Effective date from November 1, 2023 for sellers who accept these Payments Terms of Use during new
seller registration or otherwise on or after that date. For all other sellers, if you receive Payment
Services from eBay Commerce Inc. or eBay Commerce Canada Ltd., the effective
date is November 15, 2023 with respect to those Payment Services; if you receive Payment Services from
eBay Commerce Australia Pty Ltd., the effective date is November 30, 2023 with respect to those Payment
Services; and if you receive Payment Services from eBay S.à r.l. or eBay
Commerce UK Ltd., the effective date is January 1, 2024, with respect to those Payment
Services.
I. GENERAL PAYMENTS TERMS
This Part I of the Payments Terms of Use applies to all Payment Services you receive from the eBay
Payment Entities (also collectively referred to as “we” or “us” in this
Part).
1. About Payments on the eBay Services
You agree to have the eBay Payment Entities receive or execute payments on your behalf in relation to
your use of the eBay Services, and manage settlement of related payments to you (referred to as
“Managed Payments,” “Payment Services,” or
similar names).
Buyers may pay for your items using payment methods such as the following, the availability of which
may vary:
- Certain credit or debit cards (VISA, MasterCard, American Express, and Discover),
- PayPal,
- Google Pay,
- Apple Pay,
- Direct debit,
- “Pay Later” payment methods, otherwise known in some areas as payment via installments,
or “direct debit upon invoice” or “payment upon invoice,” or “Buy Now
Pay Later”,
- eBay coupons, gift cards, etc. (if applicable), or
- Funds held in a stored value account issued under eBay’s Balance Terms and Conditions
(currently only available to selected sellers residing or established in the United States).
We may modify the scope of payment methods available at our sole discretion.
The underlying contract for the buyer’s purchase of “items” (which may refer to goods and/or services)
from you is directly concluded between you and the buyer.
After a Managed Payments transaction occurs, you will receive a notification confirming such payment
transaction. We will initiate settlement of proceeds received to your Linked Financial Account (as
defined below in Part I, Section 4 “Seller Onboarding”). You can
access the status of your Managed Payments transactions, including settlements and other payment
information, under the Payments tab in the Seller Hub,
which will be available to you when you successfully onboard to Managed Payments.
If a payment is made to you in error, or if you receive funds that you are not otherwise entitled to
receive at the time of disbursement, we have the right to recoup such amounts from you.
2. International Sales
Because multiple eBay Payment Entities provide Payment Services, you may receive Payment
Services from more than one eBay Payment Entity, as follows:
- If you receive Payment Services from an eBay Payment Entity, such entity is appointed to process
transactions and manage the settlement of funds related to your sales.
-
Each eBay Payment Entity is appointed to manage payments for sales on one or more sites, as set forth
in the table below (“Responsible Payment Entity”). The site on which you
list your item will determine the Responsible Payment Entity for a given
sale. For example, ECA would be the Responsible Payment Entity if you sell an item that you listed on
ebay.com.au.
-
Your “Payout Entity” is the eBay Payment Entity associated with the
country in which you reside or are established as a business. Your Payout Entity is assigned to you as
illustrated in the table below, unless you and we otherwise agree. You will
receive all disbursements to your Linked Financial Account from this entity, regardless of where you
list your items.
-
If you sell an item listed on an eBay site whose Responsible Payment Entity is also your Payout
Entity, your Payout Entity will process the sale and settle the corresponding funds to your Linked
Financial Account. For example, if your Payout Entity is ECCA, your funds awaiting
payout from sales on ebay.ca will be processed and settled to your Linked Financial Account by ECCA.
-
If you sell an item listed on an eBay site whose Responsible Payment Entity differs from your Payout
Entity, the Responsible Payment Entity will process the sale and transfer the corresponding funds to
your Payout Entity, which will receive the funds on your behalf and in turn
disburse them to your Linked Financial Account. For example, if your Payout Entity is eCI and you
reside in an “Additional Country” (as such term is defined in the chart below), your funds
awaiting payout from sales on ebay.de will be managed by eBay Sarl and settled
to eCI. eCI will then disburse the funds to your Linked Financial Account.
The following table illustrates these distinctions:
| eBay Payment Entity |
Responsible Payment Entity for Sales of Items Listed on |
Payout Entity for Sellers Residing or Established in |
Additional Payments Terms |
| eCI |
ebay.com |
the United States (all references herein to the “United States” shall include its territories)
and all other countries (together, the “Additional Countries”) that are not included among the
countries associated with an eBay Payment Entity below |
II. ADDITIONAL PAYMENTS TERMS FOR SERVICES PROVIDED BY eBay Commerce
Inc.
|
| eBay Sarl |
All European Economic Area (“EEA”) eBay sites (including ebay.de, ebay.ie,
ebay.fr, ebay.it, ebay.es, ebay.at, ebay.nl, ebay.be, befr.ebay.be, benl.ebay.be, ebay.pl etc.)
and ebay.ch |
EEA countries (except Iceland) or Switzerland |
III. ADDITIONAL PAYMENTS TERMS FOR SERVICES PROVIDED BY eBay S.À R.L.
|
| ECCA |
ebay.ca
cafr.ebay.ca
|
Canada |
IV. ADDITIONAL PAYMENTS TERMS FOR SERVICES PROVIDED BY eBay Commerce
Canada Ltd.
|
| ECA |
ebay.com.au |
Australia |
V. ADDITIONAL PAYMENTS TERMS FOR SERVICES PROVIDED BY eBay Commerce
Australia Pty Ltd.
|
| ECUK |
ebay.co.uk |
the United Kingdom, Jersey, Guernsey, Gibraltar (references made herein to the “United
Kingdom” are deemed to also include Jersey, Guernsey or Gibraltar for the purposes of these
Payments Terms of Use) |
VI. ADDITIONAL PAYMENTS TERMS FOR SERVICES PROVIDED BY eBay Commerce UK
Ltd.
|
If you reside outside the EEA (except Iceland), the United Kingdom, and Switzerland, the performance of
any Payment Services provided to you by eBay Sarl and/or ECUK is deemed suspended until an item you
listed on a EEA, UK, or Swiss eBay site is sold.
