User Agreement for the Peery Academy Professional Payment Processing Service
Peery Academy's Professional Payment Processing is offered as a subscription service to
Teachers and Students in a private music teaching environment. All other Peery Academy services
are free.
The Teacher fee for ppp is $2 per month. The teacher fee is taken out of the teacher's
monthly payout. The bank information given is used for deposit purposes only.
Student members pay 4% of their tuition to use ppp. The 4% fee is included in the
student's tuition.
These fees are subject to change, but existing users will receive at least thirty
days notice prior to changes to the aforementioned subscription rates.
Lessons are billed according to a quaterly billing cycle. Fall Quarter: September-November.
Winter Quarter: December-February. Spring Quarter: March-May. Summer Quarter: June-August.
A student's account will begin to be charged the first day of the first month following
registration. Billing information received on or after the first will be charged
on the first day of the month following. The student will continue to be billed
the first day of each quarter or month depending on their chosen payment plan. If
a student registers in the middle of a quarter, tuition will be pro-rated according
to how many months are left in the current quarter.
A student may elect to make payments once a month or once a quarter. Payments made
once a month include a 1% service charge.
A student may change payment plans at any time. Payment plan changes take effect
on the first day of the student's billing cycle following request of change. Online
users may change their payment plan in the Billing Info secion of ppp. Offline users
may change plans by calling customer support at 650-961-7137 or by submitting a
written request to Peery Academy. Requests must include: Student's name, Teacher's name,
Payment Plan Preference and must be sent to Peery Academy Inc., 970 W Dana Street, Mountain
View, CA 94041.
Personal information or billing changes can be submitted online within the ppp section
of peeryacademy.com. Offline users may submit changes by calling customer support or in
writing.
Teachers may elect to discontinue using ppp at any time by removing all students
from their roster on peeryacademy.com. Peery Academy does not reimburse tuition to students for
lessons not received in the month of cancellation. Teachers are strongly encouraged
to remove students ony after student's last lesson of the month of removal. Students
paying quarterly will be reimbursed for the remaining months after the month of
removal in the quarter. Miscellaneous fees and credits remaining in the student's
account at time of removal will be applied to the next teacher payout and will be
applied to the student.
Peery Academy's Process Integrity Program (PIP) handles grievances regarding charges that
fail to be resolved between teacher and student. Grievance statements and all supporting
documentation must be signed and received by Peery Academy Inc no later than 90 days of
the charge date.
Upon the third grievance received between the same teacher and student within an
18 month period, the student's Peery Academy membership will be suspended. A suspended student
must re-register their Peery Academy account with a different studio. Additionally, $25
will be deducted from a teacher's payout for every submitted grievance over three
in an 18 month period.
Students may elect to discontinue using ppp at any time by unsubscribing from the
service within the ppp section of peeryacademy.com or by giving written notice. Written
notice will take effect on receipt. Online notice will take effect upon submission.
Outstanding fees or credits will be applied on the first day of the first month
following removal. Credits will be reimbursed to students in the form of a check.
This User Agreement ("Agreement" or "User Agreement") is a contract
between you ("Teacher") and Peery Academy, Inc. and applies to your use of the
Peery Academy payment service and any related products and services (collectively the "Service").
This Agreement affects your rights and should be read carefully. We encourage you
to print the Agreement or copy it to your computer's hard drive for your reference.
For additional information about the Service and how it works, please also consult
the Peery Academy Process Integrity Program or the Help FAQs. In this Agreement, "you"
or "your" means any professional using the Service ("Users").
Unless otherwise stated, "Peery Academy," "we" or "our" will
refer collectively to Peery Academy, Inc. and its subsidiaries, affiliates, directors, officers,
employees, agents and contractors.
By clicking "I Agree", "I Accept"; or by submitting payment
information through the Service you agree to the terms and conditions of this Agreement,
the Peery Academy Privacy Policy, and any documents incorporated by reference. You further
agree that this User Agreement forms a legally binding contract between you and
Peery Academy, and that this Agreement constitutes "a writing signed by You" under
any applicable law or regulation. Any rights not expressly granted herein are reserved
by Peery Academy, Inc. This Agreement is subject to change by Peery Academy without prior notice
(unless prior notice is required by law), by posting of the revised Agreement on
the Peery Academy website. Descriptions of material amendments to this Agreement will be
posted in advance on the Peery Academy website in the "Policy Updates" section
that is displayed to you when you log in to your account. Unless otherwise specified,
all references to a "bank" in this Agreement include savings associations
and credit unions, and all references to a "credit card" include Visa-
and MasterCard-branded debit cards. This Agreement was last modified on February
1, 2002.
