GoDaddy - Commerce Services Agreement (Canada)
This GoDaddy Commerce Services Agreement (this “Service Agreement”) is a legal agreement between GoDaddy Payment Services Canada Inc., a corporation duly organized under the laws of British Columbia (“GoDaddy,” “we,” “us,” or “our”) and the person, legal entity or organization (“you”, “your” or “Sponsored Merchant”) identified on the application that you or your individual representative (“Representative”) completed and submitted (the “Sponsored Merchant Application”). This Service Agreement (i) governs your use of the GoDaddy’s payment services (“GD Payments”) and other commerce service products as described herein (collectively with GD Paymenrs the "Commerce Services") and shall be effective as of the date you begin using the Commerce Services or the date you accept this Service Agreement and (ii) incorporates the GoDaddy Universal Terms of Service Agreement (and any successor versions)("Agreement"). Capitalized terms used in this Service Agreement, but not defined herein are defined in the Agreement, which sets forth the general terms and conditions of your use of the Site and Services. In the event of a conflict between the provisions of the Agreement and the provisions of this Service Agreement, the provisions of this Service Agreement shall control.
Subject to the terms hereof, we reserve the right, in our sole discretion, to amend, change or modify this Service Agreement, and modify, change or discontinue any aspect of the Commerce Services, both at any time, with the exception of changes to the fees hereunder which shall only be effective upon 90 days prior notice. When we amend, change, or modify this Service Agreement, we will post the revised Service Agreement on the Site and will indicate the date of such revision. Your continued use of the Commerce Services after the date of any such changes constitutes your acceptance of the new terms and conditions of this Service Agreement.
2. REQUIRED REGULATORY DISCLOSURE
We are required by law to provide to you at the beginning of our agreement with boxes that contain a summary of certain information from the agreement and disclosure of our fees. This information is described in more detail in the body of the agreement and our fees are also set out Information Summary Box below.
Information Summary
Date of Contract | The Service Agreement is effective upon the date you agree to it (by electronically indicating acceptance) and continues so long as you use the Payment Service or until terminated by GoDaddy. |
Acquirer | GoDaddy Payment Services Canada Inc., |
Cancellation of contract and any applicable penalties | You may terminate this Service Agreement by closing your GoDaddy account at any time by following the instructions on our website in your Account Profile. We may terminate this Agreement and close your GoDaddy account at any time for any reason effective upon providing you notice in accordance with this Service Agreement. There are no penalties for termination. However, termination does not alter your liability for processed payments or related chargebacks. |
Complaint handling procedures | Merchant complaints should be submitted to GoDaddy Support. Our complaint handling process is accessible at https://www.GoDaddy.com/help/a-41311. |
Contactless payments | Contactless payments have been enabled at the point-of-sale for the following payment card networks: · Visa · MasterCard · American Express · Discover · Diners · China UnionPay · JCB · Interac |
Information about POS Terminals | This disclosure only applies to users who purchase GoDaddy POS Terminal Products as defined in the Hardware Agreement Purchase Pricing: Point-of-sale equipment may be purchased at then-current pricing specified at the time of your purchase Fees: Fees associated with use of point-of-sale equipment are set forth in the Other Fee Disclosure Box below. Termination: You or we may terminate this Service Agreement at any time by giving at least thirty (30) days’ notice to the non-terminating party, other than in the case of an increase in fees, introduction of a new fee or reduction in interchange that is not passed on to you and of which notice has been provided to you under Section 4.1 below, in which case you may terminate this Service Agreement by providing notice at any time within the applicable ninety (90) day notice period, provided that you may not terminate this Service Agreement in this manner in connection with new fees or fee increases made in accordance with pre-determined fee schedules, if any There are no penalties for termination. However, termination will not affect any provisions that give rise to an ongoing obligation or limitations. |
Information about credit and debit service providers (if different from the acquirer) | |
Transaction return policy | To learn more about how to issue refunds and the terms and conditions associated with refunds, please visit: https://www.GoDaddy.com/help/issue-a-refund-to-my-customer-40540 |
Code of Conduct | The Code of Conduct for the Credit and Debit Card Industry is available at the FCAC's website. |
Statements | Your transaction history will be available to you on your dashboard when you login to your GoDaddy account on our website.. |
Customer Support Contact | Canada (English): 24:7 Support - +18669381119 |
Fee Disclosure
“Card-Not-Present” means that the card was not electronically read. Generally, the card information is manually key-entered (e.g. online payment).
