Effective: October 1, 2017
IF YOU DO NOT AGREE TO THIS POLICY, YOU SHOULD NOT PURCHASE SERVICES FROM CLEARCHECKS.
Unless otherwise specified in a service order form executed or approved by you with respect to your purchase of Services ("Order Form"), all charges associated with your access to and use of a Service are due in full upon placing your order. ClearChecks fees are exclusive of any sales taxes, and any value added taxes and other similar indirect taxes ("VAT"), applicable to its Services. In the event that ClearChecks’ Services are subject to sales tax, then Customer shall be responsible for such taxes and, where applicable, it shall be Customer's responsibility to self-account for local tax via a self-charging or reverse charge mechanism. If Customer purchases additional Services that are not initially set forth in any Order Form, such added Services shall be charged at ClearChecks’ then-current rates. Failure to pay charges indicated on any Order Form within five (5) business days of our notice to you that payment is due or delinquent, or if you do not update payment information upon our request, in addition to our other remedies, we may suspend or terminate access to and use of such Service by you.
2. Payment Terms
You must pay ClearChecks according to this Payment Policy or as otherwise specified in an Order Form. Unless another payment method is specified, you must provide ClearChecks with a valid credit or debit card ("Payment Method") to be kept on file, and hereby authorize ClearChecks to bill the Payment Method for any Services used. The terms set forth in any Order Form supersede this Payment Policy in the event of any conflict.
Without limiting any of ClearChecks’ remedies for non-payment or late payment of fees due to ClearChecks, any undisputed fees which are not paid within sixty (60) days of the due date shall be subject to a late charge of one and one-half percent (1.5%) per month (18% per year) or the maximum allowed by law, whichever is less. If collection efforts are required, you must pay all costs of collection, including reasonable attorneys' fees.
ClearChecks may, in its sole discretion, choose to offer credits for the Services in various ways, including but not limited to, prepaid Services, coupons, promotional campaigns and referrals. ClearChecks reserves the right to award credits at its sole discretion. Credits have no monetary or cash value, are non-transferable, and can only be used by you to offset your subsequent payments of fees due for the applicable Service. Credits may only be applied to fees due for the Service specifically identified by ClearChecks when issuing the credit. To the extent that you has been provided credits, unless the instrument (including any coupon) states an earlier expiration date, these credits shall expire and no longer be redeemable twelve (12) months from the date the credit was issued.
4. Pricing Changes
The prices set forth in any Order Form shall be fixed for the duration of the pricing guarantee period, if any, set forth by ClearChecks. Upon the expiration of any fixed pricing term, ClearChecks may adjust the pricing of any Service from time to time and in its sole discretion, provided that ClearChecks shall provide you with at least sixty (60) days' prior written notice of any pricing change. If you have multiple Order Forms, the most recently signed Order Form shall apply in the event of a conflict.
The foregoing notwithstanding, in the event that ClearChecks’ cost of providing the Services materially increases as the result of federal, state, or local laws, ordinances, or other other regulatory, administrative, or governmental acts, then ClearChecks may implement a surcharge subject to the following: (i) any surcharge will be generally applicable to ClearChecks’ customers; (ii) ClearChecks’ will provide forty-five (45) days prior written notice to Customer prior to implementing any new surcharge; and (iii) any surcharge will be applied only to Services pertaining to consumers in the geographic area affected by the law, ordinance, or other regulatory, administrative, or governmental act.