SPARK PAY USER AGREEMENT
Welcome to Spark Pay. We are an online service providing our members with business-purpose payment processing services (the "Spark Pay Service" or the "Service") which are enabled through certain mobile devices (a "Spark Pay-ready device"). This User Agreement (the "Agreement") comprises our detailed terms and conditions for the Service, and is between you ("You", "Your" or “Merchant”) and Capital One, N.A. (“Capital One”, "Our", "Us" or "We"). You should read and understand this Agreement as it is the legal contract that governs Your use of the Service.
This Agreement governs Your use of the Spark Pay Service, including all features and functionalities, our website, and all content and software associated with it. By using the Spark Pay Service, You accept and agree to be bound by this Agreement. If You do not agree to this Agreement, do not use the Spark Pay Service or our websites or any other websites affiliated with the Spark Pay Service. All references to You include You, in your personal capacity, and Your company or any other legal entity on whose behalf You are using the Service. By entering into this Agreement You are also agreeing to the Privacy Statement and E-sign Consent Policy, available at https://www.sparkpay.com/legal, and Security Statement, available at https://www.sparkpay.com/security, each of which is incorporated herein by reference. This Agreement also incorporates by reference the applicable pricing and ordering terms that have been provided to You online or offline, as applicable and at Our discretion, for the Spark Pay Service, which terms and conditions are subject to change in Our sole and absolute discretion from time to time.
Additionally, You acknowledge and agree that the Spark Pay Service is to be utilized solely for processing payment transactions directly related to a business purpose. Use of the Spark Pay Service to process person-to-person or any other consumer-purpose transaction, as determined within the sole and complete discretion of Capital One, may result in termination of service pursuant to Section 5.
This Agreement is an ongoing contract between You and Capital One and applies to Your use of the Spark Pay Service as made available in the U.S. They affect Your rights and You should read them carefully. Different terms, conditions and limitations may apply to the Spark Pay Service available in other jurisdictions.
2. Changes to Agreement
Capital One reserves the right, from time to time, with or without notice to You, to change this Agreement in Our sole and absolute discretion. The most current version of this Agreement can be reviewed by visiting our website and clicking on "Legal" located at the bottom of the pages of the Spark Pay website at https://www.sparkpay.com. The most current version of this Agreement will supersede all previous versions.
3. Membership and Approval Processes
The Spark Pay Service enables You to accept credit or debit (including pre-paid) card initiated payment network transactions strictly for business and not personal or other consumer purposes
You will receive access to the Spark Pay Service after You register an account (the "Spark Pay Account"). By registering a Spark Pay Account, You represent that You are at least 18 years of age. The requirements for registration of a Spark Pay Account are set forth on https://www.sparkpay.com. Note that Capital One only accepts a Taxpayer Identification Number or Social Security Number for Spark Pay Account registration. Capital One does not permit the use of an Individual Taxpayer Identification Number. Further, Capital One expressly reserves the right to change the requirements for Spark Pay Account registration at any time in its sole discretion.
You will be responsible for keeping information that You provide to us up-to-date. We periodically may obtain additional reports to determine whether You continue to meet the requirements for a Spark Pay Account and for the Service. We decide, in our discretion, whether to approve Your registration, and if requested, You agree to provide Us with additional information.
You understand that by submitting an application or agreeing to the terms of the Spark Pay Service, You are providing “written instructions” to Capital One under the Fair Credit Reporting Act and authorizing Capital One to obtain Your personal credit bureau file in connection with this application or agreement to the terms of the Spark Pay Service, and further to set appropriate processing limits and/or enable review and performance of required or requested account maintenance functions.
Based on established practices, Spark Pay, inclusive of Capital One Merchant Services Corporation, will not approve an application from a Merchant who conducts or otherwise represents a business listed in Section 8. below under “Prohibited Businesses”. Spark Pay, inclusive of Capital One Merchant Services Corporation, reserves the right in its sole and complete discretion to request additional or enhanced information on any Merchant application involving, to any extent, a “High-Risk Businesses” listed in Section 8. below.
IMPORTANT INFORMATION ABOUT PROCEDURES FOR APPLYING FOR OR OPENING A NEW ACCOUNT:
To help the government fight the funding of terrorism and money laundering activities, Federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account. What this means for You: When You apply for or open an account, We will ask for your name, address, date of birth, and other information that will allow Us to identify You. We may also ask to see Your driver’s license or other identifying documents.
4. Privacy and Communications Preferences
Privacy Issues. Any personally identifying information submitted through the Spark Pay Service is subject to Our Privacy Statement, which is available at https://www.sparkpay.com/legal, the terms of which are incorporated therein. Please review Our Privacy Statement to understand our practices. In addition to the terms of Our Privacy Statement, You understand that in order to be eligible to use the Spark Pay Service, Capital One may share information about You and Your Spark Pay Account (described below) with Our third party providers and affiliated companies. Capital One may contact and share information about You and Your application (including whether You are approved or declined), and Your Spark Pay Account with Your bank or financial institution.
Communications from Us. By agreeing to this Agreement, You are consenting to receive certain communications from Us. For example, Capital One may send You newsletters about new product or service features, special offers, promotional announcements and customer surveys via email or other methods. If You no longer want to receive the newsletters, other promotional announcements or non-transactional communications, You can unsubscribe to them as set forth immediately below. Service-related communications from Us will include notices about Your account (e.g., password change confirmation e-mails and other transactional information) and information concerning or related to the Spark Pay Service. These communications are part of Your relationship with Capital One and You receive them as part of the Spark Pay Service. You agree that any notice, agreements, disclosure or other communications that we send to You electronically will satisfy any legal communication requirements, including that such communications be in writing.
Your personal information is a big deal-and handling that information is something we take very seriously. We also think it’s important you know exactly what information might be shared and who it could be shared with. Here’s what you need to know:
Sharing your information within Capital One
We do share your credit information within our different Capital One companies. It’s the info we get from credit bureaus and your account application. You can tell us not to share that information and “opt out”.
