Zoho Payments ("Service") is provided to you or the entity you represent (hereinafter "you" or "your") by Zoho Corporation (hereinafter "Zoho"). This agreement between you and Zoho governs your use of the Service ("Zoho PaymentsTerms"). You understand and agree that the Zoho Payments Terms shall be effective from the date on which you start using the Service.
Zoho Payments is a service that facilitates acceptance of payments and payment processing. Payment processing and transaction settlement are made available to you through an integration with Stripe ___ ("Processor"). Therefore, when you connect to Zoho Payments, the following additional terms and conditions also apply to you in addition to the Zoho Payments Terms: (i) Stripe Services Agreement (available at_______) and Stripe Connected Account Agreement (available at _______) (both agreements hereinafter collectively referred to as "Processor Terms"); (ii) Payment Network Rules; and (iii) other applicable rules and regulations of Financial Institutions("Operating Rules").
In case of inconsistency between Zoho Payments Terms and Processor Terms, Processor Terms shall prevail; and in case of inconsistency between Processor Terms and Payment Network Rules, Payment Network Rules shall prevail.
Zoho's role as a platform service provider include i) verification and risk assessment; ii) onboarding payment accounts; iii) underwriting payments; iv) transmitting payment data and instructions to the Processor including settlement instructions and v)monitoring transactions.
You hereby authorize Zoho to initiate any activity related to payment services in the course of providing payment services to you under this Terms.
As mentioned above, payment processing and transaction settlement features of Zoho Payments ("Payment Services") are made available to you through an integration with Stripe Connect.
Payment Services may allow you to take certain actions with respect to your payment processing account such as relating to information about transactions and refunds, account balance adjustments, handling of disputes (including chargebacks) and other features that may be made available through Zoho Payments ("Payment Activity").
Zoho and the Processor are two different entities and you understand that the Processor Terms constitute a direct and binding agreement between you and Processor. Zoho is not a party to the Processor Terms and Zoho is in no way liable to you under the Processor Terms. In the Processor Terms, Zoho and Zoho Payments are referred to as the "Connect Platform" and "Platform Services" respectively.
If Zoho has agreed to provide to you payment processing proceeds via accelerated settlement into a bank account linked to your debit card ("Instant Payout"), you acknowledge that Zoho has provided you with (a) the fees for Instant Payouts as well as any use, recurring, or application fees that may be charged by Zoho and, to the extent charged separately, the Payment Services and (b) that, for certain recipient banks, some Instant Payouts may not settle within minutes, and instead may take longer to be credited to the relevant bank account.
In order to access or use the Service, you must register for a Zoho Payments Account ("Zoho Payments Account"). We will collect i) personal information of the beneficial owner(s) and business representatives such as name, birthdate, identification number issued by government; ii) trade name, address, phone number, email, business registration or identification number, tax identification number, invoices, receipts, financial statements and any other information of your business required for registration. If necessary, you agree to provide appropriate documents substantiating the information provided by you for registration. We may also collect financial information such as licenses, financial statements, invoices and other documents for verification and risk assessment. You shall at all times, keep your information current and accurate. Failure to keep your information accurate and updated may result in suspension or termination of the Service.
Information provided by you will be shared with the Processor and will be used by Zoho and Processor to i) verify your identity; ii) perform risk assessment; and iii) determine your eligibility to use the Service. In case you are eligible to use the Service, Zoho will instruct the processor to establish a Payment Processing Account with the Processor. You understand and agree that Zoho or Processor may reject, suspend or even terminate your registration at anytime for any reason in accordance with the Zoho Payments Terms, Processor Terms, Payment Network Rules, Financial Institution's rules or any other applicable laws.
We may retrieve some information regarding you from our service providers or other third parties such as credit reporting agencies, information bureaus and you authorize such third parties to share your information to Zoho. Information shared by the third parties may include your personal and/or financial information. You understand and agree that information collected from third parties may be used by Zoho to verify information you have provided and to assess your risk to our business. If Zoho reasonable determines that information you provided is inconsistent, contradicting or misleading, Zoho may suspend or even terminate your use of the Service.
For the purpose of receiving payments and for settlement of funds, you must provide details of an active bank account in good standing that is owned and controlled by you to be used in connection Service ("Bank Account"). Use of Bank Account in connection with the Service shall be subject to approval by the Processor. You are solely responsible for providing current and accurate details of Bank Account and you hereby represent that the details you provide are true to your knowledge. You are responsible for providing correct and accurate details of Bank Account and Zoho is not responsible for any losses you incur as a result of incorrect bank details you provide. In case you desire to change the Bank Account, you may do so, by requesting and upon approval by the Processor. The new Bank Account will be used in connection with the Service effective from the date of approval by the Processor.
