Payments, Cancellation & Refund Policy
This Payments, Cancellation & Refund Policy (“Policy”) incorporates all terms, conditions, rules, policies and guidelines regarding the refund and cancellation policies of Wepah, Inc. (“Vendor” or “Wepah”). Capitalized terms not defined in this Policy are defined elsewhere in the Terms of Service, or have the meanings given such terms on the website and in the mobile application, www.Wepah.com (the “App”). This Policy is effective as of November 1, 2017. Your use of the Site after the effective date will signify your acceptance of this Policy. To the extent permitted by applicable law, we may modify this Policy without prior notice to you. Revisions to this Policy will be posted on the Site, so please check the Site often for updates. Revisions to this Policy will take effect when posted on the Site unless otherwise stated.
To cancel a reservation for an Event Service, either Provider or Customer, you must do so by sending an email to [email protected]. A successful cancellation will be confirmed via an email sent from [email protected]. If you did not receive a confirmation email within 72 hours, please email [email protected] include in the subject line “Event Service Cancellation” and include the corresponding “CONFIRMATION NUMBER”. The email must be received no later than 2 weeks prior to the start time of the Event in order to be eligible to receive a full or partial refund and without any penalty. You must then follow the applicable process described below.
Event Services Cancellation
All tasks deemed acceptable on day the Event Service are to be provided are stated in Event Timeline. Provider may not cancel Event Services for any reason other than extreme circumstances or an Act of God after receiving payment and/or confirming its participation in the Event. If Provider determines it must cancel its participation in the Event, it must send Vendor an email to [email protected], as soon as possible. If, on or before day Event Services are to be provided, Customer requests new tasks or changes to Event Timeline, the following process will apply: a) If Provider agrees to changes: (i) the Event will continue as planned but price may reflect changes and; (ii) Changes must be made to the Reservation by sending an email to [email protected] b) If Provider disagrees to changes, Provider can choose to: (i) cancel obligation without penalty, AND forego any claims to funds or (ii) Customer and Provider can agree to perform only the original Event Services reserved; (iii) agree to changes for an additional cost to Payments Account; and (iv) Vendor may suspend Provider’s accounts. Any and all changes made to Event Timeline must be approved in writing by Vendor.
Customer If you cancel a Reservation, the following process will apply: a) If the cancellation request is made within 14 days of the Event, the Event may not be cancelled and payment for 100% of the Price of the Reservation shall be processed. b) If the cancellation or reschedule request is made prior to 14 days of the Event, Customer may be eligible for a full or partial refund, less any expenses incurred by Vendor.
If Provider arrives as scheduled and is unable to connect with Customer due to Customer’s inability to receive/send messages or for any other reason, this failure to connect with the Provider will constitute a late cancellation by the Customer and Customer will not be entitled to a refund and will be responsible for payment as outlined above.
If Provider arrives and Customer advises Provider that Event Service will be provided at a different location, Provider reserves the right to refuse to go to alternate location and may cancel the Event Services. In such a case, User will not be entitled to a refund and will be responsible for payment as outline above.
If Provider arrives and Customer requests Event Services not contracted for or if the number of attendees an Event is different than originally specified, Provider reserves the right to refuse to provide Event Services. In such a case, Customer will not be entitled to a refund and will be responsible for payment as outline above.
If a Customer submits a Refund Request, then the following process will apply: a) If the refund request is submitted more than 14 days prior to Reservation start time and Vendor and Provider have not incurred any costs, funds are returned to Customer and Provider is informed of refund; or, b) If the refund request is submitted less than 14 days prior to Event, then Customer is not eligible to receive a full or partial refund. Vendor may suspend either party’s Account.
Processing Processing refunds in any instance may take up to 30 business days to be returned in the original form of payment.
Refund Payment Instructions
By submitting a Refund Request or approving a Customer’s refund request in whole or in part, Provider irrevocably authorizes and instructs Vendor as follows:
If the refund request relates to an hourly Event and sufficient funds remain in the Payment Account to cover the amount of the refund requested or approved by the Provider, Vendor will release the corresponding amount from the Payment Account and refund it in the original form of payment.
