Payments Policy
Last Modified: January 27, 2022
Introduction
Goldie (the ”Company”, “we”, or “us”), a product developed by Quartet Holdco SRL, is a software platform that connects merchants and professionals (”Professionals”, “you”, and terms referenced as “your”) who prove goods or services (“Services”) to end consumers seeking and/or receiving such services (“Clients”).
Goldie offers software and related services that help Professionals manage their businesses (”Goldie Service Offerings”), including helping them connect with Clients to provide Services. As a result, both Professionals and Clients may interact with Goldie via the Goldie Service Offerings.
This policy applies to Professionals located in the United States, Canada, or United Kingdom who use Goldie’s payment processing feature. It also applies to those Professional’s Clients. For Professionals who use Goldie payments but are located in other geographies, please reference Stripe’s website for your agreement.
Key Terms
The term “Dollars” refers to the local currency based on the geography in which the Professional is based: US dollars (USD) for Professionals operating from an address in the United States (”US”), Canadian dollars (CAD) for Professionals operating from an address in Canada, and British pounds (GBP) for Professionals operating from an address in the United Kingdom (”UK”).
The term “User” (or “Users”) refers to anyone who uses Goldie Service Offerings, including those who use our App, online booking pages, and general visitors of our Site.
The term “Account” refers to the account the Professional created with Goldie.
The terms “Card” and “Cards” refers to any US-issued and most non-US issued credit, debit, prepaid, or gift card(s) with a Visa, MasterCard, Discover, or American Express logo.
The term “Goldie Platform Fee” refers to a transaction fee that Professionals can choose to charge their Clients when they pay for Services using the Goldie Service Offerings.
Goldie’s Role
The Services allow Professionals to accept payments from Clients, including Card-based payments initiated with Cards bearing the trademarks of Visa, Mastercard, American Express and Discover (collectively, the “Networks”). We are not a bank and we do not offer banking services as defined by the United States Department of Treasury.
Goldie facilitates the processing of payments Professionals receive from Clients. This means that we collect, analyze and relay information generated in connection with these payments. We leverage a leading, reputable, and secure Payment Service Provider (“PSP”) to facilitate payments related to the Services.
Authorization
Professionals using Goldie authorize us to hold, receive, and disburse funds on your behalf. Your authorization permits us to generate a paper draft or an electronic funds transfer to process each payment transaction that you authorize. Your authorizations will remain in full force and effect until your Account is closed or terminated.
THIRD PARTY PAYMENT SERVICE PROVIDER
Users will be required to provide their bank account details (including bank account number and routing number) to Goldie and the PSP retained by Goldie. As a condition of Goldie payment processing services through the PSP, you agree to provide Goldie with accurate and complete information about you and your business, and you authorize Goldie to share it and transaction information related to your use of the PSP services.
Professionals may be required to register with the PSP, agree to a PSP Account Agreement and the Terms of Use of the PSP and go through a vetting process at the request of the PSP to set up their account with the PSP. The PSP Account Agreement and Terms of Use between Professionals and the PSP retained by the Company are available at https://stripe.com/legal/connect-account (collectively, the “PSP Agreement”), which may be modified by the PSP from time to time. By accepting these Terms of Use, each Professional agrees that they have downloaded or printed, and reviewed and agreed to the PSP Agreement. Please note that the Company is not a party to the PSP Agreement and that you, the PSP and any other parties listed in the PSP Agreement are the parties to the PSP Agreement and that the Company has no obligations or liability to any Professional under the PSP Agreement.
Goldie reserves the right, in its sole discretion (but not the obligation), to (i) place on hold any payments from the Client for Services and out of pocket expenses, or (ii) refund, provide credits or arrange for the PSP to do so.
