Terms and Conditions for Online Payment Service
Last updated: February 5, 2015.
These terms and conditions ("Terms and Conditions") for UrbanSitter’s online payment service ("Online Payment Service") govern your use of the Online Payment Service. This is a legal agreement between you and UrbanSitter, Inc. ("we", "us" or "UrbanSitter"). By using the Online Payment Service, you are agreeing that you have read, understand, and agree to be bound by these Terms and Conditions and by UrbanSitter’s Terms of Service. Capitalized terms not defined in these Terms and Conditions have the meanings given to them in the Terms of Service.
If you are a Sitter and do not agree or are unable to agree to be bound by these Terms and Conditions, do not use the Site or the Services. If you are a Parent and do not agree or are unable to agree to be bound by these Terms and Conditions, do not use the Online Payment Service.
We may modify these terms and conditions from time to time. When changes are made, we will make the revised version available on this webpage, and will indicate at the top of this page the date that revisions were last made. Your use of the Online Payment Service after such posting will constitute acceptance by you of such changes.
1. OVERVIEW AND NATURE OF ONLINE PAYMENT SERVICE.
The Online Payment Service is an optional service provided by UrbanSitter to Parents. The Online Payment Service may be subject to availability based on geographic area, Subscription enrollment or other basis, as determined by UrbanSitter.
The Online Payment Service is provided solely as a conduit for payments between Parents and Sitters, and Parents retain sole control over the timing and amount of all payments. Payments are disbursed to Sitters only as instructed by the Parents and only with funds provided and controlled by Parents. UrbanSitter exercises no management or oversight functions in connection with the Online Payment Service.
2. ACCEPTING ONLINE PAYMENTS.
Sitters must accept online payments from Parents. Upon registration with UrbanSitter, or at such other time or times as determined by UrbanSitter, Sitter must provide and/or confirm his or her deposit account information to UrbanSitter (payments made to a Sitter by Parents through the Online Payment Service will be deposited in such deposit account). To ensure proper payment, Sitter is responsible for providing and maintaining accurate contact and payment information associated with the Sitter’s account. UrbanSitter shall transmit funds to Sitter as paid and directed by Parent.
Sitters acknowledge and understand that UrbanSitter does not have any control over the timing and amount of payments authorized by Parents. UrbanSitter shall not be responsible for any nonpayment or late payments made by Parents.
3. BOOKING AND PAYMENT AUTHORIZATION.
When a Parent books with a Sitter, the Parent may elect to use the Online Payment Service, if available, to facilitate an online payment to the Sitter. If the booking request is accepted by the Sitter, the booking is confirmed and Parent authorizes UrbanSitter to charge the Parent's payment card for the amount of the booking (as described in this Section 3), additional gratuity (if any) Parent subsequently directs to be paid to the Sitter, and the Online Payment Fee (see Section 4 below), upon completion of the scheduled booking.
Following a scheduled booking, UrbanSitter will ask that Sitters and Parents report the actual length of the booking. Sitters will have 24 hours to respond with the actual length of the booking; if no response is received from the Sitter, the actual length of the booking will be considered reported by the Sitter as the scheduled length of the booking.
Following the Sitter’s report, UrbanSitter will send a request (the “Confirmation Request”) to the Parent to confirm the length of the booking reported by the Sitter. Upon Parent's confirmation of the booking length, Parent's payment card will be charged with the confirmed booking amount, additional gratuity (if any), and the Online Payment Fee. Parents who do not respond to UrbanSitter within 24 hours of the Confirmation Request will be deemed to have confirmed the booking length as stated in the Sitter's report, and Parent's payment card will be charged the booking amount (based on the hours reported by Sitter) and the Online Payment Fee. If Parent disagrees with the hours reported by the Sitter, the disagreement must be raised within 24 hours of the Confirmation Request.
If there is a disagreement in the hours reported by the Sitter and the Parent (for example, if the Sitter reports 5 hours and the Parent reports 4 hours) and the disagreement is raised within 24 hours of the Confirmation Request, the Parent’s payment card will not be charged until expressly authorized by the Parent. If a disagreement is timely raised in accordance with these Terms and Conditions, UrbanSitter will not process any payments through the Online Payment Service that are in dispute until UrbanSitter has received written authorization or online confirmation from the Parent authorizing such payment. Please see Section 14 of the Terms of Service regarding disputes.
By using the Online Payment Service, Parent hereby directs and authorizes UrbanSitter to charge Parent’s payment card in accordance with these Terms and Conditions. Such charges, once authorized, are final.
4. ONLINE PAYMENT SERVICE FEE.
UrbanSitter charges Parents a fee (the “Online Payment Fee”) for use of the Online Payment Service. The Online Payment Fee is added to the authorized booking and gratuity amount when payment is authorized by Parent. UrbanSitter reserves the right to modify the Online Payment Fee at any time.
5. RESPONSIBILITIES OF USERS.
You understand and agree that Users are responsible for any applicable tax, withholding or reporting, including, but not limited to, any applicable unemployment insurance, social security or payroll withholding tax or income reporting in connection with any payments made using the Online Payment Service. You understand and agree that if UrbanSitter is found to be liable for any tax, withholding tax or reporting obligation in connection with any payments made through the Online Payment Service, then you will immediately reimburse and indemnify UrbanSitter for all costs, expenses and liabilities (including any interest and penalties) relating to the same.
You understand and agree that you are solely responsible for determining your applicable tax withholding, reporting and payment requirements, and your ability to use the Online Payment Service in compliance with such requirements, in consultation with your tax advisors.
6. AGREEMENT TO PAY.
If, for any reason, UrbanSitter does not receive payment for any amounts that a Parent has authorized to be paid through Parent’s use of the Online Payment Service, Parent agrees to pay such amount immediately upon demand by UrbanSitter. Parent also agrees to pay any interest charges, attorneys’ fees and other costs of collection incurred by UrbanSitter in collecting the authorized but unpaid amounts. However, nothing in this paragraph imposes any obligation on UrbanSitter to pursue collection of such amounts.
7. DISCLAIMER OF WARRANTIES AND RELEASE.
In addition to (and without limiting in any way) the Disclaimer of Warranty and Limitations of Liability described in Section 15 of the Terms of Service, UrbanSitter expressly disclaims any warranties of any kind, whether express or implied, statutory or otherwise with respect to the Online Payment Service. UrbanSitter provides the Online Payment Service on an AS-IS basis, and your use of the Online Payment Service is at your own discretion and risk.
YOU AGREE TO RELEASE URBANSITTER AND ITS AFFILIATED PARTIES FROM ANY CLAIMS, DEMANDS, DAMAGES, LIABILITY, COSTS OR EXPENSES, OF EVERY KIND AND NATURE, KNOWN OR UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE ONLINE PAYMENT SERVICE.
8. TERMINATION OR MODIFICATION OF PAYMENT SERVICE.
UrbanSitter reserves the right to modify, suspend or terminate the Online Payment Service at anytime, with or without prior written notice. In addition, UrbanSitter may, in its sole discretion, suspend or terminate the right of any individual Parent or Sitter to use the Online Payment Service.