Online Payment Model Agreement

This Online Payment Agreement (this "Agreement") represents a legal agreement between you – either an individual or a single legal entity ("You," "you," or "Vendor") – and FishingBooker, Inc. – with its Registered Office address at 101 West Main Street, Suite 101, Norfolk, 23510 Virginia – and its affiliates and subsidiaries (collectively, "we," "us," or "Assignee"), which operates the FishingBooker ("FishingBooker") online services, available on the Website. You and FishingBooker are each a "Party" and collectively "Parties".

Please read this Agreement carefully. You must agree to this Agreement before using the FishingBooker Online Payment Model.

IF YOU DO NOT AGREE WITH THIS AGREEMENT OR DO NOT HAVE THE AUTHORITY TO AGREE WITH IT, YOU MUST NOT USE THE FISHINGBOOKER ONLINE PAYMENT MODEL

Definitions

  • By "Vendor/You," we mean the person, agency, or company responsible for delivering and managing fishing trip services rendered through FishingBooker.com;
  • By "Customer," we mean the person, agency, or company paying for services delivered by the Vendor through FishingBooker.com;
  • By "Stripe" we mean the company known as Stripe, Inc., that provides payment services and solutions with whom FishingBooker is in a contractual relationship;
  • By "Stripe Connect," we mean a product for integrating payments into the marketplace;
  • By "Connected account," we mean an account created on Stripe Connect that allows FishingBooker & Vendors to use the Online Payment Model;
  • By "Account capabilities," we mean the attributes and abilities of your Connected account offered and supported by Stripe. Account capabilities define your payment methods, reporting, transfering, and other options your Connected account will be able to support;
  • By "Online Payment Model," we mean a business model where the Customer has the option to pay the full amount for the trip immediately when booking a trip. Through the Online Payment Model, the total trip price acts, at the same time, as a security deposit settled with FishingBooker, on the Vendor's behalf before the trip.

Applicable Terms

This Agreement is part of FishingBooker's Terms of Use, making it an integral part of and regulating your usage of the FishingBooker Online Payment Model. To use and maintain the FishingBooker Online Payment Model, You must be an active FishingBooker Vendor and, by using fishingbooker.com and its proprietary platform, mobile applications, software, content, and information, You agree to be bound by this Agreement and FishingBooker's Terms of Use,

To activate the Online Payment Model, You must create a Stripe Connected account. By doing so, You further agree to and accept to be bound by the Stripe Connected Account Agreement.

This Agreement governs your usage of the Online Payment Model concerning FishingBooker's services and your obligations to establish Stripe as a payment service provider, and create, use, and maintain the Connected (Stripe) Accounts. The Stripe Connected Account Agreement is incorporated into this Online Payment Agreement by these and further references in this agreement.

Online Payment Model

The Online Payment Model allows You to receive full payments for bookings through FishingBooker. In order to be eligible to activate the Online Payment Model, You must fulfill the requirements imposed by FishingBooker, including but not limited to being USA-based, respecting FishingBooker's Terms of Use, and having and maintaining a positive track record with FishingBooker.

You agree that FishingBooker acts as your limited payment collection agent and facilitates payment on your behalf through the FishingBooker platform using Stripe as a payment service provider. Any payments made by Customers through the FishingBooker platform will be considered the same as though the payments were made directly to You. While acting as your limited payment collection agent, FishingBooker denies any other agency or authority to act on your behalf, and assumes no liability or responsibility for any acts or omissions made by You, either within or outside the FishingBooker platform.

Payment Service Provider

Payment processing services for Vendors on FishingBooker are provided by Stripe and are subject to Stripe's Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the "Stripe Services Agreement").

By agreeing to this Agreement or continuing to operate as a Vendor on FishingBooker and use Online Payment Model, You agree to be bound by the Stripe Services Agreement. Stripe may modify the Agreement from time to time.

As a condition for FishingBooker to enable the Online Payment Model and full payment processing services through Stripe, you agree to provide FishingBooker with accurate and complete information about You and your business, and You authorize FishingBooker to share the transaction information related to your use of the payment processing services provided by Stripe.

Connected Account Creation

You acknowledge that, as a requirement to use the Online Payment Model, you must create and maintain a Stripe Connected Account.

By accepting this Agreement and activating the Online Payment Model, You agree and authorize FishingBooker to open a Stripe Connected Account in your name.

Connected Account Verification

You agree to provide FishingBooker with the information and documents required by Stripe to complete Stripe’s verification requirements and open a Connected Account.

Stripe verification requirements include but are not limited to account information verification, identity information verification, and business information verification.

If any of the information required to open and maintain a Connected Account changes, You must inform FishingBooker in writing without delay and must immediately provide the necessary verification documentation supporting the occurred change(s) to ensure the continuity of your Connected Account.

If You don't inform or provide FishingBooker with the required information and documents, your Connected Account may be put on hold until the verification process is complete and, therefore, any transactions may be placed on hold until the Connected Account is reactivated.

Connected Account Capabilities

FishingBooker, at its sole discretion, has preselected Connected Account Capabilities for each Connected Account created, including your account. Selected Connected Account Capabilities are strictly related to the usage of the FishingBooker platform and FishingBooker’s ability to use and support the Connected Account Capabilities in question.

Once selected, Connected Account Capabilities can change and differ based on FishingBooker's capacities and needs. If Connected Account Capabilities change, You must provide additional verified information and supporting documentation to activate the new Connected Account Capabilities.

Fees

You acknowledge and accept that using the Online Payment Model and processing full payments is subject to additional processing fees that are not part of the FishingBooker commission and Standard Payment Model.

Current applicable fees are 2.65% of each transaction and a fixed $0.30 per transaction.

Any processing fees will be deducted from your balance, and the remaining amount will be transferred to you in the event of a successful trip where no disputes related to the trip in question are raised.

FishingBooker reserves the right to amend the agreed processing fees, about which the Vendor will be notified within 30 days. If the Vendor continues to use the Online Payment option after the expiration of the notice, it means that the Vendor accepts the new terms.

Cancellations, Refunds, & Chargebacks

You acknowledge that all rules regarding cancellation, refunds, and chargebacks set by FishingBooker's Payment and Pricing Terms and Vendor Specific Terms apply.

If FishingBooker experiences any loss regarding chargebacks and refunds that You were obliged to settle, You will be obliged to refund FishingBooker without delay.

Compliance

Vendors are solely responsible for compliance with any laws, rules, regulations, and tax obligations that may apply to them.