Unauthorized or Illegal Use
We may (i) decide not to authorize or settle any transaction that you submit to us, (ii) refund a payment, or (iii) terminate your Account if we believe in our sole discretion that the transaction and/or your Account is in violation of these Terms of Use or any other Goldie agreement, or that it exposes Professionals, other Users, Clients, the PSP or Goldie to harm. Harm includes, but is not limited to, fraud and other criminal acts, as determined by Goldie in its sole discretion. If we reasonably suspect that your Account has been used for an unauthorized, illegal, or criminal purpose, you give us express authorization to share information about you, your Account, and any of your transactions with law enforcement. We may also request information (including, but not limited to, information about services rendered, identity verification and copies of applicable professional licenses) from you at any time for any reason or no reason as part of internal ongoing reviews of transactions and accounts on our Services, and in particular, to assist in investigations of suspicious transactions and/or accounts. You hereby agree to provide us with such information and assistance in a timely manner and acknowledge that payment processing in connection with a suspicious transaction and/or account may be blocked, limited, or delayed until such transaction and/or account has been cleared by Goldie, in its sole discretion. If you do not comply with Goldie’s request for information and assistance pursuant to this Section, Goldie reserves the right to prohibit you from processing any additional payments through the Goldie Service Offerings until you have provided such requested information and assistance and have been cleared by Goldie. If your access to or use of the Services has been restricted or terminated by Goldie, you may not register a new Goldie account or attempt to access and use the Goldie Service Offerings through the Goldie account of another Professional.
In addition, you agree that you will only be accepting payments on behalf of your business for the services that your business offers. You cannot accept payments on behalf of any other merchant, individual or entity. Any act to facilitate payment on behalf of another party other than the business and services you represent is in clear violation of Terms of Use and will be deemed to be criminal activity, punishable by law, for which you will be fully responsible.
LOCAL LAWS
By using Goldie Service Offerings, you acknowledge and agree that it is your responsibility to comply with all applicable local, state, and federal laws in your use of Goldie Service Offerings, including, but not limited to, the Goldie Platform Fee. We make no representation or warranty that all of the Goldie Service Offerings are legal in all jurisdictions and it is your responsibility to ensure that your use of Goldie Service Offerings complies with all relevant laws. If you violate any laws while using a Goldie Service Offering, you will be fully responsible for any consequences of such violations and we will not be held liable for any damages or losses (whether perceived or realized) resulting from your violation of any laws.
ACCEPTED CARDS
Goldie currently enables Professionals to accepts payments made using any Card. We may remove or add Cards that we accept at any time without prior notice. We will generally only process Cards that receive an authorization from the applicable Network and Card issuer. You understand that there may be times when a Client may not be the authorized user of the Card or that a Client may otherwise contest the transaction through the Chargeback process (defined and described in the section LIABILITY FOR CHARGEBACKS AND FRAUDULENT ACTIONS below). You agree to comply with the Chargeback process and accept the liability associated with such Chargebacks.
NETWORK RULES THAT APPLY
The Networks require that you and Goldie comply with all applicable bylaws, rules, and regulations (“Network Rules”). The Networks amend their rules and regulations from time to time. Goldie may be required to change these Terms of Use in connection with amendments to the Network Rules. Significant portions of the Network Rules are available to the public at www.visa.com, www.mastercard.com, www.americanexpress.com, and www.discover.com.
Network Rules currently prohibit you from dispensing cash on any Card transaction.
Your use of Network logos is governed by the Rules; you agree to familiarize yourself with and to comply with these requirements.
ACCESS TO ACCOUNT FUNDS
Subject to the payout schedule identified below, we will deposit amounts received by us for transactions you submit through the Services (less any applicable Fees) to your verified bank account.
In the event the bank account you link to your Account is incorrect and Goldie/the PSP is not able to debit or credit the bank account, the bank account will be de-linked from your Account.
Funds for any given transaction will not be deposited until the transaction is deemed complete. Transactions will be deemed complete when we have received or sent the funds and when we or the designated financial institutions have accepted the transaction or funds.
STANDARD SCHEDULE OF PAYOUTS
Once you validate your bank account and have fifty (50) Dollars or more in your Account, Goldie will automatically initiate a payout to your bank account at the end of every business day when you have at least fifty Dollars in your account. The payout will be for the total available balance of your Account (again, only if such amount is fifty Dollars or more). We may limit the maximum amount that you can payout to your bank account in a single business day. Payouts to your bank account for payments received before 4pm Pacific Time will usually fund the next business day.
AVAILABILITY OF FUNDS
Should Goldie need to conduct an investigation or resolve any pending dispute related to your Account, we may defer payout or restrict access to your funds for the entire time it takes for us to complete the investigation. We also may defer payout or restrict access to your funds as necessary to comply with applicable law or court order, or if otherwise requested by law enforcement or governmental entity.