You might also get offers from us for products and services we think you’ll like because we also share personal information, like your income, credit score and how you use your account every day. You can ask us not to use your shared information for marketing and opt out of that, too. If you do opt out, we may still use that information to market products and services as permitted by law.
If you don’t want us to share your credit information between our companies, or use your shared personal information for marketing, just give us a call at 1-888-817-2970. And be sure to tell us that you don’t want us to share your credit information, use your personal information for marketing, or both. Whatever you decide, it applies to everyone who’s on your account.
Sharing Your Information With Credit Bureaus And Others
We might report information about your account to the consumer credit bureaus. It includes things like the fact that you have an account, any late payments, missed payments or other defaults (if they happen). You’ll see this on your credit report.
In case you’re wondering, our different companies are those owned by Capital One Financial Corporation. They include companies that begin with “Capital One” or “Chevy Chase” as well as ShareBuilder, Onyx and Greenpoint. Individual company names might be different, like Capital One Bank (USA), National Association; Capital One, National Association; and ShareBuilder Advisors, LLC.
5. Right to Terminate
Your Termination. You can terminate this Agreement by closing Your Spark Pay Account at any time. If You close Your Spark Pay Account, all pending transactions will be cancelled. If we are holding any funds in custody for You at the time of closure, we will deduct any applicable Fees or other charges and pay You any remaining amounts, subject to expiration of any Reserves period (as defined below).
Our Termination. We reserve the right to terminate or restrict Your use of the Spark Pay Service, without notice, for any or no reason whatsoever. We can also suspend the Spark Pay Service and Your access to Your Spark Pay Account (including the funds in that account) if You (i) have breached any terms of this Agreement, (ii) pose an unacceptable credit risk or fraud risk to Us, (iii) provide us with any false, incomplete, misleading information or engage in any fraud or illegal conduct, or (iv) for any other reason that Capital One determines violates law or Capital One's policies.
6. After Termination
Once Your Spark Pay Account is terminated, (i) You will stop all use of the Spark Pay Service, (ii) You will continue to be bound by those clauses of this Agreement that survive termination, and (iii) all licenses provided to You under this Agreement will terminate. We will not be liable to You for any compensation, reimbursement or damages in connection with Your use of the Spark Pay Service or our termination of it.
7. Licenses to Software and Services
Access.Capital One software (the "Software") is developed by or for Capital One and is designed to enable access to the Spark Pay Service and the processing of payments through Spark Pay-ready devices. The Software may vary by device and medium, and functionalities may also differ between devices. For example, the Software may be embedded in a Spark Pay-ready device or we may offer the Software to be downloaded onto a device manufactured by other companies. WE DO NOT WARRANT THE PERFORMANCE OF THE SOFTWARE, INCLUDING ITS CONTINUING COMPATIBILITY WITH OUR SERVICE. Please refer to the Disclaimers of Warranties and Limitations of Liability set forth in this Agreement.
Third Party Devices. We do not warrant that any of the software used and or licensed in connection with the Spark Pay Service will be compatible with other third party software nor do we warrant that operation of the Spark Pay Service and the associated Software will not damage or disrupt other software or hardware, whether or not supplied by Capital One in conjunction with the Spark Pay Service. In addition, Spark Pay-ready devices are manufactured and sold by entities other than Capital One. WE DO NOT TAKE RESPONSIBILITY OR OTHERWISE WARRANT THE PERFORMANCE OF THESE DEVICES, INCLUDING THE CONTINUING COMPATIBILITY OF THE DEVICE WITH THE SPARK PAY SERVICE. By using the Spark Pay Service, You agree to look solely to the entity that manufactured and/or sold You the device for any issues related to the device and its compatibility with the Spark Pay Service. Any issues related to the Spark Pay Service, including any system requirements, are covered and limited by this Agreement. Please refer to the Disclaimers of Warranties and Limitations of Liability set forth in this Agreement.
Ownership. The Software contains material that is protected by copyright and other applicable intellectual property laws in the U.S. and other territories and by international treaty provisions. The Software and the Spark Pay Service are licensed, not sold or given, to You by Capital One for use only under the terms of this Agreement and all rights not specifically granted to You herein are reserved to Capital One (and to any third party with ownership rights in software and documentation used in the Software and Services.) You may not remove any proprietary notice of Capital One or any other party from any copy of the Software or documentation. This Agreement does not grant You any rights to trademarks or service marks of Capital One. The rights granted under the terms of this Agreement include any software upgrades that replace and/or supplement the original Software.
Grant of Limited License. Capital One grants You a non-exclusive, limited, personal and nontransferable license, subject to and conditioned on Your compliance with the restrictions set forth in this Agreement, to install and use the Software, in object code form only, provided to You by or on behalf of Capital One in connection with Your use of the Spark Pay Service. The license grant above includes the right to use documentation accompanying the Software for the sole purpose of using the Spark Pay Service and the right to make one (1) backup copy of the Software, provided that (i) the Software is installed on only Spark Pay-ready devices; (ii) the Software may NOT be modified; and (iii) all copyright notices are maintained on the Software.
Restrictions.As a condition of the limited license for the Software granted to You in this Agreement, except as and only to the extent expressly permitted in this Agreement or by applicable law which cannot be waived by this Agreement, You may NOT: (i) publish, display, disclose, rent, lease, modify, loan, distribute or create derivative works based on the Software or any part thereof; (ii) copy, decompile, reverse engineer, disassemble, translate, adapt or otherwise reduce the Software to human readable form; (iii) attempt to create the source code from the object code of the Software; (iv) take any action that will infringe on the intellectual property or other proprietary rights of Capital One or any of our third party software providers; and/or (v) sublicense or assign the Software.
Third Party Software. There are software programs contained within the Software that have been licensed to Capital One by third parties. The term "Software" as used herein shall include reference to such third party software except where the term Software refers expressly to the ownership or other specific rights of Capital One. The same terms and conditions, including all limitations and restrictions, set forth in this Agreement apply to each third party software program contained in the Software.
Exports. You may not use or otherwise export or re-export the Software except as authorized by United States law and the laws of the jurisdiction in which the Software was legally obtained or authorized by Capital One. In particular, but without limitation, the Software may not be exported or re-exported (a) into (or to a national or resident of) any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. By using the Software, You represent and warrant that You are not located in any such country or on any such list.