Provider “No-Shows”/Refusal of Obligation
Providers are independent entities not associated with Vendor; Vendor does not guarantee or warrant any representation with Provider or Event Services to be provided. In the event Provider does not arrive or cancels already agreed upon Event Timeline or; does not fulfill already agreed upon Event Services described in the Event Timeline, the following applies:
a) If Provider cancels less than 48 hours (“No-Show”) before Event Service Reservation start time, the Provider agrees to have no claim to funds held by Vendor, and Vendor may utilize funds in to hire replacement Provider. b) In multiple Provider instances, if 1 (one) or more Provider (s) cancel less than 48 hours (“No-Show”) before Event Services Reservation start time, Customer is still held responsible for agreements with other Provider(s) which are associated with the same Reservation Number. Other Disputes For a dispute with Vendor, you must follow the section entitled “Dispute Resolution” in Section 1 of the Terms of Service Agreement.
To report a violation of the Terms of Service, or if you need assistance, please contact Customer Support at:[email protected]
Payments & Stripe Payments Company
Payment processing services for Providers and Customers on Wepah.com are provided by Stripe Payments Company and are subject to the Stripe Services Agreement. By agreeing to Stripe Services Agreement or continuing to operate as a Customer on Wepah.com, you agree to be bound by the Stripe Checkout User Terms of Service, as the same may be modified by Stripe from time to time. As a condition of Vendor enabling payment processing services through Stripe, you agree to provide Vendor accurate and complete information about you and your business, and you authorize Vendor to share it and transaction information related to your use of the payment processing services provided by Stripe.
When a Customer pays a Provider or funds related to Event Services are otherwise released to a Provider as required by the applicable Payment Instructions, Vendor withholds its Service Fee then credits the Provider’s designated Payout account. The Service Fee that Vendor earns and Provider agrees to pay Vendor for creating, hosting, maintaining, and providing the Site Services. The Service Fee is described here.
No Fee for Introduction or Finding Event Vendor does not introduce Customers to Providers and does not help Providers find Reservations. Vendor merely makes the Site Services available to enable Providers to do so themselves. Therefore, Vendor does not charge a fee when a Provider finds a suitable Customer or finds a suitable Reservation. However, Customer and Provider are obligated to use the Site to pay and receive payment for their work together if they identified each other through the Site, as detailed further in the Terms of Service.
Other Fees Vendor may offer additional features, such as featured posts or verification features, for additional fees. Such features and fees are described in detail here. Vendor may also charge Transaction Fees and other service fees as described in the Terms of Service and to the extent permitted by applicable law.
You acknowledge and agree that a substantial portion of the compensation Vendor receives for making the Site available to you is collected as a deduction of the Service Fee. Vendor only deducts this Service Fee when a Customer and a Provider pay and receive payment through the Site. Therefore, for 24 months from the time you identify or are identified by any party through the site (“Exclusivity Period”), you must use the Site as your exclusive method to request, make and receive all payments for work directly or indirectly with that party or arising out of your relationship with that party (“Vendor Relationship”). You may opt-out of this obligation only if Customer or prospective Customer pays Vendor an “Opt-Out Fee” computed to be the greater of the following amounts:
15% of the cost to the Customer of the services to be performed in the Vendor Relationship during the Exclusivity Period, as estimated in good faith by the prospective Customer; or
all Service Fees that would be earned by Vendor from the Vendor Relationship during the Exclusivity Period, computed based on the annualized amount earned by Provider by Customer during the most recent normalized 8 week period, or during such shorter period as data is available to Vendor;
and, in any case, plus interest at the rate of 18% per annum or the maximum rate permitted by applicable law, whichever is less, calculated from the date Customer first makes payment to the subject Provider until the date the Opt-Out Fee is paid. To pay the Opt-Out Fee, you must request instructions by sending an email to [email protected].
Non-Circumvention You agree not to circumvent the Payment Methods offered by the Site. By way of illustration and not in limitation of the foregoing, you must not:
-Submit proposals or solicit parties identified through the Site to contact, hire, manage or pay outside the Site. Accept proposals or solicit parties identified through the Site to contact, deliver services, invoice, or receive payment outside the Site. -Invoice or report on the Site or in an Opt-Out Request an invoice or payment amount lower than that actually agreed between Customer and Provider.
You agree to notify Vendor immediately if another person improperly contacts you or suggests making or receiving payments outside of the Site. If you are aware of a breach or potential breach of this non-circumvention policy, please submit a confidential report to Vendor by sending an email message to: [email protected].
