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If you reside in, or the organization you are acting for is established in, the Republic of Singapore, the arbitration agreement and class actions waiver in Section 15 apply to you. Please read them carefully.

Last updated: 18 April 2022, 3.00pm GMT+8.00

These Payments Terms of Service (“Payments Terms”) are a binding legal agreement between you and Filmplace Payments that govern the Payment Services (defined below) conducted through or in connection with the Filmplace Platform. When these Payments Terms mention “Filmplace Payments,” “we,” “us,” or “our,” it refers to the Filmplace Payments company you are contracting with for Payment Services.

Filmplace Payments provides payments services to Members publishing, offering and booking Locations, Services, or other Host Services, including services in connection with the Premium Plus Program and other current and future services provided via the Filmplace Platform. These payment services may include (if available) the following (collectively, “Payment Services”):

• Collecting payments from Creators (“Payin”), by charging the payment method associated with their Filmplace account, such as credit card, debit card, bank account or PayPal account (“Payment Method”);
• Effecting payments to Hosts (“Payout”) to a financial instrument associated with their Filmplace account, such as a Stripe account, bank account, a prepaid card, or a debit card (“Payout Method”);
• Effecting payments to a third-party Payout Method designated by a Host;
• Collection and payment of charitable donations;
• Payment collection services; and
• Other payment-related services in connection with Host Services.

In order to use the Payment Services, you must be at least 18 years old, must have an Filmplace account in good standing in accordance with the Filmplace Terms of Service (“Terms”), and must keep your payment and personal information accurate and complete.

Payment Services will be provided by the contracting entity based on your country of residence subject to any exceptions described below:

1. Your use of the Payment Services

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

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

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

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

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

2. Creator Terms

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

2.2 Payment Method Verification. When you add or use a new Payment Method, Filmplace Payments may verify the Payment Method by (i) authorizing your Payment Method for one or two nominal amounts via a payment service provider, and asking you to confirm those amounts, or (ii) requiring you to upload a billing statement. We may, and retain the right to, initiate refunds of these amounts from your Payment Method. When you add a Payment Method during checkout, we will automatically save and add that Payment Method to your Filmplace account so it can be used for a future transaction. You can remove the Payment Method from your Filmplace account as long as it is not associated with an active or future reservation.

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

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

2.5 Timing of Payment. Filmplace Payments generally charges the Total Price due after the Host accepts your booking request. However, if you pay with a push Payment Method (such as Sofort), Filmplace Payments will collect the Total Price due at the time of your booking request or after the Host accepts your booking request. Filmplace Payments may offer alternative options for the timing and manner of payment. Any additional fees for using those alternative payment options will be displayed via the Filmplace Platform and included in the Total Price, and you agree to pay such fees by selecting the payment option. Additional terms and conditions may apply for the use of an alternative payment option. If Filmplace Payments is unable to collect the Total Price due, as scheduled, Filmplace Payments will collect the Total Price due at a later point in accordance with Section 5.3. Once the payment for your requested booking is successfully completed, you will receive a confirmation email.

2.6 Currency. Filmplace Payments will process each transaction in the currency you select via the Filmplace Platform. The currencies available to make payments may be limited for regulatory or operational reasons based on factors such as your selected Payment Method, your country of residence, and/or your Filmplace Payments contracting entity(ies). Any such limitations will be communicated via the Filmplace Platform, and you will be prompted to select a different currency or Payment Method. Note that if your Filmplace Payments contracting entity’s location is different than the country of your Payment Method, or your selected currency is different than your Payment Method's billing currency, your payment may be processed outside of your country of residence. As a result, certain fees may apply and the amount listed on your card statement may be different from the amount shown at checkout. For example, if you make a booking using a U.S. issued card, but select Euro as your currency, your payment may be processed outside the U.S., and banks and credit card companies may impose international transaction fees and foreign exchange fees. In addition, if you select to pay with a currency that is different than your Payment Method's billing currency, your bank or credit card company may convert the payment amount to your billing currency associated with your Payment Method, based on an exchange rate and fee amount determined solely by your bank. Filmplace Payments is not responsible for any such fees and disclaims all liability in this regard. Please contact your bank or credit card company if you have any questions about these fees or the applicable exchange rate.

