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Amazon Payments, Inc. Customer Agreement
Amazon Payments, Inc. Customer Agreement
Updated May 7, 2014
Your use of Amazon Payments through October 12, 2014 is subject to these Terms and Conditions.
By registering for one or more accounts or using the products and services (collectively, the "Service") provided by Amazon Payments, Inc. ("we" "us" or "our"), the applicant (if registering as an individual) or the business employing the applicant (if registering as a business) ("you" or "your") accepts this agreement (the "Agreement"). You may not use or access the Service unless you agree to this Agreement.
Updated September 9, 2014, and effective as of October 13, 2014
By registering for one or more accounts or using the products and services (collectively, the "Service") provided by Amazon Payments,Inc. ("we" "us" or "our"), the applicant (if registering as anindividual) or the business employing the applicant (if registering as abusiness) ("you" or "your") accepts this agreement (the "Agreement"). You may not use or access the Service unless you agree to this Agreement.
General Terms
General Terms
1. Application; Policies and Specific Terms; Precedence
Application; Policies and Specific Terms; Precedence
1.1 Application of Agreement. This Agreement applies whether (a) you access the Service using any service, website or application (collectively, "Application") of a third party or one owned or controlled by us or any entity controlled by, in control of, or under common control with us (an "Affiliate"), or (b) you send or receive payments or you initiate payments on behalf of other customers through an Application.
1.1 Application of Agreement. This Agreement applies whether (a) you access the Service using any service, website or application (collectively, "Application") of a third party or one owned or controlled by us or any entity controlled by, in control of, or under common control with us (an "Affiliate"), or (b) you make or accept payments or you initiate payments on behalf of other customers through an Application.
1.2 Agreement Structure. This Agreement incorporates, and you accept and agree to, the following: (a) Section 1 through Section 11 of these terms (the "General Terms"), (b) the policies, notices, procedures, Specifications (described below), FAQs, guides, and guidelines that are provided or made available to you, appear on our website located at www.amazonpayments.com (such site, and any successor site, the "Site") or the websites for sellers located at https://sellercentral.amazon.com/ (such site, and any successor site, "Seller Central") or are referenced in this Agreement (collectively, the "Policies"), and (c) the specific account terms that apply to the accounts available through the Service (the "Specific Terms").
1.2 Agreement Structure. This Agreement incorporates, and you accept and agree to, the following: (a) Section 1 through Section 11 of these terms (the "General Terms"), (b) the policies, notices, procedures, Specifications (described below), FAQs, guides, and guidelines that are provided or made available to you, appear on our website located at www.amazonpayments.com (such site, and any successor site, the "Site") or the websites for sellers located at https://sellercentral.amazon.com/ (such site, and any successor site, "Seller Central") or are referenced in this Agreement (collectively, the "Policies"), and (c) the specific account terms that apply to the accounts available through the Service (the "Specific Terms").
1.3 Precedence. In the event of any conflicts between the Policies and these General Terms or the Specific Terms, the General Terms or Specific Terms will prevail unless a Policy expressly states that it supersedes the General Terms or the Specific Terms. In the event of any conflict between the General Terms and the Specific Terms, the Specific Terms will prevail.
1.3 Precedence. In the event of any conflicts between the Policies and these General Terms or the Specific Terms, the General Terms or Specific Terms will prevail unless a Policy expressly states that it supersedes the General Terms or the Specific Terms. In the event of any conflict between the General Terms and the Specific Terms, the Specific Terms will prevail.
1.4 Amendment. We may modify this Agreement, the Specifications, the Amazon Payments Materials (described below), or the Service at any time. We will post any modification to this Agreement to the Site. Except as specified in the Specific Terms, the modification will become effective upon the earlier of posting it to our Site or otherwise communicating it to you, and you will be deemed to accept the modification if you use the Site or the Service after it has been posted. If you do not accept a change to this this Agreement, the Specifications, the Amazon Payments Materials, or the Service, your sole remedy is to contact us and close your account. Except as expressly provided above, no modification or amendment of this Agreement will be binding on us unless set forth in a writing signed by us.
1.4 Amendment. We may modify this Agreement, the Specifications, the Policies, the Amazon Payments Materials (described below), or the Service at any time. We will post any modification to this Agreement to the Site. Except as specified in the Specific Terms, the modification will become effective upon the earlier of posting it to our Site or otherwise communicating it to you, and you will be deemed to accept the modification if you use the Site or the Service after it has been posted. If you do not accept a change to this Agreement, the Specifications, the Amazon Payments Materials, or the Service, your sole remedy is to contact us and close your account. Except as expressly provided above, no modification or amendment of this Agreement will be binding on us unless set forth in a writing signed by us.
