Last updated: January 31, 2023
Welcome to atgPay terms and conditions for Buyers (“Payments Terms”). Proxibid allows registered users acting as Buyers and Sellers to use and accept various forms of payment in connection with events conducted through the Proxibid Platform. Buyers and Sellers on the Proxibid Platform can pay and accept payment by credit card or debit card, and some bank transfer services such as ACH payments using atgPay. These Payments Terms set out your rights and responsibilities when you use atgPay as a Buyer. These Payments Terms are also subject in all respects to the Unified User Agreement (defined below). By agreeing to the Unified User Agreement, you are agreeing to these Payments Terms.
Proxibid reserves the right to add or remove payment methods it accepts in its sole discretion, with notice where required by applicable law.
Sellers and Buyers using the Proxibid Platform may only use atgPay for the purchase and sale of goods listed by a Seller for an event in which Buyer participates through the Proxibid Platform. atgPay is only available to users who are at least 18 years old, and who register and are approved for a payment account with Proxibid. Proxibid reserves the right to terminate a user’s access to atgPay if the user uses atgPay in any other manner. atgPay may not be available in all jurisdictions.
As used in these terms:
“Seller” means the independent entity conducting or sponsoring the event, including auction houses, auctioneers, or auction companies.
“Buyer” means an individual or entity that creates a Buyer account on the Proxibid Platform (regardless of such User’s purpose for creating the Buyer account and whether such Buyer account is ever utilized to place a bid).
“You” or “Your” in these Payment Terms refer to a Buyer using the Proxibid Platform.
“Special Terms of Sale” means a Seller’s terms of Sale and any Special Terms which modify and/or supplement the Default Event Terms set forth under Section 5 of the Unified User Agreement.
“Unified User Agreement” means all the collective terms and conditions that any Seller that uses the Proxibid Platform must agree to, and abide by, including, but not limited to, those contained in the Unified User Agreement and the Privacy Policy.
Third-Party Services
Certain Sellers may allow or require Buyers to pay for items with a credit card or debit card, or ACH authorization all of which use the online payment services powered by third parties (each, a “Payment Service”). You expressly acknowledge and agree that, if you elect to use the Payment Service, neither Proxibid nor any Payment Service shall have any liability for, and is not a party to, any contract between you and any Seller. All transactions, whether or not utilizing a Payment Service, remain subject to the Default Event Terms set forth in Section 5 of the Unified User Agreement, and any Special Terms of Sale (including the refund policies posted therein). No Buyer may use the Payment Service to engage in activities prohibited by the applicable Payment Service or otherwise to violate applicable law. Either Proxibid or the applicable Payment Service may decline, in their sole and absolute discretion, to process transactions that are too large in dollar amount, too long in duration, or exceed other risk parameters. In addition, the Payment Service may decline to provide its payment services to any Buyer or Seller, or may impose a reserve requirement, or may limit transaction size, or may decline to process a transaction, based on the Payment Services’ then-current compliance and risk management programs or any other reason. You shall indemnify, hold harmless, and defend Proxibid, each Payment Service, and their respective affiliates and each of their respective directors, officers, members, managers, shareholders, employees, and agents from, and against, any claims, suits, actions, damages, demands, obligations, proceedings, investigations, liabilities, and/or other losses of any kind (including reasonable attorneys’ fees and costs) arising from a third party claim based on, arising from, or relating to, your use of the Payment Service. If Proxibid receives notice that a Buyer’s acts or omissions violate a Payment Service’s terms and conditions agreement, Proxibid may at its sole discretion take action against your account to comply with such policies. Such actions may include canceling a transaction, disabling listings from an Seller, suspending or terminating your buying privileges, or removing certain payment methods. You expressly acknowledge and agree that Proxibid may share your personal or transactional information with the providers of the Payment Services for purposes related to payments processing.
