OPERATING
REGULATIONS FOR 2CHECKOUT.COM
THESE OPERATING REGULATIONS for
2Checkout.com
("Operating Regulations") and the other portions of the Agreement
govern the activities of Supplier, being a person or business entity that
enters into a Supplier Agreement with 2Checkout.com ("2CO") and
offers its products and services for resale on 2CO's website. Supplier may be
referred to as "You" or "Your" in these Operating
Regulations as a participant in 2CO's program as described in the Agreement.
1.
INCORPORATION INTO THE
SUPPLIER AGREEMENT AND EFFECTIVE DATE
Pursuant to the terms of the Supplier Agreement
(“Agreement”), these Operating Regulations and all of 2CO's website policies
and statements are incorporated into and made a part of the Agreement. These
Operating Regulations are effective and binding upon Supplier and 2CO upon the
date the Agreement becomes effective, as described therein.
Any capitalized terms herein that are not defined in
these Operating Regulations shall have the meaning attributed to the term in
the Agreement.
2CO may amend these Operating Regulations at any time
upon posting the amendments on 2CO's website. Any amendment shall become
effective as described in Section 17.A of the Agreement.
2.
INCORPORATION OF FEE
SCHEDULE
3.
QUESTIONS ON ACCOUNT
For questions regarding your Account, please fill out
an online request ("Support Request") at the following link: http://www.2checkout.com/help.
4.
NOTICE AND FEES FOR
CHANGES
Supplier must notify 2CO immediately of any changes
Supplier intends to make in any of the following:
o Products offered for
sale
o Shipping Policy
o Return Policy
o Primary Contact
Information
o Web address
o URL or Domain Name
Such notice must be provided at least ten (10) days in
advance of any change. Should the proposed change result in a breach of the
Agreement, 2CO may, at its discretion, suspend activity on the applicable
Account or Additional Account until the breach is cured, or terminate the
Agreement.
Any Additional Accounts established by Supplier must
be to a functional URL, owned by the Supplier. If Supplier establishes a new or
additional URL and uses the URL for 2CO to resell Supplier's Products, the fees
set forth in Fee Schedule shall be applicable for each new or additional URL.
5.
SALE OF GOODS AND
SERVICES
If Supplier registers Products for inclusion in the
Shopping Center, 2CO may purchase such Products for resale to Customers. Only
those Products of Supplier that have been validly registered with 2CO in 2CO's
product database may be advertised and sold on 2CO's Shopping Center or
presented to 2CO for resale to Customers.
2CO shall not be restricted by Supplier as to the
price charged to Customers for the resale of Products purchased from Supplier.
Where applicable, 2CO may collect from the Customer and remit to the
appropriate governmental agency an amount for sales, use, or other similar
taxes.
6.
CUSTOMER ASSISTANCE
Supplier shall at all times respond promptly to
inquiries from 2CO on behalf of Customers or from Customers directly, and shall
endeavor to resolve disputes with said Customer.
In the event a Customer contacts Supplier directly,
Supplier shall immediately notify 2CO and provide 2CO with information
requested by 2CO regarding such direct Customer contact.
Supplier shall be responsible, at Supplier's expense,
to monitor and resolve issues related to its 2CO Account. Failure to do so
shall be deemed to be a breach of Supplier's obligations under the Agreement.
2CO may charge Supplier reasonable fees and recover its expenses related to
Customer inquiries, Returns, or Refunds.
In the event 2CO participates in an attempt to resolve
an issue with a Customer, 2CO will notify Supplier of the details and nature of
the issue and use commercially reasonable efforts in an attempt to find a
solution that is acceptable to all parties to a Transaction.
In any direct contact with Customers, Supplier shall
at all times, act in a professional and courteous manner. At no time will
Supplier conduct an inappropriate communication with the Customer.
Inappropriate communications include, without limitation, threats of any
nature, harassment or attempts at extortion. Such inappropriate communication
shall be deemed to be a material breach of the Agreement.
