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PayPal Here™ Agreement

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PayPal Here™ Agreement

Last Update: October 9, 2013

 

This Agreement contains fourteen sections. You may jump directly to any section by selecting the appropriate link below. The headings and subheadings below are for reference only and do not limit the scope of each section. Some capitalized terms have specific definitions in Section 14 (Definitions). Underlined words in this Agreement and on our website hyperlink to relevant information.

Jump to section:

1. Product Description.
2. Getting, Using and Replacing your PayPal Here Device.
3. Multiple Devices and Authorized Users.
4. Using PayPal Here.
5. Mobile Compatibility.
6. Fees.
7. Privacy.
8. Reserves and other Protective Actions.
9. Seller Protection Program.
10. License Grant.
11. Acceptable Use.
12. Data Security.
13. PayPal's Use of Data.
14. Definitions.

 

This PayPal Here™ Agreement (“PayPal Here Terms”) is a contract between you and PayPal, Inc. and applies to your use of the PayPal Services to accept PayPal payments, credit cards, debit cards and checks into your PayPal account using the PayPal Here swipe device and/or software (“ PayPal Here”). You must read, agree with and accept all of the terms and conditions contained in the PayPal Here Terms. By using PayPal Here, you acknowledge that you have agreed to these PayPal Here Terms. Capitalized terms that are not defined in these PayPal Here Terms, including Section 14 (Definitions), are defined in the PayPal User Agreement.

These PayPal Here Terms, with the PayPal User Agreement and any other agreement in which you have entered into with PayPal (collectively " PayPal Agreements"), apply to your use of PayPal Here. The definition of PayPal Services under the PayPal User Agreement shall be amended to include PayPal Here, except that any pricing generally applicable to PayPal Services shall not apply to PayPal Here unless expressly agreed by PayPal. If any inconsistency exists between the terms of the PayPal User Agreement and these PayPal Here Terms, these PayPal Here Terms shall control your use of PayPal Here. We may amend these PayPal Here Terms at any time by posting a revised version on our website. The revised version will be effective at the time we post it. In addition, if the revised version includes a Substantial Change, we will provide you with 30 Days' prior notice of Substantial Change by posting notice on the "Policy Updates" page of our website. If you would like to receive notification by email of new Policy Updates then you may do so by changing your notification preferences in your Account Profile. If you do not agree with any Substantial Change then you may terminate your use of PayPal Here at any time.

 

1. Product Description.

PayPal Here allows you to accept Visa, MasterCard, American Express, and Discover branded credit cards and debit cards (“Cards”) and checks into your PayPal Account. You can also keep record of cash payments. PayPal Here is available in the fifty United States and the District of Columbia. To register for PayPal Here, you must provide certain personal information, agree to these terms and have a Business Account or Premier Account in good standing. If you have a Personal Account (rather than a Business or Premier Account) prior to signing up for PayPal Here, you will be upgraded automatically to a Premier or a Business Account as part of the sign-up process, depending on your expected use of PayPal Here. You must be approved by PayPal to use PayPal Here.

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2. Getting, Using and Replacing your PayPal Here Device.

Once you are approved for PayPal Here, the PayPal Here Device will be mailed to you at an address selected by you, subject to the following conditions. If you are a new PayPal User, the PayPal Here Device will be mailed to the address you provide at sign up. If you are an existing PayPal User and have multiple addresses in your Account Profile, you may select the address to which you would like the PayPal Here Device mailed. If you request multiple PayPal Here Devices, you can request that different devices be mailed to different addresses. If your PayPal Here Device(s) do not work, you may request a replacement by contacting Customer Service. We may limit the number of PayPal Here Devices you can receive at any time, including the number of replacement devices you may ever receive.

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3. Multiple Devices and Authorized Users.

If you have a Business Account, your authorized users can use PayPal Here Devices linked to your PayPal Account. To add authorized users to your PayPal Business Account, you must register each authorized user with PayPal and create a password for each user to log in to your Account. If you require additional PayPal Here Devices, you must request them. The access privileges you provide to your authorized users will apply to your PayPal Account and the PayPal Here app. Authorized users must be 18 years or older. To comply with the USA Patriot Act, we may perform a screening before issuing a PayPal Here Device to any authorized user. You agree to assist us in this screening by providing legitimate and accurate information regarding the identity of all authorized users, as requested by us. We reserve the right to deny anyone access to PayPal Here. It is your responsibility to ensure your authorized users comply with the PayPal Here Terms. You agree that you are at all times liable for the actions or omissions of your authorized users and that you will indemnify and hold PayPal harmless from the actions or inactions of your authorized users in connection with their use of PayPal Here.

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4. Using PayPal Here.

To use the PayPal Here Device, you must download the PayPal Here App and accept the end user license agreement. You may download the PayPal Here App from the Apple iTunes or Google Play App Stores. There is no fee to download the PayPal Here App.

