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Payments Terms of Use

Effective June 4, 2019

Table of contents

  1. Introduction
  2. About Payments on eBay Services
  3. Sellers' Managed Payments Fees
  4. Payments Conditions for Sellers
  5. Managed Payments Limitations
  6. Amendment

1. Introduction

If you are a seller on eBay.com (“seller”) and are a resident of the United States, these Payments Terms of Use (“Payments Terms of Use”) are between you and eBay Commerce Inc., 2535 North First Street, San Jose, CA 95131. eBay Commerce Inc. is a member of the eBay Inc. corporate family and in these terms is referred to as "eBay Commerce," "we," or "us." You agree to comply with the terms of these Payments Terms of Use in connection with managed payments on eBay Services as described in further detail herein. If you disagree with any terms of these Payments Terms of Use, do not sell on eBay.

As between you and eBay Commerce, these Payments Terms of Use incorporate by this reference the User Agreement, which, among other things, contains provisions governing the resolution of claims (see “Disclaimer of Warranties; Limitation of Liability,” “Release,” “Indemnity,” and “Legal Disputes”). In the event of any conflict between the user Agreement and these Payments Terms of Use, these Payments Terms of Use will govern.

Capitalized terms used here without a definition have the same meaning as the defined term in the User Agreement.

2. About Payments on eBay Services

You agree to have eBay Commerce manage receipt of payments for items you sell on eBay Services (described herein as "managed payments," or similar references). eBay Commerce will receive payments on your behalf of and as your agent.

Buyers may pay for your items using certain credit or debit cards or other payment methods that we may in our sole discretion make available. We will manage settlement of the payments for those items to you. The contract for sale underlying the purchase of goods is directly concluded between you and the buyer in the same manner as for transactions for which we do not manage payments.

We may change, discontinue, enhance or modify any aspect of managed payments at any time. We may use a number of third party payments services providers to assist us in providing a managed payments experience, including companies that process payments and disburse settlements, perform risk assessments or compliance checks, verify identity and validate payment or settlement methods.

3. Sellers' Managed Payments Fees

We charge two types of fees for managing payments: a payments processing fee when payment is processed for a transaction, and a payments dispute fee when a chargeback or other dispute for a managed payments transaction is adversely resolved against you (chargebacks and other disputes initiated directly with payment service providers are referred to collectively as “Disputes”).

Fees for our management of payments are in addition to Fees charged to you by eBay for eBay Services. eBay will charge you for payments processing and payments dispute fees on behalf of eBay Commerce via eBay's monthly invoice for eBay Services.

Payments Processing Fees

If (a) you have successfully completed the managed payments onboarding process (in accordance with Section 4) prior to 00:00:00 (12:00 AM) Pacific Time on June 4, 2019 and (b) your eBay account has remained continuously enabled for managed payments: Your payments processing fees are calculated as 2.7% of the total order amount, including shipping, handling, sales tax and other amounts owed (the “payments processing rate”).

If you successfully complete the managed payments onboarding process (in accordance with Section 4) on or after June 4, 2019 (starting at 00:00:00 (12:00 AM) Pacific Time): Your payments processing fees are calculated as (i) the payments processing rate plus (ii) $0.25 per listing sold (the “per listing payments fee”). Notwithstanding the foregoing clause (ii), for sellers who onboard to managed payments on or after June 4, 2019 the per listing payments fee is waived through September 30, 2019 at 23:59:59 Pacific Time (11:59 PM plus 59 seconds) and will take effect beginning October 1, 2019 at 00:00:00 Pacific Time (12:00 AM).

Payments processing fees do not include any sales tax, which will be added to this fee on your invoice if applicable.

Payments Dispute Fees

Upon the conclusion of a Dispute investigation and/or re-presentment that results in you being found responsible for the chargeback or other disputed amounts, we charge a $20 payments dispute fee, excluding any applicable sales tax, for each Dispute. You may appeal the payments dispute fee within 30 days from when we invoice the payments dispute fee if you believe that you have been charged in error.

