Incorporated Terms – Merchant Unified Billing

United States, United Kingdom, and Canada Only

Date of Last Revision: January 1, 2025

By opting into unified billing with respect to your use of the Website and Services, including, without limitation, the BC Marketplace, (a) any BigCommerce partner who has opted into unified billing with respect to goods or services provided to you will be referred to as a “Unified Billing Partner”; (b) you will be referred to as a “Unified Billing Merchant”; and (c) the following terms apply and are incorporated into, and form an integral part of, the BigCommerce Master Services Agreement (the “Agreement”). Any breach of the terms below will be deemed a material breach of the Agreement. “BC Marketplace” means the BigCommerce’s application marketplace through which third-party partners offer compatible products & services for the BigCommerce SaaS-based ecommerce platform. Unless otherwise defined herein, capitalized terms shall have the meaning ascribed to them in the Agreement, and these Merchant Unified Billing terms shall take precedence over any conflicting terms in the Agreement.

  1. Opt-in and Opt-out.
    1. You opt into unified billing by purchasing, on or through the Website and/or the BC Marketplace, goods or services from a Unified Billing Partner.
    2. Effective upon opt-in, you acknowledge that the Unified Billing Partners have appointed BigCommerce as agent for the collection and disbursement of monies, in the name of the Unified Billing Partners, for your purchases from the Unified Billing Partners processed on or through the Website and/or BC Marketplace, as further described in these terms. BigCommerce is acting only for the Unified Billing Partners and does not act for you in collecting and disbursing such monies and BigCommerce will not process any payments directly, and it will rely on third-party payment processors to handle all payments made by you to Unified Billing Partners.
    3. You may opt out of unified billing only by canceling your agreement with the Unified Billing Partner for the applicable goods or services, effective at the end of the then-current subscription period.
  2. Payment Terms.
    1. Collection and Distribution. Upon collection of any amounts from you as the price for goods purchased from a Unified Billing Partner accessed on or through the Website and/or BC Marketplace, those amounts received by BigCommerce shall be treated as received by the Unified Billing Partner directly so that the Unified Billing Merchant’s obligation is extinguished and there is no risk of loss to the Unified Billing Merchant if BigCommerce fails to distribute the funds to the Unified Billing Partners. You shall provide certain required payment-related information as reasonably required by BigCommerce. All amounts deducted by BigCommerce are non-refundable.
    2. Upon Termination. Following the expiration or termination of your subscription, in accordance with arrangements described in Section 2 of these terms, BigCommerce will continue to collect and distribute amounts until all purchases made by you during your subscription have been settled.
  3. Disputes. Any disputes regarding payments must be submitted directly to Unified Billing Partners. You must submit notice of any such dispute to the relevant Unified Billing Partner in writing, within thirty (30) days of the applicable reporting date, of any distributions, fees or charges disputed in good faith, and any distributions, fees or charges not disputed within such thirty (30)-day period shall be considered valid. BigCommerce is not responsible for making any adjustments to payments in the event of a dispute.
  4. Taxes. You will be solely responsible for payment of any and all taxes assessed as a result of you opting into unified billing, regardless of which party is required to collect and remit such taxes. For the sake of clarity, BigCommerce shall not be responsible for the collection and remittance of telecommunications and similar taxes. You will indemnify and hold BigCommerce harmless against any and all claims by any tax authority for any underpayment of any sales, use, goods and services, value added or other tax or levy, and any penalties and/or interest thereon.
  5. Indemnification. You agree, at your own expense, to indemnify, defend and hold harmless BigCommerce from and against any claims, actions, liabilities, damages, cost or expenses, including reasonable attorneys’ fees and costs (collectively “Claim Costs”) incurred in defending against or settling third party claims (“Claims”) arising from or in connection with your use of unified billing.