"Card Present" means that payment details are captured in person for a product or service. This can include cards that are physically swiped via a card reader machine or tapped or dipped via a card reader.
|
PAYMENT METHOD |
PRICING |
|
Online (Card Not Present) |
2.7% + $0 CAD |
|
Merchant Keyed (Card Not Present) |
3.3% + $0 CAD |
|
In-Person (Card Present) |
2.3% + $0 CAD |
|
Interac Debit (Card Present) |
$.10 CAD |
Other Fees Disclosure
|
Chargeback Fee |
$15 CAD |
A fee assessed by GoDaddy to cover the administrative costs related to resolving Chargebacks (as defined in Section 6.3). |
|
Terminal Services Fees |
n/a |
Any service fees associated with GoDaddy Terminal are included in the processing fees as set forth above or as you and GoDaddy agree. |
3. DESCRIPTION OF SERVICES
3.1 GD Payments GoDaddy provides the GD Payments to you so you can accept including on your website, mobile phone or in your app certain Payment Methods (defined below) from a person or entity to whom a Payment Method is issued or who is authorized to use a Payment Method (a “Customer”). As used throughout this Service Agreement, a “Transaction” means a Payment Method transaction request which we are directed to capture funds for or from a payer's account with respect to a payment from the Customer to the Sponsored Merchant submitted by Sponsored Merchant to GoDaddy; and includes the authorization, settlement and if applicable dispute, refund and Chargeback with respect to that Payment Method transaction request. Our providing of the GD Payments is subject to the terms of this Service Agreement, all applicable federal, provincial, territorial, state, and local laws, statutes, regulations, ordinances, case law and regulatory guidance, including the Code of Conduct for the Credit and Debit Card Industry in Canada, (collectively, “Applicable Law”), and the Operating Rules (defined below). You agree to abide by, and to use the GD Payments in strict compliance with Applicable Law, the Security Standards (defined below), and the Operating Rules.
3.2 1. To serve as your payment facilitator, GoDaddy has agreements with Elavon Inc., Adyen N.V. and Nuvei Commerce, LLC (each "Processor") and U.S. Bank, N.A. ("Bank"). , Processor and/or Bank may collectively be referred to herein as “Acquirer,” and any of which may exercise rights belonging to Acquirer hereunder. You agree that we may, without amending this Service Agreement, from time-to-time contract with another payment processor to provide payment processing functionality and to serve as “Processor” hereunder or another financial institution to provide sponsorship with the Payment Networks and to serve as “Bank” hereunder. We discuss our agreements with Processor and/or Bank (all such agreements, the “Processing Agreements”) in more detail below.
3.3 When we refer to a “Payment Method” in this Service Agreement, it means an account (or evidence of an account such as a debit or credit card issued by the Payment Networks (a “Card”)) that you accept as payment for a good or service that you provide, which account, Card (or evidence thereof) is authorized and established between the Customer and one of the following: (a) American Express Travel Related Services Company, Inc. and its successors or assigns (“American Express”); (b) Discover Financial Services, LLC and its successors or assigns (“Discover”); (c) Mastercard International Inc. and its successors or assigns (“Mastercard”); (d) Visa Inc. and its successors or assigns (“Visa”); (e) any card network issuing credit or debit cards, and, for purposes hereof, the Payment Card Industry Security Standards Council; (the parties in (a)-(f), collectively, the “Payment Networks”), or (f) any other providers of a Payment Method (collectively “Payment Method Providers”).. The various Payment Methods supported through GD Payments may change at any time and without prior notice to you.
To the extent you provide automated clearing house (“ACH”) as a Payment Method to Customers, your use is subject to the ACH Services Agreement, which is incorporated herein by reference.
3.4 GoDaddy is a payment facilitator that provides data processing services for Sponsored Merchants. These services are provided on a business-to-business basis to Sponsored Merchants and it is understood that these services are not for personal, family or household purposes. GoDaddy is not a bank, other financial institution, money transmitter or remitter, however we are registered with the Financial Transactions and Reports Analysis Centre of Canada (FINTRAC) as a money services business.