Credit Card and Debit Card Payment Processing
Overview. Sellers may elect to have Proxibid invoice and process payments that are due from Buyers by debiting credit cards or debit cards that Buyers have on file with Proxibid. In such event, you as Buyer acknowledge and agree that we may utilize automatic payment features, and you hereby expressly authorize Proxibid to, without further notice to you, charge any credit or debit card that you maintain on file with Proxibid in connection with any fees you owe. The foregoing authorization shall not affect your obligation to pay all sums owing to a Seller if Proxibid fails to, is unable to, or refrains from charging any such credit or debit card. If a charge or debit is not made by Proxibid for whatever reason, the payment to the Seller may be late or past due pursuant to the respective Seller’s terms and conditions of sale. You also acknowledge and agree that it is your sole responsibility to ensure that your credit and/or debit card information, if applicable, is current and valid. You agree that Proxibid may use the services of a third party to automatically update your credit card expiration date. Additionally, you understand that if we are unable to successfully charge your existing payment method, your credit card provider (or your bank) may notify us of updates to your credit card number and/or expiration date, or they may automatically charge your new credit card on our behalf without notification to us. If we are unable to charge your credit or debit card for the full amount due and owing, or if we incur a chargeback for any sum we previously charged to your credit or debit card, you acknowledge and agree that Proxibid may pursue all available remedies at law and in equity to obtain such payment(s).
Credit and Debit Card Payments and Pre-Authorization. If you utilize a credit or debit card to make payment for any fees you owe, Proxibid or its agent may request preauthorization for a card transaction for validation purposes and/or to ensure there are sufficient funds available in your account. The amount of any preauthorization may exceed your actual transaction amount, and your transaction may be declined if your amount of available funds is less than the preauthorization amount. Such a preauthorization request may result in a “hold” on your available funds in the amount we submit for preauthorization (“Authorization Hold”), even if the amount of your actual transaction exceeds the Authorization Hold amount. Once the final amount of the transaction is determined and has been processed and settled, your card will be debited for such amount and the Authorization Hold will be removed. However, an Authorization Hold may remain on your account for several business days after your actual transaction. During the period of the Authorization Hold, the card funds that are subject to the Authorization Hold will generally not be available for other card transactions. We will have no liability to you if we or any other third party decline any card transaction because an Authorization Hold is in place. We reserve the right to release, in our discretion, any Authorization Hold to make funds available for other card transactions, and, if we do so, we will have no liability to you if we subsequently reject the transaction corresponding to the Authorization Hold due to insufficient card funds. We will have no liability to you in the event of any delays to complete the final processing of any card transaction that corresponds to an Authorization Hold, and/or if an Authorization Hold is requested in error.
Bank Account Payments/ACH Authorization
Overview. A Buyer may elect to have Proxibid invoice and process payments that are due from Buyers through a means that does not utilize Payment Services, including ACH payments from a Buyer’s bank account. By choosing to use a bank account as the payment method, a Buyer will be able to pay the fees due in connection with its participation in any auction conducted by an Auction House on the Proxibid site by using any valid automated clearing house (“ACH”) enabled bank account at a United States-based financial institution. Whenever a Buyer chooses to pay by ACH, the Buyer is authorizing Proxibid (or its agent) to debit Buyer’s bank account for the total amount of the fees due. The transaction must be payable in U.S. dollars. Notwithstanding the foregoing, Proxibid, in its sole and absolute discretion, may refuse this payment option to any Buyer, without notice, for any reason at any time. All questions relating to any transactions made from the Buyers’ bank account by Proxibid should be initially directed to us, but may also require the involvement of your bank.
ACH Authorization. By choosing your bank account as your payment method, you agree that: (a) you have read, understand, and agree to these Payment Terms, and that these Payment Terms, together with the Proxibid’s Terms and Conditions to which you are subject, constitutes a “writing signed by you” under any applicable law or regulation, (b) you consent to the electronic delivery of the disclosures contained in these Payment Terms, (c) you authorize Proxibid (or its agent) to make any inquiries we consider necessary to validate any dispute involving your payment, which may include ordering a credit report and performing other credit checks or verifying the information you provide against third party databases, and (d) you authorize Proxibid (or its agent) to initiate one or more ACH debit entries (withdrawals), and you authorize the financial institution that holds your bank account to deduct such payments, in the amounts and frequency designated in your then-current payment plan, if any. Payments will be deducted from your bank account immediately following the end of the auction, or at a later date in our sole discretion.
Transaction Errors. If you believe that any payment transaction initiated by Proxibid (or its agent) with respect to your bank account is erroneous, or if you need more information about any such transaction, you should contact us as soon as possible at payments@proxibid.com. Notify us immediately if you believe the password associated with your account has been lost or stolen, or if someone has attempted (or may attempt) to make a transfer from your bank account without your permission. We reserve the right, in our sole and absolute discretion, to cancel the ability to pay by bank account for any reason at any time.
