Payment Terms of Service

Payment Terms of Service for OnlyMaids Non-European Users

Last Updated: August 24, 2023

These Payment Terms of Service for OnlyMaids Non-European Users (“Payment Terms”) constitute a legally binding agreement between you and OnlyMaids Payments, governing the Payment Services (defined below) conducted through or in association with the OnlyMaids Platform. When these Payment Terms refer to “OnlyMaids Payments,” “we,” “us,” or “our,” they pertain to the OnlyMaids Payments entity responsible for providing Payment Services.

OnlyMaids Payments offers payment services to Members engaged in offering, booking, and providing professional services, including services related to the Open Homes Program and other present and future services offered via the OnlyMaids Platform. These payment services encompass (where available) the following services collectively referred to as “Payment Services”:

Collecting Payments from Customers (“Payin”): This involves charging the payment method linked to their OnlyMaids account, including credit cards, debit cards, bank accounts, or PayPal accounts (“Payment Method”).
Making Payments to Service Providers (“Payout”): This entails transferring payments to the financial instrument associated with the Service Provider’s OnlyMaids account, such as a PayPal account, bank account, prepaid card, or debit card (“Payout Method”).
Facilitating Payments to a Third-Party Payout Method Designated by a Service Provider.
Collection and Transfer of Charitable Donations.
Payment Collection Services.
Other Payment-Related Services Connected to Professional Services.

To utilize the Payment Services, you must be at least 18 years old, maintain an OnlyMaids account in good standing in accordance with the OnlyMaids Terms of Service (“Terms”), and ensure the accuracy and completeness of your payment and personal information.

Your use of the Payment Services
Customer (“end user”) Terms
Professional Service Provider Terms
Appointment of OnlyMaids Payments as Limited Payment Collection Agent
General Terms
Damage Claims and Damage Amounts
Abandoned Property
Prohibited Activities
Force Majeure
Disclaimers
Liability
Indemnification
Modification, Term, Termination, and other Measures
Governing Law and Dispute Resolution
United States Arbitration Agreement
Miscellaneous
Additional Clauses for Users Contracting with OnlyMaids Payments UK
Additional Clauses for Users Contracting with OnlyMaids Brazil
Additional Clauses for Users Contracting with OnlyMaids China
Additional Clauses for Users that are Businesses
Contacting OnlyMaids Payments

Your Use of the Payment Services

1.1 OnlyMaids Payment Services. By using the Payment Services, you agree to comply with these Payment Terms. OnlyMaids Payments may temporarily limit or suspend your access to or use of the Payment Services, or its features, to carry out maintenance measures that ensure the proper functioning of the Payment Services. OnlyMaids Payments may improve, enhance and modify the Payment Services and introduce new Payment Services from time to time. OnlyMaids Payments will provide notice to Members of any changes to the Payment Services, unless such changes do not materially increase the Members’ contractual obligations or decrease the Members’ rights under these Payments Terms.

1.2 Third-Party Services. The Payment Services may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services are subject to different terms of service and privacy policies, and Members should review them. OnlyMaids Payments is not responsible or liable for the use of such Third-Party Services. Links to any Third-Party Services are not an endorsement by OnlyMaids Payments of those Third-Party Services.

1.3 Your OnlyMaids Account. OnlyMaids Payments may enable features that allow you to authorize other Members or third parties to take certain actions that affect your OnlyMaids account. You may authorize a third party to use your OnlyMaids account if the feature is enabled for your OnlyMaids account. You acknowledge and agree that anyone you authorize to use your OnlyMaids account may use the Payment Services on your behalf and that you will be responsible for any payments made by such person.

1.4 Verification. You authorize OnlyMaids Payments, directly or through third parties, to make any inquiries we consider necessary to verify your identity and information you provide. This may include (i) screening you against third-party databases or other sources, (ii) requesting reports from service providers, (iii) asking you to provide a form of government identification (e.g., driver’s license or passport), your date of birth, your address, and other information; or (iv) requiring you to take steps to confirm ownership of your email address, Payment Method(s) or Payout Method(s). OnlyMaids Payments reserves the right to terminate, suspend, or limit access to the Payment Services in the event we are unable to obtain or verify any of this information.

1.5 Additional Terms. Your access to or use of certain Payment Services may be subject to, or require you to accept, additional terms and conditions. If there is a conflict between these Payments Terms and terms and conditions applicable to a specific Payment Service, the latter terms and conditions will take precedence with respect to your use of or access to that Payment Service, unless specified otherwise.

2. Customer (end user) Terms

2.1 Adding a Payment Method. When you add a Payment Method to your OnlyMaids account, you will be asked to provide billing information such as name, billing address, and financial instrument information either to OnlyMaids Payments or its third-party payment processor(s). You authorize OnlyMaids Payments and its payment service providers to collect and store your Payment Method information.

2.2 Payment Method Verification. When you add or use a new Payment Method, OnlyMaids Payments may verify the Payment Method by (i) authorizing your Payment Method for one or two nominal amounts via a payment service provider, and asking you to confirm those amounts, or (ii) requiring you to upload a billing statement. We may, and retain the right to, initiate refunds of these amounts from your Payment Method. When you add a Payment Method during checkout, we will automatically save and add that Payment Method to your OnlyMaids account so it can be used for a future transaction. You may not remove the Payment Method associated with a reservation during the period commencing from the date of your booking and ending fourteen (14) days following your check-out date, nor during any additional period of time needed to resolve any outstanding Damage Claim associated with such booking.

2.3 Payment Authorization. You allow OnlyMaids Payments to charge your Payment Method (including charging more than one payment method), either directly or indirectly, for all fees due (including any applicable taxes) in connection with your OnlyMaids account, including Damage Claim amounts in accordance with the Terms and with Section 6.

2.4 Automatic Update of Payment Method. If your Payment Method’s account information changes (e.g., account number, routing number, expiration date) as a result of re-issuance or otherwise, we may acquire that information from our financial services partners or your bank and automatically update your Payment Method on file.

2.5 Timing of Payment. OnlyMaids Payments typically processes the Total Amount due once your service request is accepted by the Service Provider. However, if you opt to pay using an instant Payment Method, such as InstantPay, OnlyMaids Payments will collect the Total Amount due at the time of your service request or following the Service Provider’s acceptance of your request. OnlyMaids Payments may offer alternative options for payment timing and methods. Any additional fees associated with these alternatives will be clearly displayed on the OnlyMaids Platform and will be included in the Total Amount due. By selecting an alternative payment option, you agree to the associated fees and terms.

2.6 Currency. OnlyMaids Payments will process each transaction in the currency of your choice, as selected via the OnlyMaids Platform. Currency options may be limited based on factors such as your selected Payment Method and your country of residence. Any such limitations will be communicated on the OnlyMaids Platform, prompting you to choose an available currency or Payment Method. Please note that if the location of OnlyMaids Payments differs from your Payment Method’s country, or if your selected currency differs from your Payment Method’s billing currency, your payment may be processed outside your country of residence. This may result in additional fees, and the amount shown on your billing statement may differ from the amount displayed at checkout. For example, if you use a U.S.-issued card but choose to pay in Euros, your payment may be processed outside the U.S., potentially incurring international transaction and foreign exchange fees imposed by banks and credit card companies. Additionally, if you select a currency different from your Payment Method’s billing currency, your bank or credit card company may convert the payment amount based on their exchange rate and fee structure, for which OnlyMaids Payments holds no responsibility. Any inquiries regarding these fees or exchange rates should be directed to your bank or credit card company.