In addition to the other remedies 2CO has for
Supplier's breach of its obligations, including without limitation the
suspension of an Account or termination of the Agreement, 2CO may assess a
charge of $100.00 as partial reimbursement for costs incurred by 2CO in
resolving an issue with a Customer resulting from inappropriate communication
by Supplier.
Supplier shall indemnify and hold 2CO harmless from
any, costs expenses or damages claimed by a Customer as a result of Supplier's
inappropriate communications.
7.
REVERSAL OF CUSTOMER
TRANSACTIONS
Cancellations:
A "Cancellation" occurs when Customer,
Supplier or 2CO voids an order for a withdrawal of funds from a Customer's Card
account or bank account before a sale is sent for deposit. 2CO will not collect
a deposit from the Customer and the previously authorized funds will be released
at the Card issuing bank's discretion. 2CO will not assess nor collect a
Transaction Fee from Supplier.
After a sale is sent for deposit, any attempt to
reimburse the cost of a Product to a Customer constitutes a Refund and shall be
dealt with as set forth below.
Returns:
A return occurs when a Customer returns Products
previously purchased from 2CO ("Return").
Supplier shall accept Returns of products and agree to
provide Refunds through 2CO for Customers who initiate a Return or a Bank
Assisted Dispute, as defined below, that 2CO has approved, either with 2CO, the
entity whose brand appears on the Card ("Card Association"), the Card
issuing bank, or the depository bank.
Supplier shall have a policy with regard to the return
or cancellation of Products ("Supplier's Return Policy"). Supplier's
Return Policy shall be clear, complete and accurate, prominently posted on its
billing screen and available for review by a Customer prior to the Customer
being obligated for a purchase of Products of Supplier.
Unless otherwise agreed upon with 2CO in advance,
Supplier's Return Policy shall clearly state that Supplier will not reduce the
amount of a Refund by the assessment of a "restocking fee" or a
similar fee. The Return Policy shall also clearly state if shipping charges are
refundable and whether the Customer is responsible for any applicable return
shipping charges.
Refunds:
A refund is the actual reimbursement of the cost of a
Product to a Customer regardless of the basis for the reimbursement
("Refund"). 2CO accomplishes the Refund by reversing the amount
previously charged to the Customer's Card or account at the Card issuing bank
and the appropriate amount is credited to the appropriate Card or account at
the Card issuing bank of Customer.
2Checkout will only issue a Refund to the original
funding source. For example, an order funded via Credit Card will be
issued a Refund to the account for the Card that was used to fund the
order. An order funded via PayPal will be issued a Refund to the original
PayPal account. If the PayPal account is closed, the Customer should be
referred to 2CO for assistance.
Supplier shall have a policy with regard to Refunds
("Supplier's Refund Policy"). Supplier's Refund Policy shall be
clear, complete, accurate, and prominently posted on its website and available
for review by a Customer prior to the Customer being transferred to 2CO’s
website for a purchase of Products of Supplier.
Unless otherwise agreed upon with 2CO in advance,
Supplier's Refund Policy shall, at a minimum, indicate that the Supplier will
not reduce the amount of a Refund by any fees, such as “restocking fees.” If
the Supplier’s Refund Policy clearly states that shipping charges are
non-refundable, then Refunds may be reduced by shipping charges.
2CO may issue a Refund without the prior knowledge or
consent of Supplier in any case 2CO deems it appropriate. 2CO will promptly
notify Supplier of any Refund and provide Supplier with information regarding
the basis for 2CO's determination to issue the Refund.
Supplier shall mark sales funded through Acculynk
PIN-Debit as shipped at the 2Checkout Account Administration system within 30
days of the placement of that order. If Supplier fails to mark the Acculynk
sales as shipped within this timeframe, 2Checkout will issue a Refund for the
full amount of the sale back to the Customer’s Card on the 31st day.
