posted on April 6, 2006 10:15:52 AM new
Anyone sign up for Googles New Payment Service? Go to Google Base List an item and then you are directed to sign up for the Payment Service. You can also search for items which accept Google Payment Service. Go to Google Base. Then Type in Products , Then select payment type- Google Payment Service.
posted on April 6, 2006 10:26:26 AM new
I don't believe it has been publically launched yet. A nice review from TechCrunch:
Overall with Google Base and payments the experience for a user is much nicer than what it is on eBay, a very nice interface and many search features while maintaining the very minimal yet functional interface as expected from Google. I can see that they will be able to maintain this nice interface even as the inventory of items for sale gets much much bigger – their choice of using tags for items as opposed to categories makes it much easier to find items and to fine-tune search results.
posted on April 6, 2006 11:12:57 AM new
I registered several days ago for Google Payment Service.I was very surprised. I signed up for Google Base and then was directed to sign up for the Payment System. I think Google is keeping it quiet. If you go to Google Base,
then Products you can select Products that accept Google Payments. Right now about 1500 items listed that accept Google Payments.
posted on April 6, 2006 01:12:29 PM new
Here's the Terms of service:
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Terms of service - Printable version
January 31, 2006
This Seller Payment Terms of Service is a legal agreement between you (the Seller) and Google Payment Corp., a wholly-owned subsidiary of Google Inc. This Seller Payment Terms of Service governs your access to and use of the Service. You should review this entire Seller Payment Terms of Service before you decide whether to accept them and continue with the registration process.
BY CLICKING ON THE "I HAVE READ AND I AGREE TO THESE TERMS OF SERVICE" BOX ON THE REGISTRATION PAGE AND CLICKIN ON THE "NEXT" BUTTON, YOU AGREE TO BE BOUND BY THESE SELLER PAYMENT TERMS OF SERVICE. Sellers who use the Service to engage in aggregate Payment Transaction amounts of five thousand dollars ($5,000) or more in Gross Merchandise Volume (GMV) for three consecutive months also agree to be bound to the three-party agreement between Seller, Google Payment Corp., and Paymentech, L.P., which is contained in Exhibit A. Sellers are also are subject to the Google Base Terms of Service.
Certain Defined Terms:
The following defined terms appear in this Seller Terms of Service.
"You" or "Seller": A Customer that applies to register to use, or uses, the Service to process Payment Transactions from Buyers.
Customer: A person that registers with the Service as a Buyer or a Seller.
Buyer: A Customer that uses the Service to make Payment Transactions.
Google: Google Inc.
Google Web Sites: The web site pages of GPC, Google or a Google-affiliated or partner company.
GPC: Google Payment Corp. GPC is a wholly owned subsidiary of Google Inc.
Gross Merchandising Value (GMV): The aggregate value of the Seller's Payment Transactions, including all fees, taxes, and shipping charges, as applicable.
Payment Instrument: The credit card or debit card that is registered by a Customer with the Service to facilitate the processing of Payments Transactions. The Payment Instrument must be associated with a billing address in the United States.
Payment Transaction: The processing of a payment through the Service that results in the debiting or charging of the Purchase Amount to a Buyer's Payment Instrument and the crediting of funds to Seller's Settlement Account.
Product: Any merchandise, good or service that is listed for sale on the Google Base website that a Buyer may pay for using the Service, subject to the Service's acceptable use policy.
Purchase Amount: The dollar amount of a Payment Transaction to pay for a Product, and any related fees, taxes or shipping charges, as applicable.
Service: The service, described in this Seller Payment Terms of Service, that facilitates the processing of Payment Transactions on behalf of Seller.
Settlement Account: The deposit account of Seller maintained at a U.S. financial institution that is used by the Seller for receipt of funds from the processing of Payment Transactions through the Automated Clearing House network.
Requirements for Registration
In order to use the Service, Seller must apply to register for the Service by completing all required information elements on the registration web pages of the Service, and Seller must register a Settlement Account with the Service. Seller also must register a valid credit card issued by a U.S. financial institution as a Payment Instrument for purposes of payment of fees and other Seller obligations arising from its use of the Service. Seller agrees to provide current, complete and accurate registration information and Payment Instrument information and to update such information to maintain it as current and accurate. GPC may require Seller to provide additional information from time to time as a condition of continued use of the Service, or to assist GPC in determining whether to permit Seller to continue to use the Service.
Seller authorizes GPC to make a low dollar credit to Seller's Settlement Account to verify the account information provided to GPC and to ensure that Seller has control of the Settlement Account. This process may be repeated each time the Seller's Settlement Account information is changed, or at GPC's sole and absolute discretion.
