LVD, LLC dba myRollCall®
Version 1.3, Effective August 15, 2018
LVD, LLC dba myRollCall®
Version 1.3, Effective August 15, 2018
Please read this entire myRollCall Merchant Agreement (this “Agreement”) and indicate whether you agree to this Agreement by clicking the “Confirm” button. This Agreement defines the relationship between LVD, LLC d/b/a myRollCall and its affiliates and subsidiaries (“myRollCall,” “we,” or “us”) and you, the merchant accessing the myRollCall Services. Any capitalized terms not defined herein shall have the meaning assigned to them in the LVD, LLC d/b/a myRollCall Terms and Conditions.
This Agreement sets forth the terms and conditions upon which Organizers can use the Services to create, promote, collect sales proceeds and donations, and/or direct disbursements related to an event selling tickets and/or registrations. This Agreement will be applicable when and if you use the Services to create, promote, collect sales proceeds and donations, and/or direct disbursements related to an event selling tickets and/or registrations.
3. Incorporation by Reference.
This Agreement and the rights and obligations contained in this Agreement are in addition to and are incorporated into the remainder of the Terms and Conditions. Nothing in this Agreement shall be deemed to modify, waive, amend or rescind any other term of the Terms and Conditions.
4. Additional Registration Information.
As part of the creation of a paid event or at any time following such creation, you may be required by myRollCall to provide additional information (beyond the information required to register for the Services) about yourself, the entity you represent (if any) and the principals/beneficial owners of the entity you represent (if any) (collectively, “Additional Registration Data”). As an example, the Additional Registration Data may include current address, doing business as (DBA) names, description of products, website address, bank account or other payment account information, Tax Identification Numbers/EIN, date of birth, passport or driver license number, country of origin, copies of government identification documents and other personal information. This information may be used to verify your identity, the validity and/or legality of your transactions and/or whether you qualify to use the Services for paid events. You agree to: (a) provide this information in a timely, accurate and complete manner and (b) maintain and promptly update this information in a timely manner to ensure it remains accurate and complete at all times. Please be advised you will be required to provide a Tax Identification Number/EIN and complete address in order to collect money and use our Services.
Organizer agrees that myRollCall is permitted to share Registration Data (as defined in the Terms and Conditions), Additional Registration Data and information relating to your events and transactions on the Services with your bank or other financial institution and any third-party payment processors, such as PayPal® and Stripe, in each case to the extent your transactions or events involve such third parties. In addition, you authorize myRollCall to verify your Registration Data and Additional Registration Data and conduct due diligence on you through third parties, including third-party credit reporting agencies.
Failure to Provide.
We reserve the right to suspend your myRollCall account or to withhold any amounts due to you in the event that we reasonably believe that your Registration Data or Additional Registration Data is inaccurate or if you fail to provide all Registration Data or Additional Registration Data within the timeframes requested.
5. Payment Methods; Payment Process.
(a) Payment Methods.
myRollCall may use “Facilitated Payment Processing” or “FPP” to collect sales proceeds for paid events. FPP consists of collecting all sales proceeds from ticket, registration and merchandise sales and donations solicited via the Services (collectively, “Event Registration Fees”) using third-party payment services, such as PayPal® or Stripe. myRollCall may also use FPP to direct disbursement of funds to vendors and reimbursement of expenses to Organizers using third-party payment services, such as PayPal®, or by check. Alternatively, myRollCall may collect sales proceeds for paid events via check or cash.
(b) myRollCall’s Role.
For the avoidance of doubt, myRollCall does not and will not provide banking, deposit taking, stored value, insurance or any other financial services to an Organizer. For convenience, myRollCall shows you a balance of proceeds for your events in your myRollCall account, however, that balance merely reflects the amount of Event Registration Fees collected by a third-party payment service. Separate third-party payment service-specific terms and conditions may apply to such payments as well.
Upon an order being placed by an Attendee and confirmed through myRollCall, myRollCall generates a confirmation message and issues a unique confirmation number for such Attendee’s order. Organizer agrees to unconditionally accept, honor and fulfill all ticketing, registration, merchandise and donation commitments that have been confirmed by myRollCall through the Services, and it is Organizer’s responsibility to verify an Attendee’s confirmation number and/or any event restrictions prior to the applicable event.