I. The Legal Relationship Between You and Peery Academy
II. User Responsibilities
III. Sending Payments
IV. Receiving Payments
V. Rights, Obligations and Disclaimers of Peery Academy
VI. Electronic Fund Transfer Rights and Error Resolution
VII. Process Integrity Program
I. The Legal Relationship between You and Peery Academy
By registering for the Service, you appoint Peery Academy as your agent to process payments
on your behalf in accordance with your instructions, subject to the terms and restrictions
of this Agreement. Peery Academy will at all times hold your funds separate from its corporate
funds, will not use your funds for its operating expenses or any other corporate
purposes, and will not voluntarily make funds available to its creditors in the
event of bankruptcy or for any other purpose. You acknowledge that (i) Peery Academy is
not a bank and the Service is a payment processing service rather than a banking
service, and (ii) Peery Academy is not acting as a trustee, fiduciary or escrow with respect
to your funds, but is acting only as an agent and custodian.
You are not required to keep funds in the Peery Academy system (i.e., carry a balance in
your Peery Academy agency account) in order to use the Service. Peery Academy will pool your funds
together with funds from other Users, and will place those funds in accounts at
one or more FDIC-insured banks ("Pooled Accounts"). You agree that any
earnings on the Pooled Accounts will be the property of Peery Academy, and you will not
receive interest or other earnings on the funds that Peery Academy handles as your agent.
By initiating and sending credits, debits, or billing rates through the Service
you appoint Peery Academy as your agent to obtain the funds on your behalf and to transfer
the funds from the student that you designate.In the event that you are issuing
a credit, the students account will be credited, but no chargebacks will be issued
unless the teaching relationship has been severed.Peery Academy will obtain the funds first
by debiting your funds in the Pooled Account. You will be receive monies at regularly
scheduled intervals from the Pooled Account.
By receiving payments through the Service, you appoint Peery Academy as your agent to cause
the funds to be deposited on your behalf in the Pooled Accounts until your regularly
scheduled direct deposit.If you receive a notice that a payment has been sent to
you through Peery Academy but you have not registered for the Service, Peery Academy will not become
your agent and you will have no claim to those funds unless and until you register
for the Service and indicate your acceptance of the payment.
II. User Responsibilities
1.Eligibility. In order to use the Service, you must register your studio,
supply a check routing number, and register a student or client.
As of January 1, 2002, you must be at least 18 years of age to register for an account
and use the Service.
2.Registration Information. You agree to provide true, accurate and complete
registration information and to maintain and promptly update your information as
applicable. You agree not to impersonate any other person or use a name that you
are not authorized to use. If any information you provide is untrue, inaccurate,
not current, or incomplete, without limiting other remedies, Peery Academy has the right
to terminate your use of the Service and Peery Academy, its agents, suppliers, and subcontractors
have the right to recover from you any costs or losses incurred as a direct or indirect
result of the inaccurate or incomplete information.
You authorize Peery Academy, directly or through third parties, to make any inquiries we
consider necessary to validate your registration. This may include ordering a credit
report and performing other credit checks or verifying the information you provide
against third party databases.
3.Prohibited Transactions. You agree that you will not use Peery Academy to accept
payment for illegal products or services, including but not limited to materials
that infringe the intellectual property rights of third parties. You will not use
the Service, the Peery Academy website or any of the services offered therein for any unlawful
or fraudulent activity. The Service is designed for use in the music education industry.
Use of the system for purposes not related to music education (i.e. teaching, instrument
maintenance, etc.) is prohibited. If Peery Academy has reason to believe that you may be
engaging in or have engaged in fraudulent, unlawful, prohibited, or improper activity,
including without limitation any violation of any terms and conditions of this Agreement,
your access to the Service may be suspended or terminated.
