Afterpay Merchant Services Agreement

Last updated: February 22, 2021

This Afterpay Services Agreement (the “Services Agreement”), together with the Afterpay Merchant Agreement (the “Merchant Agreement”), and any other schedules, exhibits, attachments, and other documents incorporated by reference, or that the Parties may execute from time to time, (collectively with the Services Agreement and the Merchant Agreement, the “Afterpay Agreement“), is made by and between you (“Merchant”, “You” or “Your”) and Afterpay Australia Pty Ltd (ABN 15 169 342 947) (“We”, “Us”, “Our”, or “Afterpay”). Capitalised terms used but not defined herein are defined as set forth in the Merchant Agreement. Your use of Afterpay’s Services shall constitute acceptance of this Afterpay Agreement and the Merchant Agreement which may be found here and is incorporated into this Services Agreement by reference. In the case of conflict with the Merchant Agreement or other incorporated document herein, this Services Agreement shall control.

1. Onboarding Procedures, Availability.

Onboarding requirements, including such requirements detailed in clause 3(c) of the Merchant Agreement, will be managed through Stripe including any Verification of Compliance Documentation. Clause 4.1(b) of the Merchant Agreement is deleted.

2. Definitions.

The following definitions from the Merchant Agreement are amended as set forth herein. The definition of Account in the Merchant Agreement is amended to refer to Your account with Stripe pursuant to Your agreement with Stripe. The definition of Direct Debit Request is deleted and references to Direct Debit Request in the Merchant Agreement shall not be applicable. The definition of Payment Date in the Merchant Agreement is amended to state the Business Day following the day on which the Goods are Accepted for Refund and You enter the refund of the Goods via the Merchant Portal. The definition of Fee in the Merchant Agreement is deleted and references to Fee are amended to refer to Service Charges (as defined below).

3. Images and Content.

Clause 4.3(c)(iii) of the Merchant Agreement shall apply to only those images and other content that You submit to Us or that You otherwise approve.

4. Fees, Billing and Payments.

Clause 5 of the Merchant Agreement is amended and restated in its entirety as set forth in this paragraph: We shall pay the Settlement Amounts associated with each Afterpay Purchase to You by paying Stripe, which amounts will be settled to You according to Your settlement terms with Stripe after deduction of service charges (the “Service Charges”) and other amounts that Stripe or We may be authorised to withhold. The Service Charges are as determined in Your agreement with Stripe. All payments under this Afterpay Agreement must be made in Australian dollars. Afterpay may (i) set off against any amounts We owe You under this Afterpay Agreement all amounts You owe Us under this Afterpay Agreement (including, without limitation, the Service Charges, any Refund Amounts, and Customer Payments) or (ii) cause Stripe to debit Your Account. You must not accept payments or ongoing repayments for any Goods on Our behalf. If, for any reason, You receive any part of a payment relating to an Afterpay Purchase directly from a Customer (“Customer Payment”): (a) You will promptly notify both Us and Stripe of the details of the Customer Payment, including the identity of the Customer, the Goods to which the Customer Payment relates, and the amount of the Customer Payment; and (b) if We have effected a payment to You in respect of that Afterpay Purchase, You will hold the full amount of the Customer Payment for Our benefit until the Customer Payment is paid to Afterpay by You.

5. Miscellaneous.

The definition of “Website” in the Merchant Agreement for purposes of Afterpay shall be the website(s) associated with Your Stripe account as may be modified from time to time.This “Miscellaneous” section hereby indicates that the Services may be made available on Your Website, subject to the terms of this Afterpay Agreement, and shall not be available in-Store. If You wish to make the Services available in-Store You must contact Us and enter into a separate agreement with Afterpay. In the event of any conflict between this Afterpay Agreement, and the Stripe Services Agreement, the Stripe Services Agreement will govern and control.

6. Restricted Businesses

The following businesses are restricted from transacting with Afterpay

  • Alcohol
  • Artwork
  • Digital games and apps
  • Donations
  • Electronics
  • Flash sales
  • Hair extensions and cosmetic wigs
  • Home appliances
  • Jewelry, watches and precious metals
  • Live animals
  • Perishable food and restaurants
  • Pre-orders
  • Services
  • Tattoo supply and equipment
  • Travel

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