Legal

Payment Terms of Service

Last updated: 15 Mar 2024

These Payment Terms of Service constitute a binding legal agreement governing Payment Services through the Femtoplay Platform. The document covers payment collection from advertisers and payouts to hosts for billboard advertising services.

Payment Services Overview

Femtoplay Payments facilitates:

• Collection from Advertisers via credit cards, debit cards, or bank accounts
• Payouts to Hosts through designated financial instruments
• Third-party payout arrangements
• Design service payments
• Related host service transactions

Eligibility Requirements: Users must be 18+, maintain a Femtoplay account in good standing per the Terms of Service, and keep payment information accurate and current.

Service Providers by Country

When country of residence changes, the contracting entity and applicable terms adjust accordingly, though prior bookings remain with the original entity.

1. Use of Payment Services

1.1 Femtoplay Payment Services

The platform may temporarily limit or suspend access for maintenance. Services may be enhanced or modified with member notification.

1.2 Third-Party Services

The platform contains third-party links subject to separate terms and privacy policies. Femtoplay Payments is not responsible or liable for the use of such Third-Party Services.

1.3 Account Authorization

Members may authorize third parties to take actions affecting their account. Authorization subjects both parties to these terms, with the authorizing member responsible for all resulting payments.

1.4 Verification

Femtoplay may conduct identity verification including:

• Database screening
• Service provider reports
• Government ID requests
• Email, payment method, or payout method confirmation

Access may be terminated if verification is unavailable.

1.5 Additional Terms

Specific Payment Services may require additional terms. If conflicts exist, service-specific terms take precedence.

2. Advertiser Terms

2.1 Payment Method Addition

Advertisers provide billing information including name, address, tax details, and financial instrument data to Femtoplay or payment processors.

2.2 Payment Method Verification

Verification occurs through:

• Nominal authorization amounts requiring confirmation
• Billing statement uploads

Payment Methods may be automatically saved for future transactions. Advertisers cannot remove a Payment Method from booking date through 14 days after the final advertisement display, or during unresolved damage claim resolution.

2.3 Account Authorization

See Section 1.3.

2.4 Payment Authorization

Femtoplay charges Payment Methods for all fees, including applicable taxes and damage claim amounts per the Terms and Section 6.

2.5 Automatic Payment Method Updates

Account information changes may be acquired from financial partners and automatically updated.

2.6 Payment Timing

Femtoplay Payments charges the Total Price due before the Host accepts your booking request or the designer accepts your design request. If collection fails, payment is collected later per Section 5.3. Confirmation emails follow successful payment.

2.7 Currency Processing

Transactions process in the currency of the advertiser's stated country of residence. Available currencies may be limited by regulatory or operational factors. Currency conversion by banks or payment processors may result in fees and exchange rate differences; Femtoplay Payments is not responsible for any such fees.

2.8 Booking Request Store Credits

No Refunds Policy: Advertisers receive interest-free store credits applied automatically to next purchases. Credits expire on December 31 (USA) or March 31 (India).

Single Billboard Bookings:

• Declined requests: full store credit
• Non-display by platform: store credit minus processing charges for scheduled times only
• Advertiser withdrawal: full store credit

Campaign Bookings (Multiple Billboards):

• Zero billboards booked: store credit minus processing charges
• Pre-start withdrawal: full store credit
• Post-start withdrawal: remaining amount credit
• Platform display failure: store credit minus processing charges

Graphic Design Services:

• Cancellation within 24 hours: full store credit via contact
• Cancellations after 24 hours: treated as completed orders

Store Credit Processing:

• Up to 10% processing charge deduction (e.g., $10 credit becomes $9.00)
• Reflected in account within 1 hour

2.9 Payment Restrictions

Femtoplay reserves rights to decline payments that may violate risk policies, these terms, applicable law, or expose parties to unacceptable risks.

2.10 Payment Service Providers

Third-party processors may charge additional fees; Femtoplay Payments is not responsible for any such fees and disclaims all liability.

2.11 Payment Method Responsibility

Femtoplay is not responsible for losses from incorrect Payment Method information provided by users.

2.12 Payment Methods

Full Payment Required: Members pay the complete Total Price at booking. The platform notifies of amount and currency during checkout.

No Post-Booking Modifications: Changes cannot be made after booking. Cancellation requests may be approved or rejected with or without reason, subject to cancellation policies.

Declined Payment: If payment collection fails, the platform notifies the member and cancels the booking or request. Cancellation fees may apply per policy.

3. Host Terms

3.1 Payment Collection

Femtoplay collects the Total Price when a booking is accepted. Funds are held until service completion or due date, then reconciled and net amounts paid to hosts.

