Merchant Services Agreement
This Agreement applies to your use of our merchant services (credit card processing) and any related products and services (collectively the "Service"). This Agreement affects your rights and you should read it carefully.
In this Agreement, "you" or "your" means any person or entity using the Service ("Users"). Unless otherwise stated, "Merchant Service Provider" will refer collectively to HostShark Inc., and its parent or subsidiary companies, affiliates, officers, employees and agents.
This Agreement affects your rights and you should read it carefully.
When you use the Services, you accept the terms and conditions of this Agreement. We may amend this Agreement at any time by posting the amended terms to our site, and your continued use of the Service will constitute acceptance of the amended terms. This Agreement was last modified on May 6, 2005.
The Service provides merchant services and templates for you to register domain names and offer other products and services. You and your users must also agree to the Registration Agreement and the other terms and conditions with respect to other products and services which may be found at http://www.hostshark.net/terms-conditions/default.aspx
Payouts to you of at least $25.00 will occur when you choose to (you need to initiate them from your commission account) on transactions aged 90 days or more. Please note, all checks are issued in U.S. Dollars. We are unable to send funds via wire transfer at this time. Interest will not accrue on amounts in any account with the Merchant Processor.
Merchant Services Fees.
The fee for merchant services is 95 cents ($0.95) plus 3% of the transaction. Fees for the domain name registration and other services are negotiated separately.
Unless otherwise stated, all fees are quoted in U.S. Dollars. We may change our service fees and/or credit policies at any time. You are responsible for paying all fees associated with use of Merchant Services and all applicable taxes.
If you are a seller in a credit card transaction, you understand and agree that you are responsible for payment to Merchant Service Provider or its agents, suppliers, and subcontractors of all amounts and costs related to charge-back in full and the amount of the charge-back itself. Your responsibility for all charge-back-related fees and amounts will continue even in instances where the charge-back has been initiated after you have received the funds or terminated your Merchant Service Provider account. You further agree that Merchant Service Provider or its agents, suppliers, and subcontractors can enforce this agreement against you and recover such charge-back-related fees and amounts from you in accordance with this Agreement or through any other legal rights or remedies that Merchant Service Provider or its agents, suppliers, and subcontractors may have. Merchant Service Provider shall not be obligated to facilitate payment for any transaction for which funds have not been provided by the buyer's issuing bank.
Merchant Service Provider collects all fees and other amounts by subtracting the amount the seller owes Merchant Service Provider ("Merchant Services Fees") from the funds that Merchant Service Provider has received from the buyer for payment to the seller for the transaction ("Seller Funds"). Should Merchant Services Fees exceed Seller Funds, as a seller you authorize Merchant Service Provider to directly debit your credit card or HostShark account (including a commission account, if any) for any excess amounts.
If you have a reseller account with HostShark (Registry Rocket, Instant Reseller, ETP, RSA, a sub-account of such an account, or any other account with HostShark), there may be fees associated with such account, in addition to the Merchant Services Fees described in this Agreement.
You and/or your customer authorize the Merchant Service Provider to debit the credit card provided to the Merchant Service Provider for this purpose. You are hereby informed that charges for services will appear on credit card statements as follows: "Domain Name Registration" and/or "I-Net Sftwr Srvc & Sale." You and/or your customers agree that, prior to contacting a credit card company in relation to such charges, that you and/or your customers will first contact the Merchant Service Provider to verify the charges and the manner of billing. You and/or your customers agree that any chargeback by a credit card company, for whatever reason, whether by you, by any Sub-Reseller or customer below your Account i) is a material breach of this RSA, ii) is an act for which you agree to be jointly and severally liable to make the Merchant Service Provider whole, iii) is an act with respect to which the Merchant Service Provider will charge $35.00 per incident, in addition to Merchant Services fees and other payment provider service charges which may be charged to the Merchant Service Provider, and iv) that the same shall be grounds for suspension and/or termination of the Services as well as any other agreement or any other serviced provided by the Merchant Service Provider. Under such circumstances, you agree and acknowledge that the Merchant Service Provider may suspend your access and the access of any of your customers to any and all of accounts which you or your customers may have with the Merchant Service Provider and and that all rights to and interest in and use of any domain name registration(s) services, website hosting, and/or email services, including all data hosted on the Merchant Service Provider's systems ("Collateral") shall be assumed by Merchant Service Provider. Your rights to and control over these accounts and services may be reinstated solely at the discretion of the Merchant Service Provider, and subject to receipt of the unpaid fee(s) and then-current reinstatement fee, currently set at US $200. You and/or your customers agree that the Merchant Service Provider may sell, dispose of, or retain the Collateral if the Merchant Service Provider determines the same to be a means of obtaining some monetary or other satisfaction or security.