Supplier's Account will be debited by 2CO in an
appropriate amount for all Refunds, regardless of the basis for the Refund.
In the event of a Return or Refund, Supplier agrees to
indemnify and hold 2CO harmless from liability and, further, Supplier agrees to
immediately pay 2CO an amount equal to all funds 2CO has paid to Customer on
behalf of Supplier.
Bank Assisted
Disputes:
2CO, as a merchant for various card associations, is
subject to obligations which entitle the Card issuing bank to assess a charge
or fee for handling bank assisted Refund activity. 2CO may, in turn, assess a
fee to Supplier to cover 2CO's additional expenses which result from bank
assisted Refund activity. Such charges are called Dispute Charges and can be
found under the Dispute Charges category of Schedule
A.
A Bank Assisted Dispute occurs when the Customer or
the Card issuing bank disputes the validity of a purchase of Products from 2CO
as the card association merchant, or the Card issuing bank initiates a reversal
of the purchase, providing the Customer with a credit for the full amount of
the Product purchased from 2CO ("Bank Assisted Dispute").
In the event multiple Products are purchased as part
of a single transaction, the Customer or the Card issuing bank may initiate a
Bank Assisted Dispute for less than all of the Products purchased and the
credit granted to the Customer will only be in the amount of the Products for
which the Bank Assisted Dispute was initiated.
8.
LIMITATIONS ON
PRODUCTS AND SERVICES OFFERED FOR RESALE
Right to Prohibit Certain
Sales/Registrations:
2CO may prohibit the registration and/or sale of
certain products and services ("Prohibited Products"). 2CO may change
the list of Prohibited Products from time to time, in its discretion, without
notice to or the consent of Supplier. 2CO shall have no liability or obligation
to Supplier for a change in the Prohibited Products listings, even if the
addition of a Product to the Prohibited Products list eliminates all Products
that Supplier offers for sale. For a complete and up-to-date listing of
Prohibited Products please go to the following link: http://www.2checkout.com/documentation/prohibited.html.
Supplier's Duty to
Comply:
Supplier shall not offer Prohibited Products for sale.
If Supplier is offering Products for sale that become included on the
Prohibited Products list, Supplier shall cease to offer such Products for sale
within two (2) calendar days after the Product is added to the Prohibited
Products list and the revised Prohibited Products list is posted on 2CO's
website. Failure to comply within two (2) calendar days from such warning may
result in suspension of activity on the Account or Additional Account, the
Account or Additional Account being closed and the potential forfeiture of
Purchase Payments (as hereinafter defined) on the offending Transaction(s), in
2CO's sole discretion. Provided, however, if in 2CO's sole discretion, the
Products being offered are such that they should be immediately withdrawn from
sale by Supplier, 2CO may immediately suspend activity on the Account of
Supplier, without notice and opportunity to cure. At the discretion of 2CO,
such suspension may continue indefinitely, or result in a permanent suspension
of Supplier, the termination of the Agreement and the forfeiture of the right
to a disbursement of funds for completed sales of Prohibited Products.
9.
COMPLIANCE WITH
MERCHANT OBLIGATIONS
As a merchant for various card associations (i.e.,
VISA, MasterCard, American Express, Discover, JCB and Diner's Club), 2CO has
obligations it must fulfill to protect its ability to participate as a merchant
in those card associations.
2CO does not confer card association merchant status
upon Supplier. 2CO is the card association merchant and acts as an authorized
retail sales outlet for Supplier. Supplier shall not conduct itself in a manner
that will endanger 2CO's merchant status, including without limitation,
misrepresenting the relationship between 2CO and Supplier. It is important to
the card associations, and to 2CO's status as a card association merchant, that
the relationship between Supplier and 2CO is not misrepresented. Supplier shall
represent 2CO as an authorized retailer or out-sourced vendor solution and not
as a "credit card processor" or a payment gateway." Language
must be included in Supplier's web site that clearly and correctly describes
2CO's Status.