Payout Currency
Your “Payout Currency” is the currency that we will use for settling
your transaction proceeds to your Linked Financial Account. We will generally determine your Payout
Currency as follows, unless you and we agree otherwise:
- If you are a seller residing or established in the United States, your Payout Currency is the US
Dollar.
- If you are a seller residing or established in an EEA country (except Iceland), your Payout
Currency will be the Euro.
- If you are a seller residing or established in the United Kingdom, Switzerland, Liechtenstein, or
Australia, your Payout Currency will be based on your country of residence.
- If you are a seller residing or established in Canada, your Payout Currency will be the Canadian
Dollar or, if offered by us and selected by you, the US Dollar.
- If you are a seller residing or established in an Additional Country, then your Payout Currency is
the US Dollar, or such other currency as we may offer and you may select as determined by your
country of residence.
We may enable further Payout Currencies at our sole discretion in the future. Where offered by us and
agreed upon by you and your buyer, your buyer may pay for an item you sell with currency other than
your Payout Currency. When this happens, the paid amount will be converted
into your Payout Currency prior to disbursement of the funds to you, using the applicable transaction
exchange rate and assessing the currency conversion charge as indicated on our Fee Page described in
Section 3 (“Seller Payment Fees”) below. Similarly, your receipt
of eBay Services from Affiliates may cause you to incur fees which are published in a currency other
than your Payout Currency; if this happens, we may convert such fees into your Payout Currency in the
same manner as described in the prior sentence.
Further, if you live in an Additional Country, the financial institution you opened your Linked
Financial Account with may charge you a separate fee for converting your funds from the US Dollar to
your local currency.
3. Seller Payment Fees
The fees and expenses which we charge in relation to your use of Managed Payments are, unless otherwise
communicated to you, set forth in the applicable fee page linked in the tables below based on the
country that you reside or are established in (“Fee Page”). For instance, if you
reside in Australia and do not have an eBay store, clicking on the “Australia” link in the “Sellers in
___ without eBay Stores” column will take you to your applicable Managed Payments fee page; in contrast,
if you reside in Australia and have an eBay store, you should click on the
“Australia” link in the “eBay Store Sellers in” column. Such fees and expenses are subject to change, as
set forth in the applicable User Agreement. For instance, if the Australian User Agreement is
applicable, we may change our seller fees from time to time in the manner set out
in the Australian User Agreement.
In some circumstances, you might be eligible for a credit of certain fees you paid, as described on the
Fee Credits page.
4. Seller Onboarding
In order to use our services, you must register and accept these Payments Terms of Use. If you reside in
the EEA, the United Kingdom, or Switzerland, your submission of your Managed Payments online
registration application constitutes your offer to conclude this agreement. If your
onboarding is not immediately confirmed, you will receive notification that you have been approved to
receive services once we have reviewed your information.
To use Managed Payments, you must:
-
Link a financial account, so you may receive settlements of proceeds from Managed Payments to this
account (“Linked Financial Account”). If you reside in the United States, Canada, the
United Kingdom, or Australia, your Linked Financial Account must be a bank
account based in your country of residence, or such other type of account or instrument (such as a
debit card) that we may permit in our discretion. If you reside in a country within the EEA (except
Iceland), you may provide a bank account located in any EEA member state (except
Iceland), as your Linked Financial Account. If you reside in Switzerland or Liechtenstein, you must
provide a bank account located in Switzerland or Liechtenstein as your Linked Financial Account. If
you reside in an Additional Country, we may require you to create a Linked
Financial Account with a specific non-bank third-party financial institution to receive payouts.
Depending on the Additional Country that you reside in, we may also offer you the option to use a bank
account located in the Additional Country as a Linked Financial Account. If we
cannot make direct debits from your Linked Financial Account for Owed Amounts (as defined in Section
9), we require you to keep another payment method on file with us and we may withhold payouts to your
Linked Financial Account until you have successfully provided us with such
other payment method.
-
At this time, you may only use our Payment Services to receive disbursements to a Linked Financial
Account. You may change your Linked Financial Account at any time as permitted by us. Payouts will be
made to your Linked Financial Account subject to (i) your completion of the
Linked Financial Account verification process, and (ii) the completion of our assessment for security
and risk purposes and under our anti-money laundering and other legal obligations. Our assessment
typically takes up to two (2) days after your completion of the verification
process, or longer if any issues or irregularities arise in which case we will complete our assessment
without undue delay. If you reside in an Additional Country and we offer you the option to receive
payouts to more than one Linked Financial Account, we will allocate your
payouts among your Linked Financial Accounts in conformity with your instructions. By adding a Linked
Financial Account to your eBay account, you represent and warrant that you are the lawful owner of, or
have the lawful right to use, any Linked Financial Account you associate
with your account. In certain circumstances, we may permit you to direct payouts to a Linked Financial
Account owned or controlled by your legal representative. If you elect to receive payouts to a Linked
Financial Account owned or controlled by a legal representative, you
represent and warrant that the legal representative has the authority to receive payouts on your
behalf, and you fully release us from any and all liability for losses you may sustain arising from
disbursements made by us to the legal representative under these Payments Terms of
Use.
-
Provide us with all information which we may require for purposes that include: verifying your
identity, complying with applicable laws and regulations such as anti-money laundering and sanctions
screening obligations, allowing us to manage settlements of your transaction
proceeds, and assessing fraud and risk. If you are an individual, this information may include,
without limitation, your full name, address, phone number, date of birth, taxpayer identification
number, bank account information, and a form of government-issued identification
(e.g., a copy of your identity card or driver's license). If you are a business, this information may
include, without limitation, your full business name, address, phone number, entity type, bank account
information, tax identification number, and business number, in addition to
details regarding your beneficial owner(s), director(s), officer(s), authorized representative, legal
representative, and/or primary contact, such as name, contact information, nationality, title, and
government-issued identification (such as a United States Social Security
Number). You understand that we will be unable to settle your proceeds or issue you any tax documents
(such as a United States Internal Revenue Service Form 1099-K) if you do not provide or appropriately
update us with accurate contact information and other requested data.
