Proposed effective date: Upon formal adoption following review.
This Seller Service Agreement (“Agreement”) is between Sell With Billy, LLC (“SellWithBilly,” “Company,” “we,” or “us”) and the person or business purchasing listing services (“Seller”). By electronically accepting this Agreement and completing checkout, Seller agrees to the terms below. The selected package, pricing, and item information form part of the transaction record.
1. Services Provided
SellWithBilly provides advertising, listing preparation, buyer inquiry management, and seller-support services intended to connect sellers with prospective buyers. Depending on the package, services may include preparing and placing advertisements on eligible marketplaces, featuring items on SellWithBilly.com, responding to inquiries, communicating offers, and coordinating appointments. SellWithBilly does not take possession, custody, or ownership of Seller's property. Seller retains final authority over offers. SellWithBilly does not act as an escrow service, collect the buyer's purchase price, or complete ownership transfers. Regulated property: Services involving motor vehicles, trailers, off-highway vehicles, real estate, or other regulated property are offered only where legally permitted and any required licenses or authorizations are in place. This Agreement does not authorize otherwise prohibited activities.
2. Seller Ownership and Responsibilities
Seller represents that Seller legally owns the item or has lawful authority to offer it for sale; that it is not stolen, counterfeit, unlawfully recalled, or otherwise prohibited from sale; and that submitted information is accurate and complete to the best of Seller's knowledge. Seller will disclose known material defects, damage, liens, title or registration issues, and other relevant conditions; safeguard the item and maintain appropriate insurance where necessary; and promptly notify SellWithBilly of changes in condition, price, availability, or ownership. Seller is responsible for collecting buyer payment, delivery, ownership transfer, applicable documentation, and any taxes or fees arising from the sale. Seller grants SellWithBilly a nonexclusive, royalty-free license to use submitted photographs, descriptions, and item information for the agreed marketing services. Permission ends when marketing concludes, except for reasonable archival, recordkeeping, or legal purposes.
3. Service Packages and Initial Fees
Seller may select an initial 30-calendar-day package: Starter — $39 (Facebook Marketplace and OfferUp, subject to eligibility); Boost — $89 (the five marketplaces identified in the advertised package plus Billy's Sweet Deals); or Max — $169 (Boost exposure, premium Sweet Deals placement, and priority service). Each package also carries the Success Fee in Section 6. Marketplace placement depends on item eligibility, platform availability, and platform policies. SellWithBilly will not knowingly promise a placement that violates marketplace rules. If a material promised placement cannot be provided, SellWithBilly will notify Seller and offer a reasonable substitute or appropriate fee adjustment. Third-party posting charges are excluded unless expressly stated at checkout.
4. Service Period and Renewals
The initial 30-day service period begins when SellWithBilly commences paid listing services. If the item remains unsold, Seller may purchase an additional 30-day period: Starter $25, Boost $49, or Max $89. Renewals are optional and require Seller's affirmative authorization. There are no automatic renewals.
5. Cancellation and Refunds
Seller may request cancellation by emailing SELLWITHBILLY@YAHOO.COM. If Seller cancels before paid listing services begin, the initial Service Fee will be refunded. Once paid services begin, the Service Fee is generally nonrefundable because it compensates SellWithBilly for work initiated or performed, subject to applicable law. If SellWithBilly declines an item before beginning paid services, any collected Service Fee will be refunded. If SellWithBilly cannot provide material promised services for reasons not caused by Seller, an appropriate refund or adjustment will be offered as required by law. Cancellation ends future marketing but does not eliminate an otherwise valid Success Fee obligation for a covered transaction.
6. Success Fee
If Seller completes a sale to a SellWithBilly-generated buyer during the applicable protection period, Seller agrees to pay a Success Fee of eight percent (8%) of the actual final sale price, with a $75 minimum. The calculation includes the agreed monetary value of noncash consideration, but excludes separately stated government taxes and bona fide third-party shipping charges. The Success Fee is earned when the covered sale is completed. Seller is not required to accept any offer; no Success Fee is owed merely because an offer is received or an appointment scheduled.