You also agree not to use your Peery Academy account to sell securities,opportunities, franchises,
multi-level marketing, or goods with delivery delayed more than 20 days from the
date of payment. You agree not to impersonate a Peery Academy User or a Peery Academy representative,
or to request that a Peery Academy customer provide you with their password or other information
to access their account.
4.Electronic Communications. To the fullest extent permitted by applicable
law, this Agreement and any other agreements, notices or other communications regarding
your account and/or your use of the Service ("Communications"), may be
provided to you electronically and you agree to receive all Communications from
Peery Academy in electronic form. Electronic Communications may be posted on the pages within
the Peery Academy website and/or delivered to your Email address. You may print a copy of
any Communications and retain it for your records. All Communications in either
electronic or paper format will be considered to be in "writing," and
to have been received no later than five (5) days after posting or dissemination,
whether or not you have received or retrieved the Communication. Peery Academy reserves
the right but assumes no obligation to provide Communications in paper format. Your
consent to receive Communications electronically is valid until you revoke your
consent by notifying Peery Academy of your decision to do so by contacting us through this
form or by telephoning customer service. If you revoke your consent to receive Communications
electronically, Peery Academy will terminate your right to use the Service.
5.Correct Email. You agree and warrant that you have access to the Internet
and to a current functional personal Email address. Although we will take reasonable
steps to contact you based on information that you have provided us, Peery Academy will
not be liable for any undelivered Email communications or any costs you incur for
maintaining Internet access and an Email account. You have an AFFIRMATIVE OBGLIGATION
to provide Peery Academy with a correct and operational Email address, and to notify Peery Academy
promptly as to any changes or cancellations of any and all Email addresses you provide
Peery Academy. Failure to provide Peery Academy with a current, working, functional, personal Email
address, and/or failure to update Peery Academy in a change or cancellation of your Email
address, or if Peery Academy has reason to believe that either have occurred may result
in any or all of the following, non-exclusively: (1) the removal or deactivation
by Peery Academy of a non-functional Email address from your account; (2) the replacement
of a secondary Email address as a new permanent Email address associated with your
account; (3) an alteration to your user preferences regarding Peery Academy Email notifications;
and/or (4) attempts by Peery Academy to reach you personally by phone, fax or postal mail.
Peery Academy reserves the right to take measures to ensure the integrity of its contact
directory, and expects that you, as a user, will cooperate and keep your contact
information current.
6.No Spam. You agree not to use email addresses of Peery Academy customers to send
unsolicited email. You agree not to use unsolicited email, usenet, message board
postings, or similar methods of mass messaging (spam) to gather referral bonuses.
The use of spam to promote the Service has strict negative consequences. We will
immediately and permanently terminate the account of any User who has sent unsolicited
email targeting Peery Academy Users to gain referrals or for any other purpose. In addition,
you may be subject to state and federal penalties and other legal consequences under
applicable law if you send unsolicited email. Our Anti-Spam Policy is intended to
protect our users, the Internet, and us.
7.Unclaimed Property. If you do not access your account for a period of three
years, it will be terminated. After the date of termination, we will use the information
you provided to try to send you any funds that we are holding in custody for you.
If that information is not correct, and we are unable to complete the payment to
you, your funds will be subject to applicable state laws regarding escheat of unclaimed
property.
8.Passwords. You may not reveal your account password(s) to anyone else,
nor may you use anyone else's password. Peery Academy is not responsible for losses incurred
by Users as the result of their misuse of passwords.
9.Closing Your Account. You may close your account at any time. Upon closure
of an account, any pending transactions will be canceled. Any funds that we are
holding in custody for you at the time of closure, less any applicable fees, will
be paid to you by check, assuming all withdrawal related authentication requirements
have been fulfilled.You may not use closure of your account as a means of evading
investigation - if an investigation is pending at the time you close your account,
Peery Academy may continue to hold your funds for up to 180 days as appropriate to protect
Peery Academy against the risk of reversals. If you are later determined to be entitled
to some or all of the funds in dispute, Peery Academy will make an additional payment of
those funds to you. You will remain liable for all obligations related to your account
even after such account is closed.
10.Hacking. If you use, or attempt to use the Service for purposes other
than sending and receiving payments and managing your account, including but not
limited to tampering, hacking, modifying or otherwise corrupting the security or
functionality of Service, your account will be terminated and you will be subject
to damages and other penalties, including criminal prosecution where available.