-
Provide us with all information necessary to authenticate you or your payment transactions, which may
include validation of your phone number or email. You understand that we may be unable to execute
certain transactions or complete certain requests without this information.
-
Maintain in a timely manner the accuracy of the information we have on file, and consent to our
periodic updating of such stored information based on information provided by you, your bank, or other
payments services providers. You will only provide us information about payment
or settlement methods that you are authorized to use. You understand that if you update information
such as your country of residency, you may need to repeat some or all of the onboarding steps
described above to continue using Payment Services.
-
Comply with all, and not cause a third party to violate any, applicable laws, regulations, rules, and
terms and conditions in connection with your use of the eBay Services. You will not use Payment
Services to move funds associated with gambling. You understand that some third
parties (such as banks, credit and debit card issuers, credit and debit card networks, and payments
services providers) may have their own terms and conditions for the payment or settlement methods you
or buyers choose to use in connection with payments that we manage, such as
terms and conditions that relate to the settlement of funds, chargebacks, prohibited items, and
overdrafts. Failure to abide by third-party terms and conditions may result in fees assessed to you,
delays in your receipt of funds, or other actions taken by such third parties. You
agree that we have no control over, or responsibility or liability for, such fees, delays, or actions.
You authorize us and our Affiliates to check information you provide to us, including by verifying the
existence of your bank account and obtaining reports from, or comparing your information to, third-party
sources. Such third-party sources may include without limitation, banks,
credit agencies, data brokers, and other service providers. We reserve the right to close, suspend, or
limit your account or rescind your access to any or all of our services in the event we are unable to
obtain or verify any of this information. We are not responsible for any
losses suffered by you as a result of incomplete or inaccurate information you provide.
5. Shipping
When you receive notice that a buyer has paid for an item through a Managed Payments transaction, you
must then ship or otherwise deliver your item in accordance with the agreed
shipping
method.
6. Managed Payments Limitations
In some listings or categories, eBay may allow sellers to offer buyers the option to pay for a purchase
directly to the seller without using the payment services offered by us under these Payments Terms of
Use, for example by cash payment on pickup (“Offline Payment
Methods”). We do not manage payments for such Offline Payment Methods. Offline Payment Methods are
not covered by the eBay Money Back Guarantee or similar eBay buyer protection programs; additionally, we
will not assist buyers or sellers with payment disputes (such as
chargebacks) in connection with Offline Payment Methods. Your listings are subject to eBay's payment
policies and any other terms about payments that may appear on the eBay Services, including
terms relating to the payment and disbursement methods available to you for such listings.
7. Using Managed Payments
Returns and Cancellations; Refunds
If your buyer is entitled to a refund for a return or cancellation
for a Managed Payments transaction, based on an agreement between you and the buyer or according to
eBay’s policies regarding such
transaction, you authorize us to pay to the buyer the corresponding refund amount on your behalf.
eBay Buyer Protection Programs
eBay offers buyer protection programs on certain eBay Services to ensure that buyers receive the item
they ordered or get their money back. Such programs are referred to as “eBay
Buyer Protection Programs,” and known in many jurisdictions as the “eBay
Money Back Guarantee” (“eMBG”). You understand that if your buyer
successfully files a claim under such program for a Managed Payments transaction, the respective eBay
company offering
the eBay Buyer Protection Program (“eMBG Service Provider”) will
reimburse the buyer the amount owed on your behalf pursuant to the applicable User Agreement and eMBG
policy. According to the applicable
User Agreement and eMBG
policy, you must reimburse the eMBG Service Provider for any such
amounts.
Disputes
A buyer (or the owner of a payment instrument) may initiate a chargeback, direct debit reversal, or
PayPal buyer protection claim, or otherwise asks their financial institution to open a payment dispute
(all referred to solely within this Part I as
“Dispute”) in connection with a Managed Payments transaction. The final
outcome of the Dispute will be decided by the buyer's financial institution.
We will manage Disputes, as follows: When a Dispute is opened, we will notify you and ask you whether
you choose to accept or challenge the Dispute. If you accept the Dispute, you agree to the reversal of
the payment to the buyer. If you challenge the Dispute, eBay will submit to
the financial institution any relevant evidence you provide about the Dispute. You agree to provide
timely information to assist in the Dispute resolution process and understand that your failure to
provide requested information on the timeline we require and as specified by
credit and debit card networks' and other payment service providers' rules could adversely impact the
outcome of a Dispute investigation, up to complete forfeiture of the amounts in Dispute. If you accept
the Dispute or if the buyer's financial institution decides in favor of the
buyer, the respective amount will be refunded to the buyer's original payment method and charged to
us. You must reimburse us for such charges, unless you are eligible for seller protection in
which
case you are not held liable for amounts refunded to the buyer. If you choose to accept the Dispute,
we may still decide to challenge the Dispute in our discretion and at no additional costs to you.
Some payment institutions offer an optional arbitration process to contest the results of an
individual Dispute. We may ask for your consent to participate in such arbitration process. If you
consent to chargeback arbitration, you authorize us to represent and defend you
throughout the arbitration. You will be responsible for all costs and expenses (including reasonable
legal fees and any arbitration fees assessed by third parties, arising from such arbitration
proceedings), as agreed between you and us in each case, and you authorize us to pay
these amounts on your behalf while the arbitration is pending.
You will not contest the resolution of any Dispute that we investigate and/or re-present, nor will you
re-open resolved Dispute investigations. If you are a consumer in the EU, UK or Australia, or a Small
Business within the definition of Small Business Contract (as defined in
s23 of Schedule 2 – Australian Consumer Law of the Competition and Consumer Act 2010 (Cth))
(“Australian Small Business”) in Australia, your rights to file a complaint or to take legal action in
court remain unaffected.
Seller Protection
If you have met your eligibility requirements for, and fulfilled all your applicable obligations,
under the Seller
Protection policy, you will not be held liable for any amounts to be returned to
buyers due to eBay Buyer Protection Program claims, Disputes or unauthorized transactions with eBay
spendable funds.
Fines, Penalties and Losses
We are unable to manage payments for prohibited and restricted
items. Before listing your item, you must ensure it complies with eBay's rules, applicable laws,
and any additional restrictions imposed by
credit card associations, network rules, or third-party payments service providers that we may use.
