Payment Responsibility Agreement

By accessing, employing, or initiating any payment functions within the Software, the User, a duly authorized representative of a company or entity, expressly acknowledges, understands, and consents to be bound by the terms delineated in this Agreement. Such representation implies that the signatory possesses the necessary legal capacity and authority to bind the company or entity to these terms.

It is imperative for Users, or their representatives, to thoroughly read and grasp these terms prior to utilizing the payment aspects of the Software. This Agreement may function in tandem with other prevailing terms of service, end-user license agreements, or additional contractual instruments associated with the Software. In scenarios where discrepancies arise between this Agreement and other such documents, the terms of this Agreement shall hold precedence concerning payment responsibilities. Should the User, or its representative, disagree with the terms presented herein, they are advised against using the Servgrow Payment functions of the Software.

We offer you the possibility, at our discretion, to use our payment processing service, known as "Servgrow Payments". This allows you to handle your customers' payments through credit or debit card or ACH, provided we approve your eligibility for such services. Please note that certain fees apply, which we will disclose to you during registration. By choosing to use Servgrow Payments, you accept that we may employ third-party payment processors or other service providers ("Third Party Payment Processors"). Their respective terms and privacy policies are applicable to you. At present, we are working with Stripe as our payment processor. When you sign up for or utilize Servgrow Payments, you commit to adhering to the Stripe Services Agreement and Stripe Connected Account Agreement, among any other terms outlined. We want to make clear that Servgrow is not responsible for any actions or neglect by any third party, including any Third Party Payment Processor. Please see below for further terms and conditions regarding your access to and use of Servgrow Payments.

You acknowledge that all payment or financial card (“Card”) transactions (except those conducted using card readers provided by us) are processed as “card not present” transactions, even where the consumer is at the physical point of sale and a consumer has different Chargeback rights for “card not present” transactions than for transactions where the buyer physically presents the card to the seller.

We will review some or all of the information that you submit in connection with your request to sign up for Servgrow Payments. We may forward such information to Third Party Payment Processors. After you submit your application, we or our payment processor may conclude that you will not be permitted to use the Service.

From time to time, and in our sole discretion, we review account and transaction activity, including when bank transfers are initiated, to evaluate your eligibility, or continued eligibility, to access our processing and other financial related product offerings. This review checks for, among other things, suspicious or illegal activity, and whether your account activity and the activity of users with whom you’ve transacted comply with this Agreement. In connection with our review process, you may be required to provide us with additional information and/or documentation to verify your identity, company information, or financial standing. We also may obtain information from third parties, including but not limited to consumers and banks, and we may contact your customers to obtain relevant information. We may limit your account and your access to money in it or that is sent to you until verification is completed.

We may impose various transaction limits and rules on Users. If you believe that the transaction limits are interfering with your business, please contact our support to request higher limits. We may require more information about your business to evaluate your request and will decide at our sole discretion whether to honor such requests. We will consider a variety of factors in making our decision, including but not limited to a proprietary set of rules, Chargeback rates, transaction behavior, and other supplemental data about your business.

It is not permitted to utilize card transactions for purposes that are not associated with the operations detailed in your Company Profile. To specify, you cannot use card transactions for shipping goods, selling products that are unrelated to the on-site work outlined in your Company Profile, facilitating or receiving loan payments, securing cash advances, or transacting involving motor vehicles.

You agree to pay payment processing or other transaction-related fees (“Fees”) in addition to our subscription fee. We reserve the right to change our Fees at any time in our sole discretion.

We will transfer to your designated bank account (identified as the bank account specified in your Servgrow account) the net amounts we receive from transactions executed through the Service. This amount is calculated after deducting any relevant fees and any outstanding payments you owe Servgrow. We retain the right to modify our payment schedule. Once we've verified your US bank account details, we'll automatically process a payout to your chosen bank account at the end of each business day, barring certain circumstances. Normally, payouts should appear in your bank account within 3-4 business days, depending on your bank's procedures. We may also give you the option to distribute funds to multiple accounts. The funds from any specific transaction will not be deposited until the transaction is classified as complete. A transaction is considered complete when either we or the assigned financial institutions have approved the transaction or funds. If we find any processing errors, we'll strive to correct them and may retain funds during our investigation of these errors. You are responsible for monitoring your transactions and ensuring our payments to you are accurate. If you find any discrepancies in the payments we've made to you, you must notify us within sixty (60) days of the error first appearing in your electronic transaction history. Failing to do so will be seen as a waiver of any rights to the amounts owed to you. However, even if you notify us within the sixty (60) day period, it does not guarantee that the error can be rectified.

