Customer shall pay BestChoiceDesign for all Services ordered and/or provided. Depending on the method of sale, BestChoiceDesign shall provide Customer with Services at the prices designated in the Order Process, subject to change in accordance with this Agreement. If Customer exceeds stated limits for any part of the Services or if Customer requires additional Services, additional fees will apply based on BestChoicedesign’s posted rates, also subject to change in accordance with this Agreement. Unless otherwise stated, all fees are quoted in U.S. Dollars and exclude all applicable sales, use, and other taxes and government charges, whether federal, state or foreign, and you will be responsible for payment of all such taxes (other than taxes based on BestChoiceDesigns income), fees, duties, and charges, and any related penalties and interest, arising from the payment of any and all fees under this Agreement.
Unless otherwise stipulated in the Order Process, payment for Services will be made via a charge to the Customer’s credit card, charge card, PayPal or bank account (the “Account”) upon ordering of the Services. By submitting an order for processing, Customer authorizes BestChoiceDesigns to charge the order to the Account or to otherwise immediately bill Customer for the Services. Customer acknowledges and agrees that all annual, monthly or other recurring fees referenced in the Agreement or otherwise related to the Services are to be recurring transactions billed on an ongoing basis until the Services are terminated in accordance with this Agreement. If Customer has provided billing information sufficient for automatic billing, BestChoiceDesigns.com will bill customer automatically in accordance with the applicable billing frequency. Customer is obligated to pay for the full amount of the Agreement, even if such full amount is scheduled to be paid in installments. If Customer elects to pay for the Services in installments, all installments must be received on or before the applicable due date.
Without limiting any of BestChoicedesigns.com’s rights hereunder, should any fee payment become delinquent, BestChoiceDesigns.com may suspend or cancel the Services; however charges will continue to accrue in accordance with the Term of this Agreement and price of Services. BestChoiceDesigns.com may bill an additional charge to reinstate a suspended Customer account. Client acknowledges and agrees that BestChoiceDesigns.com is not responsible whatsoever for any effect the suspension of Services might have on the Services or the results or effectiveness thereof. If BestChoiceDesigns.com provides any Service discount to Customer and Customer defaults on its payments or obligations as outlined herein, BestChoiceDesigns.com may rescind all discounts and require full payment for the Services. BestChoiceDesigns.com reserves the right to refer any amounts owed hereunder to a third party for collection in the event of ongoing default.
On any amounts not paid when due, Customer agrees to pay interest at the rate of 1.5% per month (18% per year) or, if such rate is in excess of the rate allowed by law, then Customer agrees to pay the highest rate allowed by law. In addition, Customer agrees to pay all costs of collection, including costs of litigation and reasonable attorneys’ fees. Customer agrees to execute financing statements and other instruments at BestChoiceDesigns.com’s request. A $20.00 (Twenty U.S. Dollars) collection fee will be charged for all dishonored checks. A $15.00 (Fifteen U.S. Dollars) fee will be assessed for the following reasons: (i) late payment, (ii) payment with insufficient funds, (iii) denied or invalid credit card number, or (iv) the restarting of Services terminated for nonpayment.
CUSTOMER UNDERSTANDS AND AGREES THAT ALL BESTCHOICEDESIGNS.COM FEES AND CHARGES ARE NONREFUNDABLE AND THAT BESTCHOICEDESIGNS.COM MAY CHANGE ANY FEE, RATE OR PLAN AT ANY TIME UPON NOTICE TO CUSTOMER IN ACCORDANCE WITH SECTION 19 (NOTICE) OF THIS AGREEMENT.
If Client pays for the Services by credit card or charge card, Client permanently and irrevocably waives any and all right to enact a ‘chargeback’ (that is, a disputed, reversed or contested charge with the applicable bank, credit card or charge card) against these payments for any reason whatsoever against BestChoiceDesigns.com TERM AND TERMINATION
If you order the Services via purchase order or other executable document, you shall be deemed legally bound by this Agreement immediately upon your signing of that document. If you order the Services online, you shall be deemed legally bound by this Agreement immediately upon placing that order. If you order the Services by telephone and do not agree to be legally bound by these Terms and Conditions at that time, you may notify BestChoiceDesigns.com within seventy-two hours (72) from when BestChoiceDesigns.com sends you a welcome e-mail to your last known contact e-mail address that you desire to cancel the Services and the Services will be cancelled, a refund of any funds already paid to BestChoiceDesigns.com with respect to such order of Services will be issued, and there will be no further obligations by either Party. Failure to notify BestChoiceDesigns.com of this cancellation within the applicable time period shall be deemed to indicate that you have read and understood these Terms and Condition and agree to be legally bound by them. Additionally, it is your responsibility to make sure that BestChoiceDesigns.com has a current and active e-mail address.
Unless otherwise stipulated herein or in the related order process (the “Order Process”), this Agreement shall begin in accordance with the above (the “Effective Date”) and shall automatically renew for successive terms or otherwise continue until terminated in accordance with this Agreement. BestChoiceDesigns.com may terminate this Agreement immediately for any or no reason and without notice to Customer. Without limiting the foregoing, BestChoiceDesigns.com reserves the right to suspend or terminate all Services immediately with or without notice to Customer if BestChoiceDesigns.com determines, in its sole discretion, that Customer has failed to comply with its obligations as set forth in this Agreement.
Unless otherwise stipulated in the Order Process, Customer may terminate the Services by calling BestChoiceDesigns.com customer service, whereby this termination request may be recorded and the Services will terminate as of the end of the current billing period. To effect your termination request, BestChoiceDesigns.com may require you to provide Customer user name, password and a verification or authorization code. Customer will be responsible for all fees incurred up to and including the date of termination and upon termination Customer may receive a final bill reflecting the balance due for any remaining charges and agrees to pay all such fees incurred by Customer. Where applicable, certain Sections of this Agreement will survive termination. In the event of expiration or termination for any reason, the licenses granted under this Agreement shall automatically and immediately cease. Termination shall not affect the rights of BestChoiceDesigns.com to recover from you fees, losses, damages, indemnity, defense costs, expert costs, collection costs and/or attorney’s fees or expert witnesses’ cost or other costs of any kind owed under this Agreement.
Customer shall be responsible for the following (whereby failure to adhere to these responsibilities shall constitute a material breach of this Agreement):
Depending on the Services you elect to receive, you may also be responsible for establishing and maintaining a commercial relationship with a financial institution or money transmitter such as a credit card processor, bank or PayPal. The terms of any such relationship shall be between you and that entity and such terms may be more restrictive or place limits on your use of the Services and as such you should contact those entities for more information regarding such terms where applicable.
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