Acceptable terminology to describe 2CO is:
2Checkout.com is an authorized retailer of
2Checkout.com is the exclusive authorized retailer of goods and services
provided by
Supplier shall not refer to 2CO at any time as a
"Credit Card Processor," or "A Third Party Processor," or
"A Payment Gateway."
Similar restrictions on the manner in which 2CO is
described apply for any buttons or links to 2CO contained on Supplier's web
site and Supplier shall comply with the restrictions.
Acceptable terminology for buttons or links to 2CO is:
"Add to Cart" "Buy Now" "Buy
from 2CO"
Unacceptable terminology to link to 2CO includes
phrases like:
"Click Here to Pay" "Process Payment
Now"
Except for those Suppliers that maintain their own
card association merchant membership (and then only for those card associations
where such membership is maintained), Supplier's web site may display card
association related materials such as trademarks, service marks, logos and
other protected items belonging to the card associations only if it is clearly
stated that 2CO is the Supplier's retailer and 2CO, not Supplier, is the card
association merchant. Supplier may also use the images found at https://www.2checkout.com/language_guidelines.html.
By presenting any product to 2CO for sale the
Suppliers agree that 2CO is an authorized retailer of that product and
therefore may include any and all product information or representation on
2CO's websites and any other marketing channels or sites populated by 2CO.
10.
PROHIBITED ACTIVITIES
In addition to prohibitions which may be found
elsewhere in the Agreement, including without limitation, these Operating
Regulations, Supplier shall not allow or conduct any of the following listed
activities. If 2CO ascertains that Supplier is allowing or conducting any of
the following listed activities, the Account will be immediately suspended and
funds for completed sales of products or services to 2CO will be withheld from
Supplier pursuant to Section 13:
Virtual Terminal
Activity (i.e. Self-Keying):
Allowing a third party to directly key in Card or bank
account information related to a transaction involving 2CO via the Internet.
Unsolicited Electronic
Messaging:
Generating unsolicited electronic messages to
Customers which constitutes SPAM. For the purposes of the Agreement the term
"SPAM" means an unsolicited commercial electronic communication to a
Customer, or commercial electronic communications sent to a Customer after the
Customer has revoked authorization for the sender. SPAM includes, without
limitation:
o Instant Messaging
o Unwelcome email
o Newsgroup
cross-postings
o Windows that spawn new
windows
o Windows which resist
closure
Sale of Prohibited or
Restricted Products:
The sale or advertisement of Products that are classified
by 2CO as Prohibited Products.
The sale or advertisement of Products that are
classified by 2CO as Restricted Products in a manner different than approved by
2CO.
Sale from any Website
Other than Registered Website:
Presenting any sales information to 2CO for processing
from a website other than the website registered on the Supplier's Account.
Additional Accounts should be purchased for each website.
Use of Personal
Information Regarding a Customer:
The use of personal information regarding a Customer
for anything other than as necessary to complete the resale of a Product by 2CO
to a Customer, or to conduct customer assistance requested by the Customer.
Presenting Sales
Information Prior to Shipment:
Presenting any sales information to 2CO for processing
which relates to the sale of Products for future delivery.
Relying on any proceeds or credit resulting from a
Transaction to purchase or furnish Products.
Supplier is expected to maintain a ready inventory of
the Products it offers for sale to 2CO, or promptly notify 2CO that an order
will not be fulfilled in a timely manner.
Prematurely Marking
Products as Shipped to Customer:
Notifying 2CO that a Product has been shipped to a
Customer prior to shipment having occurred.
Other Electronic
Activities:
Using the Services or access to 2CO's website or
Customers for any purpose other than that for which 2CO's website and Services
are intended, including without limitation phishing, pharming, hacking,
tampering, modifying or otherwise corrupting the security or functionality of
the Services.
Illegal Activities:
The sale, lease, other transfer, or possession of
Products to a Customer when such sale, lease, other transfer or possession
violates the law.
