In the event of a conflict between this article and the Universal Terms of Service, the Universal Terms of Service will control.
Billing and Payment
Customer shall pay to Company any fees for the Services in the manner set forth in the Order Form.
Any Service fees do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority with respect to the Services or any software provided hereunder (excluding any tax on Company’s net income). All such taxes will be added to Company’s invoices for the fees as separate charges to be paid by Customer. All fees are fully earned when due and non-refundable when paid to Company.
Unless otherwise specified, all fees and related charges shall be due and payable within thirty (30) days after the date of the invoice. If any invoice is not paid within seven (7) days after the date of the invoice, Company may charge Customer a late fee of $15.00 for; in addition any amounts payable to Company not paid when due will bear interest at the rate of one and one half percent (1.5%) per month or the maximum rate permitted by applicable law, whichever is less.
If Company collects any payment due at law or through an attorney at law or under advice therefrom or through a collection agency, or if Company prevails in any action to which the Customer and Company are parties, Customer will pay all costs of collection, arbitration and litigation, including, without limitation, all court costs and Company’s reasonable attorneys’ fees.
If any check is returned for insufficient funds Company may impose a minimum processing charge of $25.00.
In the event that any amount due to Company remains unpaid seven (7) days after such payment is due, Company, in its sole discretion, may immediately terminate this Agreement, and/or withhold or suspend Services.
There may be a minimum $50.00 charge to reinstate accounts that have been suspended or terminated.
There may be a minimum $35.00 charge for all credit card chargebacks.
Other than as required by applicable law, Company does not retain hard copies or electronic versions of mandate, standing order or standing instruction forms and/or any signed consents relating to Customer payment or usage of Company automatic renewal services, and Company are therefore unable to provide any such document upon request.
IN ORDER TO ENSURE THAT CUSTOMER DO NOT EXPERIENCE AN INTERRUPTION OR LOSS OF SERVICES, THE SERVICES ARE OFFERED ON AUTOMATIC RENEWAL. EXCEPT FOR REASONS DESCRIBED BELOW IN THIS SECTION, AUTOMATIC RENEWAL RENEWS THE APPLICABLE SERVICE UPON EXPIRATION OF THE THEN CURRENT TERM FOR A RENEWAL PERIOD EQUAL IN TIME TO THE MOST RECENT SERVICE PERIOD.
UNLESS CUSTOMER DISABLE THE AUTOMATIC RENEWAL OPTION, COMPANY WILL AUTOMATICALLY RENEW THE APPLICABLE SERVICE WHEN IT COMES UP FOR RENEWAL AND WILL TAKE PAYMENT FROM ANY PAYMENT METHOD CUSTOMER HAVE ON FILE WITH COMPANY AT COMPANY’S THEN CURRENT RATES, WHICH CUSTOMER ACKNOWLEDGE AND AGREE MAY BE HIGHER OR LOWER THAN THE RATES FOR THE ORIGINAL SERVICE PERIOD. IN ORDER TO SEE THE RENEWAL SETTINGS APPLICABLE TO CUSTOMER AND THE SERVICES, LOG INTO CUSTOMER ACCOUNT. IF CUSTOMER DO NOT WISH FOR ANY SERVICE TO AUTOMATICALLY RENEW, CUSTOMER MAY ELECT TO CANCEL RENEWAL, IN WHICH CASE, THE SERVICES WILL TERMINATE UPON EXPIRATION OF THE THEN CURRENT TERM, UNLESS CUSTOMER MANUALLY RENEW THE SERVICES PRIOR TO THAT DATE (IN WHICH CASE THE SERVICES WILL AGAIN BE SET TO AUTOMATIC RENEWAL). IN OTHER WORDS, SHOULD CUSTOMER ELECT TO CANCEL CUSTOMER PRODUCT AND FAIL TO MANUALLY RENEW THE SERVICES BEFORE THEY EXPIRE, CUSTOMER MAY EXPERIENCE AN INTERRUPTION OR LOSS OF SERVICES, AND COMPANY SHALL NOT BE LIABLE TO CUSTOMER OR ANY THIRD PARTY REGARDING THE SAME.
