Jobber Payments TERMS OF SERVICE

Effective Date: July 29, 2020
Last Updated Date: June 29, 2020

These terms and conditions (the “Payment Service Terms”) govern any and all use of the Jobber Payments Service.  These terms are supplemental to the Jobber Terms of Service and Privacy Policy which bind all users of the Website, App and Service. Capitalized terms not defined in these Payment Service Terms have the meanings given in the Jobber Terms of Service.  

1. Overview 

The Jobber Payment Service is a white-labelled payment solution which assists Users with accepting and processing payments from customers, and which is provided by a third party payment processor (the “Processor”) on behalf of Jobber as further described herein.   Jobber is not a bank or other financial institution but is instead a supplier of the Service and the Jobber Payment Service as further described in these Payment Service Terms.  By accepting this Agreement, you are also accepting and agreeing to be bound by the Processor Terms, which is the legal agreement between you and the Processor. The Jobber Payments Service is made available to Users in good standing, and at the sole discretion of Jobber at all times. Jobber reserves the right to collect certain additional information from Users in order to provide this service.  Fees for use of Jobber Payment are set forth at https://getjobber.com/features/payments/ and see further Fees in Section 10 below.   

2. Payment Services Features

a) If you register for Jobber Payments, Jobber Payments will be able to process card payments through your Jobber account, process full refunds, and allow your end users to process payment electronically. Jobber Payments will also store and manage end user cards, permit you to view transactions, deliver automated receipts, receive notification of payment disputes.  You may also obtain point of sale equipment from Jobber, subject to availability, on the terms specified in the section 2(b) below entitled Terminals.

b) Terminals.  If applicable, you may purchase point of sale terminal equipment from Jobber, you must agree to the applicable terminal purchase terms of the provider and use them within the country to which the provider initially shipped those products. In addition, the terms and conditions set out in the webstore from which you will obtain terminals, will also apply to your purchase.

3. Payment Processor

The Jobber Payments Service is currently provided by Stripe, as the Processor, on the terms of Stripe’s standard agreement(s) as further set out in Section 4 below (“Processor Terms”).  Jobber reserves the right to change the payment processor, subject to the terms of our agreement with the processor. In the event of any inconsistency between this Agreement and the Processor Terms, this Agreement shall prevail, except in the event of any inconsistency between this Agreement and the Processor Terms concerning payment processing or  your account with the processor, in which case the Processor Terms shall prevail.

3. Processor Terms

a) IN ORDER TO USE THE JOBBER PAYMENTS SERVICE PROVIDED BY STRIPE, YOU MUST FIRST AGREE TO THE STRIPE CONNECTED ACCOUNT AGREEMENT AND THE STRIPE SERVICES AGREEMENTAPPLICABLE IN YOUR JURISDICTION, AND ANY OTHER APPLICABLE STRIPE TERMS INDICTED THEREIN (“STRIPE TERMS”), ALL OF WHICH ARE HEREBY INCORPORATED BY REFERENCE INTO THESE PAYMENT TERMS.   BY ORDERING OR REGISTERING FOR THE JOBBER PAYMENTS SERVICE, YOU HEREBY REPRESENT AND WARRANT THAT YOU HAVE READ THE STRIPE TERMS AND AGREE TO BE BOUND BY THEM.

b) In order to use Stripe terminals You also agree to the Stripe Terminal Purchase Terms and Stripe Terminal Terms and use Stripe Terminal Products only within the country to which Stripe initially shipped those products. In addition, purchases of terminals through the Jobber sales page on Shopify are subject to the terms of sale set out on that site.

You acknowledge and agree that use of the Processor’s services and equipment and the applicable Processor Terms are between the Processor and You, and Jobber shall not have any liability or responsibility for any breach of the Processor Terms, or any losses, damages, expenses costs or other injuries incurred by You in connection with such agreements.

5. Registration & Payment Information

a) Accuracy of Information. As between You and Jobber, you are responsible for all the information you provide in connection with registering for and using the Jobber Payments Service. You hereby represent and warrant that you are providing true, accurate, and complete information to Jobber, and shall fully indemnify Jobber for any losses, costs, expenses incurred by Jobber or any third party arising as a result of your failure to provide accurate, timely and complete information.

b) User Authorization. If you subscribe to use the Jobber Payments Service, You hereby authorize Jobber to collect certain payment information and data (including account and transaction data, and certain personal information about your end users), and to store, use and process such information data for the purposes of providing the Jobber Payments Service.

c) Customer Consents.  It is your responsibility to obtain your customers’ consent to be billed for each Transaction or, as the case may be, on a recurring basis, in compliance with applicable legal requirements and the requirements of Visa, MasterCard, American Express or other applicable card networks.  For greater certainty, you acknowledge and agree that it is your responsibility to ensure that you comply with all applicable rules, guidelines and terms of use of any applicable card network.

