“Services Fees” means the amounts that are due and payable by a Customer in exchange for that Customer’s use of the Services. The Photographer alone, and not Kandidly, determines these amounts. The Photographer may in his or her sole discretion decide to include in these amounts Taxes that the Photographer determines that he or she has to collect.
“Customer Fees” means the fee that Kandidly charges a Customer for the use of its online platform, which is calculated as a percentage of the applicable Services Fees. The Customer Fees will be displayed to the Customer when the Customer is asked whether to send a booking request to a Photographer.
“Photographer Fees” means the fee that Kandidly charges a Photographer for the use of its online platform, which is calculated as a percentage of the applicable Services Fees. The Photographer Fees will be displayed to the Photographer when the Photographer is asked whether to confirm or reject a booking request from a prospective Customer.
“Service Fees” means collectively the Customer Fees and the Photographer Fees.
“Total Fees” means collectively the Services Fees and the Customer Fees.
Bookings and Financial Terms for Photographers
If you are a Photographer and a booking is requested for your Services via the Site, Application and Services, you will be required to either confirm or reject the booking request within the Booking Request Period, otherwise the booking request will be automatically cancelled. When a booking is requested via the Site, Application and Services, we will share with you (i) the first and last name of the Customer who has requested the booking, (ii) a link to the Customer’s Kandidly Account profile page, (iii) the names of any members of an SNS with whom you are “friends” or associated on the SNS if such individuals are also “friends” or associated with the Customer on such SNS, and (iv) an indication that the name that the Customer provided to Kandidly when the Customer became a Member matches the name that the Customer provided to the SNSs to which the Customer has linked his or her Kandidly Account, so that you can view such information before confirming or rejecting the booking request. If you are unable to confirm or decide to reject a booking request within the Booking Request Period, any amounts collected by Kandidly for the requested booking will be refunded to the applicable Customer’s credit card and any pre-authorization of such credit card will be released. When you confirm a booking requested by a Customer, Kandidly will send you an email, text message or message via the Application confirming such booking, depending on the selections you make via the Site, Application and Services.
Kandidly will collect the Total Fees at the time of booking confirmation (i.e. when the Photographer confirms the booking request) and will initiate payment of the Services Fees (less Kandidly’s Photographer Fees and any Taxes in respect of the Photographer Fees) to the Photographer within 24 hours of when the Customer arrives at the applicable Services (except to the extent that a refund is due to the Customer). The time it takes for the Photographer to receive payouts may depend upon the method for receiving payouts chosen by the Photographer. Some methods involve the use of third-party payment processors, who may impose their own additional charges for the use of their services on the Photographer, including by deducting their charges from the payout amount.
If you owe or agree to pay any amount to Kandidly (whether as a result of your bookings or actions as a Customer or otherwise), then Kandidly may (but is not obliged to) withhold the amount owing to Kandidly from any payout amounts due to you as a Photographer, and use the withheld amount to setoff the amount owed by you to Kandidly. If Kandidly does so, then your obligation to pay Kandidly will be extinguished to the extent of the amount withheld by Kandidly, and Kandidly will cease to owe to you any obligations (including, but not limited to, any obligation to pay you) with respect to the amount withheld.
Kandidly uses Braintree, a division of PayPal, Inc. (Braintree) for payment processing. In order for you to use Braintree's payment processing services, you must enter into the Merchant Services Agreement (MSA) with Braintree and its sponsoring bank. The MSA is available at www.braintreepayments.com/agreements/merchant. By accepting this Agreement, you agree: (a) that you have downloaded or printed the MSA, and (b) that you have reviewed and agree to the MSA. Please note that Kandidly is not a party to the MSA and that you, Braintree and Braintree's sponsoring bank are the three parties to the MSA and that Kandidly has no obligations or liability to you under the MSA. If you have questions regarding the MSA, please contact Braintree at 877.434.2894.
