Last Updated: September 17, 2023
The Crewdogs Platform (“Crewdogs,” “we,” “our” or “us”) offers an online venue that enables users (“Members”) to publish, offer, search for, and book services. Members who publish and offer services are “Hosts” and Members who search for, book, or use services are “Guests.” Hosts offer accommodations (“Accommodations”), and a variety of travel and other services (collectively, “Host Services,” and each Host Service offering, a “Listing”). All access to and use of Crewdogs is subject to our Terms of Use (the “Terms”).
This Payment Agreement (“Agreement”) is a legal agreement between Crewdogs and our Members (“you”, “your”) that use Crewdogs’s payment processing services powered by Stripe (referred to herein as "Crewdogs Pay") in connection with their Crewdogs accounts (the “Payment Services). Certain capitalized terms used herein and not otherwise defined have the applicable meanings provided in the Terms. By signing up or using Crewdogs Pay, you agree to the terms of this Agreement and the terms found in the Stripe Connected Account Agreement which forms a legal agreement between Stripe, Inc. (“Stripe”) and you or the entity you represent (“you” and “your”).
The Payment Services allow you to accept payments from your Guests (as more fully defined below, “Guests”) using credit cards, debit cards, or ACH payments. We are not a bank and we do not offer banking services as defined by the United States Department of Treasury. Instead, we are a payment service provider that facilitates the processing of payments you receive from your Guests. This means that we collect, analyze, and relay information generated in connection with these payments.
Please note that you are required to use the Payment Services in order to have a Crewdogs account. Hosts and Guests are prohibited from using any third party payment processors (cash, check payment, online money transfer, etc.) in connection with your Crewdogs account, outside of our Off-Platform Fee Policy, and Crewdogs assumes no responsibility or liability therefor if such methods are utilized outside of the Crewdogs Platform.
“Guest” means any person or business engaging in a Card or Bank transaction directly with you.
“Bank” means any financial institution utilizing a funds transfer system
“Card” means any US-issued and most non-US issued credit or debit card bearing the logo of a Card Organization.
“Card Organization” means Visa, U.S.A., Inc., MasterCard International, Inc., Discover Financial Services, LLC and other credit and debit card providers or debit network providers. Card Organization also includes the Payment Card Industry Security Standards Council.
“Card Organization Rules” means all applicable rules, regulations or requirements issued or promulgated from time to time by a Card Organization.
“Chargeback” has the meaning set forth in Section 14.
“Fees” has the meaning set forth in Section 10.
“Reserve” has the meaning set forth in Section 22
using the Payment Services.
“Stripe Connected Account” and “Connected Account” have the meaning set forth in Section 6.
“Taxes” has the meaning set forth in Section 26.
2.1 Adding a Payment Method. When you add a Payment Method to your Crewdogs account, you will be asked to provide billing information such as name, billing address, and financial instrument information to Crewdogs Pay. You authorize Stripe to collect and store your Payment Method information.
2.2 Payment Authorization. You allow Crewdogs Pay to charge your Payment Method (including charging more than one payment method), either directly or indirectly, for all fees due in connection with your Crewdogs account, including Damage Claim amounts in accordance with the Terms and with Section 18.
2.3 Timing of Payment. Crewdogs Pay will collect the Total Price due after the Host accepts your booking request, according to the predetermined schedule, up to but no later than the termination of the Host Service.
2.4 Booking Request Status. If a requested booking is declined because it is not accepted by the Host, you cancel the booking request before it is accepted by the Host, or Crewdogs cancels the booking, any amounts collected by Crewdogs Pay, on behalf of the Host and due to you pursuant to the policies described in Section 25, will be refunded to you, to include reimbursable deposits or charges due up front.
2.5 Your Payment Method, Your Responsibility. Crewdogs Pay is not responsible for any loss suffered by you as a result of incorrect Payment Method information provided by you.
2.6.1 For certain bookings (such as for Accommodation bookings of twenty-eight (28) nights or more), Crewdogs Pay on behalf of the Host may require a Guest to make recurring, incremental payments toward the Total Price owed (“Recurring Payments”). More information on Recurring Payments (including the amount and the frequency of payments) will be made available via the Crewdogs Platform and included in a Lease agreement between Host and Guest, if applicable to a booking.
2.6.2 If Recurring Payments apply to a confirmed booking, then the Guest authorizes Crewdogs Pay to collect the Total Price due in accordance with said Lease and Host determination.
2.6.3 In order to stop Recurring Payments, Guests must notify the Host orally or in writing. In accordance with the listing cancellation policy or signed Lease agreement, the Host agrees to stop Recurring Payments and provide a refund or apply additional charges. If you have any questions regarding your Recurring Payments, please first contact your Host, and then Crewdogs.