6. User Covenants

You are required to obey all laws, rules, and regulations applicable to your use of the Jobber Payments Services.  You hereby covenant, represent and warrant that you will not use the Jobber Payments for any illegal, deceptive or fraudulent activity, including for any prohibited businesses, including, without limitation any activities set out on the Stripe Prohibited Business list, found here: https://stripe.com/ca/restricted-businesses. Jobber hereby reserves the right, in its sole discretion, at any time, to suspend or terminate Your account if We have a good faith reason to believe that anyone is using your account or access have engaged in any fraudulent or illegal activities, or are engaging in prohibited business activity, and to provide any relevant information to the applicable authorities in connection with any investigation of the same.

7. Reserve Accounts.

Jobber may require that certain sums of money be set aside and held in a reserve account to cover chargebacks, refunds or other payment obligations arising under this Agreement (a “Reserve Account“). Jobber, will set the terms of your Reserve Account and notify you of such terms, which may require that a certain amount (including the full amount) of the funds received for a transaction processed through the Jobber Payment Service are held for a period of time, or that additional amounts are held in the Reserve Account.  Jobber reserves the right to change the terms of the Reserve Account at any time, for any reason, based on your payment processing history or as requested by our payment processors. 

We may require you to fund the Reserve Account by means of: (i) any funds payouts made or due to you for transactions submitted to the Jobber Payments Services; (ii) other sources of funds associated with your account; or, (iii) requesting that you provide funds to us for deposit to the Reserve Account.

You acknowledge and agree that: (i) you are not entitled to any interest or other compensation associated with funds held in the Reserve Account; (ii) you have no right to direct that account; (iii) you have no legal interest in those funds or that account; and, (iv) you may not assign any interest in those funds or that account.

8. Payment-Related Issues.

a) Chargebacks; Account Balance Issues & Refund Functionality.

A chargeback is a disputed charge raised by a customer which is raised with their credit card company and can be on a variety of grounds including contesting a transaction as fraudulent, unrecognized or a duplicate charge or in relation to non-receipt of products or services or poor quality of the same.   You are solely responsible for all reversed or charged back transactions, including any processing fees levied by the card company, with your customers regardless of the reason for, or timing of the reversal or chargeback and have primary responsibility for responding to and contesting (if applicable) any chargeback in respect of a transaction to which you are a party.   You can do this by contacting the applicable customer and/or submitting evidence to validate a transaction directly with the customer’s card provider.  

In the event that you do not promptly address a chargeback, You hereby grant Jobber the ongoing right and authorization to collect and submit, in its sole discretion, relevant information and evidence from your Jobber account to the applicable card company in order to address any disputed charge.  

b) Negative Account Balances & Repayment Plans

For any Jobber account which has a negative balance (eg. you provide more refunds than you receive payments and/or have a number of disputed transactions), that negative balance constitutes a debt owed to Jobber.  Accordingly, the following terms apply:

i) any payments received to that account (eg. from future customer transactions) will be applied to automatically reduce the balance.  

ii) the functionality which enables the processing of refunds through the affected account may be disabled at any time by Jobber without prior notice.  

iii) you may be required by Jobber, in Jobber’s sole discretion, to address any negative balance through a repayment plan agreement.   You acknowledge and agree that it is a condition of your being granted rights to use Jobber Payments Service that you will enter into a repayment plan agreement with Jobber if such a plan is deemed necessary by Jobber.   If you do not enter into such a plan or fail to meet the re-payment schedule in the applicable repayment plan, Jobber may terminate your account and/or take other appropriate actions permitted by law.

c) Payment Disputes

As between You and Your end users, all payment disputes between You and Your customers arising in connection with Your use of the Jobber Payments Service are between You and such end users and not you and Jobber or Jobber and your end users. Jobber shall not be liable or responsible in any way for any payment dispute between you and any third party that uses the Jobber Payments Service feature to process payments. You hereby agree to indemnify, defend and hold Jobber harmless for any costs, damages, claims, losses, expenses, liabilities incurred by Jobber in connection with any payment dispute arising between You and any end user or other third party.

9. Jobber Limitation of Liability. 

The Jobber Payments Service are provided ‘as is’ and ‘as available’ without any warranties, either express, implied or statutory.  Use of the Jobber Payments Service is at your own risk.  In addition, to the limitations of liability set out in the Jobber Terms of Service in connection with use of the Website, App and/or Service, because the Jobber Payments Service is provided and hosted by a third party service provider, we are not responsible for, and expressly disclaim all damages, whether direct and indirect, incidental, consequential, special or other damages in connection with (i) any technical issues, errors, unavailability or failures, losses, damages, loss of data, lost profits or other losses or claims originating from or arising in connection with the Processor’s platform; (ii) any unauthorized access, hacking, tampering with or to your account or the services provided by the Processor by third parties; or (iii) any software, bugs, viruses, Trojan horses, or other harmful and malicious code that may be transmitted via the Processor’s platform. 

In certain circumstances detailed in the Processor Terms, the Processor may withhold or delay processing transfers and transactions and Jobber shall not be responsible in any way for any such action taken by the Processor.  In addition, you specifically acknowledge that Jobber cannot ensure that your customers will complete a transaction or are authorized to do so.