2. Registration
Registration
2.1 Eligibility. To use the Service, (a) you must have an e-mail account and create a payment account with us (a "Payment Account") by providing complete and accurate registration information, (b) if the applicant is registering as an individual, the applicant must be at least 18 years old, or if the applicant is registering on behalf of a business, the applicant must be duly authorized to enter into this Agreement on behalf of the business, and (c) you must be (i) a permanent U.S. resident (which does not include holders of U.S. visas), (ii) a U.S. citizen, or (iii) a business entity authorized to do business and having a physical presence in the United States. However, you may open a Personal Account with limited functionality even if you are not a permanent U.S. resident (which does not include holders of U.S. visas) or a U.S. citizen. We may refuse at any time and for any reason to provide the Service to anyone.
2.1 Eligibility. To use the Service, (a) you must have a valid e-mail address and create a payment account with us (a "Payment Account") by providing complete and accurate registration information, (b) if the applicant is registering as an individual, the applicant must be atleast 18 years old, or if the applicant is registering on behalf of abusiness, the applicant must be duly authorized to enter into this Agreement on behalf of the business, and (c) you must be (i) a permanent U.S. resident (which does not include holders of U.S. visas), (ii) a U.S. citizen, or (iii) a business entity authorized to do business and having a physical presence in the United States. However, you may open aPersonal Account with limited functionality even if you are not a permanent U.S. resident (which does not include holders of U.S. visas) or a U.S. citizen. We may refuse at any time and for any reason toprovide the Service to anyone.
2.2 Creating Accounts. Your Payment Account is linked to your Amazon Account (described below). To create a new Payment Account, you must register using your existing Amazon Account or complete the registration process for new users by entering all required information. If you register using your Amazon Account, the information in your Amazon Account will be used to complete the registration information for your Payment Account. You may be required to provide additional information. If you do not have an existing Amazon Account when you register for the Service, a new Amazon Account will be automatically and concurrently established in your name with the same e-mail address and password you provide to us. An "Amazon Account" is any customer account (a) that you have established with certain websites owned or controlled by Affiliates of Amazon.com, Inc. or operated by Affiliates of Amazon.com, Inc. on behalf of third parties (the "Amazon Network Sites"), and (b) whose username, password, or other login credentials permit access to the Amazon Network Sites.
2.2 Creating Accounts. Your Payment Account is linked to your Amazon Account (described below). To create a new Payment Account, you must register using your existing Amazon Account or complete the registration process for new users by entering all required information. If you register using your Amazon Account, the information in your Amazon Account will be used to complete the registration information for your Payment Account. You may be required to provide additional information. If you do not have an existing Amazon Account when you register for the Service, a new Amazon Account will be automatically and concurrently established in your name with the same e-mail address and password you provide to us. An "Amazon Account" is any customer account (a) that you have established with certain websites owned or controlled by Affiliates of Amazon.com, Inc. or operated by Affiliates of Amazon.com, Inc. on behalf of third parties(the "Amazon Network Sites"), and (b) whose username, password, or other login credentials permit access to the Amazon Network Sites.
2.3 Verification. We may at any time require you to provide information to verify your identity before we permit you to access some or all of the features of the Service. That information may include without limitation your social security number or employer identification number, a valid U.S. credit card, a valid checking, savings or other ACH-enabled bank account at a financial institution in the United States that has been verified by the process outlined on our Site (your "Bank Account"), or other financial, business or personal information. We may make, directly or through third parties, inquiries to validate information that you provide to us. You authorize us to obtain from time to time one or more of your consumer credit reports to establish, update, or renew your Payment Account with us or in the event of a dispute relating to this Agreement or the activity under your Payment Account. You are solely responsible for taking appropriate steps to verify the identity of other users of the Service with whom you transact. You must update all Payment Account information promptly upon any change.
2.3 Verification. We may at any time requireyou to provide information to verify your identity before we permit youto access some or all of the features of the Service. That informationmay include without limitation your social security number or employeridentification number, a valid U.S. credit card, a valid checking,savings or other ACH-enabled bank account at a financial institution inthe United States that has been verified by the process outlined on ourSite (your "Bank Account"), or other financial,business or personal information. We may make, directly or through thirdparties, inquiries to validate information that you provide to us. You authorize us to obtain from time to time one or more of your consumer credit reports to establish, update, or renew your Payment Account with us or in the event of a dispute relating to this Agreement or the activity under your Payment Account. You are solely responsible for taking appropriate steps to verify the identity of other users of theService with whom you transact. You must update all Payment Account information promptly upon any change.