4. FEES AND CHARGES
4.1 You agree to pay the fees and charges set forth on the fee schedule that appears in the Fee Disclosure Box above or as otherwise provided to you (“Fee Schedule”) or in situations where we have agreed consistent with this Agreement, to apply non-standard fees and charges to your Transactions, such non-standard fees and charges (the “Non-Standard Fees”), as these may be modified or amended upon at least ninety (90) days prior notice (collectively the “Processing Fees”). The Processing Fees are qualified by the other terms of this Service Agreement. You agree that the Fee Schedule and disclosure of Non-Standard Fees within your payout statement and/or Commerce Home constitute adequate fee disclosure for purposes of the Operating Rules and Applicable Law. In addition, we will notify you at least ninety (90) days prior to a reduction in interchange that is not passed on to you. You agree that Non-Standard Fees are conditioned upon the accuracy of the information including projections you have provided us within the Sponsored Merchant Application and can be amended by us at any time per the terms of this Agreement.
4.2 You are responsible for fines and indemnified losses charged by or payable to third parties (including Bank, Processor, and/or any Payment Method Provider), in either case related to or associated with your use of GD Payments, your Transactions, and/or your processing activity. Acquirer may, at any time, with or without notice, collect such amounts (i) pursuant to an invoice we deliver to you; (ii) by demanding immediate payment; (iii) by debiting the Settlement Account (as defined below) and/or any Reserve Funds (as defined below); and/or (iv) by subtracting such amounts from future settlements. Your failure to pay any Processing Fees, any fines and indemnified losses referenced in Section 4.1 or any other payment default by you under this Agreement, including, without limitation, the failure to pay Chargebacks as required under Section 9.6.1, shall be deemed a “Payments Default” (except to the extent GoDaddy is able to recover such unpaid amounts from the Settlement Account within three (3) business days from the date the payment default has occurred). Upon a Payments Default,, such amount will accrue interest at the lesser of 1.5% per month or the highest amount permitted by Applicable Law.
5. TERM; ACCOUNT TERMINATION
5.1 Term. This Service Agreement shall become effective as of the date you begin using GD Payments and shall continue indefinitely unless and until terminated by either you or us. If you elect to present, and we elect to process, Transactions beyond the date of termination, then this Service Agreement will continue to govern such processing activity.
5.2 Termination
5.2.1 You or we may terminate this Service Agreement any time by giving at least thirty (30) days’ notice to the non-terminating party, other than in the case of an increase in fees, introduction of a new fee or reduction in interchange that is not passed on to you and of which notice has been provided to you under Section 4.1 above, in which case you may terminate this Service Agreement by providing notice at any time within the applicable ninety (90) day notice period, provided that you may not terminate this Service Agreement in this manner in connection with new fees or fee increases made in accordance with pre-determined fee schedules, if any.
5.2.2 In addition to any other termination rights, Acquirer may terminate this Service Agreement (or, may terminate this Service Agreement as to any Payment Network), suspend and/or limit your use of GD Payments and/or decline to process particular Transactions at any time and without notice, if: (a) you fail to comply with any term hereof; (b) Acquirer, in its sole discretion, determines that you and/or any affiliated entity and/or individual are violating the Operating Rules and/or Applicable Law and/or are engaging in suspicious, wrongful, fraudulent and/or deceptive conduct and/or other conduct creating a risk of harm and/or loss to Acquirer and/or the Payment Networks (and we may suspend GD Payments and/or decline to process particular Transactions, with or without notice, during the investigation of any such alleged conduct); (c) you, any guarantor, or any affiliated entity or individual becomes involved in voluntary or involuntary bankruptcy or insolvency proceedings; (d) Acquirer deems you to be financially insecure; (e) you materially alter your business; (f) there is a material change in your processing activity, either from historical processing activity or the activity projected in the Sponsored Merchant Application, or you processed a greater concentration of Cards (e.g., American Express, corporate Cards, and/or international cards) than anticipated; (g) we receive direction from any Payment Network to terminate this Service Agreement; (h) we, in our reasonable discretion, determine that circumstances otherwise warrant immediate termination or suspension; (i) any Payment Network takes any action adverse to our registration or re-registration with such Payment Network; (j) any of the Processing Agreements are terminated; or (k) we determine we are required to terminate this Service Agreement by any of the Processing Agreements or Operating Rules.
