Please read these Payments Terms of Service carefully as they contain important information about your legal rights, remedies and obligations. By using the Payment Services, you agree to comply with and be bound by these Payments Terms of Service.
Last Updated: April 02, 2018
These Payments Terms of Service (“Payments Terms”) constitute a legally binding agreement (“Agreement”) between you and Grey Louis governing the Payment Services (defined below) conducted through or in connection with the Grey Louis Platform.
When these Payments Terms mention “Grey Louis Payments,” “we,” “us,” or “our,” it refers to the Grey Louis company
The Grey Louis Terms of Service (“Grey Louis Terms”) separately govern your use of the Grey Louis Platform. All capitalized terms have the meaning set forth in the Grey Louis Terms unless otherwise defined in these Payments Terms.
1. Scope and Use of the Payment Services
1.1 Grey Louis Payments provides payments services to Members, including payment collection services, payments and payouts, in connection with and through the Grey Louis Platform (“Payment Services”).
1.2 Grey Louis Payments may restrict the availability of the Payment Services, or certain services or features thereof, to carry out maintenance measures that ensure the proper or improved functioning of the Payment Services. Grey Louis Payments may improve, enhance and modify the Payment Services and introduce new Payment Services from time to time.
1.3 The Payment Services may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services are subject to different terms and conditions and privacy practices and Members should review them independently. Grey Louis Payments is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Grey Louis Payments of such Third-Party Services.
1.4 You may not use the Payment Services except as authorized by Danish law, European law, and any other applicable laws. In particular, but without limitation, the Payment Services may not be used to send or receive funds: into any UN embargoed countries. You represent and warrant that: neither you nor your Company are located or take place in a country that is subject to a UN Government embargo. In addition to complying with the above, you must also comply with any relevant export control laws in your local jurisdiction.
1.5 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 for 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. Key Definitions
“Grey Louis Standard Fee” is the eliable fee for Companies making a Campaign.
“Price estimation” means an estimation of price based on various selections you make when creating a Campaign.
“Influencer payment” means the price you want to pay the Influencer for the services selected.
“VAT” means value added tax and is a general tax decided by the national authorities and EU.
“Payment Method” means a financial instrument that you use to pay with when making a Campaign, such as a credit card or debit card.
3. Modification of these Payments Terms
Grey Louis Payments reserves the right to modify these Payments Terms at any time in accordance with this provision. If we make changes to these Payments Terms, we will post the revised Payments Terms on the Grey Louis Platform and update the “Last Updated” date at the top of these Payments Terms. Where appropriate we will also provide you with notice by email of the modification. If you disagree with the revised Payments Terms, you may terminate this Agreement with immediate effect. We will inform you about your right of refusal and your right to terminate this Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued use of the Payment Services will constitute acceptance of the revised Payments Terms.
4. Eligibility, Member Verification
4.1 If you are agreeing to these Payments Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Payments Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
4.2 Grey Louis Payments may make access to and use of certain areas or features of the Payment Services subject to certain conditions or requirements, such as completing a verification process or meeting specific eligibility criteria.
4.3 We may make inquiries we consider necessary to help verify or check your identity or prevent fraud. In some jurisdictions, we have a legal obligation to collect identity information to comply with anti-money laundering regulations. This may include 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; requiring you to take steps to confirm ownership of your email address, Payment Methods or Payout Methods; or attempting to screen your information against third-party databases. Grey Louis Payments reserves the right to close, suspend, or limit access to the Payment Services in the event we are unable to obtain or verify any of this information.
5. Account Registration
5.1 In order to use the Payment Services, you must have an Grey Louis Account in good standing. If you or Grey Louis closes your Grey Louis Account for any reason, you will no longer be able to use the Payment Services.
5.2 You may authorize a third party to use your Grey Louis Account in accordance with the Grey Louis Terms. You acknowledge and agree that anyone you authorize to use your Grey Louis Account may use the Payment Services on your behalf and that you will be responsible for any payments made by such person.
6. Payment Methods
6.1 When you use a Payment Method with your Grey Louis Account, you could be asked to provide customary billing information such as name, billing address, and financial instrument information either to Grey Louis Payments or its third-party payment processor(s). You must provide accurate, current, and complete information when using a Payment Method, and it is your obligation to keep your Payment Method up-to-date at all times.
6.2 Please note that Payment Methods may involve the use of third-party payment service providers. Your Payment Method may also be subject to additional terms and conditions imposed by the applicable third-party payment service provider; please review these terms and conditions before using your Payment Method
6.3 You authorize Grey Louis Payments to store your Payment Method information and charge your Payment Method as outlined in these Payments Terms. 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 partner or your bank and update your Payment Method on file in your Grey Louis Account.
6.4 You are solely responsible for the accuracy and completeness of your Payment Method. Grey Louis Payments is not responsible for any loss suffered by you as a result of incorrect Payment Method or Payout Method information provided by you.