Organizer agrees to pay myRollCall all applicable service fees for each ticket, registration or other item sold or donation solicited via the Services (the “myRollCall Service Fee”). The current fees, including applicable minimum event fees payable to myRollCall, can be found at https://www.myrollcall.com/. Note that these fees are subject to change from time to time with respect to transactions that occur following the change. If the Organizer does not meet the myRollCall minimum event or group fee requirement for an event or group by meeting the minimum event or group fundraising goal, Organizer hereby acknowledges and agrees that the myRollCall minimum event and/or group fee will be deducted directly from the proceeds for the event or group raised on the myRollCall platform, prior to vendor payments or payee payouts, with the remaining balance of proceeds to be disbursed according to the Organizer’s specific instructions to myRollCall. In addition, Organizer may from time to time request additional Services from myRollCall, including without limitation, marketing and promotion services, equipment leasing, on-site services, printed tickets and dedicated account management, which myRollCall may provide at its discretion and the terms of which will be covered by a separate written agreement. Fees for such ancillary Services (the “Ancillary Fees”) will be disclosed to Organizer prior to Organizer’s acceptance of such Services. The myRollCall Service Fee and the Ancillary Fees are referred to herein as the “Fees.”
Facilitated affectt Processing.
Organizers and Attendees effect the applicable payment transaction through a third-party service and are bound by the applicable Terms and Conditions governing such service. The Stripe Terms and Conditions are available here: https://stripe.com/us/legal/. The PayPal Terms and Conditions are available here: https://www.paypal.com/us/webapps/mpp/ua/legalhub-full. Organizer will collect all Event Registration Fees and may disburse payments to vendors and reimbursements to Organizers through the applicable third-party service. myRollCall accepts no obligation or liability with respect to such collection, disbursement, or the performance or nonperformance of such third-party service.
(a) Refund Policy and Process.
Organizer agrees to communicate a refund policy to Attendees with respect to each event posted on the Services that meets the requirements of the Attendee Refund Policy Requirements available here and to administer such policy in accordance with its terms and the Attendee Refund Policy Requirements.
(b) Refund Disputes.
Regardless of what payment method is selected, all disputes regarding refunds are between Organizer and its Attendees. In the event of a dispute, myRollCall may try to mediate, but ultimately it is Organizer’s obligation to settle the dispute.
(c) Mandatory Refunds.
Notwithstanding the foregoing, Organizer authorizes myRollCall to make refunds in the following situations (i) Organizer specifically authorizes the refunds at the time; (ii) myRollCall believes in its discretion that specific orders should be refunded under the Organizer’s posted refund policy or the refund policy requirements contained herein, including without limitation, that they are required by applicable local, state, provincial, national or other law, rule or regulation or any payment card network or other payment network rules; (iii) myRollCall believes in its discretion that the refund request, if not granted, will lead to a chargeback that myRollCall is more likely than not to lose; (iv) Organizer failed to list a refund policy on the applicable event page and myRollCall believes in its discretion that a refund would be reasonable under the circumstances; (v) myRollCall believes in its discretion that specific orders are fraudulent (e.g., made with stolen credit cards or otherwise not bona fide transactions); or (vi) myRollCall believes in its discretion that the order is a duplicate. Organizer also authorizes myRollCall to make refunds of any and all orders (including those for unrelated events) if (A) myRollCall believes in its discretion that Organizer has engaged in any fraudulent activity or made any misrepresentations; (B) myRollCall believes in its discretion that there is substantial risk of nonperformance by Organizer with respect to the applicable event or future events; (C) myRollCall believes in its discretion that it is likely to receive complaints, refund requests, transaction reversals and/or chargebacks with respect to a substantial amount of orders; or (D) myRollCall believes in its discretion that Organizer is a Prohibited Merchant, has used the Services to process Prohibited Transactions or to manage Prohibited Events or that failing to make the refunds would otherwise expose myRollCall to legal liability. Because all sales are ultimately made by Organizers, Organizer hereby agrees to promptly and fully reimburse myRollCall and its affiliates upon demand for refunds that myRollCall makes pursuant to this Agreement, other than to the extent that the necessity for such refunds are caused by myRollCall’s negligence or willful misconduct. Organizer acknowledges and agrees that chargebacks will result in losses to myRollCall in excess of the amount of the underlying transaction and that by refunding transactions in advance of a chargeback myRollCall is mitigating such losses and its damages with respect to Organizer’s breach of these Terms and Conditions.