3.2 Valid Payout Method

Hosts must have a valid Payout Method to receive payouts. Required information includes name, government ID, tax ID, address, and financial details. Additional requirements may apply based on payout method selected. Femtoplay may request information at any time; failure to provide may result in held, suspended, or canceled payouts. Hosts authorize Femtoplay to create and raise invoices on their behalf.

3.3 Payout Timing

Monthly Payouts: Femtoplay Payments will generally initiate Payouts to your selected Payout Method once a month to pay earnings for the previous month, subject to successful payment receipt from members.

Alternative payout schedules may be offered with additional terms.

3.4 Payout Amounts

Host payout equals Total Price minus applicable fees and taxes. Cancellations are handled per the Terms and cancellation policies.

Revenue Sharing: Hosts receive either minimal monthly rental amounts or a percentage of gross revenue from advertiser bookings on their hosted billboards. The percentage is at company discretion and may change without notice. Platform-generated invoices ("Host invoice") summarize charges and hosts receive no additional information beyond invoices.

3.5 Payout Restrictions

Femtoplay may temporarily hold, suspend, or cancel payouts for:

• Preventing unlawful activity or fraud
• Risk assessment and security
• Identity or information verification
• Investigating high-volume cancellations from Force Majeure Events

Platform may reduce payouts as penalties for high cancellation rates or frequent billboard inoperability.

3.6 Currency Conversion

Payouts remit in the currency specified during account creation. Available currencies may be limited. Payment processors may impose fees; Femtoplay Payments is not responsible for any such fees and restrictions.

3.7 Payout Limits

Compliance may require payout amount limits. Amounts exceeding limits may be distributed across multiple payouts over several days.

3.8 Payment Service Providers

Third-party processors may charge processing fees deducted from payouts; Femtoplay Payments is not responsible for any such fees and disclaims all liability.

3.9 Funds Handling

Femtoplay may combine collected amounts and invest them as permitted by law, retaining earned interest.

3.10 Payout Method Responsibility

Femtoplay is not responsible for losses from incorrect Payout Method information provided by hosts.

3.11 Payment Distribution

Split payouts are unsupported; Femtoplay will payout only to the financial instrument associated with the Member's account.

4. Appointment as Limited Payment Collection Agent

4.1 Agent Appointment

Hosts appoint Femtoplay Payments as their payment collection agent for accepting and processing member funds.

4.2 Host Obligations

Hosts agree that member payments through Femtoplay equal direct payments, obligating them to provide services as agreed. Femtoplay may refund members per the Terms. Payout obligations are conditional on successful member payment receipt. Femtoplay Payments guarantees payments to Host(s) only for such amounts that have been successfully received by Femtoplay Payments from Member per these terms. Femtoplay assumes no liability for host acts or omissions.

4.3 Member Acknowledgment

Members recognize Femtoplay acts as the host's payment agent though not a party to host-member agreements. Member payment to Femtoplay extinguishes payment obligations to hosts. Femtoplay remits successfully received funds per these terms. If Femtoplay fails to remit, hosts have recourse only against Femtoplay, not members.

5. General Terms

5.1 Fees

Femtoplay may charge for certain Payment Services with fees disclosed in the Terms or on the platform.

5.2 Payment Authorizations

Users authorize Femtoplay to collect amounts due by:

• Charging associated or authorized Payment Methods on file
• Withholding from future payouts

Authorized Collections Include:

• Amounts owed to Femtoplay or Femtoplay Payments
• Amounts owed hosts from members (collected as agent)
• Applicable taxes
• Resolution Center payments
• Damage Claim amounts per Terms Section 15
• Applicable penalties and associated collection costs
• Service and cancellation fees per Terms
• Already-paid amounts for canceled bookings or canceled payouts

Additional Amounts: If amounts become due after booking (payment plans, recurring charges, modifications, damage claims), users authorize Femtoplay to charge Payment Methods without further action, with prior written notice.

Failed Charges: If associated Payment Methods expire, become invalid, or cannot be charged, users remain responsible for uncollected amounts. Femtoplay may retry or use alternate methods on file. Uncollected amounts may be referred to collections agencies or subject to legal action.

Fraud Recoupment: If Femtoplay determines a host engaged in fraudulent activity and released payouts, Femtoplay may recoup amounts by reducing or debiting future payouts.

Additional Fees: Delinquent or chargeback-associated fees may apply, including collection, convenience, and third-party charges.

5.3 Collections

If amounts cannot be collected, Femtoplay may pursue collection efforts.

