UrbanSitter Terms and Conditions for Online Payment Service

Last updated July 18, 2022

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 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. 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 Providers and Families, and Families retain sole control over the timing and amount of all payments. Payments are disbursed to Providers only as instructed by the Family and only with funds provided and controlled by the Family. UrbanSitter exercises no management or oversight functions in connection with the Online Payment Service.

The Online Payment Service is provided by Stripe and is subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these Terms and Conditions and using the Online Payment Service, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of UrbanSitter enabling payment processing services through Stripe, you agree to provide UrbanSitter accurate and complete information about you, and you authorize UrbanSitter to share it and transaction information related to your use of the payment processing services provided by Stripe.

Providers acknowledge and understand that UrbanSitter does not have any control over the timing or amount of payments authorized by Families. UrbanSitter shall not be responsible for any nonpayment or late payments made by Families.

2. ACCEPTING ONLINE PAYMENTS.

Providers may choose to accept payments through the Online Payment Service. Providers who do not accept payments through the Online Payment Service may not have access to full site functionality (e.g., Providers may not be able to accept a booking from a Family who wishes to use the Online Payment Service). To accept payments through the Online Payment Service, Providers must provide and/or confirm Provider’s deposit account information to Stripe (via the UrbanSitter Site). To ensure proper payment, Provider is responsible for providing and maintaining accurate contact and payment information associated with the Provider’s account.

3. BOOKING AND PAYMENT AUTHORIZATION.

When a Family books with a Provider, the Family may elect to use the Online Payment Service, if available, to facilitate an online payment to the Provider. If the booking request is accepted by the Provider, the booking is confirmed and the Family authorizes UrbanSitter to charge the Family’s payment card for the amount of the booking (as described in this Section 3) and additional gratuity (if any) the Family subsequently directs to be paid to the Provider, upon completion of the scheduled booking.

Following a scheduled booking, UrbanSitter will ask that the Provider report the actual length of the booking or, for flat-rate bookings, that the booking was completed.

Following the Provider’s report, UrbanSitter will send a request (the “Confirmation Request”) to the Family to confirm the length of the booking reported by the Provider or that the booking was completed, as applicable. Upon the Family's confirmation of the booking length or completion, the Family's payment card will be charged with the confirmed booking amount and additional gratuity (if any). Families who do not respond to UrbanSitter during normal business hours (between 9 a.m. and 5 p.m. Pacific time) within 24 hours of the Confirmation Request will be deemed to have confirmed the booking length or completion, as stated in the Provider's report, and the Family's payment card will be charged the booking amount (based on the hours reported by the Provider or the designated flat-rate for the booking), unless (1) the confirmed hours exceeds the originally booked hours by three (3) hours or more, (2) the booking occurred more than two (2) weeks before the Provider’s report, (3) the booking was manually updated by UrbanSitter, or (4) the booking was an interview, in which case the Family’s payment card will not be charged until expressly authorized by the Family.

If a Family disagrees with the Provider’s report, the disagreement must be raised during normal business hours (between 9 a.m. and 5 p.m. Pacific time) within 24 hours of the Confirmation Request (if a disagreement is raised within 24 hours of the Confirmation Request but after normal business hours, the Family’s payment card may be charged). If there is a disagreement in the hours reported by the Provider and the Family (for example, if the Provider reports 5 hours and the Family reports 4 hours) or that the booking was completed, and the disagreement is raised during normal business hours (between 9 a.m. and 5 p.m. Pacific time) within 24 hours of the Confirmation Request, the Family’s payment card will not be charged until expressly authorized by the Family. 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 Family authorizing such payment. Please see Section 13 of the Terms of Service regarding disputes.

By using the Online Payment Service, Family hereby directs and authorizes UrbanSitter to charge Family’s payment card in accordance with these Terms and Conditions. Such charges, once authorized, are final.

4. 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.

5. AGREEMENT TO PAY.

If, for any reason, UrbanSitter does not receive payment for any amounts that a Family has authorized to be paid through Family’s use of the Online Payment Service, the Family agrees to pay such amount immediately upon demand by UrbanSitter. The Family 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.

6. 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 14 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.

7. TERMINATION OR MODIFICATION OF PAYMENT SERVICE.

UrbanSitter reserves the right to modify, suspend or terminate the Online Payment Service at any time, with or without prior written notice. In addition, UrbanSitter may, in its sole discretion, suspend or terminate the right of any individual Family or Provider to use the Online Payment Service.