Your information including details of Bank Account will be transferred by Zoho or Processor to an acquiring bank, issuing banks, money services business, payment network, financial institution, or other financial intermediary (each a "Financial Institution") in the course of your use of the Service. Zoho will also share your information to third parties engaged by Zoho for the purpose of risk assessments, fraud prevention and detection or for performing any other task related to the Service.
The Service supports most of the payment networks, credit cards, debit cards and gift cards through which customers can make payments to you. You understand that your relationship with the payment networks are governed by the Payment Network Rules and Zoho is not a party under the Payment Network Rules. You understand and agree that Zoho has no way of knowing if a particular transaction is accurate, typical or complete for your business. You are responsible for knowing whether a transaction initiated by your customer is erroneous or suspicious. In the event that you are unsure if a transaction is erroneous or suspicious, you agree to research the transaction and, if necessary, contact your customer before fulfilling or completing the transaction. You are solely responsible for any losses you incur due to erroneous or fraudulent transactions in connection with your use of the Services. You are solely responsible for the verification of your customers and the eligibility of the card presented by them for the purchase of goods or services from you. You also agree that you are solely responsible for any chargebacks or refund of amount for cancelled transactions. Zoho may, in its sole discretion, add or remove a payment method or payment provider at anytime.
You are liable to pay all amounts such as fees, charges, chargebacks, reserves, fines, penalties, taxes and any other amounts that you owe under this Terms ("Charges") as well as, in the event of a breach of your obligation to pay such amounts, all costs and expenses (including attorney fees and collection agency fees) incurred by Zoho associated with collection of the Charges.
You hereby authorize Zoho to set off or collect Charges. The Charges be set off by i) debiting the Payment Processing Account; or ii) ACH debit from the Bank Account. If funds in the Payment Processing Account and Bank Account are insufficient to set off the Charges, Zoho may require you pay the Charges by depositing funds into the Payment Processing Account.
Where Zoho reasonably determines that a transaction i) may violate the Terms; ii) is unauthorized, fraudulent, illegal or otherwise suspicious; or iii) is likely to expose you, Zoho, Processors or others to risk of their respective businesses ("Unauthorized Transactions"), Zoho may refuse, condition or suspend such transaction. In the event that Zoho reasonably determines that a transaction that has been processed and for which payment has been received is an Unauthorized Transaction, Zoho reserves the right to reverse such transaction. You understand that Processing fee incurred for reversed transactions will not be returned to you.
Fee for Processing Services ("Processing Fees") will be determined by Zoho and will be deducted by the Processor on Zoho's behalf in accordance with the Processor Terms. Zoho reserves the right to modify the Processing Fees at anytime upon ____days' prior notice to you.
You are solely liable for chargebacks by cardholder banks. You may choose to dispute a chargeback through the Service by providing the required information and documentation in accordance with ________. Zoho may assist you in disputing the chargeback by providing necessary details of the transaction. Your failure to provide adequate information in a timely manner may result in inability to dispute a chargeback. If the dispute is resolved in your favour, the chargeback amount will be returned to you by the cardholder bank. You understand that Zoho is not a party to the chargeback dispute process and assumes no liability in connection with such process.
High dispute rate (exceeding 1%) may result in your inability to use the Processing Service. Failure to manage disputes with your customers in a timely and effective manner may result in inability to accept payment card for your business.
You are liable for penalties and fines that are imposed on you or on us by any bank, money services business, payment network, financial institution, or other financial intermediary (each a "Financial Institution") as a result of your use of the Services in a manner not permitted by this Agreement or by such Financial Institution’s rules and regulations.
In the event that your customer cancels a transaction, you can initiate a refund of payments received for such cancelled transaction subject to availability of funds in the Payment Processing Account. However, the Processing Fee incurred by you for the original transaction will not be refunded to you and you will also be liable for any fees or charges associated with the refund.
You are solely liable for the taxes, customs, duties, fees or other charges imposed by any government authority in relation to payments you receive on account of sale of goods and services, donations or any other payments you receive through the Service which includes any value added tax, goods and services tax, provincial sales tax and/or, harmonized sales tax, and/or withholding tax. It is your responsibility to assess, collect, report or remit applicable taxes in all relevant jurisdictions. In case you are exempted from any or all applicable taxes, you agree to provide Zoho an appropriate original certificate or evidence of tax exemption that is satisfactory to Zoho. You understand and acknowlwedge that we may send information related to your transactions processed under the Service to the tax authorities. You also understand that we may be required to file periodic reports with respect to the processed transactions.