Credits

In some circumstances, you might be eligible for a payments processing fee or payments dispute fee credit in accordance with eBay's policies and procedures. To qualify for a payments processing fee credit, you must refund a buyer in resolution of a refund, return or cancellation request regarding the transaction that was the subject of the payments processing fee, and we need to receive reimbursement for the costs we incurred in connection with the processing of the initial transaction payment. Notwithstanding the foregoing, per listing payments fees are non-refundable. To qualify for a payments dispute fee credit, you must successfully appeal the assessment of the payments dispute fee. If you qualify, we'll credit your payments processing fee or payments dispute fee, as applicable, to your account after all issues are resolved. You can leave this credit in your account and use it to pay future fees, or you can request a refund and we'll send you the money. You can only request a refund if you have a credit balance on your account.

4. Payments Conditions for Sellers

In connection with our management of payments, you agree to the following:

Onboarding

Eligibility to have your payments managed by eBay Commerce is by invitation only. You must be approved to receive services from eBay Commerce to have your account enabled for managed payments. If your onboarding is not immediately confirmed, you will receive notification that you have been approved to receive services once we have reviewed your information and can commence conversion of your listings to enable managed payments, which may take several weeks in some instances. To set up and use your account for payments managed by eBay Commerce, you must:

  • Link a US-based checking account, denominated in US Dollars, to your eBay account. Settlements of proceeds from your transactions with managed payments will be deposited directly to this linked bank account. Notwithstanding any other terms about settlement methods on the eBay Services (including eBay payment policies and information available when you create listings, which may continue to display settlement methods that are not currently supported for payments that we manage), disbursements to other settlement methods, such as PayPal, are not available at this time.
  • Provide us certain information for purposes that include verifying your identity, complying with applicable anti-money laundering and sanctions screening obligations, allowing us to manage settlements of your transaction proceeds and assessing fraud and risk. You understand that we will be unable to settle your proceeds, or issue you a Form 1099-K or required other tax documents, if you do not provide us (and update us, as appropriate) with accurate contact information and other requested data, which may in some circumstances include your full name, address, phone number, date of birth, taxpayer identification number, account information, and a form of government-issued identification such as a copy of your driver’s license. You authorize us to check information you provide to us, including by verifying the existence of your bank account and obtaining reports from, or comparing your information to, third party sources. We reserve the right to close, suspend, or limit your account or rescind your access to managed payments (in which case your account would be reverted to its original state without managed payments) in the event we are unable to obtain or verify any of this information. We are not responsible for any loss suffered by you as a result of incomplete or inaccurate information provided by you.
  • Maintain the accuracy of the information we have on file, and consent to our updating such stored information from time to time based on information provided by you, your bank or other payments services providers. You will only provide to us information about payment or settlement methods that you are authorized to use.
  • Comply with all applicable laws, regulations, rules and terms and conditions in connection with the use of the eBay Services. You understand that some third parties, such as credit and debit card issuers, credit and debit card networks and payments services providers, may have their own terms and conditions for the payment or settlement methods you choose to use in connection with payments that we manage. Failure to abide by third party terms and conditions may result in fees assessed to you or other actions taken by such third parties, and you agree that we have no control over, or responsibility or liability for, such fees or actions.

Once you complete your set up to have us manage your payments and you have received notification that you have been approved to receive managed payments services, your existing listings in the eBay account you enabled for managed payments will automatically be configured so that payments from buyers will be managed by eBay Commerce on your behalf, except in those few use cases set forth in Section 5. Your listings with managed payments may not be immediately searchable upon completion of account set up for us to manage your payments. If you have existing claims pending under eBay Money Back Guarantee for transactions without managed payments, those claims will continue until resolved. Once your eBay account is enabled for managed payments, any new listings you create will be enabled for managed payments. Transactions that occur after you are approved to receive managed payments services may not be managed by eBay Commerce until such time as your request can be processed, which may take a number of days in some circumstances.

