CASH CHAT PAYMENT TERMS
Last Revised: July 23, 2023
1.1 These Cash Chat Payment Terms (these “Payment Terms”) govern your payments to us in connection with your use of the Commercial Products.
1.2 These Payment Terms form part of the Commercial Terms. They apply in addition to the Commercial Terms and any other applicable Supplemental Terms. To the extent any specific provision of these Payment Terms conflicts with the Commercial Terms, the specific provision of these Payment Terms shall prevail.
1.3 Capitalized terms have the meaning given in the Commercial Terms or any other applicable Supplemental Terms unless otherwise defined within these Payment Terms.
2.1 You agree to pay for Ad Services that you place, or that you direct us or third-party partners to place, along with any applicable taxes, fees, or charges (“Ad Transactions”).
2.2 You are solely responsible for all Ad Transactions, including the amounts billed to or incurred on your Commercial Account and by your Permitted Users.
2.3 All metric-based billing will be based on CashChat’s measurements and/or data.
2.4 The Business Help Center further outlines the terms and guidelines related to placing Ad Services, including jurisdiction specific tax obligations and our cancellation policies.
3.1 Ad Transactions are exclusive of VAT (or any similar taxes). If your Ad Services are subject to taxes , such taxes will be billed to you and you agree to bear such taxes.
3.2 Unless otherwise specified in writing by CashChat, if you are required to withhold or deduct any taxes, you will: (a) pay to CashChat any additional amount necessary so that CashChat receives a net amount equal to the Ad Transactions set forth in the applicable invoice; and (b) send to TikTok on a timely basis and as CashChat otherwise reasonably requests all official tax receipts or other documentation required by applicable law proving that you and advertiser complied with the requirement to withhold or deduct those taxes.
3.3 To the extent applicable and if CashChat requests, you will provide a valid VAT identification number or other tax identification number.
3.4 If you are using the Commercial Products on behalf of an advertiser, you will ensure that the advertiser complies with all of the foregoing.
4 Billing Options
4.1 The billing options we may make available vary from time to time and depend on the Commercial Product and the type of Commercial Account you hold. Some options include:
(a) Prepay: You add a balance to your Commercial Account and your Ad Transactions will be deducted against this.
(b) Autopayment: The payment credentials you have on file in your Commercial Account will be automatically charged on the designated billing date or when you reach the billing threshold amount, whichever comes first.
(c) Monthly Invoicing: You receive an invoice each month, due within 30 calendar days from the invoice date unless otherwise agreed between us.
4.2 In connection with these billing options :
(a) You agree that we may make any enquiries, either directly or through third parties, concerning your identity and creditworthiness.
(b) You agree to provide valid payment methods for all Ad Transactions and confirm that you are authorized to use those payment methods.
(c) You authorize us (and our designated payment processor(s)) to charge the full amount for the Ad Transactions to the payment method that you designate.
(e) If there is a billing threshold tied to your payment method, you may receive multiple charges or multiple invoices in a given month.
(f) We may allow you to designate a different legal entity as the bill-to party to make payments on your behalf. If approved by us, the bill-to party will be deemed a Permitted User.
(g) The Business Help Center further outlines the terms and guidelines related to these billing options and payment methods.
5.1 In accordance with Section 2.1, where you are acting as agent or principal for an advertiser, you agree to pay for all Ad Transactions.
5.2 When acting as an agent on behalf of an advertiser, we may request that you provide written confirmation of such and/or evidence of the advertiser’s consent.
5.3 If CashChat authorizes sequential liability between you and an advertiser, we agree to hold you liable for payments only to the extent that you have received the proceeds from that advertiser for the Ad Transactions you make on their behalf.
You agree to the following:
(a) You will provide the written confirmation under Section 5.2 and any additional documentation reasonably requested;
(b) your credit is established on a per advertiser basis;
(c) you will make every reasonable effort to collect and clear payment from each advertiser on a timely basis; and
(d) if the advertiser fails to pay you or CashChat in a timely manner, you will reasonably assist us in collecting any unpaid amounts.
Failure to comply with Section 5.3 means sequential liability will not apply.
5.4 Depending on your location, we may be authorized or required by applicable laws to hold the advertiser additionally or solely liable and/or to charge, invoice, or provide related information concerning the Ad Transactions directly to the advertiser even if you are the contracting entity under these Commercial Terms. To this end, you agree to provide us with any information we request pertaining to the relevant advertiser.
6 Additional Terms
6.1 Rates, prices, discounts, promotional codes, and other incentives may change from time to time and are provided at our sole discretion.
6.2 In the event of non-payment by the due date, CashChat has the right, at its sole discretion, to suspend or cancel any Ad Services.
6.3 We may charge you the fees or interests charged by banks or its payment processors that it incurs for processing transactions or any failure of payments.
6.4 If your payment method fails or an invoice becomes past due, we may take additional steps to collect past due amounts. You will pay all expenses associated with such collection, including reasonable attorneys’ fees. Past due amounts will accrue interest at 1% per month (12% per annum) or the lawful maximum, whichever is less.
6.5 In order to prevent financial loss to you or to CashChat, or as a result of breach of these Payment Terms, we reserve the right to: (i) cancel any transaction; (ii) place a delay on a payment, limit the payment method for a transaction, limit your ability to make a payment; (iii) deactivate your Commercial Account; and/or (iv) contact your payment credential issuer, law enforcement or affected third parties (including other users) and share details of any payments that you are associated with.
6.6 If we, in our sole discretion, suspect or confirm fraudulent or illegal behavior, we reserve the right to take any and all actions specified in Section 6.5 and/or cancel any remaining balance on your Commercial Account.
6.7 If you leave a balance in your Commercial Account for the period of time set forth by the applicable law, or if you delete your Commercial Account and leave a balance, or if we deactivate your Commercial Account and you do not meet any conditions necessary to reinstate it, we may process your balance in accordance with our legal obligations, including by submitting funds associated with your balance to the appropriate governing body as required by law.
6.8 Balances in your Commercial Account using the Prepay method are refundable upon account closure except if in our sole discretion, your Commercial Account is suspended or deactivated. Unless otherwise agreed by CashChat, any refund shall be made in the agreed billing currency. You shall bear any bank transaction fees in connection with any refunds.
6.9 Please notify us if you find or believe that an unauthorized or otherwise inaccurate transaction has taken place with respect to your Ad Transactions.
6.10 To the fullest extent permitted by law, any dispute or claim against us arising out of or otherwise related to your Ad Transactions beyond 1 year after the charge will be deemed waived.
7.1 All notices other than receipts and invoices to you will be sent as set forth in the Commercial Terms.
7.2 A failure to invoice you shall not excuse or waive CashChat’s right to collect, and your obligation to pay, under these Payment Terms.