2.7 Service Request Status. If a requested service is declined by the Service Provider, if you cancel the service request before it is accepted by the Service Provider, or if OnlyMaids cancels the request, any amounts collected by OnlyMaids Payments and owed to you per the policies outlined in Section 5.5 will be refunded to you. Any pre-authorizations on your Payment Method will be released (if applicable) in accordance with Section 5.5.2.

2.8 Payment Restrictions. OnlyMaids Payments reserves the right to decline or limit payments that we believe may (i) contravene OnlyMaids Payments’ risk management policies or procedures, (ii) violate these Payment Terms or the OnlyMaids Terms of Service, (iii) are unauthorized, fraudulent, or illegal, or (iv) present unacceptable risks to you, OnlyMaids, OnlyMaids Payments, or other parties.

2.9 Payment Service Providers. Payment Methods may involve the use of third-party payment service providers, who may charge you additional fees for processing payments related to the Payment Services. OnlyMaids Payments is not responsible for such fees and disclaims any liability in this regard. Your Payment Method may also be subject to additional terms of use, which should be reviewed before using your Payment Method.

2.10 Your Payment Method, Your Responsibility. OnlyMaids Payments is not liable for any losses incurred by you due to inaccurate Payment Method information provided by you.

2.11 Different Ways to Pay

2.11.1 Payment Plan

2.11.1.1 OnlyMaids Payments may offer Customers the option to use a “Payment Plan,” allowing them to pay a portion of the Total Amount for a requested service at the time of booking and the remaining balance at a later time before the scheduled service date. The availability of this Payment Plan option may depend on the specific service Listing and the chosen Payment Method.

2.11.1.2 If you opt for a Payment Plan, the OnlyMaids Platform will provide clear notifications during the checkout process, specifying the amount, currency, and schedule for each payment installment. On the scheduled payment dates, OnlyMaids Payments will automatically charge the original Payment Method used for the initial booking.

2.11.1.3 Should you make any modifications to a service request associated with a Payment Plan, OnlyMaids Payments will promptly notify you of any changes to the payment schedule, if applicable. If these modifications result in an increased Total Amount, you may be required to make an additional partial payment to cover the updated Total Amount at the time of the modification.

2.11.1.4 It’s important to note that by selecting a Payment Plan, you may not have the option to use a different Payment Method or payment schedule for your booking.

2.11.1.5 In the event that OnlyMaids Payments encounters difficulty in collecting a payment from you under the Payment Plan, we will notify you of the declined payment and request you to complete the payment using an alternative Payment Method within 72 hours of receiving the notice. Failure to complete the payment will result in OnlyMaids canceling the booking on your behalf. In case of cancellation, any applicable fees will be based on the Service Provider’s cancellation policy, and you acknowledge that fees may be incurred as per the Service Provider’s terms.

2.11.2 Recurring Payments

2.11.2.1 For certain service requests, particularly those with longer durations (such as services lasting twenty-eight (28) days or more), OnlyMaids Payments may implement a “Recurring Payments” system. This system requires Customers to make regular, incremental payments toward the Total Amount owed for the service. Specific details regarding Recurring Payments, including the payment amounts and frequency, will be available on the OnlyMaids Platform if this option is applicable to your service request.

2.11.2.2 When Recurring Payments apply to a confirmed service request, you authorize OnlyMaids Payments to collect the Total Amount due in accordance with the provided schedule.

2.11.2.3 Customers have the option to stop a Recurring Payment by notifying OnlyMaids Payments orally or in writing at least three (3) business days before the scheduled payment date. OnlyMaids Payments may require written confirmation of the stop-payment request within fourteen (14) days of receiving oral notification. Failure to provide written confirmation within this timeframe may release OnlyMaids Payments from the obligation to honor your request to halt any future Recurring Payments. If you have any questions regarding Recurring Payments, please reach out to OnlyMaids Payments directly.

3. OnlyMaids Provider Terms

3.1 Payment Collection. OnlyMaids Payments typically collects the Total Price for a booked service at the time the Customer’s service request is accepted by the Provider, unless otherwise specified.

3.2 Valid Payout Method. To receive a Payout, you must have a valid Payout Method linked to your OnlyMaids account. When you add a Payout Method to your OnlyMaids account, you’ll be required to provide information such as your name, government identification, tax ID, billing address, and financial instrument information to OnlyMaids Payments or its third-party payment processor(s). Depending on the selected Payout Method, additional information may be necessary, such as your residential address, name on the account, account type, routing number, account number, email address, payout currency, identification number, and specific account details related to a particular payment processor. Providing the requested information is essential for a Payout Method to be considered valid. The information required for a valid Payout Method may change, and OnlyMaids Payments may request additional information at any time. Failure to provide requested information may result in OnlyMaids Payments temporarily placing a hold, suspending, or canceling any Payout until the information is provided and, if necessary, validated. By using OnlyMaids Payments, you authorize us to collect and securely store your Payout Method information. Additionally, OnlyMaids Payments may share your information with relevant governmental authorities as required by applicable law.

3.3 Timing of Payout

3.3.1 OnlyMaids Payments will typically initiate Payouts to your selected Payout Method under the following conditions: (i) for Services, 24 hours after the scheduled start time of the service; (ii) for ongoing services (e.g., recurring cleaning), according to the schedule specified on the OnlyMaids Platform; and (iii) for all other Service Types, at the time specified through the OnlyMaids Platform. For service requests lasting twenty-eight (28) days or more, OnlyMaids Payments will generally initiate the first Payout 24 hours after the scheduled start time, and subsequent Payouts will occur every 30 days after the initial Payout, for the duration of the service.

3.3.2 OnlyMaids Payments may offer alternative Payout times or triggers subject to additional terms and conditions. The time it takes to receive Payouts once initiated by OnlyMaids Payments may vary depending on the selected Payout Method.

3.4 Payout. Your Payout for a completed service will be the Total Price, reduced by applicable fees such as OnlyMaids service fees and relevant taxes. In the event of a Customer cancellation, OnlyMaids Payments will process the amount due to you (if any) as outlined in the Terms and the applicable cancellation policy.

3.5 Payout Restrictions. OnlyMaids Payments may temporarily place a hold, suspend, or cancel any Payout to prevent unlawful activities, detect fraud, conduct risk assessments, ensure security, or facilitate an investigation. This may also occur if we are unable to verify your identity or obtain necessary requested information. Furthermore, OnlyMaids Payments may temporarily place a hold, suspend, or delay initiating or processing any Payout due to you under the Terms, particularly in cases of high volumes of booking cancellations or modifications resulting from a Force Majeure Event (as defined below).

3.6 Currency Conversion. OnlyMaids Payments will remit your Payouts in the currency you select via the OnlyMaids Platform. Currency options may be limited due to regulatory or operational factors, depending on your chosen Payout Method, your country of residence, and/or OnlyMaids contracting entity(ies). Any such limitations will be communicated through the OnlyMaids Platform, and you will have the opportunity to select an alternative currency or Payout Method. Keep in mind that payment service providers may impose transaction fees, currency conversion fees, or other charges based on your selected currency or Payout Method. OnlyMaids Payments is not liable for any such fees and disclaims all responsibility in this regard.

