PLEASE READ THIS AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.
This GoDaddy Commerce Services Agreement (this “Service Agreement”) is a legal agreement between GoDaddy Payments, LLC (“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 shall be effective as of the date you begin using GD Payments 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.
We reserve the right, at our sole discretion, to amend, change or modify portions of this Service Agreement at any time. When we do this, we will post the revised Service Agreement on the Site and will indicate the date of such revision. Your continued use of GD Payments after the date of any such changes constitutes your acceptance of the new terms and conditions of this Service Agreement.
DESCRIPTION OF SERVICES
- GD Payments. GoDaddy provides GD Payments to you so you can accept on your website, mobile phone or in your app certain Cards (defined below) from a person or entity to whom a Card is issued or who is authorized to use a Card (a “Cardholder”). As used throughout this Service Agreement, a “Transaction” means an Authorization request of a Cardholder for a payment from the Cardholder to the Sponsored Merchant submitted by Sponsored Merchant to GoDaddy; and an “Authorization” means the process whereby a Cardholder (or Sponsored Merchant on Cardholder’s behalf) requests permission for a payment method to be used for a particular purchase of Sponsored Merchant’s products or services. Our providing of GD Payments is subject to the terms of this Service Agreement, all applicable federal, state, and local laws, statutes, regulations, ordinances, case law and regulatory guidance (collectively, “Applicable Law”), and the Operating Rules (defined below). You agree to abide by, and to use GD Payments in strict compliance with Applicable Law, the Security Standards (defined below), and the Operating Rules.
- To serve as your payment facilitator, GoDaddy has agreements with Elavon Inc. ("Processor") and Adyen N.V. (each "Processor") and U.S. Bank, N.A. ("Bank"). GoDaddy, 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.
- When we refer to a “Card” in this Service Agreement, it means an account (or evidence of an account) that you accept as payment for a good or service that you provide, which account (or evidence thereof) is authorized and established between the Cardholder 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) and any card network issuing credit or debit cards, and, for purposes hereof, the Payment Card Industry Security Standards Council (the parties in (a)-(e), collectively, the “Payment Networks”), or (f) representatives or members of a Payment Network. The Cards and the various payment methods supported through GD Payments may change at any time and without prior notice to you.
- 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, money transmitter, or Money Services Business (“MSB”), and we do not offer banking or MSB services as defined by the United Sta