The Mersi Studio Services allow Clients to pay and Professionals to accept payments for goods or services, including Card-based payments initiated with Cards bearing the trademarks of MasterCard International Inc. and Visa Inc. (collectively, the “Networks”). We are not a bank. We do not offer banking services as defined by the United States Department of Treasury. If you are using the Mersi Studio Services on behalf of yourself or a business and/or creating an account with Mersi Studio (“Account”), you and/or that business accepts and agrees to these terms.
Mersi Studio facilitates the processing of payments Professionals receive from Clients. This means that we collect, analyze and relay information generated in connection with these payments. We leverage a leading, reputable Payment Service Provider (“PSP”) to facilitate payments via the Mersi Studio Services. The Mersi Studio Services allow Professionals to accept payments from any US-issued and most non-US issued credit, debit or prepaid cards, including American Express, Discover, Mastercard and Visa. Please note that we reserve the right to remove or add cards that we accept at any time without notice.
Professionals authorize us to hold, receive, and disburse funds on your behalf. Your authorization permits us to generate a paper draft or an electronic funds transfer to process each payment transaction that you authorize. Your authorizations will remain in full force and effect until your Account is closed or terminated.
Users will be required to provide their credit card or bank account details to Mersi Studio and the PSP retained by Mersi Studio. As a condition of Mersi Studio enabling payment processing services through the PSP, you agree to provide Mersi Studio accurate and complete information about you and your business, and you authorize Mersi Studio to share it and transaction information related to your use of the PSP services.
Professionals may be required to register with the PSP, agree to a PSP Account Agreement and the Terms of Use of the PSP and go through a vetting process at the request of the PSP to set up their account with the PSP. The PSP Account Agreement and Terms of Use between Professionals and the PSP retained by the Company are available at https://stripe.com/legal/connect- account (collectively, the “PSP Agreement”), which may be modified by the PSP from time to time. By accepting these Terms of Use, each Professional agrees that they have downloaded or printed, and reviewed and agreed to the PSP Agreement. Please note that the Company is not a party to the PSP Agreement and that you, the PSP and any other parties listed in the PSP Agreement are the parties to the PSP Agreement and that the Company has no obligations or liability to any Professional under the PSP Agreement.
Company reserves the right, in its sole discretion (but not the obligation), to (i) place on hold any payments from the Client for Services and out of pocket expenses, or (ii) refund, provide credits or arrange for the PSP to do so.
We may decide not to authorize or settle any transaction that you submit to us if we believe in our sole discretion that the transaction is in violation of these Terms of Use or any other Mersi Studio agreement, or that it exposes Professionals, other Mersi Studio Users, the PSP or Mersi Studio to harm. Harm includes fraud and other criminal acts as determined by Mersi Studio in our sole discretion. If we suspect that your Account has been used for an unauthorized, illegal, or criminal purpose, you give us express authorization to share information about you, your Account, and any of your transactions with law enforcement. In addition, you agree that you will only be accepting payments on behalf of your business for the services that your business offers. You cannot accept payments on behalf of any other merchant, individual or entity. Any act to facilitate payment on behalf of another party other than the business and services you represent is in clear violation of Terms of Use and will be deemed to be criminal activity, punishable by law, for which you will be solely responsible for.
Mersi Studio works with any US-issued and most non-US issued credit, debit, prepaid, or gift cards (“Cards”) with a Visa, MasterCard, or Discover logo. We may remove or add Cards that we accept at any time without prior notice. We will only process Cards that receive an authorization from the applicable Network and Card issuer. You understand that there may be times when the Client may not be the authorized user of the Card or that such Client may otherwise contest the transaction through the Chargeback process (described below). You agree to comply with the Chargeback process and to liability associated with such Chargebacks.
The Networks require that you and Mersi Studio comply with all applicable bylaws, rules, and regulations (“Network Rules”). The Networks amend their rules and regulations from time to time. Mersi Studio may be required to change these Terms of Use in connection with amendments to the Network Rules. Significant portions of the Network Rules are available to the public at www.visa.com, www.mastercard.com, and www.americanexpress.com.
Network Rules currently prohibit you from dispensing cash on any Card transaction. The Rules also restrict your ability to assess a surcharge or split a single transaction into multiple transactions except in certain limited situations.
Your use of Network logos is governed by the Rules; you agree to familiarize yourself with and to comply with these requirements. ACCESS TO ACCOUNT FUNDS Subject to the payout schedule identified below, we will deposit amounts received by us for transactions you submit through the Mersi Studio Services (less any applicable Fees) to your verified bank account.
In the event the bank account you link to your Account is incorrect and Mersi Studio is not able to debit or credit the bank account, the bank account will be de-linked from your Account.