You agree to indemnify and reimburse us for all reversals, chargebacks, claims, costs, losses,
damages, fees, fines, penalties and other liabilities and expenses incurred by us or brought against
us by a third party arising out of (a) your breach of these Payments Terms of Use or
the User Agreement including without limitation any violation of eBay’s policies; (b) your violation
of any law or the rights of a third party; or (c) any transaction processed by us for you for an item
or service you listed on eBay (including without limitation the accuracy of
your item description or any claim or dispute arising out of items or services offered or sold by
you).
Holds
We reserve the right to manage the risks associated with providing you the Payment Services, by
placing restrictions on your access to your funds when deemed necessary, as described in further
detail below.
You agree that we may place holds on your funds or instruct a payment service provider to hold your
funds, prior to disbursement. For the avoidance of doubt, if you receive funds to either a stored
value account issued to you under eBay’s Balance Terms and Conditions or to a
payment account, a hold may also be placed on such funds. If a hold is placed on your funds, the
amount and status of the hold will be displayed under the Payments tab in the Seller Hub/My eBay. We
will notify you through the eBay Message Center and/or by email and, depending on
the reason, may request additional information from you to help resolve the issue. A hold may be
placed if we have reason to believe there is an increased risk associated with the provision of our
Payment Services or with a certain Managed Payment transaction, for example if we
cannot verify your identity or if your buyer files a dispute. Please see our holds help page for more detail on the hold types and
examples. We take into consideration relevant factors when assessing the risks including selling
history, seller performance, returns and cancellations, chargebacks, riskiness of the listing
category, transaction value, the ability to make direct debits from your Linked Financial
Account, and the filing of eBay Buyer Protection Program claims. We also may cancel or freeze the
settlement of your proceeds as necessary to comply with our legal obligations in connection with fraud
prevention, risk management, or regulatory compliance, or, upon lawful request
by our Affiliates, to enable them to comply with legal obligations applicable to them (such as
compliance with tax-related obligations from EU DAC7 legislation). Any
hold placed on your funds will be lifted when the issue is resolved.
Unless your payout entity is eBay Sarl or ECUK, we may retain an amount that we reasonably believe may
be necessary to pay for any refunds, reimbursements, or other payments associated with returns,
Disputes, or other post-transaction activities, when your eBay account is closed.
Unless otherwise required by law, we will settle any unused retained amounts to your Linked Financial
Account within 180 days of your eBay account closure.
Your bank's holds and settlement procedures may at times cause delays in the settlement of funds to
your Linked Financial Account, and we do not have control over these delays.
Reserves
In order to manage risk or secure your obligations under these Payments Terms of Use, we have the
right to require a reserve of transaction proceeds. This means that the respective portion of your
funds is reserved as unavailable for disbursement. Reserves may be in the form of
rolling and/or minimum reserves.
-
A rolling reserve is a reserve funded by withholding a set percentage of your transaction proceeds
each day for a fixed period to be released to you later at a scheduled time on a rolling basis. For
example, we may require a rolling reserve of 10% for a period of 60 days. Under
this requirement, 10% of your transaction proceeds earned on day 1 will be withheld from your
payouts and then be released to you on day 61. Subsequently, 10% of your transaction proceeds earned
on day 2 will be withheld and then released to you on day 62, and so forth. Rolling
reserves are the most common type of reserve.
-
A minimum reserve is a requirement to hold a specific amount of money in your reserve. A minimum
reserve may be funded by contributing a set percentage of your daily transaction proceeds to the
reserve up to the minimum requirement, or by setting-off the entire amount of the
minimum requirement from your pending payouts. For example, if we require a minimum reserve of
$5,000, the reserve may be funded by contributing 10% of your transaction proceeds to the reserve
each day until the amount reaches $5,000. Alternatively, if your pending payouts
equal or exceed $5,000, the minimum reserve may be funded by setting off the reserve requirement
from your pending payouts at one-time in full.
We may require a reserve if we have reason to believe there is an increased risk of non-fulfillment of
your obligations under these Payments Terms of Use. We take into consideration relevant risk factors
before requiring a reserve, including, as applicable (i) your eBay account
history, (ii) whether the category you are listing in has a higher likelihood of chargebacks or
refunds, (iii) whether your eBay account has an elevated number of customer claims or disputes, (iv)
your business and/or personal credit history (business sellers may be subject to
credit agency checks), (v) whether you are selling products in advance of availability (pre-selling
orders), and (vi) whether you have extended delivery time frames. Depending on your performance and
the risk associated with your use of Managed Payments, a reserve may be raised,
lowered, or removed at any time. The amount of each reserve (and any subsequent change) will be
reasonably determined based on the seller-specific risk (including the volume of your sales). The
amount and status of each reserve will be displayed under the Payments tab in the
Seller Hub/My eBay and we will notify you of any reserves we require of you.
If ECA is your Payout Entity, any reserve required of you is further subject to the Seller Reserve Terms and Conditions. By
accepting these Payments Terms of Use, you agree to the
Seller Reserve Terms and Conditions to
the extent they apply to you.
Our Liability
If we have acted with reasonable precautions and/or in accordance with our legal obligations, we are
not liable for any unauthorized, incorrectly, unexecuted, or delayed payment transactions when such
issues were caused by abnormal and unforeseeable circumstances beyond our
control.
Signature
In instances where we are required to collect your signature to meet anti-money laundering and/or
other legal requirements, we may (where not prohibited by applicable law) treat your acceptance of
these Payments Terms of Use as the equivalent of you providing us your signature.
8. Security; Third-Party Providers; Data Protection
Security
You acknowledge the importance of the security measures we put in place with regards to Managed
Payments, and agree to comply with them. You are responsible for maintaining the security of all
passwords, codes, or other login credentials used to access your eBay account and the
related Payment Services and, subject to eBay’s seller protection policies, for any transactions
made or actions taken using your eBay account.
If you become aware of an unauthorized payment transaction or of a delayed or incorrectly executed
transaction, you must notify us immediately by using a contact method stated in the
“Introduction” of these Payments Terms of Use, above. If you notify us by telephone
of such a transaction, we may request written confirmation immediately following the notification. The
notification shall be free of charge.