3.7 Payout Limits. For compliance or operational purposes, OnlyMaids Payments may impose limits on the amount of a Payout. If you are entitled to an amount exceeding that limit, OnlyMaids Payments may distribute your Payout in multiple installments (possibly over several days) to fulfill the total Payout amount.

3.8 Payment Service Providers. Payout Methods may involve the participation of third-party payment service providers. These providers may impose additional fees when handling Payouts associated with the Payment Services, which may include deductions from the Payout amount. OnlyMaids Payments is not responsible for these fees and disclaims all liability in this regard. Your Payout Method may also be subject to additional terms of use. Please review these terms before using your Payout Method.

3.9 Handling of Funds. OnlyMaids Payments may pool funds received from Customers and invest them in accordance with applicable laws. OnlyMaids Payments retains any interest earned on these investments.

3.10 Your Payout Method, Your Responsibility. OnlyMaids Payments is not responsible for any losses you incur due to incorrect Payout Method information provided by you.

3.11 Different Ways to Get Paid

3.11.1 Split Payouts

If you, as a Provider, offer services in collaboration with one or more other Providers as part of a team, business, or organization (“Provider Team”), OnlyMaids may provide the option for these Providers to allocate the total Provider Payout for a service among the Provider Team members. OnlyMaids Payments will process such payments based on the instructions of one or more Provider Team members and shall not be liable for any losses resulting from errors or omissions made by the Providers when providing these payment instructions.

4. Appointment of OnlyMaids Payments as Limited Payment Collection Agent

4.1 Each Provider, including each Provider Team member, hereby designates OnlyMaids Payments as their limited payment collection agent solely for the purpose of accepting and processing funds from Customers who purchase services on behalf of the Provider.

4.2 Each Provider, including each Provider Team member, agrees that payments made by a Customer through OnlyMaids Payments shall be considered as if the Customer had paid the Provider directly. In return, the Provider commits to delivering the booked service to the Customer as agreed upon, as if the Provider had received the payment directly from the Customer. Each Provider acknowledges that OnlyMaids Payments may refund the Customer in accordance with the Terms. Each Provider understands that OnlyMaids Payments’ obligation to provide Payouts is subject to the successful receipt of payments from Customers. OnlyMaids Payments guarantees payments to Providers solely for amounts successfully received from Customers in accordance with these Payment Terms. By accepting the appointment as the limited payment collection agent of the Provider, OnlyMaids Payments assumes no responsibility for any acts or omissions of the Provider.

4.3 Each Customer acknowledges and agrees that, despite the fact that OnlyMaids Payments is not a party to the agreement between you and the Provider(s), including each Provider Team member, OnlyMaids Payments acts as the payment collection agent of each Provider solely for the purpose of accepting payments from you on behalf of the Provider(s). When you make payments to OnlyMaids Payments, your payment obligation to the Provider(s) for the agreed-upon amount is fulfilled, and OnlyMaids Payments is responsible for remitting the funds successfully received to the Provider(s) as outlined in these Payment Terms. In the event that OnlyMaids Payments does not remit any such amounts, the Provider(s) will only have recourse against OnlyMaids Payments and not directly against you.

This Section 4 is subject to exceptions provided in Section 19.2 for Providers, including each Provider Team member, contracting with OnlyMaids in specific regions.

5. General Terms

5.1 Service Fees. OnlyMaids Payments may impose fees for the utilization of specific Payment Services. Any applicable fees will be disclosed in the Terms or through the OnlyMaids Platform.

5.2 Payment Authorization. By using OnlyMaids Payments, you grant authorization for OnlyMaids Payments to collect amounts due as per these Payment Terms and/or the Terms. This authorization may be executed by either (i) charging the Payment Method linked to the relevant service request, or any other authorized Payment Method saved in your OnlyMaids account (unless you have previously revoked authorization to charge such Payment Method(s)), or (ii) offsetting the amount from your future Payout. Specifically, you authorize OnlyMaids Payments to collect from you:

Any sums owed to OnlyMaids or OnlyMaids Payments (e.g., due to your service requests, Service Modifications, cancellations, or other actions as a Customer, Provider, or user of the OnlyMaids Platform), including reimbursements for costs advanced by OnlyMaids or OnlyMaids Payments on your behalf. Any funds collected by OnlyMaids Payments will offset the amount you owe to OnlyMaids or OnlyMaids Payments, fulfilling your obligation to OnlyMaids or OnlyMaids Payments.
Any amounts owed to a Provider by a Customer which OnlyMaids collects as the Provider’s payment collection agent, as further detailed in Section 4 above.
Taxes, if applicable and as specified in the Terms.
Any amounts you pay through the Resolution Center related to your OnlyMaids account.
Any Damage Claim amounts owed to OnlyMaids or OnlyMaids Payments in accordance with the Terms and Section 6.
Overstay penalties, including any costs and expenses incurred in the process of collecting the overstay penalty, as outlined in the Terms.
Any service fees or cancellation fees applied pursuant to the Terms (e.g., if you cancel a confirmed service request as a Customer).
Any amounts already disbursed to you as a Provider, notwithstanding a Customer’s cancellation of a confirmed service request or OnlyMaids’s decision to cancel a booking in line with the Terms, Rebooking and Refund Policy, Experiences Customer Refund Policy, Extenuating Circumstances Policy, Luxe Rebooking and Refund Policy, or another applicable cancellation policy. You consent that, in the event you have already received payment, OnlyMaids Payments is entitled to recover any such Customer refund from you, including by deducting this refund amount from any future Payouts owed to you.
For any outstanding amounts such as Payment Plan or Recurring Payment charges, Service Modifications, Resolution Center payments, or Damage Claims (“Additional Amounts”), you authorize OnlyMaids Payments to collect payments for these Additional Amounts by charging your Payment Method associated with the relevant service request without any further action on your part. OnlyMaids Payments will inform you in writing before charging any Additional Amounts.

If your Payment Method linked to the relevant service request is found to be expired, invalid, or for any reason unable to be charged (e.g., due to insufficient funds), you remain responsible for any uncollected amounts, and OnlyMaids Payments may attempt to charge the Payment Method related to your service request again or utilize any other Payment Method on file connected to your OnlyMaids account, if available, to collect these Additional Amounts. Any amount not collected for any reason will be subject to any available remedies, including but not limited to referral to a collections agency or the pursuit of available legal actions or claims against you.

In cases where OnlyMaids has reasonable grounds to suspect your involvement in fraudulent activities, such as overpayment scams or booking fraud, and OnlyMaids Payments has already released the payout for such service, OnlyMaids Payments may recover the relevant amount by reducing, offsetting, or debiting it from any future Payouts owed to you.

In addition to the amounts described above, if your Payment Method experiences delinquencies or chargebacks, you may be responsible for fees associated with OnlyMaids Payments’ efforts to recover these overdue amounts and handle chargebacks. These fees may include collection fees, convenience fees, or other third-party charges.

5.3 Collections

5.3.1 In cases where OnlyMaids Payments cannot collect any amounts you owe under the Terms and these Payment Terms, OnlyMaids Payments may undertake collection procedures to recover these amounts from you.