Your Liability for Unauthorized Transactions. Federal law limits your liability for any fraudulent, erroneous, or unauthorized transaction from your bank account based on how quickly you report it to your financial institution. As a general rule, you should report any fraudulent, erroneous, or unauthorized transactions to your bank within 60 days after the questionable transaction FIRST appeared on your bank account statement. You should contact your bank for more information about the policies and procedures that apply to your account and any unauthorized transactions, including any limits on your liability.
Payment Authorizations and Revocation. You authorize Proxibid and its designated payment processors to store your designated bank account information and other related information. You authorize Proxibid to automatically debit all applicable charges from your designated bank account via ACH debit immediately following the end of the auction, or at a later date in our sole discretion. You also authorize Proxibid to initiate credit entries or adjustments for any debit entries in error. The foregoing authorization shall not affect your obligation to pay all sums owing to an Auction House. If Proxibid fails to, is unable to, or refrains from debiting your bank account for any reason, your payment to the Auction House may be late or past due pursuant to the respective Auction House’s terms and conditions of sale. Your authorization to Proxibid to make ACH debits overrides any contrary terms you agreed to with any Auction House. You also acknowledge and agree that it is your sole responsibility to ensure that your bank account information is current and valid. You shall follow Nacha rules applicable to ACH transactions. If Proxibid is unable to debit the entire amount due, you acknowledge and agree that Proxibid may pursue all available remedies at law and in equity to obtain such payments. This authorization to initiate ACH debit transactions will remain in full force and effect until Proxibid has received written notice revoking such authorization from you by email at payments@proxibid.com, which must be, at minimum, 10 days in advance of the date that the requested revocation is to take effect. Because these are electronic transactions, these funds may be withdrawn from your designated bank account immediately. In the case of an ACH debit transaction that is rejected for insufficient funds, you understand and agree that Proxibid may, in its sole and absolute discretion, attempt again to process the debit in the amount due within 30 days of the date such transaction is rejected due to insufficient funds, as permitted by applicable law. You certify that you are an authorized user of the designated bank account and will not dispute these scheduled transactions with the bank, so long as the transactions correspond to the amount you owe. You must notify Proxibid promptly, in writing, if you dispute any portion of any fees paid or payable by you under these Payments Terms or any other agreement(s) to which we are parties. If you do not provide Proxibid with such prompt written notice of your fee dispute, you will not be entitled to dispute any fees that were paid or are payable by you. If you fail to pay any amounts then due, Proxibid may suspend your user account(s) without prior notice. Proxibid shall have no liability for any damages, liabilities, losses, costs, or expenses (including any loss of data or profits) or any other consequences that you or any user may incur in connection with the suspension of any accounts under this section.
Electronic Delivery of Future Disclosures. You agree to accept all disclosures and other communications between you and Proxibid on this website or at the primary e-mail address associated with your Proxibid account. You should print and retain a copy of all such disclosures and communications.
Taxes
Buyers and Sellers shall be solely responsible and liable for collecting and remitting any sales, use, value-added tax (VAT), ad valorem, import, excise, or other tax which may be imposed by any taxing authority in any local, state, federal, provincial, or other foreign jurisdiction, in connection with a Seller’s sale, or a Buyer’s purchase of goods through the Proxibid Platform. Because sales tax rules vary by jurisdiction, you acknowledge that you will contact your local tax authority to learn about or obtain appropriate advice regarding specific tax obligations in the jurisdictions in which you operate. You agree that Proxibid shall have no liability or obligation to Sellers, Buyers, or any taxing authority for any tax for which a Seller or a Buyer is required to collect and remit in connection with an Seller’s sale or a Buyer’s purchase. You agree to defend, indemnify, and hold harmless Proxibid, its shareholders, members, partners, officers, directors, employees, agents, parent company, subsidiaries, affiliates, joint venturers, successors and assigns, from and against any and all causes of action, suits, claims, demands, judgments, liabilities, losses, damages, awards, penalties, fines, costs and expenses (including, but not limited to, reasonable attorney’s fees), arising out of, relating to, or resulting from: (i) your failure to abide by your obligations to collect and remit any sales, use or other tax; and (ii) the accuracy, sufficiency, or completeness of the information provided by you to Proxibid for the purpose of calculating and collecting any sales or use tax that may be due. If Proxibid, but not the Seller or a Buyer, is required by applicable law to remit sales tax to the relevant taxing authorities, Proxibid will calculate, collect, and remit such sales taxes to the relevant taxing authorities.