3.1 Payment Collection. Crewdogs Pay processes the Total Price of a booking at the time displayed on the Payment Schedule during the booking process, unless noted otherwise. Based on the time of the booking, this may include an up-front payment at the time of booking, followed by the full amount no later than 7 days before check-in, for all standard travel. For Official Government travel, payment collection is made at check-in.
3.2 Valid Payout Method. In order to receive a Payout you must have a valid Stripe Connected Account, and a valid Payout Method linked to your Crewdogs account. Depending on the Stripe Account Type (Individual, or Business), additional information may be required by Stripe. Crewdogs does not store or share this information with 3rd party services. Providing requested information is required for a Connected Account and Payout Method to be valid. The information Crewdogs Pay requires for a valid Payout Method may change, and Crewdogs Pay may request additional information on behalf of Stripe at any time; failing to provide requested information may result in Crewdogs Pay temporarily placing a hold, suspending, or canceling any Payout until the information is provided and, if necessary, validated. You authorize Stripe to collect and store your Payout Method information. Stripe may also share your information with governmental authorities as required by applicable law.
3.3.1 Subject to and conditional upon successful receipt of the payments from Guest, Crewdogs Pay will initiate the charge and Payouts at the time specified via the Crewdogs Platform. For Accommodation bookings of twenty-eight (28) nights or more, Crewdogs Pay will initiate the first payout at the Guest’s scheduled check-in time, and will initiate future payouts every 30 days or check-out, whichever comes first.
3.4 Payout. Your Payout for a booking will be the Total Price less applicable Crewdogs service fees and donations. In the event of cancellation of a confirmed booking, you are responsible to refund any collected charges (if any) as provided in the Terms and applicable cancellation policy.
3.5 Payout Restrictions. Crewdogs Pay may temporarily place a hold, suspend, or cancel any Payout for purposes of preventing unlawful activity or fraud, risk assessment, security, or completing an investigation; or if we are unable to verify your identity, or to obtain or verify requested information. Furthermore, Crewdogs Pay may temporarily place a hold on, suspend, or delay initiating or processing any Payout due to you under the Terms as a result of high volume Booking cancellations or modifications arising from a Force Majeure Event (as defined below).
3.6 Your Payout Method, Your Responsibility. Crewdogs Pay is not responsible for any loss suffered by you as a result of incorrect Payout Method information provided by you.
4.1 Each Host, including each Host Team member, hereby acknowledges Crewdogs Pay powered by Stripe, as the Payment Service Provider.
4.2 Each Host, including each Host Team member, agrees that payment made by a Guest via Crewdogs Pay powered by Stripe, are made directly to the Host, and the Host will provide the Host Service booked by the Guest in the agreed-upon manner. Each Host agrees to refund the Guest in accordance with the listing Cancellation Policy and Terms Crewdogs Pay assumes no liability for any acts or omissions of the Host, but will act as final arbiter in the event of a Damage Claim or Disagreement
4.3 Each Guest acknowledges and agrees that, notwithstanding the fact that Crewdogs Pay is not a party to the agreement between you and the Host(s), including each Host Team member, Crewdogs Pay acts as the Payment Service Provider for the limited purpose of transacting payments from you on behalf of the Host(s). Upon a Guest’s payment of the funds to Crewdogs, and subsequent payout to the Host and appropriate service fee, the Guest’s payment obligation to the Host(s) for the agreed upon amount is extinguished. In the event that the Guest does not fulfill its obligation, the Host(s) will have recourse only against the Guest and not Crewdogs Pay directly.
5.2 Payments. If Crewdogs has reason to believe that you as a Host participated in fraudulent activity, such as an overpayment scam, booking fraud or other fraud, and Crewdogs Payments released the payout for such stay, Crewdogs Pay may recoup from you such amount by reducing, setting off or debiting the amount from any future Payouts owed to you.
In addition to any amount due as outlined above, if there are delinquent amounts or chargebacks associated with your Payment Method, you may be charged fees that are incidental to Crewdogs Pay collection of these delinquent amounts and chargebacks. Such fees or charges may include collection fees, convenience fees or other third-party charges.
5.1 By electronically agreeing to this Agreement, you consent and agree to proceed with the review and execution of all account agreements, statements, and documents relating to the Payment Services in electronic format. This includes the use of electronic communications, electronic disclosures, electronic statements, electronic contracts, and electronic signatures (including "checkbox" style acknowledgements).
5.2 If you do not agree to proceed with: (a) the signing of agreements electronically, (b) the review of disclosures and statements in electronic format, and (c) the receipt of electronic communications from Crewdogs with respect to the Payment Services, you may not use Crewdogs Pay. If you want to utilize Crewdogs Pay and the Payment Services, you must consent to this provision and you hereby do agree to this requirement by using the Payment Services (including setting up an account). Your consent will apply to all your Crewdogs agreements, applications and all other transactions with us. Your consent permits the general use of electronic records and electronic signatures in connection with all your transactions with us.
