TMS Credit Business Terms & Conditions

Build an offer, promote it to targeted consumers and drive them to your door

TMS Credits Team

Date of Last Revision: June 30, 2011

To enhance the quality, convenience, and security of the user experience on the TMS platform, these TMS Credits Terms are included in the TMS Platform Terms & Conditions and apply to businesses who want to use the TMS platform and TMS Credits.

1. Eligibility

We may approve or deny your request to use the TMS system and or TMS Credits at our sole discretion. We may also revoke your eligibility to accept TMS Credits at any time at our sole discretion.
You must be 18 years of age or older to use TMS Credits for business transactions

2. Transactions

Transaction Details

When you offer coupons, tickets, goods or services, you accept responsibility for completing that transaction pursuant to the terms you offer. Our only role in that transaction is as a service provider.
You may offer supplemental terms and conditions in conjunction with your sales that do not conflict with TMS rules or policies.
You may offer terms that do not conflict with the regulations of your state and country.
To the extent that minors enter into transactions with you, you understand that those transactions may be voidable by law and that you may be required to refund amounts paid.
You may not price items for sale in fractions of TMS Credits.
You may not conduct any transaction that the promotion or execution of which would be prohibited within the TMS terms and/or your state or country.
You may not accept TMS Credits as payment for tangible goods.
You may not accept TMS Credits as direct payment for alcohol or tobacco related products if prohibited in your state or country.
You may not charge a purchaser a higher effective price in TMS Credits for coupons, goods or services than you would for any other payment method that you accept for those coupons, goods or services.
You will follow TMS Credits brand guidelines.
Any offer you provide through TMS is considered to be posted by you to TMS. You may not provide any offer through TMS which require any consents or other rights from any third party unless you have obtained all such rights. Furthermore, you may not provide any offer which would require us to pay any fee or royalty to any third-party. You agree to indemnify and hold TMS harmless from and against any claim arising out of or related to your failure to comply with this paragraph.

3. Redemption

When you redeem TMS Credits with us we will redeem them at the rate of $0.10 per TMS Credit, less a service fee of 12% per credit redeemed. If we change the service fee or redemption rate, the redemption rate and service fee in effect at the time you accepted a Credit as consideration will apply to that Credit. We will give you 30 days notice on the TMS Factory Blog of changes to the redemption rate or service fee.
When a consumers use TMS Credits for a transaction we will transfer these credits to your TMS Credit account.
TMS Credits will be transferred to your account for payback following "TMS policy". For pre paid items, your TMS account will be credited by TMS when the consumer has redeemed the coupon / voucher. (See how merchants redeem a TMS voucher).
TMS reserve the right to amend these terms and conditions at any time at their sole discretion.
We will redeem TMS Credits only in U.S. dollars.
We will redeem TMS Credits only if we have on record your current banking (or Pay Pal) information and any other information we need to make the payment.
At the time of redemption, we will round down any fractional amounts of TMS Credits to the nearest whole number.
If a redemption payment for any given month would be less than Fifty Dollars ($50.00), we will roll payment over to the next month unless your account is being deactivated or deleted.
We will only make redemption payments to a single recipient for each account.
If we make redemption payment to you that we later determine should not have been made, you are liable to us for the full amount of the payment and you agree to reverse the payment or permit us to reverse the payment.
You won't receive interest on balances held before redemption, balances are not deposit obligations, and balances are not insured by the Federal Deposit Insurance Corporation or any other governmental agency.
If you wish to dispute a redemption payment, you must notify us in writing within 30 days of receipt of the payment, and failure to do so constitutes a waiver by you of any claim relating to the payment.
From time to time, we may issue a small amount of Special TMS Credits (named: Free Credits) at no cost to a particular consumer (e.g. someone who is new to TMS Credits or has lapsed from usage) in order to promote the use of Credits by consumers that use TMS. If you receive these Free Credits in transactions (they can represent only a maximum of 5% of the transaction), TMS will not redeem the Free Credits.

4. Actions We May Take

We may suspend, remove or disable access to any product or service you offer at any time without notice and we will have no liability for removing or disabling access to any such product or service
We may limit the number of transactions or volume of TMS Credits you are able to accept during a given period of time.
We may withhold from redemption any TMS Credits we determine were accepted due to any breach of the TMS rules or policies by you, were transferred based on fraudulent or illegal transactions, were alleged by a user to have been performed without their consent, or resulted in returned, undelivered, rejected or defective content, goods or services or transactions.
You will be liable for all Charge backs relating to transactions we learn about within 90 days of the transaction. You will not be responsible for Charge backs we learn about after the 90th day unless: (a) we determine you accepted those TMS Credits after breaching TMS rules or policies, or (b) your Charge back rate for any one of the prior three months exceeds 5% of your total transaction volume for that month. By "Charge backs" we mean any reversals of payment initiated by a third party payment provider.
We may delay redemption of any TMS Credits related to any investigation we are conducting, but in no case longer than 180 days after the transaction.
We may deduct from your redemption payment any amounts for which you are past due to us on any payment in connection with any TMS services platform.
You agree to cooperate with us to prevent fraud.

5. Transaction-Related Disputes

You are solely responsible for the resolution of disputes between you and users, including without limitation, disputes that TMS refers to you or notifies you of via tools or systems we may provide. We have the right, but not the obligation, to assist in the resolution of such disputes.
In the event of a dispute between you and a user over a transaction, you agree to provide to us any records we request that may help resolve the dispute.
You agree that we may recover from you any monetary loss to us on account of any decision by us to provide refunds or other compensation to users as a result of their purchases from you made with TMS Credits or any claims made by third parties arising from your products or services.

6. Other Terms

Your request to accept TMS Credits constitutes your "written instruction" authorizing us to obtain your credit report from a credit bureau for the purposes of processing your offer and conducting ongoing reviews of your account.
In the event of any conflict between the Statement or Payments Terms and these TMS Credits Terms, these TMS Credits Terms control.
You agree to notify TMS if you receive any inquiry from a government agency about TMS Credits.
It is your responsibility to remit all duties, taxes (including, without limitation, sales tax and VAT) and other fees that apply to your transactions, including the redemption of TMS Credits. To the extent that our issuance of a Credit is considered a taxable event and you subsequently receive that Credit as payment for a transaction, or we otherwise remit taxes related to a Credit you receive, you agree to reimburse us for any remittance we make related to that Credit. If duties, taxes or fees apply to the redemption of a Credit, the service fee may be adjusted by TMS so that the net amount received by TMS remains $0.01 per credit redeemed. You agree to indemnify and hold us harmless from and against any claim arising out of or related to your failure to comply with this paragraph.
We may revise these terms at any time.

Technical Requirements