You authorize us to instruct our processor to establish a reserve amount in your account to cover any amount due to Wix, like for losses, expenses or chargebacks. This includes disputes arising out of or relating to interpretation or application of this Mandatory Arbitration Provisions section, including its enforceability, revocability or validity. These Service Terms (as amended from time to time) are effective as of the date You connect to Wix Payments and replace any previous versions of the Service Terms. (iv) The User agrees to destroy all Transaction Data when it is no longer needed for business or legal purposes, in such a way that the Transaction Data cannot be reconstructed by any means. Click View. You are solely responsible for the accuracy of User Bank Account details You provide to Wix and/or the Processor. You hereby fully authorize Wix to enable the Processing Services, submit Transactions, debit Your User Payment Account (as defined below), make decisions regarding the Processing Services and request changes to the setup of these Services on Your behalf. In connection with the foregoing, You agree to contact Wix and seek to resolve Your concerns informally by emailing payments-resolution@wix.com. The information You are required to provide as part of the Registration may include personal information (such as Your name, birthdate and identification number), physical address, phone number, tax identification details, email address, bank account details, other identification information about Your business, its principals, beneficial owners, shareholders and Representative (as defined below), trade names under which You do business (DBA), a full description of the goods sold and/or services You provide and other information as requested by Wix (. All Transaction amounts deducted by applicable Service Fees shall be allocated to Your User Payment Account and held by the Processor and its banking partners in pooled accounts. You may request to change Your User Bank Account on file. Wix and the Processor shall have the right to withhold funds in the User Payment Account and/or deduct the associated Refund amount from the User Settlement Amounts, as required to process and pay Refunds. You agree to pay all amounts due or owed to Wix, in relation with any of Your accounts with Wix on demand. Share ideas with your audience and drive traffic to your website. However, Wix is not a party to the Processor Terms and is not liable to You with respect to the Processing Services, which are provided solely by the Processor. The User shall be solely responsible and liable for any and all Transactions between a User and such Users Customers, and for all liabilities arising from the offering of User Products and Transactions, including, but not limited to, all applicable legal and regulatory obligations. Youll bear any damages and costs Wix is subject to, following your breach of obligations or wrongful actions. The User Bank Account shall be subject to the Processors approval. The User further agrees that (a) the User will be solely liable for any losses incurred by Wix or the Processor as a result of any unauthorized, fraudulent, illegal, improper or erroneous use of Wix Payments, including any use made in breach of these Service Terms by any of the Users Customers, User, or any of the Users employees, agents, representatives or contractors, and (b) Wix shall have no liability or obligation whatsoever in connection with any act or omission of the Processor, the acquiring bank and the Payment Networks. , refer to you (if you are an individual or a sole proprietorship) or the legal entity you are acting on behalf of, offering products and/or services using the technology platform offered through the, ), and/or any other services, applications and features offered or enabled by or through us with respect thereto, except where we explicitly state otherwise (all services offered through the Wix Website or the Wix Platform, collectively, . Payment Networks or other payment method providers may either accept or deny Your challenge. We share your Identification Information with identity verification vendors to verify information that we collect. The AAA rules will govern payment of all arbitration fees. For further details about the Processor and the acquiring bank, including to find the acquiring banks contact information, please read the Processor Terms. The use of POS Products is subject to these Service Terms as well as, Subject to territorial restrictions, You may accept payments with Apple Pay. The terms include and including are not limiting. The Processing Services, together with the activities and services provided by Wix, constitute Wix Payments. Wix also offers . You are solely responsible for the accuracy of User Bank Account details You provide to Wix and/or the Processor. Wix may allocate different Processors to certain transactions or transaction types. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of Wix Payments, or intellectual property infringement (for example, trademark, trade secret, copyright or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above. Also, we make no warranties for our services, including their quality, reliability, security, compatibility and conditions. Except as otherwise required by applicable law, the User is solely responsible for maintaining its Transactions records and other data associated with the User Payment Account in accordance with applicable law. The Processing Services include the acceptance and processing of Transactions, transaction reporting, settlement of funds and other services provided by the Processor (as defined below) (the , ). Settlement Amounts will be paid to You only if Your User Payment Account is active and in full compliance with these Service Terms and the Processor Terms. The headings, captions, headers, footers and version numbers contained in these Service Terms are inserted for convenience only and shall not affect the meaning or interpretation of these Service Terms. Explore 800+ designer-made templates & start with the right one for you. Until your Wix Payments account is verified, we strongly advise you not to deliver any goods or provide services to your customers. You are solely responsible to comply with PCI-DSS and/or PA-DSS standards and requirements and to have relevant physical and logical controls in place before using Wixs Services, including to process mail order or telephone order payments (MOTO payments). WIX AND ITS AGENTS, AFFILIATES AND SERVICE PROVIDERS HEREBY DISCLAIM ALL OTHER TERMS, CONDITIONS AND WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, RELATING TO OR ARISING OUT OF THESE SERVICE TERMS, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED TERMS, CONDITIONS AND WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. You can view your balance in your accounts dedicated Wix Payments dashboard. 