6.1 You acknowledge that Crewdogs partners with Stripe for the administration of the Payment Services. Only the Account information provided by you to Crewdogs that is required to create your Connected Account will be automatically shared with Stripe. By providing your account information to Crewdogs, you consent to Crewdogs automatically sharing said account information with Stripe, but only that is absolutely necessary to administer Payment Services, no other data is shared outside of Crewdogs.
6.2 To use the Payment Services you must open a Stripe account using Stripe technology integrations offered via the Crewdogs platform and you must onboard with Stripe to connect with Crewdogs Pay. This account is referred to herein as a “Stripe Connected Account” or a “Connected Account”. The registration process for the Connected Account will require you to submit your name, address, and other personal and/or business information. You must provide accurate and complete information in response to our questions. You must also keep the information that you provide us, up to date. Failure to provide accurate and complete information, or failure to comply with the account registration requirements, may result in a suspension or termination of your Connected Account.
6.3 Your Connected Account is also subject to any terms, conditions and policies required by Stripe from time to time, including without limitation Stripe’s Connected Account Agreement located at https://stripe.com/legal/connect-account (the “Connected Account Agreement”). By establishing a Connected Account and using the Payment Services, you agree to be bound by and comply with the terms and conditions of the Connected Account Agreement (and any other applicable Stripe policies or agreements) in all respects. Stripe may decline to create a Stripe Connected Account or limit the functionality available to a Stripe Connected Account until Stripe is satisfied that it has received sufficient information about you and/or the Stripe Connected Account. Stripe is solely responsible for deciding whether to provide its Platform Services (as defined in the Connected Account Agreement) to any Host.6.3 Your Connected Account is also subject to any terms, conditions and policies required by Stripe from time to time, including without limitation Stripe’s Connected Account Agreement located at https://stripe.com/legal/connect-account (the “Connected Account Agreement”). By establishing a Connected Account and using the Payment Services, you agree to be bound by and comply with the terms and conditions of the Connected Account Agreement (and any other applicable Stripe policies or agreements) in all respects. Stripe may decline to create a Stripe Connected Account or limit the functionality available to a Stripe Connected Account until Stripe is satisfied that it has received sufficient information about you and/or the Stripe Connected Account. Stripe is solely responsible for deciding whether to provide its Platform Services (as defined in the Connected Account Agreement) to any Host.
6.4 At any time during the term of this Agreement and your use of the Payment Services, we may require additional information from you to verify beneficial ownership or control of your business, validate information you provided, verify you or your representative’s identity, and assess your financial condition and the risk associated with your business. This additional information may include business invoices, copies of government-issued identification, business licenses, or other information related to your business, its beneficial owners or principals.
7. Representations and Warranties. By creating a Connected Account, you confirm that: (a) you are at least eighteen (18) years of age; (b) you are eligible to register and use the Payment Services and have the right, power, and ability to enter into and perform under this Agreement; (c) the name identified by you when you registered is your personal name and/or business name under which you offer Host services; (d) you and all transactions initiated by you will comply with all federal, state, and local laws, rules, and regulations applicable to you and/or your business and employees, including any applicable tax, wage and hour, and tip laws and regulations; (e) you will not use the Payment Services, directly or indirectly, for any fraudulent undertaking or in any manner so as to interfere with the operation of the Payment Services; (f) your use of the Payment Services will be in compliance with this Agreement.
8. Data Usage. You agree that Crewdogs shall have the right to verify information about you, your transactions to include charge and refund history, and also including verification with Stripe and third-party service providers in order for us to provide the Payment Services through the use of the data you provide
9. Card Organization Rules. The Payment Services allow you to accept payments initiated with Cards and Banks. You agree to comply with all Card and Bank Organization Rules, as such may be changed from time to time. You understand that we may modify this Agreement from time to time in order to comply with the Card
Organization Rules. Significant portions of the Card Organization Rules are available to the public at:
- http://usa.visa.com/merchants/operations/op_regulations.html and;
- https://www.mastercard.us/content/dam/public/mastercardcom/na/global-site/documents/mastercard-rules.pdf.
Your use of Card Organization logos is governed by the Card Organization Rules; you agree to familiarize yourself with and to comply with these requirements.
