Last Revised: 7/16/2013
I. Introduction and Overview
Whether you are using this Site or purchase Services or simply browsing, your use of this Site and your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement, along with the following policies and agreements, which are incorporated herein by reference:
The terms “we”, “us” or “our” shall refer to Payment Week. The terms “you”, “your”, “User”, “customer” or “Subscriber” shall refer to any individual or entity who accepts this Agreement, has access to your account or uses the Services. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
Payment Week may, in its sole and absolute discretion, change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site. You acknowledge and agree that (i) Payment Week may notify you of such changes or modifications by posting them to this Site, and (ii) your use of this Site or the Services after such changes or modifications have been made (as indicated by the “Last Revised” date at the top of this page) shall constitute your acceptance of these Terms and Conditions as last revised. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT AS LAST REVISED, DO NOT USE (OR CONTINUE TO USE) THIS SITE OR THE SERVICES. If you are already a Subscriber and no longer wish to be bound by this Agreement, You shall send an email to email@example.com informing Payment Week that you wish you terminate your access to the Services.
No agency, partnership, joint venture, or employment is created as a result of this Agreement and Subscriber does not have any authority of any kind to bind Payment Week in any respect.
II. Eligibility; Authority
The Services are offered strictly to Users who can form legally binding contracts under applicable law. By using this Site or the Services, you represent and warrant that you are (i) at least eighteen (18) years of age or are otherwise recognized as being able to form legally binding contracts under applicable law, and (iii) are not a person barred from purchasing or receiving the Services under the laws of the United States or other applicable jurisdiction.
If you are entering into this Agreement on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this Agreement, in which case the terms “you”, “your”, “User”, “Subscriber” or “Customer” shall refer to such corporate entity. If, after your electronic acceptance of this Agreement, Payment Week finds that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in this Agreement, including, but not limited to, the payment obligations. Payment Week shall not be liable for any loss or damage resulting from Payment Weeks’ reliance on any instruction, notice, document or communication reasonably believed by Payment Week to be genuine and originating from an authorized representative of your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, Payment Week reserves the right (but undertakes no duty) to require additional authentication from you.
III. The Subscription Plans
Subscriber can choose between three Subscription Plans (“Plans” or “Subscriptions”) which can be found on the Site. Subscriber may choose a Three Month, Six Month, or Twelve Month Plan. Service will start when Customer registers for the Plan, and will terminate at 12:01 a.m. eastern time either three, six, or twelve months, from the start of the plan, as applicable. Only one individual may access a Service at the same time using the same username or password, unless otherwise agreed upon. The first time a customer chooses a plan, a free fourteen (14) day trial period (“Free Period”) is automatically added to the start of the Plan. During the Free Period, User will have full access to the Site, and User’s credit card will not be charged. During this period, You will have the option to cancel the Subscription agreement with no charge added to your credit card. In order to cancel Subscription, User shall email Payment Week at firstname.lastname@example.org notifying customer service that you wish to cancel your Subscription. If You do not cancel you Subscription, your credit card will automatically be charged for the full amount of the Plan. Customer acknowledges that payment for the entire Subscription is due after the Free Period for first time subscribers, and at renewal for each subsequent Subscription. If User does not pay in full by fifteen (15) days after the renewal term, the Service will be suspended until payment is received in full. After the end date of each Plan, Payment Week will automatically renew each Subscription for the same duration. Payment Week will charge Customer’s card for renewal at the current rate for the Plan. Payment Week will notify User of the pending renewal of your Subscription as least thirty (30) days prior to the date your subscription renews, except as otherwise required by law. If User does not wish to automatically renew Subscription, User shall notify Payment Week by 11:59 P.M. Eastern Standard Time three (3) days before the date of renewal by sending an email to email@example.com stating that you do not wish to renew your plan.
Payment Week provides plans for corporations or other entities that wish to have more than one person access the Site (“Corporate Plans”). Payment Week offers flexible pricing for User’s wishing to have access to the Corporate Plan. The price for such a plan will be based on the amount of people who will receive access to the Service through the Corporate Plan, and Payment Week has sole discretion to determine the price for the Corporate Plan. User’s wishing to Subscribe through the Corporate Plan should email Payment Week at firstname.lastname@example.org to receive more information about a plan that can meet User’s needs. All Corporate Plans are subject to the same terms and conditions as all other plans, unless specifically agreed to in writing.
IV. Accounts; Registration; Termination
As part of the registration process, you will be required to provide certain information, including without limitation your name, contact information, credit card information and billing information. You represent and warrant to Payment Week that all information you submit when you create your Account is accurate, current and complete, and that you will keep your Account information accurate, current and complete. If Payment Week has reason to believe that your Account information is untrue, inaccurate, out-of-date or incomplete, Payment Week reserves the right, in its sole and absolute discretion, to suspend or terminate your Account. You agree that your willful provision of inaccurate or unreliable information, willful failure promptly to update information provided to Payment Week or failure to respond for more than fifteen (15) calendar days to inquiries concerning the accuracy of contact details associated with any Services shall constitute a material breach of this agreement justifying suspension or termination of such services.