Seller authorizes GPC to confirm that a Payment Instrument listed by Seller on the Google Web Site Service registration web pages is in good standing with the issuing U.S. financial institution, including, but not limited to, by submitting a request for a payment authorization and/or a low dollar credit to the Payment Instrument. This process may be repeated each time Seller's Payment Account information is changed, or at GPC's sole and absolute discretion. Seller also authorizes GPC to obtain from time to time a credit report and/or to otherwise make credit or other background inquiries on Seller as GPC deems appropriate to assess the Seller's eligibility for the Service or to review Seller's continued use of the Service.
GPC, in its sole and absolute discretion, may refuse to approve or may terminate existing registration for Seller with or without cause or notice, other than any notice required by any applicable law, and not waived herein, and may require Seller to provide additional information in order to use the Service.
By agreeing to this Seller Payment Terms of Service, Seller represents that:
Seller, if an individual, is 18 years old or older;
Seller is capable of entering into a legally binding agreement;
Seller is a resident of the United States;
Seller, if a business entity, is duly authorized to do business in the United States; and
if Seller is a business entity, the employees or officers of Seller accessing the Service is/are duly authorized to access the Service and to legally bind Seller with respect to this Seller Payment Terms of Service and all transactions conducted under Seller's username and password.
Payment Transaction Processing
The Service facilitates the processing of Payment Transactions to complete a payment for a purchase between Seller and Buyer. Seller acknowledges and agrees that Seller's sales of Products are transactions between the Seller and the Buyer, and not with GPC, Google or any of GPC's affiliates. GPC is not a party to Seller's sales of Products, and GPC, Google, or other GPC affiliate is not a Buyer or a Seller in connection with any Payment Transaction, unless expressly and accurately designated as such in the listing of the Product on a Google Web Site.
The Service will store information from Buyers regarding, among other information, their Payment Instruments and shipping information. When Buyer seeks to pay for a purchase with a Payment Instrument, the Service will process the Payment Transaction on behalf of the Seller through the appropriate credit card or debit card network. GPC will credit the Seller's Settlement Account for a Payment Transaction arising from a purchase of Seller's Product. GPC will exercise commercially reasonable efforts to initiate credits to Seller's Settlement Account within two business days of each Payment Transaction. Seller expressly understands and agrees that the timing of such credits may vary, and that GPC may also choose, at its sole and absolute discretion, to provide funds to Seller by check or other written payment instrument. Seller also expressly understands and agrees that GPC may delay crediting payments or otherwise providing funds to Seller in the event that a chargeback has been initiated in connection with the Payment Transaction, or if GPC in its sole and absolute discretion believes that the Payment Transactions require additional review or involve fraud, misconduct, or violation of applicable law, this Seller Payment Terms of Service, or other applicable GPC or service policies.
Prior to crediting Seller's Settlement Account or otherwise providing funds to Seller for the amount of Payment Transactions(s), GPC reserves the right to deduct the following amounts from the amount of any Payment Transaction(s) or directly from Seller's Settlement Account or Payment Instrument: (a) any applicable Service fees, (b) other reversals, refunds, chargebacks, or rejections of prior Payment Transactions, and (c) any other corrections or adjustments to prior Payment Transactions.
GPC reserves the right to challenge chargeback requests and may contact sellers for information to aid in those challenges. Seller agrees to respond to chargeback-related information requests from GPC within five (5) business days of receipt of such requests
Permissible Payment Transactions
Seller may only use the Service to process a Payment Transaction for a Product that is purchased by a Buyer through a legitimate, bone fide sale of the Product. The Service may not be used to process a Payment Transaction for Seller, or otherwise transfer money between a Buyer and Seller, that does not directly result from a Buyer's purchase of a Product. Seller understands and agrees that GPC may assess fees or fines for violations of this Seller Payment Terms of Service or other GPC policies applicable to the Service.
A Payment Transaction may not be submitted for processing through the Service until Seller does one of the following: (i) completes the purchase transaction; (ii) ships or otherwise provides the purchased goods to the Buyer; or (iii) performs the purchased service.
Seller may not use the Service to provide cash advances to Buyers or to facilitate the purchase by Buyers of cash equivalents (travelers checks, prepaid cards, money orders, etc.). Seller may not use the Service to process Payment Transactions in connection with the sale or exchange of any illegal goods or services or any other underlying illegal transaction. Seller may not submit Payment Transactions for processing through the Service that Seller knows or should have known are either fraudulent or not authorized by the Buyer.
