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.
Terms and Conditions
1. Background
and Definitions
1.1 rsvpBOOK, LLC. ("rsvpBOOK")
operates two websites known as "rsvpBOOK.com" and "rsvpREGISTER.com"
(the "Websites"), 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 while the
Service available through rsvpREGISTER.com facilitates specialized
online registration for some of those events.
1.2 Individuals who register
with the Service and otherwise meet the membership criteria
established on the Websites are known as "Members." "Users"
means all individuals who access the Websites 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 Websites.
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 Websites 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
Websites. 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
Websites 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 A: 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 are available
and compatible with our servers. There are many standard
protocols available and most banks participate in at least
one.
Option B: 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 Websites 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 in Option A above.
Option C: 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, as with the merchant accounts referenced
in Option B, neither rsvpBOOK nor the Websites are involved
in submitting applications to PayPal 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 set up your PayPal merchant account and
configure it to work with the Service's checkout pages.
Our Support page contains links to PayPal help documents.
Option D: rsvpBOOK.com Gateway:
If you do not have a merchant account and choose not to
establish one as provided above, rsvpBOOK.com may charge
a per-transaction fee. See the Fee Table
below. This option is subject to credit approval by the
Service.
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 Websites and
the Service, and to seek all available legal and equitable
remedies for such breach.
4. Fees
Organizer's Merchant Account (Option A and B):
Service does not charge a per-transaction nor a per-registrant
fee for using your own merchant account.
PayPal Merchant Accounts (Option C): Service does
not charge a per-transaction nor a per-registrant fee for
using your PayPal merchant account.
rsvpBOOK.com Payment Gateway (Option D): Service
charges a per-transaction fee listed in the Fee Table in
section 5 below. Service does not charge a per-transaction
fee for alternative forms of payment, such as Pay-At-Door,
Mail in check, PO and all other non-credit card forms of
payment.
5. 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 purchase 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.
Organizer's Merchant
Account (Option A and B)
FEE TABLE1
(as of September 1, 2011)
rsvpBOOK.com Gateway
(Option D)
FEE TABLE1
(as of September 1, 2011)
Per-transaction fee:
Per-registrant fee:
This fee applies only when using
Service's credit card processing gateway.
$1.50
Visa, Mastercard processing
6.55%
Visa, Mastercard non-qualified processing
6.55%
American Express processing
6.55%
Discover processing
6.55%
Chargeback processing*
$75.00
Refund processing*
$39.00
Rolling reserves**
10%
1Credit card
per-transaction rates are subject to change without notice.
* Indicates charge is per chargeback or refund
** For information on rolling reserves, see section 8
below
6. Payments to Organizer
rsvpBOOK.com Gateway (Option D): As part of the Service,
rsvpBOOK will collect and pay Event Revenues to Organizer
on a bi-weekly basis. Organizer hereby authorizes rsvpBOOK
to deduct per-transaction fees in accordance with Section
2, Option D from the Event Revenues prior to any payment to
Organizer. rsvpBOOK will provide a full accounting of all
fees and other charges along with every payment, and will
provide a final accounting within 60-90 days after Organizer
changes its event site's status to Offline,
and notifies rsvpBOOK by email that its status has been changed to Offline.
7. Cancellations, Refunds and Chargebacks
Policy
7.1 If Organizer has their
own merchant account or a PayPal merchant account (Options
A, B, or C), rsvpBOOK and the Websites 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.
7.2 In respect of
sales through the Websites, rsvpBOOK will not initiate any
cancellations or refunds to Purchaser without Organizer's
prior written authorization, via a form available on the
Organizer's Admin Dashboard. rsvpBOOK reserves the right
to require, in its sole discretion, fax authorization with
Organizer's signature for specific cancellations or refunds.
7.3 rsvpBOOK will credit
Purchaser's credit card within 48 hours upon receipt of
written authorization (and fax authorization, if required)
from Organizer authorizing the refund. rsvpBOOK may charge
a refund fee, plus any credit card processing fees (if applicable),
for each cancelled or refunded transaction that it processes
at Organizer's request. The fee for refund processing is
set forth in the Fee Table in Section 5
above.