10. Our Fees. The fees and charges associated with Crewdogs Pay and the Payment Services are listed on our Fee Schedule found in our Service Fees Policy, and you agree to pay all fees and charges arising from your use of Crewdogs Pay and the Payment Services. Please note that our Fee Schedule may be amended from time to time and we recommend that you periodically review the Fee Schedule so that you are aware of any pricing changes. Any changes to the Fee Schedule shall take effect 30 days following the posting of such changes. By continuing to use Crewdogs Pay and the Payment Services after any changes or modifications are made to the Fee Schedule, you are deemed to have automatically accepted the updated Fee Schedule.
11. Prohibited Transactions. You agree that you are not associated with the businesses and business practices for which Crewdogs Pay and the Payment Services cannot be used, and/or which are identified on the Stripe Restricted Businesses List located at https://stripe.com/restricted-businesses.
12.1. You authorize Crewdogs to cause Crewdogs service providers to electronically debit or credit your Connected Account and any other bank account via ACH and for Crewdogs to keep records of the transactions.
12.2. You acknowledge that the electronic authorization contained in this Section represents your written authorization for ACH transactions as provided herein and will remain in full force and effect until you notify Crewdogs that you wish to revoke this authorization by emailing support@crewdogs.com. You must notify Crewdogs at least three business days before the scheduled debit date of any ACH transaction from your account in order to cancel this authorization. If we do not receive notice at least three business days before the scheduled debit date, we may attempt, in our sole discretion, to cancel the debit transaction. However, we assume no responsibility for our failure to do so. If you withdraw your electronic authorization contained in this Section, we may close your Connected Account and/or your Crewdogs Account.
12.3. You authorize Crewdogs and/or Stripe to act as your agent to hold, receive, and disburse funds on your behalf in connection with Crewdogs Pay and the Payment Services. Your authorization permits us to generate a paper draft or an electronic funds transfer to process each payment transaction that you authorize. You agree that our receipt of transaction proceeds satisfies the Guest’s obligation to you. We will disburse to you funds actually received by us on your behalf, less amounts owed to us, subject to any Chargeback or Reserve withheld or applied in accordance with this Agreement.
12.4. If Crewdogs has reason to believe that you as a Host participated in fraudulent activity, such as an overpayment scam, booking fraud or other fraud, and Crewdogs Payments released the payout for such stay, Crewdogs Payments may recoup from you such amount by reducing, setting off or debiting the amount from any future Payouts owed to you.
12.5. In addition to any amount due as outlined above, if there are delinquent amounts or chargebacks associated with your Payment Method, you may be charged fees that are incidental to Crewdogs Payments collection of these delinquent amounts and chargebacks. Such fees or charges may include collection fees, convenience fees or other third-party charges.
13. Availability of Funds. Should Crewdogs need to conduct an investigation or resolve any pending dispute related to your Connected Account, we may defer payout or restrict access to your funds for the entire time it takes for us to do so. We also may defer payout or restrict access to your funds as necessary to comply with applicable law or court order, or if otherwise requested by law enforcement or governmental entity, or if required or requested by Stripe.
14. Your Liability and Obligations for Chargebacks. A transaction may be reversed or charged back to your Connected Account (a “Chargeback”) if the transaction (a) is disputed, (b) is reversed for any reason by the Card Organization, Stripe, a Guest or other financial institution or service provider, (c) was not authorized or we have any reason to believe that the transaction was not authorized, or (d) is allegedly unlawful, suspicious, or in violation of the terms of this Agreement. You are responsible for the amount of any Chargeback. If requested, you agree to assist us, at your expense, in the investigation of your transactions processed through the Payment Services. Your failure to assist us in a timely manner, including providing any necessary documentation within seventy-two (72) hours of our request, may result in an irreversible Chargeback. Please note that Crewdogs reserves the right in its sole discretion to deem a Chargeback as correct or valid, resulting in an acceptance of the disputed transaction. We reserve the right to charge a fee (a “Chargeback Fee”), upon notice to you, for investigating Chargeback disputes. Said Chargeback Fee as well as any fees associated with any transaction in relation to a Chargeback will not be refunded. This applies when the Chargeback is found to be valid as well as when it is reversed.
15.1 Chargeback. If a Chargeback occurs, we may withhold the Chargeback amount in a Reserve. We may debit the amount of any Chargeback and any associated Fees, fines, or penalties listed in the Fee Schedule or assessed by the Card Organization, Stripe or Connected Account from any proceeds due to you, your Connected Account, or other bank account or payment instrument registered with us.
15.2 Delayed Payouts. If you have pending Chargebacks, we may delay payouts from your Connected Account. Further, if we reasonably believe that a Chargeback is likely with respect to any transaction, we may withhold the amount of the potential Chargeback from payments otherwise due to you under this Agreement until such time that: (a) a Chargeback is assessed due to a Guest’s complaint, in which case we will retain the funds; (b) the period of time under applicable law or regulation by which the Guest may dispute that the transaction has expired; or (c) we determine that a Chargeback on the transaction will not occur. If we are unable to recover funds related to a Chargeback for which you are liable, you will pay us the full amount of the Chargeback immediately upon demand.