Seller agrees that it will not seek to accept Payment Transactions for any Products that violate this Seller Payment Terms of Service, other GPC policies applicable to the Service, or applicable law. The current GPC policy that establishes the Products and other transactions that may not be paid for with the Service is provided here. GPC retains sole and absolute discretion to determine whether Seller may use the Service to process Payment Transactions for particular Products or categories of Products. Failure to comply with the GPC policy on acceptable Products that may be paid for using the Service may result in suspension or termination of Seller's access to the Service in addition to or in lieu of the fees and fines otherwise provided for in this Seller Payment Terms of Service.
Limitations on the Use of Service
GPC may establish general practices and limits concerning use of the Service, including without limitation individual or aggregate transaction limits on the dollar amount or number of Payment Transactions during one or more specified time periods. GPC shall have the right to change, suspend or discontinue any aspect of the Service at any time, including hours of operation and availability of any Service feature, without notice and without liability. GPC shall have the right to impose limits on certain features or restrict access to parts or all of the Service without notice and without liability. GPC may decline to process any Payment Transaction without prior notice to Seller or Buyer.
GPC shall not be obligated to settle funds to Seller with respect to the processing of any Payment Transaction for which GPC has not received full settlement in final available funds for the processing of that Payment Transaction.
Seller agrees that the processing of its Payment Transactions is subject to the operating rules and/or policies of the card associations or networks that are used to process the Payment Transactions. Seller agrees that it will comply with any requirements or limitations set forth in the operating rules and/or policies of such card associations or networks of which Seller has been informed that are imposed directly or indirectly (through GPC or otherwise) on Seller and its Payment Transactions. Seller agrees that it will comply with any branding or service-mark requirements imposed by GPC from time to time.
In connection with a Payment Transaction, Seller shall not: (a) establish a minimum or maximum Payment Transaction amount as a condition for Buyer's use of the Service to pay for a Product, (b) require Buyer to provide Seller with the account numbers of any credit card, debit card or other Payment Instrument, (c) add any surcharge to a Payment Transaction; (d) separately process as a Payment Transaction the amount of any tax applicable to a purchase of a Product; (e) submit to the Service a Payment Transaction that was previously rejected for processing or previously returned as a chargeback; or (f) permit the use of the Service for payment of any debt owed to Seller by Buyer or any returned/dishonored check.
GPC reserves the right to impose a Reserve Requirement with respect to Seller, either on a temporary or permanent basis or upon Seller's participation in the Service. A "Reserve Requirement" means that GPC may withhold any portion of payments it owes to Seller with respect to the processing of Payment Transactions in order to protect GPC's legal or financial interests, or for other purposes. Circumstances where GPC may impose a Reserve Requirement include, but are not limited to: (a) in order to ensure that sufficient funds are available to GPC in the event of chargebacks, reversals of Payment Transactions or other Seller obligations arising in connection with Payment Transactions ; (b) there is a change in Seller's financial condition or its payment record with creditors, including but not limited to failure of Seller to effectively continue as a going concern or if Seller is in default of its obligations under this Seller Payment Terms of Service, or card association or network rules; (c) Seller is receiving excessive chargebacks, as determined in the sole discretion of GPC; (d) Seller significantly alters the nature of its business or product lines; (e) if GPC has reasonable grounds to believe that GPC may be liable to third parties for the provisional or final credit extended to Seller.
GPC is not responsible to Seller or any other person for any losses sustained by Seller as a result of the imposition of transaction limits or Reserve Requirements or of other chargebacks or reversals.
GPC does not warrant that the functions contained in the Service will be uninterrupted or error free. GPC shall not be responsible for any service interruptions, including, but not limited to, power outages, system failures or other interruptions that may affect the receipt, processing, acceptance, completion or settlement of Payment Transactions or the Service.
Username and Password Information
Seller shall be responsible for maintaining the confidentiality of its username and password. Seller is responsible for any and all transactions by persons that Seller gives access to or that otherwise use such username or password and any and all consequences of use or misuse of such username and password. Seller agrees to notify GPC immediately of any unauthorized use of its username or password or any other breach of security regarding the Service of which Seller has knowledge.
If Seller is a business entity, Seller agrees that all officers, employees, agents, representatives and others having access to the username and/or password shall be vested by Seller with the authority to use the Service and legally bind Seller. Seller shall be responsible for all actions by current and former officers, employees, agents, representatives and others, regardless of whether authorized by Seller, that access the Service by means of Seller's user name and password.