2.7 Booking Request Status. If a requested booking is declined because it is not accepted by the Host, you cancel the booking request before it is accepted by the Host, or Filmplace cancels the booking, any amounts collected by Filmplace Payments and due to you pursuant to the policies described in Section 5.5, will be refunded to you, and any pre-authorization of your Payment Method will be released (if applicable) in accordance with Section 5.5.2

2.8 Payment Restrictions. Filmplace Payments reserves the right to decline or limit payments that we believe (i) may violate Filmplace Payments’ risk management policies or procedures, (ii) may violate these Payments Terms or the Terms, (iii) are unauthorized, fraudulent, or illegal; or (iv) expose you, Filmplace, Filmplace Payments, or others to risks unacceptable to Filmplace Payments.

2.9 Payment Service Providers. Payment Methods may involve the use of third-party payment service providers. These payment service providers may charge you additional fees when processing payments in connection with the Payment Services, and Filmplace Payments is not responsible for any such fees and disclaims all liability in this regard. Your Payment Method may also be subject to additional terms of use. Please review them before using your Payment Method.

2.10 Your Payment Method, Your Responsibility. Filmplace Payments is not responsible for any loss suffered by you as a result of incorrect Payment Method information provided by you.

2.11 Different Ways to Pay

2.11.1 Payment Plan

2.11.1.1 Filmplace Payments may make available to Creators the option to pay a portion of the booking’s Total Price at the time of booking and pay the remainder of the Total Price at a later time prior to check-in (“Payment Plan”). Availability of this option may depend on the Listing and/or Payment Method.

2.11.1.2 If you choose a Payment Plan, the Filmplace Platform will notify you during check out of the amount, currency, and schedule of each payment due. On the following payments due date, Filmplace Payments will automatically charge the original Payment Method you used to make the booking.

2.11.1.3 If you make a modification to a booking made with a Payment Plan, Filmplace Payments will notify you of the revised payment schedule, as applicable. If the modification increases your Total Price, you may be required to make an additional partial payment of the new Total Price at the time of the modification.

2.11.1.4 You agree that by selecting a Payment Plan, you may not be able to pay for the booking with a different Payment Method or pursuant to a different payment schedule.

2.11.1.5 If Filmplace Payments is unable to collect your payment, Filmplace Payments will notify you of such declined payment and require you to complete the payment using an alternative Payment Method within 72 hours of the notice. If you fail to complete the payment, you authorize Filmplace to cancel the booking on your behalf. If the booking is canceled, you will be refunded based on the Host’s cancellation policy. You acknowledge that you may incur fees for cancellations pursuant to the Host’s cancellation policy.

2.11.2 Recurring Payments

2.11.2.1 For certain bookings (such as for Location bookings of twenty-eight (28) days or more), Filmplace Payments may require a Creator to make recurring, incremental payments toward the Total Price owed (“Recurring Payments”). More information on Recurring Payments (including the amount and the frequency of payments) will be made available via the Filmplace Platform if applicable to a booking.

2.11.2.2 If Recurring Payments apply to a confirmed booking, then the Creator authorizes Filmplace Payments to collect the Total Price due.

2.11.2.3 Creators may stop a Recurring Payment by notifying Filmplace Payments orally or in writing at least three (3) business days before the scheduled date of the payment. Filmplace Payments may require you to give written confirmation of a stop-payment order within fourteen (14) days of an oral notification. If you fail to provide written confirmation within those fourteen (14) days, Filmplace Payments is not obligated to honor your request to stop any future Recurring Payments. If you have any questions regarding your Recurring Payments, please contact Filmplace Payments.

3. Host Terms

3.1 Payment Collection. Filmplace Payments generally collects the Total Price of a booking at the time the Creator’s booking request is accepted by the Host, unless noted otherwise.

3.2 Valid Payout Method. In order to receive a Payout you must have a valid Payout Method linked to your Filmplace account. When you add a Payout Method to your Filmplace account, you will be asked to provide information such as name, government identification, tax ID, billing address, and financial instrument information either to Filmplace Payments or its third-party payment processor(s). Depending on the Payout Method selected additional information may be required, such as: residential address, name on the account, account type, routing number, account number, email address, payout currency, identification number and account information associated with a particular payment processor. Providing requested information is required for a Payout Method to be valid. The information Filmplace Payments requires for a valid Payout Method may change, and Filmplace Payments may request additional information at any time; failing to provide requested information may result in Filmplace Payments temporarily placing a hold, suspending, or canceling any Payout until the information is provided and, if necessary, validated. You authorize Filmplace Payments to collect and store your Payout Method information. Filmplace Payments may also share your information with governmental authorities as required by applicable law.