11.
CUSTOMER INCENTIVE
PROGRAMS
2CO may elect to offer an incentive program to
Customers under which 2CO will allow the offer of discounts, coupons, or other
types of incentives to Customers for the purchase of Products ("Customer
Incentive Program"). Any Supplier that desires to participate in a
Customer Incentive Program must advise 2CO of Supplier's desire to participate
and enter into a separate agreement with 2CO regarding such Customer Incentive
Program.
12.
FEES AND CHARGES
All fees and charges are in United States Dollars
("USD").
Fee Schedule:
All fees and charges are listed on the Fee Schedule.
Account Establishment:
The Fees to open an Account or an Additional Account
are set forth on the Fee Schedule under the Account Establishment
Fees
category. Additional Account(s) may only be opened after the Account is
established and an Account Establishment Fee is due for each Additional Account
that is opened.
Each Additional Account Supplier opens will be placed
in and become subject to the New Accounts Verification process of 2CO.
Once sales occur on an Account or an Additional
Account, the URL is locked to that Account or Additional Account. If the
Supplier wishes to Change the URL for that Account or Additional Account, a fee
will be charged in accordance with the Changes category on the Fee
Schedule.
All of the fees described above are immediately due
and payable upon demand by 2CO.
Transaction Fees:
All Transactions are processed using 2CO's SSL
encryption network and any other processes made available through its merchant
service provider. Payment will be initiated via the secure payment processes.
A "Transaction" occurs when a Customer
purchases from 2CO a Product of Supplier which has been authorized for resale
(i.e., registered in 2CO's product database); a Customer obtains a Refund of
the purchase price for a Product previously purchased as a result of a Return
or a Bank Assisted Dispute; or a Customer exchanges a Product previously
purchased.
The Transaction Fees are as described under the Transaction
Fees
category on the Fee Schedule.
2CO may, in its sole discretion, assess a higher
Transaction Fee for certain Products offered by Supplier to 2CO for resale to
Customers if 2CO determines that the resale of any Product(s) creates a
potential or actual financial or reputational risk to 2CO, such as those
Products which constitute Restricted Products.
The Transaction Fees shall be deducted from the
proceeds received by 2CO for the resale of the Product prior to payment of any
funds to Supplier.
Dispute Charges:
A "Dispute" occurs when Customer or the Card
issuing bank disputes the validity of a purchase of a Product from 2CO and
initiates a Bank Assisted Dispute against 2CO.
In addition to the obligation to fully refund the
purchase price paid by 2CO if the Dispute results in a Refund, Suppliers may be
assessed a Dispute Charge in accordance with the Dispute
Charge
category on the Fee Schedule.
Supplier shall pay all Dispute Charges upon demand by
2CO via a debit to the Account.
2CO's determination as to whether or not Dispute
Charges are to be assessed to the Supplier will be based, in part, upon the
"reason codes" selected by the card issuing bank. The "reason
codes" have been established by card associations as the basis for a
Customer to dispute the validity of a transaction when a credit or debit card
is used to purchase goods or services.
Fraud prevention is an important service provided by
2CO to its Suppliers. Fees or charges to 2CO related to a Transaction will not
be passed through to Supplier if such charges result from fraudulent activity
not participated in by Supplier. In addition to active participation in
fraudulent activity, Supplier will be deemed to have participated in fraudulent
activity if 2CO classifies a Transaction as fraudulent, the Transaction is
reinstated at the request of Supplier and the Transaction subsequently becomes
disputed by the Card issuing bank.
Fees or charges to 2CO related to a Transaction which
result from service related issues (i.e. failure to accurately advertise its
Products), may result in charges to the Supplier. As described in the Dispute
Charges category of the Fee Schedule.
Supplier Error Fees:
A Supplier Error occurs when any of the following
events take place:
o Return Wire
o ACH Pass Through
o ACH Return
o Check Stop Payment
We will charge you a fee for each occurrence of any of
these events as described in the Fee Schedule under the category Supplier
Error Fees.