Privacy
Seller understands and agrees that personal information provided to GPC in connection with the Service is subject to the Service's Privacy Policy.
Use of Electronic Communications
GPC may communicate with Seller regarding the Service by means of electronic communications, including (a) sending electronic mail to the email address Seller provided to GPC during registration, or (b) posting of notices or communications on a Google Web Site.
GPC and Seller agree that GPC may communicate by means of electronic communications the following types and categories of communications and records: this Seller Terms of Service (and revisions or amendments), notices or disclosures regarding the Service, payment authorizations, and any other matter relating to Seller's use of the Service. Seller is responsible for providing its own hardware, software and electronic access to the Internet in order to use the Service. Seller should maintain copies of electronic communications by printing a paper copy or saving an electronic copy on Seller's computer. Electronic communications shall be deemed received by Seller when GPC sends the electronic communication to the email address of Seller provided at the time of registration or as revised by Seller thereafter in accordance with this Seller Terms of Service, or when GPC posts the electronic communication on a Google Web Site.
For those categories of communications or records that GPC is otherwise required under applicable law to provide in a written paper form to Seller, GPC and Seller agree that GPC may provide such communications or records to Seller by means of electronic communications. The following additional terms will apply to such electronic communications: (a) Seller may contact GPC at [email protected] to request another electronic copy of the electronic communication without a fee; (b) Seller may request a paper copy of such an electronic communication, and GPC reserves the right to charge Seller a fee to provide such paper copy; (c) Seller may contact GPC through the Google Web Site contact page to update Seller's registration information (such as email address) used for electronic communications or to withdraw consent to receive electronic communications; and (d) GPC reserves the right to terminate Seller's use of the Service if Seller declines or withdraws consent to receive electronic communications from GPC.
Service Fees
GPC will establish fees for use of the Service, and reserves the right to change its fees at any time for any reason. The current applicable GPC fees are listed here. GPC reserves the right to earn interest and/or other compensation from its service provider banks or others arising from the processing of Payment Transactions that have not settled to Seller's Settlement Account.
GPC Not Responsible for Products
GPC shall not be responsible for, and does not control, the quality, safety or legality of the Products advertised, the truth or accuracy of the description of the Products, the ability of Sellers to sell Products, or the ability of Buyers to buy Products. GPC shall not be responsible for, and does not control, whether or not a Buyer will complete the purchase of or payment for Products that Buyer agreed to purchase from Seller.
Refunds and Adjustments
Seller shall disclose its return/cancellation policy to Buyers of Seller's Products. If Seller allows a price adjustment, return of Products or cancellation of Products in connection with a Payment Transaction from Buyer, Seller shall initiate a recredit to the Buyer using the refund function of the Service within 3 days of receiving the Buyer's request for such refund/adjustment. The amount of the refund/adjustment cannot exceed the amount shown as the total on the original Payment Transaction. Seller is not allowed to accept cash or any other payment or consideration from a Buyer in return for preparing a refund to Buyer nor to give cash refunds to a Buyer in connection with a Product paid for with a Payment Transaction, unless required by law. If Seller's refund policy prohibits returns under certain circumstances, Seller may still receive a chargeback relating to such sales pursuant to the rules of the card associations. GPC reserves the right to reject or delay a refund request from Seller through the Service if GPC is unable to obtain sufficient funds from Seller's Payment Account or otherwise to fund the refund.
GPC Not A Banking Institution
GPC offers the Service to facilitate the processing of Payment Transactions for Sellers for payment of Buyers' Product purchases. GPC processes Payment Transactions on behalf of Sellers. GPC is not a bank or other chartered depository institution. Funds held by GPC or its service providers (including any bank service providers) in connection with the processing of Payment Transactions are not deposit obligations of Seller and are not insured for the benefit of Seller by the Federal Deposit Insurance Corporation or any other governmental agency.
Suspension of Service
GPC, in its sole and absolute discretion, may limit or suspend Seller's use of the Service at any time. If GPC decides to suspend Seller's use of the Service, GPC will attempt to notify Seller by electronic mail. GPC's suspension of Seller's use of the Service will not affect Seller's rights and obligations pursuant to this Seller Payment Terms of Service arising prior or subsequent to such suspension.
Termination of Service
GPC may, in its sole and absolute discretion without liability to Seller or any third party, terminate Seller's use of the Service for any reason, including without limitation inactivity or violation of this Seller Terms of Service or other usage policies established by GPC from time to time. GPC also shall be permitted to immediately terminate Seller's use of the Service if Seller's use of the Service, in GPC's sole and absolute discretion, creates a risk of financial harm or loss of goodwill to GPC, the Service, or any of the payment card systems used for processing Payment Transactions.