Because your customer is present at the time of your PayPal Here transactions, you are required to obtain a customer signature on non-PIN credit or debit card transactions greater than twenty-five dollars ($25). Obtaining this signature may assist you in defending against a Chargeback in the event a customer claims the transaction was unauthorized. You must also provide customers with a receipt upon request. Customers may choose an electronic receipt delivered via email or SMS rather than a paper receipt. You must obtain your customers’ consent prior to using the PayPal Here App to send an email or SMS text to them.

You agree that any transaction that you submit through PayPal Here shall have an accurate and true description of the goods and services being purchased. You also agree to comply with any instructions provided to you along with your PayPal Here Device.

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5. Mobile Compatibility.

PayPal Here permits you to accept Card transactions on a compatible mobile device. PayPal does not warrant that PayPal Here will be compatible with your mobile device. If your device was modified contrary to the manufacturer’s software or hardware guidelines, including but not limited to “jailbreaking,” which means disablement of the device’s hardware or software security controls, then you may not use PayPal Here on your modified device.

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6. Fees.

  1. Monthly Subscription: None
  2. Transaction Fees: The transaction fees are expressed as a percentage of the payment amount plus, for Keyed Transactions, a fixed amount.

Swiped Transactions

2.7%

Keyed Transactions and Scanned Transactions

3.5% + $0.15

PayPal Transactions

2.7%

Check Capture

No Fee

Cross-Border Transactions – Swiped and PayPal Transactions

3.7%

Cross-Border Transactions – Keyed and Scanned Transactions

4.5% + $.15

7. Privacy.

The PayPal Privacy Policy applies to your use of PayPal Here. The protection of your information is important to PayPal. Likewise, information you receive from us about your customers must be kept confidential, stored securely and only used for purposes related to PayPal Here and as agreed to in the PayPal Privacy Policy. As a reminder, information you receive may not be used to send unsolicited email or SMS messages to a user without the user’s express consent.

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8. Reserves and other Protective Actions.

If we believe there may be a high level of risk associated with your PayPal Account, we may take certain actions in connection with your Account and/or your use of the PayPal Services.

  1. Reserves. PayPal, in its sole discretion, may place a Reserve on funds held in your PayPal Account when PayPal believes there may be a high level of risk associated with your PayPal Account. PayPal will provide you with notice specifying the terms of a Reserve on your PayPal Account. The terms may require a certain percentage of the amounts received into your Account be held for a certain period of time, a certain amount of money be held in reserve, or anything else PayPal determines necessary to protect against the risk associated with your PayPal Account. PayPal may change the terms of the Reserve at any time by providing you with notice of the new terms. Funds subject to a Reserve will be shown as "pending" in your PayPal Balance. In addition, if you process more than $2500 in Keyed Transactions and/or Scanned Transactions in any rolling 7 Day period, PayPal may delay the availability of funds in excess of $2500 for a 30 Day period. After 30 Days these reserved amounts will be available to you.
  2. Additional Actions. We may take other reasonable actions we determine are necessary to protect against the risk associated with your PayPal Account, such as requesting additional collateral from you such as a letter of credit or a personal guaranty, or limiting transactions to those made within the country of your account. PayPal may contact your customers on your behalf in the event PayPal is investigating potential fraud.
  3. Information. In order to determine the risk associated with your PayPal Account, PayPal may request at any time, and you agree to provide, any information about your business, operations or financial condition. We reserve the right to reassess your eligibility for any Product if your business is materially different from the information you provided in your application.

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9. Seller Protection Program.

PayPal Here transactions are not eligible for Seller Protection under Section 11 of the User Agreement.

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10. License Grant.

If you are using PayPal software such as an API, developer's toolkit or other software application that you have downloaded to your computer, device, or other platform, then PayPal grants you a revocable, non-exclusive, non-transferable license to use PayPal's software in accordance with the documentation. This license grant includes the software and all updates, upgrades, new versions and replacement software for your personal use only. You may not rent, lease or otherwise transfer your rights in the software to a third party. You must comply with the implementation and use requirements contained in all PayPal documentation accompanying the PayPal Services. If you do not comply with PayPal's implementation and use requirements you will be liable for all resulting damages suffered by you, PayPal and third parties. You agree not to alter, reproduce, adapt, distribute, display, publish, reverse engineer, translate, disassemble, decompile or otherwise attempt to create any source code which is derived from the software. You acknowledge that all rights, title and interest to PayPal's software are owned by PayPal. Any third party software application you use on the PayPal website is subject to the license you agreed to with the third party that provides you with this software. PayPal does not own, control nor have any responsibility or liability for any third party software application you elect to use on the PayPal website and/or in connection with the PayPal Services. If you are using the PayPal Services on the PayPal website, or other website or platform hosted by PayPal, or a third party, and are not downloading PayPal's software or using third party software applications on the PayPal website, then this section does not apply to your use of the hosted PayPal Services.