3.3 Timing of Payout

3.3.1 Subject to and conditional upon successful receipt of the payments from Creator, Filmplace Payments will generally initiate Payouts to your selected Payout Method: (i) for PRO Host, 24 hours after the Creator’s scheduled check-out time (or 24 hours after 3:00 pm local time - or 3:00 pm UTC if local time is unknown - if the check-in time is flexible or not specified); (ii) for Host, 4 days after the Creator’s scheduled check-out time; and (iii) for all other Host Services, at the time specified via the Filmplace Platform. 

3.3.2 Filmplace Payments may offer you a different Payout time or trigger for payment, which may be subject to additional terms and conditions. For example, certain Hosts in different tiers will receive Payouts earlier after the Creator’s scheduled check-out time. Such Payout timeline may be updated once the Host meets certain eligibility criteria. The time it takes to receive Payouts once released by Filmplace Payments may depend upon the Payout Method you select.

3.4 Payout. Your Payout for a booking will be the Total Price less applicable fees like Filmplace service fees and applicable taxes. In the event of cancellation of a confirmed booking, Filmplace Payments will remit the amount you are due (if any) as provided in the Terms and applicable cancellation policy.

3.5 Payout Restrictions. Filmplace Payments may temporarily place a hold, suspend, or cancel any Payout for purposes of preventing unlawful activity or fraud, risk assessment, security, or completing an investigation; or if we are unable to verify your identity, or to obtain or verify the requested information. Furthermore, Filmplace Payments may temporarily place a hold on, suspend, or delay initiating or processing any Payout due to you under the Terms as a result of high volume Booking cancellations or modifications arising from a Force Majeure Event (as defined below).

3.6 Currency Conversion. Filmplace Payments will remit your Payouts in the currency you select via the Filmplace Platform. The currencies available may be limited for regulatory or operational reasons based on factors such as your selected Payout Method, your country of residence, and/or your Filmplace contracting entity(ies). Any such limitations will be communicated via the Filmplace Platform, and you will be prompted to select a different currency or Payout Method. Note that payment service providers may impose transaction, currency conversion or other fees based on the currency or Payout Method you select, and Filmplace Payments is not responsible for any such fees and disclaims all liability in this regard.

3.7 Limits on Payouts. For compliance or operational reasons, Filmplace Payments may limit the amount of a Payout. If you are due an amount above that limit, Filmplace Payments may make a series of Payouts (potentially over multiple days) in order to provide your full Payout amount.

3.8 Payment Service Providers. Payout Methods may involve the use of third-party payment service providers. These payment service providers may charge you additional fees when processing Payouts in connection with the Payment Services (including deducting charges from the Payout amount), and Filmplace Payments is not responsible for any such fees and disclaims all liability in this regard. Your Payout Method may also be subject to additional terms of use. Please review them before using your Payout Method.

3.9 Handling of Funds. Filmplace Payments may combine amounts that it collects from Creators and invest them as permitted under applicable laws. Filmplace Payments will retain any interest it earns on those investments.

3.10 Your Payout Method, Your Responsibility. Filmplace Payments is not responsible for any loss suffered by you as a result of incorrect Payout Method information provided by you.

3.11 Different ways to get paid

3.11.1 Split Payouts

If you provide Host Services jointly with one or more other Hosts as part of a team, business, or other organization (“Host Team”), Filmplace may make available to such Hosts the option to allocate between the members of the Host Team the total Host Payout for a booking. Filmplace Payments will execute such payments at the instruction of one or more members of the Host Team and is not responsible for any losses related to errors or omissions made by the Hosts in providing such payment instructions.

4. Appointment of Filmplace Payments as Limited Payment Collection Agent

4.1 Each Host, including each Host Team member, hereby appoints Filmplace Payments as the Host’s payment collection agent solely for the limited purpose of accepting and processing funds from Creators purchasing Host Services on the Host’s behalf.