2.4 Your E-mail Address. Your e-mail address and a password that you select will be used to access the Site and, if applicable, Seller Central and for communications with you (as further described in Section 11.1). You may be required to verify your e-mail address depending on features of the Service that you would like to use. You also may be prompted to answer several security questions or be issued access keys or credentials that may be used to enable access to the Service and authorize transactions. Your password and access keys or credentials are your "Credentials." You are responsible for maintaining the secrecy and security of your Credentials and for any use of or action taken under your Credentials. You should not disclose your Credentials to any third party (other than third parties authorized by you to use your account). If your Credentials are compromised, you must change your Credentials immediately and notify us immediately.
2.4 Your E-mail Address. Your e-mail address and a password that you select will be used to access the Site and, if applicable, Seller Central and for communications with you (as furtherdescribed in Section 11.1). You may be required to verify your e-mailaddress depending on features of the Service that you would like to use.You also may be prompted to answer several security questions or be issued access keys or credentials that may be used to enable access to the Service and authorize transactions. Your password and access keys or credentials are your "Credentials." You areresponsible for maintaining the secrecy and security of your Credentialsand for any use of or action taken under your Credentials. You shouldnot disclose your Credentials to any third party (other than thirdparties authorized by you to use your account). If your Credentials arecompromised, you must change your Credentials immediately and notify us immediately.
3. Your Payment Account
Your Payment Account
3.1 Account Types. Three types of Payment Accounts are available through the Service: Personal Accounts, Business Accounts, and Seller Accounts. Specific Terms applicable to each of these Payment Accounts are provided in addition to these General Terms.
3.1 Account Types. Three types of PaymentAccounts are available through the Service: Personal Accounts, Business Accounts, and Seller Accounts. Specific Terms applicable to each of these Payment Accounts are provided in addition to these General Terms.
3.2 Account Balances. If you are a permanent U.S. resident (which does not include holders of U.S. visas), a U.S. citizen, or a business entity authorized to do business and having a physical presence in the United States, you may hold monetary balances that you load or receive from other users in your Payment Account (your "Balance") subject to the terms of this Agreement. You are not required to maintain a Balance to use the Service. Any Balance you carry will represent an unsecured claim against us and will not be insured by the FDIC. We will combine your Balance with the funds of other users in one or more pooled bank accounts (each a "Pooled Account"). We have sole discretion over the establishment and maintenance of any Pooled Account. Prior to disbursing the funds we will invest the funds in the Pooled Accounts in liquid investments in accordance with state money transmitter laws. You will not receive interest or any other earnings on your Balance. We will not use your Balance for our corporate purposes, will not voluntarily make your Balance available to our creditors in the event of bankruptcy or for any other purpose, and will not knowingly permit our creditors to attach your Balance.
3.2 Account Balances. If you are a permanent U.S. resident (which does not include holders of U.S. visas), a U.S. citizen, or a business entity authorized to do business and having a physical presence in the United States, you may hold monetary balances in your Payment Account (your "Balance") subject to the terms of this Agreement. You are not required to maintain a Balance to use the Service. When you carry a Balance, you appoint us as your agent with respect to your Balance. Your Balance is not insured by the Federal Deposit Insurance Corporation. Prior to disbursing funds to you, we may combine your Balance with the funds of other users of the Services (or of similar services we offer), invest them, or use them for other purposes permitted by applicable laws. You will not receive interest or any other earnings on your Balance. To the extent required by applicable laws, we will not use any funds held on your behalf for our corporate purposes, will not voluntarily make such funds available to our creditors in the event of bankruptcy or for any other purpose, and will not knowingly permit our creditors to attach your Balance.
3.3 Reserve. We may require that you maintain a minimum balance in your Payment Account or establish a separate reserve account (a "Reserve") to secure the performance of your payment obligations under this Agreement. The Reserve will be in an amount we determine to cover our risk from providing the Service to you (including without limitation anticipated Chargebacks or credit risk) or the amount designated by our Processor (described below). The Reserve may be established upon your initial use of the Service and may be raised, lowered or removed from time to time. You agree that we may fund the Reserve from your Balance, funds sent by you upon our request, or funds due to you under this Agreement. You grant us a security interest in and lien on all funds held in any Reserve, and you also authorize us to make any withdrawals or debits from the Reserve, without prior notice to you, to collect amounts that you owe us, our Affiliates, or other customers. 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. You irrevocably assign to us all rights and legal interests to any interest or other earnings that accrue or are attributable to your Reserve.