7. Financial Terms
7.1 You authorize Grey Louis Payments to charge your Payment Method the Total Fees for any Campaign created in connection with your Grey Louis Account. Grey Louis Payments will collect the Total Fees in the manner agreed between you and Grey Louis Payments via the Grey Louis Platform. Grey Louis Payments will generally collect the Total Fees after the Influencer accepts your Campaign request. Once the payment transaction for your Campaign is successfully completed you will receive a confirmation email.
7.2 If a requested Campaign is cancelled either because it is not accepted by the Influencer or you cancel the Campaign request before it is accepted by the Influencer , any amounts collected by Grey Louis Payments will be refunded to you, and any pre-authorization of your Payment Method will be released (if applicable). The timing to receive the refund or for the pre-authorization to be released will vary based on the Payment Method and any applicable payment system (e.g., Visa, MasterCard, etc.) rules.
7.3 You authorize Grey Louis Payments to perform the Payment Method verifications described in Sections 6 and 8, and to charge your Payment Method for any Campaigns made in connection with your Grey Louis Account. You hereby authorize Grey Louis Payments to collect any amounts due by charging the Payment Method provided at the Influencer payment, either directly by Grey Louis Payments or indirectly, via a third-party online payment processor.
7.4 Grey Louis Payments is not responsible for any fees that a Company’s third-party payment service provider may impose when Grey Louis Payments charges the Company’s Payment Method, and Grey Louis Payments disclaims all liability in this regard.
8. Appointment of Grey Louis Payments as Limited Payment Collection Agent
8.1 Each Member collecting payment for services provided via the Grey Louis Platform (such as Campaigns, or other Influencer Services, or disputes trough Grey Louis) (“Providing Member”) hereby appoints Grey Louis Payments as the Providing Member’s payment collection agent solely for the limited purpose of accepting funds from Members purchasing such services (“Purchasing Members”).
8.2 Each Purchasing Member acknowledges and agrees that, notwithstanding the fact that Grey Louis Payments is not a party to the agreement between you and the Providing Member, Grey Louis Payments acts as the Providing Member’s payment collection agent for the limited purpose of accepting payments from you on behalf of the Providing Member. Upon your payment of the funds to Grey Louis Payments, your payment obligation to the Providing Member for the agreed upon amount is extinguished, and Grey Louis Payments is responsible for remitting the funds to the Providing Member in the manner described in these Payments Terms, which constitute Grey Louis Payments’ agreement with the Purchasing Member. In the event that Grey Louis Payments does not remit any such amounts, the Providing Member will have recourse only against Grey Louis Payments and not the Purchasing Member directly.
9. General Financial Terms
9.1 Service Fees and Other Fees
9.1.1 Grey Louis Payments collects the Service Fees charged by Grey Louis pursuant to the Grey Louis Terms. Where applicable, Grey Louis Payments may also collect Taxes (such as VAT in Europe) in respect of the Company Fees. Grey Louis Payments deducts the Campaign Fees from the Influencer payment before remitting the Payout to the Influencer as described in these Payments Terms. Campaign Fees are included in the Total Fees collected by Grey Louis Payments.
9.1.2 The Grey Louis Standard Fee is calculated by adding a certain percentage to the desired Influencer payment. The fee is applicable to a Company a Campaign. You find the current fee below:
Grey Louis Standard Fee: 8%
9.2 Disputes and refunds
9.2.1 The Company agrees that a confirmed Campaign is binding and incase non-refundable
9.2.2 If an Influencer does not begin it’s work on an accepted Campaign within the Campaigns timeframe, Grey Louis Payments will provide the Company a full refund of the Total Fees within a commercially reasonable time of the cancellation.
9.2.3 If, as a Company, you wish to dispute a confirmed booking, you agree that Grey Louis Payments may collect any fees imposed pursuant to the Grey Louis Terms or these terms. In these instances, Grey Louis Payments may treat your dispute as a payment authorization.
If Grey Louis find the dispute reason inadequate it may only refund partially if at all.
9.2.4 If an influencer does not deliver the agreed upon Influencer services, a Company may be entitled to a full or partially refund. In this case Grey Louis will decide on the amount and how it’s divided between the parties.
9.2.5 All refunds may be subject to the Grey Louis Terms and Payment terms. If a Company or Grey Louis decides for any reason to cancel a confirmed booking pursuant to the Grey Louis Terms, you agree that Grey Louis Payments will not have any liability for such cancellations or refunds aside from its obligations to remit refunds or Payouts pursuant to these Payments Terms.
9.3 Payment Processing Errors
We will take steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the same Payout Method or Payment Method used for the original Payout to or payment by you, so that you end up receiving or paying the correct amount.
If Grey Louis Payments is unable to collect any amounts you owe under these Payments Terms, Grey Louis Payments may engage in collection efforts to recover such amounts from you.
