Invoices Made Easy - Account Terms and Conditions
Service Plans
Service Plans detail a number of invoices allowed each Service Period at
a specified rate. You may view the details of your Service Plan at any time by
logging in to your account and clicking the "Subscription Information" link.
Pricing for all Service Plans is subject to change per this agreement.
Renewal
Renewal of Service Plans is at the sole discretion of WebWorks Software,
LLC (referred to as “Provider” from this point forward). Provider reserves the right
to alter pricing of Services. Existing Merchants will be notified of Service pricing
changes at least 90 days prior to their next Service Plan renewal. Renewal of the
Service Plan will continue automatically at the end of the Service Period with the
new Service Price unless Merchants cancel Service in accordance with the Cancellation Terms.
Service Fees
Merchants using Invoices Made Easy will be charged by credit card for Services
provided by the Provider (if applicable). Services are billed one Service Period in advance.
Payments for Services are automatically billed each Service Period with account information
established by the Merchant. The amount of Service Payment is based on the Service Plan.
If Provider is unable to collect the Service Payment, Merchant account access will
not be denied, but no new invoices may be created. Full Service access will be restored
upon successful Service Payment, which will begin a new Service Period. Merchants
must have EasyMail credits available to request printing by Provider and mailing through
U.S. mail.
Merchant Activities: Indemnification
Products and Services are accepted upon the representation that the Merchant
has the right to sell the services and products on the Internet without infringement
of any rights of any third parties. In consideration of such publication, the Merchant
agrees to indemnify and hold Provider harmless against any and all expenses and
losses of any kind. Including but not limited to claims of trademark or copyright
infringement, libel, defamation, breach of contract or confidentiality, false or
deceptive advertising or sales practices. Provider reserves the right to litigation
with the Merchant should such activity cause detriment to Invoices Made Easy or Provider
itself.
Transfer or Resale of Service
Merchants may not resell, re-use, assign or transfer any data, images or
programming code associated with InvoicesMadeEasy.com without written consent from
Provider. Any attempt to do so will result in immediate termination of this Agreement
without refund and without liability to Provider.
Limitation of Liability
In the event that Provider fails to deliver a Service or product within
the schedule agreed upon pursuant to this Agreement or any other failure, technical
or otherwise, the sole responsibility of Provider to the Merchant shall be limited
to an extension of the current Service Period. In no event shall Provider be responsible
for any consequential, special, lost profits or other damages arising from any failure
to deliver Services in accordance with this Agreement. This includes, but is not
limited to governmental action, natural disasters, hardware malfunction, labor shortage,
fire, flood or any other condition beyond the control of Provider affecting production
or delivery in any manner.
Merchant Data
Although Provider stores Merchant data, the data is solely for use by the
Merchant. Provider will not restrict Merchant access to their data through Invoices Made Easy.
If a Merchant has not paid for a Service Fee in over 90 days the account will be
deemed inactive. Provider will give 30 days notice on inactive accounts via an email
transmission that Merchant data may be purged from
Provider’s database. Upon failure to renew a Service Plan or contact Provider after
notification period, Provider reserves the right to remove Merchant data from Provider
data storage. Provider will never sell or share Merchant customers’ data with any
third-party not involved in a specific transaction unless required by law. Said
transactions, including but not limited to payments, are secured using recognized
encryption technologies.
Right to Refuse Service
All Services are subject to Provider approval. Provider reserves the right
to refuse or cancel service to any Merchant at any time.
Cancellation
The Merchant must cancel service before the end of their current Service
Period in order to not be billed for the next Service Period. To cancel, the Merchant
must use the menu option: Subscription Information, available when logged in to
the Merchant site at www.InvoicesMadeEasy.com. No refunds will be made on Service
already paid for and Service Fees will not be prorated. Merchants will not be billed
for cancellation and there is no term commitment. In addition, any setup fees charged
will not be refunded.
Construction
No conditions other than those set forth in this Agreement shall be binding
on Provider unless expressly agreed to in writing by Provider.
Agreement Modification
Provider reserves the right to modify this Agreement at any time. In the event of
a modification to the Agreement, Merchants will be notified upon their next log in to
InvoicesMadeEasy.com and will be required to accept the new terms of this Agreement in order
to continue using Services from the Provider.
Miscellaneous
The Agreement, (i) shall be governed by and construed in accordance with
the laws of the State of Oklahoma, without giving effect to the principles of conflicts
of law; (ii) may be amended only by a written agreement executed by an authorized
representative of each party; and (iii) constitute the complete and entire expression
of the agreement between the two parties, and shall supersede any and all other
agreements, whether written or oral, between the parties.
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