4.2 Each Host, including each Host Team member, agrees that payment made by a Creator through Filmplace Payments, shall be considered the same as a payment made directly to the Host, and the Host will provide the Host Service booked by the Creator in the agreed-upon manner as if the Host has received the payment directly from the Creator. Each Host agrees that Filmplace Payments may refund the Creator in accordance with the Terms. Each Host understands that Filmplace Payments’ obligation to pay the Host is subject to and conditional upon successful receipt of the associated payments from Creator. Filmplace Payments guarantees payments to Host(s) only for such amounts that have been successfully received by Filmplace Payments from Creators in accordance with these Payments Terms. In accepting appointment as the limited payment collection agent of the Host, Filmplace Payments assumes no liability for any acts or omissions of the Host.

4.3 Each Creator acknowledges and agrees that, notwithstanding the fact that Filmplace Payments is not a party to the agreement between you and the Host(s), including each Host Team member, Filmplace Payments acts as each Host’s payment collection agent for the limited purpose of accepting payments from you on behalf of the Host(s). Upon a Creator’s payment of the funds to Filmplace Payments, the Creator’s payment obligation to the Host(s) for the agreed-upon amount is extinguished, and Filmplace Payments is responsible for remitting the funds successfully received by Filmplace Payments to the Host(s) in the manner described in these Payments Terms. In the event that Filmplace Payments does not remit any such amounts, the Host(s) will have recourse only against Filmplace Payments and not the Creator directly.

This Section 4 is subject to exceptions provided in Section 19.2 for Hosts, including each Host Team member, contracting with Filmplace US.

5. General Terms

5.1 Fees. Filmplace Payments may charge fees for use of certain Payment Services and any applicable fees will be disclosed to you in the Terms or via the Filmplace Platform.

5.2 Payment Authorizations. You authorize Filmplace Payments to collect from you amounts due pursuant to these Payment Terms and/or the Terms by either (i) charging the Payment Method associated with the relevant booking, or any other Payment Method on file that you authorize in your Filmplace account (unless you have previously removed the authorization to charge such Payment Method(s)), or (ii) by withholding the amount from your future Payout. Specifically, you authorize Filmplace Payments to collect from you:

• Any amount due to Filmplace or Filmplace Payments (e.g., as a result of your bookings, Booking Modifications, cancellations, or other actions as a Creator, Host or user of the Filmplace Platform), including reimbursement for costs prepaid by Filmplace or Filmplace Payments on your behalf. Any funds collected by Filmplace Payments will set off the amount owed by you to Filmplace or Filmplace Payments and extinguish your obligation to Filmplace or Filmplace Payments.
• Any amount due to a Host from a Creator which Filmplace collects as the Host’s payment collection agent as further set out in Section 4 above.
• Taxes, where applicable and as set out in the Terms.
• Any amount you pay through the Resolution Center in connection with your Filmplace account.
• Any Damage Claim amounts owed to Filmplace or Filmplace Payments in accordance with the Terms and Section 6.
• Overstay penalties payable under the Terms, including any cost and expenses incurred in collecting the overstay penalty.
• Any service fees or cancellation fees imposed pursuant to the Terms (e.g., if, as a Host, you cancel a confirmed booking).
• Any amounts already paid to you as a Host despite a Creator cancelling a confirmed booking or Filmplace deciding that it is necessary to cancel a booking in accordance with the Terms, Creator Refund Policy, Services Creator Refund Policy, or other applicable cancellation policy. You agree that in the event you have already been paid, Filmplace Payments will be entitled to recover the amount of any such Creator refund from you, including by subtracting such refund amount out from any future Payouts due to you.

If you owe an amount at any time after a booking, such as with Payment Plan or Recurring Payment charges, Booking Modifications, resolution center payments, or Damage Claims (“Additional Amounts”), you authorize Filmplace Payments to collect payments for such Additional Amounts by charging your Payment Method associated with the relevant booking without any further action on your part. Filmplace Payments will notify you in writing before any Additional Amounts are charged.

If your Payment Method associated with the relevant booking is determined to be expired, invalid or otherwise not able to be charged for any reason (such as insufficient funds), you remain responsible for any uncollected amounts and Filmplace Payments may charge the Payment Method related to your booking again or use any other Payment Method on file associated with your Filmplace account, if available, to collect such Additional Amounts. Any amount not collected for any reason will be subject to any remedies that may be available, including, but not limited to, referral to a collections agency, or pursuit of available causes of action or claims against you.

