Payment Services Terms
These terms are part of the Empower Giving Solutions Agreement entered into by You and Empower Giving and each party agrees as follows:
1. Empower Giving Payment Services (“EGPS”)
Empower Giving will collect, transmit, and store credit card data for payment processing with Stripe (“Stripe”). You will retain tokens/connections in your Solution database to simplify processing through Payment Gateways. We will use your cardholder and online financial transactions data (“Data”) only in the provisioning of Empower Giving; provided, however, We may use the Data (in an aggregate form) combined with the data of other Empower Giving clients for statistical analysis and reporting.
2. Payment Gateway and Payment Processor
Stripe is the approved Payment Gateway and Payment Processor for Empower Giving and is required to process credit card and bank card transactions. We provide a payment vaulting/gateway interconnect to Stripe.
a. Gateway Fees/Rates:
The applicable Stripe fees and rates (“Interconnect Fees”) are located at https://stripe.com/pricing
b. Disbursements, Reconciliation and Chargebacks: All fund disbursements, reconciliations, and chargebacks shall be the sole responsibility of You and Stripe. Empower Giving shall have no liability relating to any such disbursement, reconciliations, and chargebacks.
3. Your Responsibilities
To use Empower Giving Payment Services, you must:
a. Engage and enter into an agreement with Stripe to obtain “gateway” services. You are required to set up, verify and activate Your Stripe account. (i)Once this is completed, You are required set up Empower Giving with an active user account in Your Stripe account, user name and email provided to You by Empower Giving, with administrator permission. The Empower Giving user with administrator permission must remain an active user on client’s Stripe account for the life of use of Empower Giving by You. Empower Giving may create additional active users with administrative or lower permissions. (A) If administrator permission is removed from this user or this user has been made inactive, payment processing on Empower Giving will be immediately stopped. Payment processing will be reinstated within 48 hours after the Empower Giving user is active and is given administrator permission. If the designated Empower Giving user has been deactivated or administrator permission is removed more than 2 times, a fee will be assessed to client in the amount of $300 to reinstate. This fee will be assessed each time administrative access is removed or set deactivated after the 2nd time. This fee must be paid in full before the payment processing is reinstated.
b. (i) Identify to Empower Giving (by providing name and contact information including electronic mail address) the “Primary Contact” for EGPS (A) who has the authority to make EGPS-related requests including release of Your data, restoration of data, act on Your behalf, open a merchant account, and other configuration changes and (B) with whom Empower Giving will communicate on EGPS-related matters. If a Primary Contact is not properly identified, We shall have the right to deem Your contact for this agreement as Your “Primary Contact”. (ii) Promptly advise Empower Giving in advance of any changes to Your Primary Contact, operations, banking relationships, or other information that would require a change in the support, operation, or configuration of the Solution(s).
c. Provide connectivity and secure access to the Internet for Your locations to provide adequate access from the Solution(s) or to EGPS’ secure platform.
d. (i) Administer security within the Solution (e.g., granting of rights to a user with the Solution(s)). You are also responsible for maintaining Your users’ desktops and providing users with network access to EGPS. (ii) Use reasonable precautions to ensure security for integration between Your applications and EGPS. (iii) Maintain compliance with the Payment Card Industry Data Security Standard (“PCI DSS”). (iv) Maintain and observe all reasonable security measures to protect Your systems from unauthorized control, tampering, or other unauthorized access.
e. (i) Use EGPS only for Your legitimate business purposes, (ii) not use EGPS for load testing, and (iii) not sell or provide, directly or indirectly, any portion of EGPS to any third party.
f. Ensure that Your products or services (excluding any Empower Giving products) used in conjunction with EGPS do not infringe any intellectual property rights of any third party.
g. Comply with all applicable laws, rules, and regulations including laws regarding privacy and protection of consumer data and comply with the Visa Cardholder Information Security Program and all other applicable rules of card associations, including American Express®, MasterCard®, and Visa®.
h. Provide all disclosures to and obtain all consents from each end user, in each case as required by the card associations and applicable law, prior to transmitting information relating to such end user to EGPS and the relevant Payment Gateway.
4. Change, Replacement, or Termination of Third-Party Payment Gateway
We may change, replace, or terminate the services of any third-party Payment Gateway upon 30 days’ notice to You. In the event of replacement of a Payment Gateway, You understand and agree that You may be required to execute additional terms and conditions associated with such a replacement.
5. Terms Subject to Change
These Empower Giving Payment Services Terms are subject to change in Empower Giving’s sole discretion. In the event of any such change, Empower Giving shall post a revision of these Terms at http://www.EmpowerGiving.com/terms-and-conditions and Your continued use of EGPS shall be subject to such revised terms.
Last updated January 1, 2018