5.3.2 OnlyMaids Payments will consider any amounts owed overdue when: (a) for authorized charges, one hundred and twenty (120) days have elapsed after OnlyMaids Payments initially attempted to charge your Payment Method or the associated services have been provided, whichever is later; and (b) for withholdings from a Provider’s future Payouts, two hundred and seventy (270) days have passed after the adjustment was made to the Provider’s OnlyMaids account or the associated services have been provided, whichever is later.

5.3.3 Any overdue amounts not collected will be deemed in default once three hundred and sixty-five (365) days have elapsed: (a) for authorized charges, after OnlyMaids Payments initially attempted to charge your Payment Method or the associated services have been provided, whichever is later; and (b) for withholdings from a Provider’s future Payouts, after the adjustment was made to the Provider’s OnlyMaids account or the associated services have been provided, whichever is later.

5.3.4 You explicitly consent that all communications regarding amounts owed will be conducted via electronic mail or phone, as provided to OnlyMaids and/or OnlyMaids Payments by you. These communications may be carried out by OnlyMaids, OnlyMaids Payments, or any authorized representative, including third-party collection agents.

5.4 Payment Processing Errors

5.4.1 OnlyMaids Payments will take necessary actions to rectify any payment processing errors that come to our attention. These actions may involve crediting or debiting (as appropriate) the original Payout Method or Payment Method used or chosen by you, ensuring you ultimately receive or pay the correct amount. This process may be carried out by OnlyMaids Payments or a third party, such as your financial institution. We may also take steps to recover funds erroneously sent to you (including, but not limited to, cases of duplicate payments due to processing errors) by reducing, offsetting, and/or debiting the amount from any future Payouts owed to you.

5.4.2 In the event that you receive funds in error, you agree to promptly return such funds to OnlyMaids Payments.

5.5 Refunds

5.5.1 Refunds or credits due to a Member in accordance with the Terms, Extenuating Circumstances Policy, Rebooking and Refund Policy, Experiences Customer Refund Policy, and Luxe Rebooking and Refund Policy will be initiated and disbursed by OnlyMaids Payments in compliance with these Payment Terms.

5.5.2 Under this Section 5.5.2, OnlyMaids Payments will commence the refund process without delay. In the case of a cancellation by a Provider, OnlyMaids Payments will hold the funds for up to 72 hours, during which time the Customer will either receive a refund or direct OnlyMaids to use the funds for rebooking with another Provider. Depending on the situation, the refund process may offer the option of receiving credit instead of a cash refund, and the timing of cash refunds will be communicated via the OnlyMaids Platform. The duration required to receive a cash refund or for the pre-authorization on your Payment Method to be released will vary depending on the Payment Method and the rules of any applicable payment system (e.g., Visa, Mastercard, etc.). In the event of a Force Majeure Event that may impact the processing and settlement of refunds, OnlyMaids Payments will initiate and process the refund as soon as practically feasible.

6. Damage Claims and Damage Amounts

6.1 If you are held liable for Damage Claim amounts, as per Section 15 of the Terms, OnlyMaids, via OnlyMaids Payments, may, with your prior consent, charge the Payment Method used for the service request or any other payment method linked to your OnlyMaids account at the time of the Damage Claim to collect Damage Claim amounts, up to the maximum amount defined in Section 15 of the Terms.

6.2 You acknowledge that OnlyMaids Payments may endeavor to recover from you through any insurance policies you hold, and OnlyMaids Payments may also pursue any available remedies, including, but not limited to, referring your case to a collections agency, or initiating legal actions or claims against you. This includes actions related to Damage Claims or payment requests made by Providers under the Provider Damage Protection.

7. Abandoned Property

If OnlyMaids Payments holds funds owed to you (e.g., due to the inability to issue a Payout or refund) or you do not utilize a gift card or gift credit within the specified period established by your state, country, or other governing authority as defined in its unclaimed property laws, we may manage the funds owed to you in accordance with our legal obligations. This may include reporting and transferring such funds to the relevant governing authority as mandated by applicable unclaimed property laws.

8. Prohibited Activities

8.1 It is your sole responsibility to ensure compliance with all applicable laws, rules, regulations, and tax obligations that may be relevant to your use of the Payment Services. In connection with your utilization of the Payment Services, you may not and you agree not to assist or enable others to:

Breach or circumvent any relevant laws or regulations;
Breach or circumvent any agreements with third parties, infringe on third-party rights, or violate the Terms, Additional Legal Terms, Policies, or Standards;
Use the Payment Services for purposes that are not explicitly permitted by these Payments Terms;
Register or employ any Payment Method or Payout Method with your OnlyMaids account that is not legitimately yours or for which you lack authorization;
Evade, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measures put in place by OnlyMaids Payments, its providers, or any other third party to safeguard the Payment Services;
Undertake any actions that harm or adversely affect, or could harm or adversely affect, the performance or proper operation of the Payment Services;
Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Payment Services; or
Infringe upon the rights of others or cause harm to anyone else.

8.2 You are prohibited from using, or assisting others in using, the Payment Services to send or receive funds: (i) into any countries subject to United States embargoes; or (ii) to any individual or entity on the U.S. Treasury Department’s list of Specially Designated Nationals, the U.S. Department of Commerce’s Denied Persons List or Entity List, UK Sanctions List, HM Treasury Department Consolidated List, United Nations Consolidated List, or European Union Consolidated List. You affirm and warrant that: (i) neither you nor your Professional Services are situated in a country subject to a U.S. Government embargo or designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government, UK, or European Union roster of prohibited or restricted parties. Furthermore, you must comply with any relevant export control laws in your local jurisdiction.

9. Force Majeure

OnlyMaids Payments shall not be held liable for any delay or failure to fulfill any obligations under these Payment Terms resulting from circumstances beyond the reasonable control of OnlyMaids or OnlyMaids Payments. These circumstances may include, but are not limited to, acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics, diseases, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials (“Force Majeure Event”).

10. Disclaimers

10.1 If you decide to utilize the Payment Services, you do so voluntarily and at your own risk. To the maximum extent permitted by law, the Payment Services are provided “as is,” without any warranty, either express or implied.

10.2 Despite OnlyMaids Payments’ designation as the limited payment collection agent of Providers pursuant to Section 4, OnlyMaids Payments explicitly disclaims all liability for any actions or omissions of any Member or other third party. OnlyMaids Payments does not assume any duties or responsibilities as an agent for each Provider, except to the extent expressly specified in these Payments Terms, and any additional duties or obligations that may be implied by law are, to the maximum extent permitted by applicable law, expressly excluded.

10.3 If we opt to conduct identity verification for any Member, to the extent permissible by applicable law, we disclaim any warranties, either express or implied, that such checks will uncover previous misconduct by a Member or guarantee that a Member will not engage in misconduct in the future.

10.4 The above disclaimers apply to the fullest extent permitted by law. You may have other statutory rights or warranties that cannot be lawfully excluded. However, the duration of any statutorily required warranties shall be limited to the maximum extent (if any) allowed by law.