Payment Week reserves the right to reject any Subscription application for any reason, even if Customer has already purchased other Services from Payment Week. You agree that Payment Week shall not be liable for any loss or damage that may result from such rejection. Payment Week reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. Customer’s requested Services will not commence until Payment Week receives actual payment of the initial fee.
You are solely responsible for the activity that occurs on your Account, whether authorized by you or not, and you shall keep your Account information secure, including without limitation your customer number/login, password and payment method(s). You are required to keep your username, password and other sensitive information confidential. You shall notify Payment Week immediately of any breach of security or unauthorized use of your Account. Payment Week will not be liable for any loss you incur due to any unauthorized use of your Account. You, however, may be liable for any loss Payment Week or others incur caused by activities in or through your Account, whether caused by you, an authorized person, or an unauthorized person.
You may cancel your subscription to the services at any time by sending an email to Payment Week at email@example.com alerting Company you no longer wish to Subscribe to Service. Customer acknowledges that all payments are final, and that you will not receive a refund of any payment previously made to Payment Week.
V. Availability of Website/Services
Subject to the terms and conditions of this Agreement, we shall use commercially reasonable efforts to attempt to provide to User the Services on a twenty-four (24) hours a day, seven (7) days a week basis throughout the term of this Agreement. You acknowledge and agree that from time to time this Site may be inaccessible or inoperable for any reason including, but not limited to, equipment malfunctions; periodic maintenance, repairs or replacements that we undertake from time to time; or causes beyond our reasonable control or that are not reasonably foreseeable including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You acknowledge and agree that we shall not be liable to you or any other party with regard to any damages you incur as a result of the Site or Services being unavailable.
VI. Use of Payment Week’s Content
User acknowledges that the content on the Site and the Services, including without limitation the text, graphics, images, video, metadata, software, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features and the trademarks, service marks and logos contained therein (“Payment Week Content”), are owned by or licensed to Payment Week in perpetuity, and are subject to copyright, trademark, and/or patent protection in the United States and foreign countries, and other intellectual property rights under United States and foreign laws. Payment Week content is provided to you “as is”, “as available” and “with all faults” for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of Payment Week. No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by this Agreement. Payment Week reserves all rights not expressly granted in and to the Payment Week Content, this Site and the Services, and this Agreement do not transfer ownership of any of these rights.
VII. Limitations on Use
Unless you have our prior written consent, you shall not sell, publish, distribute, retransmit or otherwise provide access to the Content received through the Services to anyone, including, if applicable, your fellow students or employees, with the following exceptions:
- You may occasionally distribute a copy of an article, or a portion of an article, from a Service in non-electronic form to up to two individuals without charge, provided you include all copyright and other proprietary rights notices in the same form in which the notices appear in the Service, original source attribution, and the phrase “Used with permission from Payment Week”. Please consult Payment Week at firstname.lastname@example.org if you would like to distribute an article from a Service to a larger number of individuals, on a regular basis or in any other manner not expressly permitted by this Agreement.
- You agree not to rearrange or modify the Content. You agree not to create abstracts from, scrape or display our content for use on another web site or service (other than headlines from our RSS Feed with active links back to the full article on the Service). You agree not to post any content from the Services to weblogs, newsgroups, mail lists or electronic bulletin boards, without our written consent.
- You agree not to use the Services for any unlawful purpose. We reserve the right to terminate or restrict your access to any or all Service if, in our opinion, your use of the Service may violate any laws, regulations or rulings, infringe upon another person’s rights or violate the terms of this Agreement. Also, we may refuse to grant you a user name that impersonates someone else, is protected by trademark or other proprietary right law, or is vulgar or otherwise offensive.
VIII. Links to Third-Party Websites
This Site and the Services may contain links to third-party websites that are not owned or controlled by Payment Week. Payment Week assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. In addition, Payment Week does not censor or edit the content of any third-party websites. By using this Site or the Services, you expressly release Payment Week from any and all liability arising from your use of any third-party website.
As a condition of purchasing and using the Services, You acknowledge and agree that Payment Week may provide Your personal information to our partners including but not limited to partners providing customer service, other affiliated entities and technical and/or billing support, as required to provide the Services. Our partners shall be prohibited from using your personal data for any purpose other than providing the Services. We shall use your data only to provide the Services and/or to offer additional services to you. We will not sell or otherwise transfer your data to an un-affiliated company without your consent. Payment Week reserves the right at all times to disclose any information as Payment Week deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Payment Weeks’ sole discretion.
X. Disclaimer of Representations and Warranties
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES SHALL BE AT YOUR OWN RISK. PAYMENT WEEK, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY PAYMENT WEEK, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES) WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES.