Government Use. The Software and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. S2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. S12.212 or 48 C.F.R. S227.7202, as applicable. Consistent with 48 C.F.R. S12.212 or 48 C.F.R. S227.7202-1 through S227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
8. Important Limitations on Use of the Service; Undertakings by You
Lawful Use; Prohibited and High Risk Businesses. Your use of the Spark Pay Service must be in compliance with all applicable laws, statutes, rules, and regulations, as well as industry practices and procedures and only for lawful purposes. The Service is available only in the United States, and cannot be used outside of the United States. A Spark Pay Account may not be used to accept payments in any “Prohibited Business” category, as set forth below. Spark Pay may close at any time any Account that is determined to be associated with a Merchant conducting a Prohibited Business. Spark Pay may reserve or refund to the cardholder any Funds processed by a Merchant determined to be conducting a prohibited or high-risk business type.
High-Risk Business types include, but are not limited to, the following:
- (1) Buyers or Membership Clubs;
- (2) Infomercial Sales;
- (3) Prepaid Phone Cards or Telephone Services;
- (4) Bankruptcy Attorneys;
- (5) Psychic Services;
- (6) Furniture Stores; and
- (7) Appliance Stores.
Prohibited Business types include, but are not limited to, the following:
- (1) Any Illegal Activity or Goods;
- (2) Credit Counseling or Credit Repair Agencies;
- (3) Credit Protection or Identity Theft Services;
- (4) Direct Marketing or Subscription Services;
- (5) Internet/Mail Order/Telephone Order Pharmacies or Pharmacy Referral Services (where fulfillment of medication is performed with an internet or telephone consultation, absent a physical visit with a physician including re-importation of pharmaceuticals from foreign countries);
- (6) Unauthorized Multi-Level Marketing;
- (7) Inbound or Outbound Telemarketers;
- (8) Rebate-Based Businesses;
- (9) Up-Sell Merchants;
- (10) Bill Payment Services;
- (11) Manual or Automated Cash Disbursements;
- (12) Pre-Paid Cards, Checks or other Financial Merchandise or Services;
- (13) Adult Entertainment-Oriented Products or Services;
- (14) Card-Not-Present Sales of (a) Firearms, Firearm Parts or Hardware and Ammunition; (b) Weapons or other Devices Designed to Cause Physical Injury;
- (15) Internet/Mail Order/Telephone Order Cigarette or Tobacco Sales;
- (16) Drug Paraphernalia;
- (17) Occult Materials;
- (18) Hate or Harmful Products;
- (19) Escort Services;
- (20) Collection Agencies;
- (21) Airlines or Cruise Lines;
- (22) Travel Agencies or Tour Operators;
- (23) Timeshares, Timeshare Re-Sales and Related Marketing;
- (24) Personal Enhancement Products or Services;
- (25) Warranty Companies; and
- (26) Internet Gambling (including Penny Auctions and Sports Betting).
Applicable Law; Network Rules. You must comply with all federal and state laws applicable to your business, as well as applicable bylaws, regulations, rules, industry practices and procedures of the Visa International, Inc. and MasterCard Worldwide, Inc. payment card networks (the "Network Rules" and the "Networks," respectively), as those Network Rules may be amended from time to time. Portions of the Networks Rules are available at www.visa.com and www.mastercard.com. In addition, You must comply with and adhere to the payment card industry ("PCI") data security standards ("DSS") in effect from time to time and shall implement and maintain appropriate measures designed to meet the objectives of PCI DSS.
Prohibited Transactions. We will not authorize or settle any transaction submitted in violation of this Agreement, applicable law, the Network Rules, or which exposes Us or others to fraud or criminal activity. You shall not do any of the following with respect to any transaction submitted for approval:
- (a) Impose a surcharge on a cardholder who elects to use a card in lieu of payment by cash, check or other mode of payment unless We notify You as above to the extent otherwise or as otherwise permissible under applicable law or Network Rules;
- (b) Establish a minimum dollar transaction amount on debit card transactions;
- (c) Establish a minimum dollar transaction amount on credit card transactions, unless such amount does not exceed $10.00;
- (d) Establish a maximum dollar transaction amount on any card transactions;
- (e) Require a cardholder to provide personal information such as phone number, address, or a driver’s license for identification as a condition for honoring a card (unless such card is not signed by the cardholder);
- (f) Extend credit for or defer the time of payment of the total cash price in any transaction;
- (g) Honor a card except in a transaction where a total cash price is due and payable;
- (h) Make any special charge to or extract any special agreement or security from any cardholder in connection with any transaction;
- (i) Transmit or accept for payment any sales draft for a transaction which was not originated as a result of a direct transaction between Merchant and a cardholder for the sale or lease of goods or the performance of services;
- (j) Use Merchant’s own card, or one to which Merchant has access, to process a transaction for the purpose of obtaining credit for Merchant’s own benefit;
- (k) Redeposit a previously charged back transaction, regardless of whether cardholder consents;
- (l) Use two or more sales transaction receipts for a single transaction to avoid or circumvent authorization limits or monitoring programs;
- (m) Process or return credit without sufficient balance in Merchant’s Reserve account to fund the transaction;
- (n) Attempt to process a transaction which violates the dollar limits established by Capital One as part of this Agreement, if any;
- (o) Present any transaction representing the refinancing of an existing obligation of a cardholder including, but not limited to obligations (i) previously owed to Merchant, and/or (ii) representing the collection of any other pre-existing indebtedness, including collections of delinquent accounts on behalf of third parties;
- (p) Process a transaction for the purpose of providing security or cash deposit for use in obtaining new or additional cards; or
- (q) Attempt to process, either directly or indirectly, a restricted transaction, as that term is defined in Federal Reserve Regulation GG (12 CFR Part 233), including, but not limited to, those in which credit, electronic fund transfers, checks or drafts are knowingly accepted by gambling businesses in connection with unlawful Internet gambling.