IN ADDITION, COMPANY MAY PARTICIPATE IN “RECURRING BILLING PROGRAMS” OR “ACCOUNT UPDATER SERVICES” SUPPORTED BY CUSTOMER CREDIT CARD PROVIDER (AND ULTIMATELY DEPENDENT ON CUSTOMER BANK’S PARTICIPATION). IF COMPANY ARE UNABLE TO SUCCESSFULLY CHARGE CUSTOMER EXISTING PAYMENT METHOD, CUSTOMER CREDIT CARD PROVIDER (OR CUSTOMER BANK) MAY NOTIFY COMPANY OF UPDATES TO CUSTOMER CREDIT CARD NUMBER AND/OR EXPIRATION DATE, OR THEY MAY AUTOMATICALLY CHARGE CUSTOMER NEW CREDIT CARD ON COMPANY BEHALF WITHOUT NOTIFICATION TO COMPANY. IN ACCORDANCE WITH ANY RECURRING BILLING PROGRAM REQUIREMENTS, IN THE EVENT THAT COMPANY ARE NOTIFIED OF AN UPDATE TO CUSTOMER CREDIT CARD NUMBER AND/OR EXPIRATION DATE, COMPANY WILL AUTOMATICALLY UPDATE CUSTOMER PAYMENT PROFILE ON CUSTOMER BEHALF. COMPANY MAKES NO GUARANTEES THAT COMPANY WILL REQUEST OR RECEIVE UPDATED CREDIT CARD INFORMATION. CUSTOMER ACKNOWLEDGE AND AGREE THAT IT IS CUSTOMER SOLE RESPONSIBILITY TO MODIFY AND MAINTAIN CUSTOMER ACCOUNT SETTINGS, INCLUDING BUT NOT LIMITED TO (I) CANCELLING THE SERVICES AND (II) ENSURING CUSTOMER ASSOCIATED PAYMENT METHOD(S) ARE CURRENT AND VALID. FURTHER, CUSTOMER ACKNOWLEDGE AND AGREE THAT CUSTOMER FAILURE TO DO SO, MAY RESULT IN THE INTERRUPTION OR LOSS OF THE SERVICES, AND COMPANY SHALL NOT BE LIABLE TO CUSTOMER OR ANY THIRD PARTY REGARDING THE SAME.
If for any reason Company is unable to charge Customer payment method for the full amount owed, or if Company receives notification of a chargeback, reversal, payment dispute, or is charged a penalty for any fee it previously charged to Customer payment method, Customer agree that Company may pursue all available lawful remedies in order to obtain payment, including but not limited to, immediate cancellation of the Services, without notice to Customer. Company also reserves the right to charge Customer reasonable “administrative” fees” for (i) tasks Company may perform outside the normal scope of its Services, (ii) additional time and/or costs Company may incur in providing the Services, and/or (iii) Customer noncompliance with these TOS (as determined by Company in its sole and absolute discretion), I which typical administrative or processing fee scenarios include, but are not limited to (a) customer service issues that require additional personal time or attention; (b) recouping any and all costs and fees, including the cost of the Services, incurred by Company as the results of chargebacks, reversals, payment disputes, penalties or other payment disputes brought by Customer, Customer bank or Customer payment method processor. These administrative fees or processing fees will be billed to the payment method Customer has on file with Company.
Company may offer a Service pricing in various currencies. The transaction(s) will be processed in the selected currency and the pricing displayed during the checkout process will be the actual amount submitted for payment. For certain payment methods, the issuer of Customer payment method may charge Customer a foreign transaction fee or other charge(s), which may be added to the final amount that appears on Customer bank statement or post as a separate amount. Please check with the issuer of Customer payment method for details. In addition, regardless of the selected currency, Customer acknowledge and agree that Customer may be charged Value Added Tax (“VAT”), Goods and Services Tax (“GST”), or other localized fees and/or taxes, based on Customer bank and/or the country indicated in Customer billing address section.