PAYMENT SERVICE TERMS

Last Updated: September 14, 2021

IF YOU LIVE IN (OR YOUR PRINCIPAL PLACE OF BUSINESS IS IN) THE UNITED STATES, PLEASE READ THE BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER IN SECTION 15 OF THE MICROSOFT SERVICES AGREEMENT. IT AFFECTS HOW DISPUTES RELATING TO THIS AGREEMENT ARE RESOLVED.

Microsoft provides you with the ability to proceed through donation and other checkout payment transactions on certain Microsoft digital surfaces and other properties by using payment methods and information you supply to Microsoft and as we may make available to you (collectively “Microsoft Payment Services”).

    1. Eligibility. To use the Microsoft Payment Services, you must have a current Microsoft account, and you must provide us with at least one eligible payment option, either by having an eligible payment option saved to your Microsoft account or by providing us with an eligible payment option in connection with making a specific Payment (defined below). Your use of the Microsoft Payment Services is governed by these terms (this “Agreement”), as well as the Microsoft Services Agreement, which is incorporated by reference. You agree that the Microsoft Payment Services constitutes a Service, as defined in the Microsoft Services Agreement. If there is any conflict between this Agreement and the Microsoft Services Agreement, the conflicting provision in this Agreement will control. This Agreement governs your use of Microsoft Payment Services only as between you and Microsoft. Third party service providers, including but not limited to any Participating Vendor (defined below), your mobile network operator, your internet service provider, your bank, your payment card provider or third-party digital wallet or payment service providers, may have their own terms, conditions, and privacy policies, which may apply when you provide them with your information or use their services in connection with the Microsoft Payment Services.

Your use of the Microsoft Payment Services is also subject to the Microsoft Privacy Statement, which describes our collection, use and disclosure of information relating to your use of the Microsoft Payment Services.

    2. Using Microsoft Payment Services. Microsoft does not accept, transmit, or otherwise process funds related to any purchase, donation, or other payment transaction or payment arrangement you make using the Microsoft Payment Services (each, a “Payment”); however, we may use payment information contained in your Microsoft billing account (as described in the Microsoft Services Agreement) in connection with Payments you make via the Microsoft Payment Services. Microsoft Payment Services are available exclusively for Payments involving merchants, vendors, financial institutions, or other third parties (each, a “Participating Vendor”) with whom you authorize us to share certain payment information and/or with whom we choose to support in connection with certain Microsoft Payment Services. Unless you notify us otherwise, you agree that Microsoft will collect, store, use, and share information regarding you, your payment methods, and the Payments you make, to facilitate your use of the Microsoft Payment Services (including in connection with making future or recurring Payments) in accordance with this Agreement and subject to applicable law. If you elect to use Microsoft Payment Services to complete a Payment, you authorize the Participating Vendor to share with us information about you and your Payment, and for us to send information stored in your Microsoft account, including your name, address and the payment option you selected for the Payment as well as any transaction details about your Payment, to the Participating Vendor, its designated payment processor, or to any other third party designated by the Participating Vendor in connection with the Payment. You further authorize the Participating Vendor to charge your selected payment option for your Payment. You acknowledge that Microsoft does not perform payment processing services in connection with Microsoft Payment Services and is not a bank or other depository institution, a money transmitter, payment institution, or a money services business, and does not offer any banking, money transmission, or payment services. If you have any questions relating to the Microsoft account associated with your use of Microsoft Payment Services, you may contact us in accordance with the Microsoft Services Agreement. If any Payment is returned unpaid or if any credit card or similar transaction is rejected or denied, you authorize Microsoft, Participating Vendor, or their respective service providers to collect any applicable return item, rejection or insufficient funds fee and process any such Payment via any alternative payment option linked to your Microsoft account.