11. Liability

11.1 Except as stipulated in Section 11.2, you acknowledge and agree that, to the fullest extent allowed by law, you bear the entire risk arising from your access to and utilization of the Payment Services. If you grant permission or authorization for another individual to utilize your OnlyMaids account in any manner, you are accountable for the actions taken by that individual. Neither OnlyMaids Payments nor any other party involved in designing, producing, or delivering the Payment Services will be held responsible for any incidental, special, exemplary, or consequential damages, including lost profits, data loss, goodwill loss, service disruption, computer damage, system failure, or the cost of substitute products or services, or for any damages resulting from personal or bodily injury or emotional distress connected with (i) these Payments Terms, (ii) the use or inability to use the Payment Services, or (iii) interactions, engagements, or meetings with other Members or other individuals with whom you interact, transact, or meet as a result of using the Payment Services, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and regardless of whether OnlyMaids Payments has been advised of the possibility of such damages, even if a limited remedy as set forth herein is determined to have failed its fundamental purpose. Except for our obligations to remit amounts to applicable Providers in accordance with these Payments Terms or an approved payment request under the Provider Damage Protection or Japan Provider Insurance, under no circumstances will OnlyMaids Payments’ cumulative liability arising from or related to these Payments Terms and your use of the Payment Services, including, but not limited to, your use of or inability to use the Payment Services, exceed (i) the amounts you have paid or owe for bookings via the OnlyMaids Platform as a Customer in the twelve (12) months preceding the event giving rise to the liability, or if you are a Provider, the amounts paid by OnlyMaids Payments to you in the twelve (12) months preceding the event giving rise to the liability, or (ii) one hundred U.S. dollars (US$100), if no such payments have been made, as applicable. The limitations on damages outlined above are essential components of the agreement between OnlyMaids Payments and you. Some jurisdictions may not permit the exclusion or limitation of liability for consequential or incidental damages, so the above restriction may not apply to you. If you reside outside of the U.S., this does not affect OnlyMaids Payments’ liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation concerning a fundamental matter, or any other liability that cannot be excluded or limited under applicable law.

11.2 If you are a resident of Australia and contract with OnlyMaids Payments Australia, Section 11.1 does not apply, and OnlyMaids Payments is liable under statutory provisions for intent and gross negligence by us, our legal representatives, directors, or other vicarious agents. The same applies to the assumption of guarantees or any other strict liability, or in case of a culpable injury to life, limb, or health. OnlyMaids Payments is liable for any negligent breaches of essential contractual obligations by us, our legal representatives, directors, or other vicarious agents; such liability is limited to the typically occurring foreseeable damages. Essential contractual obligations are duties of OnlyMaids Payments whose proper fulfillment you regularly trust and must trust for the proper execution of the contract. Any additional liability of OnlyMaids Payments is excluded to the maximum extent allowed by applicable law.

12. Indemnification

To the fullest extent permitted by applicable law, you consent to release, defend (at OnlyMaids Payments’ option), indemnify, and hold OnlyMaids Payments and its affiliates and subsidiaries, as well as their officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising from or in any way connected with (i) your violation of these Payments Terms; (ii) your inappropriate use of the Payment Services; (iii) your failure, or our failure at your direction, to accurately report, collect, or remit taxes; or (iv) your breach of any laws, regulations, or third-party rights.

13. Modification, Term, Termination, and other Measures

13.1 Modification. OnlyMaids Payments may amend these Payments Terms at any time, except as otherwise mandated by applicable law. If we make substantial changes to these Payment Terms, we will post the revised Payment Terms on the OnlyMaids Platform and update the “Last Updated” date at the beginning of these Payment Terms. If you are affected by the modifications, we will also provide you with notice of the modifications at least thirty (30) days prior to the effective date. If you contract with OnlyMaids Payments UK, or OnlyMaids Payments Australia, you will receive at least two (2) months advance notice. If you do not terminate your agreement before the revised Payment Terms become effective, your continued use of the Payment Services will indicate acceptance of any changes to the revised Payments Terms.

13.2 Term. This agreement between you and OnlyMaids Payments, as reflected in these Payment Terms, becomes effective when you create an OnlyMaids account or utilize the Payment Services and remains in effect until either you or we terminate this agreement in accordance with Section 13.3.

13.3 Termination. You may terminate this agreement at any time by sending us an email or by deleting your OnlyMaids account. Terminating this agreement will also serve as notice to cancel your OnlyMaids account pursuant to the Terms. Without limiting our rights as specified below, OnlyMaids Payments may terminate this agreement for convenience at any time by providing you with thirty (30) days’ notice via email to your registered email address (or two (2) months’ prior notice

for Members contracting with OnlyMaids Payments UK). OnlyMaids Payments may also terminate this agreement immediately without notice if (i) you have materially breached your obligations under this agreement; (ii) you have provided inaccurate, fraudulent, outdated, or incomplete information; (iii) you have violated applicable laws, regulations, or third-party rights; or (iv) OnlyMaids Payments believes in good faith that such action is reasonably necessary to protect other Members, OnlyMaids, OnlyMaids Payments, or third parties.

13.4 Suspension and Other Measures. OnlyMaids Payments may restrict or temporarily or permanently suspend your access to or utilization of the Payment Services (i) to comply with applicable law, or the order or request of a court, law enforcement, or other administrative agency or governmental body, (ii) if you have breached these Payments Terms, the Terms, applicable laws, regulations or third-party rights, (iii) if you have provided inaccurate, fraudulent, outdated, or incomplete information regarding a Payment Method or Payout Method, (iv) for any amounts you owe under these Payments Terms that are overdue or in default, or (v) if OnlyMaids Payments believes in good faith that such action is reasonably necessary to protect the personal safety or property of OnlyMaids, its Members, OnlyMaids Payments, or third parties, or to prevent fraud or other illegal activity. Moreover, for unsuccessful payments due to card expiration, insufficient funds, or other reasons, we may temporarily suspend your access to the Payment Services until we can charge a valid Payment Method.

13.5 Appeal. If OnlyMaids Payments takes any of the measures described in Sections 13.3 and 13.4, you have the right to appeal such a decision by contacting our customer service.

13.6 Effect of Termination. If you deactivate your OnlyMaids account as a Provider or if OnlyMaids Payments takes any of the measures outlined above, OnlyMaids Payments may provide a full refund to any Customers with confirmed bookings, and you will not be entitled to any compensation for pending or confirmed bookings that were canceled. If you deactivate your OnlyMaids account as a Customer, OnlyMaids Payments will initiate a refund for any confirmed bookings based on the Listing’s cancellation policy. If your access to or use of the Payment Services has been suspended or restricted or this agreement has been terminated by us, you may not create a new OnlyMaids account or attempt to access and use the Payment Services through another Member’s OnlyMaids account.

13.7 Survival. Sections 5 through 20 of these Payments Terms shall remain in effect even after the termination or expiration of this agreement.

14. Governing Law and Dispute Resolution

14.1 If you are contracting with OnlyMaids Payments US, these Payments Terms will be construed in accordance with the laws of the State of California and the United States of America, without regard to conflict-of-law provisions. Legal proceedings (other than small claims actions) that are exempt from the Arbitration Agreement in Section 15 must be brought in state or federal court in San Francisco, California, unless we both agree to another location. Both you and we consent to the jurisdiction and personal jurisdiction in San Francisco, California.