XI. Limitation on Liability
PAYMENT WEEK, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (III) THE SERVICES OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (VI) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN, (VII) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (VIII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (IX) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS SITE OR THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT PAYMENT WEEK IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL PAYMENT WEEK’S TOTAL AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE PARTICULAR SERVICES THAT ARE THE SUBJECT OF THE CAUSE OF ACTION.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES.
You agree to indemnify, defend and hold harmless Payment Week, its affiliates and their respective directors, officers, employees and agents (collectively, the “Payment Week Group”) from any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative) and all related costs and expenses (including, without limitation, all reasonable legal fees and reasonable costs of investigation, litigation, settlement and judgment) (collectively, “Damages”) threatened, asserted, or filed by a third party against any of the Payment Week Group, or arising out of or relating to (a) the loss or damage to real or personal property, in each case, resulting from the willful misconduct or negligent acts or omissions by you, (b) the use of the Site and/or the Services by you, including, without limitation, any violation of this Agreement, (c) any third party’s rights including the intellectual property or other proprietary right of any person or entity, (d) any information or data supplied by you to Payment Week, and (e) all other acts or omissions by you. You shall have sole responsibility to defend the Payment Week Group against any claim, and you shall not enter into any related settlement without receiving our prior written consent. The indemnification obligations under this section shall survive any termination or expiration of these Terms and Conditions or your use of the Site or the Services.
XIII. Fees and Payments
You agree to pay any and all prices and fees due for Services purchased or obtained at this Site at the time you order the Services, or as otherwise required by this Agreement. Any failure to follow all required procedures shall be at Customer’s sole risk. Fees are based on Services purchased. All fees are expressed in U.S. Dollars. ALL PRICES AND FEES ARE NON-REFUNDABLE UNLESS OTHERWISE EXPRESSLY NOTED, EVEN IF YOUR SERVICES ARE SUSPENDED, TERMINATED, OR TRANSFERRED PRIOR TO THE END OF THE SERVICE PLAN. Payment Week expressly reserves the right to change or modify its prices and fees at any time, and such changes or modifications shall be posted online at this Site and effective immediately without need for further notice to you. If you have purchased or obtained Services for a period of months or years, changes or modifications in prices and fees shall be effective when the Services in question come up for renewal.
If for any reason Payment Week is unable to charge your payment method for the full amount owed for the Services provided, or if Payment Week receives notification of a chargeback, reversal, payment dispute, overdraft fee, bounced check, or is charged a penalty for any fee it previously charged to your payment method, you agree that Payment Week may pursue all available lawful remedies in order to obtain payment, including but not limited to, immediate cancellation, without notice to you, of any Services registered or renewed on your behalf. Payment Week also reserves the right to charge you reasonable “administrative fees” or “processing fees” for (i) tasks Payment Week may perform outside the normal scope of its Services, (ii) additional time and/or costs Payment Week may incur in providing its Services, and/or (iii) your noncompliance with this Agreement (as determined by Payment Week in its sole and absolute discretion). Typical administrative or processing fee scenarios include, but are not limited to (i) customer service issues that require additional personal time or attention; (ii) disputes that require accounting or legal services, whether performed by Payment Week staff or by outside firms retained by Payment Week; (iii) recouping any and all costs and fees, including the cost of Services, incurred by Payment Week as the results of chargebacks or other payment disputes brought by Your bank or payment method processor. These administrative fees or processing fees will be billed to the payment method you have on file with Payment Week.
XIV. Successors and Assigns
This Agreement shall be binding upon and inure to the benefit of Customer, Payment Week and Payment Week’s successors and assigns. Customer may not assign this Agreement without the prior written consent of Payment Week.
XV. No Third-Party Beneficiaries
Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
XVI. Compliance with Local Laws
Payment Week makes no representation or warranty that the content available on this Site or the Services are appropriate in every country or jurisdiction, and access to this Site or the Services from countries or jurisdictions where its content is illegal is prohibited. Users who choose to access this Site or the Services are responsible for compliance with all local laws, rules and regulations.
XVII. Governing Law; Jurisdiction; Venue; Waiver of Trial by Jury
This Agreement shall be governed by and construed in accordance with the federal law of the United States and the laws of the State of New York, whichever is applicable. You agree that any action relating to or arising out of this Agreement shall be brought in the state or federal courts located in New York County, New York, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, jurisdiction and venue in the state and federal courts located in New York County, New York. YOU AGREE TO WAIVE THE RIGHT TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING THAT TAKES PLACE RELATING TO OR ARISING OUT OF THIS AGREEMENT.
XVIII. Titles and Headings; Independent Covenants; Severability
The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein. Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement. If any provision of this Agreement is illegal or unenforceable, that provision is severed from this Agreement and the other provisions remain in force.
This agreement states the full agreement between the parties and supersedes all prior negotiations and agreements concerning the matters addressed herein.
XX. Contact Information
If you have any questions about this Agreement, please contact us by email at email@example.com.