3.3 Reserve. We may require that you maintain a minimum balance in your Payment Account or establish a separate reserve account (a "Reserve")to secure the performance of your payment obligations under thisAgreement. The Reserve will be in an amount we determine to cover our risk from providing the Service to you (including without limitation anticipated Chargebacks or credit risk) or the amount designated by our Processor (described below). The Reserve may be established upon your initial use of the Service and may be raised, lowered or removed from time to time. You agree that we may fund the Reserve from your Balance, funds sent by you upon our request, or funds due to you under this Agreement. You grant us a security interest in and lien on all fundsheld in any Reserve, and you also authorize us to make any withdrawalsor debits from the Reserve, without prior notice to you, to collect amounts that you owe us, our Affiliates, or other customers. 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. You irrevocablyassign to us all rights and legal interests to any interest or otherearnings that accrue or are attributable to your Reserve.
3.4 Account Limits; Availability of Funds. Your Payment Account may be subject to certain limits, which may affect your ability to send, receive, or withdraw funds. Any limits may be modified at any time. These limits may be affected by several factors, including without limitation our assessment of the risk associated with your Payment Account, the amount of pending or potential Chargebacks, the information you provide, our ability to verify your account information, and requirements of law. In addition to account limits, we may restrict transactions to or from your Payments Account or limit access to funds in your Payment Account in an amount and for a period of time we deem necessary to protect us or other users including without limitation if (a) we are subject to financial risk, (b) you have violated any term of this Agreement, (c) you have pending Chargebacks or we believe you may have Chargebacks, (d) any dispute exists involving your Payment Account or transaction conducted in connection with your Payment Account, (e) needed to protect the security of our systems, or (f) required by law or court order or if otherwise requested by law enforcement or any governmental entity. We may inspect your Payment Account for any reason.
3.4 Account Limits; Availability of Funds. Your Payment Account may be subject to certain limits, which may affect your ability to make or receive payments or to withdraw funds. Any limits may be modifiedat any time. These limits may be affected by several factors, includingwithout limitation our assessment of the risk associated with yourPayment Account, the amount of pending or potential Chargebacks, the information you provide, our ability to verify your account information, and requirements of law. In addition to account limits, we may restrict transactions to or from your Payments Account or limit access to funds in your Payment Account in an amount and for a period of time we deem necessary to protect us or other users including without limitation if (a) we are subject to financial risk, (b) you have violated any term of this Agreement, (c) you have pending Chargebacks or we believe you may have Chargebacks, (d) any dispute exists involving your Payment Account or transaction conducted in connection with your Payment Account, (e) needed to protect the security of our systems, or (f) required by law orcourt order or if otherwise requested by law enforcement or anygovernmental entity. We may inspect your Payment Account for any reason.
3.5 Buyer Dispute Program. When you sell goods or services using our Service, you will cooperate with us to resolve complaints submitted through our Buyer Dispute Program. You will respond to our inquiries and deliver to us any information requested by us regarding any disputed sales transactions within 5 business days of our request. The Buyer Dispute Program includes our "A-to-z Guarantee," which applies only to claims involving the sale of physical goods. If we receive a claim under the A-to-z Guarantee (or any substantially consistent offer) concerning one of your transactions, you will deliver to us within 5 business days with respect to the transaction: (a) proof of delivery of the goods, (b) the transaction identification number, (c) a description of the goods, (d) a copy of the receipt provided to the buyer, and (e) any other information or documents related to the transaction that we reasonably request, including without limitation evidence that the transaction was authorized. If the claim is not caused by Card (described below) fraud for which we are responsible under the Specific Terms or our failure to make the applicable transaction information available as it was received by us, or if you fail to comply with the immediately preceding sentence, then you owe us the amount of the customer purchase (including without limitation the purchase price, all associated shipping and handling charges and all taxes) and all Network (described below), bank or other payment processing, re-presentment and other fees associated with the original purchase and any Chargeback or refund. If you (as a buyer or seller) are involved in a dispute with another user involving the sale of physical goods under our A-to-z Guarantee, you release us (and our agents and employees) from any and all claims, demands, and damages (actual and consequential) in any way connected with the dispute and the transaction.