You authorize Zoho to set aside and maintain amounts of money determined by us by debiting the Payment Processing Account in order to cover (i) payment obligations owed or that may become owed to us or the Processor; (ii) existing or expected chargebacks, refunds, losses, and expenses due to customer complaints and cancellation of transactions; and (iii) any penalties or fines imposed by any Financial Institution. The amount set aside and maintained is hereinafter referred to as "Reserves". The funds to be held as Reserves, the period of time for which the Reserves are maintained, and any other terms of applicable to the Reserves will be determined by us from time to time based on the history of transactions submitted by you for processing, or other factors at our discretion.
In order to secure Zoho against your payment obligations under this Terms, you grant us a lien on the Processed Funds and the Bank Account. In the event that the amount you owe to Processor or Financial Institutions is higher, or due to some other reasons, Zoho will notify you and may require a personal guarantee from you for the payment obligations under this Terms. You agree that it is your responsibility to execute and deliver the further documents or agreements required for the above purpose at your expense.
The payments received for transactions submitted to Zoho for payment processing will be credited to your Bank Account after deducting Charges, based on the Settlement Schedule. However, we reserve the right to modify the Settlement Schedule from time to time at our discretion and to withhold payments for specific transactions that are reasonably determined by us as fraudulent or otherwise suspicious. If the settlement date is a holiday or a day on which the relevant banks are not operating, the settlement will be made on the immediately following business day on which the banks are open for business.
You hereby represent and warrant that
Zoho will adopt and maintain all commercially reasonable physical, technical and administrative security measures to protect the information of you and your customers in accordance with the industry standards.
Zoho may suggest security controls for your business in order to protect you against Unauthorized Transactions. You may use security controls suggested by Zoho or independently implement other security procedures and controls on your own. Zoho may also provide you with information regarding the possibility or likelihood that a transaction may be fraudulent. This information is provided to you for your consideration, but you are ultimately responsible for any actions you choose to take or not take in relation to such information. You understand that Zoho may incorporate such actions or inactions by you into Zoho's fraud model, for the purpose of identifying future potential fraud.
Zoho shall not be responsible for losses you incur from the use of lost or stolen payment credentials or accounts by fraudsters who engage in fraudulent transactions with you. Further, you will fully reimburse us for any losses we incur that result from the use of lost or stolen credentials or accounts.
Personal information you provide to Zoho through the Service is governed by Zoho Payments Privacy Policy. Your election to use the Service indicates your acceptance of the terms of the Zoho Payments Privacy Policy. You are responsible for maintaining confidentiality of your username, password and other sensitive information. You are responsible for all activities that occur in your user account and you agree to inform us immediately of any unauthorized use of your user account by email to or by calling us on any of the numbers listed on . We are not responsible for any loss or damage to you or to any third party incurred as a result of any unauthorized access and/or use of your user account, or otherwise.
Personal information you provide to Zoho through the Service is governed by Zoho Payments Privacy Policy. Your election to use the Service indicates your acceptance of the terms of the Zoho Payments Privacy Policy. You are responsible for maintaining confidentiality of your username, password and other sensitive information. You are responsible for all activities that occur in your user account and you agree to inform us immediately of any unauthorized use of your user account by email to or by calling us on any of the numbers listed on . We are not responsible for any loss or damage to you or to any third party incurred as a result of any unauthorized access and/or use of your user account, or otherwise.
Personal information you provide to Zoho through the Service is governed by Zoho Payments Privacy Policy. Your election to use the Service indicates your acceptance of the terms of the Zoho Payments Privacy Policy. You are responsible for maintaining confidentiality of your username, password and other sensitive information. You are responsible for all activities that occur in your user account and you agree to inform us immediately of any unauthorized use of your user account by email to or by calling us on any of the numbers listed on . We are not responsible for any loss or damage to you or to any third party incurred as a result of any unauthorized access and/or use of your user account, or otherwise.You agree that your use of Zoho Payments (including all Payment Services) will be in compliance with (i) Payment Card Industry Data Security Standards (PCI - DSS); (ii) payment network rules and regulations as required by Visa, Master Card and other payment networks ("Payment Network Rules"); and (iii) other rules and regulations prescribed by the Financial Institutions ("Operating Rules").