2CO may change the amounts indicated herein, at its
sole discretion, without prior notice to Supplier. Supplier agrees to pay all
Wire Transfer Fees in effect at the time Supplier initiates a wire transfer.
Change in Fees:
2CO may change any or all of the fees and charges, or
add new fees and charges, with reasonable advance notice of such changes to
Supplier via posting the changes on 2CO's website. Provided, however, if third
party charges are included in, or the basis for, a charge to Supplier and the
third party changes those charges, 2CO will provide notice to Supplier if 2CO
receives notice from the third party in advance of the effective date of such
third party increases. Provided, further, that 2CO may charge such increases to
Supplier upon the effective date of the third party increase, regardless of
whether or not 2CO provides notice to Supplier.
13.
PAY PERIODS AND
PAYMENT SCHEDULES
Standard pay Periods:
A standard pay period is one week in length,
commencing at 12:00 p.m. (Noon) on Wednesday and ending immediately prior to 12
p.m. on the following Wednesday ("Payment Cycle"). Payments due to
Supplier, consisting of the sum of the deposits received for the prices charged
by 2CO for all Transactions less all fees and charges due 2CO ("Purchase
Payment") will be paid each Thursday.
Delay in Payment:
Purchase Payments may be delayed by 2CO while 2CO
verifies certain aspects of any Transaction, including without limitation,
proof of shipment of the Product ("Verification Processes").
Verification Processes will be established by 2CO and may be modified in 2CO's
discretion to ensure the quality of products and services provided by Supplier.
In the event 2CO, in its discretion, determines that
there is a need for an investigation and analysis regarding fraud or violation
of law relating to the transactions performed on behalf of Supplier, 2CO may
withhold payment of Purchase Payments to Supplier without penalty to enable 2CO
to complete such investigation and analysis. In the event it is determined that
there has been fraud or a violation of law, 2CO may withhold payment of the
Purchase Payments to Supplier indefinitely.
Payment Date:
Accounts will not be eligible for a Purchase Payment
until the end of the Payment Cycle following the Payment Cycle in which
Supplier commenced doing business with 2CO.
No Interest:
In no event shall Supplier earn any interest on, or
any other form of earnings for, any Purchase Payments or funds held in the
Reserve, regardless of the length of time during which 2CO is in possession of
such funds.
Inability to Pay
Supplier:
If 2CO is unable to complete a payment to you because
the banking instructions entered on the Account are incorrect, no banking
instructions are listed on the Account, or 2CO is unable to contact you because
the contact information you provided is incorrect, then the account may be
considered to be abandoned and will be treated as an Inactive Account. 2CO
shall have no liability for a failure to complete a payment to the Supplier if
one or more of these conditions exist.
14.
PAYMENT OF FEES AND
CHARGES
Deduction from
Purchase Price:
Supplier hereby grants 2CO the right to deduct all
fees, charges, fines, penalties, wire transfer charges and other expenses that
the Supplier is responsible for from the purchase price of Products resold to
Customers by 2CO prior to making any payment to Supplier.
In the event a Refund is paid to a Customer by 2CO for
a Transaction, Supplier will be obligated to reimburse 2CO for the amount of
the Refund. In the event the funds for the purchase that is the subject of the
Refund have not been paid to Supplier, 2CO may deduct the amount of the Refund
from funds due to Supplier, or from the Reserve.
In the event 2CO, in its sole discretion, has any reasonable
doubt as to whether the Supplier has delivered the Product to the Customer, or
any reasonable doubt that the Product delivered to the Customer was as
advertised by Supplier, 2CO may withhold the applicable Purchase Payment until
2CO is satisfied that Supplier has performed its obligations to the Customer.