14.2 If you are contracting with OnlyMaids China, these Payments Terms will be governed by and construed in accordance with the laws of the People’s Republic of China (“China Laws”). In such a case, any dispute arising from or in connection with these Payments Terms or the use of the Payment Services shall be submitted to the China International Economic and Trade Arbitration Commission (“CIETAC”) for arbitration, in accordance with the Commission’s arbitration rules in effect at the time of applying for arbitration. The arbitral award is final and binding on both parties. The arbitration panel shall consist of three (3) arbitrators. The seat of the arbitration shall be Beijing. The language of the arbitration shall be English. This section does not restrict any rights that OnlyMaids Payments may have to apply to any court of competent jurisdiction for an order requiring you to perform or be prohibited from performing certain acts and other provisional relief permitted under China Laws or any other applicable laws.

14.3 If you are contracting with OnlyMaids Payments UK, these Payments Terms will be construed in accordance with English law. If you are acting as an individual consumer, and if mandatory statutory consumer protection regulations in your country of residence contain provisions that are more favorable for you, such provisions shall apply regardless of the choice of English law. As an individual consumer, you may bring any judicial proceedings related to these Payments Terms before the competent court of your place of residence or a competent court in England. If OnlyMaids wishes to enforce any of its rights against you as a consumer, we may only do so in the courts of the jurisdiction in which you are a resident. If you are acting as a business, you agree to submit to the exclusive jurisdiction of the English courts.

14.4 If you are contracting with OnlyMaids Payments India, these Payments Terms will be construed in accordance with the laws of India. Any dispute arising from or in connection with these Payments Terms must be submitted to the International Chamber of Commerce (“ICC”) for arbitration in New Delhi, which shall be the seat and venue of arbitration. Such arbitration shall be conducted in accordance with the arbitration rules of the ICC in effect at the time of applying for arbitration, provided that this section shall not be construed to limit any rights which OnlyMaids Payments may have to apply to any court of competent jurisdiction for an order requiring you to perform or be prohibited from performing certain acts and other provisional relief permitted under the laws of India or any other laws that may apply to you. In the event one or more of the parties to the dispute are non-resident, the parties agree to exclude (for the avoidance of any doubt) the applicability of the provisions of Part I (save and except Section 9, Section 27, Section 37(1)(a) and Section 37(3) thereof) of the Indian Arbitration and Conciliation Act 1996 to any arbitration under this section. The arbitration proceedings shall be conducted in English. The arbitral award rendered is final and binding upon both parties. Each party shall bear its own costs in relation to the arbitration.

14.5 If you are contracting with OnlyMaids Payments Australia, these Payments Terms will be governed by the laws of the State of New South Wales, Australia. The parties agree to submit to the non-exclusive jurisdiction of the courts of that State and courts of appeal of that State in respect of any proceedings arising out of or in connection with this agreement.

14.6 If you are contracting with OnlyMaids Brazil, these Payments Terms will be construed in accordance with the laws of Brazil. If you are acting as a consumer, judicial proceedings that you are able to bring against us arising from or in connection with these Payments Terms may only be brought in a court located in the city of Sao Paulo, State of Sao Paulo, Brazil or in a court with jurisdiction in your place of residence. If you are acting as a business, you agree to submit to the exclusive jurisdiction of a court located in the city of Sao Paulo, State of Sao Paulo, Brazil.

15. OnlyMaids United States Arbitration Agreement

15.1 Application. This Arbitration Agreement is applicable only if you are contracting with OnlyMaids Payments US. If you are not contracting with OnlyMaids Payments US but attempt to bring any legal claim against OnlyMaids Payments in the United States, this Arbitration Agreement will apply to determine whether Section 15 applies to you, along with all other threshold determinations such as residency, arbitrability, venue, and applicable law.

15.2 Overview of Dispute Resolution Process. OnlyMaids Payments is committed to providing a consumer-friendly dispute resolution process. Accordingly, these Payment Terms outline a two-step process for individuals covered by Section 15: (1) an informal negotiation directly with OnlyMaids’ customer service team (explained in Section 15.3), and if necessary (2) binding arbitration administered by the American Arbitration Association (“AAA”). You and OnlyMaids Payments retain the right to seek resolution of the dispute in a small claims court as an alternative to arbitration.

15.3 Mandatory Pre-Arbitration Dispute Resolution and Notification. At least 30 days before initiating arbitration, you and OnlyMaids Payments agree to notify the other party in writing about the dispute and make a good faith effort to reach an informal resolution. You must send your dispute notice to OnlyMaids Payments by mailing it to OnlyMaids Payments’ agent for service: [Agent’s Address]. OnlyMaids Payments will send its dispute notice to the email address associated with your OnlyMaids account. A dispute notice must include: the party’s name and preferred contact information, a brief description of the dispute, and the requested relief. If the parties cannot resolve the dispute within the 30-day period, either party may then commence arbitration by filing a written Demand for Arbitration (available at www.adr.org) with the AAA and providing a copy to the other party as specified in the AAA Rules (available at www.adr.org).

15.4 Agreement to Arbitrate. You and OnlyMaids Payments mutually agree that any dispute, claim, or controversy arising from or related to these Payment Terms, or the applicability, breach, termination, validity, enforcement, or interpretation thereof, or any use of the Payment Services (collectively, “Disputes”), will be resolved through binding individual arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement is enforceable or applicable to a Dispute, the arbitrator will decide that issue.

15.5 Exceptions to Arbitration Agreement. You and OnlyMaids Payments agree that the following claims and/or requests for relief are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction (as defined by Section 15): (i) any claim or cause of action seeking emergency injunctive relief due to exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack); (ii) a request for public injunctive relief; or (iii) any individual claim of sexual assault or sexual harassment arising from your use of the OnlyMaids Platform or Provider Services. You and OnlyMaids Payments agree that public injunctive relief will proceed after the arbitration of all arbitrable claims, remedies, or causes of action and will be stayed pending the arbitration outcome pursuant to Section 3 of the Federal Arbitration Act.

15.6 Arbitration Rules and Governing Law. This Arbitration Agreement pertains to a transaction in interstate commerce, and the Federal Arbitration Act governs all substantive and procedural interpretation and enforcement of this provision. The arbitration will be administered by the AAA following the Consumer Arbitration Rules and/or other applicable AAA arbitration rules as determined by the arbitrator (the “AAA Rules”) then in effect, except as modified herein. The AAA Rules can be found at www.adr.org. To initiate arbitration, a completed written demand (available at www.adr.org) must be filed with the AAA and provided to the other party as per the AAA rules.

15.7 Modification to AAA Rules – Arbitration Hearing/Location. To maximize convenience for you, OnlyMaids Payments agrees that any required arbitration hearing may be conducted at your choice: (a) in the U.S county where you reside; (b) in San Francisco County; or (c) via phone or video conference. If the amount in dispute is $5,000 or less, the parties agree to proceed solely based on the submission of documents to the arbitrator.

15.8 Modification of AAA Rules – Attorney’s Fees and Costs. Your arbitration fees and your share of arbitrator compensation will be determined by the AAA Rules. Either party may request that the arbitrator awards attorney’s fees and costs upon demonstrating that the other party has asserted a claim, cross-claim, or defense that is groundless in fact or law, brought in bad faith or for harassment, or is otherwise frivolous, as allowed by applicable law and the AAA Rules.