If Filmplace has reason to believe that you as a Host participated in fraudulent activity, such as an overpayment scam, booking fraud or other fraud, and Filmplace Payments released the payout for such stay, Filmplace Payments may recoup from you such amount by reducing, setting off or debiting the amount from any future Payouts owed to you.

In addition to any amount due as outlined above, if there are delinquent amounts or chargebacks associated with your Payment Method, you may be charged fees that are incidental to Filmplace Payments collection of these delinquent amounts and chargebacks. Such fees or charges may include collection fees, convenience fees or other third-party charges.

5.3 Collections

5.3.1 If Filmplace Payments is unable to collect any amounts you owe under the Terms and these Payments Terms, Filmplace Payments may engage in collection efforts to recover such amounts from you.

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

5.3.3 Filmplace Payments will deem any overdue amounts not collected to be in default when three hundred and sixty five (365) days have elapsed: (a) for authorized charges, after Filmplace Payments first attempts to charge your Payment Method or the associated services have been provided, whichever is later; and (b) for withholdings from a Host’s future Payouts, after the adjustment is made to the Host’s Filmplace account or the associated services have been provided, whichever is later.

5.3.4 You hereby explicitly agree that all communications in relation to amounts owed will be made by electronic mail or by phone, as provided to Filmplace and/or Filmplace Payments by you. Such communications may be made by Filmplace, Filmplace Payments, or by anyone on their behalf, including but not limited to a third-party collection agent.

5.4 Payment Processing Errors

5.4.1 Filmplace Payments will take the necessary steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the original Payout Method or Payment Method used or selected by you, so that you end up receiving or paying the correct amount. This may be performed by Filmplace Payments or a third party such as your financial institution. We may also take steps to recover funds sent to you in error (including but not limited to an event of duplicate payments made to you due to a processing error), by reducing, setting off and/or debiting the amount of such funds from any future Payouts owed to you.

5.4.2 To the extent you receive any funds in error, you agree to immediately return such funds to Filmplace Payments.

5.5 Refunds

5.5.1 Any refunds or credits due to a Member pursuant to the Terms, Creator Refund Policy, and Services Creator Refund Policy will be initiated and remitted by Filmplace Payments in accordance with these Payments Terms.

5.5.2 Subject to this Section 5.5.2, Filmplace Payments will initiate the refund process immediately. In certain instances, the refund process may include the option to receive credit in lieu of a cash refund; if this option is made available to you, the timing of your refund will be communicated via the Filmplace Platform. The time it takes to receive any cash refund or for any pre-authorization of your Payment Method to be released will vary based on the Payment Method and any applicable payment system (e.g., Visa, Mastercard, etc.) rules. In the event of a Force Majeure Event that may affect the processing and settlement of refunds, Filmplace Payments will initiate and process the refund as soon as is practicable.

6. Damage Claims and Damage Amounts

6.1 If Filmplace determines that you are responsible for Damage Claim amounts, pursuant to the Terms, you authorize Filmplace via Filmplace Payments to charge the Payment Method used to make the booking in order to collect Damage Claim amounts, up to a maximum amount as set by Filmplace that may vary by country/region. If Filmplace via Filmplace Payments is unable to collect from the Payment Method used to make the booking, you agree that Filmplace via Filmplace Payments may charge any other Payment Method on file in your Filmplace account at the time of the Damage Claim (unless you have previously removed the authorization to charge such Payment Method(s)).

6.2 You agree that Filmplace Payments may seek to recover from you under any insurance policies you maintain and that Filmplace Payments may also pursue against you any remedies it may have available, including, but not limited to, referral to a collections agency, or pursuit of causes of action or claims against you, including in relation to a Damage Claim, or payment requests made by Hosts.

7. Abandoned Property

If Filmplace Payments holds funds due to you (e.g., because we are unable to issue you a Payout or refund) or you do not use a gift card or gift credit for the relevant period of time set forth by your state, country, or other governing body in its unclaimed property laws, we may process the funds due to you in accordance with our legal obligations, including by reporting and escheating (sending) such funds to the appropriate governing body as required by applicable unclaimed property laws.

