Automatic Recurring Payment Application

Transcription

1 Automatic Recurring Payment Application Schedule your payment to be automatically charged to your credit card. Just complete and sign this form to get started! Here s How Recurring Payments Work: You authorize regularly scheduled charges to your credit card account for the services provided by MvixUSA. You will be charged the amount indicated as below. A receipt for each payment will be ed to you after the credit card has been successfully charged and and the charge will appear on your credit card statement as an MvixUSA. Please complete the information below: I, authorize MvixUSA to charge my credit card access to MvixVUE. (Full name) Charge Amount: $ USD I understand that this is a subscription charge billed on a MONTHLY ANNUAL basis will be made to my credit card without any further action on my part. Billing Address Phone# City, State, Zip Credit Card Type: Visa Mastercard Discover American Express Name on Acct Credit Card No: Expiration Date / CVV2 (3 or 4 Digit) SIGNATURE DATE I hereby authorize MvixUSA Inc. to charge the indicated credit card for services provided and applicable excess usage fees. I agree that this is a periodic subscription charge that will be made according to my billing cycle, and that to terminate the recurring billing process I must cancel my account. I understand that all account cancellations must be made in writing. I have read and understood all requirements as stated in the agreement. I will not dispute MvixUSA, Inc. s recurring billing with my credit card issuer so long as the amount in question was for service rendered prior to my canceling my account in the manner required by the Terms of Service. I agree that any credits issued by MvixUSA, Inc. under their service uptime guarantee will not be refunded to my credit card, but rather the amount of the service credit will be deducted from my next billing cycle. I agree that I will not dispute any charges from MvixUSA, Inc. unless I have already attempted to rectify the situation directly with MvixUSA, Inc. and those attempts have failed. I authorize MvixUSA, Inc. to run an address verification search. This verification process is a security measure to protect me, the client, from illegal fraud against my credit card. I guarantee and warrant that I am the legal cardholder for this credit card, and that I am legally authorized to enter into this recurring billing agreement with MvixUSA, Inc..

2 Automatic Recurring Billing Agreement Please read this Agreement carefully before setting up your automatic recurring billing with MvixUSA. Please verify that all information provided to the Mvix representative is complete and accurate before signifying your agreement. Frequency of Payments. An automatic recurring charge in the range provided to you in writing, electronically, or as described to you by the Mvix representative will be made every month ("Monthly Payment") for renewal of your subscription on a recurring basis. You will also receive a post-payment confirmation following all automatic recurring charges. Your subscription starts on the day you sign for the service, the first charge will be made on first day of service initiation. Your next automatic recurring charge will occur on the same day, next month. You will not receive any advance notice of this charge but you will receive post-payment confirmation by . Automatic Recurring Payment Failure. If your automatic recurring charge is declined, we may permanently restrict your ability to use a certain payment method if that payment method fails multiple times. REMEMBER: If your Automatic Recurring charge fails, you will need to replenish your account with another payment method. In the event any payment is not made and you do not make a payment by the end of your billing cycle, your service may be suspended or cancelled. Cancellation of Automatic Recurring Payment. You have the right to withdraw your consent to this Automatic Recurring Payment at any time. To cancel your Automatic Recurring Payment, call Customer Service at Your request to cancel your Automatic Recurring Payment may take up to 24 hours to take effect. Changing Automatic Recurring Payment. If you would like to change your Automatic Recurring Payment including, for example, making a change from one credit or debit card that was initially selected to another credit or debit card or bank account, you must authorize the recurring payment with the new credit or debit card or bank account by re-completing this form. Your previously approved Automatic Recurring Payment will be terminated within 24 hours. Electronic Authorization. This Agreement is not transferable and must be agreed to by the person authorized on the Mvix account, by calling an Mvix representative and following the telephone authorization process. AGREEING TO THESE CONDITIONS By providing my credit, or debit card or bank account information ("Payment Method"), I AGREE that I have read and understand this Automatic Recurring Payment Agreement. In addition, I authorize MvixUSA to charge the full amount required by my rate plan to the specified Payment Method; and I authorize the financial institution for the Payment Method, specified above to charge or debit my account and remit payment for my service to Mvix. This authority will remain in effect until I give notification, as required under this Agreement, to terminate this authorization.