    3. Your Relationship with the Participating Vendor. Microsoft is not a party to the Payment between you and the Participating Vendor, and the Participating Vendor may impose additional eligibility and use requirements with respect to your ability to make Payments via the Microsoft Payment Services. Payments and other transactions with the Participating Vendor are subject to the Participating Vendor’s terms and conditions, including its pricing and fees, shipping, cancellation, return, refund, and privacy policies. Participating Vendors may impose additional terms or restrictions with respect to the Payments they will accept via the Microsoft Payment Services, such as limitations on the jurisdictions or payment methods from which they will accept Payments. You acknowledge that Microsoft is not responsible or liable for any dispute between you and a Participating Vendor regarding your Payment, including disputes concerning the delivery, quality, or accuracy of purchased goods or services. Payments will appear on the monthly statement of your selected payment option in the name of the Participating Vendor or its permissible designee, such as its payment processor. If you have any questions or disputes about Payments, including charges for the purchase of goods or services made using Microsoft Payment Services, you must contact the Participating Vendor directly or call the financial institution that issued your payment option to inquire about the charge.

    4. Additional Terms for Certain Types of Payments or Participating Vendors. Certain types of Payments, and Payments between you and certain types of Participating Vendors, are subject to the following additional terms.

a. Recurring Payments. When you make a Payment that involves the purchase of a subscription-based product or service or that otherwise involves recurring Payments – e.g., monthly, every 3 months or annually – (each, a “Recurring Payment”), you agree that you are authorizing the Recurring Payments, and Recurring Payments will be made to the Participating Vendor by the method and at the recurring intervals you have agreed to, until the relevant subscription or other Recurring Payment is terminated by you or by the Participating Vendor. You must cancel the Recurring Payment at least three business days before the next relevant Payment date, or within such other time-period as specified by the Participating Vendor, to stop being charged for a Recurring Payment. We or the Participating Vendor will provide you with instructions on how you may cancel a Recurring Payment and any associated subscription services, as applicable. By authorizing Recurring Payments, you are authorizing Microsoft to store your payment instrument and process such payments as either electronic debits or fund transfers, or as electronic drafts from your designated account (for Automated Clearing House or similar payments), or as charges to your designated account (for credit card or similar payments). Recurring Payments associated with subscriptions are generally charged in advance of the applicable subscription period, any subscription services offered by a Participating Vendor will be subject to the terms and conditions of such Participating Vendor.

b. Donor Services. In some cases, we may enable you to use the Microsoft Payment Services to make certain donations (“Donor Services”). Donor Services are supported by and provided in connection with a specific Participating Vendor – Benevity, Inc. (“Benevity”) – and as such, any Payment you make via the Donor Services will be subject to the requirements and limitations imposed by Benevity. The Donor Services may permit you to select from several charitable or nonprofit causes (each, a “Cause”); however, all Payments made via the Donor Services are made to a donor advised fund at America Online Giving Foundation or other donor advised fund (collectively, the “Foundation”) with a recommendation that the Foundation make a corresponding grant to your selected Cause. Although we may decide not to support Payments to certain Causes, Microsoft does not control the list of Causes, nor do we endorse any Cause available via the Donor Services. If you elect to use the Donor Services to make a Payment, you acknowledge and agree that both Benevity and the Foundation are to be treated as Participating Vendors under this Agreement, and you further agree to be bound by Benevity’s Terms of Use for all matters related to your donation and relationship with Benevity/AOGF. If you have any questions or disputes about Payments involving the Donor Services, including charges for Payments made using payment methods you have saved in your Microsoft account, you must contact Benevity directly at support@benevity.org or call the financial institution that issued your payment option to inquire about the charge. The foregoing Donor Services provisions do not apply to Give with Bing, which is a part of the Microsoft Rewards Program, however, you may also be required to enroll in the Microsoft Rewards Program in certain circumstances or to use certain aspects of the Donor Services.

    5. Suspension and Cancellation. We reserve the right to suspend or discontinue offering or supporting all or part of the Microsoft Payment Services at any time and for any reason. We may remove Participating Vendors from the Microsoft Payment Services at any time and for any reason. Subject to the requirements of law, we may limit, suspend, or terminate your use of Microsoft Payment Services at any time without notice and for any reason, including if you breach this Agreement, if we suspect you are engaged in fraudulent activity, or if your Microsoft account is suspended or closed by us or by you. You agree that we are not liable to you or any third party for any suspension, discontinuance, or termination of your use of Microsoft Payment Services.



—End of Agreement—