Payment Processing Agreement
This Payment Processing Agreement ("Agreement") governs the processing of credit card payments made in connection with your use of this Website. By using this Website, you agree to the application of this Agreement to any payments that are made in connection with your use. If you do not agree to all of the terms of this Agreement, you are not authorized to use this Website.
1. Background and Definitions
- 1.1 rsvpBOOK, LLC. ("rsvpBOOK") operates
one website known as "rsvpBOOK.com" (the "Website"),
through which rsvpBOOK offers an online event registration service (the
"Service"). The Service offered through rsvpBOOK.com facilitates
the creation and management of events with online registration.
- 1.2 Individuals who register with the Service and otherwise meet the membership criteria established on the Website are known as "Members." "Users" means all individuals who access the Website or otherwise use any portion of the Service, regardless of whether they have registered as Members, including those individuals who are registrants to any event organized using the Website.
- 1.3 Each individual who registers and organizes an event or events through the Service is known as "Organizer." "Ticket" means any and all forms of confirmations, donations, dues, fees, invitations, licenses, registrations, reservations, tickets, or tuitions that allow Purchasers to access or participate in Organizer's event. "Product" means any additional tangible good or service offered for sale by Organizer through the Service. "Purchaser" means each person who purchases one or more Tickets and/or Products through Service. "Event Revenues" means all monies paid by Purchasers through the Website for Tickets and/or Products in connection with an Organizer's event.
- 1.4 This Agreement forms part of, is subject to, and should be read in connection with, the Terms of Service applicable to the use of the Website. If there is any conflict with or inconsistency between this Agreement and the Terms of Service, the Terms of Services will control.
2. Overview of Payment Processing Services
Part of the Service provided through the Website is to assist Organizer in accepting and processing credit card payments from Purchasers for Tickets and Products offered. There are four options available to you for how the Service can provide credit card processing services:
- (Option 1) Connect to your Merchant Account: If you already have a merchant account, we can connect your online registration web site directly to your merchant account, provided gateway protocols to/from your bank and/or gateway are available and compatible with our servers. There are many standard protocols available and most banks participate in at least one.
- (Option 2) Apply for your own Merchant Account: If you do not have a merchant account, we may be able to assist you in setting one up through our partners. We will provide a recommended source from which you can apply for your merchant account. Please note that neither rsvpBOOK nor the Website are involved in submitting applications nor are we involved in the approval process. Furthermore, we make no representations or warranties regarding the bank or other entity with whom you may apply for the merchant account. If you are successful in obtaining a merchant account, we may be able to connect it to your registration web site as described above.
- (Option 3) Set up your own Merchant Account
on PayPal: If you do not have a merchant account, you may be
able to set one up through PayPal's online merchant account system.
A PayPal merchant account may be an affordable alternative to a traditional
merchant account as PayPal's fees are based on completed transactions
only and there are no setup fees. Please note that neither rsvpBOOK
nor the Website is involved in submitting PayPal applications nor are
we involved in PayPal's approval process. We make no representations
or warranties regarding PayPal or any service that it may provide.
PayPal provides a comprehensive description of its credit card processing functionality and merchant accounts on its merchant account website. Click here to be redirected to PayPal Merchant Accounts
We provide simple instructions on how to configure your PayPal merchant account to work with the Service's checkout pages.
3. Organizer's Obligations Regarding Fulfillment
Organizer warrants and represents that it shall accept, honor and fulfill the sales of Tickets through Service. Verification of Purchaser name, identification, contact information or membership status is the responsibility of Organizer. Any violation of this provision shall be considered a material breach of this Agreement and the Terms of Service and will give rsvpBOOK the option (but not the obligation) to immediately terminate Organizer's use of the Website and the Service, and to seek all available legal and equitable remedies for such breach.
4. Fee Table
The Fee Tables below set forth the fees applicable to the Service. The Fee Tables are subject to change without notice. If the fees change after you initiate Online Payment Processing, your existing transactions will not be affected by the new rates, but any new transactions will be subject to the new rates.
rsvpBOOK's Per Registrant Fee | FEE TABLE1 (as of February 1, 2024) |
---|---|
*Applies to all registrants regardless of their registrant status, even if they cancel their registration. Non-Profit discounts are available if documentation is provided. |
|
rsvpBOOK per registrant fee* | $ 8.00 |
Annual License Fee | $ 1,800 |
5. Cancellations, Refunds and Chargebacks Policy
- 5.1 If Organizer has their own merchant account or
a PayPal merchant account, rsvpBOOK and the Website will not be involved
in Organizer's cancellations, refunds or chargebacks. Organizer may manage
its credit card processing through Organizer's own credit card processing
gateway or through Paypal.
6. Risk Analysis
- 6.1 Upon written request from rsvpBOOK, Organizer shall
provide rsvpBOOK with such information and/or references as reasonably
necessary to allow rsvpBOOK to perform an evaluation of Organizer's
financial ability to pay the fees related to the Service and to cover
event cancellations, refunds, and chargebacks.