3. You and Wix agree to use commercially reasonable efforts to resolve, promptly and in good faith, any controversy, claim or dispute between You and Wix arising from or in connection with these Service Terms. Wix.com is a company that develops and markets an Internet service that allows users to create Web content in North America, Europe, Latin America, Asia, and internationally. The User will promptly provide such information and assistance to Wix as Wix may request in connection with any such investigation. If any provision of these Service Terms is found to be wholly or partially unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Service Terms shall otherwise remain in full force and effect and enforceable. You may terminate these Service Terms at any time by notifying Wix in writing. If You do not wish to comply with any of the Wix Terms, You should not access or use Wix Payments. In addition to all other obligations under the Wix Terms and Processor Terms, the User will at all times: (i) fully comply with all provisions and requirements of the Wix Terms and the Processor Terms; (ii) provide true, complete, accurate and valid information as requested by Wix and/or the Processor in connection with Wix Payments, including Registration, and update Wix to ensure such information (including all User Information) remains true, current, complete, accurate and valid; (iii) without derogating from section 4.1(ii) above, promptly notify us in writing no more than three (3) days after any of the following occur: You are the subject of any voluntary or involuntary bankruptcy or insolvency application, petition or proceeding, receivership, or similar action; there is a materially adverse change in Your financial condition; there is a planned or anticipated liquidation or substantial change in the basic nature of Your business; You transfer or sell 25% or more of Your total assets, or there is any change in the control or ownership of Your business or parent entity; or You receive a judgment, writ or warrant of attachment or execution, lien or levy against 25% or more of Your total assets. As part of the Registration process and in order to receive payouts, You must provide details of an active bank account under Your control and ownership and under Your business name, which shall be the account to which all Transaction amounts shall be settled (User Bank Account). What to Include in Your Wix Privacy Policy 3.1. The collection, use and storage of User Information is subject to the provisions of Wixs, As part of the Registration process and in order to receive payouts, You must provide details of an active bank account under Your control and ownership and under Your business name, which shall be the account to which all Transaction amounts shall be settled (. We may amend or otherwise modify all or a portion of the Wix Terms from time to time. We have the right to instruct our processor to withhold your payouts in cases such as excessive chargebacks, suspicious activity in your account or if required by law. IF ANY GUARANTEE, CONDITION, WARRANTY OR TERM IS IMPLIED OR IMPOSED BY ANY APPLICABLE LAW AND CANNOT BE EXCLUDED (A NON-EXCLUDABLE PROVISION), AND WE ARE ABLE TO LIMIT YOUR REMEDY FOR A BREACH OF THE NON-EXCLUDABLE PROVISION, THEN OUR LIABILITY FOR BREACH OF THE NON-EXCLUDABLE PROVISION IS LIMITED EXCLUSIVELY (SO FAR AS APPLICABLE LAWS DO NOT PROHIBIT) TO THE SUPPLYING OF SERVICES AGAIN, OR THE PAYMENT OF THE SERVICE FEES. The revised Wix Terms will be available on the Wix Website. Learn why you must NOT use the default privacy policy for your Wix website and what 75,000+ Wix users do instead to ensure proper compliance. YOU AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS: (i) Agreement to Arbitrate. section, including its enforceability, revocability or validity. Here's what you'll need: Youre required to comply with certain obligations towards our payment networks (such as Visa or Mastercard). If the agreement to arbitrate is found not to apply to You or Your claim, You agree to the exclusive jurisdiction of the state and federal courts in San Francisco County, California to resolve Your claim. In providing the Wix Payments services with Adyen as the Processor, Wix is acting as an agent of the acquiring bank. In addition, the Processor may elect to contest certain chargebacks assessed to Your account. In our mission to make commerce better for everyone at Shopify, we collect and use information about you, our. Export Administration Regulations (15 C.F.R., Chapter VII), the sanction programs of the U.S. Office of Foreign Assets Control (", (v) not offer or sell any User Products, or provide any information, content or material, including regarding User Products, which are prohibited by law, included in the list of, You hereby warrant, represent and undertake that: (a) You are of legal age of the majority in Your jurisdiction, and in any event above the age of eighteen (18); (b) You and the legal entity You represent are authorized to conduct business in the jurisdictions in which You operate; (c) You are not a resident of any country embargoed by the United States, nor are You on the U.S. Treasury Departments Specially Designated Nationals and Blocked Persons List or any other applicable trade sanctioning regulations; (d) Your business is located and You are conducting Your business from one of the following countries: Austria, Belgium, Canada, Finland, Germany, Ireland, Italy, Lithuania, the