Nashville Arts's Community Home

Date of Last Revision: March 25, 2010

Payment Policy

This payment policy is part of the Terms of Use, and capitalized terms used but not defined herein have the meanings given to them in the Terms of Use.

1. Your Transactions with Guides

1.1 When you enter into a transaction with a Guide, you agree to be bound by and pay for that transaction. Pay attention to the details of the transaction, because your total price may include taxes, fees, and shipping costs, which you are responsible for paying. Don’t commit to a transaction unless you are ready to pay, because all sales are final.

1.2 If you order a Product that becomes unavailable before it can be provided to you, your only remedy is to receive a refund of your purchase price.

1.3 You may be presented with additional terms related to a specific purchase before you confirm the transaction (such as shipping terms for Products). Those additional terms will also govern that transaction.

1.4 TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY AND NONINFRINGEMENT WITH RESPECT TO ANY PRODUCTS OR SERVICES SOLD ON OR THROUGH THE NETWORK.

2. Disputes and Reversals

2.1 If you believe that an unauthorized or otherwise problematic transaction has taken place under your account, you agree to notify us immediately at customerservice@moontoast.com so that we may take action to prevent further financial loss.

2.2 To the fullest extent permitted by law, you waive all claims against us related to payments unless you submit the claim to us within 30 days after your account is charged. If you are a California resident, you hereby waive the application of California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

2.3 You are responsible for and agree to reimburse us for all reversals, charge-backs, claims, fees, fines, penalties and other liability incurred by us (including costs and related expenses) that are caused by or arising out of payments that you authorized or accepted.

2.4 When you purchase a Service, we will charge the entire amount to your chosen payment method and hold the money to either be released to the Guide or refunded to you as follows:

(a) After each Service is complete, the Guide will send you an email asking you to approve the completed Service.

(b) If you dispute a completed Service within 72 hours of receiving the Guide’s email, then we will refund the entire amount you paid to the payment method you used with no questions asked (but be aware that your Guide may seek to collect payment directly from you).

(c) If you approve the completed Service, or you fail to dispute the completed Service within 72 hours of receiving the Guide’s email, then: (i) you will be deemed to have accepted all applicable Service charges, (ii) we will release your payment to the Guide, (iii) you will have to deal directly with the Guide if you are dissatisfied in any way, and (iv) we will no longer refund any amounts you paid for the Service unless directed to do so by the Guide.

We ask you to please be reasonable when disputing a completed Service, and encourage you to contact the Guide directly if you are dissatisfied in any way. Please note that refunded payments may take several days to post to your account.

2.5 When you purchase a Product (a shippable item), we will charge the entire amount to your chosen payment method and immediately credit that payment to the Guide. You will have to deal directly with the Guide if you are dissatisfied in any way, and we will not refund any amounts you paid for the Product unless directed to do so by the Guide.

3. Payment Methods

3.1 We allow you to make payments using a Visa, MasterCard or Discover credit or debit card or a PayPal account.

3.2 When you provide information about a payment method to us, you confirm that you are permitted to use that credit or debit card or PayPal account and you also authorize us to collect and store it, along with other related transaction information.

3.3 When you make a payment, you authorize us (and our designated payment processor) to: (a) charge the full amount to the payment method you provided for the transaction; and (b) obtain a pre-approval from the issuer of the credit or debit card or PayPal for an amount up to the amount of the purchase. We will bill your payment method at the time of purchase or shortly thereafter. If you cancel a transaction before completion, that pre-approval may result in your funds not otherwise being immediately available.

3.4 If you pay by debit card and your payment results in an overdraft or other fee from your bank, you alone are responsible for that fee.

4. Actions We May Take

4.1 We may make any inquiries that we consider necessary, either directly or through third parties, concerning your identity and creditworthiness.

4.2 We may cancel any transaction if we believe the transaction violates this payment policy or the Terms of Use, or if we believe doing so may prevent financial loss.

4.3 We may place a delay on a payment for a period of time, limit payment methods for a transaction, limit your ability to make a payment or deactivate your account if we believe doing so may prevent financial loss.

4.4 We may contact your credit or debit card issuer, PayPal, law enforcement, or impacted third parties (including other users) and share details of any payments you are associated with if we believe doing so may prevent financial loss or a violation of law.

5. Other

5.1 The payment policy in place at the time you confirm a transaction will govern that transaction.

5.2 In the event of any conflict between this payment policy and the Terms of Use, this payment policy will prevail.