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 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 cheat sheets.

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 and Products 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 credit card fee listed in the Fee Table in section 5 below. Service does not charge a per-registrant fee. Service does not charge a per-transaction fee for alternative forms of payment, such as Pay-At-Door, Mail in check, PO, etc.

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.

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.

rsvpBOOK.com Gateway (Option D):

7.2 In respect of retail 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 Funds

rsvpBOOK.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
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.

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