11.Assignability. You may not transfer any rights or obligations you may
have under this Agreement without the prior written consent of Peery Academy. Peery Academy reserves
the right to transfer this Agreement or any right or obligation under this Agreement.
12.Indemnification. You agree to indemnify and hold Peery Academy, its affiliates,
officers, directors and employees harmless from any claim, action, demand, loss,
or damages (including attorneys' fees) made or incurred by any third party arising
out of or relating to your use of the Service.
13.Choice of Law. This Agreement is governed by and interpreted under the
laws of the state of California, U.S. as such laws are applied to agreements entered
into and to be performed entirely within California by California residents.
14.Arbitration. Any controversy or claim arising out of or relating to this
Agreement or the provision of Services shall be settled by binding arbitration in
accordance with the commercial arbitration rules of the American Arbitration Association.
Any such controversy or claim shall be arbitrated on an individual basis, and shall
not be consolidated in any arbitration with any claim or controversy of any other
party. The arbitration shall be conducted in Santa Clara County, California, and
judgment on the arbitration award may be entered in any court having jurisdiction
thereof. Either you or Peery Academy may seek any interim or preliminary relief from a court
of competent jurisdiction in Santa Clara County, California necessary to protect
the rights or property of you or Peery Academy, Inc. (or its agents, suppliers, and subcontractors)
pending the completion of arbitration.
III. Sending Payments
1.Registration
U.S. Users.Your students need to have a credit card or bank account confirmed
with Peery Academy before they can send payments.
In order to receive their payments Teachers and the students entered on their roster
must complete the registration process. Peery Academy reserves the right to decide that
accounts at certain banks may not be used for Verification. Some accounts, at Peery Academy's
discretion, will be required to complete our Membership Confirmation Process.
IV. Receiving Payments
1.Receipt of Payments; Risk of Reversal of Transactions; Collection of Funds you
owe Peery Academy. When you receive a payment through the Service, unless you follow
the steps proscribed in our Process Integrity Program, described in Part VII of
this User Agreement, you are not protected against a subsequent reversal of the
transaction. In the event that the sender's transaction is reversed for any reason,
you will owe Peery Academy for the amount of the reversed transaction plus any fees imposed
on Peery Academy as a result of the reversal. Examples of such a reversal include, but are
not limited to, a credit card reversal by the sender of the payment, and a reversal
of the transaction because the sender of the payment was using a stolen credit card
or unauthorized bank account. Peery Academy will seek to recover the funds from you by debiting
your monthly payment and, if there are not sufficient funds in your monthly payout
balance, Peery Academy reserves the right to collect your debt to Peery Academy by other legal means.
2.No Surcharges. Under Visa, MasterCard, Discover and American Express regulations
and the laws of several states, including California, merchants may not charge a
fee to the buyer for accepting credit card payments (often called a "surcharge").
You agree that you will not impose a surcharge or any other fee for accepting Peery Academy
as payment. This restriction does not prevent you from imposing a handling fee in
connection with the sale of goods or services, as long as the handling fee does
not operate as a surcharge (in other words, the handling fee for transactions paid
through Peery Academy may not be higher than the handling fee for transactions paid through
other payment methods).
V. Rights, Obligations and Disclaimers of Peery Academy
1.Privacy. We take the privacy of your personal information very seriously
at Peery Academy. We have developed a separate Privacy Policy, and ask you to review that
Policy for more information on this topic.
2.Processing. Peery Academy shall make reasonable efforts to ensure that requests
for electronic debits and credits involving bank accounts, credit cards, and check
issuances are processed in a timely manner. However, a number of factors, several
of which are outside of our control, will contribute to when the funds are received.
We make no representations or warranties regarding the amount of time needed to
complete processing, such as delays in the banking system or the U.S. or international
mail service, nor shall we be liable for any actual or consequential damages arising
from any claim of delay.
3.Closing and Restricting Accounts.
Peery Academy, at its sole discretion, reserves the right to close an account at any time
for any reason, including but not limited to a violation of this Agreement, upon
notice to the User and payment to the User of any unrestricted funds held in custody.
Peery Academy, at its sole discretion, also reserves the right to restrict payments from
an account for any one of the events listed below. If the dispute covers only a
specific transaction, we will only restrict funds related to that particular transaction.