3.5 Buyer Dispute Program. When you sell goods or services using our Service, you will cooperate with us to resolve complaints submitted through our Buyer Dispute Program. You will respond to our inquiries and deliver to us any information requested by us regarding any disputed sales transactions within 5 business days of our request. The Buyer Dispute Program includes our "A-to-z Guarantee,"which applies only to claims involving the sale of physical goods. Ifwe receive a claim under the A-to-z Guarantee (or any substantiallyconsistent offer) concerning one of your transactions, you will deliverto us within 5 business days with respect to the transaction: (a) proof of delivery of the goods, (b) the transaction identification number, (c) a description of the goods, (d) a copy of the receipt providedto the buyer, and (e) any other information or documents related to the transaction that we reasonably request, including without limitation evidence that the transaction was authorized. If the claim is not caused by Card (described below) fraud for which we are responsible under the Specific Terms or our failure to make the applicable transaction information available as it was received by us, or if you fail to comply with the immediately preceding sentence, then you owe us the amount of the customer purchase (including without limitation the purchase price, all associated shipping and handlingcharges and all taxes) and all Network (described below), bank or otherpayment processing, re-presentment and other fees associated with theoriginal purchase and any Chargeback or refund. If you (as a buyer orseller) are involved in a dispute with another user involving the sale of physical goods under our A-to-z Guarantee, you release us (and our agents and employees) from any and all claims, demands, and damages(actual and consequential) in any way connected with the dispute and the transaction.
3.6 Account History. When a deposit, payment, or withdrawal is authorized to or from your Payment Account, we will update your account activity on the Site or Seller Central (as applicable) and provide you a transaction confirmation. The confirmation will serve as your receipt. Except as required by law, you are solely responsible for (a) compiling and retaining permanent records of all transactions and other data associated with your Payment Account and your use of the Service and (b) reconciling and monitoring all payment activity to and from your Payment Account and all transactional information associated with your Payment Account.
3.6 Account History. When a deposit, payment, or withdrawal is authorized to or from your Payment Account, we will update your account activity on the Site or Seller Central (as applicable) and provide you a transaction confirmation. The confirmationwill serve as your receipt. Except as required by law, you are solelyresponsible for (a) compiling and retaining permanent records of all transactions and other data associated with your Payment Account and your use of the Service and (b) reconciling and monitoring all paymentactivity to and from your Payment Account and all transactional information associated with your Payment Account.
3.7 Unauthorized Account Activity. If you believe that there is an error or unauthorized transaction or activity associated with your Payment Account, you should contact us immediately.
3.7 Unauthorized Account Activity. If you believe that there is an error or unauthorized transaction or activity associated with your Payment Account, you should contact us immediately.
3.8 Compliance with Law and Specifications. You will at all times adhere to all law applicable to your use of the Service. Without limiting the foregoing, you may not act as a payment intermediary, aggregator or service bureau or otherwise resell the Service on behalf of any third party, including without limitation the handling, processing, and transmission of funds for any third party. Please review our Acceptable Use Policy for a list of prohibited activities. You will comply with any technical and operational specifications provided or made available by us from time to time with respect to the Service (the "Specifications").
3.8 Compliance with Law and Specifications. You will at all times adhere to all law applicable to your use of the Service. Withoutlimiting the foregoing, you may not act as a payment intermediary,aggregator or service bureau or otherwise resell the Service on behalfof any third party, including without limitation the handling,processing, and transmission of funds for any third party. Please review our Acceptable Use Policyfor a list of prohibited activities. You will comply with any technicaland operational specifications provided or made available by us from time to time with respect to the Service (the "Specifications").
3.9 Dormant Accounts. If there is no activity (as determined by us) in your Payment Account for the period of time set forth in the applicable unclaimed property laws and you have a Balance or funds due to you in connection with your Seller Account ("Seller Account Funds"), we will notify you by sending an e-mail to your registered e-mail address and give you the option of keeping your Payment Account open and maintaining the Balance or Seller Account Funds or using the Balance or Seller Account Funds as permitted by this Agreement. We may also provide notice via U.S. mail. If you do not respond to our notice(s) within the time period specified in the notice(s), we will automatically close your Payment Account and send your Balance or Seller Account Funds to your state of residency, as determined from your primary address. If your address is unknown or registered in a foreign country, your funds will be sent to the state of Delaware.
3.9 Dormant Accounts. If there is no activity(as determined by us) in your Payment Account for the period of time set forth in the applicable unclaimed property laws and you have a Balance or funds due to you in connection with your Seller Account ("Seller Account Funds"), we will notify you by sending an e-mail to your registered e-mailaddress and give you the option of keeping your Payment Account open and maintaining the Balance or Seller Account Funds or using the Balance or Seller Account Funds as permitted by this Agreement. We may alsoprovide notice via U.S. mail. If you do not respond to our notice(s)within the time period specified in the notice(s), we will automatically close your Payment Account and send your Balance or Seller Account Funds to your state of residency, as determined from your primaryaddress. If your address is unknown or registered in a foreign country,your funds will be sent to the state of Delaware.