After a managed payment transaction occurs, you will receive a notification confirming such transaction. In certain instances, your transaction may be declined, frozen, or held for any reason including for suspected fraud, high risk or potential violation of any eBay or eBay Commerce policies, or a policy of one of our third party payments services providers.

You are responsible for maintaining the security of all passwords, codes, or other login credentials used to access your eBay account and the related managed payments Services and, subject to eBay’s seller protection policies, for any transactions made or actions taken using your eBay account.

We may discontinue your usage of managed payments, for any reason in our sole discretion, and either suspend your associated eBay account or revert your associated eBay account to its original state with payments no longer being managed by eBay Commerce.

Charity, International Listings, and International Site Visibility

If you use managed payments, certain types of active listings you have may end as they are currently not supported by managed payments. Please note:

  • To prevent your active international listings from being ended, you need to cancel your listings on international sites and relist them on eBay.com. If you do not take this step, your listings may be cancelled.
  • To prevent the ending of your listings which have eBay for Charity as an option, you need to revise your items and remove the eBay for Charity option. If you do not take this step, your listings may be cancelled or we may remove the eBay for Charity option from your listings.
  • You must edit your listings to remove the international site visibility advanced listing upgrade. You may need to contact customer service with your item IDs to receive a fee credit for this feature.

If you do not follow these steps and your listings are ended, you will be credited on a subsequent invoice for listing fees, including insertion fees and fees for optional listing upgrades, for those ended listings.

Authorization of Payments Management

In connection with managed payments, you hereby appoint eBay Commerce as your agent for the limited purpose of receiving, holding and settling payments for managed payments transactions.

eBay Commerce will settle payments that are received by eBay Commerce to you. We may reduce the amount of such settlements in the amount of obligations owed by you to eBay Commerce or its affiliates (such as eBay), subject to these Payments Terms of Use. A payment received by eBay Commerce from a buyer, on your behalf, satisfies the buyer’s obligation to you in the amount of the payment received, regardless of whether eBay Commerce actually settles such payment to you. In the event that eBay Commerce does not make any such payment to you as described in these Payments Terms of Use, you will have recourse against only eBay Commerce and not against the buyer, as such payment is deemed made by the buyer to you upon receipt by eBay Commerce. To the extent permissible under the rules of any third party or governmental body with jurisdiction over eBay Commerce, you agree that eBay Commerce is not liable for your acts and omissions and understand that eBay Commerce disclaims any such liability.

Prohibited Items and Shipping

We are unable to manage payments for prohibited and restricted items. Before listing your item, make sure the item complies with eBay’s rules as well as all laws and any additional restrictions imposed by credit card associations, network rules, or a third party payments service provider that we may use. If you list an item in violation of any rule(s) and we are fined or otherwise penalized by a regulator, we may recoup such penalty from you in accordance with applicable law and these Payments Terms of Use.

When you receive notice from us that a buyer has ordered an item through a managed payments transaction, you must then ship or otherwise deliver your item in accordance with the buyer's selection from the shipping options that you made available in your listing. You must also meet the estimated delivery date displayed on your listing. You agree to deliver all items purchased pursuant to the terms of your listing and the User Agreement, and perform all other necessary transaction-related actions, when we notify you that we have received payment from your buyer.

Settlement of Transaction Proceeds

We will initiate settlement of proceeds actually received for managed payments transactions to the bank account you linked to your eBay account during onboarding to enable managed payments. Your transaction proceeds, other than those being held as described in the next paragraph, will be aggregated to a daily batch for settlement to you on a regular basis (for example, a single daily settlement for all transactions ready for disbursement to you that day). However, we may diverge from this procedure as needed for compliance or operational reasons. If we are unable to settle your proceeds, then, depending on the reason why we are unable to settle your proceeds, we may refund the buyer (e.g., in the event that we cannot process your information for technical reasons or you violate these Payments Terms of Use, etc.) or otherwise process these funds in accordance with applicable law, including abandoned property laws, such as by escheating funds to a governmental body after the passage of an applicable period of time, or our policies.