Third-Party Providers
We may use our Affiliates or third-party service providers (for example companies that process
payments and disburse settlements, perform risk assessments or compliance checks, verify identity, or
validate payment or settlement methods) in different
locations to assist us in providing
Managed Payments. Our Affiliates or third-party service providers may further outsource the services
to other eBay Affiliates or third-party service providers. In this context we
may transfer your data to such eBay Affiliates or third-party service providers to whom services are
outsourced. At times, we may communicate to you through the eBay Affiliate which provides the eBay
Services to you. For example, our Affiliate may notify you of a hold or other
restrictions taken on your account. As relating to outsourced services, you hereby explicitly agree to
our use of such eBay Affiliates or third-party service providers to assist us in providing Managed
Payments and the outsourcing of services in relation thereto (including the
right to sub-outsource), and you accept that the obligation of secrecy does not exist with respect to
the related transfer of data (e.g. contact details, account information, sales related information) to
such eBay Affiliates and third-party service providers. Our Affiliates and
third-party service providers are either subject by law to a professional secrecy obligation, as
provided by the law applicable to the eBay Affiliates or third-party service providers, or will be
contractually bound to comply with strict confidentiality rules. Customer data
transferred in accordance with these purposes will only be accessible to a limited number of persons
within the relevant eBay Affiliates or third-party service providers, on a need to know basis.
Regardless of whether we use eBay Affiliates or third-party service providers, the
appropriate eBay Payment Entity remains responsible to you for the performance of the services
contemplated under these Payments Terms of Use.
In conformity with our User
Privacy Notice, we may also share information collected by us pursuant to these Payments Terms
of Use with our Affiliates as necessary to enable your continued use of our
Payment Services and the eBay Services. Please view our User Privacy Notice for more information on
the collection and processing of personal data, including details on processing purposes and legal
bases under applicable data protection laws.
Data Protection
Our performance of Payment Services entails the processing of your buyer’s personal data when a sale
happens. With respect to such data processing, you, the Responsible Payment Entity, and the Payout
Entity each act as a separate data controller/business under the applicable data
protection laws (which may without limitation include, the General Data Protection Regulation, the
California Consumer Privacy Act, or other data protection laws to which you are subject). You agree
to: comply with your obligations as a data controller/business pursuant to the
applicable data protection laws, and provide us with all such reasonable cooperation, information, and
assistance as necessary for us to meet our requirements as a data controller/business.
9. Collection of Fees and Other Amounts You Owe
You authorize us to collect from you any amounts you owe us, our Affiliates (in particular the Affiliate
which provides the eBay Services to you), or third parties who, as separately authorized by you, provide
services to you in connection with your use of the eBay Services (such
as shipping carriers), under these Payments Terms of Use, the User Agreement, any other
service contract, policy, agreement or as required by law (referred to as “Owed
Amounts”). Owed Amounts typically include the following:
- Fees;
- Amounts as described in “Returns and Cancellations; Refunds”, “Disputes” or
“Fines, Penalties and Losses” in Section 7 above;
- Amounts you owe the eMBG Service Provider under the applicable eMBG Policy;
- Taxes or other charges related to your use of our or our Affiliates’ services, if applicable
and required by law; and
- Amounts we incorrectly settled to you due to a payment processing error or otherwise (see Section 1
above).
For clarity, your authorization permits us to collect amounts which you already owe to us, our
Affiliates or third parties as described above. This authorization does not establish any new claims for
payment against you. In some cases, our Affiliates may assign a claim against you
for payment of Owed Amounts payable by you to us.
Collection of the Owed Amounts may be carried out on a one-time, sporadic, or recurring basis by the
following means:
- Retaining such amounts from your current or future disbursements relating to any transactions that
you may have in connection with any eBay account owned by you;
- Recouping from your Linked Financial Account (and if required, by issuing a direct debit mandate or
other similar authorization);
- Recouping from any other payment instrument or payment method you may have authorized or placed on
file with us or our Affiliates (for example, to pay for seller fees, shipping labels, or dispute
resolution);
- Recouping from your stored value account, if a stored value account has been issued to you;
- Recouping from your payment account, if a payment account has been issued to you (see Part III); and
- Retaining collections agencies or using other collections methods, if the collection by other means
has been unsuccessful.
You authorize us to choose the method of collection among those listed above. We generally deduct Owed
Amounts from your current or future disbursements we process on your behalf. If a stored value account
or payment account has been issued to you, we will deduct the Owed Amounts
from funds held in the relevant stored value account or payment account before disbursing the funds to
you. If your disbursements awaiting payout or funds held are not sufficient to cover these amounts, we
will charge your Linked Financial Account or another payment method on file.
If you have several payment instruments on file, you may indicate a specific payment instrument as your
preferred payment method for collecting Owed Amounts in your eBay account.
You also authorize the Affiliate whom you have entered into the User Agreement with for the
provision of eBay Services to charge you for any Owed Amounts on our behalf from any payment method you
may have
on file with such Affiliate.
If you provide us with a SEPA/BACS direct debit mandate for debiting Owed Amounts from your bank
account, any required advance notice will be given to you at least three days prior to charging your
bank account. At any point prior to you explicitly cancelling a SEPA/BACS direct
debit mandate we have obtained from you, we may deduct Owed Amounts based on such mandate. Unless you
are a consumer in the EU or UK, you waive, to the extent possible under applicable law, any rights you
may have to receive advance notice of any particular preauthorized charge.
If our attempt to recoup an Owed Amount from a payment instrument you have authorized us to use fails
as a result of your acts or omissions, we may charge you for the failed attempt as set forth on the Fee
Page or as applicable in Parts IV and V below.
10. Amendment
All sellers (except consumers in Germany)
We may amend these Payments Terms of Use by notifying you of the changes in writing (for example, by
posting a revised version of these Payments Terms of Use on our website, including the Seller Hub or the
eBay Message Center). Before the anticipated effective date of such change,
we will notify you at least fourteen (14) days prior, or
- if your Payout Entity is eBay Sarl or ECUK, then two (2) months prior;
- if your Payout Entity is ECA, then thirty (30) days prior.