4. Your Payment Transactions
Your Payment Transactions
4.1 Our Role. Except for our limited role in processing payments that you authorize or initiate, we are not involved in any underlying transaction between you, any other user, or any service providers enrolled in the Amazon Flexible Payments Service ("Provider"). We are not a bank and do not offer banking services. We may use the services of one or more third parties to provide the Service and process your transactions (each a "Processor"). Except for qualifying transactions under our Payment Protection Policy described in the Specific Terms for Seller Accounts and Business Accounts, we do not guaranty payment on behalf of any user. We are not a selling agent in connection with any sale by you of goods or services to any person. We have no control over the quality, fitness, safety, reliability, legality, or any other aspect of any good or service that you may purchase or sell using the Service or any Provider's Application that you may use to access the Service.
4.1 Our Role. Except for our limited role inprocessing payments that you authorize or initiate, we are not involvedin any underlying transaction between you, any other user, or anyservice providers enrolled in the Amazon Flexible Payments Service ("Provider").We are not a bank and do not offer banking services. We may use the services of one or more third parties to provide the Service and process your transactions (each a "Processor"). Except for qualifying transactions under our Payment Protection Policy described in the Specific Terms for Seller Accounts and Business Accounts, we do not guarantee payment on behalf of any user. We are not a selling agent in connection with any sale or purchase by you of goods or services to any person. We have no control over the quality, fitness,safety, reliability, legality, or any other aspect of any good or service that you may purchase or sell using the Service or any Provider's Application that you may use to access the Service.
4.2 Your Authorization. You authorize us to hold, receive and disburse funds in accordance with your payment instructions, whether provided to us directly or through a Provider's Application, and whether to us in our own capacity or in our capacity as payment processor acting on behalf of sellers of goods or services and other third parties that have appointed us as agent for the limited purpose of receiving payments. Your authorization permits us (a) to debit or credit your Balance, a Bank Account, any credit card, debit card, or other payment cards that we accept ("Cards"), or any other payment method we accept, or (b) to process payment transactions that you authorize by generating a paper draft or an electronic funds transfer. When you instruct us to pay a user, you authorize and order us to commit your payment (less any applicable fees or other amounts we may collect under this Agreement) to that user. We may limit the recipient's ability to use or withdraw the committed funds for a period of time we have agreed with the recipient. Your authorizations will remain in full force and effect while you maintain your Payment Account with us and for any Bank Account.
4.2 Your Authorization. You authorize us to hold, receive and disburse funds in accordance with your payment instructions, whether provided to us directly or through a Provider's Application, and whether to us in our own capacity or in our capacity as payment processor acting on behalf of sellers of goods or services and other third parties that have appointed us as agent for the limited purpose of receiving payments. Your authorization permits us (a) to debit or credit your Balance, a Bank Account, any credit card, debit card, or other payment cards that we accept ("Cards"), or any other payment method we accept, or (b) to process payment transactions that you authorize by generating a paper draft or an electronic funds transfer. When you instruct us to pay a user, you authorize and order us to commit your payment (less any applicable fees or other amounts we may collect under this Agreement) to that user. We may limit the recipient's ability to use or withdraw the committed funds for a period of time we have agreed with the recipient. Your authorizations will remain in full force and effect while you maintain your Payment Account with us and for any Bank Account.
4.3 Transaction Limits. We may delay, suspend or reject a transaction for any Payment Account for any reason, including without limitation if we suspect the transaction subjects us to financial or security risk or is unauthorized, fraudulent, suspicious, unlawful, in violation of the terms of this Agreement, subject to dispute (including without limitation a dispute under our Buyer Dispute Program) or Chargeback, or otherwise unusual.
4.3 Transaction Limits. We may delay, suspendor reject a transaction for any Payment Account for any reason,including without limitation if we suspect the transaction subjects usto financial or security risk or is unauthorized, fraudulent, suspicious, unlawful, in violation of the terms of this Agreement, subject to dispute (including without limitation a dispute under our Buyer Dispute Program) or Chargeback, or otherwise unusual.