Non-Exclusive Remedies; Taxes.
(a) Non-Exclusive Remedies.
In the event that Organizer fails to pay to myRollCall any amount owed pursuant to the Terms and Conditions when due and following a late payment notice being delivered by myRollCall, such amount shall bear interest calculated from the date due until paid in full at a rate equal to the lesser of (i) one percent (1%) per month, compounded monthly; and (ii) the maximum amount permitted by applicable local, state, provincial, national or other laws, rules or regulations. In the event any amounts are owed by Organizer to myRollCall under the Terms and Conditions, myRollCall may, without limiting its other rights and remedies and to the extent permitted by applicable local, state, provincial, national or other laws, rules or regulations (A) withhold any amounts due to Organizer, whether for a particular event or for any other event that Organizer lists through the Services and use the withheld amount to setoff the amount owed by Organizer to myRollCall; and/or (B) send an invoice to Organizer for such amounts to the extent Organizer’s outstanding balance is insufficient to cover these costs, in which case Organizer shall pay myRollCall such invoiced amounts within thirty (30) days after the date of the invoice. If payment for any amounts due to myRollCall hereunder is not made by Organizer when due and after receiving a late payment notice from myRollCall, myRollCall reserves the right, in its discretion and without limiting its other rights and remedies, to suspend or terminate Organizer’s registration for the Services (including any and all accounts that Organizer may have).
(b) Costs of Collection.
Organizer agrees to promptly and fully reimburse myRollCall upon demand for all out-of-pocket costs and expenses, including without limitation, reasonable attorneys’ fees and expenses, incurred by myRollCall in collecting past due amounts from Organizer under these Terms and Conditions or otherwise.
i. Please be advised you will be required to provide a Tax Identification Number/EIN and complete address in order to collect money and use our Services. You are solely responsible for determining which, if any, sales, use, amusement, value added, consumption, excise and other taxes, duties, levies and charges (collectively, “Taxes”) apply to your use of the Services and you agree that it is your sole responsibility to, and that you will, collect, remit and report the correct amounts of all such Taxes to the applicable governmental authorities, even if myRollCall provides you with tax tools or tax calculators that assist you in doing so. myRollCall does not represent, warrant or guarantee that any tax tools or tax calculators provided to you will meet all tax requirements that may be applicable to you or that such tax tools or tax calculators will result in your collection or remittance of all applicable Taxes, which Taxes may vary based on the nature of your event, the nature of your tax status (individual, entity, business, consumer, etc.), your location, the location of your Attendees, credits and deductions for which you may qualify and other factors, and you hereby release myRollCall of any and all liability with respect to your use of the tax tools and/or tax calculators. None of such tax tools or tax calculators should be considered legal or tax advice. If you do collect Taxes on the Services, those Taxes will be treated like Event Registration Fees and myRollCall will pay such amounts to you at the same time as the underlying Event Registration Fees. If you use any tax tools or tax calculators that require you to input a tax registration number, you represent and warrant that such tax registration number is true and correct. myRollCall cannot give you legal or tax advice, so please be sure to check with your own tax advisor about any applicable Taxes. In the event that a governmental authority requires myRollCall to pay any Taxes attributable to your use of the Services, you agree to promptly and fully reimburse myRollCall for such Taxes upon demand and all costs, penalties, interest and expenses related thereto.
ii. All Fees charged by myRollCall do not include any Taxes except to the extent that a Tax is expressly set forth in the applicable invoice or billing statement, and you agree to pay any Taxes that are imposed and payable on such Fees (other than those calculated based on myRollCall’s net income) to myRollCall. If you are outside of the United States, you may be required to self-assess certain indirect Taxes on our Fees (or certain portions of our Fees) under the applicable reverse charge procedure on your indirect tax returns. To the extent you are required to self-assess, myRollCall will use reasonable efforts to note that on your invoices.