Payment Processing Restrictions on Internet Gambling Fund Transfers:
The Federal Reserve recently enacted regulations that require U.S. financial firms that participate in designated payment systems to establish and implement policies and procedures reasonably designed to prevent payments connected to unlawful Internet gambling. In light of the regulations, please be informed that restricted transactions (as defined in Federal Reserve Regulation GG / 12 CFR Part 233) are prohibited from being processed directly or indirectly through any account or relationship maintained with us. Restricted transactions generally include, but are not limited to, those in which credit, electronic fund transfers, checks or drafts are knowingly accepted by gambling businesses in connection with unlawful Internet gambling.
Your Representations. You represent and warrant that (i) You maintain a currently licensed or registered and actively operating business engaged in lawful activities, excluding those Prohibited Businesses listed in Section 8. above; (ii) You provided accurate information to Us and will keep such information current, accurate and complete; (iii) You have the right, power and ability to enter into and perform under this Agreement, (iv) You will submit only bona fide business-purpose (non-consumer) transactions under the Service, and only in Your name and not for any third party, and (v) You will comply with all applicable laws, rules and regulations, applicable to Your business, including all tax and consumer protection laws and regulations, Network Rules and PCI DSS. You understand that We are merely a service provider and are not a partner in Your business operations nor a guarantor of the receipt by You of the proceeds of any sales transactions.
9. How Our Service Works
Generally. We will deposit to Your Spark Pay Account the net amounts that We receive for transactions submitted through the Spark Pay Service, less applicable Fees, Chargebacks (as defined below), penalties, fines and assessments. We will deposit that money in Your bank account (once we've verified Your bank account information), less Reserves held, if any, after Your Spark Pay Account balance exceeds $10.00.
Transaction Information and Review. In conjunction with Your use of the Spark Pay Service, You are responsible for collecting and maintaining the necessary and appropriate documentation to support all transactions processed through your Spark Pay Account. Such documentation may include, but is not limited to, a dated and executed invoice regarding a detailed description of the good or service at issue and a copy of the contract with Your customer containing the terms and conditions of sale as well as any item shipping provisions and the applicable return or exchange policy. Further, You are advised to collect and retain any additional information about the paying cardholder as may be reasonably and lawfully obtained during the processing of the transaction. From time to time as part of Our ongoing review process, the Spark Pay Credit Support Team may request certain of this information from You for Our examination. Further, this information may be used as part of any dispute resolution process as set forth below. For additional guidance on any required or requested information, please refer to the Spark Pay FAQ section of the Sparkpay.com web portal.
Accuracy Of Payments. You are responsible for monitoring Your transactions, and for ensuring that the payments to You are correct and accurate. You must notify Us of any errors for payments made to You within thirty (30) days of such errors appearing in the electronic payment history of Your Spark Pay Account, or You waive any claims to such payment errors. Based on our internal risk and underwriting assessments, We may apply limits to the amount deposited to Your account.
Refunds. You may process a refund through Your Spark Pay Account up to forty-five (45) days from the day You accepted the payment. If Your Spark Pay Account balance is insufficient to cover that refund, We will ask for Your authorization to withdraw up to the requested refund amount from Your bank account. After Your authorization, We will withdraw the amount You were paid (the sale amount less the initial transaction fee) and credit it to Your customer's card. We also refund the Fees, so the full purchase amount is returned to the customer. We have no responsibility for accepting returns of any goods or services on Your behalf. We will not refund any amount(s) to any card or transaction that was not originally processed by Spark Pay.
Deferring Payouts or Restricting Funds. If we need to conduct an investigation or resolve any dispute related to Your Spark Pay Account, we may defer payouts or restrict access to the funds in the Spark Pay account for the time it takes Us to conduct or resolve these matters. We may also do so as required by law or if requested by law enforcement or by a governmental entity.
Maintenance. We conduct routine maintenance on the Spark Pay Service, and reserve the right to shut down or terminate the Service without notice should emergency maintenance be necessary.
Reserves. In Our sole discretion, and in order to secure the performance of Your obligations to us, we may designate an amount for funds that we will maintain either in Your Spark Pay Account or in a different reserve account (the "Reserve"), to secure the performance of any fees, taxes or penalties, payments, assessments and any charges due us, or to any third party. Such Reserve may be established for any reason, including if You have a high percentage of Chargebacks or credits, or if You have an unusually high volume of them, exceeding the amount reported on Your application. We will reasonably determine the amount of the Reserve to cover anticipated losses. We may raise, reduce or remove the Reserve in our discretion at any time. If Your Reserve does not have sufficient funds, we may fund the Reserve from any funding source associated with Your Spark Pay Account, including funds (i) in Your bank account or other payment instrument registered with us, (ii) deposited by You, or (iii) due to You under this Agreement. You grant us a security interest in, and lien on, any funds held in the Reserve, and authorize us to make withdrawals or debits from the Reserve without prior notice to You, to collect amounts that You owe us under this Agreement. We will release our security interest in the Reserves within 180 days after all fees otherwise owed to us or to any third party may have been paid.
Fees. You agree to pay the applicable fees disclosed on the Spark Pay website at www.sparkpay.com/enroll (the "Fees"). All disclosed Transaction Fees are subject to rounding up to the nearest $0.01. We may change our Fees upon thirty (30) days advance notice to You. Notice of any changes in our Fees will be made available on the Spark Pay website. Your continued use of the Spark Pay Service on the thirty-first day following the notice constitutes Your acceptance to such changes. If You do not wish to pay such changed Fees, You must close Your Spark Pay Account. For additional detail regarding Fees and other related terms and conditions, including any applicable incentive regarding a Fees waiver, please see www.sparkpay.com/legal/fees-disclosures.
Taxes. You are responsible for determining any and all taxes assessed, incurred or required to be collected, paid or withheld for any reason in connection with Your use of the Services (the "Taxes.") You are responsible for collecting, withholding, reporting and remitting correct Taxes to the appropriate tax authorities.
Tax Reporting. Information about your transactions will be reported and funds may be withheld as required under I.R.S. regulations.