5.3 Your obligations for Transactions processed under this Service Agreement, including your obligation to pay refunds, Chargebacks, Processing Fees, indemnified losses, and other amounts payable to Acquirer or the Payment Networks, survive any termination of this Service Agreement.
6. YOUR OBLIGATIONS; REPRESENTATIONS AND WARRANTIES
6.1 Sponsored Merchant Application. You agree that all information provided by you or your Representative in your Sponsored Merchant Application is complete and accurate. The Sponsored Merchant Application is incorporated herein by reference, and forms part of this Service Agreement.
6.2 At the time of you or your Representative’s submission of the Sponsored Merchant Application, and each time you submit a Transaction, you represent and warrant to Acquirer that: (a) you have the full legal power, right and authority to enter into and perform under this Service Agreement; (b) (if you are a legal entity) you are duly organized, validly existing and in good standing under the laws of your place of incorporation; (b) you meet the definition of, and have satisfied the requirements applicable to, “Merchants” (taking into account the fact that you are authorized to accept Cards pursuant to this Service Agreement rather than a merchant agreement), “Sponsored Merchants”, and/or “Submerchants” under the Operating Rules; (c) each statement you or your Representative made on the Sponsored Merchant Application is and remains true and complete, except as has been disclosed in writing to, and approved by, us; (d) your principal place of business is located in, and you have been formed (if you are an entity or organization), under the laws of Canada or a Province or Territory thereof; (e) the Transaction complies with all federal, provincial, territorial, state, and local laws, rules, and regulations applicable to your business, including any applicable tax laws and regulations, was conducted in accordance with this Service Agreement, and arises from a bona fide sale of goods and/or services by you in Canada for which, to the extent required by the Operating Rules, you obtained authorization; (f) except as otherwise permitted by the Operating Rules, the goods have been shipped and/or delivered and/or the services performed; (g) and the Transaction represents a valid obligation for the amount submitted and does not involve the use of the Card for any other purpose; (h) the Transaction is not one that you know or should have known to be fraudulent, unauthorized, the product of collusion between the Customer and you, or that is otherwise unlawful or impermissible under this Service Agreement, Applicable Law or the Operating Rules; (i) all information and data you provided in connection with the Transaction is true, correct, and accurate; (j) you have taken reasonable steps to ensure the validity of the Card and the identity of the Customer; (k) the Transaction is not subject to liens, encumbrances, disputes, set-off, and/or counterclaim; (l) the Transaction has not been previously submitted for processing (except as the same may be permitted under the Operating Rules); (m) you have not disbursed or advanced any cash or quasi cash (including, without limitation, gaming chips or money orders) to the Customer in connection with the Transaction; (n) the Transaction is not a refinancing or transfer of an existing Customer obligation that is deemed to be uncollectible; (o) the Transaction does not arise from the dishonor of a Customer’s personal cheque; (p) you have the legal right to sell the goods and/or services purchased by Customer via the Transaction and are providing, and will continue to provide, high-quality customer service to the Customer with respect to such goods and/or services; (q) you have included your “doing business as” name, country location (which name and country is the same as you disclose to Customers in connection with a Transaction), the appropriate category code/Card acceptor business code (“MCC”), and your unique merchant identification number (“MID”) in the authorization request/message and clearing record/message for such Transaction; (r) you are not conducting or transacting with a business that may be classified under any of the merchant types listed here: Prohibited Businesses and have correctly identified for us the MCC that most closely reflects your primary business in accordance with applicable MCC guidance from the Payment Networks; (s) you have made no representation or agreement for the issuance of refunds except as stated in your refund policy; (t) you are responsible and financially liable for any dispute or customer service-related issue with a Customer, for each Transaction submitted to us, and/or for any disputed Transaction or credit; (u) you have made clear to each Customer that you are responsible for the Transaction (including the delivery of goods and/or provision of services that are the subject of the Transaction), customer service and/or dispute resolution related thereto; (v) you are not an internet pharmacy, an internet pharmacy referral site, and/or an outbound telemarketer; (w) you have not had a contract to accept Transactions terminated at the direction of a Payment Network or governmental authority; and (x) any Transaction submitted to us to credit a Customer’s account represents a refund for a Transaction previously submitted to us.