We anticipate that managed payments transactions proceeds will generally be settled in your bank account approximately two to seven business days after the buyer's transaction, although actual settlement times may vary for individual transactions. Notwithstanding any other terms about holds on the eBay Services, you agree that we may place hold(s) on your funds, or instruct a payment services provider to hold your funds, prior to disbursement. Each hold may be based on factors including selling history, seller performance, returns, chargebacks, disputes, riskiness of the listing category, transaction value, or the filing of an eBay Money Back Guarantee claim. We also may cancel or freeze the settlement of your proceeds as necessary for fraud, risk or compliance purposes. In these situations, we will notify you of our decisions through the eBay Message Center and/or by email.

You can access the status of your managed payments transactions, including settlements and other payments account information, under the Payments tab in Seller Hub.

In the event that you close an eBay account that has utilized managed payments, we may retain an amount that we reasonably believe may be necessary to pay for any refunds, reimbursements or other payments associated with returns, Disputes, or other post-transaction activity. We will settle any unused retained amounts within 180 days of your eBay account closure.

Disputes

In the event that a buyer initiates a Dispute in connection with a managed payments transaction, you understand that we may investigate and, in our discretion, re-present the Dispute with the credit and debit card networks or other payment method providers. You agree to provide timely information to assist in our investigations and understand that your failure to provide requested information on the timeline we require and as specified by credit and debit card networks' and other payment providers' rules could adversely impact the outcome of a Dispute investigation, up to complete forfeiture of the Dispute amounts. You will not contest the resolution of any Dispute that we investigate and/or re-present, nor will you re-open resolved Dispute investigations. You authorize eBay Commerce to pay on your behalf any amounts resulting from a Dispute, including costs and fees associated with re-presentment.

Although you accept the finality of our Dispute investigation, we may from time to time ask for your consent to participate in an optional arbitration process brought by eBay Commerce to contest the results of an individual Dispute. If you consent to Dispute arbitration, you authorize eBay Commerce to represent and defend you throughout the arbitration. You will be responsible for all costs and expenses, including reasonable attorneys' fees and any arbitration fees assessed by third parties, arising from such arbitration proceedings, and you authorize eBay Commerce to pay these amounts on your behalf while the arbitration is pending.

Returns and Cancellations; Buyer Protection

Buyers may seek returns or cancellations on eBay Services, or file eBay Money Back Guarantee claims on eBay Services, in the same manner as they do for transactions for which we do not manage payments. Notwithstanding any other terms about refunds, return or cancellation on the eBay Services, if your buyer is entitled to a refund for a return or cancellation for a managed payments transaction, you understand that eBay Commerce is authorized to refund the buyer the refund amount on your behalf, otherwise pursuant to eBay’s returns policy. Additionally, notwithstanding any other terms about buyer protection programs on the eBay Services, if your buyer files a claim under eBay Money Back Guarantee for a managed payments transaction, you authorize eBay Commerce to reimburse the buyer on your behalf, otherwise pursuant to the eBay Money Back Guarantee policy. We will refund buyers amounts paid for returned or cancelled transactions and successful eBay Money Back Guarantee claims and may recoup these amounts from you in accordance with our and eBay’s policies and procedures. Refund timing may vary in accordance with the rules of third parties, such as credit and debit card networks.

Fines, Penalties and Losses

If we are assessed a fine, penalty or any other costs resulting from your listings or transactions that are enabled for managed payments (such as an additional interchange fee or a credit and debit card network fine for selling a prohibited/illegal item), you agree that we may pay third parties the amounts of such fines, penalties or costs and recover these amounts from you. If we suffer any other losses, including damages or costs, that are attributable to your or acts or omissions in connection with managed payments transactions, you also agree that we may recover these amounts from you. We may also pursue any other applicable remedies against you.