If you are a consumer (i.e., not a business) outside of Germany whose Payout Entity is eBay Sarl or
ECUK, you will be deemed to have consented to these changes unless you explicitly reject them before the
anticipated effective date. For all other sellers, your continued use of
Managed Payments beyond the effective date of the changes will constitute your acceptance of the
changes.
Consumers in Germany
If you are a consumer in Germany, we may offer you changes to these Payments Terms of Use at any time.
We will be notifying you in text-form, for example via email, and/or the Seller Hub or the eBay Message
Center of any proposed changes at least two (2) months before the
anticipated effective date of such change.
The changes offered to you shall only become effective if you accept them as follows:
- If a proposed change is a material change (as defined below), we will ask for your active consent to
such a change.
-
If a proposed change is not a material change, you will be deemed to have consented to these changes
unless you explicitly reject them by notice to us in text form (e.g. via email) before the anticipated
effective date. In case of such changes, we will inform you in the notice
with which we offer you the changes about the right of rejection, the period of time and your
termination right (see subsection below).
A “material change” is a change of these Payments Terms of Use (especially with respect to provisions
defining the type and general scope of the agreed services or the term and termination) in our favor,
which would significantly shift the balance between service and remuneration
to your disadvantage or would effectively establish an entirely new contract.
A change which is due to a requirement of law, a legally binding court decision or an injunction does
not constitute a material change.
Termination right in case of amendments (all sellers)
If you do not agree to proposed changes, you may terminate these Payments Terms of Use, pursuant to
Section 11 (“Term, Termination”) below, without any extra cost at any time before the
effective date. We always publish the amended Payments Terms of Use on the eBay
website.
11. Term, Termination
These Payments Terms of Use are effective indefinitely, unless terminated in accordance with the below.
We may terminate these Payments Terms of Use by giving written notice fourteen (14) days prior or if
eBay Sarl or ECUK is your Payout Entity, then two (2) months prior via email to your registered email
address. However, we may also terminate these Payments Terms of Use on less
notice or with immediate effect in the following scenarios:
- We are required to do so by law or a court order,
- A governmental authority requires us to do so to comply with anti-money laundering or
counter-terrorism financing obligations,
- We have reasonable grounds to believe you are carrying out a prohibited or illegal activity
(including, but not limited to, financial crimes such as fraud, bribery, corruption money laundering,
or sanctions violations),
- We are unable to verify your or your business's identity, or any other information pertaining to
you, or
- You are otherwise in breach of a material contractual obligation of these Payments Terms of Use, or
seriously or persistently violating any provisions of these terms in any other way.
If eBay Sarl or ECUK is your Payout Entity, you may terminate these Payments Terms of Use and close your
payment account, without prejudice to the termination events foreseen above, by giving one (1) month
notice by notifying eBay Sarl preferably via email at
payments@ebay.de or ECUK at Paymentsinfouk@ebay.co.uk or by contacting the Customer
Service via any of the available communication methods (e.g. Contact Us form, chat).
If eBay Sarl or ECUK is not your Payout Entity, you may terminate these Payments Terms of Use by
closing your eBay account; if you use Managed Payments after such termination, you will be deemed to
have again accepted these Payments Terms of Use.
If you give notice of termination to one eBay Payment Entity, such notice shall also be deemed as a
termination notice to the remaining eBay Payment Entities.
Your use of the eBay Services as a seller requires continued registration for Managed Payments. Should
you therefore terminate this agreement, you will not be able to use the eBay Services provided by our
Affiliates. Our Affiliates which provide you the eBay Services according to
the User Agreement may terminate the User Agreement pursuant to the termination provisions therein.
Termination of this Agreement shall not affect the rights or liabilities of either party accrued until
termination and/or any terms intended (expressly or implicitly) to survive termination, including your
obligation to pay amounts owed to us relating to your activities prior to
termination and our right to collect from you such amounts in accordance with these Payments Terms of
Use. If there are pending payment transactions at the time the termination takes effect, they will be
processed pursuant to terms of these Payments Terms of Use unless prohibited
by law. As of the effective date of the termination, you will not be able to sell any items on eBay
Services anymore.
12. Assignment
In our sole discretion, we may assign our rights and obligations under these Payments Terms of Use and,
in such event, we will notify you accordingly.
II. ADDITIONAL TERMS FOR SERVICES PROVIDED BY eCI
In addition to the General Payments Terms above, the following provisions apply with respect to Payment
Services you receive from eCI. Within this section, “we” or “us” refers to eCI.
As between you and eCI, these Payments Terms of Use incorporate by this reference the provisions of the User
Agreement to the extent applicable to this agreement. In the event of any
conflict between the User
Agreement and these Payments Terms of Use, these Payments Terms of Use will govern.
We may change, discontinue, enhance, or modify features of Managed Payments at any time.
1. Appointment of eCI as Agent
eCI will receive payments on your behalf as your agent. You hereby appoint eCI as your agent
for the limited purpose of receiving, holding and settling payments for Managed Payments
transactions.
A payment received by us from a buyer, on your behalf, satisfies the buyer's obligation to you in the
amount of the payment received, regardless of whether we actually settle such payment to you. In the
event that we do not make any such payment to you as described in these
Payments Terms of Use, you will have recourse against us only and not against the buyer, as such payment
is deemed to be made by the buyer to you upon receipt by us. To the extent permissible under the rules
of any third-party or governmental body with jurisdiction over us, you
agree that we are not liable for your acts and omissions and you understand that we disclaim any such
liability.
2. Receipt and Settlement of Funds
After a Managed Payments transaction occurs, you will receive a notification confirming such payment
transaction.
In certain instances, your transaction may be declined, frozen, or held for any reason including
for suspected fraud, high risk or potential violation of any regulation, compliance with economic or
trade sanctions, eBay or eCI policies, or a policy of one of our third-party
payments services providers.