If your account is restricted, you will be notified by Email and requested to provide
information relevant to your account. Peery Academy will investigate the matter promptly.
If the investigation is in your favor, we will unrestrict your account. If the investigation
is not in your favor, Peery Academy may return funds to the sender and unrestrict the remainder
of your account, continue the restriction for up to 180 days as to funds necessary
to protect Peery Academy against the risk of reversals, or may close your account by giving
you notice and mailing a check for any funds in your account (minus funds that are
in dispute) to the address that you have provided. If you are later determined to
be entitled to the funds in dispute, Peery Academy will make an additional payment of those
funds to you.
*Reports of unauthorized or unusual credit card use associated with the account
including, but not limited to, notice by the card issuing bank
*Reports of unauthorized or unusual bank account use associated with the account
*Complaints received regarding non-shipment of merchandise, non-delivery of services,
merchandise not as described, or problems with merchandise shipped
*Initiation by a buyer of a reversal process through the buyer's issuing bank without
first pursuing the Process Integrity Program described below.
*Receipt of potentially fraudulent funds
*Excessive disputes or reversals, or attempts to "double dip" by receiving
funds in a dispute both from Peery Academy and through a reversal or a refund from the seller,
*Refusal to cooperate in an investigation or provide confirmation of identity when
requested
*Initiation of transactions considered to be cash advances or assisting in cash
advances
*Sending unsolicited email or posting referral links on websites where they are
not permitted
*The account has been used in or to facilitate fraudulent activity
*Violations of this User Agreement
*Name on the bank account associated with the Peery Academy account does not match the name
on the Peery Academy account
*Return of an incoming Electronic Funds Transfer for insufficient funds in the bank
account, incorrect bank routing number, or incorrect bank account number
*Use of an anonymizing proxy.
Peery Academy will use reasonable efforts to investigate accounts that are subject to a
restriction and to reach a final decision on the restriction promptly.
4.Termination. Peery Academy, in its sole discretion, reserves the right to terminate
this Agreement, access to its website, or access to the Service for any reason and
at any time upon notice to you and payment to you of any unrestricted funds held
in custody for you.
5.Trademarks. Peery Academy.com, Peery Academy and all related logos, products and services
described in this website are either trademarks or registered trademarks of Peery Academy,
Inc., or its licensors, and (aside from the circumstances described in "Use
of Logos" below) may not be copied, imitated or used, in whole or in part,
without the prior written permission of Peery Academy. In addition, all page headers, custom
graphics, button icons, and scripts are service marks, trademarks, and/or trade
dress of Peery Academy and may not be copied, imitated, or used, in whole or in part, without
the prior written permission of Peery Academy.
Notwithstanding the above, HTML logos provided by Peery Academy through its Affiliate Program,
Web Accept feature, or Auctions Tools features ("Logos"), may be used
without prior written consent for the purpose of directing web traffic to the Service.
These Logos may not be altered, modified, or changed in any way, or used in a manner
that is disparaging to Peery Academy or the Service. Logos may not be displayed in any manner
that implies sponsorship or endorsement by Peery Academy. With this agreement you assign
the collection of your receivables to Peery Academy Inc. No partnership, joint venture,
employee-employer or franchiser-franchisee relationship is intended or created by
this Agreement.
6.Miscellaneous Disclaimers.
a.Peery Academy reserves the right to hold funds beyond the normal distribution periods
for transactions it deems suspicious to ensure integrity of the funds.
b.Peery Academy shall not be responsible for payments made to unintended Recipients or for
payments made in incorrect amounts due to the input of incorrect information by
Senders.
c.Verification of Users is only an indication of increased likelihood that a User's
identity is correct. Peery Academy shall not be responsible for any fraud, deception or
misrepresentations by Users, whether or not the User is Verified. However, Peery Academy's
Process Integrity Program, described below, will seek to assist Users who may be
the victims of fraud if they report the problem promptly.
d.Peery Academy shall not be obligated to pay a User for any Payments for which Peery Academy has
not been fully paid by the Sender's credit card issuer or bank, as applicable.