Should we need to conduct an investigation or resolve any suspicious activity or pending dispute related your account, we may delay payout or restrict access to your funds for the entire time it takes for us to do so. We also may delay payout or restrict access to your funds as required by law or court order, or if otherwise requested by law enforcement or governmental entities.

The amount of a transaction may be reversed or charged back to your bank account (a “Chargeback”) if the transaction (a) is disputed, (b) is reversed for any reason by the Card Associations (defined below), our processor, or a payer’s or our financial institution, (c) was not authorized or we have any reason to believe that the transaction was not authorized, or (d) is allegedly unlawful, suspicious, or in violation of the terms of this Agreement. There is a non-refundable $30 fee for each Chargeback regardless of the outcome of the dispute. For any transaction that results in a Chargeback, we may withhold the Chargeback amount in a Reserve (defined below). In the event a consumer charges back or disputes a payment that we have processed and caused funds to be delivered to your account, our payment processor Stripe may withhold or take back such amounts while the charge is in dispute.  In such event, if your account does not have sufficient funds, we may be required to advance such funds to Stripe on your behalf. If this occurs, you agree that we are entitled to be reimbursed by you immediately, and that your sole remedy lies with your customer and your customer’s bank. We may deduct the amount of any Chargeback and any associated fees, fines, or penalties assessed by the card-issuing bank or organization (“Card Association”) or our processor from your bank account (including without limitation any Reserve), from any proceeds due to you, your bank account, or from any other payment instruments registered with us. If you have pending Chargebacks, we may delay payouts to your bank account. Further, if we reasonably believe that a Chargeback is likely with respect to any transaction, we may withhold the amount of the potential Chargeback from payments otherwise due to you under this Agreement until such time that (a) a Chargeback is assessed due to a customer’s complaint, in which case we will retain the funds, (b) the period of time under applicable law or regulation by which the customer may dispute that the transaction has expired or (c) we determine that a Chargeback on the transaction will not occur. If we are unable to recover funds related to a Chargeback for which you are liable, you will pay us the full amount of the Chargeback immediately upon demand. You agree to pay all costs and expenses, including without limitation attorneys’ fees and other legal expenses, incurred by or on behalf of us in connection with the collection of all the Users account deficit balances unpaid by you. Any bank account or Card information may be held by Servgrow in order to satisfy any account balances, disputes, refunds, Chargebacks or other liabilities or obligations after leaving or terminating the Service.

If we determine, in our sole discretion, that you are incurring an excessive amount of Chargebacks, we may establish controls or conditions governing your account, including without limitation, by (a) establishing new processing Fees, (b) creating a Reserve in an amount reasonably determined by us to cover anticipated Chargebacks and related fees, (c) delaying payouts and (d) terminating or suspending your access to the Service.

If we have reasonable suspicion of misuse, we may temporarily suspend or delay payments to you and/or designate an amount of funds that we must maintain in a separate reserve account (a “Reserve”) to secure the performance of your payment obligations under this Agreement. We may require a Reserve for any reason, including if you have a high rate of Chargebacks or refunds, or other indications of performance problems related to your use of the Service. The Reserve will be in an amount as reasonably determined by us to cover anticipated Chargebacks, returns, unshipped merchandise and/or unfulfilled products or services or credit risk based on your processing history or such amount designated by our processor. The Reserve may be raised, reduced or removed at any time by us, in our sole discretion, based on your payment history, a credit review, the amount of any arbitration award or court judgment against you in our favor, or otherwise as we or our processor may determine or require. If you do not have sufficient funds in your Reserve, we may fund the Reserve from any funding source associated with your account, including but not limited to any funds (a) due to you under this Agreement or (b) available in your bank account, or other payment instrument registered with us. You grant us a security interest in and lien on any and all funds held in any Reserve, and also authorize us to make any withdrawals or debits from the Reserve, without prior notice to you, to collect amounts that you owe us under this Agreement, including without limitation for any reversals of deposits or transfers made to your bank account.