In addition to the Fees, You agree to pay the amount of any transactions if the transaction (i) is disputed, (ii) is reversed for any reason by a Network, Our processor, or by Your financial institution, (iii) is allegedly unlawful, suspicious or in violation of the terms of this Agreement, or (iv) was not authorized ("Chargeback"). For any such transaction resulting in a Chargeback, You authorize Us to: (i) withhold the amount of the Chargeback in the Reserve, and (ii) deduct the amount of the Chargeback and associated Fees, fines or penalties listed in the Fee Schedule or assessed by the Networks or our processor from Your Spark Pay Account (including any Reserve), or any proceeds due to You, as well as all attorneys' fees and other legal expenses We may incur as a result of collecting the unpaid amount of any Chargebacks from You.
You are solely responsible for the payment of Chargebacks, and We have no financial responsibility whatsoever for any Chargebacks. Your failure to comply with the Network Rules may increase Your exposure to Chargebacks. Your obligation to pay Chargebacks survives the termination or other expiration of this Agreement. You agree to fully cooperate with the Network Rules regarding Chargebacks.
If We believe that You are incurring an excessive amount of Chargebacks, We may establish controls or conditions governing You or Your Spark Pay Account, including (i) establishing new Fees, (ii) creating a Reserve to cover anticipated Chargebacks and related Fees, (iii) delaying payouts to You, and (iv) terminating or suspending the Spark Pay Service.
11. Account Access
In order to provide You with ease of access to Your account and to help administer the Spark Pay Service, Capital One may implement technology that will enable Us to recognize You as the account holder and provide You with direct access to Your account without requiring You to retype any password or other user identification when You revisit the Spark Pay Service. You are responsible for updating and maintaining the truth and accuracy of the information You provide to us relating to Your account.
You are also responsible for maintaining the confidentiality of Your account and password and for restricting access to Your computer or Spark Pay-ready device. If You disclose Your password to anyone or share Your account and/or devices with other people, You take full responsibility for their actions. Where possible, users of public or shared devices should log out at the completion of each visit. If You sell or return a computer or Spark Pay-ready device, You should logout and/or deactivate the device before doing so. If You fail to log out or deactivate Your device, subsequent users may be able to access certain of Your account information.
12. Your Conduct in Accessing the Spark Pay Service
By accessing the Spark Pay Service, including the Spark Pay website, You agree to use the Spark Pay Service, including all features and functionalities associated therewith, the website and software associated therewith in accordance with all applicable laws, rules and regulations. In addition, You agree not to upload, post, e-mail or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Spark Pay Service. You also agree not to interfere with the servers or networks connected to any portions of the Spark Pay Service or to violate any of the procedures, policies or regulations of networks connected to the Spark Pay Service. You also agree not to impersonate any other person while using the Spark Pay Service.
Confidential Information. The Software and all documentation, drawings, websites, designs, specifications, engineering details and related information pertaining to the Software, whether in oral, written, graphic or electronic form, are and shall remain the confidential and proprietary information of Capital One (collectively, the "Confidential Information").
Nondisclosure. You shall (1) disclose Confidential Information to only those directors and employees (collectively, "Affiliates") whose duties justify their need to know such information and who have been clearly informed of their obligation to maintain the confidential, proprietary and/or trade secret status of such Confidential Information; and (2) use Confidential Information for the sole purpose of accessing and using the Spark Pay Services, but not for any purpose detrimental to Capital One. In any event, You and Your Affiliates shall treat Confidential Information as strictly confidential and shall use the same care to prevent disclosure of such information as You use with respect to Your own similar confidential and/or proprietary information, which shall not be less than the care a reasonable person would use under similar circumstances. Except for the Software itself, neither You nor any of Your Affiliates shall copy any Confidential Information without the prior express written consent of Capital One, and all Confidential Information, and any copies thereof, shall be returned promptly to Capital One upon request. You shall ensure that Your Affiliates comply with the provisions of this section, and You shall be liable for any breach of this section resulting from the act or omission of any of Your Affiliates. You shall not disclose Confidential Information to any third party, including, without limitation, any of Your subcontractors.
You agree to indemnify, defend and hold Capital One, its affiliates and each of their officers, directors, employees, contractors, employees, agents and its third party suppliers, licensors and partners harmless from any and all claims, losses, damages and liabilities, including without limitation legal fees and expenses, arising out of or related to Your use of the Services, or any violation by You of this Agreement. We reserve the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify us, including rights to settle, and You agree to cooperate with the defense and settlement of these claims. We will use reasonable efforts to notify You of any claim, action or proceeding brought by a third party that is subject to the foregoing indemnification upon our becoming aware of it.
15. Disclaimers of Warranties and Limitations on Liability
THE SPARK PAY SERVICE, INCLUDING OUR WEBSITE, AND ALL SOFTWARE AND HARWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE SPARK PAY SERVICE, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND AND WE AND OUR LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SPARK PAY SERVICE, OUR WEBSITE, AND ALL SOFTWARE AND HARDWARE ASSOCIATED THEREWITH. CAPITAL ONE DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SPARK PAY SERVICE, INCLUDING USE OF OUR SOFTWARE, HARDWARE SUPPLIED IN CONJUNCTION WITH THE SPARK PAY SERVICE OR FUNCTIONALITIES, WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT CAPITAL ONE MAY ELIMINATE OR OTHERWISE MODIFY ANY OR ALL ASPECTS OF THE SPARK PAY SERVICE, INCLUDING FEATURES, WITHOUT COMPENSATION OR NOTICE TO YOU. CAPITAL ONE SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF SPARK PAY-READY DEVICES AND THE SOFTWARE AND HARDWARE SUPPLIED IN CONJUNCTION WITH THE SPARK PAY SERVICE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE) TO THE EXTENT ALLOWABLE BY LAW, WE AND OUR LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, FOR EXAMPLE, WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
In addition, We do not represent or warrant that the information accessible via the Spark Pay website or any linked Capital One website is accurate, complete or current. We do not represent or guarantee that Your use of the Spark Pay Service will be free from interruption, loss, corruption, attack, viruses, interference, hacking, or other security intrusion and we disclaim any liability with respect thereto. No oral or written information or advice given by Us or Our authorized representative shall create a warranty or otherwise constitute a representation binding upon Capital One or its affiliated parties.