8. Prohibited Activities

8.1 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;
• breach or circumvent any agreements with third parties, third-party rights, or the Terms;
• 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 Filmplace account that is not yours or you do not have the authorization to use;
• avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Filmplace Payments or any of Filmplace Payments’ providers or any other third party to protect the Payment Services;
• take any action that damages or adversely affects, or could damage or adversely affect, the performance or proper functioning of the Payment Services;
• attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Payment Services; or
• violate or infringe anyone else’s rights or otherwise cause harm to anyone.

8.2 You may not use or assist others to use the Payment Services to send or receive funds: (i) into any Singapore or United States embargoed countries; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals, the U.S. Department of Commerce’s Denied Persons List or Entity List, UK Sanctions List and HM Treasury Department Consolidated List, United Nations Consolidated List or European Union Consolidated List. You represent and warrant that: (i) neither you nor your Host Services are located or take place in a country that is subject to a Singapore or U.S. Government embargo, or that has been designated by the Singapore or U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any Singapore or U.S. Government, UK or European Union list of prohibited or restricted parties. In addition to complying with the above, you must also comply with any relevant export control laws in your local jurisdiction.

9. Force Majeure

Filmplace Payments shall not be liable for any delay or failure to fulfill any obligation under these Payments Terms resulting from causes outside the reasonable control of Filmplace or Filmplace Payments, including, but not limited to, acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labor or materials (“Force Majeure Event”).

15. Singapore Arbitration Agreement

15.1 Application. This Arbitration Agreement only applies to you if you are contracting with Filmplace SG. If you are not contracting with Filmplace SG, and you nevertheless attempt to bring any legal claim against Filmplace Payments in the Republic of Singapore, this Arbitration Agreement will apply for determination of the threshold issue of whether this Section 15 applies to you, and all other threshold determinations, including residency, arbitrability, venue, and applicable law.

15.2 Overview of Dispute Resolution Process. Filmplace Payments is committed to participating in a consumer-friendly dispute resolution process. To that end, these Payment Terms provide for a two-part process for individuals to whom this Section 15 applies: (1) an informal negotiation directly with Filmplace’s customer service team (described in Section 15.3), and if necessary (2) a binding arbitration administered by the Singapore International Arbitration Centre (“SIAC”). You and Filmplace Payments each retain the right to seek relief in small claims court as an alternative to arbitration.

15.3 Mandatory Pre-Arbitration Dispute Resolution and Notification. At least 30 days prior to initiating an arbitration, you and Filmplace Payments each agree to notify the other party of the dispute in writing and attempt in good faith to negotiate an informal resolution. You must send your notice of dispute to Filmplace Payments by mailing it to Filmplace Payments’ agent for service: Filmplace Legal, 7500A Beach Road #04-332, Singapore 199591. Filmplace Payments will send its notice of dispute to the email address associated with your Filmplace account. A notice of dispute must include: the party’s name and preferred contact information, a brief description of the dispute, and the relief sought. If the parties are unable to resolve the dispute within the 30-day period, only then may either party commence arbitration by filing a written Demand for Arbitration (available at www.siac.org.sg) with the SIAC and providing a copy to the other party as specified in the SIAC Rules (available at www.siac.org.sg).

15.4 Agreement to Arbitrate. You and Filmplace Payments mutually agree that any dispute, claim or controversy arising out of or relating to these Payments Terms or the applicability, breach, termination, validity, enforcement or interpretation thereof, or any use of the Payment Services (collectively, “Disputes”) will be settled by binding individual arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and Filmplace Payments agree that the arbitrator will decide that issue.

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

15.6 Arbitration Rules and Governing Law. This Arbitration Agreement evidences a transaction in interstate commerce and the International Arbitration Act governs all substantive and procedural interpretation and enforcement of this provision. The arbitration will be administered by SIAC in accordance with the Consumer Arbitration Rules and/or other SIAC arbitration rules determined to be applicable by the SIAC (the “SIAC Rules”) then in effect, except as modified here. The SIAC Rules are available at www.siac.org.sg. In order to initiate arbitration, a completed written demand (available at www.siac.org.sg) must be filed with the SIAC and provided to the other party, as specified in the SIAC rules.