Proxibid’s Rights and Responsibilities
The functionality of atgPay may be made available, modified, or discontinued by Proxibid at any time without notice. As a security measure, we may impose transaction limits on Buyers and Sellers. For example, we may impose limits relating to the value of any transaction, deposit, or adjustment, or limits relating to the cumulative value of all transactions, deposits, or adjustments during a period of time. We may also impose limits related to the number of transactions per day or other period of time. We will not be liable to a Buyer: (a) if we do not proceed with a transaction, deposit, or adjustment that would exceed any limit established by us, or (b) if we permit a Buyer or Seller to withdraw from a transaction. Proxibid may refuse service of atgPay to anyone, for any reason, at any time. Proxibid reserves the right to decline or refund transactions that we believe to be high risk, fraudulent, in violation of trade sanctions, or otherwise in violation of the Unified User Agreement. If a Buyer does not make payment for the purchase of property sold by a Seller in an event conducted on the Proxibid Platform sold using atgPay, Proxibid may provide limited payment protection to the Seller, in the interest of fairness, and in Proxibid’ sole discretion. Proxibid maintains records associated with transactions on atgPay and does not pass any secure data, including credit card numbers, to any Seller. Sellers will only receive shipping information and Buyer account information necessary to complete the transaction. Proxibid’ Privacy Policy further explains how Proxibid handles user information.
Buyer’s Rights and Responsibilities
Use of atgPay. If a Buyer lives in a country in which atgPay is available, you have the option to sign up for atgPay. For you to sign up for atgPay and receive or make payment for transactions made through atgPay, you must provide all required information and complete all required steps for compliance purposes. Without this information, you may not be able to pay for or receive payment for your transaction on the Proxibid Platform.
Payment Accounts. A payment account allows Buyers and Sellers to track payment amounts, refunds, and fees related to transactions conducted through the Proxibid Platform. You must provide accurate personal information as requested during registration, and you are responsible for maintaining and updating that information as necessary. You hereby authorize us, and our authorized agents, to verify information (at registration and on occasion when using the Proxibid Platform) that you provide by accessing public records and obtaining credit reports about you. Proxibid reserves the right to verify your information in order to safeguard the integrity of the Proxibid Platform and the Services and reduce the risk of fraud, money laundering, terrorist financing, and the violation of trade sanctions.
Disputes. Buyer shall resolve any disputes directly with the Seller.
International Trade Laws. You agree that your use of atgPay will not involve any countries, entities, individuals, or items prohibited by sanctions, embargoes, regulations, or orders administered by the US Department of Treasury’s Office of Foreign Assets Control (“OFAC”) or other government agencies.
Information on Cardholder Charges. Please note that your bank or card provider may charge additional fees (including cross-border fees) for transactions that you make through atgPay. These fees are not charged by Proxibid and are at the discretion of your bank. Please contact your bank for further details.
Agreement, Amendments and Future Terms
ANY ONE OF THE FOLLOWING ACTIONS CONSTITUTES YOUR ACCEPTANCE AND AGREEMENT TO BE BOUND BY THIS AGREEMENT: (1) ACCEPTING THE UNIFIED USER AGREEMENT ELECTRONICALLY DURING THE REGISTRATION OR SIGN-UP PROCESS AND/OR UPON LOGGING ON TO USE THE PROXIBID PLATFORM OR (2) USING THE SERVICES AS DESCRIBED HEREIN. THROUGH ANY OF THESE ACTIONS YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT.
Proxibid may amend, supplement, or remove any of these terms and conditions at any time, and from time to time. If we do so, we will post such changes on this page. IF ANY FUTURE CHANGES TO THIS AGREEMENT ARE UNACCEPTABLE TO YOU, YOU SHOULD DISCONTINUE USING ATGPAY. YOUR CONTINUED USE OF ATGPAY NOW, OR FOLLOWING THE POSTING OF ANY SUCH CHANGES, WILL INDICATE YOUR ACCEPTANCE OF THIS AGREEMENT, AND OF ANY SUCH CHANGES.