Business Terms


MERCHANT TERMS AND CONDITIONS 

Effective date 05/11/2018 

These Merchant Terms and Conditions (the “Terms and Conditions”) govern and are incorporated into the RelyCircle Merchant Agreement between RelyCircle and Merchant (collectively, the "Agreement"). RelyCircle, subject to the provisions of this paragraph, may amend the Agreement in its sole discretion and at any time. 

Definitions 

"Business Registration/Listing" means the Merchant specific business information and photos being listed on RelyCircle website and Mobile Application.

"Recommendation Codes" means the Merchant specific unique codes RelyCircle will provide to merchant at no cost for distribution to its customers only; via free use of e-mail and text tools.

“Free E-mail and Text Marketing tools" means free (for life) access to the E-mail and Text Marketing tools available on the RelyCircle free business account to all business users of the RelyCircle Business App.

"Coupons" means a ticket or document (paper or electronic) that can be redeemed for a financial discount or rebate when purchasing a product or service.

“Coupon Validation” means a process the merchant will follow on RelyCircle website or RelyCircle Mobile App. Validation will include clicking the validation button on the site or scanning the coupon using the Mobile Application.

  “Referral Fees" means the amount charged by RelyCircle on redemption of Promotions/Coupons, and sales of Offers and Certificates.

"PROMOTIONAL VALUE EXPIRATION DATE" means the date stated on the Voucher when the Promotional Value expires. 

"REMITTANCE AMOUNT" means the amount RelyCircle shall remit to Merchant for each Voucher, subject to the payment terms. 

  1. Free Business RegistrationRelyCircle will add Merchant information based on information provided by the Merchant and/or information published on the Merchants site. RelyCircle will use information on its site on day of registration and the merchant will be responsible to inform RelyCircle of any changes or use the RelyCircle Business app to make the changes themselves. Merchant can e-mail support@relycircle.com and request for changes at any time. There is no cost or fee to register the business and no contract for listing the Merchant.

  2. Recommendation Codes 
     RelyCircle as needed will provide multiple unique referral codes at no cost to Merchant; for distribution to its customers via free e-mail and text tools. Merchant agrees that these referral codes will only be distributed to its customer and will not solicit non-customers to use the referral codes in order to write recommendations of its business. Merchant understands and agrees that RelyCircle will audit the e-mail/text distribution and may anytime remove the Merchant listing from its site and app at its sole discretion.

  1. Coupons
    RelyCircle offers the Merchant to post discount coupons (For ex: Free Registration (Valued at $150.00 if registered by July 30th 2019) at no posting cost. Merchant can post coupons at no cost and will only pay the agreed referral fee cost. Merchant agrees to validate or scan the coupon via the Free Merchant Web Dashboard or Free Mobile App and agrees to be billed and pay the agreed amount on Order Form for every coupon fulfilled per agreed terms. 

  1. TryUsOffers and Certificates
    "RelyCircle Offers" and "RelyCircle Certificates" are vouchers which are redeemable for Merchant's products or services. RelyCircle Offers and RelyCircle Certificates may be marketed and sold through any of RelyCircle's websites, mobile applications, and partner platforms.

RelyCircle Certificates allow the holder to apply the purchase price toward Merchant's products and services (e.g., $100 for $100 worth of products) or for a specified product or service (e.g., $250 for a Landscaping service).

RelyCircle Offers are equivalent to RelyCircle Certificates, but include an additional promotional component for no additional consideration. The promotional component is the difference between the maximum redemption value indicated on the RelyCircle Offer and the paid component, which is the amount paid for the RelyCircle Offer. For example, a RelyCircle Offer offering "$20 for $30 worth of services" has a promotional component of $10 worth of services in addition to the paid component of $20 worth of services.

In offering a RelyCircle Offer or RelyCircle Certificate  on RelyCircle's website, Merchant will select various available terms and conditions to which the RelyCircle Offer or RelyCircle Certificate will be subject, such as the price and special restrictions. Any subsequent modifications that the Merchant makes will only affect RelyCircle Offers or RelyCircle Certificates that are sold going forward (and will not change those sold prior to such modification).