Funds received by us on your behalf represent an unsecured claim for payment against us, but do not
constitute deposits; nor are these amounts eligible for FDIC pass-through insurance. eCI may combine
your funds with the funds of other eCI customers in pooled custodial accounts and
invest the funds in accordance with state money transmitter laws. You do not have any ownership interest
in these investments and any interest earned from these investments will be retained by us. To the
extent you may have any beneficial ownership in the interest or proceeds of
these investments, your acceptance of these terms constitutes an assignment of any right, title or
interest therein to us.
If we are your Payout Entity, we will initiate settlement of proceeds received to your Linked Financial
Account. We may, in our sole discretion, offer you the option to receive your proceeds to a stored value
account issued to you by us. Your transaction proceeds, other than those
being held in accordance with these Payments Terms of Use, and subject to the estimated settlement times
set forth in the next sentence, will be aggregated to a batch for settlement to you on a regular basis
(for example, a single daily settlement for all transactions ready for
disbursement to you that day), unless otherwise requested by you and agreed to by us. We anticipate that
Managed Payments transaction proceeds will generally be settled to your Linked Financial Account
approximately two to seven business days after the buyer's transaction, although
actual settlement times may vary for individual transactions based on circumstances such as your bank's
processing times. Notwithstanding the foregoing, when you onboard to Managed Payments, we may initially
place you on a different payout schedule (no less frequently than monthly)
and will communicate the applicable payout schedule to you in My eBay or Seller Hub.
We may diverge from this procedure as needed for compliance or operational reasons. If we are unable to
settle the Managed Payments proceeds, then, depending on the reason why we are unable to settle the
proceeds, we may refund the buyer or otherwise process these funds in
accordance with applicable law, including abandoned property laws, such as by escheating funds to a
governmental body after the passage of an applicable period of time, or our policies.
3. Authorization for Collection of Owed Amounts
You hereby authorize eCI to debit or charge any Owed Amount from your Linked Financial Account
or any other payment method you have on file with us, including your stored value account (if stored
value has been issued to you). Your authorization will remain in full force and
effect until the earlier occurrence of: our receipt from you of any written communication that revokes
such authorization, or upon the closure or termination of your eBay account.
To the extent permitted by law, you hereby irrevocably sell, assign, grant, convey and transfer to eBay
and its Affiliates, as applicable, all of your rights, title, and interests in any and all accounts
receivable, payments of money, and general intangibles owed in your favor to
satisfy any and all obligations or liabilities you owe to eBay or its applicable Affiliate in connection
with your use of Managed Payments and eBay Services for the sale of goods or services to your Buyers.
4. Legal Disputes
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT
ON HOW CLAIMS YOU AND eCI HAVE AGAINST EACH OTHER ARE RESOLVED.
You and eCI agree that any claim or dispute at law or equity that has arisen, or may arise,
between you and eCI (or any related third parties) that relates in any way to or arises out of this or
previous versions of these Payments Terms of Use, your use of or access to Managed
Payments, or the actions of eCI or its agents, will be resolved in accordance with the provisions set
forth in this Legal Disputes Section. Any translation of these Payments Terms of Use and all related
documents is done for our users’ convenience and in the event of a dispute
between the English and any Chinese-language versions, the English version of these Payments Terms of
Use and all related documents shall govern.
A. Applicable Law
You agree that, except to the extent inconsistent with or preempted by federal law, the laws of the
State of Utah, without regard to principles of conflict of laws, will govern these Payments Terms of
Use and any claim or dispute that has arisen or may arise between you and eCI,
except as otherwise stated in these Payments Terms of Use.
B. Agreement to Arbitrate
You and eCI each agree that any and all disputes or claims that have arisen, or may arise,
between you and eCI (or any related third parties) that relate in any way to or arise out of this or
previous versions of these Payments Terms of Use, your use of or access to Managed
Payments, the actions of eCI or its agents, or any products or services sold, offered, or purchased
through the Services shall be resolved exclusively through final and binding arbitration, rather
than in court. In this Legal Disputes Section, the term “related third parties”
includes your and eCI’s respective affiliates, subsidiaries, parent companies, predecessors,
successors, assigns, as well as your, eCI’s, and these entities’ employees and agents.
Alternatively, you may assert your claims in small claims court, if your claims qualify and so
long as the matter remains in such court and advances only on an individual (non-class,
non-representative) basis. The Federal Arbitration Act governs the interpretation and enforcement of
this Agreement to Arbitrate.
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Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND ECI AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL
BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, OR REPRESENTATIVE OR
PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. UNLESS BOTH YOU AND ECI AGREE OTHERWISE, THE
ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT
OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, CLASS, OR PRIVATE ATTORNEY
GENERAL ACTION OR PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING
MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING
RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S
INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.
If a court decides that applicable law precludes enforcement of any of this paragraph's
limitations as to a particular claim or a particular request for a remedy (such as a request for
injunctive relief), then that claim or that remedy request (and only that claim or that
remedy request) must be severed from the arbitration and may be brought in court, subject to your
and eCI’s right to appeal the court's decision. All other claims will be arbitrated.
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Arbitration Procedures
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator
instead of a judge or jury, and court review of an arbitration award is very limited. However, an
arbitrator can award the same damages and relief on an individualized basis that a
court can award to an individual. An arbitrator should apply the terms of these Payments Terms of
Use as a court would. All issues are for the arbitrator to decide, except that issues relating to
arbitrability, the scope or enforceability of this Agreement to Arbitrate, or
the interpretation of Section 1 of this Agreement to Arbitrate ("Prohibition of Class and
Representative Actions and Non-Individualized Relief"), shall be for a court of competent
jurisdiction to decide.
The arbitration will be conducted by the American Arbitration Association ("AAA") under its rules
and procedures, including the AAA's Consumer Arbitration Rules and the AAA’s Commercial
Arbitration Rules (as applicable), as modified by this Agreement to Arbitrate. The
AAA's rules are available at www.adr.org. In the event that the
AAA is unavailable to administer the arbitration, another administrator will be selected by the
parties or the court.
A party who intends to seek arbitration must first send to the other, by certified mail, a valid
Notice of Dispute ("Notice"), which may be downloaded at this link:
https://p.ebaystatic.com/aw/help/legal/Notice_of_Dispute.pdf.