Upon termination of Seller's use of the Service, Seller shall remain liable for all Payment Transactions, fees, and any other obligations incurred or accrued by Seller. Upon termination, GPC shall have the right to prohibit Seller's access to the Service, including without limitation by deactivating Seller's username and password, and to refuse Seller (or its parent, affiliate or subsidiaries or its or their successors, or if an individual its relatives or known acquaintances) future access to the Service.
Seller Responsibility for Taxes
GPC is not responsible for, and does not collect, sales or income or other taxes with respect to Payment Transactions. The reporting and payment of any such applicable taxes arising from the use of the Service is the legal responsibility of each Customer. Seller hereby agrees to comply with any and all applicable tax laws, including the reporting, collection and payment of any taxes arising in connection with Payment Transactions.
No Endorsement of Products
GPC does not represent or endorse the safety, quality, accuracy, reliability, integrity or legality of any Product, the truth or accuracy of the description of Products, Customer Information, as defined below, advice, opinion, offer, proposal, statement, data or other information (collectively, "Content" displayed or distributed, purchased or paid through the Service or the Google Web Sites. GPC hereby disclaims any liability or responsibility for errors or omissions in any Content or in the Service. GPC reserves the right, but shall have no responsibility, to edit, modify, refuse to post or remove any Content, in whole or in part, that in GPC's sole and absolute discretion is objectionable, erroneous, illegal, fraudulent or otherwise in violation of this Seller Payment Terms of Service.
No Representation As to Customer Identity
GPC shall have no responsibility to Seller or any other person to investigate the background of, or confirm the identity of, other Customers of the Service, except to the extent required by applicable law. GPC may offer a feedback or other ranking system on the Service to assist Seller in evaluating other Customers of the Service. Seller acknowledges that any such feedback or ranking system represents solely the opinion of other Customers of the Service, and is not an opinion, representation, or warranty by GPC.
Disputes
GPC is not a party to, and shall not be involved in or responsible for, transactions, agreements and/or disputes between Customers ("Disputes" arising from the use of the Service. In the event of a Dispute, Seller agrees to release, and does hereby release, GPC, Google, and other GPC affiliated companies, and its and their agents, contractors, officers and employees, from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If Seller is a California resident, Seller hereby expressly waives California Civil Code §1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if not known by him must have materially affected his settlement with the debtor."
Seller agrees that it shall not involve GPC, Google, and other GPC affiliated companies in any Dispute or other litigation arising out of or related to any transaction, agreement, or arrangement with any Buyer, other Seller, advertiser or other third party in connection with the Service. If Seller nonetheless attempts to do so, (i) Seller shall pay all costs and attorneys' fees of GPC, Google, and other GPC affiliated companies and shall provide indemnification as set forth below, and (ii) the jurisdiction for any such Dispute or litigation shall be limited as set forth below.
Compliance with Laws
Seller shall be solely responsible for compliance with all laws, regulations and ordinances applicable to or otherwise connected with Seller's use of the Service. Seller shall not attempt to initiate or receive a Payment Transaction using the Service that is, or would be, illegal under any applicable law.
Confidentiality of Customer Information
Except as otherwise provided in the following sentence, Seller shall hold confidential and shall not disclose, transmit or use personal or company names, addresses, telephone numbers, email addresses, product information or any other information regarding other Customers ("Customer Information" obtained in connection with the Service. Seller may use and disclose Customer Information to other Customers only as necessary to complete a Payment Transaction or complete a purchase or sale of a Product paid for through the Service. Seller agrees that in the event of failure of its business, including bankruptcy, insolvency or suspension of Seller's business operations, Seller will not sell, transfer or disclose materials containing Customer Information, other personal information or Payment Transaction information to third parties, to the extent Seller holds such information.
Seller shall comply with any applicable requirements for data security that may be imposed by GPC or the card associations from time to time.
Unclaimed Property
If GPC is holding funds that are due to Seller arising from a Payment Transaction processed through the Service or otherwise, and GPC is unable to contact Seller and has no record of Seller's use of the Service for several years, applicable law may require GPC to report the balance of such funds as unclaimed property. If this occurs, GPC will try to locate Seller at the Seller's mailing address shown in GPC's records. If GPC is unable to locate Seller, GPC may be required to deliver any such funds to the applicable state as unclaimed property. GPC may deduct a dormancy fee and other administrative charges from such unclaimed funds, as permitted by applicable law.
