For Suppliers offering their Experience on the Palisis Marketplace the following rules apply to all Agreements with Customers and services provided and facilitated by Palisis. You agree to the following amendments to the current standard Terms & Conditions and Terms of Service by Palisis and the Terms & Agreement for the Palisis Marketplace.
By using the Palisis Marketplace and acknowledging and agreeing to this Supplier Amendment to the Palisis Marketplace, Palisis only becomes a distribution agent of the Supplier and the Supplier agrees and acknowledges that Palisis only facilitates the sale of the Experience by Resellers on behalf of the Supplier. Palisis may but is not required to distribute the Experience to any Resellers and does not purchase or provide any services in any circumstances. This agreement does not create a relationship of employment, trust or partnership.
Inventory & Consent for Sale
The Supplier agrees to and must supply its Experience inventory to Palisis for distribution by Palisis to the Resellers for resale by the Resellers to their customers. The Supplier consents to the resale of the Experience by any and all resellers selected at the sole discretion of Palisis at the retail rate defined within the Marketplace.
Pricing & Rates of Experiences
The Supplier can set a specific retail price for the Experience by all Resellers in the Palisis system Marketplace Backend (TourCMS). The Supplier may in discussion with Palisis set alternate sales prices for individual Resellers by providing a Net Rate or Retail Price plus commission payable for those Resellers. All retail prices are inclusive of all taxes and duties.
Insurance
The Supplier must maintain such comprehensive insurance policies with a reputable insurer as would be maintained by a careful and prudent person that offered similar Services to the Supplier liability insurance throughout the term of this agreement.
FEES AND MERCHANT SERVICES
Merchant Services
The Suppliers authorizes Palisis to serve as the Merchant of Record for Experiences listed and sold/facilitates on the Palisis Marketplace. For this purpose the Supplier agrees to undergo an online verification process (KYC process) with Palisis partner Adyen.
As Merchant of Record, Palisis shall be responsible for
- processing credit card payments,
- settling and remitting Net Funds to Suppliers, agents and/or third parties where such settlements are required,
- collecting and remitting the fees due to Palisis (which also includes credit card processing fees),
- processing refunds, in accordance with Palisis policies and procedures or as otherwise expressly authorized by the Supplier, and
- managing all chargebacks and/or credit card disputes on behalf of Palisis and the Supplier. All payments to Suppliers (Net Funds Release) will be net of any commissions and Palisis Funds, and shall be accompanied by a settlement report. Net Fund Releases to Supplier shall occur at least once per calendar month and shall be paid no later than thirty (30) days following the date of Fulfillment of Experience (Net Funds Release Date). Suppliers shall be paid for each Experience sold, regardless of whether or not the Experience is ever used or the Customer redeems the Confirmation for a Experience. The Supplier is not required to invoice Palisis for any Experiences sold using the Palisis Marketplace. Net Fund Releases shall be made in the default currency utilized by the Supplier unless otherwise agreed to by and between the Supplier and Palisis.
The default settlement of Net Funds shall be via wire transfer, where available, at a rate of $5.00 per settlement (Payout Fee) where such Payout Fee shall be deducted from each settlement of Net Funds. In the event Supplier and Palisis mutually agree to be paid via other method, the Supplier is responsible for fees incurred in the settlement of Net Funds and as charged by Palisis in its sole discretion. To minimize any fees that may be charged, a Minimum Transfer Amount of USD $500 (or equivalent) is agreed. The Supplier authorizes Palisis to hold proceeds in trust until the Minimum Transfer Amount has been achieved. Once the accumulated proceeds have met or exceeded the Minimum Transfer Amount, Palisis will settle the Net Funds on the next Net Funds Release Date.
The Supplier shall not be responsible for fees relating to any Chargebacks or the value of the booking unless:
- Subsequent to Palisis requesting additional information and documentation from the Supplier, relative to the dispute, and such information is not provided within three (3) days of the date of the request.
- Where a Chargeback results from the failure on the part of the Supplier to fulfill the Experience.
- In the event Supplier fails to take action to refund a booking after being notified of a suspect or fraudulent transaction.
- In the event a Chargeback is issued as a result of a customer services issue that was not dealt with by Supplier in a timely and professional manner.
- Supplier acknowledges that Palisis has expressly advised the Supplier it has been advised to maintain evidence that the Experience was fulfilled and whenever possible, to document a transaction and dispute a claim made by a customer.
Funds paid by customers to Palisis for the purchase of a Experience will be held in Palisis designated Trust Account and will not form part of the general banking funds of Palisis. No interest will be payable for sum held by Palisis for Merchant Services.
Fees
The Supplier acknowledges that Palisis will charge the Supplier a fee in connection with facilitating agreements on the Palisis Marketplace of 6% of the Booking amount.
If the Supplier is required to provide a refund/cancel a Booking to a Customer, the Palisis Marketplace fee will not be refunded.
SUPPLIER WARRANTIES
The Supplier warrants that it has and will continue to:
- hold all necessary licenses, permits and authorizations required or relevant to the operation and fulfilment of the Experiences;
- be authorized to provide and sell the Experiences and to have in place operating and safety systems which enable it to provide the Experiences in a safe and appropriate manner;
- provide all information reasonably requested by Palisis, including any information required to promote the Experiences;
- place and confirm all Bookings for Experiences facilitated and sold by a Reseller;
- provide all Experiences sold by a Reseller in a professional manner with a high degree of care and diligence as well as provide state of the art customer service to Customers.