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE ZOHO PAYMENTS AND PAYMENT SERVICES IS AT YOUR SOLE RISK. ZOHO PAYMENTS ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. ZOHO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ZOHO MAKES NO WARRANTY THAT THE ZOHO PAYMENTS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM ZOHO, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. YOU UNDERSTAND THAT ZOHO DOES NOT HAVE ANY FORM OF CONTROL OVER THE PRODUCTS OR SERVICES FOR WHICH PAYMENTS ARE RECEIVED THROUGH THE SERVICE. YOU ALSO UNDERSTAND THAT ZOHO DOES NOT GUARANTEE THAT YOUR CUSTOMERS POSSESS THE AUTHORITY TO MAKE OR COMPLETE A TRANSACTION.
IN NO EVENT SHALL ZOHO BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF THIS TERMS OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF ZOHO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
ZOHO IS NOT LIABLE FOR ANY DAMAGES, HARM, OR LOSSES TO YOU ARISING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ZOHO PAYMENTS ACCOUNT. ZOHO ASO DISCAIMS LIABILITY IN CASE OF i) USE OF THE SERVICE IN A MANNER INCONSISTENT WITH THE DOCUMENTATION; ii) ANY UNAUTHORIZED ACCESS OF SERVERS, INFRASTRUCTURE, OR DATA RELATED TO THE SERVICE; iii) INTERRUPTIONS TO OR CESSATION OF THE SERVICE; iv) ANY BUGS VIRUSES, OTHER HARMFUL CODE THAT MAY BE TRANSMITTED THROUGH THE SERVICE; v) ANY ERRORS, INACCURACIES, OMMISSIONS OR LOSS OF DATA PROVIDED TO US; vi) DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHERS.
IN NO EVENT SHALL ZOHO’S LIABILITY TO YOU, IN AGGREGATE OF ALL CLAIMS ARISING OUT OF THIS TERMS OR ZOHO PAYMENTS, WHETHER DIRECT OR INDIRECT, EXCEED THE PROCESSING FEES RECEIEVED BY ZOHO IN RESPECT OF YOUR PAYMENT ACTIVITY WITHIN THE 3-MONTH PERIOD PRECEDING THE DATE LIABILITY FIRST ACCRUED.
Zoho agrees to indemnify and hold harmless the Processor from and against any losses, damages, claims, or actions arising from any fees, charges, chargebacks, taxes, fines or penalties in connection with the Payment Services.
You agree to indemnify and hold Zoho harmless from and against any losses, damages, claims, or actions arising from (a) your Payment Activity including any unauthorized Payment Activity done through your Zoho Payments Account; (b) any Charges Zoho incurs on your behalf:(c) losses due to your failure to fulfil your obligations you owe to your customers including your failure to properly describe or deliver goods or services; (d) any and all information you provide regarding your business or relating to your Payment Processing Account; (e) any violation of law, Payment Network Rules, or security requirements; (f) relationship between you an your customer; or (g) any breach of this Terms or the Processor Terms.
You may terminate this Terms at any time by terminating the Zoho Payments Account. Zoho may terminate or suspend your use of the Payment Services upon (i) termination of Zoho's contract with Processor; (ii) termination or suspension of the Processor Terms or your Payment Processing Account; (iii) if you are the subject of any voluntary or involuntary bankruptcy or insolvency petition or proceeding; (iv) determination by Zoho that you are engaged in any activity that is in violation any applicable laws; (v) determination that your use of the Service causes or is likely to cause significant risk of reputational harm to Zoho or (vi) at any time upon reasonable suspicion of fraud, excess risk, or your violation of the Terms. Upon termination, you agree i) to stop using the Service and accepting payments; ii) fulfil your obligations in relation to pending transactions; iii) you will remove Zoho, Processor and payment network trademarks and logos from your website; (iv) that Zoho has the right (not obligated) to delete your information stored in your account; and v) that Zoho will not be liable for reimbursement, compensation or damages in connection with your use of the Service. You acknowledge that you will however be liable for Charges incurred by you prior to termination.
Any controversy or claim arising out of or relating to the Terms shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The decision of the arbitrator shall be final and unappealable. The arbitration shall be conducted in California and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Notwithstanding anything to the contrary, Zoho may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.
You shall not assign, delegate, or otherwise transfer this agreement or any of its rights or obligations to a third party without Zoho's prior written consent. Any assignment in derogation of this provision will be void.
This Terms along with the agreements, policies and regulations incorporated in this Terms by reference constitute the entire agreement between you and Zoho with respect to the