10. Fees & Taxes

a) Transaction & Processing Fees.  You agree to pay the applicable fees for processing which apply to the processing of any transactions using the Jobber Payments Services.  

b) Terminal Fees. Fees for Terminals are set out here: https://store.getjobber.com/

c) Service Fees.  For clarity, fees for the Service are collected by Jobber pursuant to the Jobber Terms of Service.  

d) Taxes.  You are obligated to pay all applicable taxes, fees and other charges imposed by any governmental authority, including, without limitation, any value added tax, goods and services tax, harmonized sales tax and/or provincial or territorial sales tax, on the Jobber Payments Service. If you are tax-exempt, you will provide us with an appropriate certificate or other evidence of tax exemption that is satisfactory to us.

e) Fee Increases.  We reserve the right to revise our fees at any time and revised fees will take effect fourteen (14) days after notice of the increase has been posted on the Website.  If you continue to use the Jobber Payments Service, then you are deemed to have accepted the change in Fees contemplated by such notice.

f) Penalties and Fines.  In addition to the fees, you are also responsible for any penalties and fines imposed on you or on us by any bank, money services business, payment network, financial institution, or other financial intermediary resulting from your use of the Payments Services in a manner not permitted by this Agreement or by such financial intermediary’s rules and regulations.

g) Form 1099-K.Unless prohibited by applicable law, you acknowledge and agree that any 1099-Ks may be transmitted to you electronically and may be filed by Jobber, if required, with the IRS.

11. Term and Termination.   

a) Term.  These Payment Terms are effective upon the date you agree to it (by electronically indicating acceptance) and continues so long as you use the Jobber Payments Service or until terminated by you or by Jobber.

b) Termination.  You may terminate this agreement by closing your Jobber Payments Account at any time by following the instructions in your Jobber Admin. We may terminate this Agreement and close your Jobber Payments Account at any time, for any reason, upon notice to you. We may suspend your Jobber Payments Account and your access to the Jobber Payments Service and any rights in respect of your Jobber Payments Account, or terminate this Agreement, at any time, for any reason, including if: (i) we determine that you may be ineligible for the Payments Services because of the risk associated with your Jobber Payments Account, including, without limitation, significant credit or fraud risk, or for any other reason; (ii) you do not comply with any of the provisions of this Agreement or the Processor Terms; or, (iii) upon request of the payment network, the Processor, or a card issuer. Termination of the Processor Terms may, at the discretion of Jobber, result in a termination of this Agreement. Termination of this Agreement shall entitle Jobber to cause the Processor to terminate the Processor Terms.

If the Processor terminates the Processor Terms or indicates its intention to do so, or if you elect to cease processing with such Processor, we have the right, but not the obligation, to offer you a substitute payment processor that is integrated with your Jobber Payments Account. Upon your acceptance of the terms of service of such substitute payment processor, they shall be deemed to have replaced the Processor contemplated herein, provided that your liabilities to the Processor herein shall not be diminished on account of accepting the terms of the substitute payment processor.y

c) Effects of Termination.   Upon termination and closing of your Jobber Payments Account, we will immediately discontinue your access to the Payments Services. You agree to complete all pending Transactions, immediately remove all logos for Cards, and stop accepting new Transactions through the Payments Services. You will not be refunded the remainder of any Fees that you have paid for the Payments Services if your access to or use of the Payments Services is terminated or suspended. Any funds in the Financial Services Provider’s custody will be paid out to you subject to the terms of your Payout Schedule (as defined in the Processor Terms).

Termination does not relieve you of your obligations as defined in this Agreement, and the Processor may elect to continue to hold any funds deemed necessary, pending resolution of any other terms or obligations defined in this Agreement, including, but not limited to, chargebacks, fees, refunds, or other investigations or proceedings.

Termination of this Agreement will not necessarily terminate your account on the Website for the Service, unless Jobber determines otherwise.

Upon termination you agree: (i) to immediately cease your use of the Jobber Payments Services; (ii) that the license granted under this Agreement shall end; (iii) that we reserve the right (but have no obligation) to delete all of your information and account data stored on our servers; (iv) that we will not be liable to you for compensation, reimbursement, or damages in connection with your use of the Jobber Payments Service, or any termination or suspension of the Jobber Payments Service, or deletion of your information or account data; and, (vi) that you will still be liable to us for any fees or fines, or other financial obligation incurred by you or through your use of the Jobber Payments Service prior to termination.

12. Customer Service. 

Jobber will use its commercially reasonable efforts to provide you with customer support to help resolve issues relating to the Payments Services. The Processor retains sole and exclusive responsibility for Payment Processing of transactions, including the settlement of funds, but Jobber will provide reasonable assistance in liaising between you and the Processor concerning the payment processing services. You assume sole and exclusive responsibility for providing customer service or support to your customers for any and all issues related to your products and services, including, but not limited to, issues arising from the processing of cards through the Jobber Payments Service.

13. Updates to these Payment Service Terms.   

These Payment Service Terms may be updated by Jobber from time to time in accordance with the terms on updates set out in the Jobber Terms of Service.  

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