Authorization to Pay eBay Commerce

You authorize eBay Commerce to collect from you any amounts for:

  • Payment of fees or other amounts owed to us or our affiliates;
  • Repayment or recoupment of amounts we incorrectly settled to you due to a payments processing error or otherwise;
  • Recovery or recoupment if eBay Commerce refunds, reimburses or pays in advance buyers or third parties any amounts, either on your behalf or because of your actions or omissions (for example, pursuant to the Disputes, Returns and Cancellations, Buyer Protection or Fines, Penalties and Losses provisions of these Payments Terms of Use);
  • Taxes related to managed payments transactions or your use of eBay Commerce's or our affiliates’ services; and
  • Costs and expenses, including reasonable attorneys' fees, arising from a Dispute arbitration proceeding brought by eBay Commerce to which you consented to participate.

Collection of the owed amounts may be on a one-time, sporadic or recurring basis by the following means:

  • Retaining such amounts from your current or future settlements relating to any account that you may have;
  • Recouping from the bank account linked to your eBay account during the onboarding process;
  • Charging any payment method(s) you may have on file with us or our Affiliates (for example, to pay for seller fees, shipping labels or dispute resolution);
  • Placing the amount on the invoice you receive from eBay for eBay Services. For clarity, eBay will continue to charge the automatic payment method you placed on file for payment of your monthly invoice; and
  • Retaining collections agencies or using other collections methods.

We may provide you with notice prior to charging you for some of these amounts. To the extent possible under applicable law, you waive any rights you may have to receive advance notice of any particular preauthorized charge.

Assistance

For assistance with managed payments transactions (for example, inquiring as to the status of settlements or appealing payments dispute fees), please contact eBay Commerce at +1 (800) 456-3229.

5. Managed Payments Limitations

Notwithstanding any other terms on the eBay Services, for sellers whose accounts are enabled for managed payments:

  • You may not list items directly on any of eBay's international Services, nor direct us to display listings on eBay Services other than the eBay Service on which you originally listed. This includes the international site visibility advanced listing upgrade, which currently is unavailable. For more information, please see “Charity, International Listings, and International Site Visibility” in Section 4 of these Payments Terms of Use.
  • The Global Shipping Program currently is unavailable. Any listings utilizing the Global Shipping Program at the time you opt in to having us manage your payments automatically will be configured to remove reference to the Global Shipping Program and you will no longer be able to ship the item to a parcel processing facility located in the United States in order to fulfill orders for your international buyers.
  • eBay Authenticate currently is not compatible with managed payments.
  • You cannot use eBay for Charity at this time. For more information, please see “Charity, International Listings, and International Site Visibility” in Section 4.
  • Exchanges and replacements are not supported through eBay Services in connection with returns.
  • We will not manage payments for offline payment methods (such as bank or personal check, money order and payment on pickup) offered in some listings through the eBay accounts that are enabled for managed payments. Vehicles deposits also will not be included in payments managed by eBay Commerce. These listings are subject to eBay’s payment policies and any other terms about payments that may appear on the eBay Services, including terms relating to the payment and disbursement methods available to you for such listings.
  • You will be opted in to Seller Hub, which will be the place for you to obtain payments information (e.g., your recent settlements) for managed payments transactions.

This list serves as a guide to you, but may not be exhaustive of all exclusions for managed payments.

6. Amendment

Notwithstanding any other terms about amendment on the eBay Services, we may amend these Payments Terms of Use, including fees charged to you, at any time on advance notice of 14 days. We will notify you of amendments through the eBay Message Center and/or by email. If we provide notice of amendments and you do not wish to have us manage your payments under the revised terms, then you must cease using the eBay Services. Your continued use of managed payments after any such amendment becomes effective will constitute your acceptance of the revised terms.

Posting Date: May 21, 2019