15.7 Modification to SIAC Rules - Arbitration Hearing/Location. In order to make the arbitration most convenient to you, Filmplace Payments agrees that any required arbitration hearing may be conducted, at your option: (a) in Singapore; (b) via phone or video conference; or (c) if all parties agree, by solely the submission of documents to the arbitrator.

15.8 Modification of SIAC Rules - Attorney’s Fees and Costs. Your arbitration fees and your share of arbitrator compensation shall be governed by the SIAC Rules and, where appropriate, limited by the SIAC Consumer Rules. If such costs are determined by the arbitrator to be excessive, Filmplace Payments will pay all arbitration fees and expenses. Either party may make a request that the arbitrator award attorneys’ fees and costs upon proving that the other party has asserted a claim, cross-claim or defense that is groundless in fact or law, brought in bad faith or for the purpose of harassment, or is otherwise frivolous, as allowed by applicable law and the SIAC Rules.

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

15.10 Jury Trial Waiver. You and Filmplace Payments acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.

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

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

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

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

16. Miscellaneous

16.1 Interpreting these Payments Terms. Except as they may be supplemented by additional terms and conditions, policies, guidelines, or standards, these Payments Terms constitute the entire agreement between Filmplace Payments and you regarding the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Filmplace Payments and you regarding the Payment Services. 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.

16.2 No Waiver. Filmplace 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.

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

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

17. Additional Clauses for Users Contracting with Filmplace UK

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

17.1 Payment Service User

17.1.1 The Payment Services include the payment collection service provided to Hosts contracting with Filmplace UK. The payment collection service constitutes a “payment service” regulated under the Payment Services Regulations and for these purposes Filmplace UK treats Hosts as the “payment service user.”

17.1.2 By agreeing to these Payments Terms you as a Host have consented to Filmplace UK’s payment of each Payout to your chosen Payout Method. Hosts may change a Payout Method up to one (1) business day before the time agreed for the Payout as set out in Section 3.3. Filmplace UK will be deemed to have received the Host's payment order to the Host on the same date Filmplace UK agrees to initiate the Payout in accordance with Section 3.3

17.1.3 Filmplace UK will endeavor to ensure that Hosts based in the UK will receive each Payout by the end of 3 business days following Filmplace UK’s initiation of the Payout.

17.1.4 Communication. Filmplace Payments will provide the Host notice via email when we initiate each Payout. We will also provide notice to a Host’s registered email address if the Payout is returned to us because of an error. It is your responsibility as a Host to ensure that you provide us with a current, accurate, and valid email address.

17.2 Resolution Procedures for Diverted Payouts

17.2.1 If you as a Host believe that a Payout properly due to you has been or may be diverted without your permission (“Diverted Payout”) because your password or other credentials to log into your Filmplace account (“Credentials”) are lost or stolen, you should notify Filmplace Payments UK pursuant to Section 21 immediately. As a Host you may be liable for losses relating to any Diverted Payout arising from the use of lost, stolen, or misappropriated Credentials (including the loss of a mobile phone on which you have installed the Application) or where you have failed to keep your Credentials safe, up to a maximum of £35. Provided that you notify us of any Diverted Payout without delay and at the very latest within 13 months of the date of the payment, you may be entitled to a refund of that payment.

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

17.2.3 If you as Host claim not to have received a Payout properly due to you via your chosen Payout Method, Filmplace UK will (if requested) make immediate efforts to trace the payment and will notify you of the outcome. Unless we can prove that the payment was received by you via your chosen Payout Method, we will refund the amount.

17.2.4 Any complaints about the Payment Services should be made to Filmplace UK pursuant to Section 21. Complaints that are made in accordance with this section that relate to the provision of Payment Services by Filmplace UK will be eligible for referral to the Financial Ombudsman and will be subject to the Rules of the Financial Ombudsman Service. The UK Financial Ombudsman Service offers a free complaints resolution service to individuals, micro-enterprises, small charities, and trustees of small trusts. You can contact the UK Financial Ombudsman by (i) telephone from inside the UK: 0300 123 9123 or 0800 023 4567; from other countries: +44 20 7964 0500, on Monday to Friday, 8am to 8pm and on Saturday 9am to 1pm; (ii) post: Financial Ombudsman Service, Exchange Tower, London, E14 9SR; or (iii) email: [email protected]. The UK Financial Ombudsman Service is also available in a number of different languages and if you need it you will be put in touch with a translator when you contact the UK Financial Ombudsman Service.