15.3 Additional costs and expenses. You agree to pay all costs and expenses, including without limitation attorneys’ fees and other legal expenses, incurred by or on behalf of us in connection with the collection of all Connected Account deficit balances unpaid by you.
16. Excessive Chargebacks. If we determine that you are incurring an excessive amount of Chargebacks, we may place conditions on the use of your Connected Account. These conditions may include, without limitation, (a) establishing new processing fees, (b) creating a Reserve in an amount reasonably determined by us to cover anticipated Chargebacks and related fees, (c) delaying payouts, or (d) terminating or suspending the Payment Services and/or your Crewdogs listings and your ability to host on the Platform.
17. Contesting Chargebacks. You agree to assist us when requested, at your expense, to investigate any of your transactions processed through the Payment Services. To that end, you permit us to share information about a Chargeback with the Guest, the Guest’s financial institution, Stripe, and your financial institution in order to investigate and/or mediate a Chargeback. We will request necessary information from you to contest the Chargeback. If the Chargeback is contested successfully, we will release the reserved funds to your Connected Account. If a Chargeback dispute is not resolved in your favor by the Card Organization or issuing bank or you choose not to contest the Chargeback, we may recover the Chargeback amount and any associated fees as described in this Agreement. You acknowledge that your failure to assist us in a timely manner when investigating a transaction, including providing necessary documentation and information within seventy-two (72) hours of our request, may result in an irreversible Chargeback. We reserve the right, upon notice to you, to charge a fee for mediating and/or investigating Chargeback disputes.
18.1 If you are responsible for Damage Claim amounts, pursuant to Section 15 of the Terms, the Host, via Crewdogs Pay may, with your and Crewdogs final determination and prior authorization, charge the Payment Method used to make the booking or any other payment method on file in your Crewdogs account at the time of the Damage Claim in order to collect Damage Claim amounts not covered by the appropriate fees.
18.2 You agree that the Host may seek to recover from you under any insurance policies you maintain and that the Host may also pursue against you any remedies it may have available, including, but not limited to, referral to a collections agency, or pursuit of causes of action or claims against you, including in relation to a Damage Claim, or payment requests made by Hosts.
19.1 You are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Payment Services. In connection with your use of the Payment Services, you may not and you agree that you will not and will not assist or enable others to:
20. Connected Account History. When a payment is made to your Connected Account, we will update your Hosting Transaction History on the Platform and provide you a transaction confirmation via email, push notification, and in-app notifications. As part of the Payment Services design architecture with Stripe, you will not have access to a Stripe hosted dashboard. Summaries of your Connected Account activity are available in-app from the Hosting Transactions History page, or can be requested via email at support@crewdogs.com. Except as required by law, you are solely responsible for (a) compiling and retaining permanent records of all transactions and other data associated with your Connected Account and your use of the Payment Services, and (b) reconciling all transactional information that is associated with your Connected Account. If you believe that there is an error or unauthorized transaction activity has occurred in connection with your Connected Account, you agree to contact us immediately. Your failure to notify us in writing of any potential error(s) within thirty days of when it first appears on your electronic transaction history will be deemed a waiver of any right to amounts owed to you.
21.1 To the extent allowed by applicable law, you grant us a security interest in, as well as a right of setoff against, all of your accounts with us, including any reserve, future earnings and any funds processed through the Payment Services, that may now or hereafter be in your possession and would otherwise be payable to you pursuant to the terms of this Agreement. You authorize us, without prior notice or demand, to recoup, collect, charge, and/or setoff all sums owing on the indebtedness against any and all such accounts and other obligations, and to defer payout or restrict access to funds to allow us to protect our security interest, and collection, charge and setoff rights as provided for in this section, whether the obligation is liquidated, unliquidated, fixed, contingent, matured or unmatured.
21.2. If you owe us an amount that exceeds the balance in your Connected Account, we may charge or debit a bank account, credit card or other payment instrument registered to your Crewdogs Account.
22.1. At any time and from time to time, we may temporarily suspend or delay payments to you and/or designate an amount of funds that you must maintain in your Connected Account or in a separate reserve account (a “Reserve”) to secure the performance of your payment obligations under this Agreement. We may require a Reserve for any reason, including if you have a high rate of Chargebacks, refunds, or other indications of performance problems related to or impacting your use of the Payment Services. The Reserve may be raised, reduced or removed at any time by Crewdogs, in its sole discretion.
