EasyPay Terms and Conditions

SERVICE PROFESSIONAL PAYMENT ACCEPTANCE REQUIREMENTS

  1. As a convenience to you, you may accept payment for the services you provide through our credit card and debit card acceptance features through an API if you are in compliance at all times with the provisions set forth herein. HomeAdvisor uses Braintree, a division of PayPal, Inc. (Braintree) for payment processing services. By using the Braintree payment processing services you agree to the Braintree Payment Services Agreement available at https://www.braintreepayments.com/legal/payment-services-agreement, and the applicable bank agreement available at https://www.braintreepayments.com/legal/bank-agreement-us.

  2. You must provide us a full list of the names and addresses of all of your principals. We require that you provide the primary contact name, business entity legal name and doing business as name, tax identification number, primary contact email address, address, URLs (if applicable) and bank account information, and any other information we may require to support our acceptance of payments on your behalf and to allow us to meet any of our obligations under the operating regulations of the payment card networks.

  3. You will provide us with sufficient evidence to confirm that you are engaged in the business described in your application at or through the locations specified therein. You agree to let us know, no less than thirty (30) days in advance of any change in your ownership structure (meaning that if you are a corporation or limited liability company, you sell more than fifty percent of your stock or interests.

  4. You may not submit a transaction for payment for any other person other than you; all transactions that you submit must be for goods or services that you provided or performed, and not performed by any third party or any agent. You cannot submit a transaction for payment until after you performed the services or provided the goods, unless the customer expressly agrees in writing. You may not conduct any sales for any purposes related to any illegal or prohibited activities as we may direct.

  5. You will immediately give us notice of any unresolved dispute with a customer in which the amount at issue is in excess of Five Hundred Dollars ($500), or the customer accuses you of bad faith, unfair dealings or fraud.

  6. You agree to comply with the rules, regulations and/or policies and procedures, including but not limited to the Payment Card Industry Data Security Standard, and any other program or requirement that may be published and/or mandated by the payment card networks (collectively "Operating Regulations"). You can find excerpts of the Operating Regulations on the websites for Visa, Mastercard and Discover. You also agree to comply with all applicable state, federal, and local laws, rules, and regulations ("Laws") pertaining to you and your business, including as may be applicable, any and all anti-money laundering laws and regulations, including but not limited to the Bank Secrecy Act, the US Treasury's Office of Foreign Assets Control (OFAC) and the Federal Trade Commission.

  7. If you have any dispute regarding your payment for the services or goods you provide, you must notify us within thirty (30) days of the date the payment is made, or you waive any right to make a claim for the applicable payment. You will be funded following receipt of the transactions you submit to an account that you designate, less any fines, fees, chargebacks and penalties from any third party, as well as our fees. Any claims for funds shall be between us and you; you have no right to claim funds from our processor, bank or any third party.

  8. In providing your services, you must not i) require a customer to complete a postcard or similar device that includes the customer's account number, card expiration date, signature, or any other card account data in plain view when mailed, ii) add any tax to transactions, unless applicable law expressly requires that you impose a tax (any tax amount, if allowed, must be included in the transaction amount and not collected separately), iii) request or use an account number for any purpose other than as payment for your goods or services, iv) submit any transaction receipt for a transaction that was previously charged back by the customer, v) submit a transaction to us that is to collect or refinance an existing debt owed to you by the customer, vi) accept a card to collect or refinance an existing debt that has been deemed uncollectable, or vii) submit a transaction that represents collection of a dishonored check. Under no circumstances will you store cardholder data. You may not add any surcharge to a transaction except if allowed by applicable law. You cannot keep or retain any customer cardholder data.

  9. You will not submit transactions of more than $100,000 in a 12 month period, without receiving express written consent from us.

  10. Upon our request, you will provide us with details of all transactions submitted by you.

  11. These terms and conditions shall be binding upon your execution. Notwithstanding the foregoing, we may immediately cease providing payments to you and/or terminate these terms and conditions without notice if (i) you fail to pay any amount to us when due, (ii) in our opinion, our provision of a service may be a violation of the Operating Regulations or any laws, (iii) we believe that you have violated or are likely to violate the Operating Regulations or any laws, (iv) we determine that you pose a financial, reputational or regulatory risk to us or any third party or (iv) we are required to do so by any third party.

  12. The Service Professional Payment Acceptance Requirements set forth herein may only be used in conjunction with your acceptance of the Service Professional Terms and Conditions, set forth at HomeAdvisor Terms and Conditions. If we accept payments on your behalf, you reaffirm that you have read, understood and agree to be bound by the Terms and Conditions as well as these Payment Acceptance Requirements.

  13. ARBITRATION and Governing Law.

    1. The exclusive means of resolving any dispute between you and HomeAdvisor or any claim made by you or HomeAdvisor arising out of or relating to your use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against HomeAdvisor in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.

      2. *NOTICE OF RIGHTS*

    2. By using the Website and/or HomeAdvisor's services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and HomeAdvisor (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.

    3. Any proceeding to enforce this arbitration provision, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration provision is for any reason held to be unenforceable, any litigation against HomeAdvisor (except for small-claims court actions) may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.

    4. These Terms and Conditions, and any dispute between you and HomeAdvisor, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.

  14. You will be liable for any attorneys' fees and costs if we have to take any legal action (including the retention of a lawyer) to enforce this Agreement. The laws of the State of Colorado (excluding the laws and principles with respect to conflicts of law) govern this Agreement. Except as expressly set forth in Paragraph 13, above, You hereby consent and agree that the state or federal courts in Denver Colorado are the exclusive forum for litigation of any claim by you arising under this Agreement or the use of the HomeAdvisor website and/or Services, and you submit to sole and exclusive jurisdiction in the state of Colorado, and hereby irrevocably waive and relinquish any right to bring, or cause to be brought, any such action, or to have any such action brought, in any judicial or administrative forum outside of such forum.