Registration as a Buyer
By registering as a Seller in the service, Seller will also be registering as a Buyer and will be able to use the service as a Buyer. The Buyer Terms of Service can be found here.
Indemnification
Seller shall indemnify, defend and hold harmless GPC, Google, and their agents, affiliates, subsidiaries, directors, officers, employees, and applicable third parties (e.g. relevant Customers, co-branders and other commercial partners, licensors, licensees, consultants, and contractors, including but not limited to Paymentech, L.P.) (collectively " Indemnified Parties " from and against any and all claims, liability, loss, and expense (including damage awards, settlement amounts, and legal fees), brought against or incurred by any Indemnified Party, arising out of, related to, or which may arise from: (i) Seller's use of the Service; (ii) any breach or non-compliance by Seller of any term of this Seller Terms of Service or any of GPC's policies; (iii) any dispute or litigation caused by Seller's actions or omissions; or (iv) Seller's violation or alleged violation of any law or rights of another.
Disclaimer of Warranties
THE SERVICE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICE, IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, GPC, GOOGLE, AND THEIR SUBSIDIARIES, AFFILIATES, AGENTS, AND CO-BRANDERS AND OTHER COMMERCIAL PARTNERS (COLLECTIVELY, " GPC PARTIES ", MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER FOR THE SERVICE OR THE CONTENT, MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE SERVICE, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SERVICE. EACH GPC PARTY DISCLAIMS WITHOUT LIMITATION, ANY WARRANTY OF ANY KIND WITH RESPECT TO THE SERVICE, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liabilities; Force Majeure
IN NO EVENT SHALL ANY GPC PARTY, INCLUDING BUT NOT LIMITED TO PAYMENTECH, L.P., BE LIABLE TO SELLER OR ANY THIRD PARTY UNDER THIS AGREEMENT FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES WHICH MAY BE INCURRED IN CONNECTION WITH ANY GPC PARTY OR THE SERVICE, OR ANY GOODS, SERVICES, OR INFORMATION PURCHASED, RECEIVED, SOLD, OR PAID FOR BY WAY OF THE SERVICE, WHETHER IN CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF THE GPC PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THE AGGREGATE LIABILITY OF THE GPC PARTIES TO SELLER OR ANY THIRD PARTY UNDER THIS SELLER TERMS OF SERVICE FOR ANY CLAIM IS LIMITED TO THE NET AMOUNT OF FEES RECEIVED AND RECOGNIZED BY GPC FROM SELLER UNDER THIS SELLER TERMS OF SERVICE DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE CLAIM. Each party acknowledges that the other party has entered into this Seller Terms of Service relying on the limitations of liability stated herein and that those limitations are an essential basis of the bargain between the parties. In addition to and without limiting any of the foregoing, no GPC Party shall have any liability for any failure or delay resulting from any condition beyond the reasonable control of such party, including but not limited to governmental action or acts of terrorism, earthquake or other acts of God, labor conditions, and power failures.
Notice
In addition to the electronic communications authorized under the Section entitled, "Use of Electronic Communications", statements, notices and other communications to Seller may be made by mail, email, postings on the Google Web Site or other reasonable means. GPC may also provide notices of changes to the Seller Terms of Service or other matters by displaying links to notices on the Google Web Sites. Notice to GPC may be made by mail to:
Google Inc.
Attn: Google Payments
1600 Amphitheatre Parkway
Mountain View, CA 94043
Jurisdiction; Governing Law
This Agreement shall be governed by the laws of California, except for its conflicts of laws principles. Any dispute or claim arising out of or in connection with this Agreement shall be adjudicated in Santa Clara County, California. The parties specifically exclude from application to the Agreement the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act.
Modification of Seller Terms of Service
GPC shall have the right, at its sole and absolute discretion, to change, modify, or amend any portion of this Seller Terms of Service at any time by posting notification on a Google Web Site or otherwise communicating the notification to Seller. The changes will become effective, and shall be deemed accepted by Seller, after the initial posting by GPC or the sending by GPC of notification to Seller and shall apply on a going-forward basis with respect to Payment Transactions initiated after such sending or posting date. In the event that Seller does not agree with any such modification, Seller shall terminate its use of the Service, which shall be Seller's sole and exclusive remedy.
Assignment
Seller shall not assign this Seller Payment Terms of Service or any rights or obligations hereunder, by operation of law or otherwise, without the prior written approval of GPC and any such attempted assignment shall be void. GPC shall have the right to freely assign this Seller PaymentTerms of Service and the rights and obligations hereunder, to any third party without requiring the consent of or notice to Seller. Subject to the foregoing, this Seller PaymentTerms of Service shall be binding upon and inure to the benefit of the parties hereto, their successors and permitted assigns.
