Kushtet e shërbimit të zbritjeve automatike
Last Updated: September 28, 2017
Welcome to Automatic Deduction, a Payments Service available through the Airbnb Platform that allows Hosts to have a portion of their Payouts transferred directly to Kabbage, Inc. (“Kabbage”) as part of the Host Capital Powered by Kabbage program.
For purposes of these Automatic Deduction Terms, you are contracting with the same Airbnb entities indicated in the TOS and Payments Terms. In the event of a conflict between one or more of the terms of the TOS, Payments Terms and these Automatic Deduction Terms, the terms in this agreement will prevail unless explicitly stated otherwise.
All capitalized terms not defined here have the meaning given to them in the TOS or Payments Terms.
“Advance Agreement” is the Advance Agreement for Airbnb Host Capital Powered by Kabbage entered into between you and Kabbage.
“Automatic Deduction” is a Payment Service whereby Airbnb Payments transfers a portion of your Payouts to Kabbage related to the Advance Agreement and in the manner described in these Terms .
“Eligible Payout Amount” is the Payout, or portion thereof, consisting of revenue generated through bookings of your Listing(s) on the Airbnb Platform that is subject to your Advance Agreement.
“Holdback Rate” is the percentage of each Eligible Payout Amount you have agreed to transfer to Kabbage pursuant to the Advance Agreement.
“Host Advance” is the sale to Kabbage of revenue generated through bookings of your Listing(s) on the Airbnb Platform pursuant to the Advance Agreement.
“Program” is the Host Capital Powered by Kabbage program.
“Transfer” is the payment by Airbnb Payments of a Transfer Amount to Kabbage.
“Transfer Amount” is the portion of each Payout, calculated by multiplying the Holdback Rate by the Eligible Payout Amount, transferred to Kabbage by Airbnb Payments in the manner described in these Terms. In the event of your default under the Advance Agreement, Transfer Amount also means any Eligible Payout Amounts due to Kabbage under the Advance Agreement.
Under the Automatic Deduction service, Airbnb Payments will pay Transfer Amounts to Kabbage. Airbnb Payments will conduct each Transfer pursuant to instructions received from Kabbage regarding your Advance Agreement.
You explicitly authorize and direct Airbnb Payments to pay to Kabbage each applicable Transfer Amount until the balance of your Host Advance has been delivered to Kabbage. This authorization and instruction will renew each time you take a Host Advance.
You acknowledge and agree that the Automatic Deduction service is provided to you in Airbnb Payments’ sole discretion, which may be changed at any time. By agreeing to these Terms, you explicitly authorize and direct Airbnb Payments to perform the Automatic Deduction service pursuant to instructions Airbnb Payments receives from Kabbage.
You may not disable or pause Automatic Deduction while your Host Advance has an outstanding balance.
The Automatic Deduction service may delay Airbnb Payments’ initiation of a Payout to you, for example, when a Transfer Amount exceeds the amount of the Payout that is scheduled to be paid to you.
3. Eligible Payout Amount
Airbnb Payments will determine at the time a Payout is to be initiated whether Automatic Deduction will apply to any Eligible Payout Amount scheduled to be included in that Payout. The Eligible Payout Amount will exclude Service Fees and Taxes due to or remitted by Airbnb, as well as any other amounts due to Airbnb or Airbnb Payments.
If the Eligible Payout Amount is in a currency other than U.S. dollars, the Transfer Amount will be determined as follows:
- Calculating the amount of the Eligible Booking Revenue in U.S. dollars (using data from one or more third parties such as OANDA (www.oanda.com)); and
- Multiplying that U.S. Dollar amount by your holdback rate.
4. Cancellations; Booking Modifications; Manual Transfers
Cancellations will follow the cancellation policy you have set on your Listing(s). If a booking is cancelled or there is a Booking Modification that lowers the Total Fees for the booking after we have initiated a Transfer which results in overpayment to Kabbage, you agree to pay Airbnb Payments any such amount transferred to Kabbage. If there is a Booking Modification that increases the Total Fees for the booking after we have initiated a Transfer, Airbnb Payments will determine whether Automatic Deduction applies to any additional Eligible Payout Amounts.
If you owe any amount to Airbnb Payments related to the Automatic Deduction service, you authorize Airbnb Payments to collect these amounts from you by withholding the amounts from your future Payouts and/or charging any Payment Method on file in your Airbnb Account. Any funds collected by Airbnb Payments will setoff the amount owed by you to Airbnb Payments and extinguish your obligation to Airbnb Payments. In addition to the amount due, if there are delinquent amounts or chargebacks associated with your Payment Method, you may be charged fees that are incidental to our collection of these delinquent amounts and chargebacks. Such fees or charges may include collection fees, convenience fees or other third-party charges.
5. General Provisions
A. Reservation of Rights
Airbnb Payments reserves the right to any remedy, including legal action and/or suspending or disqualifying you from Automatic Deduction or limiting, suspending, deactivating, or terminating your Airbnb Account, if, in our sole discretion, we determine that you have violated these Automatic Deduction Terms, the TOS, or Payments Terms.
Airbnb Payments does not have any power or authority to control information regarding your Host Capital account or instructions communicated to us by Kabbage that may affect your Payout(s), calculation or payment of Transfers, payment of Transfers in excess of your Host Advance balance, any amounts withheld or not withheld from your Payout(s), or payment of the balance of your Host Advance, and disclaims all liability in this regard.
You expressly agree to release, defend, indemnify, and hold Airbnb 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 Automatic Deduction, including, without limitation, the calculation or payment of Transfers in any amount or at all, or Airbnb Platform’s actions or omissions resulting from all information regarding your Host Advance, Advance Agreement, or instructions communicated to us by Kabbage.
Unless specified otherwise in these Automatic Deduction Terms, Airbnb Payments will handle all payments in accordance with the Payments Terms.
If any provision in these Terms is held to be invalid, void, or unenforceable, such provision (or the part of it that is making it invalid, void or unenforceable) will be struck and not affect the validity of and enforceability of the remaining provisions.
F. Updates to these Terms
Airbnb Payments reserves the right to modify these Automatic Deduction Terms at any time without prior notice. If we make changes to these Automatic Deduction Terms, we will post the revised Automatic Deduction Terms on the Airbnb Platform and update the “Last Updated” date at the top of these Terms. The modifications to the Automatic Deduction Terms will be effective upon posting. Airbnb Payments reserves the right to change or discontinue Automatic Deduction at any time.
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