You hereby explicitly agree that all communication in relation to amounts owed will be made by electronic mail or by phone, as provided to Grey Louis and/or Grey Louis Payments by you. Such communication may be made by Grey Louis, Grey Louis Payments, or by anyone on their behalf, including but not limited to a third-party collection agent.
10.1 In any jurisdiction where Grey Louis facilitates Collection and Remittance pursuant to the Grey Louis Terms, you hereby instruct and authorize Grey Louis Payments to collect Value Added Taxes (such as VAT in Europe) from Companies on the Influencer’s behalf at the time the Campaign Fees are collected, and to remit such Value Added Taxes to the Tax Authority. The amount of Value Added Taxes, if any, collected and remitted by Grey Louis Payments will be visible to and separately stated to both Company and Influencer on their respective transaction documents. You expressly agree to release, defend, indemnify, and hold Grey Louis Payments and its affiliates and subsidiaries, and their officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, debts, obligations, and expenses, including, without limitation, reasonable legal and/or accounting fees, arising out of or in any way related to Value Added Taxes, including, without limitation, the applicability of, calculation, collection or remittance of Value Added Taxes in any amount or at all as to your transactions or Campaigns.
10.2 You agree that any claim or cause of action relating to Grey Louis Payments’ facilitation of Collection and Remittance shall not extend to any supplier or vendor that may be used by Grey Louis in connection with facilitation of Collection and Remittance of Value Added Taxes, if any. Companies agree that we may seek additional amounts from you in the event that the Taxes collected and/or remitted are insufficient to fully discharge your obligations to the Tax Authority, and agree that your sole remedy for Value Added Taxes collected is a refund of Value Added Taxes collected by Grey Louis from the applicable Tax Authority in accordance with applicable procedures set by that Tax Authority.
11. Prohibited Activities
You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Payment Services. In connection with your use of the Payment Services, you may not and you agree that you will not and will not assist or enable others to:
- breach or circumvent any applicable laws or regulations, agreements with third parties, third-party rights, or the Grey Louis Terms, Policies, or Standards;
- use the Payment Services for any commercial or other purposes that are not expressly permitted by these Payments Terms;
- register or use any Payment Method or Payout Method with your Grey Louis Account that is not yours or you do not have authorization to use;
- take any action that damages or adversely affects, or could damage or adversely affect, the performance or proper functioning of the Payment Services;
You agree to release, defend (at Grey Louis’s option), indemnify, and hold Grey Louis Payments and its affiliates and subsidiaries, and 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 out of or in any way connected with (i) your breach of these Payments Terms; (ii) your improper use of the Payment Services; (iii) Grey Louis Payments’ Collection and Remittance of Occupancy Taxes; or (iv) your breach of any laws, regulations, or third-party rights.
13. Applicable Law and Jurisdiction
These Terms will be interpreted in accordance with Danish law. Judicial proceedings that you are able to bring against us arising from or in connection with these Terms may only be brought in a court located in Denmark. You agree to submit to the exclusive jurisdiction of the Danish courts.
14. Arbitration Agreement
14.1 Any dispute arising out of or in connection with this agreement, including any disputes regarding the existence, validity or termination thereof, shall be settled by mediation administrated by The Danish Institute of Arbitration in accordance with the rules on mediation adopted by The Danish Institute of Arbitration and in force at the time when such proceedings are commenced.
14.2 If the mediation proceedings are terminated without a settlement, the dispute shall be settled by arbitration administrated by The Danish Institute of Arbitration in accordance with the rules of arbitration procedure adopted by The Danish Institute of Arbitration and in force at the time when such proceedings are commenced
15. General Provisions
15.1 Except as they may be supplemented by additional terms and conditions, policies, guidelines, or standards, these Payments Terms constitute the entire Agreement between Grey Louis Payments and you regarding the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Grey Louis Payments and you regarding the Payment Services.
15.2 No joint venture, partnership, employment, or agency relationship exists between you or Grey Louis Payments as a result of this Agreement or your use of the Payment Services.
15.3 If any provision of these Payments 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.
15.4 Grey Louis Payments’ failure to enforce any right or provision in these Payments 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 Payments Terms, the exercise by either party of any of its remedies under these Payments Terms will be without prejudice to its other remedies under these Payments Terms or otherwise permitted under law.
15.5 This Agreement does not and is not intended to confer any rights or remedies upon any person other than the parties. Notwithstanding the foregoing, the parties agree that the payment card networks are third-party beneficiaries of this Agreement for purposes of enforcing provisions related to payments, but that their consent or agreement is not necessary for any changes or modifications to this Agreement.
15.6 Unless specified otherwise, any notices or other communications permitted or required under this Agreement, will be in writing and given by Grey Louis Payments via email, Grey Louis Platform notification, or messaging service.
These Payments Terms are available at www.Grey Louis.com/terms/payments_terms. Grey Louis Payments will provide a copy of these Payments Terms on request. If you have any questions about these Payments Terms, please email us.