assist us, PetPay, when requested, at your expense, to investigate any of your transactions processed through the Service. To that end, you permit us to share information about a chargeback with the Buyer, the Buyer'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. If the chargeback is contested successfully, we will release the reserved funds to you less a per transaction chargeback fee of $25. If a chargeback dispute is not resolved in your favor by the Networks or issuing bank or you choose not to contest the chargeback, we may recover the chargeback amount and any associated fees as described in this Agreement. You acknowledge that your failure to assist us in a timely manner when investigating a transaction, including providing necessary documentation within seven (7) 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.
12. Set-off and Collection Rights
To the extent permitted by law, the Bank or PetPay may set off any obligation you owe us under this Agreement (including chargebacks and fees) against any credit in your Account or against any amounts due to you. All Fees are deducted first from the transferred or collected funds and thereafter from your Account. If you do not have sufficient funds, PetPay or the Bank may collect from any funding source associated with your Account, or from any other Account under your control, or from any funding source associated with such other Account, including but not limited to any funds (a) deposited by you, (b) due to you under this Agreement, or (c) available in your bank account, or other payment instrument registered with the Bank. Your failure to pay in full amounts that you owe us on demand will be a breach of this Agreement. You will be personally liable for our costs associated with collection in addition to the amount owed, including without limitation attorneys' fees and expenses, collection agency fees, and interest at the lesser of one-and-one-half percent (1-1/2%) per month or the highest rate permitted by law. In its discretion, PetPay may make appropriate reports to credit reporting agencies and law enforcement authorities, and cooperate with them in any resulting investigation or prosecution. You hereby expressly agree that all communication in relation to delinquent accounts will be made by electronic mail or by phone, as provided by you to PetPay. Such communication may be made by PetPay or by anyone on its behalf, including but not limited to a third party collection agent.
At any time and from time to time, PetPay, or the Bank may temporarily suspend or delay payments to you and/or designate an amount of funds that PetPay, or the Bank must maintain in your Account ("Reserve") to secure the performance of your payment obligations under this Agreement. We may require a Reserve for any reason, including high chargeback risk or indications of performance problems related to your use of the Service.
The Reserve will be in an amount as reasonably determined by us to cover anticipated chargebacks, returns, unshipped merchandise and/or unfulfilled services or credit risk based on your processing history or such amount designated by our processor. The Reserve may be raised, reduced or removed at any time by PetPay, in its sole discretion, based on your payment history, a credit review, the amount of any arbitration award or court judgment against you in PetPay's favor, or otherwise as PetPay or its processor or the Bank may determine or require. If you do not have sufficient funds in your Reserve, the Bank may fund the Reserve from any funding source associated with your Account, or from any other Account under your control or any funding source associated with such other Account, including but not limited to any funds (a) credited to your Account, (b) due to you under this Agreement, or (c) available in your 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, without prior notice to you, to collect amounts that you owe us under this Agreement, including without limitation for any reversals of deposits or transfers made to your Account. 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; however, it does not apply to any funds for which the grant of a security interest would be prohibited by law. You irrevocably assign to us all rights and legal interests to any interest or other earnings that accrue or are attributable to your Reserve.
You are not required to have a credit in your Account in order to use the Service. When you have a credit, your funds will be co-mingled and held by the Bank with other Sellers' funds in one or more pooled accounts at the Bank that are established in the Bank's name for the benefit of you and other users. The Bank, and PetPay has sole discretion over the establishment and maintenance of any pooled account. PetPay has no ownership or control, and no right, title or interest in any account in which Sellers funds are held.
If your Account is negative for an extended period of time (as defined by PetPay in its sole discretion), the Bank or PetPay may close your Account and we may pursue legal action or other collection efforts.
15. Dormant Accounts
If there is no activity in your Account (including access or payment transactions) for the period of time set forth in the applicable unclaimed property laws, and you have a credit, we may notify you by sending an email to your registered email address. We may also notify you by U.S. mail. We will give you the option of keeping your Account open, withdrawing the funds, or requesting a check. If you do not respond to our notice within the time period specified in the notice, we may close your Account and the Bank will escheat your funds in accordance with applicable law.
16. Receipts and Account Reconciliation
When Seller receives a payment, we will update Seller's Account and provide a transaction confirmation on our Website. This confirmation will serve as your receipt. Summaries of your Account activity are available on our Website. You should make archival copies of your PetPay Account data regularly. Except as required by law, you are solely responsible for (a) compiling and retaining permanent records of all transactions and other data, and (b) reconciling all transaction information that is associated with your PetPay Account. If you believe that there is an error or unauthorized transaction activity associated with your PetPay Account, please contact Customer Support immediately.
