This Fee and ACH Authorization Agreement (this “Agreement”) provides information on the fees Tourfrombali and its Affiliate Tourfrombali Travpart Inc. (“Tourfrombali Travpart”) charge for use of the Site’s communication, invoicing, dispute resolution and payment services, including Payment Protection, and includes eligible Users’ authorization for debits and credits from and to their designated bank accounts via the automated clearing house network (“ACH”). This Agreement is part of the Terms of Service. Capitalized terms not defined in this Agreement are defined in the User Agreement, Site Terms of Use, or elsewhere in the Terms of Service.
By continuing to use the Site or the Site Services on or after the Effective Date, you accept and agree to this Agreement. To the extent permitted by applicable law and except as otherwise provided in the Terms of Service, we may modify this Agreement without prior notice to you, and any revisions to this Agreement will take effect when posted on the Site unless otherwise stated. However, we will provide advance notice of any increase in prices or fees. Please check the Site often for updates.
Pursuant to the Sub agent Membership Agreement, Tourfrombali charges Sub agents a Membership Fee. Additionally, the use of various Payment Methods offered through the Site and the Site Services may incur added fees or charges. All Payment Methods will be posted on the Site along with any associated fees or charges, which we may update from time to time at our sole discretion. You hereby authorize Tourfrombali to charge to you and to collect from you, (consistent with this Agreement, the User Agreement, or elsewhere in the Terms of Service), any fees, charges, or taxes described in this Section 1.
We will charge you a Service Fee based on the total Sub agent Fees collected by you from your Client (less any refunds or reversals) for the duration of your relationship with your Client (the “Engagement Relationship”). Unless different pricing described in Section 1.2, 1.3, or 1.4 applies, the Service Fee rates decrease as the total Sub agent Fees you have collected from your Client for the Engagement Relationship meet certain thresholds as follows (“Tiered Pricing”):
TOTAL SUB AGENT FEES COLLECTED FROM CLIENT (per Gross Profit Engagement Relationship) |
SERVICE FEE RATES |
---|---|
$500.00 and below | 20% |
$500.01-$10,000.00 | 10% |
$10,000.01 and up | 5% |
Below are some examples of Tiered Pricing.
Note: The Service Fee will appear as a single amount in your Account, rather than separate amounts as shown in the example above. Examples in this Agreement are provided for illustrative purposes only and are not binding. Because of rounding, the Service Fees charged may differ slightly.
If payments made by a Client are released to the Client Travpart Account for any reason or refunded by a Sub agent, the Payment Processing Fee, if applicable, will not be refunded.
Clients are charged the rate(s) provided in the applicable Client contract and are not charged the Payment Processing Fee, unless otherwise provided in the applicable Client contract.
If and to the extent permitted by Tourfrombali in its sole discretion, Users may pay Sub agent Fees, Membership Fees, and other fees owed under the Terms of Service from their designated bank accounts. Subject to Tourfrombali’s eligibility requirements, if you elect to pay Sub agent Fees or any other fees owed under the Terms of Service via ACH transfers from your designated bank account, you hereby authorize Tourfrombali Travpart to electronically debit and, if necessary, electronically credit your designated bank account via ACH for such fees pursuant to the Terms of Service, and you agree to comply with the ACH rules issued by the National Automated Clearing House (“NACHA”) and all applicable laws, including, but not limited to, the federal Bank Secrecy Act, Indonesia Patriot Act, and economic sanctions overseen by the Office of Foreign Assets Control (OFAC). Your authorization for ACH transfers contained in this Section 3 will remain in full force and effect until you notify us that you wish to revoke your authorization by removing your bank account information from you Profile or by contacting Customer Support. You understand that we require at least one (1) business day’s prior notice in order to cancel your authorization for ACH transfers contained in this Section 3.
You must notify us of any change in your designated bank account’s information at least five (5) business days before any such change by updating your bank account information in your Profile or by contacting Customer Support. If we do not receive notice at least five (5) days before any such change, we may attempt, in our sole discretion, to implement such change prior to any ACH debit or credit transfer
Example 1. Fixed-Price Contract; Repeat Service Contracts
If a Sub agent and a Client who have never entered into a Service Contract together before agree to a $600 Fixed-Price Contract, the Service Fee will be calculated as follows:
GROSS PROFIT OF SUB AGENT | SERVICE FEE RATES | SERVICE FEES |
---|---|---|
$500 | 20% | $100 ($500 x 20%) |
$100 | 10% | $10 ($100 x 10%) |
Total Sub Agent Fees: $600 (Total Engagement Relationship Fees: $600) |
- | Total Service Fees appearing as a single amount: $110 |
Note: The Service Fee will appear as a single amount in your Account, rather than separate amounts as shown in the example above. Examples in this Agreement are provided for illustrative purposes only and are not binding. Because of rounding, the Service Fees charged may differ slightly. If the same Sub agent and Client agree to another $600 Fixed-Price Contract, the Service Fee will be calculated as follows:
GROSS PROFIT OF SUB AGENT | SERVICE FEE RATES | SERVICE FEES |
---|---|---|
$600 | 10% | $60 ($600 x 10%) |
Total Sub Agent Fees: $600 (Total Engagement Relationship Fees: $1,200) |
- | Total Service Fees: $60 |
If the same Sub agent and Client enter into additional Fixed-Price Contracts for different Service Contracts, the Sub agent Fees for each Service Contract will count toward the total Sub agent Fees collected for purposes of determining the Tiered Pricing that applies to the Service Fees. If the Sub agent collects $10,000 in Sub agent Fees from the Client, then the Service Fee on any additional Sub agent Fees for the Engagement Relationship with the Client will be 5% of the Sub agent Fees. For example, if the Sub agent has reimbursed a total of $15,000 in Sub agent commission during the Engagement Relationship and the Sub agent and Client enter into a new Fixed-Price Contract for $1,000, the Service Fee would be determined as follows:
GROSS PROFIT OF SUB AGENT | SERVICE FEE RATES | SERVICE FEES |
---|---|---|
$1,000 | 5% | $50 ($1,000 x 5%) |
Total Sub Agent Fees: $1,000 (Total Engagement Relationship Fees: $16,000) |
- | Total Service Fees: $50 |
performed pursuant to your authorization provided in this Section 3. However, we assume no responsibility for our failure to do so.
You may view a history of your Account transactions by logging in to the Site. You are solely responsible for promptly reconciling your Account transaction history with the transaction records for your bank account. You must notify us of any errors or discrepancies in your Account transaction history (each, an “Error”) within 30 days of when the Error could be viewed in your Account transaction history on the Site. If you do not notify us of an Error within 30 days of when the Error could be viewed in your Account transaction history on the Site, you will forfeit the right to contest the Error, except to the extent such forfeiture is prohibited by applicable law or the NACHA rules.
Subject to the foregoing notice requirement: (a) if and to the extent an Error is caused by us, we will correct the Error and (b) if an Error is caused by you, we may, but are under no obligation to, attempt to correct the Error and will offset any costs we incur from any funds returned to your bank account or your Client Travpart Account, as applicable.