Netherlands, Portugal, Spain, Switzerland, the United Kingdom or the United States; (e) You will use the Wix Payments Services only for Your business and not for the benefit of any third party; (f) You will use the Wix Payments Services for commercial purposes only (or, if applicable, to collect charitable or campaign donations), and not for any personal, family, money transfer or household purposes; (g) if You register on behalf of a legal entity, You are an authorized representative of such entity that has the full power and authority to agree to the Wix Terms on behalf of such legal entity, and bind it to these Service Terms and other Wix Terms (. All Service Fees are non-refundable. ; Mobile App Build, customize and manage your website on the go. Articles Available Payment Providers Using a Different Account with the Same Payment Provider Requesting Additional Payment Providers & Methods Connecting 2Checkout as a Payment Provider Connecting AliPay as a Payment Method (Through Stripe) Claiming Your Stripe Account Connecting Braintree as a Payment Provider 12. The chargeback amount will be deducted from your account balance, and will be returned to you if your challenge is accepted. Find a professional to help build, design and promote your site. All Transaction Cancellations must be done through Wix Payments, and may require the payment of certain Service Fees as set forth on the Website. The arbitration will be held in the United States county where You live or work (to the extent that You are a U.S. resident), in San Francisco County, California, or any other location we mutually agree on. It's like choosing PayPal or Stripe to process payments, but with Wix Payments, everything is kept in one place instead of outsourcing to third party platforms. August 31, 2022 10:12 AM Eastern Daylight Time. If you notice any data that seems inaccurate, you should immediately notify us so well investigate the matter with our processor. All User Information and documentation You provide in connection with Wix Payments as part of the Registration process or any subsequent inquiry or request, must be complete, up to date and accurate in all respects. You must ensure that Your User Bank Account remains active, in good standing and fully capable of being used in connection with Wix Payments, for as long as the Transactions conducted by You are subject to cancellation or reversal (and as otherwise specified or required by the Payment Network(s) and/or Processor). . Wix will not seek its attorneys fees and costs in arbitration, unless the arbitrator determines that Your claim is frivolous. ) through Wix Payments, by providing information and documentation according to the relevant Operating Regulations. This collaboration combines Wix's advanced customization capabilities with Moneris' integrated payment processing services to give Canadian businesses an all-in-one solution to succeed both instore and online." Business sites are always on, and to receive the help they need when they need it, Moneris offers 24/7 customer support. 5.1 Responsibility for Customers & Transactions. Wix and the Processor shall have the right to deduct Transaction Cancellation amounts and Cancellation Costs from any Settlement Amounts payable to such User and in accordance with Section 8.2 hereunder. Wix will notify You when You are able to close Your User Bank Account. Youre liable for charges, refunds and fines connected to your use of Wix Payments. However, whether notice is provided or not, this does not derogate in any way from Your responsibility to ensure Your compliance with these requirements. If there are any variations between the English version of these terms and its translationsthe English version wins. These obligations include fully complying with our terms and our Processor Terms, applicable laws and regulations, notifying Wix of certain changes in your business and not offering any products or services that are prohibited by law, Wix or the processor. This includes disputes arising out of or relating to interpretation or application of this . "Wix recommends, and in some circumstances requires, that all Third Party Developers for the Apps in its APP Market post a privacy policy or other statement describing the applicable App's privacy practices regarding how personally identifiable information is collected, shared, and used by or through an App and its respective App provider . Upon using Wix Payments, You must register and provide certain information (Registration). Wix may, subject to applicable law and Operating Regulations (as defined below), replace Processors. You may close Your User Bank Account only after satisfying Your obligations under these Service Terms, including those referenced in Section 8.2. You are solely and fully liable for the accuracy, consistency and completeness of the User Information and all other information provided by You or on Your behalf (including any authorized individual, in the case of a Wix User that is an entity) in connection with Wix Payments, including to Wix and/or the Processor as part of the Registration process or any subsequent inquiry or request. The User shall be fully responsible for the Transactions, including in relation to any cancellation or cancellation request of a Transaction, including due to a Dispute, Refund (as defined below) of a Transaction or the reversal or return of a Transaction conducted, facilitated or initiated by Wix, Payment Networks, other payment method providers, Processors or acquiring banks (, ). Centralized site management for brand control & consistency. You and Wix agree to resolve any claims relating to Wix Payments or these terms through a single arbitrator. You authorize Wix to instruct the Processor to establish and maintain (by itself or by financial institution partner(s)) a reserve amount as to be determined by Wix from time to time, to cover any amount that may become due from You to Wix or the Processor, including any expenses or losses, which may result from existing or expected Transaction Cancellations, Customer complaints, the nature of Your business, and Your activity through Wix Payments (.
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