22.2. If you do not have sufficient funds in your Reserve, we may fund the Reserve from any funding source associated with your Crewdogs Account, including but not limited to any funds (a) deposited by you, (b) due to you under this Agreement, or (c) available in your bank account, or other payment instrument registered with us. You grant us a security interest in and lien on any and all funds held in any Reserve, and also authorize us to make any withdrawals or debits from the Reserve, without prior notice to you, to collect amounts that you owe us under this Agreement, including without limitation for any reversals of deposits or transfers made to your Crewdogs Account. You will execute any additional documentation required for us to protect our security interest in any funds in the Reserve. This security interest survives for as long as we hold funds in your Reserve.
23. Restricted, Unauthorized or Illegal Use. We reserve the right to refuse, and not to authorize or settle, any transaction that you submit if we believe it is in violation of this Agreement, fraudulent, illegal, or otherwise likely to cause harm to Stripe, Crewdogs, its third-party providers, or Guests. If we reasonably suspect that your Connected Account has been used for an unauthorized, illegal, or criminal purpose, you give us express authorization to share information about you, your Crewdogs Account, and any of your transactions with law enforcement.
24. Customer Service. You will adhere to all customer service policies from time to time made available by Crewdogs. However, you along with Crewdogs support are responsible for all customer issues relating to your Hosting Services, including pricing, refunds, cancellations, hospitality services, Guest support, and feedback concerning experiences with your personnel, policies or processes. In performing customer service, you will always present yourself as a separate entity from us. As between you and us, we are solely responsible for customer service issues relating to any Crewdogs Account, technical issues with the Platform, payment, Card processing, debiting or crediting.
25.1 By accepting payment Card or Bank transactions with a Crewdogs Account, you agree to provide refunds and adjustments for, your Host Services through your Connected Account in accordance with this Agreement, listing Cancellation Policies, Card Organization Rules, and Stripe and Crewdogs policies. Card Organization Rules require that you will (a) maintain a fair cancellation or adjustment policy in accordance with your respective Listing Cancellation Policy; (b) and disclose your cancellation policy to Guests at the time of booking via your listing.
25.2 The amount of the refund/adjustment must include any associated taxes required to be refunded and cannot exceed the amount shown as the total on the original booking price minus the reduced processing fees for refunds. Please be aware, if you refuse refund or the amount is not in accordance with Listing Cancellation Policy, Crewdogs reserves the right to charge Connected Account in order to disburse funds. Crewdogs will provide at a minimum a 24 hour notice before any charges are applied to your account.
26. Taxes. You are solely responsible for determining any and all taxes assessed, incurred, or required to be collected, paid, or withheld for any reason in connection with your transactions involving Guests and/or your use of the Payment Services (“Taxes”). You also are solely responsible for collecting, withholding, reporting, and remitting correct Taxes to the appropriate tax authority. We are not obligated to, nor will we determine whether Taxes apply, or calculate, collect, report, or remit any Taxes to any tax authority arising from any transaction. Crewdogs specifically disclaims any liability for Taxes.
27.1. We respect your privacy and will handle and process your personal information in accordance with our Privacy Policy governing your access to and use of the Crewdogs platform, including the Payment Services. Please see Section 21 of our Terms of Use for more information regarding our Data Processing Addendums and privacy practices in connection with the Crewdogs platform and the Payment Services. You agree that you have read, understood and accepted Crewdogs’s applicable Data Privacy Addendum governing your account, which is incorporated herein by reference.
27.2. Any personal information you receive about Guests or other third parties through use of the Payment Services must be kept confidential and can only be used in connection with the Payment Services or Host Services. You may not disclose, use, or distribute such personal information for any other reason without the express consent of the Buyer or other third party.
28.1. You represent to us that you do not have access to Card information (such as the cardholder’s account number, expiration date, and CVV2). In the event that you receive such Card information in connection with the processing services provided under this Agreement, you agree that you will not use it for any fraudulent purpose or in violation of any Card Organization Rules, including but not limited to Payment Card Industry Data Security Standards (“PCI DSS”) or applicable law. If at any time you believe that Card information has been compromised, you must notify us promptly and assist in providing notification to the proper parties. You must ensure your compliance and that of any third party service provider utilized by you, with all security standards and guidelines that are applicable to you and published from time to time by Stripe, Visa, MasterCard or any other Card Organization, including, without limitation, the Visa U.S.A. Cardholder Information Security Program (“CISP”), the MasterCard Site Data Protection (“SDP”), and (where applicable), the PCI Security Standards Council, Visa, and MasterCard PA-DSS (“Payment Application Data Security Standards”) (collectively, the “Security Guidelines”). If any Card Organization requires an audit of you due to a data security compromise event or suspected event, you agree to cooperate with such audit. You may not use any Card information other than for the sole purpose of completing the transaction authorized by the customer for which the information was provided to you, or as specifically allowed by Card Organization Rules, Operating Procedures or required by law. The following links provide more information on PCI DSS and CISP compliance: https://www.pcisecuritystandards.org and http://www.visa.com/cisp.