Overdue Determination:

• For authorized charges: 120 days after first charge attempt or service provision, whichever is later
• For payout withholdings: 270 days after account adjustment or service provision, whichever is later

Default Status:

• For authorized charges: 365 days after first charge attempt or service provision, whichever is later
• For payout withholdings: 365 days after account adjustment or service provision, whichever is later

Communication Methods: All communications regarding owed amounts occur via email or phone provided by users, potentially by Femtoplay, Femtoplay Payments, or third-party collection agents.

5.4 Payment Processing Errors

Femtoplay takes steps to rectify recognized payment errors, potentially crediting or debiting original methods to ensure correct amounts. Recovery of erroneously sent funds (including duplicates) may occur by reducing, setting off, or debiting future payouts.

Users agree to immediately return any erroneously received funds to Femtoplay.

5.5 Refunds

Refund Initiation: Refunds per the Terms initiate within 30 days after the last service due date. Host cancellations may hold funds up to 30 days. Some instances offer credit instead of cash; timing is communicated via platform.

Processing Time: Receipt time varies based on Payment Method and applicable payment system rules.

Force Majeure: During Force Majeure Events, Femtoplay initiates refunds as soon as practicable.

6. Damage Claims and Damage Amounts

6.1 Damage Claim Authorization

If responsible for Damage Claim amounts per Terms Section 15, Femtoplay may charge Payment Methods used for bookings or other methods on file, up to maximum amounts defined in Section 15 of the Terms.

6.2 Recovery Options

Femtoplay may seek recovery through users' insurance policies and pursue available remedies including collections referral or legal action.

7. Abandoned Property

If Femtoplay holds funds owed to users (due to payout or refund inability) or gift cards/credits remain unused per state, country, or governing body unclaimed property laws, Femtoplay may process funds per legal obligations, including reporting and escheating to appropriate governing bodies.

8. Prohibited Activities

8.1 Compliance Obligations

Users are solely responsible for applicable laws, rules, regulations, and tax obligations. Users may not:

• Breach or circumvent applicable laws, regulations, or third-party agreements
• Use Payment Services for unapproved commercial purposes
• Register or use unauthorized Payment or Payout Methods
• Avoid, bypass, or circumvent technological protection measures
• Damage or impair Payment Service performance
• Decipher, decompile, or reverse engineer payment software
• Violate anyone's rights or cause harm

8.2 Sanctions Compliance

Users may not send or receive funds to:

• Embargoed countries
• Specially Designated Nationals
• Denied Persons or Entity Lists
• Sanctions or UN/EU Consolidated Lists

User Representations: Users warrant they and their services are not located in embargoed or terrorist-supporting countries and are not listed on prohibited party lists. Users must comply with local export control laws.

9. Force Majeure

Femtoplay Payments is not liable for delays or failures from causes outside reasonable control, including acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

10. Disclaimers

10.1 As-Is Services

Use of Payment Services is voluntary and at sole user risk. Services are provided "as is" without express or implied warranties.

10.2 Agent Liability Disclaimer

Despite limited agent appointment, Femtoplay Payments explicitly disclaims all liability for any act or omission of any Member or other third party. Femtoplay has no duties beyond those expressly stated, with additional implied duties excluded to maximum extent permitted.

10.3 Identity Verification Disclaimer

Identity verification disclaims warranties that checks identify prior misconduct or guarantee future conduct compliance.

10.4 Statutory Warranties

Disclaimers apply to maximum legal extent. Users retain statutory rights that cannot be excluded, though durations are limited to maximum permitted.

11. Liability

Users acknowledge entire access and use risk remains with them. If authorizing another person to use their account, they are responsible for that person's actions.

Excluded Damages: Neither Femtoplay Payments nor other payment service parties are liable for incidental, special, exemplary, or consequential damages, including lost profits, data loss, goodwill loss, service interruption, computer damage, or personal injury, arising from these terms, Payment Service use/inability, or third-party interactions, regardless of negligence or prior damage notice.

Liability Limits: Except for host payment obligations or approved Host Damage Protection requests, Femtoplay's aggregate liability is limited to either:

• Amounts paid or owed for bookings in the one-month period before the liability event (members), or amounts paid to the host in that period (hosts), or
• $100 USD equivalent in local currency if no such payments exist

These limitations are fundamental bargaining elements. Some jurisdictions disallow limitation of incidental or consequential damages, so limits may not apply universally.

12. Indemnification

To maximum permitted extent, users release, defend (at Femtoplay's option), indemnify, and hold Femtoplay, affiliates, subsidiaries, and their officers, directors, employees, and agents harmless from claims, liabilities, damages, losses, and expenses, including legal and accounting fees, arising from:

• User breach of these terms
• Improper Payment Service use
• Failed tax reporting, collection, or remission by users or at user direction
• User breach of laws, regulations, or third-party rights

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