You agree to defend, hold harmless and indemnify Vendor and Affiliates from and against any and all losses, costs, expenses, damages or other liabilities (including reasonable attorneys’ fees and costs) incurred by Vendor or Affiliates arising from or related to any cause of action, claim, suit, proceeding, demand or action brought by a third party against Vendor or an Affiliate: (a) in connection with your use of the Site Services, including any payment obligations incurred through use of the Site Services; or (b) resulting from: (i) your use of the Site; (ii) your decision to supply credit or other information via the Site, including financial information; (iii) your decision to submit postings and accept offers from other Customers or Providers; (iv) any breach of contract or other claims made by Customer or Providers with which you conducted business through the Site; (v) your breach of any provision of this Agreement; (vi) any liability arising from the tax treatment of payments or any portion thereof; (vi) your dispute of or failure to pay any invoice or make any other payment; or (vii) your obligations to a Provider, including payment obligations.
Cancellations, Refunds, and Disputes
To cancel a Event, issue or request a refund, or initiate a Dispute with a Customer or Provider (other than a dispute involving feedback), please see the following policies as applicable: the Refund and Event Services Cancellation Policy; and the Dispute Resolution section of the Terms of Service.
For a dispute between you and Vendor and/or an Affiliate, see below.
Disputes with Vendor
If a dispute arises between you and Vendor or any Affiliates, our goal is to resolve the dispute quickly and cost- effectively. Accordingly, you, Vendor and our Affiliates agree that we will resolve any claim or controversy at law or equity that arises between us out of this Agreement or the Vendor Services (a “Claim”) in accordance with Dispute Resolution section of the Terms of Service.
Using the Site for the promotion of other unrelated sites or applications is strictly prohibited. Providers whose primary goal is for Customers to drive traffic to OR “join” any site (including non-pay sites) is also prohibited. Additionally, any individuals who attempt to utilize the Site and/or any aspect of the Vendor database/site in order for Customers or Providers to “join” any competitor’s site or a site similar in nature or intent to Vendor (including forum-only type sites) will be subject to immediately removal from Site, without notice.
Vendor reserves the right to change and modify these policies and rules as appropriate and without notice.
As used in this Agreement and the other Terms of Service, the following terms have the meanings given below, unless otherwise defined or required in context:
“Account” means the Vendor Account you open when you register to become a Customer or Provider and use the Site Services, and all other Accounts added to that Account.
“Account Agreements” means the Terms of Service, Content Policy, this Refund Policy and the Software License and Online Services Agreement that governs your Account, Payment Accounts, and related Site Services, including the Payment Services, and is part of and incorporates by reference all terms, conditions, rules, policies and guidelines on the Site, including the Payment Instructions and other Terms of Service.
“Affiliate” means a wholly owned direct or indirect subsidiary of Vendor.
“Business Day” means a day on which the headquarters office of Vendor is open for normal business.
“Customer” means (1) a person who is a purchaser on the Site, using the Site on his or her own behalf, or (2) a person who is authorized to use the Site on behalf of a Customer.
“Dispute,” if capitalized, means any dispute between Customers and Providers where one or the other has the right to submit a Dispute Notice Form via the Site pursuant to the Refund and Cancellation Policy or an applicable Dispute Resolution Policy. The use of the un-capitalized term “dispute” anywhere on the Site refers to any dispute, whether between Customer and Providers or with Vendor, including those where no Customer or Vendor has filed a Dispute Notice Form via the Site.
“Dispute Notice” or “Dispute Notice Form” means the electronic form that the Site provides, that any Customer or Provider may complete to identify a Dispute and begin Dispute resolution for that Event Services Reservation via the Site.
“Dispute Resolution Policy(ies)” for an independent contractor Event means the Dispute Resolution Policy as contained in the Terms of Service.
“Event Services” means any services (as identified in the Terms of Service) identified and agreed upon by the Customer and Provider. All services arranged for or delivered to Customers by Providers.
“Event Timeline” or “Timeline” refers to the run of Events purchased through the app.
“Payment Method” means a valid credit card issued by a bank acceptable to Vendor, a bank account linked to your Account, a PayPal account, or such other method of payment as Vendor may accept from time to time in their sole discretion.
“Provider” means an Event Services provider that offers and delivers services or identifies a Customer through the Site. The term “Provider” includes without limitation any person offering Event Services through the Site.
“Reservation” means the Event Services purchased.
“Site” means the domain, all subdomains of www.wepah.com and any mobile or web services or applications owned, controlled, or offered by Vendor.
“Site Policies” means the Terms of Service and all obligations, requirements, and guidelines contained in or linked from the Site. Site Policies includes, without limitation, all documents linked here.
“Vendor,” “we” or “us” means Wepah, Inc., a Florida limited liability company, except where otherwise specifically stated.
“Vendor Services” means the creation, hosting, maintenance, and provision of the Site and all services delivered by Vendor that are accessible through the Site. The term Vendor Services does not include Event Services or Third-Party Services.