iii. In addition, due to IRS regulations, myRollCall will report to the IRS (i) the gross amount of transactions for which you have been paid in that calendar year and in each month of that calendar year; (ii) your name; (iii) your address; and (iv) your Tax Identification Number/EIN (“Your Tax Information”). As part of these IRS regulations, myRollCall is required to collect Your Tax Information. To learn more about these IRS regulations and why we are required to do this, see our 1099-K FAQ here. To learn more about these IRS regulations and why we are required to do this, you can learn more at the IRS website by clicking here.
iv. myRollCall reserves the right to withhold the payment of any amounts owed to you hereunder and dispose of them as required by applicable local, state, provincial, national or other law, rule, regulation, judgment or order, in each case as determined by myRollCall.
If your account has had no activity for a period of time set forth in applicable unclaimed property (e.g., escheatment) laws and we hold funds related to your account, then we will notify you as required by applicable laws. If you do not claim your unclaimed funds within the timeframe notified to you, then we will escheat them to the applicable governmental authority in accordance with applicable laws.
6. Prohibited Merchants; Prohibited Events; Prohibited Transactions.
By registering for the Services and accepting these Terms and Conditions, you represent and warrant that:
(a) you are not located in, and you are not a national or resident of, any country to which the United States has embargoed goods and/or services of the same type as the Services (“Restricted Countries”); and
(b) you are not a person or entity or under the control of or affiliated with a person or entity that (i) appears on the U.S. Office of Foreign Assets Control’s Specially Designated Nationals List, Foreign Sanctions Evaders List or Palestinian Legislative Council List or is subject to sanctions in any other country.
If you fall into any of the categories set forth above, as determined by myRollCall in its discretion, you are a “Prohibited Merchant.”
You may not post events to the Services that:
(a) violate or facilitate the violation of any applicable local, state, provincial, national or other law, rule or regulation;
(b) would be prohibited under the payment card network or other payment network rules;
(c) take place in Restricted Countries; or
(d) contain any Content (as defined in these Terms and Conditions) that would violate the Terms and Conditions.
Any event that falls into any of the categories set forth above, as determined by myRollCall in its discretion, is a “Prohibited Event.”
You may not use the Services to process any of the following transactions and you represent and warrant that you will not submit for processing through the Services:
(a) any transaction that would violate the payment card network or other payment network rules;
(b) any transaction that is fraudulent or criminal in nature;
(c) any transaction that would constitute a “restricted transaction” as defined in the Unlawful Gambling Enforcement Act of 2006 or Regulation GG; or
(d) any transaction that would constitute sending money to another party other than for the purchase of bona fide tickets or registrations to, or solicitation of a donation for, events, or sale of items related to such events.
Any transaction that falls into any of the categories set forth above, as determined by myRollCall in its discretion, is a “Prohibited Transaction.”
In the event that myRollCall discovers that you are a Prohibited Merchant, that you have posted a Prohibited Event and/or that you have attempted to process or processed a Prohibited Transaction, then myRollCall may take any or all of the following actions in its discretion in addition to any and all remedies that myRollCall may have under the law or elsewhere in the Terms and Conditions:
(a) suspend or terminate your myRollCall account;
(b) alter, edit, or remove any Prohibited Event or any portion thereof;
(c) block, reverse or refund any or all of your transactions;
(d) hold any and all funds associated with your account to the extent required by applicable local, state, provincial, national or other law, rule, regulation, judgment or order; and
(e) refer you, your events and/or your transactions to applicable law enforcement agencies for further action.
7. Representations and Warranties.
In addition to the representations and warranties contained herein, you represent and warrant to us that (a) if you represent an entity, that entity is duly organized, validly existing and in good standing under the laws of the state, province or country of its formation; (b) you, or the entity you represent (if applicable), have all requisite power and authority to enter into these Terms and Conditions and to carry out the transactions contemplated hereby; (c) the entering into and performing of these Terms and Conditions by you, or if you represent an entity by the entity you represent, will not result in any breach of, or constitute default under, any applicable local, state, provincial, national or other law, rule, regulation, judgment or order, or other agreement to which you or it is a party, including without limitation, any other agreement for the sale of tickets or registrations; and (d) if you represent an entity, you have the full right, legal power and actual authority to bind such entity to the terms and conditions hereof.
8. Use of Third Party Event Support Services.