4.4 Chargebacks. The amount of a transaction may be charged back or reversed to your Payment Account (a "Chargeback") if the transaction (a) is disputed by the sender, (b) is reversed for any reason, (c) was not authorized or we have any reason to believe that the transaction was not authorized, or (d) is allegedly unlawful, suspicious, or in violation of the terms of this Agreement. You owe us and will immediately pay us the amount of any Chargeback and any associated fees, fines, or penalties listed in the Fee Schedule or assessed by our Processor, processing financial institutions, or MasterCard, Visa, American Express, Discover, and other payment card networks, associations, or companies ("Networks"). You agree to assist us when requested, at your expense, to investigate any of your transactions processed through the Service. For Chargebacks associated with Cards, we will work with you to contest the Chargeback with the Network or issuing banks should you choose to contest the Chargeback. We will request necessary information from you to contest the Chargeback. Your failure to timely assist us in investigating a transaction, including without limitation providing necessary documentation within 5 days of our request, may result in an irreversible Chargeback.
4.4 Chargebacks. The amount of a transaction may be charged back or reversed to your Payment Account (a "Chargeback")if the transaction (a) is disputed by the sender, (b) is reversed for any reason, (c) was not authorized or we have any reason to believe that the transaction was not authorized, or (d) is allegedly unlawful, suspicious, or in violation of the terms of this Agreement. You owe us and will immediately pay us the amount of any Chargeback and any associated fees, fines, or penalties listed in the Fee Schedule orassessed by our Processor, processing financial institutions, orMasterCard, Visa, American Express, Discover, and other payment cardnetworks, associations, or companies ("Networks"). Youagree to assist us when requested, at your expense, to investigate any of your transactions processed through the Service. For Chargebacks associated with Cards, we will work with you to contest the Chargebackwith the Network or issuing banks should you choose to contest the Chargeback. We will request necessary information from you to contest the Chargeback. Your failure to timely assist us in investigating a transaction, including without limitation providing necessary documentation within 5 days of our request, may result in an irreversible Chargeback.
4.5 Receiving Payments. Subject to this Agreement, we will deposit to your Payment Account the amounts actually received by us for transactions submitted through the Service (less any applicable fees or other amounts we may collect under this Agreement). Unless we, in our sole discretion, elect to deposit funds earlier, funds for any given transaction will not be deposited until we have received or sent the funds and we or the designated financial institutions have accepted the transaction or funds.
4.5 Receiving Payments. Subject to this Agreement, we will deposit to your Payment Account the amounts actually received by us for transactions submitted through the Service (less any applicable fees or other amounts we may collect under this Agreement).Unless we, in our sole discretion, elect to deposit funds earlier, funds for any given transaction will not be deposited until we have received or sent the funds and we or the designated financial institutions have accepted the transaction or funds.
5. Payment Terms
Payment Terms
5.1 Our Fees. You agree to pay the applicable fees listed on our Fee Schedule ("Fees") whenever you use our Service. We reserve the right to change our Fees at any time, including without limitation if we determine you are incurring excessive Chargebacks. All Balances and all fees, charges, and payments collected or paid through the Service are denominated in U.S. currency. All Fees are charged at the time we process a transaction.
5.1 Our Fees. You agree to pay the applicable fees listed on our Fee Schedule ("Fees")whenever you use our Service. We reserve the right to change our Fees at any time, including without limitation if we determine you are incurring excessive Chargebacks. All Balances and all fees, charges, andpayments collected or paid through the Service are denominated in U.S.currency. All Fees are charged at the time we process a transaction.
5.2 Set-off and Collection Rights. Without limiting our other rights, we may set-off or deduct any amount you owe us or our Affiliates from your Balance, any proceeds due to you, your Bank Account, and/or other payment instrument registered with us. If we are unable or do not wish in our sole discretion to set-off any amount you owe us or our Affiliates, you will immediately pay us, upon demand, such amount. You also agree to pay all costs and expenses associated with collection in addition to the amount collected, including without limitation any applicable interest, attorneys' fees, court costs, collection agency fees, and other legal expenses.
5.2 Set-off and Collection Rights. Withoutlimiting our other rights, we may set-off or deduct any amount you owe us or our Affiliates from your Balance, any proceeds due to you, your Bank Account, and/or other payment instrument registered with us. If we are unable or do not wish in our sole discretion to set-off any amount you owe us or our Affiliates, you will immediately pay us, upon demand,such amount. You also agree to pay all costs and expenses associated with collection in addition to the amount collected, including without limitation any applicable interest, attorneys' fees, court costs, collection agency fees, and other legal expenses.
5.3 Processing Errors. If there is an error in the processing of any transaction, you authorize us to debit or credit your Payment Account or Bank Account, as applicable, to correct such error. If we are unable to debit the Bank Account you select for any reason, you authorize us to resubmit the debit, plus any applicable fees, to any other Bank Account or payment instrument that you have on file with us.