You are responsible for determining any and all taxes assessed, incurred, or required to be collected, paid, or withheld for any reason in connection with your use of our Service (“Taxes”). You also are solely responsible for collecting, withholding, reporting, and remitting correct Taxes to the appropriate tax authority. If in a given calendar year you receive more than $600 in gross amount of payments, we will report annually to the Internal Revenue Service (“IRS”), as required by law, your name, company name, address, Tax Identification Number the total dollar amount of the payments you receive in a calendar year, and the total dollar amount of the payments you receive for each month in a calendar year. It is your responsibility to ensure that your business name and Tax Identification Number as provided to Servgrow are accurate and up to date.  

You agree to process returns, and provide refunds and adjustments, for your goods or services through your Pro account in accordance with these terms and any applicable Card Association Rules. Card Association Rules may require that you will (a) maintain a fair return, cancellation or adjustment policy, (b) disclose your return or cancellation policy to customers at the time of purchase, (c) not give cash refunds to a customer in connection with a Card sale, unless required by law and (d) not accept cash or any other item of value for preparing a Card sale refund. You are responsible for knowing and adhering to the Card Association Rules applicable to you, and Servgrow will not be liable for any violation by you of the Card Association Rules. The amount of the refund/ adjustment must include any associated taxes required to be refunded and cannot exceed the amount shown as the total on the original sales data except by the exact amount required to reimburse the customer for postage that the customer paid to return merchandise. If you accept returns and are making an uneven exchange of merchandise (e.g., the sales price is not the same), you must issue a credit for the total amount of the merchandise being returned and complete a new sale for any new merchandise. Please be aware, if your refund policy prohibits returns or is unsatisfactory to the buyer, you may still receive a Chargeback relating to such sales. You can process a refund through your account up to sixty (60) days from the day you accepted the payment. If the balance in your account is insufficient to cover the refund, we will withdraw up to the requested refund amount from your bank account and credit it back to your customer’s Card. Transaction Fees are also refunded, so the full purchase amount is always returned to your customer. We have no obligation to accept any returns of any of your goods or services on your behalf.

We provide you an online transaction history of all of your authorized transactions. Except as required by law, you are solely responsible for (a) compiling and retaining permanent records of all transactions and other data associated with your account and your use of the Service and (b) reconciling all transactional information that is associated with your account.

By accessing and using Servgrow Payments (the "Payment Processor"), you, the "User" or "Users," agree that an active, paid subscription to the Software is a mandatory prerequisite. This requirement is essential to ensure the integrity and security of our payment processing services. An active subscription allows us to maintain up-to-date security measures, provide continuous support, and prevent fraudulent activities, thereby protecting both our Users and their customers from potential threats. Your compliance with this policy helps us deliver a reliable and secure payment processing solution.

If your answer included 'no', you will need to move to an active paid subscription prior to us processing this agreement. To move to an active paid subscription, you will need to add a valid payment method via your 'billing' page. If you're on a 'Free Trial', please contact us via chat within the Software and we'll move you to an active paid subscription.

If you answered 'yes', we will process and review this agreement immediately. Please note that this approval process could take up to 7 business days.

Must be completed by the company owner

Must be completed by the company owner

By affixing their signature below, the undersigned User, acting as a duly authorized representative of a company or entity, hereby acknowledges having read, understood, and fully considered all the terms and conditions set forth in this Payment Responsibility Agreement pertaining to the Software. The undersigned further affirms agreement to, and acceptance of, all such terms and accepts all responsibilities and obligations therein. If the User or the entity they represent does not agree to these terms in their entirety, they should refrain from using the payment functionalities of the Software.