e.Peery Academy will not have any liability in connection with any unauthorized interception
or use of data relating to you or the Peery Academy service; any inability by you to use
or access the service or the Peery Academy website for any reason; any actions or transactions
by an individual that uses your user name and password with your consent or knowledge;
or any cause over which Peery Academy, Inc. does not have direct control, including problems
attributable to computer hardware or software (including computer viruses), telephone
or other communications, or Internet service providers.
f.In no event shall Peery Academy be liable (A) for damages caused other than by intentional
misconduct or (B) for any indirect, special, incidental, consequential or punitive
damages whatsoever (including, but not limited to, damages for lost profits, disclosure
of confidential information, or loss of privacy), arising out of or in any way related
to your use of or inability to use the Service or the Peery Academy website, even if Peery Academy,
Inc. has been advised of the possibility of such damages. In no event shall Peery Academy,
Inc. be liable for any act or omission of any third party (such as, for example,
any provider of telecommunications services, internet access or computer equipment
or software) or any circumstances beyond our control (such as, for example, a fire,
flood, or other natural disaster, war, riot, strike, act of civil or military authority,
equipment failure, computer virus, or failure or interruption of electrical, telecommunications
or other utility services).
g.Peery Academy reserves the right to require Users who receive payments through Peery Academy and
operate with high reversal rates or otherwise present a relatively high risk of
losses to choose between closure of their Peery Academy account or entering into an additional
agreement addressing such risks, which may include higher fees.
VI. Electronic Fund Transfer Rights and Error Resolution
1.It is very important that you contact us at once if you believe your user ID or
password has been compromised, or if someone has transferred or may transfer money
from your account without your permission. Under applicable banking regulations,
the extent of your liability for an unauthorized transaction is largely determined
by your promptness in notifying us or your bank if someone has gained access to
your password, or if a transfer or withdrawal in your monthly statement is incorrect
or unauthorized. Notifying us quickly limits your liability:
a.Ifyou notify us within two days after you learn that your password or other means
to access your account may have become known by an unauthorized person, you can
lose no more than $50.00 if an unauthorized person uses your password or other means
to access your account without your permission to initiate a transaction. If you
do not notify us within two days, and we can prove that we could have stopped someone
from using your password or other means to access your account without your permission
if you had told us, you could be liable for as much as $500.00.
b.You can inspect your transaction history at any time by logging in to your account
on the Peery Academy website.
c.In case of unauthorized transactions you should notify Peery Academy via Email. Please
1) Tell us your name and primary email address; 2) Describe the error or the transaction
you are unsure about, and explain as clearly as you can why you believe it is an
error or why you need more information; and, 3) Tell us the dollar amount of the
suspected error. If you tell us by telephone, we may require that you send your
complaint in writing within ten (10) days. We will tell you the results of our investigation
within ten (10) days after we hear from you, and will correct any error promptly.
If we need more time, however, we may take up to forty-five (45) calendar days to
investigate the complaint or question. If we decide to do this, we will provisionally
credit your transaction account within ten (10) days for the amount you think is
in error, so that you may have the use of the money during the time it takes us
to complete our investigation. If we ask you to put your complaint or question in
writing and we do not receive it within ten (10) days, we may not provisionally
credit your transaction account. If we determine there was no error, we will mail
you a written explanation within three (3) days after we finish the investigation.
You may ask for copies of documents that we used in our investigation. We may revoke
any provisional credit provided to you if we find that an error did not occur.
VII. Process Integrity Program
In general.Peery Academy's Process Integrity Program as defined below, is designed
to try to help remove the tension of money matters from the teaching relationship
while maintaining the highest levels of accuracy in the payment process. This program
also helps to reduce the risk of reversals for teachers who follow specified risk-reduction
procedures.
2.Process Integrity Program
A.Teacher catches issue
i.Corrects with fees or credits
ii.Notifies Peery Academy
iii.Peery Academy investigates and provides report
B.Student catches issue
i. notifies Teacher
ii.Teacher agrees- Teacher makes adjustment or notifies Peery Academy
iii.Teacher disagrees- Student escalates issue to Peery Academy
iv. Peery Academy investigates and provides report.
Limitations
i.Student gets three escalations in an 18 month period, after which time Peery Academy will
no longer process payment between that student and that teacher.
ii.Teacher gets three free escalations, afterwhich the teacher is subject to a $20.00
charge back fee.