Survival
Upon termination of Seller's use of the Service or termination of this Seller Terms of Service for any reason, in addition to this section, the following sections shall servive termination: the last paragraph of "Payment Transaction Processing", "Limitations on the Use of Service", "Use of Electronic Communications", "GPC Does Not Guarantee Payment Transaction", "Final Payment", "GPC Not a Banking Institution", "Termination of Service", "Seller Responsibility for Taxes", "No Endorsement of Products", "No Representation as to Customer Identity", "Disputes", "Compliance with Laws", " Confidentiality of Customer Information", "Unclaimed Property", Indemnification", "Disclaimer of Warranties", "Limitations of Liability; Force Majeure", "Notice", "Jurisdiction; Governing Law", and "Other Provisions".
Other Provisions
The failure of GPC to exercise or enforce any right or provision of this Seller Payment Terms of Service shall not constitute a waiver of such right or provision. If any provision of this Seller Payment Terms of Service is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. In any event, the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. This Seller Payment Terms of Service , including GPC's policies governing the Service referenced in this Seller Payment Terms of Service and Exhibit A if applicable to Seller, constitutes the entire agreement between GPC and Seller with respect to Seller's use of the Service. This Seller Payment Terms of Service is not intended and shall not be construed to create any rights or remedies in any parties other than Seller and GPC , or Paymentech, L.P as provided in Exhibit A if applicable to Seller, or Google and other GPC affiliates, which each shall be a third party beneficiary of this Seller Payment Terms of Service, and no other person shall assert any rights as a third party beneficiary hereunder.
Exhibit A – Three Party Agreement Between Seller, GPC, and Paymentech, L.P.
This Exhibit A applies to all Sellers who use the Service to engage in aggregate transaction amounts of five thousand dollars ($5,000) or more in gross merchandise volume (GMV) for three consecutive months. This Exhibit contains terms required by the groups of Card issuer banks or debit networks that facilitate the use of payment cards ("Associations". These terms form a three-party agreement between the Seller subject to Exhibit A, GPC, and Paymentech, L.P. ("Paymentech", the service provider with which Google has entered into a separate agreement to assist GPC in processing Seller's Payment Transactions.
Definitions
Association Rules are the bylaws, rules, and regulations, as they exist from time to time, of the Associations.
Card is both the plastic card or other evidence of the account and the account number, issued by a Card issuer or a debit network to the Cardholder, either of which are accepted for the purpose of paying Seller, and which will be processed under this Seller Payment Terms of Service.
Cardholder is the person to whom the Card is issued and who is entitled to use the Card.
Retrieval Request is a request for information by a Cardholder or Card issuer relating to a claim or complaint concerning a Card sale Seller has made.
Sales Data is the evidence and/or electronic record of a Payment Transaction representing payment by use of a Card or of a refund/credit to a Cardholder.
Seller Acceptance of Cards
Seller agrees to comply with all Association Rules, as may be applicable and in effect from time to time. Seller understands that GPC or Paymentech may be required to modify this Exhibit A in order to comply with requirements imposed by the Association Rules.
The Association Rules require that each Sales Data Seller tenders to GPC for processing comply with the following conditions: (1) The Sales Data represents payment or refund of payment, for the bona fide sale or lease of the goods, services or both, which Seller has provided in the ordinary course of its business; (2) The Sales Data does not involve any element of credit for any purpose other than payment for a current transaction (including payment of a previously-dishonored check) and, except in the case of approved installment or pre-payment plans, the goods have been shipped or services actually rendered to the Cardholder; (3) To Seller's knowledge, the Sales Data is free from any material alteration not authorized by the Cardholder; and (4) Seller has not advanced any cash to the Cardholder in connection with the Card transaction, nor has Seller accepted payment for effecting credits to a Cardholder's account.
Refunds and Adjustments
The Card Associations require Seller to maintain a fair policy with regard to the return/cancellation of merchandise or services and adjustment of Card sales. Seller must also disclose its return/cancellation policy to Seller's customers.
If Seller allows a price adjustment, return of merchandise or cancellation of services in connection with a Card sale, Seller must prepare and deliver to GPC Sales Data reflecting such refund or adjustment within 3 days of receiving the customer's request for such refund/adjustment. The amount of the refund/adjustment cannot exceed the amount shown as the total on the original Sales Data except by the exact amount required to reimburse the Cardholder for postage that the Cardholder paid to return merchandise. Seller is not allowed to accept cash or any other payment or consideration from a customer in return for preparing a refund to be deposited to the Cardholder's account nor to give cash refunds to a Cardholder in connection with a Card sale, unless required by law.