- 6.2 If rsvpBOOK determines, at its sole discretion,
that the event is a high-risk event or Organizer lacks the ability to
pay the fees or cover event cancellations, refunds, and chargebacks,
Organizer shall provide guarantees from an individual or entity acceptable
to rsvpBOOK.
- 6.3 The failure to provide any such information or guarantees required by rsvpBOOK will constitute a material breach of this Agreement and will give rsvpBOOK the option (but not the obligation) to immediately terminate Organizer's use of the Website and the Service, and to seek all available legal and equitable remedies for such breach.
7. Term and Termination
- 7.1 This Agreement will remain in full force and
effect for so long as any payments, chargebacks, cancellations or refunds
are being processed in connection with any event of Organizer, and for
up to 90 days thereafter. Either party may terminate this Agreement
by written notice to the other party, but no termination will affect
either party's liability for payments or fees that have become payable
prior to such termination. For the avoidance of doubt, this Agreement
shall not terminate with respect to any liability or obligations relating
to chargebacks arising from any event of Organizer.
- 7.2 Organizer's warranties and representations and the Indemnification provision of this Agreement shall survive any termination of the Agreement.
8. Indemnity
- 8.1 You agree to indemnify and hold rsvpBOOK, the
Website and their subsidiaries, affiliates, officers, agents, and employees,
harmless from any claim or demand, including reasonable attorney's fees,
made by any third party due to or arising out of content you submit,
post, transmit or make available through the Website or the Service,
your use of the Website or the Service, your violation of this Agreement
or the Terms of Service, or your violation or infringement of any rights
of another person or entity.
- 8.2 rsvpBOOK and the Website may use or provide links to third party providers but neither rsvpBOOK nor the Website provides any warranty nor accepts any liability for any losses or liabilities resulting from or related to any non-performance or failures of those providers, including but not limited to GeoTrust, LinkPoint, NMI (merchant processors), or any hosting services.
9. Limitation of Liability
- 9.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT rsvpBOOK,
RSVPBOOK.COM AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, OFFICERS,
AGENTS, AND EMPLOYEES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT
NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR
OTHER INTANGIBLE LOSSES (EVEN IF rsvpBOOK, LLC. HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR
THE INABILITY TO USE THE WEBSITE OR THE SERVICE; (ii) THE LOSS OR MISDIRECTION
OF ANY ELECTRONIC EMAIL SENT THROUGH THE COURSE OF USING THE WEBSITE
OR THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS
OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE;
(v) ANY VIRUSES OR OTHER MALICIOUS SOFTWARE THAT MAY INFECT YOUR COMPUTER
EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR
BROWSING IN THE WEBSITE OR YOUR DOWNLOADING OF ANY CONTENT, MATERIALS,
DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE WEBSITE, OR (vi) ANY OTHER
MATTER RELATING TO THE SERVICE.
- 9.2 If for any reason the foregoing limitation does not apply, the liability of rsvpBOOK to any User will not exceed in the aggregate, the greater of (a) the purchase price or other fees related to the event in question or (b) fifty U.S. dollars. Some jurisdictions do not allow certain limitations on liability, thus the foregoing limitation(s) may not apply to you.
10. Miscellaneous
- 10.1 This Agreement, together with the Terms of Service,
constitute the entire Payment Processing Agreement between you and rsvpBOOK
and together with the other applicable policies that rsvpBOOK may adopt
and promulgate in connection with the Website, govern your use of the
Website and the Service.
- 10.2 This Agreement and the relationship between you
and rsvpBOOK shall be governed by the laws of the State of Arizona without
regard to its conflict of law provisions. You and rsvpBOOK agree to
submit to the personal and exclusive jurisdiction of the state and federal
courts located within the Maricopa County, Arizona.
- 10.3 The failure of rsvpBOOK to exercise or enforce
any right or provision of this Agreement and/or the Terms of Service
shall not constitute a waiver of such right or provision. If any provision
of this Agreement is found by a court of competent jurisdiction to be
invalid, the parties nevertheless agree that the court should endeavor
to give effect to the parties' intentions as reflected in the provision,
and the other provisions of this Agreement shall remain in full force
and effect.
- 10.4 You agree that regardless of any statute or law
to the contrary, any claim or cause of action arising out of or related
to use of the Website or the Service or this Agreement must be filed
within one (1) year after such claim or cause of action arose or be
forever barred.
- 10.5 Any notice required or permitted hereunder must
be given in writing and sent via Certified Mail, by telegram, or by
overnight courier, and (a) if to rsvpBOOK or the Website:
rsvpBOOK, LLC.
attn: Legal Department
PO BOX 197
Cave Creek, AZ 85327
Phone: 1-480-730-0842
Fax: 1-480-345-0938
and (b) if to Organizer, at the physical address provided by Organizer, which is defined when Organizer creates their event's Admin Contact person. Organizer hereby expressly agrees and consents to the receipt of notices via email to the email address provided to the Website by Organizer. Failure of Organizer to notify rsvpBOOK of any change in contact information within 2 calendar days shall constitute a material breach of this Agreement.
- 10.6 The section titles in this Agreement are for convenience only and have no legal or contractual effect.