16. Use of Feedback
Capital One is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication You may send to Us ("Feedback"), including responses to questionnaires or through postings to the Spark Pay Service, including the Spark Pay website or any linked Capital One website, without further compensation, acknowledgement or payment to You for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Spark Pay Service. Furthermore, by posting any Feedback on any of Our websites, submitting Feedback to Us, or in responding to questionnaires, You grant Us a perpetual, non-exclusive, royalty-free irrevocable license and right to display, use, reproduce or modify the Feedback submitted in any media, software or technology of any kind now existing or developed in the future.
17. Links and Pages
The parties to this Agreement shall use all reasonable efforts to resolve any disputes, controversies or differences arising out of or in connection with this Agreement amicably, including the use of a mutually agreeable, non-binding mediation procedure. Any dispute which cannot be settled by mutual agreement or mediation shall be finally and exclusively settled by arbitration held in Richmond, Virginia, and conducted by the American Arbitration Association (the "AAA") under the AAA's Commercial Arbitration Rules. Arbitration shall be by three (3) arbitrators, one chosen by You, one chosen by Capital One, and the third chosen by the two arbitrators selected by the parties or appointed by the AAA. Once appointed pursuant to this procedure, the arbitral tribunal may order provisional or conservatory measures (including injunctive relief) at the request of one party and may embody such order in any final award. Nothing in the foregoing precludes, restricts or is intended to preclude or restrict the right of either Party to seek injunctive or other equitable relief in an appropriate court of competent jurisdiction. English shall be the official language of the arbitration proceedings. The arbitrators shall make a decision which is in accordance with the terms of this Agreement, shall apply the law of the State of Virginia, without regard to its conflicts of laws principles, and shall state the basis for any decision in writing. Judgment upon the award rendered may be entered in any court having jurisdiction or application may be made to such court for judicial acceptance of the award and an order of enforcement as the case may be.
19. PAYware Connect Gateway
Spark Pay uses VeriFone's PayWare Connect Gateway for your transactions. Below are the provisions you agree to in using PayWare Connect.
Right to Use PAYware Connect Service Merchant is hereby authorized by VeriFone, Inc. (“VeriFone”) to use the PAYware payment processing services (“PAYware Connect Service”). VeriFone may modify the PAYware Connect Service from time to time in its reasonable discretion, provided that such modifications shall not materially diminish the functionality thereof. Merchant understands and agrees that Merchant shall be solely responsible for establishing and maintaining the appropriate and necessary connection between Merchant’s point-of-sale system(s) and the PAYware Connect Service.
Maintenance. VeriFone conducts routine maintenance to the PAYware Connect Service. Maintenance is generally scheduled during time periods when overall end user online activity is limited. VeriFone reserves the right to shut down the PAYware Connect Service with no notice should emergency maintenance become necessary. VeriFone reserves the right to remove any user from the PAYware Connect Service should VeriFone determine, in its sole discretion, that the PAYware Connect Service has been compromised or in any way used inappropriately. In extreme cases, removal may occur immediately without prior notification.
DISCLAIMER OF WARRANTIESTHE PAYWARE CONNECT SERVICE (INCLUDING ANY SOFTWARE PROVIDED TO MERCHANT IN CONNECTION THEREWITH (THE “SOFTWARE”)), IS PROVIDED "AS IS”, WITH ALL FAULTS AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. VERIFONE DOES NOT WARRANT THAT THE FUNCTIONS OF THE PAYWARE CONNECT SERVICE OR THE SOFTWARE WILL MEET THE REQUIREMENTS OF MERCHANT. VERIFONE DOES NOT WARRANT THAT THE OPERATION OF THE PAYWARE CONNECT SERVICE OR THE SOFTWARE WILL BE UNINTERRUPTED OR ENTIRELY ERROR FREE. MERCHANT ACKNOWLEDGES THAT UNDER NO CIRCUMSTANCES DOES VERIFONE REPRESENT OR WARRANT THAT ALL PROGRAM ERRORS WITH RESPECT TO THE PAYWARE CONNECT SERVICE OR THE SOFTWARE CAN BE REMEDIED. NO ADVICE OR INFORMATION OBTAINED BY MERCHANT FROM VERIFONE OR FROM ANY THIRD PARTY ABOUT THE PAYWARE CONNECT SERVICE OR THE SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
LIMITATIONS OF LIABILITY. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, EXCEPT TO THE EXTENT PROHIBITED BY LAW: (A) VERIFONE SHALL HAVE NO LIABILITY TO MERCHANT OR ANY THIRD PARTY FOR SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF BUSINESS, LOSS OF PROFITS OR REVENUE, GOODWILL OR SAVINGS, DOWNTIME, OR DAMAGE TO, LOSS OF OR REPLACEMENT OF DATA OR TRANSACTIONS, COST OF PROCUREMENT OF SUBSTITUTE SERVICES) RELATING IN ANY MANNER TO THE PAYWARE CONNECT SERVICE OR SOFTWARE (WHETHER ARISING FROM CLAIMS BASED IN WARRANTY, CONTRACT, TORT OR OTHERWISE), EVEN IF VERIFONE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGE; (B) IN ANY CASE, VERIFONE'S ENTIRE LIABILITY RELATING IN ANY MANNER TO THE PAYWARE CONNECT SERVICE AND THE SOFTWARE, REGARDLESS OF THE FORM OR NATURE OF THE CLAIM, SHALL BE LIMITED IN THE AGGREGATE TO THE FEES ACTUALLY PAID BY MERCHANT FOR THE PAYWARE CONNECT SERVICE UNDER THIS AGREEMENT DURING THE SIX (6) MONTHS PRIOR TO THE CLAIM ARISING; AND (C) VERIFONE SHALL NOT BE LIABLE FOR ANY CLAIMS OF THIRD PARTIES RELATING TO THE PAYWARE CONNECT SERVICE OR THE SOFTWARE, AND MERCHANT SHALL DEFEND VERIFONE FROM, AND INDEMNIFY AND HOLD VERIFONE HARMLESS AGAINST, ALL SUCH CLAIMS. THE LIMITATIONS CONTAINED IN THE DISCLAIMER OF WARRANTIES ABOVE AND THIS SECTION ARE A FUNDAMENTAL PART OF THE BASIS OF VERIFONE'S BARGAIN HEREUNDER, AND VERIFONE WOULD NOT PROVIDE THE PAYWARE CONNECT SERVICE AND THE SOFTWARE TO MERCHANT ABSENT SUCH LIMITATIONS.