If Seller's refund policy prohibits returns under certain circumstances, Seller may still receive a chargeback relating to such sales pursuant to the Association rules.
Retrieval Requests
The Associations require Seller to store original documentation of each transaction for at least six months from the date of the respective transaction, and to retain copies of all such data for at least 18 months from the date of the respective transaction. The Associations do not allow Seller to charge a fee for the creation or storage of such copies.
Data Security and Privacy
Seller must exercise reasonable care to prevent disclosure of Card information, other than to Seller's agents and contractors for the purpose of assisting Seller in completing a Card transaction, or to the applicable Association, or as specifically required by law. Association Rules require Seller to comply with all security standards and guidelines that may be published from time to time by Visa, MasterCard or any other Association, including, without limitation, the Visa U.S.A. Cardholder Information Security Program (collectively, the "Security Guidelines". Seller understands and agrees that failure to comply with the CISP requirements and other Security Guidelines may result in fines and/or penalties being levied against Seller or against GPC or Paymentech because of Seller's actions by the Associations. If this occurs Seller agrees to reimburse GPC or Paymentech immediately for any fine or penalty imposed due to violation of the Security Guidelines.
The Association Rules provide that Cardholder information and transaction data is owned by the Associations, the Card issuer and the Cardholder.
posted on April 6, 2006 02:50:39 PM new
Notice the difference compared to all the weasel words and appendages in the PayPal "selling your soul and first born" user agreement. They say upfront they are "not a party to, and shall not be involved in or responsible for, transactions, agreements and/or disputes" so no useless Seller or Buyer Protection. Pretty much the same as any regular Merchant Account including provision for a Reserve Requirement for 'high-risk' sellers.
We signed up in January and it's been a delight to use for our website sales via Google Base and Froogle.
posted on April 6, 2006 02:55:26 PM new
I tried and tried to find a place to register with Google payments and couldn't find it. I do have a Google account. I understand that only a limited number of sellers are invited to accept Google payments right now. Is the same true of buyers who want to pay with Google?
posted on April 6, 2006 03:56:03 PM new
pixiamom:Several days ago I registered for Google Base. Then I listed an item (google uses the term Product). In the listing page for a product thier was a link to sign up for Google Payment Service. Very similar to Paypal in the sense that you furnish a bank account and a credit card. they then deposit amounts in your bank account to confirm your account. Listing is free you only pay if the payment is made with Google Payment Service.The fees are less than Paypal. you can accept cash,checks, credit cards directly, and Google Base. You can not accept Money orders(which is strange)
Right now thier are 1576 items listed on Google Base,
that accept Google Payments. I think it open to the general public but they dont seem to advertise this fact.
Google Base Preferences
Post your own item My items
Items Results 1 - 5 of about 1576.
Home > Products > Payment:payment_through_google
Refine your search: Seller Condition Product type Location Brand Size Show more
Manufacturer Model number Ship international Shipping usa Military Color Show less
I went and looked sounds interesting. will have to check it our more. This pages tell you a lot about google base how to list etc. Didn't find anything about payments though. Probably like scovland said you have to list something to find the sign up page.
**************
Some minds are like concrete,
thoroughly mixed up and permanently set.
posted on April 7, 2006 03:56:33 PM new
March 15, 2006
FAQ: How many google base listings take google payments?
Thanks to the power of tags, you can find this easily by choosing 1. Products and 2. Payment: payment_through_google. Today I get about 12k items.
Yes I think the only way to sign up is to list a Product. I just wandered into it. I wanted to sign up for Google Base . The listing are on for 31 days. It is Free. You can post a picture from a Url or from a Document File.No feedback system that I can see. I will keep trying to find out info.and post new info here.
posted on April 10, 2006 03:32:16 PM new
Hi
I listed on Google Base and when I was asked to accept Google payment I decided not to accept, I'm not sure if thats what I want to do you could only take your money out by having it transfered to your bank account. If and when they offer a debit card then I might sign up for Google Payment.
displayed or distributed, purchased or paid through the Service or the Google Web Sites. GPC hereby disclaims any liability or responsibility for errors or omissions in any Content or in the Service. GPC reserves the right, but shall have no responsibility, to edit, modify, refuse to post or remove any Content, in whole or in part, that in GPC's sole and absolute discretion is objectionable, erroneous, illegal, fraudulent or otherwise in violation of this Seller Payment Terms of Service.