3.Credit Card Transactions: PIP does not replace or reduce any other consumer
rights Users may have, including reversal rights that may be granted by a User's
credit card issuer. Peery Academy is the merchant of record with respect to all credit card
transactions through the Peery Academy service to purchase goods or services. As such, we
afford customers the rights and privileges expected of a credit card transaction.
You acknowledge that Peery Academy does not control the outcome of any reversal decision
initiated through a User's credit card issuer.
Peery Academy encourages all buyer purchase disputes to be filed and resolved through the
Peery Academy dispute resolution process, and reserves the right to terminate or restrict
account privileges of buyers who file reversal complaints without attempting to
resolve the complaints through Peery Academy. If a reversal claim is initiated, whether
as a result of a dispute or for any other reason, the parties agree to provide to
any requesting party on a timely basis any and all necessary documentation to resolve
any reversal or dispute. Peery Academy DOES NOT act as the agent of either party in any
transaction or resulting dispute, though Peery Academy does control the outcome of disputes
initiated through the Service's dispute resolution process.
If you receive funds through a Peery Academy transaction funded with the sender's credit
card, in the event the credit card transaction is charged back and you do not qualify
for PIP, you agree to hold Peery Academy harmless for the reversal amount and to reimburse
Peery Academy from either your Peery Academy account or by other means.
VIII. Additional Terms of Use
1.Account Information. In addition to the terms listed above, you further
agree that Peery Academy may access and disclose information about you or your use of the
Studio Service when Peery Academy deems such action necessary or appropriate to comply with
the law or legal process, to protect Peery Academy's systems and customers, or to ensure
the integrity and operation of Peery Academy's systems. Unless otherwise prohibited by law,
such disclosure may include, without limitation, user profile information (e.g.,
name, Email address, etc.), transaction information, IP address and traffic information,
and usage history.
2.Contact and Refund Information. Each user will be required to input its
customer service contact information into the Account application upon registration.
You agree to clearly identify your customer service contact information, including
but not limited to your name, address, telephone number, fax number and Email address.
You further agree to update such information to keep it true, accurate, current,
and complete. You agree to clearly disclose your refund policies on your website.
3.Taxes. Each user is required to provide its Taxpayer Identification Number
(TIN: EIN if incorporated, otherwise a social security number) upon request. It
is your responsibility to determine what, if any, taxes apply to the payments you
make or receive and to collect, report and remit the correct tax to the appropriate
tax authority. Peery Academy is not obligated to determine whether taxes apply, and is not
responsible to collect, report, or remit any taxes arising from any transaction.
4.Account Use. By accepting the terms as outlined in this Agreement, you
attest that you hold all the necessary licenses to engage in the advertising and
sale of the goods and services offered for sale or use. You will not use the Service, the website or any of the services
offered therein for any unlawful, fraudulent or improper activity. If Peery Academy has
reason to believe that you may be engaging in or have engaged in fraudulent, unlawful,
or improper activity, including without limitation any violation of any terms and
conditions relating to the Service, the website or any related services, your access
to the Service may be suspended or terminated. You will cooperate fully with Peery Academy
to investigate any suspected unlawful, fraudulent or improper activity.
5.Fees. Peery Academy's current Fee Schedule for using the Service is posted on the
website. Unless otherwise stated, all fees quoted are in U.S. dollars. Users are
responsible for paying all fees associated with the use of the Service.
6.Reserve Account in Case of Closure. When you receive funds through ppp,
if the sender's transaction is reversed because of a credit card reversal and you
have already used your three free chargebacks, you will owe Peery Academy for the amount
of the reversed transaction plus any fees imposed on Peery Academy as a result of the reversal.
You agree to reimburse Peery Academy from either your Peery Academy account or by other means as
described in Section IV.2 under "Receipt of Payments." You authorize Peery Academy
to debit your bank account linked to that Peery Academy account for the amount that you
owe Peery Academy on transactions which were not covered by PIP and which were not recoverable
from your Peery Academy balance.
If you or Peery Academy close your account, Peery Academy may retain a portion of any funds it holds
in custody for you, based on your transaction history, as a reserve to the extent
reasonable to protect Peery Academy against the risk of future reversals of transactions
occurring prior to such closure. Peery Academy will pay you the balance of any such reserve
180 days after closure.
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