Termination. VeriFone may terminate the PAYware Connect Service upon written notice to the Merchant if such Merchant breaches any of the terms of the PAYware Connect Service and fails to cure such breach within thirty (30) days of receipt of notice of such breach.
Upon the expiration or termination of the PAYware Connect Service, Merchant shall immediately discontinue any use of the PAYware Connect Service and the Software. Merchant is responsible for retrieving any data stored with VeriFone prior to any termination date. VeriFone does not provide data retrieval services. Notwithstanding anything to the contrary contained in this Agreement, the above Disclaimer of Warranties and Limitations of Liability sections shall survive any expiration or termination of this Agreement.
General.Merchant acknowledges that the PAYware Connect Service and the Software are proprietary products of VeriFone and that (as between VeriFone and Merchant) ownership of all patents, copyrights, trademarks, trade names and other intellectual property rights relating to the PAYware Connect Service and the Software will remain with VeriFone. The provisions in this Section 19 of the Agreement constitute the entire agreement between VeriFone and Merchant, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, relating to the subject matter hereof. The provision of the PAYware Connect Service, including any Software, is governed by the laws of the State of California, without regard to its conflict of law provisions. Merchant consents to the exclusive jurisdiction and venue of the appropriate courts in Santa Clara County, California for all disputes strictly arising out of, or directly relating to, the provision of the PAYware Connect Service and any Software. VeriFone may assign or delegate the provision of the PAYWare Connect Service, or any of its rights or obligations hereunder, in its sole discretion and without notice to the Merchant. No amendment or waiver of the terms and conditions of the provision of the PAYware Connect Service, as set forth herein, will be binding upon VeriFone unless it has been agreed to in writing. If any provision of the PAYware Connect Service, including any Software, is found by a court of competent jurisdiction to be invalid, Merchant agrees that the court should endeavor to give the maximum effect to both parties' intentions as reflected in the provision, and that the other provisions of the PAYware Connect Service, including any Software, shall remain in full force and effect. Notices desired or required to be made by VeriFone to Merchant under the PAYware Connect Service (e.g., notices of amendments to the PAYware Connect Service or Software, etc.) shall be provided by Capital One upon access of the PAYware Connect Service.
Except as expressly set forth in this Agreement, this Agreement is a complete statement of the agreement between You and Capital One, and sets forth the entire liability of Capital One, its affiliates and licensors, and Your exclusive remedy with respect to the Spark Pay Services and their use. Any waiver of the terms herein by Capital One must be in a writing signed by an authorized officer of Capital One, and expressly reference the terms of this Agreement. If any provision of this Agreement is invalid or unenforceable under applicable law, then it shall be changed and interpreted to accomplish the objective of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect. Unless otherwise required by law, any action or proceeding by You to enforce an obligation, duty or right under this Agreement or by law must commence within one (1) year after the cause of action arises. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by Us without restriction. Any provision that is reasonably necessary to accomplish or enforce the purpose of this Agreement will survive and remain in effect in accordance with its terms upon the termination of this Agreement.
Effective Date: December 23, 2014
Electronic Communications Disclosure Policy
Last Update: February 28, 2013
This policy describes how Spark Pay delivers communications and disclosures to you in electronic format only. We may add to, change or delete any of these terms at any time by posting a revised version of the policy on our website (www.sparkpay.com), or sending you a notice by email or in writing. The revised version will be effective immediately as of its posting.
1. Electronic delivery of communications
By agreeing to our E-consent policy, you agree and consent to receive in electronic format all communications, agreements, documents, notices, billing statements and disclosures (collectively, "Communications") that we provide in connection with your Spark Pay account ("Account") and your use of our services. These Communications typically will not be provided in paper. You also agree that your electronic signature on any agreements or documents on Spark Pay has the same effect as a physical signature.
We will provide these Communications to you by posting them on the Spark Pay website and/or by emailing them to you at the email address listed in your Spark Pay profile. You may obtain paper copies of any Communications by printing them out, or by contacting us and requesting that we mail paper copies to the address listed in your Account profile.
2. Electronic Communications requirements
In order to access and retain electronic Communications, you will need the following computer hardware and software:
We will notify you if there are any changes to the hardware or software needed to receive electronic Communications from Spark Pay. By giving your consent to our policy, you are confirming that you have access to the necessary equipment and are able to receive, open, and print or download a copy of any Communications for your records. You may print or save a copy of any of these Communications for your records, as they may not be accessible online at a later date.
3. Withdrawal of consent
You may withdraw your consent to receive Communications in electronic format at no cost to you by emailing us at email@example.com.
If you fail to provide, or if you withdraw, your consent to receive Communications in electronic format, Spark Pay reserves the right to deny your application for an Account, restrict or deactivate your Account, or close your Account.
4. Requesting paper copies of electronic Communications
If after you consent to receive Communications electronically, you would like a paper copy of a Communication we previously sent you, you may request a copy within 180 days of the date we provided the Communication to you by contacting us as described above. We will send your paper copy to you by U.S. mail to the street address on file as your "Home Address" in your Account profile. We reserve the right to impose a fee for copies.
5. Updating your contact information
It is your responsibility to keep your email address up-to-date so that Spark Pay can communicate with you electronically. You understand and agree that if Spark Pay makes available or sends you an electronic Communication but you do not receive it because your email address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, Spark Pay will be deemed to have provided the Communication to you.
Please note that if you use a spam filter that blocks or re-routes emails from senders not listed in your email address book, you must add Spark Pay to your email address book so that you will be able to receive the Communications we send you.