If you make a subscription payment, you will receive an email confirmation. Alternatively, if you have an Account, you may log in at any time to terminate subscription payments.
We will attempt to correct processing errors that we discover by instructing the Bank to debit or credit your Account. PetPay will only correct transactions that are processed incorrectly if and when you notify us of such an error in a timely fashion
17. Payout Schedule
PetPay will transfer funds to the Seller's bank account according to the schedule the Seller selects (daily, weekly, or monthly). Seller's may request ad-hoc settlement at any time, by ACH transfer or by paper check. Regardless of the payout schedule selected by the Seller, PetPay will transfer funds subject to any "Reserve" imposed under Section 13 above. If the Bank cannot transfer the funds to the Seller's bank account (due to inaccurate or obsolete bank account information entered by the Seller, or for any other reason), PetPay may refund the funds to the Buyer or escheat them pursuant to Section 15 above. Nether the Bank, PetPay, nor the Purchaser will have any liablity to Seller for funds so refunded.
18. Underwriting and Sharing Information
We may share some or all of the information about your and your transactions with our processor, the Card Networks, and our other partners (and their respective affiliates, agents, subcontractors, and employees), who may use this information to perform their obligations under their agreements with PetPay, to operate and promote their respective networks, to perform analytics and create reports, to prevent fraud, and for any other lawful purpose. American Express and other Networks may use your name, address, and website address (URL) in any media form time to time. At any time, PetPay, its processor or its other partners may conclude that you will not be permitted to use PetPay.
You agree that PetPay is permitted to contact and share information about you and your Account with banks and other financial institutions. This includes sharing information (a) about your transactions for regulatory or compliance purposes, (b) for use in connection with the management and maintenance of the Service, (c) to create and update their customer records about you and to assist them in better serving you, and (d) to conduct PetPay's risk management process.
PetPay will conduct a full risk assessment of you and/or your business by conducting a credit check and will use any and all information collected or found online to base a decision on your acceptance into the Program.
19. Regulatory Compliance
The Federal Animal Welfare Act (AWA) and accompanying U.S. Department of Agriculture (USDA) regulations set minimum standards for pet breeders. Seller's agree to abide and comply with the standards of care and licensing outlined in federal regulations for AWA. Seller warrants that (a) it has obtained all licenses, permits and similar approvals required to breed animals (if applicable) and (b) the sale (purchase by Buyer) shall be in compliance with applicable local, state and federal laws, rules, regulations, ordinances and directives. If Seller does not have legal authority to sell to Buyer and/or loses legal authority to do business during execution of the terms of any purchase or does not meet all requirements by regulatory agencies, then Seller will bare all expenses and damages to Buyer resulting from fraudulent representation of said legal status. If applicable, Seller shall, at its sole cost and expense, obtain and maintain any and all licenses, permits and registrations required surrounding the breeding and sale and/or adoption of pets.
20. Customer Service Provided by Sellers
Seller's are solely responsible for all customer service issues relating to your goods, animals or services, including pricing, order fulfillment, order cancellation by you or the Buyer, 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 PetPay. You will cooperate with PetPay to assure that Buyers have access to clear customer service information, including an active customer service email address and telephone number.
21. Cardholder Data Security
PetPay does not store or receive any sensitive card holder data such as credit card number or cvv. Cardholder data is tokenized by our Payment Gateway partner.
22. Personal Guarantor
In exchange for PetPay, Inc. (the Guaranteed Party) acceptance of, as applicable, the Agreement, and/or the Seller Agreement, the undersigned, jointly and severally, unconditionally and irrevocably, guarantees the full and faithful performance and payment by Sellers of each of its duties and obligations under the foregoing agreements, as applicable, as they now exist or as modified from time to time, whether before or after termination or expiration of such agreements and whether or not the undersigned has received notice of any amendments of such agreements. The undersigned waives notice of default by Seller and agrees to indemnify the Guaranteed Party for any and all amounts due from Seller under the foregoing agreements. The Guaranteed Party shall not be required to first proceed against Seller to enforce any remedy before proceeding against the undersigned. This guarantee will not be discharged or affected by Sellers death, will bind all Sellers heirs, administrators, representatives and assigns and may be enforced by or for the benefit of any successor of the Guaranteed Party. This is a continuing personal guaranty and shall not be discharged or affected for any reason. The undersigned understands that this is a Personal Guaranty of payment and not of collection and that the Guaranteed Party are relying upon this Personal Guaranty in entering into the foregoing agreements, as applicable.
Guarantor authorizes the Guaranteed Party to investigate and confirm, through credit bureau/reporting agencies or its own agents, personal information pertaining to Guarantor in order to determine Guarantor's credit worthiness to guarantee Sellers obligations and to pay the same if necessary. This is a continuing authorization.