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11. Acceptable Use.

As a reminder, you may not accept payments in violation of PayPal Acceptable Use Policy.

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12. Data Security.

  1. General. You are fully responsible for the security of data in your possession or control as a result of using PayPal Here. You agree to comply with all applicable laws and rules in connection with your collection, security and dissemination of any personal, financial, Card, or transaction information (defined as “Data”).
  2. Data Usage. Unless you receive the express consent of your customer, you may not retain, track, monitor, store or otherwise use Data beyond the scope of the specific transaction. Further, unless you get the express consent of PayPal, you agree that you will not use nor disclose the Card Data for any purpose other than to support payment for your goods and services. Card Data must be completely removed from your systems, and any other place where you store Card Data, within 24 hours after you receive an authorization decision unless you have received the express consent of your customer to retain the Card Data for the sole purpose of processing recurring payments. To the extent that Card Data resides on your systems and other storage locations, it should do so only for the express purpose of processing your transactions. All Data and other information provided to you by PayPal in relationship to the PayPal Here service and all Card Data will remain the property of PayPal, its Acquiring Bank or the Card Companies, as appropriate.
  3. Password Security. You agree to restrict use and access to your password and log-on ID to your employees and agents as may be reasonably necessary, and will ensure that each such employee or agent complies with these PayPal Here Terms. You will not give, transfer, assign, sell, resell or otherwise dispose of the information and materials provided to you to utilize the PayPal Here services. You are solely responsible for maintaining adequate security and control of any and all IDs, passwords, or any other codes that are issued to you by PayPal, each Acquiring Bank or the Card Companies.
  4. PCI Compliance. You agree that at all times you shall be compliant with the Payment Card Industry Data Security Standards (PCI DSS) and the Payment Application Data Security Standards (PA DSS), as applicable. You agree to promptly provide us with documentation evidencing your compliance with PCI DSS and/or PA DSS, if requested by us. You also agree that you will use only PayPal-approved PCI compliant service providers in connection with the storage, or transmission of a cardholder’s account number, expiration date, and CVV2. You must not store CVV2 data at any time. Your customers’ Card Data is handled by PayPal if you use the PayPal Here Device to swipe credit, debit and PayPal Payment cards. PayPal adheres to PCI DSS.
  5. Audit. If PayPal believes that a security breach or compromise of Data has occurred, PayPal may require you to have a third party auditor that is approved by PayPal conduct a security audit of your systems and facilities and issue a report to be provided to PayPal, the Acquiring Banks and the Card Companies. In the event that you fail to initiate an audit within 10 Business Days of PayPal's request, PayPal may conduct or obtain such an audit at your expense.

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13. PayPal's Use of Data.

  1. You authorize PayPal to provide information about your business and individual Card transactions to third parties for the purpose of facilitating the acceptance and settlement of your Card transactions and in connection with items, including chargebacks, refunds, disputes, adjustments, and other inquiries.
  2. PayPal shall have the right (i) to use the Data it receives from you as necessary to perform the PayPal Services; (ii) to collect and process the Data subject to applicable law to use internally for record keeping, internal reporting, analytics, fraud detection and support purposes; (iii) to compile and disclose Data in the aggregate where your individual or user Data is not identifiable, including calculating Merchant averages by region or industry; and (iv) to provide the Data as required by the Card Companies, the Acquiring Banks, law or court order, or to defend PayPal’s rights in a legal dispute.

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14. Definitions.

"Acquiring Bank" means each of the financial institutions PayPal partners with to process your Card payments, including your PayPal Here transactions.

"Card Companies" means a company or group of financial institutions that promulgate rules to govern Card transactions via bankcard and payment networks including MasterCard, Visa, Discover, and American Express.

"Check Capture" means a check transaction where the check is scanned in using the PayPal Here App and the image capture capability on your mobile device.

"Cross-Border Transaction" means the following: (1) a transaction using a Card issued outside the United States, or (2) a PayPal Transaction in which the buyer uses a non-U.S. PayPal account to fund the transaction.

"Keyed Transaction" means a Card transaction where you do not swipe the Card via the PayPal Here Device, but instead input the Card number and other required information via the PayPal Here App.

"PayPal Here Device" means the swipe device we provide to you to use in connection with your use of PayPal Here.

"PayPal Transaction" means a transaction using a PayPal-issued access method such as the PayPal payment card or a PayPal Here check-in transaction.

"PayPal User Agreement" means the online agreement you entered into with PayPal when you opened your PayPal Account, as it may have been amended from time to time. The PayPal User Agreement currently in effect can be accessed via the Legal Agreements link in the footer of nearly every page on the PayPal website.

"Scanned Transaction" means a Card transaction where the Card is scanned in using the PayPal Here App and the image capture capability on your mobile device.

"Swiped Transaction" means a transaction using a Card that you submit to PayPal by swiping the Card through the PayPal Here Device.

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