28.2 We have implemented technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
29.1. Your right to access and use the Payment Services will begin when you register your Stripe Connected Account with Crewdogs and will end when terminated by you, Crewdogs or by Stripe, as described in this Agreement, the Connected Account Agreement, and/or the Terms. You may terminate your Connected Account at any time by providing notice to Crewdogs and immediately ceasing your use of Payment Services. However, if you commence using Payment Services again, you are consenting to this Agreement. Stripe and/or Crewdogs may terminate your Connected Account and your right to access and use the Payment Services (a) where you are in breach of the Connected Account Agreement or this Agreement and fail to cure the breach upon 30 days’ notice by Stripe and/or Crewdogs (such notice and cure period only being required if curing the breach is feasible); or (b) upon 120 days’ notice for any reason. We may terminate this Agreement, and Stripe may also terminate your Connected Account Agreement, immediately if you are the subject of any voluntary or involuntary bankruptcy or insolvency petition or proceeding, or if we or Stripe determines that you are engaged in activity that fails to comply with applicable law or causes a significant risk of reputational harm to us, the Crewdogs platform, and/or Stripe.
29.2. All provisions hereof giving rise to continuing obligations will survive termination of this Agreement.
30. Dormant Connected Accounts. If there is no activity in your Connected Account (including access or payment transactions) for at least one year, consecutively, and you have a monetary balance (“Balance”) in your Connected Account, we will use reasonable efforts to notify you by sending an email to the email address associated with your Connected Account and give you the option of keeping your Connected Account open and maintaining the Balance, withdrawing the Balance, or requesting a check. If you do not respond to our notice within thirty days, we will automatically close your Connected Account and escheat your funds in accordance with applicable law, and if permitted, to Crewdogs.
31. Indemnity. You agree to indemnify, defend, and hold Crewdogs and its licensees, licensors, and third party service providers (and our respective employees, directors, agents, affiliates and representatives) harmless from and against any and all losses, liabilities, damages, claims, costs, losses, judgments, tax assessments, penalties, interest, and expenses (including without limitation reasonable attorneys’ fees) (a) resulting from any breach of any warranty, covenant or agreement or any misrepresentation by you under this Agreement, your Connected Account Agreement, the Terms, any Crewdogs or Stripe policies or guidelines , or the Card Organization Rules; (b) arising out of your or your employees’ or your agents’ negligence or willful misconduct in connection with any transaction submitted through the Payment Services; (c) arising out of your use of the Payment Services; (d) arising out of your interactions with your Guests or any of your Offerings (as defined in the Terms); or (e) arising out of any third party indemnifications we are obligated to make or provide as a result of your actions (including indemnification of any third party service provider).
THE PAYMENT SERVICES AND CREWDOGS PAY ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE PAYMENT SERVICES AND CREWDOGS PAY ARE AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PAYMENT SERVICES AND CREWDOGS PAY ARE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, CREWDOGS AND ITS PROCESSORS, SERVICE PROVIDERS, SUPPLIERS AND LICENSORS DO NOT WARRANT THAT THE PAYMENT SERVICES OR CREWDOGS PAY IS ACCURATE, RELIABLE OR CORRECT; THAT THE PAYMENT SERVICES AND CREWDOGS PAY WILL MEET YOUR REQUIREMENTS; THAT THE PAYMENT SERVICES AND/OR CREWDOGS PAY WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE PAYMENT SERVICES AND CREWDOGS PAY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY TRANSACTIONS CONDUCTED VIA THE PAYMENT SERVICES AND CREWDOGS PAY ARE CONDUCTED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE PAYMENT SERVICES AND CREWDOGS PAY. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR STRIPE OR ANY CARD ORGANIZATION
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CREWDOGS, ITS PROCESSORS, SERVICE PROVIDERS, SUPPLIERS, AND LICENSORS (AND EACH OF THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, OR EMPLOYEES) (INCLUDING, WITHOUT LIMITATION, STRIPE) SHALL NOT BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, LOSS OF CONFIDENTIAL INFORMATION, LOSS OF SOURCE MEDIA AND/OR CONTENT, OR COSTS OF RECREATING LOST SOURCE MEDIA AND/OR CONTENT) OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO THIS AGREEMENT AND/OR YOUR ACCESS TO AND USE OF THE PAYMENT SERVICES AND CREWDOGS PAY, WHETHER UNDER THEORY OF CONTRACT, TORT OR OTHERWISE, AND WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES WILL CREWDOGS BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM (I) HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE PAYMENT SERVICES OR YOUR CONNECTED ACCOUNT, OR THE INFORMATION CONTAINED THEREIN; (II) ERRORS, MISTAKES, OR INACCURACIES OF THE PAYMENT SERVICES OR CREWDOGS PAY; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE PAYMENT SERVICES OR CREWDOGS PAY; (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PAYMENT SERVICES OR CREWDOGS PAY; (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE PAYMENT SERVICES OR CREWDOGS PAY BY ANY THIRD PARTY; AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR DATA OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT OR DATA POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE PAYMENT SERVICES OR CREWDOGS PAY. THE TOTAL AGGREGATE AND CUMULATIVE LIABILITY OF CREWDOGS ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE THE AMOUNT OF FEES EARNED BY CREWDOGS IN CONNECTION WITH YOUR USE OF THE PAYMENT SERVICES AND CREWDOGS PAY DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF CREWDOGS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
34. Dispute Time Limit. The timeline for disputes hereunder, unless otherwise required by applicable law, must be commenced within one year after the cause of action accrues.