If you do not have an ACH-enabled bank account linked to your Account, you may request a physical check. Check requests may be subject to a processing fee and an identity verification process. It is your obligation to request a check or otherwise link an ACH-enabled bank account to your Account to receive your funds.
Funds for any given transaction will not be deposited until the transaction is deemed complete. Transactions will be deemed complete when we have received or sent the funds and when we or the designated financial institutions have accepted the transaction or funds.
Once you validate your US bank account, and have ten dollars or more in your Account, Mersi Studio will automatically initiate a payout to your bank account at the end of every business day when you have more than ten dollars in your account. Payouts to your bank account for payments received before 4pm Pacific Time will usually fund the next business day.
Should Mersi Studio need to investigate or resolve any pending dispute related to your Account, we may defer payout or restrict access to your funds for the entire time it takes for us to do so. We also may defer payout or restrict access to your funds as necessary to comply with applicable law or court order, or if otherwise requested by law enforcement or governmental entity.
You are responsible for determining all taxes assessed, incurred, or required to be collected, paid, or withheld for any reason in connection your use of our software and the Mersi Studio Services (“Taxes”). You also are solely responsible for collecting, withholding, reporting, and remitting correct Taxes to the appropriate tax authority. We are not obligated to, nor will we determine whether Taxes apply, or calculate, collect, report, or remit any Taxes to any tax authority arising from any transaction. Mersi Studio specifically disclaims any liability for Taxes.
If in a given calendar year you receive (i) more than $20,000 in gross amount of payments and (ii) more than 200 payments, Mersi Studio will report annually to the Internal Revenue Service (“IRS”), as required by law, your name, address, Tax Identification Number (such as a Social Security Number (SSN), or Employer Identification Number (EIN)), the total dollar amount of the payments you receive in a calendar year, and the total dollar amount of the payments you receive for each month in a calendar year. Whether you reach $20,000 in payments or more than 200 payments will be determined by looking at the SSN associated with your Account.
Each Professional, as a separate entity from Mersi Studio, is solely responsible for all customer service issues relating to such Professional’s goods or services, including without limitation, any services performed or offered, pricing, order fulfillment, order, or appointment cancellation, returns, refunds and adjustments, rebates, functionality and warranty, and feedback concerning experiences with such Professional, any personnel, their policies, or processes. In performing customer service, Professionals must present themselves as a separate entity from Mersi Studio. As between Professionals and Mersi Studio, Mersi Studio is solely responsible for customer service issues relating to any Account, payment, Card processing, debiting, or crediting.
By accepting payment Card transactions with Mersi Studio, you agree to process returns of, and provide refunds and adjustments for, your goods or services through your Account in accordance with these Terms of Use and Network Rules. Network Rules require that you will (a) maintain a fair return, cancellation, or adjustment policy; (b) disclose your return or cancellation policy to Clients at the time of purchase, (c) not give cash refunds to a client in connection with a Card sale, unless required by law, and (d) not accept cash or any other item of value for preparing a Card sale refund. The amount of the refund/adjustment must include any associated taxes required to be refunded and cannot exceed the amount shown as the total on the original sales data except by the exact amount required to reimburse the Client for postage that the Client paid to return merchandise. If you accept returns and are making an uneven exchange of merchandise (e.g., the sales price is not the same), you must issue a credit for the total amount of the merchandise being returned and complete a new sale for any new merchandise. Please be aware, if your refund policy prohibits returns or is unsatisfactory to the Client, you may still receive a Chargeback relating to such sales.
You can process a refund through your Account up to sixty (60) days from the day you accepted the payment. If your available Mersi Studio balance is insufficient to cover the refund, Mersi Studio will request your authorization to withdraw up to the requested refund amount from your bank account. Mersi Studio will then withdraw the amount you were paid (the sale amount minus the initial transaction fee) from your bank account, and credit it back into your Client’s Card. The Fees are also refunded by Mersi Studio, so the full purchase amount is always returned to your client. Mersi Studio has no obligation to accept any returns of any of your goods or services on your behalf.
The amount of a transaction may be reversed or charged back to your Account (a “Chargeback”) if the transaction (a) is disputed, (b) is reversed for any reason by the Network, our processor, or a Client or our financial institution, (c) was not authorized or we have any reason to believe that the transaction was not authorized, (d) is allegedly unlawful, suspicious, or in violation of the terms of these Terms of Use.
Mersi Studio is not liable for any losses relating to Chargebacks, fraudulent charges, or other actions by any User that are deceptive, fraudulent, or otherwise invalid as determined in Mersi Studio’s sole discretion (“Fraudulent Actions”). By using the Mersi Studio Services, you hereby release Mersi Studio from any liability arising from Fraudulent Actions. You will also use best efforts to promptly notify Mersi Studio of any Fraudulent Actions which may affect the Mersi Studio Services. Mersi Studio reserves the right, in its sole discretion, to terminate the account of any User that engages in, or enables any other User to engage in, Fraudulent Actions.