Appointment of Kandidly as Limited Payment Collection Agent for Photographer
Each Photographer hereby appoints Kandidly as the Photographer’s limited payment collection agent solely for the purpose of accepting the Services Fees from Customers.
Each Photographer agrees that payment made by a Customer through Kandidly shall be considered the same as a payment made directly to the Photographer, and the Photographer will make the Services available to the Customer in the agreed-upon manner as if the Photographer has received the Services Fees. Each Photographer agrees that Kandidly may, in accordance with the cancellation policy selected by the Photographer and reflected in the relevant Listing, (i) permit the Customer to cancel the booking and (ii) refund to the Customer that portion of the Services Fees specified in the applicable cancellation policy. Each Photographer understands that as Kandidly accepts payments from Customers as the Photographer’s limited payment collection agent, Kandidly’s obligation to pay the Photographer is subject to and conditional upon Kandidly successfully receiving the payments from Customers. Kandidly does not guarantee payments to Photographers for amounts that have not been successfully received from Customers. In accepting appointment as the limited authorized agent of the Photographer, Kandidly assumes no liability for any acts or omissions of the Photographer.
Please note that Kandidly does not currently charge fees for the creation of Listings. However, you as a Photographer acknowledge and agree that Kandidly reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation of Listings. Please note that Kandidly will provide notice of any Listing fee collection via the Site, Application and Services, prior to implementing such a Listing fee feature.
Bookings and Financial Terms for Customers
The Photographers, not Kandidly, are solely responsible for honoring any confirmed bookings and making available any Services reserved through the Site, Application and Services. If you, as a Customer, choose to enter into a transaction with a Photographer for the booking of an Services, you agree and understand that you will be required to enter into an agreement with the Photographer and you agree to accept any terms, conditions, rules and restrictions associated with such Services imposed by the Photographer. You acknowledge and agree that you, and not Kandidly, will be responsible for performing the obligations of any such agreements, that Kandidly is not a party to such agreements, and that, with the exception of its payment obligations hereunder, Kandidly disclaims all liability arising from or related to any such agreements. You acknowledge and agree that, notwithstanding the fact that Kandidly is not a party to the agreement between you and the Photographer, Kandidly acts as the Photographer’s payment collection agent for the limited purpose of accepting payments from you on behalf of the Photographer. Upon your payment of the Total Fees to Kandidly, your payment obligation to the Photographer for the Services Fees is extinguished, and Kandidly is responsible for remitting the Services Fees (less Kandidly’s Photographer Fees and any Taxes in respect of the Photographer Fees), in the manner described in these Terms. In the event that Kandidly does not remit any such amounts as described in these Terms, such Photographer will have recourse only against Kandidly.
The Total Fees payable will be displayed to a Customer before the Customer sends a booking request to a Photographer. As noted above, the Photographer is required to either confirm or reject the booking request within the Booking Request Period, otherwise the requested booking will be automatically cancelled. If a requested booking is cancelled (i.e. not confirmed by the applicable Photographer), any amounts collected by Kandidly will be refunded to such Customer, depending on the selections the Customer makes via the Site and Application, and any pre-authorization of such Customer’s credit card will be released, if applicable.
You as a Customer agree to pay Kandidly for the Total Fees for any booking requested in connection with your Kandidly Account if such requested bookings are confirmed by the applicable Photographer. In order to establish a booking pending the applicable Photographer’s confirmation of your requested booking, you understand and agree that Kandidly, on behalf of the Photographer, reserves the right, in its sole discretion, to (i) obtain a pre-authorization via your credit card for the Total Fees or (ii) charge your credit card a nominal amount, not to exceed one dollar ($1), to verify your credit card. Once Kandidly receives confirmation of your booking from the applicable Photographer, Kandidly will collect the Total Fees in accordance with these Terms and the pricing terms set forth in the applicable Listing. Please note that Kandidly cannot control any fees that may be charged to a Customer by his or her bank related to Kandidly’s collection of the Total Fees, and Kandidly disclaims all liability in this regard.