17.3 For Hosts and Creators with Mexico As Country of Residence

If Mexico is your country of residence, (i) upon successful receipt of payment from the Creator following a Host's acceptance of the Creator’s booking request, Filmplace Payments generally holds such funds due to the Host in temporary custody until it is released to the Host in accordance with Section 3.3.1, and (ii) the payment to the Host will be effective only upon the start of the Host's Services and in accordance with Section 3.3.1. Filmplace may be required to withhold taxes per applicable local laws, and such taxes will be due upon Filmplace Payment’s release of the Host Payout.

18. Additional Clauses for Users Contracting with Filmplace China

The following paragraphs will apply if you are a Host, including each Host Team member, contracting with Filmplace China:

18.1 Certain Payment Services applicable to Hosts may be provided by local third-party payment service providers which, under applicable laws and regulations, hold certain permits or licenses in China and which are engaged by Filmplace China to provide the relevant Payment Services.

18.2 In such situations where the relevant Payment Services are provided by a third-party payment service provider, each Host, including each Host Team member, hereby appoints any local third-party payment service providers engaged by Filmplace China (rather than Filmplace China itself) to serve as the Host’s payment collection agent, solely for the limited purpose of accepting and processing funds from Creators purchasing Host Services on the behalf of Hosts. In such instances, the rights and obligations provided to Filmplace Payments under Section 4 of these Payment Terms will instead be provided to the third-party payment service providers engaged by Filmplace China to act as limited payment collection agents.

18.3 In addition, Hosts may be required to enter into a separate service agreement with such third-party payment service providers regarding the provision of the relevant Payment Services. In the case of any conflict between these Payment Terms and the terms set forth in such agreements, the terms of such agreements will prevail to the extent of the inconsistency. For the avoidance of doubt, and notwithstanding any provisions under Section 14.2 of these Payment Terms, any separate agreements entered into between you and such third-party payment service providers may potentially provide for a different governing law and/or different dispute resolution procedures than those provided under these Payment Terms.

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

19. Additional Clauses for Users that are Businesses

The following paragraphs also apply if you are using the Payment Services as a representative (“Representative”) acting on behalf of a business, company, or other legal entity (in such event, for purposes of the Payments Terms, “you” and “your” will refer and apply to that business, company or other legal entity).

19.1 You accept the Payment Terms and you will be responsible for any act or omission of employees or third-party agents using the Payment Service on your behalf.

19.2 You and your Representative individually affirm that you are authorized to provide the information described in Section 2.1 and Section 3.2 and your Representative has the authority to bind you to these Payments Terms. We may require you to provide additional information or documentation demonstrating your Representative’s authority.

19.3 You represent and warrant to us that: (i) you are duly organized, validly existing, and in good standing under the laws of the country in which your business is registered and that you are registering for receiving the Payment Services; and (ii) you have all requisite right, power, and authority to enter into this agreement, perform your obligations, and grant the rights, licenses, and authorizations in this agreement.

19.4 If you are using your Payment Method for the benefit of your employees or other authorized third-party in connection with Filmplace for Work, as permitted by your account, you authorize Filmplace Payments to charge your Payment Method for bookings requested by employees at your company or other permitted third-party.

19.5 For any Payout Method linked to your Filmplace account, you authorize Filmplace Payments to store the Payout Method, remit payments using the Payout Method for bookings associated with your Filmplace account and take any other action as permitted in the Payments Terms in respect of the Payout Method.

19.6 If you handle, store or otherwise process payment card information on behalf of anyone or any third-party, you agree to comply on an ongoing basis with applicable data privacy and security requirements under the current Payment Card Industry Data Security Standard with regards to the use, access, and storage of such credit card information. For additional information, including tools to help you assess your compliance, see https://www.visa.com/cisp and https://www.mastercard.com/sdp.

20. Contacting Filmplace Payments

You may contact Filmplace Payments regarding the Payment Services using the information below:

Filmplace Payments will provide a copy of these Payments Terms on request. If you have any questions about these Payments Terms, please email us.