You agree that Merchant Service Provider may assign its rights under this section, and other sections of this Agreement, to its agents, suppliers, and subcontractors that provide services to Merchant Service Provider.
Users agree not to use the Service for cash advances, or sale of goods not expressly authorized by the Service. You also agree not to take other actions that evade the agreements set forth in this Agreement. Our agreement to provide Service is with you, individually. You are specifically prohibited from using the service to accept payments on behalf of other sellers, regardless of whether such other sellers are registered with Merchant Service Provider.
WE AND OUR AGENTS, SUPPLIERS, AND SUBCONTRACTORS PROVIDE OUR SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. WE AND OUR AGENTS, SUPPLIERS, AND SUBCONTRACTORS SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights which vary from state to state.
Limitation of Liability.
IN NO EVENT SHALL WE OR OUR AGENTS, SUPPLIERS, AND SUBCONTRACTORS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT.
OUR LIABILITY, AND THE LIABILITY OF OUR AGENTS, SUPPLIERS, AND SUBCONTRACTORS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) $100. Some states do not allow the limitation of liability, so the foregoing limitation may not apply to you.
You agree to indemnify and hold Merchant Service Provider, its shareholders, subsidiaries, affiliates, directors, officers, agents, suppliers, subcontractors and employees harmless from any claim or demand, including, but not limited to reasonable attorney's fees, made by any third party due to or arising out of your use of our Services.
We may immediately terminate your right to use the Service, or take any other action we deem appropriate if you breach this Agreement or if we are unable to verify any information you provide to us.
Compliance with Laws.
You agree to pay all applicable sales or use taxes and to comply with all applicable laws, including any tax consequences with respect to your transactions, and any regulations regarding the use of our services.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Merchant Service Provider will retain all right, title, and interest in and to its trademarks, service marks, and trade names worldwide for RegistryRocket, Instant Reseller, and HostShark. You may only use Merchant Service Provider's trademarks, service marks, and trade names with the express permission of Merchant Service Provider. You shall not use the trademarks, service marks, or trade names in any manner that is disparaging or that otherwise portrays Merchant Service Provider in a negative light. Under no circumstances may you alter, modify, or change Merchant Service Provider 's trademarks, service marks, or trade names.
Except as explicitly stated otherwise, any notices shall be given by email to the email address made available by you to Merchant Service Provider during the registration or account creation process (in your case), or such other address as the party shall specify. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Merchant Service Provider during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
This Agreement and any disputes regarding its interpretation and enforcement shall be governed by the laws of the United States of America and the State of Washington, as if this Agreement was a contract wholly entered into and wholly performed within the State of Washington. Any action to enforce this Agreement or any matter relating to your use of the Services shall be brought exclusively in the United States District Court for the Western District of Washington, or if there is no jurisdiction in such court, then in a state court in King County, Washington state. You consent to the exclusive personal and subject matter jurisdiction of such courts and agree that exclusive venue therein is proper. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our site may be interfered with by numerous factors outside of our control. We and our agents, suppliers, and subcontractors are not responsible for delays or errors in transactions resulting from other parties. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforceable to the fullest extent possible in accordance with the intent of the Agreement. Headings are for reference purposes only. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire agreement between us with respect to the subject matter hereof.