15.9 Arbitrator’s Decision. The arbitrator’s decision will contain essential findings and conclusions on which the arbitrator based the award. The arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award any relief permitted by law or the AAA Rules, but declaratory or injunctive relief may only be awarded individually and to the extent necessary to provide the relief warranted by the claimant’s individual claim.

15.10 Jury Trial Waiver. You and OnlyMaids Payments acknowledge and agree that both parties are waiving the right to a trial by jury for all arbitrable Disputes.

15.11 No Class Actions or Representative Proceedings. You and OnlyMaids Payments acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative or consolidated proceeding. Unless we agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If there is a final judicial determination that applicable law precludes enforcement of the waiver contained in this paragraph as to any claim, cause of action or requested remedy, then that claim, cause of action or requested remedy, and only that claim, cause of action or requested remedy, will be severed from this agreement to arbitrate and will be brought in a court of competent jurisdiction. In the event that a claim, cause of action or requested remedy is severed pursuant to this paragraph, then you and we agree that the claims, causes of action or requested remedies that are not subject to arbitration will be stayed until all arbitrable claims, causes of action and requested remedies are resolved by the arbitrator.

15.12 Severability. Except as provided in Section 15.11, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed, and the remainder of the Arbitration Agreement will be given full force and effect.

15.13 Changes to Agreement to Arbitrate. If OnlyMaids Payments changes this Section 15 after the date you last accepted these Payment Terms (or accepted any subsequent changes to these Payment Terms), you may reject that change by sending us written notice (including by email) within thirty (30) days of the date the change is effective. Rejecting a new change, however, does not revoke or alter your prior consent to any earlier agreements to arbitrate any Dispute between you and OnlyMaids Payments (or your prior consent to any subsequent changes thereto), which will remain in effect and enforceable as to any Dispute between you and OnlyMaids Payments.

15.14 Survival. Except as provided in Section 15.12 and subject to Section 13.7, this Section 15 will survive any termination of these Payment Terms and will continue to apply even if you stop using the Payment Services or terminate your OnlyMaids account.

16. Miscellaneous

16.1 Interpreting these Payment Terms. Except as they may be supplemented by additional terms and conditions, policies, guidelines, or standards, these Payment Terms constitute the entire agreement between OnlyMaids Payments and you regarding the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between OnlyMaids Payments and you regarding the Payment Services. If any provision of these Payment Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.

16.2 No Waiver. OnlyMaids Payments’ failure to enforce any right or provision in these Payment Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Payment Terms, the exercise by either party of any of its remedies under these Payment Terms will be without prejudice to its other remedies under these Payment Terms or otherwise permitted under law.

16.3 Assignment. You may not assign, transfer, or delegate this agreement or your rights and obligations hereunder without OnlyMaids Payments’ prior written consent. OnlyMaids Payments may without restriction assign, transfer, or delegate this agreement and any rights and obligations, at its sole discretion, with thirty (30) days’ prior notice (or two (2) months’ prior notice for Members contracting with OnlyMaids Payments UK).

16.4 Notices. Unless specified otherwise, any notices or other communications permitted or required under this agreement, will be in writing and given by OnlyMaids Payments via email or OnlyMaids Platform notification, and depending on your notification setting, messaging service (including SMS and WeChat). The date of receipt will be deemed the date on which OnlyMaids Payments transmits the notice.

17. Additional Clauses for Users Contracting with OnlyMaids Payments UK

The following paragraphs will apply if you are contracting with OnlyMaids Payments UK:

17.1 OnlyMaids Payment Service User

17.1.1 The Payment Services encompass the payment collection service offered to Providers contracting with OnlyMaids Payments UK. This payment collection service qualifies as a “payment service” subject to regulation under the Payment Services Regulations, and within this context, OnlyMaids Payments UK regards Providers as the “payment service user.”

17.1.2 As a Service Provider, by accepting these Payment Terms, you have provided consent to OnlyMaids Payments UK for each Payout to be directed to your selected Payout Method. Providers can change their Payout Method up to one (1) day before the agreed-upon Payout time as outlined in Section 3.3. OnlyMaids Payments UK will be considered to have received the Provider’s payment order on the same date that OnlyMaids Payments UK agrees to initiate the Payout in accordance with Section 3.3.

17.1.3 OnlyMaids Payments UK will make every effort to ensure that Providers based in the UK receive each Payout by the close of business on the day following the initiation of the Payout by OnlyMaids Payments UK.

17.1.4 Communication. OnlyMaids Payments will notify Providers via email when each Payout is initiated. We will also notify Providers at their registered email address if a Payout is returned due to an error. It is your responsibility as a Provider to ensure that you provide us with a current, accurate, and valid email address.

17.2 Resolution Procedures for Diverted Payouts

17.2.1 If, as a Service Provider, you believe that a Payout rightfully owed to you has been or may be redirected without your consent (“Diverted Payout”) because your password or other credentials for accessing your OnlyMaids account (“Credentials”) have been lost or stolen, you should immediately notify OnlyMaids Payments UK as per Section 21. In such a case, you may be held responsible for losses related to any Diverted Payout resulting from the use of lost, stolen, or misappropriated Credentials (including the loss of a mobile phone on which you have installed the Application) or if you have failed to keep your Credentials secure, up to a maximum of £35. Provided that you promptly notify us of any Diverted Payout and no later than 13 months from the payment date, you may be entitled to a refund of that payment.

17.2.2 We will not be liable for any loss arising from: (i) Diverted Payouts where you acted fraudulently or where, with intent or gross negligence, you failed to use the OnlyMaids Platform and/or Payment Services in accordance with the Terms or these Payment Terms (including the obligation to keep your Credentials secure); (ii) any payout transaction that we facilitated based on information provided by you, where the information you provided was incorrect.

17.2.3 If you, as a Provider, claim not to have received a Payout rightfully owed to you via your selected Payout Method, OnlyMaids Payments UK will (if requested) make immediate efforts to trace the payment and will inform you of the results. Unless we can prove that the payment was received by you via your chosen Payout Method, we will refund the amount.

17.2.4 Any complaints regarding the Payment Services should be directed to OnlyMaids Payments UK in accordance with Section 21. Complaints made in line with this section that pertain to the provision of Payment Services by OnlyMaids Payments UK may be referred to the Financial Ombudsman and will adhere to the rules of the Financial Ombudsman Service. The UK Financial Ombudsman Service provides a free dispute resolution service to individuals, micro-enterprises, small charities, and trustees of small trusts. You can contact the UK Financial Ombudsman by (i) telephone within the UK: 0300 123 9123 or 0800 023 4567; from other countries: +44 20 7964 0500, Monday to Friday, 8 am to 8 pm, and Saturday, 9 am to 1 pm; (ii) mail: Financial Ombudsman Service, Exchange Tower, London, E14 9SR; or (iii) email: enquiries@financial-ombudsman.org.uk. The UK Financial Ombudsman Service is available in multiple languages, and a translator will be provided if needed when contacting the UK Financial Ombudsman Service.

