Payment Processing Agreement

This Payment Processing Agreement (the “Agreement”), effective as of the date of final signature, by clicking accept or by using the Processing Services (as defined below) (“Effective Date”), constitutes a product-specific agreement, by and between Atelier35 Inc. (“Atelier35”, or “we”, or “us” or ”our”), and any merchant, corporation, partnership, sole proprietorship or other business entity executing this Agreement and all or any employee, contractor, agent or affiliate of such business entity (together the “Merchant”).

1. Processing Services. In addition to its core services offering, Atelier35 offers embedded payment processing services, which include credit card, debit card, ACH, and other payment processing services, as may be offered from time to time (collectively the “Processing Services”).
2. Fees and Taxes. Related to the Processing Services, Atelier35 will charge Merchant according to the fees listed below (“Processing Fees”). All Processing Fees payable under this Agreement are exclusive of taxes. Atelier35 may modify the Processing Fees at any time.

   All Processing Fees are in USD. 

   Card Processing Volume Fees
   Card-Not-Present1 Transaction Volume Fee	2.90%
   Card-Present2 Transaction Volume Fee	2.60%
   American Express – Card Transaction Volume Fee Surcharge	0.50%
   Card Processing per Transaction Fee
   Card Transaction Fee	$0.20
   ACH Processing Volume Fees
   ACH Volume Fee	1.00%
   ACH Cap3	$10.00
   ACH Processing per Transaction Fee
   ACH Transaction Fee	$1
   Other Fees
   Card Return Fee	$0.20
   ACH Refund Fee	$1
   Chargeback, Dispute, or ACH Return Fee	$15.00
   (Optional) EMV Terminal Upfront Fee	Market Pricing depending on model.

   ¹Card-Not-Present means that the card was not electronically read at the payment terminal (e.g. manually key-entered, mail/telephone order, recurring payment, online payment).
   ²Card-Present means that the card was electronically read at the payment terminal (contact or contactless interface or mag-stripe).
   ³The ACH Cap applies exclusively to subscribers with the ACH Cap 10$ Addon Yearly or the ACH Cap 10$ Addon Monthly.

3. Processing Terms and Conditions. By using the Processing Services, Merchant agrees to the Processing Terms and Conditions available at https://legal.rainforestpay.com/processingterms, which may be amended at any time.
4. Hardware. If Merchant chooses and agrees to purchase EMV terminal devices (“Hardware”), Merchant shall pay the purchase price set forth in the applicable order form or invoice, as applicable, including shipping/handling fees, duties, brokerage fees, and any applicable taxes. Inactivity fees might apply when you do not use the Hardware. Hardware is subject to availability and will be shipped to Merchant upon due receipt of payment. All sales of Hardware must be conducted exclusively with Atelier35 and are final. Merchant must verify no later than five business days from receipt of Hardware that shipment was accurate and complete, failing which the Hardware warranty under this section will be inapplicable.

   In addition to the manufacturer’s warranty, Atelier35 warrants to Merchant that new Hardware will be free from defects in workmanship and materials for 20 days from the date that Hardware is ordered (“Warranty Period”). This limited warranty is not transferable. During the Warranty Period, Atelier35 may, at its sole option, repair or replace Hardware without charge for either labor or parts. Hardware must be returned in good condition in the original packaging and include all related components. Charges for returning Hardware shall be for the Merchant’s account. A restocking fee may also apply. 

   Atelier35’s limited warranty does not apply: (i) to normal wear and tear; (ii) if the Hardware is opened, tampered with or repaired by someone not authorized by Atelier35; (iii) to any damage attributable to misuse, moisture or liquids, accident, abuse, neglect or misapplication; (iv) to physical damage to the surface of Hardware, such as scratches, dents or other cosmetic changes; or (v) if used with products or services not provided or licensed by Atelier35.

   Atelier35 may provide Merchant with occasional help and guidance with regard to installation and setup, however, Merchant remains at all times responsible for its own network.

   REPAIR OR REPLACEMENT ARE THE EXCLUSIVE REMEDIES PROVIDED IN CONNECTION WITH THE PURCHASE BY MERCHANT OF THE HARDWARE. ATELIER35, ON BEHALF OF ITSELF, ITS RESELLERS AND DISTRIBUTORS, HEREBY DISCLAIMS ALL OTHER WARRANTIES, CONDITIONS, REPRESENTATIONS OR GUARANTEES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY AND/OR FITNESS FOR PURPOSE.

5. Term. The term of this Agreement begins on the Effective Date and Processing Services continue until terminated by either party.