3 MvixVUE Digital Signage Service Subscription Agreement BEFORE YOU USE THE MVIXVUE APPLICATION SUBJECT TO THIS SUBSCRIPTION AGREEMENT (THE "AGREEMENT"), PLEASE READ THIS DOCUMENT CAREFULLY. THIS IS A LEGAL AGREEMENT BETWEEN MVIXUSA, INC.("OUR", "US", "WE", MVIX OR "MVIXUSA") LOCATED AT 4229 LAFAYETTE CENTER DR. SUITE 1700, CHANTILLY VA AND YOU ("YOU", "YOUR" OR "YOURSELF") WHICH GOVERNS YOUR USE OF OUR INTERNET-BASED DIGITAL SIGNAGE APPLICATION SERVICE ( MVIXVUE ). WARNING: MVIXVUE (THE "MVIXVUE APPLICATION" OR "SERVICES") IS PROTECTED BY COPYRIGHT LAWS AND INTERNATIONAL COPYRIGHT TREATIES, AS WELL AS OTHER INTELLECTUAL PROPERTY LAWS AND TREATIES. UNAUTHORIZED REPRODUCTION OR DISTRIBUTION OF THE MVIXVUE APPLICATION, OR ANY PORTION OF IT, MAY RESULT IN SEVERE CIVIL AND CRIMINAL PENALTIES, AND WILL BE PROSECUTED TO THE MAXIMUM EXTENT POSSIBLE UNDER THE LAW. THE MVIXVUE APPLICATION IS LICENSED, NOT SOLD. 1. Purchased Services and Payment Terms. a. For so long as you are a customer of us and paying the monthly fee as required by this Agreement, MvixUSA grants to you a non-exclusive right to use the Services, subject to the restrictions set forth in this Agreement and any other restrictions communicated by us in writing. b. By signing up for the Services, you agree to pay on the fees ("Service Fee") on a monthly or annual basis designated for the Service plan selected by you. c. Subject to Section 1(f), at the end of each subscription period, your subscription will continue to automatically renew at the fee rate applicable to the Service plan which you have selected, unless terminated by us or until you notify us of your decision to cancel your subscription to the Services. d. Payments must be made by a major credit card (VISA, MasterCard, Discover or AMEX). You will be charged in advance for the Services at the end of each month ("Billing Date"). e. If we do not receive the full amount of your Service Fee within 15 days of the Billing Date, a late payment charge of 1.5% per month may be added to your bill and immediately become due and payable. f. You agree to pay us all reasonable attorney's fees and costs incurred by us to collect any past due amounts. Your account will be deactivated without further notice if payment is past due, regardless of the dollar amount. You agree to pay any outstanding balance in full within 30 days of cancellation or termination of the Services. g. We may amend the fees at any time with thirty (30) days written notice to you. 2. Service Implementation and Registration. a. You agree to use the MvixVUE Application only via our webportal (the "Site") and we reserve approval authority as to the implementation and use of the Services on the Site. We may suspend the Services in the event we find any implementation issues with the Site. Such suspension shall remain in effect until you correct any issues specified by MvixUSA and a suspension shall not relieve you of your payment obligations under the Agreement. b. You agree to provide us with current, complete and accurate registration information for the Services and to maintain and properly update such information ("Account or Registration Data"). You authorize us to confirm that the Card Account is and remains in good standing with a financial institution as long as you are using the Services.

4 c. You agree to provide true, accurate, current and complete information about yourself as prompted by the Service registration process (such information being the "Registration Data"). You further agree that, in providing such Registration Data, you will not knowingly omit or misrepresent any material facts or information and that you will promptly enter corrected or updated Registration Data via the Service, or otherwise advise us promptly in writing of any such changes or updates. You further consent and authorize us to verify your Registration Data as required for your use of and access to the Service. Once you subscribe to the Service, you shall receive a unique user ID and password in connection with your account (collectively referred to herein as "IDs"). You are solely and entirely responsible for maintaining the confidentiality of your IDs and for any charges, damages, liabilities or losses incurred or suffered as a result of you failure to do so. We are not liable for any harm caused by or related to the theft of your IDs, your disclosure of your IDs, or your authorization to allow another person to access and use the Service using your IDs. Furthermore, you are solely and entirely responsible for any and all activities that occur under your account including any charges incurred relating to the Service. You agree to immediately notify us of any unauthorized use of your account or any other breach of security known to you. You acknowledge that the complete privacy of your data and messages transmitted while using the Service cannot be guaranteed. 3. Service Use and Limitations. a. We will make reasonable efforts to keep the Services operational 24 hours a day/7 days a week, except for: (i) planned downtime (of which we will provide prior notice); or (ii) any unavailability caused by circumstances beyond our control, including but not limited to, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems or Internet service provider failures or delays. 4. Ownership. a. Subject to the limited rights expressly granted hereunder, we reserve all rights, title and interest in and to the Services, including all related intellectual property rights. No rights are granted to you hereunder other than as expressly set forth herein. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services or access to the Services without the express written consent of us. The look and feel of the Services (MvixVUE application) is copyright. You may not duplicate, copy or reuse any portion of the visual design elements without the express written consent of us. 5. Termination. a. You may terminate this Agreement at any time by ceasing all use of the Services and by notifying us. We may terminate this Agreement, at any time, without notice to you, if it believes, in its sole judgment, that you have breached or may breach any term or condition of this Agreement. You agree that termination of this Agreement will not relive you of any obligation to pay any accrued charges. You shall be charged the full amount of the fee for the month in which the Services were terminated. All sections which by their nature should survive the expiration or termination of the Agreement shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this Agreement.