7. Ninety-Day Buyer Lead Protection
A “SellWithBilly-generated buyer” is a prospective buyer whose interest in the listed item originated through SellWithBilly's website, advertising, referrals, communications, or other marketing during the active service period. SellWithBilly will maintain reasonable records of identifiable inquiries, introductions, or communications. If such a buyer purchases the item during the active period or within 90 calendar days after the applicable service period ends, the Success Fee remains payable. This includes a purchase through someone acting on that buyer's behalf. An independently obtained buyer unconnected to SellWithBilly's marketing is not covered merely because a sale occurs within 90 days. SellWithBilly must reasonably substantiate a disputed buyer-attribution claim.
8. Sale Reporting and Verification
Seller will notify SellWithBilly within three (3) business days after completing a sale of a listed item during the active service period or applicable 90-day protection period. Notice should include the listing reference or item description, completion date, actual final price, and sufficient buyer information to determine coverage. Seller agrees to cooperate in reasonable verification of a disputed transaction using appropriate records, with unnecessary sensitive financial information redacted. SellWithBilly may request voluntary confirmation from the buyer.
9. Payment Authorization and Success Fee Collection
Seller pays the initial Service Fee through the payment method selected at checkout. Seller separately authorizes SellWithBilly, through its payment processor, to securely store a payment method for future Success Fee collection, subject to the authorization accepted during checkout. Before charging a stored payment method, SellWithBilly will send an itemized notice identifying the item and covered transaction, verified final sale price, the 8% calculation and $75 minimum, the proposed amount, and how to report an error or dispute coverage. SellWithBilly will ordinarily provide at least five business days' advance notice. A timely good-faith dispute will be reviewed before charging the contested amount. If resolved in SellWithBilly's favor, SellWithBilly may charge the authorized method after notice of its determination, subject to law and payment-network requirements. Seller remains responsible for a valid Success Fee if the payment method is declined or unavailable. Questions and disputes: SELLWITHBILLY@YAHOO.COM.
10. Advertising, Item Information, and Listing Removal
SellWithBilly may edit descriptions and photographs for clarity, formatting, and presentation but will not knowingly misrepresent material facts. Seller remains responsible for information Seller provides. SellWithBilly may refuse, suspend, or remove listings where reasonable concerns exist about ownership, legality, safety, accuracy, licensing, or platform eligibility. Where appropriate, SellWithBilly will notify Seller and address any applicable refund or adjustment under Section 5.
11. Buyer and Seller Transactions
Seller and buyer are responsible for inspection, negotiation, payment, delivery, and required ownership-transfer documentation. SellWithBilly does not guarantee the condition, suitability, merchantability, title, legality, or performance of independently owned items. Nothing excludes liability or consumer rights that cannot lawfully be waived.
12. No Guarantee of Results
SellWithBilly does not guarantee a sale, specific sale price, minimum views or inquiries, buyer attendance, or completion within a particular timeframe.
13. Responsibility and Liability
Each party is responsible for its own acts, omissions, and contractual obligations. To the extent permitted by law, Seller is responsible for losses or claims arising from materially false ownership information, unauthorized sales, or material misrepresentations Seller supplied. Nothing limits liability for fraud, willful misconduct, or liability that cannot lawfully be limited.
14. Dispute Resolution and Voluntary Mediation
Either party may notify the other in writing of a dispute about services, fees, buyer attribution, or this Agreement. The parties will make a good-faith effort to resolve it informally. If discussions fail, the parties will consider voluntary mediation with a mutually acceptable mediator before litigation. Mediation is not mandatory unless both parties separately agree. Neither party waives applicable rights, statutory remedies, or access to small claims court. Unless otherwise required by law, California law governs.
15. Electronic Acceptance and Recordkeeping
Seller may accept electronically. SellWithBilly may retain the Agreement version, acceptance date and time, selected package, listing reference, and related transaction information consistent with its Privacy Policy and law. Seller will have access to the applicable Agreement at acceptance.
16. Contact Information
Sell With Billy, LLC
Website: SellWithBilly.com
Email: SELLWITHBILLY@YAHOO.COM. Seller may use this email for cancellations, sale reporting, Success Fee disputes, and service questions.