Taxes
You are responsible for determining any and all taxes assessed, incurred, or required to be collected, paid, or withheld for any reason in connection to your use of our software and services (“Taxes”). You also are solely responsible for collecting, withholding, reporting, and remitting correct Taxes to the appropriate tax authority. We are not obligated to, nor will we determine whether Taxes apply, or calculate, collect, report, or remit any Taxes to any tax authority arising from any transaction. Goldie specifically disclaims any liability for Taxes.
Goldie reserves the right to prohibit you from processing any additional payments through the Services and to defer delivery of earned payouts until you have provided (and Goldie has confirmed receipt of) your accurate User Tax Information (defined below).
If in a given calendar year your payments through the Services meet the Internal Revenue Service (“IRS”) or state taxing authority thresholds for required reporting, Goldie will report your User Tax Information annually to the IRS or other governing authority, as required by law. If Goldie receives a notification from the IRS at any time that your User Tax Information is incomplete or inaccurate, Goldie will notify you immediately that you need to provide a completed W-9 form and reserves the right to (i) prohibit you from processing any additional payments through the Services and (ii) defer delivery of any earned payouts, until you have provided and Goldie has confirmed receipt of updated accurate User Tax Information. If Goldie does not receive such updated accurate User Tax Information within sixty (60) days of your receipt of Goldie’s request for updated User Tax Information, Goldie will deduct any applicable fees owed to Goldie and will refund all undelivered earned funds scheduled to be paid out back to the applicable Clients from whom the funds were collected.
Goldie disclaims any and all liability related to such refunded payments. “User Tax Information” means any information required to be provided to the IRS, which includes but is not limited to the following: your name, address, Tax Identification Number (such as a Social Security Number and/or Employer 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. Whether you meet the IRS or state taxing authority thresholds for required reporting in a given calendar year will be determined by looking at the Stripe Identification Number associated with your Account.
CUSTOMER CARE
Each Professional, as a separate entity from Goldie, is solely responsible for all customer service issues relating to such Professional’s goods or services, including without limitation, any services performed or offered, availability of goods or services, pricing, order fulfillment, order or appointment cancellation, returns, refunds and adjustments, rebates, functionality and warranty, and feedback concerning experiences with such Professional, any personnel, their policies or processes. In performing customer service, Professionals must present themselves as a separate entity from Goldie. Goldie is solely responsible for customer service issues between Goldie and Professionals: namely, those relating to any Account, payment, Card processing, debiting or crediting.
Refunds and Returns
By accepting payment Card transactions with Goldie, you agree to process returns of, and provide refunds and adjustments for, your goods or services through your Account in accordance with these Terms of Use and Network Rules. Network Rules require that you will (a) maintain a fair return, cancellation or adjustment policy; (b) disclose your return or cancellation policy to Clients at the time of purchase, (c) not give cash refunds to a Client 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. 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 Client for postage that the Client 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 Client, 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 your available Goldie balance is insufficient to cover the refund, Goldie will request your authorization to withdraw up to the requested refund amount from your bank account. Goldie will then withdraw the amount you were paid (the total transaction amount minus the payment processing fee) from your bank account, and credit it back into your Client’s Card. The fees (excluding applicable platform fees) are also refunded by Goldie, so the full purchase amount is always returned to your Client. Goldie has no obligation to accept any returns of any of your goods or services on your behalf.
LIABILITY FOR CHARGEBACKS AND FRAUDULENT ACTIONS
The amount of a transaction may be reversed or charged back to your Account (a “Chargeback”) if the transaction (a) is disputed, (b) is reversed for any reason by the Network, our processor, or a Client or our financial institution, (c) was not authorized or we have any reason to believe that the transaction was not authorized, (d) is allegedly unlawful, suspicious, or in violation of the terms of these Terms of Use.