Direct Payment from
Supplier:
Supplier hereby grants 2CO the right to deduct all
fees, charges, fines, penalties and other expenses that the Supplier is
responsible for from the Direct Deposit Account (“DDA”) into which 2CO is to
deposit proceeds to Supplier from a Transaction. Supplier will, upon demand by
2CO execute any documentation required by Supplier's financial institution to
enable 2CO to make such deductions.
Retention of Funds for
Damages, Refunds and Failure to Deliver:
Pursuant to the Agreement, Supplier is liable to 2CO
for damages, costs and expenses, including attorney fees, incurred by 2CO which
result from a breach of the agreement by Supplier. 2CO shall retain all funds
it has that are attributable to Supplier, including any amounts in the Reserve
which is established pursuant to Section 14, until such time as a determination
is made as to the amount of damages, costs and expenses incurred by 2CO. Upon
making such determination, 2CO may apply as much of the funds being held as is
necessary to reimburse 2CO.
Reserve Policy:
2CO will retain a rolling reserve from each Supplier's
account equal to five percent (5%) of gross sales ("Reserve") from
each Purchase Payment to the Supplier. The Reserve is in addition to the fees
and charges that will be assessed against Supplier and each deduction from
Purchase Payments to Supplier shall be held for at least ninety (90) days from
the date the Purchase Payment was made. In the event 2CO deems it necessary,
2CO may, in its sole discretion, hold a deducted amount for more than 90 days.
In addition, 2CO may increase the percentage of gross
sales held for Reserve if there are excessive Disputes, Refunds or Returns, or
if 2CO, in its sole discretion, deems that either the Supplier or the Products
offered by the Supplier create a financial or reputational risk to 2CO, or if
2CO otherwise reasonably deems itself insecure.
The funds held by 2CO in the Reserve will accrue no
interest, or any other earnings.
Withdrawal From
Reserve:
Supplier hereby grants 2CO the right to deduct all
fees, charges, fines, penalties and other expenses that the Supplier is
responsible for from the Reserve if an active balance has not been maintained
in Supplier's Account, or if the active balance in Supplier's Account is
insufficient to pay all monies due to 2CO.
15.
PAYMENT OPTIONS
U.S. Suppliers:
Suppliers based in the United States can elect to have
Purchase Payments paid by direct ACH deposit or by check. ACH transactions are
performed at no cost to Supplier. The fees for the selected option are as
described in the Fee Schedule under the category Fees
For Payment Options.
Canadian Suppliers:
Suppliers based in Canada can elect to have Purchase
Payments paid by direct ACH deposit, check payment or wire transfer. The fees
for the selected option are as described in the Fee Schedule under the category
Fees For Payment Options.
Non-US or Canadian
Suppliers:
Suppliers not based in the United States or Canada can
elect to have Purchase Payments paid by wire transfer or check. The fees for
the Selected option are as described in the Fee Schedule under the category Fees
For Payment Options.
In the event wire transfers are used to pay proceeds
to Supplier, all wire transfer fees will be deducted from the proceeds paid to
Supplier.
Payment Account:
The name and entity type on the account elected by a
Supplier for receipt of its payments (“Payment Account”) must match the name
and entity type of the Supplier, as listed in the Supplier's 2CO Registration
Form.
Minimum Payment
Amounts:
The minimum amount for payment by check is $100.00,
for payment by wire transfer the minimum amount is $300.00, for payment by
Payoneer the minimum amount is $20.00, and for payment by DEFT or ACH the
minimum amount is $10. All payments made to Supplier are in USD.
Release Levels:
Suppliers electing to receive Purchase Payments by
wire transfer or check may specify a release level higher than the minimum
payment amount. Purchase Payments due Supplier may be held by 2CO in an account
containing funds other than those due to Supplier until the specified release
level has been reached.
Change in Percentages,
Time Frames and Minimums:
2CO may change any of the percentages, time frames or
minimums set forth in this Section 15. Such changes become effective when
posted upon 2CO's website.
