Terms and Conditions – Instant Payouts

1. Eligibility and Approval

1.1. We make the Instant Payouts service available to select FreshBooks Payments customers at our discretion.

1.2.  Eligibility for and availability of Instant Payouts is based on various factors, including but not limited to:

• Business operation history
• Transaction patterns
• Risk assessment
• Account standing

1.3. Meeting the basic eligibility criteria does not guarantee availability of Instant Payouts at any time or for duration.

2. Service Modification and Termination

2.1. We maintain the absolute right to offer, not offer, suspend, limit, or terminate Instant Payouts at any time and for any reason, at our discretion.

2.2. Common reasons for ineligibility, limitation, termination, or suspension of Instant Payouts include, but are not limited to:

• Account history
• Payments volume
• Suspicion of fraudulent activity
• Transaction patterns
• Elevated risk indicators
• Violation of any terms of service
• Account security concerns

2.3. We are not required to provide you with advance notice of service limitation, modification, suspension, or termination.

3. Negative Balance Management

3.1. In the event your account balance becomes negative, whether due to a failed payment, refund, chargeback, or other circumstances, we may take some or all of the following actions in our discretion:

a) We may immediately suspend all payout capabilities.

b) We may send you a notice requesting balance rectification. 

c) We may initiate an automatic funds transfer from your connected bank account after two business days. 

d) We may offset the negative balance against future incoming payments.

e)   We may charge any credit card on file at FreshBooks.

3.2. In the event your account balance becomes negative, you explicitly authorize us to:

• Withhold any future payouts until the negative balance is resolved
• Initiate electronic funds transfers from your connected bank account
• Apply incoming payments to resolve the negative balance before processing regular payouts, and
• Charge the negative balance to any credit card on file at FreshBooks

4. Fee Structure and Collection

4.1. All fees associated with Instant Payouts will be deducted directly from your available balance at the time of the transaction.

4.2. You acknowledge that:

• Fees are non-refundable
• Fees are deducted automatically from your available balance
• No separate billing or charging mechanism will be used
• Insufficient balance may prevent the use of Instant Payouts

5. Limitation of Liability

5.1. We shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages resulting from:

• Ineligibility or unavailability of Instant Payouts
• Service limitation, modification, or termination
• Delayed payouts
• Account suspension
• Technical malfunctions
• Any other matter relating to the Instant Payout service

5.2. You must notify our Support team any suspected errors in the calculation of fees deducted for Instant Payouts within ninety (90) days after the processing date for any such error to be eligible for adjustment.

5.3  You agree to indemnify and hold us harmless from any claims, damages, or expenses arising from your use of the Instant Payout service.