Incorporated Terms – Merchant Unified Billing

India 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 Apps provided to you will be referred to as a “Unified Billing Partner”; (b) such Apps will be referred to as “Unified Billing Apps”; (c) you will be referred to as a “Unified Billing Merchant”; and (d) 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 (“Apps”). 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, Unified Billing Apps.
    2. Effective upon opt-in, BigCommerce, through its payment processor, shall collect the funds from you for Unified Billing App purchases made by you on or through the Website and/or BC Marketplace, as further described in these terms. In connection with this, BigCommerce will not process any payments directly, and it will rely on third-party payment processors to handle all payments made by you.
    3. You may opt out of unified billing only by canceling your agreement for the applicable Unified Billing App, effective at the end of the then-current subscription period.
  2. Payment Terms.
    1. Collection and Distribution. 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. Invoicing. Unified Billing Merchants shall be invoiced by BigCommerce for Unified Billing App purchases made by you on or through the Website and/or BC Marketplace.
  4. 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.
  5. 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.
  6. 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.