The Notice to eCI must be sent to eBay Inc., Attn: Litigation Department, Re: Notice of Dispute,
583 W. eBay
Way, Draper, UT 84020. Any such Notice addressed to and received by eBay will also be deemed to be
received by eCI, if such Notice regards services offered by eCI. eCI will send any Notice to you
to the physical address we have on file associated with your eBay account; it is
your responsibility to keep your physical address up to date. To be valid, you must personally
sign the Notice and complete all information on the Notice form, including a description of the
nature and basis of the claims the party is asserting, the specific relief sought,
and the email address and phone number associated with your account.
If you and eCI are unable to resolve the claims described in a valid Notice within 30 days after
eCI receives the Notice, you or eCI may initiate arbitration proceedings. A form for initiating
arbitration proceedings is available on the AAA's site at www.adr.org. In addition
to filing this form with the AAA in accordance with its rules and procedures, the party initiating
the arbitration must mail a copy of the completed form to the opposing party. You may send a copy
to eCI at the following address: eBay Commerce Inc. c/o CT Corporation System,
1108 E South Union Ave., Midvale, UT 84047. In the event eCI initiates an arbitration against you,
it will send a copy of the completed form to the physical address we have on file associated with
your eBay account. Any settlement offer made by you or eCI shall not be
disclosed to the arbitrator.
Where no disclosed claims or counterclaims exceed $25,000, the dispute shall be resolved by the
submission of documents only, subject to the arbitrator's discretion to require an in-person
hearing, if the circumstances warrant. In cases where an in-person hearing is held, you
and/or eCI may attend by telephone, unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with applicable law,
including recognized principles of equity, and will honor all claims of privilege recognized by
law. The arbitrator shall not be bound by rulings in prior arbitrations involving
different users, but is bound by rulings in prior arbitrations involving the same eCI user to the
extent required by applicable law. The arbitrator's award shall be final and binding and judgment
on the award rendered by the arbitrator may be entered in any court having
jurisdiction thereof.
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Costs of Arbitration
Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules,
unless otherwise stated in this Agreement to Arbitrate. If you complied with the Notice of Dispute
procedures of Section 2 of this Agreement to Arbitrate (“Arbitration Procedures”)
and the value of the relief sought is $10,000 or less, at your request, eCI will pay all
administration, and arbitrator fees associated with the arbitration. Any request for payment of
fees by eCI should be submitted by mail to the AAA along with your Demand for Arbitration
and eCI will make arrangements to pay administration and arbitrator fees directly to the AAA. In
the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous,
you agree to reimburse eCI for all fees associated with the arbitration paid by eCI
on your behalf that you otherwise would be obligated to pay under the AAA's rules. eCI will pay as
much of the filing, administration, and arbitrator fees as the arbitrator deems necessary to
prevent the cost of accessing the arbitration forum from being prohibitive.
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Severability
With the exception of any of the provisions in Section 1 of this Agreement to Arbitrate
("Prohibition of Class and Representative Actions and Non-Individualized Relief"), if an
arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or
unenforceable, the other parts of this Agreement to Arbitrate shall still apply.
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Opt-Out Procedure
IF YOU ARE A NEW USER OF OUR PAYMENT SERVICES, YOU CAN CHOOSE TO REJECT THIS AGREEMENT TO
ARBITRATE ("OPT-OUT") BY MAILING US A WRITTEN OPT-OUT NOTICE ("OPT-OUT NOTICE"). THE OPT-OUT
NOTICE MUST BE POSTMARKED NO LATER THAN 30 DAYS AFTER THE DATE YOU ACCEPT THESE PAYMENTS
TERMS OF USE FOR THE FIRST TIME. YOU MUST MAIL THE OPT-OUT NOTICE TO EBAY INC., ATTN: LITIGATION
DEPARTMENT, RE: OPT-OUT NOTICE, 583 WEST EBAY WAY, DRAPER, UT 84020. ANY SUCH OPT-OUT NOTICE
ADDRESSED TO AND RECEIVED BY EBAY WILL ALSO BE DEEMED TO BE RECEIVED BY ECI, IF SUCH
OPT-OUT NOTICE REGARDS SERVICES OFFERED BY ECI.
For your convenience, we are providing an Opt-Out Notice form. You must
complete and mail that to us in order to opt out of the Agreement to Arbitrate. You must complete
the Opt-Out Notice form by providing
the information called for in the form, including your name, address (including street address,
city, state and zip code), and the user ID(s) and email address(es) associated with the eBay
Service account(s) to which the opt-out applies. You must sign the Opt-Out Notice for
it to be effective. This procedure is the only way you can opt out of the Agreement to Arbitrate.
If you opt out of the Agreement to Arbitrate, all other parts of these Payments Terms of Use and
its Legal Disputes Section will continue to apply to you. Opting out of this
Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that
you may have with us.
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Future Amendments to the Agreement to Arbitrate
Notwithstanding any provision in the User Agreement or these Payments Terms of Use to the
contrary, you and we agree that if we make any amendment to this Agreement to Arbitrate (other
than an amendment to any notice address or site link provided herein) in the future, that
amendment shall not apply to any claim that was filed in a legal proceeding against eCI prior to
the effective date of the amendment. The amendment shall apply to all other disputes or claims
governed by the Agreement to Arbitrate that have arisen or may arise between you and
eCI. We will notify you of amendments to this Agreement to Arbitrate by posting the amended terms
on www.eBay.com at least 30 days before the effective date of the amendments and by providing
notice through the eBay Message Center and/or by email. If you do not agree to these
amended terms, you may close your account within the 30-day period and you will not be bound by
the amended terms.
C. Judicial Forum for Legal Disputes
Unless you and we agree otherwise, in the event that the Agreement to Arbitrate above is found not to
apply to you or to a particular claim or dispute, either as a result of your decision to opt out of
the Agreement to Arbitrate or as a result of a decision by the arbitrator or a
court order, you agree that any claim or dispute that has arisen or may arise between you and eCI must
be resolved exclusively by a state or federal court located in Salt Lake County, Utah. You and eCI
agree to submit to the personal jurisdiction of the courts located within Salt
Lake County, Utah for the purpose of litigating all such claims or disputes.