5 6. Limitation of Liability. a. EXCEPT FOR THE INDEMNIFICATION OBLIGATIONS OF THE PARTIES SET OUT HEREIN, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY ON ACCOUNT OF ANY CLAIM (WHETHER BASED UPON PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, THE FAILURE OF ANY LIMITED REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE) FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR THE INDEMNIFICATION AND CONFIDENTIALITY OBLIGATIONS OF THE PARTIES SET OUT HEREIN, IN NO EVENT SHALL EITHER PARTY'S LIABILITY EXCEED AN AMOUNT EQUAL TO THE FEES PAID BY LICENSEE UNDER THIS AGREEMENT. IF YOU ARE DISSATISFIED WITH THE MVIXVUE APPLICATION YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE MVIXVUE APPLICATION. 7. Warranty. a. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SERVICES, SUPPORT SERVICES OR ACCURACY, COMPLETENESS, OR SUITABILITY OF ANY OF THE MATERIAL CONTAINED WITHIN THE SERVICES AND WE MAKE NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR COMPATIBLE WITH ANY HARDWARE OR SYSTEMS MVIXVUE APPLICATION CONFIGURATION. 8. Confidentiality. a. You acknowledges that Confidential Information (as hereinafter defined) is a valuable, special, and unique asset of MvixUSA and agree that you will not disclose, transfer, or use (or seek to induce others to disclose, transfer, or use) any Confidential Information for any purpose other than disclosure to Your authorized employees and agents who are bound to maintain the confidentiality of the Confidential Information. You shall notify MvixUSA in writing of any circumstances which may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall use best efforts to protect Confidential Information from unauthorized disclosure, transfer, or use. You shall return all originals and copies of materials containing Confidential Information upon termination of this Agreement for any reason whatsoever. The term "Confidential Information" means any and all of MvixUSA's trade secrets, confidential and proprietary information and all other information and data of MvixUSA that is not generally known to the public or other third parties who could derive economic value from its use or disclosure, including, but not limited to, the MVIXVUE APPLICATION. Confidential Information shall be deemed to include technical data, know-how, research, product plans, products, services, customers, markets, MVIXVUE APPLICATION, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances or other business information disclosed directly or indirectly in writing, orally or by drawings or observation. 9. Indemnification. a. You agree to defend, indemnify and hold us harmless from and against any and all liability, loss or damage, cost or expense, including but not limited to court costs, attorneys' fees, and any awards or damages caused by, relating to or incident to: (a) your use of the Services; (b) the Site; (c) claims by your customers or payment gateway service provider; or (d) the products and/or services offered through the Site.

6 10. Governing Law a. This Agreement will be governed and construed in accordance with the laws of the State of Virginia without regard to its rules governing conflicts of law. Exclusive jurisdiction for any dispute with MvixUSA, or in any way relating to this Agreement, resides in the courts of the State of Virginia and Licensee submits to the personal jurisdiction of, and venue in, such court(s). 11. Miscellaneous. a. This Agreement, the web site policies associated with our site through which the MVIXVUE APPLICATION is accessed and all applicable forms constitute the entire agreement between the parties relating to the MVIXVUE APPLICATION and supersede all prior or contemporaneous oral or written communications with respect to its subject matter. No modification to this Agreement will be binding, unless in writing and signed by a duly authorized representative of the parties. The parties to this Agreement are independent contractors, and no agency, partnership, joint venture or employee-employer relationship is intended or created by this Agreement. Neither party shall have the power to obligate or bind the other party. The waiver of any breach of this Agreement by either party shall not constitute a continuing waiver or a waiver of any subsequent breach of this Agreement. If any term or provision of this Agreement shall be held invalid or unenforceable, the remainder of this Agreement will not be affected and each such term or provision of this Agreement shall continue to be valid, binding and enforceable to the fullest extent permitted by law. Nothing in this Agreement shall prohibit MvixUSA from furnishing the Service to others, including competitors of you.