Goldie is not liable for any losses relating to Chargebacks, fraudulent charges, or other actions by any User that are deceptive, fraudulent or otherwise invalid as determined in Goldie’s sole discretion (“Fraudulent Actions”). By using the Services, you hereby release Goldie from any liability arising from Fraudulent Actions. You will also use best efforts to promptly notify Goldie of any Fraudulent Actions which may affect the Services. Goldie reserves the right, in its sole discretion, to terminate the account of any User that engages in, or enables any other User to engage in, Fraudulent Actions.
Collection Rights for Chargebacks
For any transaction that results in a Chargeback, we may withhold the Chargeback amount in a reserve. We may debit the amount of any Chargeback and any associated fees, fines, or penalties assessed by the Networks or our processor from your Account (including without limitation any Reserve), any proceeds due to you, your bank account or debit card, or other payment instrument registered with us. If you have pending Chargebacks, we may delay payouts from your 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 these Terms of Use until such time that: (a) a Chargeback is assessed due to a Client’s complaint, in which case we will retain the funds; (b) the period of time under applicable law or regulation by which the Client 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 Account deficit balances unpaid by you.
Excessive Chargebacks
If we determine 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 Goldie Service Offerings.
Contesting Chargebacks
You agree to assist us when requested, at your expense, to investigate any of your Chargebacks or disputed transactions processed through the Services. To that end, you permit us to share information about a Chargeback or disputed transaction with the Client, the Client’s financial institution, your financial institution, the Networks, and the PSP in order to investigate and/or mediate a Chargeback. We will request necessary information from you to contest the Chargeback. If the Chargeback is contested successfully, we will release the reserved funds to your Account. If a Chargeback dispute is not resolved in your favor by the Network or issuing bank or you choose not to contest the Chargeback, we may recover the Chargeback amount and any associated fees as described in these Terms of Use (if they have not already been recovered). You acknowledge that your failure to assist us in a timely manner when investigating a transaction, including providing necessary documentation within ten (10) days of our request, may result in an irreversible Chargeback. We reserve the right, upon notice to you, to charge a fee for mediating and/or investigating Chargeback disputes.
SET-OFF RIGHTS
You grant us a security interest in, as well as a right of setoff against, and hereby assign, convey, deliver, pledge and transfer to us, as security for repayment of any obligations due under these Terms of Use, all of your right, title, and interest in and to all of your accounts with us. However, this grant will not apply to any accounts for which the grant of a security interest would be prohibited by law. You authorize us, without prior notice to you and irrespective of (i) whether we have made demand under these Terms of Use or any other related agreements; and (ii) whether the obligation is contingent, matured or unmatured, to the extent permitted by law, to collect, charge, and/or setoff all sums owing on the indebtedness against any and all such accounts and other obligations, and our option, to administratively freeze or direct any third party bank holding the account to freeze all such accounts to allow us to protect our security interest, collection, charge and setoff rights as provided for in this section.
To the extent permitted by law, we may set off against the balances for any obligation you owe us under these Terms of Use, including without limitation any Chargebacks. All Fees are charged at the time we process a transaction and are deducted first from the transferred or collected funds and thereafter from the balance in your Account. If you owe us an amount that exceeds your balance, we may charge or debit a payment instrument registered in your Account or any connected Account (as well as set off against any balance in any connected Account). Your failure to fully pay amounts that you owe us on demand will be a breach of these Terms of Use. You will be liable for our costs associated with collection in addition to the amount owed, including without limitation attorneys’ fees and expenses, collection agency fees, and any applicable interest.
INACTIVE ACCOUNTS
If there is no activity in your Account (including access or payment transactions) for at least two years, consecutively, and you have a balance, we will notify you by sending an email to the email address associated with your Account and give you the option of keeping your Account open and maintaining the balance or withdrawing the balance. If you do not respond to our notice within thirty days, we will automatically close your Account and escheat your funds in accordance with applicable law, and if permitted, to Goldie.
PROCESSING ERRORS
We will attempt to rectify processing errors that we discover. If the error resulted in your receipt of less than the amount to which you were entitled, Goldie will credit your Account for the difference. If the error results in your receipt of more than the amount to which you were entitled, Goldie will debit the extra funds from your Account. Goldie will only correct transactions that you process incorrectly if and when you notify us of such an error. Your failure to notify us of a processing error within thirty days of when it first appears on your electronic transaction history will be deemed a waiver of any right to amounts owed to you.
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