  1. Redemption: Merchant agrees to allow anyone with a RelyCircle Offer or RelyCircle Certificate (a “Holder”) to redeem it in accordance with its terms and these Merchant Terms. Merchant is prohibited from adding additional terms after the time of purchase or at the time of redemption. Merchant further acknowledges and agrees that:

    1. Roles and Responsibilities: RelyCircle is not responsible for redeeming RelyCircle Offers or RelyCircle Certificates. Merchant will ensure that RelyCircle Offers and RelyCircle Certificates can be redeemed immediately upon purchase whether in printed or electronic form. Merchant alone is responsible for all aspects of redemption, including all costs, customer service issues, and record-keeping (e.g., tracking balances and voiding fully redeemed RelyCircle Offers and RelyCircle Certificates. 

    2. No expiration: RelyCircle Certificates do not expire and can be redeemed at any time. RelyCircle Offers, on the other hand, expire only as to the promotional component, which may only be redeemed during the promotional period. The promotional period ends on the date indicated on the RelyCircle Offer, or if no end date is indicated, 120 Days from the date it is purchased. The paid component does not expire and can be redeemed at any time. 

    3. Partial Redemptions: If a RelyCircle Offer or RelyCircle Certificate is redeemed for less than the amount that is paid for it, Merchant will refund or credit the difference without expiration, as indicated on the RelyCircle Offer or RelyCircle Certificate, or as otherwise required by law. Merchant is not required to refund or credit any unused portion of the promotional component of a RelyCircle Offer except as required by law. Unless otherwise prohibited by law, Merchant may choose to allocate partial redemptions for a RelyCircle Offer against the paid component first before the promotional component.

    4. Taxes and Gratuity: RelyCircle Offer and RelyCircle Certificates that are redeemable for specified products or services (e.g., $250 for a Landscaping service) must include all applicable taxes. RelyCircle Offers and RelyCircle Certificates that are redeemable toward the purchase price of unspecified products and services (e.g., $100 for $100 worth of products) must be redeemable toward taxes and gratuity.

 E. Fees and Payment

  1. Merchant Revenue. "Merchant's Revenue" is the percentage set forth for a RelyCircle Offer or RelyCircle Certificate reflecting the portion of the Gross Revenue associated with the sale of such RelyCircle Offer or RelyCircle Certificate to which Merchant is entitled under these Merchant Terms. "Gross Revenue" means the total number of RelyCircle Offers or RelyCircle Certificates sold less any refunds made by RelyCircle and any chargebacks and outstanding unpaid amounts owed by Merchant to RelyCircle. A "chargeback" is the mandatory return of funds to a purchaser of a RelyCircle Offer or RelyCircle Certificate, as initiated by the purchaser's issuing bank, and regardless of whether such return of funds is contested by RelyCircle or not.
    Unless otherwise agreed upon by the parties, RelyCircle will remit Merchant's Revenue by check to Merchant once a month. RelyCircle will retain the remaining percentage of the Gross Revenue as compensation to RelyCircle for its promotional and reward and other fulfillment obligations under these Merchant Terms. RelyCircle will be responsible for the credit card processing fees. Merchant agrees to provide RelyCircle with a properly filled-out W-9 Form prior to and a condition of receiving the Merchant Revenue.

  2. Refunds. RelyCircle may refund (Not beyond 7 Days in most cases) any and all purchases of RelyCircle Offers and RelyCircle Certificates at its sole discretion. Merchant disclaims the Merchant Revenue attributable to all such refunded purchases ("Refund Share"). Merchant will repay the Refund Share to RelyCircle immediately upon invoice. In the alternative, RelyCircle may at its sole discretion offset the Refund Share against any other amounts owed by RelyCircle to Merchant whether in connection with these Merchant Terms or any other services provided by RelyCircle to Merchant.

F. Miscellaneous

Anyone agreeing to these Merchant Terms on behalf of Merchant represents that he or she has full legal authority to bind Merchant to, and authorize payments under, these Merchant Terms. Notices under the Merchant Terms will be sent to Merchant at the contact information associated with the Merchant's "Business Account" on the Site. The Merchant Terms embody the entire understanding between the parties respecting the subject matter of herein, and supersede any and all prior related oral or written representations, agreements, and communications between the parties on the same matter.