You can update your email address or street address at any time by logging into the Spark Pay website and visiting the "Account" tab. If your email address becomes invalid such that electronic Communications sent to you by Spark Pay are returned, Spark Pay may deem your Account to be inactive, and you will not be able to transact any activity using your Spark Pay Account until we receive a valid, working email address from you.
When you visit the Spark Pay website, we collect your IP address and standard web log information, such as your browser type and the pages you accessed on our website.
When you create an account, we collect the following types of information from you:
- Owner information - owner name, date of birth, address, phone, email, and other similar information.
- Business Information - business name, business address, industry, Federal Tax ID number (if applicable), and other similar information.
When you use or access your Spark Pay account, we may collect additional information, including:
- Bank account and payment card numbers to enable settlement, other relevant information about the financial institutions you use to conduct business.
- The location and other details related to your account transactions, including information about your device.
Before permitting you to use our service, we may require you to provide additional information we can use to verify your identity or address or manage risk, such as your complete social security number or other information. We may also obtain information about you from third parties such as credit bureaus and identity verification services.
Finally, we may collect additional information from or about you in other ways not specifically described here. For example, we may collect information related to your contact with our customer support team or store results when you respond to a survey.
When you access our website, we, or companies we hire to track how our website is used, may place small data files called "cookies" on your computer.
We send a "session cookie" to your computer when you log in to your account. This type of cookie helps us to recognize you if you visit multiple pages on our site during the same session, so that we don't need to ask you for your password on each page. Once you log out or close your browser, this cookie expires and no longer has any effect. If you choose, you can set your website browser to inform you when cookies are sent or you may choose not to accept cookies. Your decision not to accept cookies could limit access to some of the services and offers that are available on our website. For example, your device may not be recognized when you visit our website. You also may not receive advertising or other offers from us that may be of interest to you.
Spark Pay or Capital One may contract with advertising companies to advertise our products and services on websites and mobile apps not affiliated with us. We may use certain online or mobile activity data and information provided by you to these third party websites to select which of our advertisements or offers may appeal to you, display them to you and monitor your responses.
Spark Pay does not engage in the collection of personally identifiable information about you as you move across different web sites or online services over time and our website does not respond to browser “do not track” signals. Certain Spark Pay or Capital One partners, however, may use unique cookies to collect certain mobile or online activity data on our website or mobile applications to advertise on third party websites Capital One products and services that may be of interest to you. Our partners are subject to their own privacy policies.
Throughout this policy, we use the term "personal information" to describe information that can be associated with a specific person and can be used to identify that person. We do not consider personal information to include information that has been anonymized so that it does not identify a specific user.
We store and process your personal information on our computers in the US, and we protect it by maintaining physical, electronic and procedural safeguards that both meet and exceed applicable US federal and state regulations. We use computer safeguards such as firewalls and data encryption, we enforce physical access controls to our buildings and files, and we authorize access to personal information only for those employees who require it to fulfill their job responsibilities.
We do not sell or rent your personal information with anyone for promotional or marketing purposes. Our primary purpose in collecting personal information is to provide you with a safe, smooth, efficient, and customized experience. We may use your personal information to:
- Provide the services and customer support you request;
- Process transactions and send notices about your transactions;
- Resolve disputes and troubleshoot problems;
- Prevent potentially prohibited or illegal activities;
- Customize, measure, and improve our services and the content and layout of our website;
- Compare information for accuracy and verify it with third parties.
We may share your personal information with:
- Service providers under contract who help with parts of our business operations (fraud prevention, bill collection, marketing, technology services). Our contracts dictate that these service providers only use your information in connection with the services they perform for us and not for their own benefit.
- Financial institutions that allow us to process your transactions that we partner with to jointly create and offer products or services.
- Credit bureaus to report outstanding negative balance accounts, as allowed by law.
- Law enforcement, government officials, or other third parties when:
- we are compelled to do so by a subpoena, court order or similar legal procedure
- we need to do so to comply with law
- we believe in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report suspected illegal activity, or to investigate violations of our User Agreement.
- Other third parties with your consent or direction to do so.
Links to Other Web Sites
Effective Date: March 7, 2013
Fees And Disclosures
|Description||Spark Pay Charge / Fee|
Go Plan Transaction Fee(American Express, Discover, MasterCard and VISA)
|The 2.65% “Card Present” percentage rate shown refers to the swipe rate for Visa, MasterCard, and Discover cards for each transaction. The 3.7% “Card Not Present” percentage rate shown refers to the keyed-entered rate for these card types. American Express transactions have a 3.7% “Card Present” swipe rate as well as a 3.7% “Card Not Present” key entered rate.|
Pro Plan Transaction Fee(American Express, Discover, MasterCard and VISA)
|The 1.99% “Card Present” percentage rate shown refers to the swipe rate for Visa, MasterCard, and Discover cards for each transaction. The 2.8% “Card Not Present” percentage rate shown refers to the keyed-entered rate for these card types. American Express transactions have a 2.8% “Card Present” swipe rate as well as a 2.8% “Card Not Present” key entered rate.|
Monthly Subscription Fee
|The Spark Pay Pro Plan monthly subscription fee is $19.00 per month. The monthly fee is debited from the checking account linked with the merchant’s Spark Pay account and billing repeats on a 1-month cycle.|
|Chargeback Fee||In the event that a merchant’s transaction is disputed by the customer or customer’s card issuer (known as a chargeback) the merchant will be charged a $15.00 chargeback fee for Spark Pay to manage the dispute.|
|Card Reader||Following enrollment, one Spark Pay card reader is shipped to the merchant at no cost to the merchant. Upon request, replacement and/or additional card readers are available at no additional cost for active Spark Pay customers (up to 3 card readers). Cost for additional card readers after the first 3 is $13 per reader including standard shipping.|
|$50 Bonus||To qualify for the $50 account opening bonus, you must open a Spark Pay account and process a minimum of $5,000 in transactions within the first 3 billing cycles of your account. Billing cycle will begin on the date of account opening. If you are eligible, we will credit the checking account you have linked to your Spark Pay services within 2-4 weeks after the transaction minimum has been met. Offer cannot be combined with any other offer. Limit one per customer.|