5.3 Processing Errors. If there is an error in the processing of any transaction, you authorize us to debit or credit your Payment Account or Bank Account, as applicable, to correct such error. If we are unable to debit the Bank Account you select for anyreason, you authorize us to resubmit the debit, plus any applicable fees, to any other Bank Account or payment instrument that you have on file with us.
5.4 Taxes. You are responsible for determining any and all taxes and duties assessed, incurred, or required to be collected, paid, or withheld for any reason in connection with any request for or performance of the Service, your use of the Site or Seller Central, the sale or purchase of any products or services for a transaction, or otherwise in connection with any action, inaction, or omission by you or any affiliate of yours, or any of your or their respective employees, agents, contractors, or representatives ("Taxes"). You also are responsible for collecting, withholding, reporting, and remitting correct Taxes to the appropriate tax authority. We may provide you a means for you to determine and apply taxes to your transactions, but we and our Affiliates are not obligated to determine whether Taxes apply and are not responsible for calculating, collecting, reporting, or remitting any Taxes to any tax authority arising from any transaction. Information about you and your transactions using the Service may be reported to the Internal Revenue Service as provided in our policy on IRS Reporting Regulations on Third-Party Payment Transactions.
5.4 Taxes. You are responsible for determiningany and all taxes and duties assessed, incurred, or required to becollected, paid, or withheld for any reason in connection with any request for or performance of the Service, your use of the Site or Seller Central, the sale or purchase of any products or services for a transaction, or otherwise in connection with any action, inaction, oromission by you or any affiliate of yours, or any of your or theirrespective employees, agents, contractors, or representatives ("Taxes").You also are responsible for collecting, withholding, reporting, andremitting correct Taxes to the appropriate tax authority. We may provide you a means for you to determine and apply taxes to your transactions, but we and our Affiliates are not obligated to determine whether taxes apply and are not responsible for calculating, collecting, reporting, or remitting any taxes to any tax authority arising from any transaction. Information about you and your transactions using the Service may be reported to the Internal Revenue Service (“IRS”) as provided in our policy on IRS Reporting Regulations on Third-Party Payment Transactions.
6. Term and Termination
Term and Termination
6.1 Your Rights. Unless otherwise agreed in writing by you, you may terminate this Agreement by closing your Payment Account at any time. You may not close your Payment Account as a means of evading withdrawal restrictions.
6.1 Your Rights. Unless otherwise agreed inwriting by you, you may terminate this Agreement by closing your Payment Account at any time. You may not close your Payment Account as a means of evading withdrawal restrictions.
6.2 Suspension or Termination by Us. We may suspend this Agreement or terminate this Agreement and close your Payment Account for any reason at any time upon notice to you.
6.2 Suspension or Termination by Us. We may suspend this Agreement or terminate this Agreement and close your Payment Account for any reason at any time upon notice to you.
6.3 Effect of Termination. We will not be liable to you for compensation, reimbursement, or damages of any kind in connection with any termination or suspension of the Service. Upon termination of this Agreement for any reason: (a) we may elect to cancel any pending transactions, (b) you will remain liable for all fees, charges, and other payment obligations that have been incurred through the date of termination, (c) subject to the terms of this Agreement, any funds that we are holding in custody for you at the time of termination, less any amounts you owe us, may be withdrawn if all withdrawal-related authentication requirements have been fulfilled, (d) all license or other rights granted to either party under this Agreement will immediately terminate, (e) you will return or destroy and cease use of all Amazon Payments Materials and Trademarks (described below), and (f) your access to the Site and Seller Central will be terminated, and we will have no obligation to you t
6.3 Effect of Termination. We will not beliable to you for compensation, reimbursement, or damages of any kind inconnection with any termination or suspension of the Service. Upontermination of this Agreement for any reason: (a) we may elect to cancel any pending transactions, (b) you will remain liable for all fees, charges, and other payment obligations that have been incurred through the date of termination, (c) subject to the terms of this Agreement, any funds that we are holding in custody for you at the time oftermination, less any amounts you owe us, may be withdrawn if allwithdrawal-related authentication requirements have been fulfilled, (d) all license or other rights granted to either party under this Agreement will immediately terminate, (e) you will return or destroy and cease use of all Amazon Payments Materials and Trademarks (described below), and (f) your access to the Site and Seller Central will be terminated,and we will have no obligation to you to store, retain, report, orotherwise provide any copies of, or access to, any records, documents or