Claim of Error:
In the event Supplier believes that 2CO has committed
an error in the payment to Supplier, Supplier shall notify 2CO in accordance
with Section 19 of the Agreement within thirty (30) days of receipt of a
Purchase Payment from 2CO, or if no Purchase Payment is received, within thirty
(30) days of the delivery of a statement from 2CO. Supplier's failure to so
notify 2CO shall be deemed to be an acceptance of the Purchase Payment or
statement.
16.
INACTIVE ACCOUNTS:
Any Account with no activity (i.e., Supplier login,
Customer Order, or Supplier payment) for 6 consecutive months will be
considered to be an "Inactive Account." An Account will continue to
be designated as an Inactive Account so long as there is no activity on the
Account. Inactive Accounts will be treated in accordance with the terms set
forth in Schedule A, including without limitation, the assessment of an
Inactive Account Maintenance Fee. Inactive Account Maintenance Fees are
described in Schedule A under the category Inactive Account
Maintenance Fees.
17.
PATRIOT ACT COMPLIANCE
In the ongoing fight against terrorist activities, the
United States government has enacted certain laws and regulations. 2CO supports
the efforts of the United States government in these efforts and will fully
comply with all laws and regulations regarding those efforts. To the extent
such efforts affect Supplier, 2CO shall have no liability to Supplier for any
claim of loss, cost or damage suffered by Supplier, including without
limitation, the loss of revenue.
2CO is also fully committed to helping in the
elimination of money laundering. As such, 2CO will assist the US Government is
their efforts to combat this worldwide problem through the Anti-Money Laundering
section of the Patriot Act in any way possible.
18.
DISPUTE RESOLUTION
Parties shall resolve their disputes in accordance
with this Section.
The laws of the State of Ohio, without reference to
its conflict of law principles, govern this Agreement.
Any claim or suit arising out of or related to this
Agreement must be brought exclusively in the federal or state courts located in
the State of Ohio, Franklin County, U.S.A, except as otherwise agreed by the
parties or as described in the Arbitration Option subsection below.
Affiliate consents to the exclusive jurisdiction of such courts for the purpose
of litigating these claims or suits.
Parties, to the extent permitted by law,
knowingly, voluntarily, and intentionally waive their right to a trial by jury
in any action or other legal proceeding arising out of or relating to this
Agreement. This waiver applies to any action or legal proceeding, whether
sounding in contract, tort, or otherwise.
Parties may elect to resolve a dispute or claim using
binding, non-appearance-based arbitration. This arbitration option does
not apply to: (1) Claims exceeding $10,000; (2) Disputes relating to
injunctive relief or other equitable relief; or (3) Claims relating to 2CO’s
intellectual property.
Parties shall arbitrate these claims through a
reputable alternative dispute resolution provider agreed upon by the
parties. The parties and the alternative dispute resolution provider
shall conduct the arbitration: (1) By phone, online, or by written
submissions elected by the parties; (2) Without the need for personal
appearance by either party; and (3) Without the need for the appearance of
witnesses unless otherwise agreed in writing by both parties.
Furthermore, the judgment on the award rendered by the
arbitrator may be entered in a court of competent jurisdiction.
Parties shall resolve their disputes using only the
options available under this Dispute Resolution Section. All claims or
suits filed contrary to this Dispute Resolution Section are improperly filed
and a breach of this Agreement. 2CO may recover attorneys’ fees or costs
for improperly filed claims.
19.
NO THIRD-PARTY
BENEFICIARY
Each of 2CO and Supplier are entering into the Agreement
solely based on the terms and conditions contained in the Agreement for its own
purposes and not for the benefit of any third party.
Rev:
September 29, 2010
tiene un precio promedio de 4.5 USD (dólares norteamericanos), pues depende de la cantidad comprada porque disponemos de cajas de 6, 12 y 24 unidades y puede arreglar ó reparar de 2 a 4 balones o pelotas con cada unidad, es decir una reparacion le cuesta aproximadamente 1.5 USD.