For any transaction that results in a Chargeback, we may withhold the Chargeback amount in a Reserve. We may debit the amount of any Chargeback and any associated Fees, fines, or penalties listed in the Fee Schedule or assessed by the Association or our processor from your Account (including without limitation any Reserve), any proceeds due to you, your bank account, or other payment instrument registered with us. If you have pending Chargebacks, we may delay payouts from your Account. Further, if we reasonably believe that a Chargeback is likely with respect to any transaction, we may withhold the amount of the potential Chargeback from payments otherwise due to you under these Terms of Use until such time that: (a) a Chargeback is assessed due to a Client’s complaint, in which case we will retain the funds; (b) the period of time under applicable law or regulation by which the Client may dispute that the transaction has expired; or (c) we determine that a Chargeback on the transaction will not occur. If we are unable to recover funds related to a Chargeback for which you are liable, you will pay us the full amount of the Chargeback immediately upon demand. You agree to pay all costs and expenses, including without limitation attorneys’ fees and other legal expenses, incurred by or on behalf of us in connection with the collection of all Account deficit balances unpaid by you. In the event of a Chargeback, you are required by law to release the funds to Mersi Studio while the dispute investigation is underway. If there is a Chargeback for which Mersi Studio is unable to recover and hold funds for while the dispute resolution process is underway, you must make them available immediately upon Mersi Studio’s request. Failure to do so is deemed fraudulent, criminal activity and will be punishable by law. In addition, you will also be responsible for all costs and expenses, including without limitation attorney’s fees and other legal expenses, incurred by Mersi Studio to reclaim the funds for this Chargeback.
If we determine that you are incurring an excessive number of Chargebacks, we may establish controls or conditions governing your Account, including without limitation, by (a) establishing new processing fees, (b) creating a Reserve in an amount determined by us to cover anticipated Chargebacks and related fees, (c) delaying payouts, and (d) terminating or suspending the Mersi Studio Services.
You agree to assist us when requested, at your expense, to investigate any of your transactions processed through the Mersi Studio Services. To that end, you permit us to share information about a Chargeback with the Client, the Client’s financial institution, and your financial institution to investigate and/or mediate a Chargeback. We will request necessary information from you to contest the Chargeback. If the Chargeback is contested successfully, we will release the reserved funds to your Account. If a Chargeback dispute is not resolved in your favor by the Network or issuing bank or you choose not to contest the Chargeback, we may recover the Chargeback amount and any associated fees as described in these Terms of Use. You acknowledge that your failure to assist us in a timely manner when investigating a transaction, including providing necessary documentation within fifteen (15) days of our request, may result in an irreversible Chargeback. We reserve the right, upon notice to you, to charge a fee for mediating and/or investigating Chargeback disputes.
You grant us a security interest in, as well as a right of setoff against, and hereby assign, convey, deliver, pledge and transfer to us, as security for repayment of any obligations due under these Terms of Use, all your right, title, and interest in and to all your accounts with us. However, this grant will not apply to any accounts for which the grant of a security interest would be prohibited by law. You authorize us, without prior notice to you and irrespective of (i) whether we have made demand under these Terms of Use or any other related agreements; and (ii) whether the obligation is contingent, matured or unmatured, to the extent permitted by law, to collect, charge, and/or setoff all sums owing on the indebtedness against any and all such accounts and other obligations, and our option, to administratively freeze or direct any third party bank holding the account to freeze all such accounts to allow us to protect our security interest, collection, charge and setoff rights as provided for in this section.
If there is no activity in your Account (including access or payment transactions) for at least two years, consecutively, and you have a balance, we will notify you by sending an email to the email address associated with your Account and give you the option of keeping your Account open and maintaining the balance, withdrawing the balance, or requesting a check. If you do not respond to our notice within thirty days, we will automatically close your Account and escheat your funds in accordance with applicable law, and if permitted, to Mersi Studio.
We will attempt to rectify processing errors that we discover. If the error resulted in your receipt of less than the amount to which you were entitled, Mersi Studio will credit your Account for the difference. If the error results in your receipt of more than the amount to which you were entitled, Mersi Studio will debit the extra funds from your Account. Mersi Studio will only correct transactions that you process incorrectly if and when you notify us of such an error. Your failure to notify us of a processing error within thirty days of when it first appears on your electronic transaction history will be deemed a waiver of any right to amounts owed to you.
Professionals may offer loyalty programs to Clients. If a Professional offers such a loyalty program, the Professional (and not Mersi Studio) is responsible for ensuring that its program and any associated rewards are compliant with applicable federal and state laws, including laws governing prepaid cards and exclusive offers such as rebates and coupons. Professionals agree to make available to Clients any terms and conditions applicable to such Professional’s loyalty program.