6.3 We reserve the right to (i) refuse to process any Transaction if we believe it has been submitted in violation of this Service Agreement, Applicable Law and/or the Operating Rules, may be uncollectible from the Cardholder, and/or is likely to result in a reversal of such Transaction pursuant to the Operating Rules for any reason (a “Chargeback”) and (ii) set your Card acceptance policies.
6.4 Except as specifically provided elsewhere in this Service Agreement, you shall provide full and unrestricted disclosure within 48 hours with respect to any written request by GoDaddy relating to the investigation of any single or mass refund request, Chargeback, suspected fraud matter, unauthorized or unlawful transaction, criminal offence, or any documentation or information required by any relevant Acquirer. Such disclosure shall include but not be limited to the identity of any contracting parties, transaction records, bank records and other financial information relating thereto, and You shall provide such further disclosure and assistance as may reasonably be required by GoDaddy and any relevant law enforcement authorities in order to properly investigate such matters.
6.5 Except as specifically provided elsewhere in this Service Agreement, you shall provide full and unrestricted disclosure within 48 hours with respect to any written request by GoDaddy relating to the investigation of any single or mass refund request, Chargeback, suspected fraud matter, unauthorized or unlawful transaction, criminal offence, or any documentation or information required by any relevant Acquirer. Such disclosure shall include but not be limited to the identity of any contracting parties, transaction records, bank records and other financial information relating thereto, and You shall provide such further disclosure and assistance as may reasonably be required by GoDaddy and any relevant law enforcement authorities in order to properly investigate such matters.
6.6 You will make commercially reasonable efforts not to solicit as potential customers individuals who are less than 18 years old. GoDaddy reserves the right to refuse GD Payments in transactions with individuals under the age of 18
7. BUSINESS REPRESENTATIVE
7.1 You and your Representative individually affirm to GoDaddy that (a) your Representative is authorized to provide information on your behalf and to bind you to this Agreement; and (b) your Representative is an executive officer, senior manager or otherwise has significant responsibility for the control, management or direction of your business. GoDaddy may require you or your Representative to provide additional information or documentation demonstrating your Representative’s authority.
7.2 If you are a sole proprietor, you and your Representative also affirm that you and your Representative are personally responsible and liable for your use of the Services and your obligations to Customers, including payment of amounts you owe under this Agreement.
8. AUTHORIZED USERS
8.1 To the extent you are granted electronic access to any of Acquirer’s systems or portals, you are responsible for: (a) ensuring that only authorized users of such systems or portals access the same; (b) keeping all logins, user names, and passwords confidential; and (c) promptly notifying us of any unauthorized access of such logins, user names, or passwords; and (d) all actions taken by anyone using such access, logins, user names, or passwords, even if such you did not authorize such actions.
8.2 You may not, and shall ensure that none of your authorized users: (a) access or use GD Payments, or any services provided by Processor, for any purpose other than your internal business purposes and as permitted hereby, (b) modify, reverse engineer, disassemble, and/or decompile any part of GD Payments, or any services or materials provided by Processor, (c) knowingly transmit any data that contains software viruses, time bombs, worms, Trojan horses, spyware, disabling devices, malicious code, or other harmful or deleterious computer code, files and/or programs to or through GD Payments, or any services provided by Processor, (d) knowingly interfere with or disrupt the servers or networks connected to or providing GD Payments, or the services of Processor, (e) remove, change or obliterate the copyright, trademark or other proprietary protection legends or notices that appear in connection with access to or use of GD Payments, or services or materials provided by Processor, a/or (f) copy, re-sell, transfer, republish, download, frame or transmit GD Payments, or any services or materials provided by Processor, including in order to act as a consultant for any third party, or otherwise allow any third party to use or access GD Payments and/or any services provided by Processor.
8.3 You and your authorized users will make commercially reasonable efforts to avoid linking to websites and services that are denoted as posing high risk by reputable site-rating authoritie