17.3 For Providers and Customers with Mexico as Country of Residence

If Mexico is your country of residence: (i) upon successful receipt of payment from the Customer following a Provider’s acceptance of the Customer’s booking request, OnlyMaids Payments generally holds such funds due to the Provider temporarily until they are released to the Provider as per Section 3.3.1; and (ii) the payment to the Provider becomes effective only upon commencement of the Provider’s Services and in accordance with Section 3.3.1. OnlyMaids may be required to withhold taxes per applicable local laws, and such taxes will be due upon the release of the Provider Payout by OnlyMaids Payments.

18. Additional Clauses for Users Contracting with OnlyMaids Brazil

If you are contracting with OnlyMaids Brazil, please note the following:

18.1 Installment Feature for Users with Brazil As Country of Residence

In Section 2, “Customer Terms,” we introduce an installment feature for users in Brazil paying with credit cards. You agree that if your country of residence is Brazil and you are using a credit card that supports installments issued in Brazil, you may opt to pay for your booking in multiple installments. The number of installments will be presented to you before you complete your booking. Be aware that choosing this option may increase the Total Price due to additional expenses related to credit card usage and installment plans (referred to as the “Installment Fee”). You are solely responsible for paying this fee, and OnlyMaids Brazil’s role is to collect and transfer these amounts to the applicable third-party payment service provider. You authorize this provider to automatically charge the original Payment Method used for the booking. Your use of this installment feature may be subject to additional terms and conditions imposed by the third-party payment service provider. If your booking is canceled for any reason, the Installment Fee will be refunded to the Payment Method you initially used for the booking. Keep in mind that if you modify a booking with installments, and the modification lowers the Total Price, you won’t receive a refund for any portion of the Installment Fee. Refunds will follow the procedures outlined in these Payment Terms.

18.2 Depending on the country of residence of Customers and Service Providers, payments to Service Providers and applicable fees, such as OnlyMaids service fees, may necessitate the execution of foreign exchange agreements or other related measures, as required by applicable legislation.

18.3 If you are a resident in Brazil and book a service with a professional residing outside of Brazil using local currency, using the Payment Services signifies that OnlyMaids Brazil acts as a payment collection agent for the professional residing outside of Brazil. Additionally, OnlyMaids Brazil is the entity with whom you are contracting for the use of the OnlyMaids Platform, as outlined in the Terms.

18.4 You grant OnlyMaids Brazil, either directly or through third parties, the authority to conduct any necessary inquiries to verify your identity. This may include screening against third-party databases or other sources, requesting reports from service providers, soliciting government identification (e.g., driver’s license or passport), tax ID, date of birth, address, and other relevant information, or requiring steps to confirm ownership of your email address, Payment Method(s), or Payout Method(s). OnlyMaids Brazil reserves the right to terminate, suspend, or limit access to the Payment Services if we cannot obtain or verify any of this information.

18.5 When processing payments from a Member, OnlyMaids Brazil (or third parties contracted by you or by OnlyMaids Brazil on your behalf) may retain and/or report relevant information related to the Member and/or the respective transaction to competent authorities (when applicable). This is to comply with applicable legislation, certain regulatory controls, and to prevent money laundering activities.

18.6 For Customers and Professionals contracting with OnlyMaids Brazil, all references in these Payment Terms to OnlyMaids, OnlyMaids Payments, or OnlyMaids Platform shall be understood to refer to OnlyMaids Brazil.

19. Additional Clauses for Users Contracting with OnlyMaids China

If you are a Professional Service Provider, including each Professional Service Provider Team member, contracting with OnlyMaids China, please be aware of the following:

19.1 Certain Payment Services provided to Professional Service Provider may be delivered by local third-party payment service providers in China. These providers hold specific permits or licenses in accordance with applicable laws and regulations. OnlyMaids China engages these providers to offer the relevant Payment Services.

19.2 In cases where third-party payment service providers offer the relevant Payment Services, each Professional Service Provider, including each Professional Service Provider Team member, designates the local third-party payment service providers engaged by OnlyMaids China (rather than OnlyMaids China itself) to act as their payment collection agents. This designation is solely for the limited purpose of accepting and processing funds from Customers purchasing Professional Service Provider Services on behalf of Professional Service Providers. In these instances, the rights and obligations provided to OnlyMaids Payments under Section 4 of these Payment Terms will instead be provided to the third-party payment service providers engaged by OnlyMaids China to act as limited payment collection agents.

19.3 Additionally, Professional Service Providers may need to enter into separate service agreements with these third-party payment service providers regarding the provision of the relevant Payment Services. In the event of any conflict between these Payment Terms and the terms in such agreements, the terms of the agreements will take precedence to the extent of any inconsistency. For clarity, and despite any provisions under Section 14.2 of these Payment Terms, separate agreements between you and these third-party payment service providers may potentially establish different governing laws and/or dispute resolution procedures compared to those provided under these Payment Terms.

19.4 You acknowledge and agree that, to the maximum extent permitted by applicable law, the entire risk arising from your access to and use of any Payment Services provided by local third-party payment service providers shall remain with you or be allocated as per the terms of the separate service agreements you enter into with these third-party payment service providers regarding the provision of such Payment Services. OnlyMaids Payments shall not be liable for any Payment Services offered by these third-party payment service providers.

20. Additional Clauses for Business Users

If you are a business entity or representative (“Representative”) using OnlyMaids’ Payment Services on behalf of a business, company, or other legal entity, the following terms apply. In this context, “you” and “your” refer to the business, company, or legal entity you represent.

20.1 Acceptance and Responsibility

You acknowledge and accept the Payment Terms on behalf of the business entity you represent. You are responsible for all actions or omissions of your employees or third-party agents when using the Payment Services on your behalf.

20.2 Authorization and Representation

You and your Representative individually confirm that you have the authority to provide the information outlined in Section 2.1 and Section 3.2, and that your Representative has the legal authority to bind your business entity to these Payment Terms. We may request additional information or documentation to verify your Representative’s authority.

20.3 Legal Status and Authority

You declare and guarantee that: (i) your business entity is lawfully organized, validly existing, and in good standing under the laws of the country in which it is registered, and you are registering for the Payment Services; and (ii) you possess all the necessary rights, power, and authority to enter into this agreement, fulfill your obligations, and grant the rights, licenses, and authorizations as stipulated in this agreement.

20.4 Payment Method Usage

If you are using your Payment Method to make bookings for the benefit of your employees or other authorized third parties in connection with OnlyMaids for Work, as allowed by your account settings, you authorize OnlyMaids Payments to charge your Payment Method for bookings initiated by employees at your company or other permitted third parties.

20.5 Payout Method Authorization

For any Payout Method associated with your OnlyMaids account, you grant OnlyMaids Payments permission to store the Payout Method, make payments using the Payout Method for bookings linked to your OnlyMaids account, and take other actions as permitted under the Payment Terms regarding the Payout Method.

20.6 Payment Card Information Handling

If you handle, store, or process payment card information on behalf of anyone or any third party, you agree to continuously comply with the relevant data privacy and security requirements in accordance with the current Payment Card Industry Data Security Standard concerning the use, access, and storage of such credit card information. For further information, including tools to assist you in evaluating your compliance, please visit https://www.visa.com/cisp and https://www.mastercard.com/sdp.

21. Contacting OnlyMaids Payments

Should you need to get in touch with OnlyMaids Payments regarding the Payment Services, email us at payments@onlymaids.ca.

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