7.4 A chargeback occurs
when a Purchaser contests a charge processed through the
Websites on his or her credit card. All credit card chargebacks
initiated by the Purchaser (as well as all associated credit
card fees) will be deducted from Organizer's Event Revenues.
The fee for chargeback processing is set forth in the Fee
Table in Section 5 above.
8. Rolling Reserve FundsrsvpBOOK.com
Payment Gateway (Option D): rsvpBOOK will withhold up
to 10% of Event Revenues (see the Fee Table in Section 5
above) for any Event for a period of up to 60-90 days after
the Event's end-date to ensure that the Event takes place
and to allow for the processing of cancellations, refund requests
and chargebacks. If the total amount of cancellations, refunds
or chargebacks (and applicable fees) exceeds the balance of
the Organizer's rolling reserve, rsvpBOOK will invoice Organizer
for such costs and fees. Organizer will pay all invoices within
5 business days after receipt. All payments to Organizer are
subject to a post-event audit by rsvpBOOK, prior to the final
disbursement.
9. Risk Analysis
9.1 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.
9.2 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.
9.3 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 Websites and
the Service, and to seek all available legal and equitable
remedies for such breach.
10. Term and Termination
10.1 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.
10.2 If this Agreement
is terminated prior to the start-date of the event, then
the refund policy as outlined in Section 4.2 of the Terms
of Service shall be in effect, less any and all payment
processing charges already accrued. If this Agreement is
terminated on or after the start-date of the event, or after
a User has registered for the event (as described in Section
4.2 of the Terms of Service) then no refund shall be provided
to Organizer.
10.3 Organizer's warranties
and representations and the Indemnification provision of
this Agreement shall survive any termination of the Agreement.
11. Indemnity
11.1 You agree to indemnify
and hold rsvpBOOK, the Websites 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
Websites or the Service, your use of the Websites 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.
11.2 rsvpBOOK and the Websites
may use or provide links to third party providers but neither
rsvpBOOK nor the Websites 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 (merchant
processor), or any hosting services.
12. Limitation of Liability
12.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT rsvpBOOK,
RSVPBOOK.COM, RSVPREGISTER.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.com, LLC. HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE
OR THE INABILITY TO USE THE WEBSITES OR THE SERVICE; (ii)
THE LOSS OR MISDIRECTION OF ANY ELECTRONIC EMAIL SENT THROUGH
THE COURSE OF USING THE WEBSITES 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 WEBSITES OR YOUR
DOWNLOADING OF ANY CONTENT, MATERIALS, DATA, TEXT, IMAGES,
VIDEO OR AUDIO FROM THE WEBSITES, OR (vii) ANY OTHER MATTER
RELATING TO THE SERVICE.
12.2 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.
13. Miscellaneous
13.1 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 Websites, govern your
use of the Websites and the Service.
13.2 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.
13.3 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.
13.4 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 Websites
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.
13.5 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 Websites:
rsvpBOOK.com, LLC.
attn: Legal Department
4700 S. McClintock Drive
Suite 102
Tempe, AZ 85282
Phone: 888-933-8484 or 480-730-0842
Fax: 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 Websites 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.
13.6 The section titles
in this Agreement are for convenience only and have no legal
or contractual effect.
rsvpBOOK has been very useful in helping MCCOY better manage our events – not only are we working more efficiently, we are more effective – registration has increased for events across the board. Customer service is outstanding. Response to our questions or a request for help is answered immediately. Additionally, rsvpBOOK has added functionality to their service in response to our requests, making the use of this service even better.
—Natalie Mazanowski, MCCOY (Marian County Commission on Youth)
rsvpBOOK.com was founded on the concept of an online event planning, management and registration solution that
can help groups both large and small. Feedback and support from our customers has made rsvpBOOK what it is today, and will continue to shape us into the future.
rsvpBOOK has been very useful in helping MCCOY better manage our events – not only are we working more efficiently, we are more effective – registration has increased for events across the board. Customer service is outstanding. Response to our questions or a request for help is answered immediately. Additionally, rsvpBOOK has added functionality to their service in response to our requests, making the use of this service even better.