35. Force Majeure. No party shall be liable for any default or delay in the performance of its obligations under this Agreement if and to the extent such default or delay is caused directly or indirectly by a force majeure event. In any such event, the non-performing party shall be excused from any further performance and observance of the obligations so affected only for as long as such circumstances prevail and such party continues to use commercially reasonable efforts to recommence performance or observance as soon as practicable.
36. Governing Law. This Agreement shall be governed by Georgia law, without regard to its choice of law or conflicts of law.
37. Disputes and Arbitration. Any disputes arising hereunder shall be resolved via the dispute resolution process set forth in Section 23 of the Terms, which, among other things, requires the resolution of disputes via arbitration.
38. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter thereof and supersedes any previous agreements and understandings. In the event of a conflict between this Agreement and any other Crewdogs agreement or policy, this Agreement shall prevail on the subject matter of this Agreement.
39. Right to Amend. Crewdogs reserves the right to amend this Agreement at any time, and to change, delete, discontinue, or impose conditions on any feature or aspect of the Payment Services, with notice that we deem, in our sole discretion, to be reasonable according to the circumstances. Notice may include notice on our website at Crewdogs.com. Any use of our Services after publication of any such change shall constitute your acceptance of this Agreement as modified.
40.1. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Crewdogs without restriction.
40.2. Jury Trial Waiver. You and Crewdogs Pay acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.
40.3. No Class Actions or Representative Proceedings. You and Crewdogs Pay acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative or consolidated proceeding. Unless we agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If there is a final judicial determination that applicable law precludes enforcement of the waiver contained in this paragraph as to any claim, cause of action or requested remedy, then that claim, cause of action or requested remedy, and only that claim, cause of action or requested remedy, will be severed from this agreement to arbitrate and will be brought in a court of competent jurisdiction. In the event that a claim, cause of action or requested remedy is severed pursuant to this paragraph, then you and we agree that the claims, causes of action or requested remedies that are not subject to arbitration will be stayed until all arbitrable claims, causes of action and requested remedies are resolved by the arbitrator.
41.1. The parties intend every provision of this Agreement to be severable. If any part of this Agreement is not enforceable, the remaining provisions shall remain valid and enforceable. In such case, the parties will in good faith modify or substitute a provision consistent with their original intent. If any remedy fails of its essential purpose, then all other provisions, including the limitations on liability and exclusion of damages, will remain fully effective.
41.2. This Agreement and the Terms are meant to be complimentary. In the event of a conflict between this Agreement and the Terms that cannot be read in a consistent or additive manner, this Agreement shall prevail with respect to terms involving Crewdogs Pay, and the Terms shall prevail in all other respects. In the event of conflict between any other Crewdogs agreement or policy, this Agreement shall prevail unless the agreement or policy expressly states to the contrary. The term “including” shall mean “including, without limitation,” in all instances in this Agreement unless the context clearly requires otherwise.
In addition to any provision that is reasonably necessary to accomplish or enforce the purpose of this Agreement, the following sections of this Agreement survive and remain in effect in accordance with their terms upon the termination of this Agreement: 4, 5, 8, 9, 10-18, and 20-37.
BY USING THE PAYMENT SERVICES AND/OR ACCEPTING THIS AGREEMENT (OR OTHERWISE BEING BOUND AS DESCRIBED ABOVE), YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, PLEASE CEASE ALL FURTHER USE OF THE PAYMENT SERVICES.
You may contact Crewdogs regarding the Payment Services using the information below:
Crewdogs, LLC
1671 Belle Isle STE 110
Mount Pleasant, SC 29464 United States of America
support@crewdogs.com
