The Client will be charged by credit card for use of BillingOrchard. Payment will be charged by BillingOrchard before the service will be made available online. Payments should be made online by credit card, and are automatically billed each month, depending on the terms The Client originally signed up for. In the event of any failure by The Client to make payment or arrange a credit card with available credit, The Client's access to BillingOrchard will be removed until an appropriate payment method is available.
A level of transactions allowed per month is chosen when purchasing the Automated Recurring Billing package. If that level is exceeded in any given month, you will automatically be moved up to the next highest transaction level. This also applies to the BillingOrchard Lite service option. If the level is exceeded in any given month, you will automatically be moved up to the BillingOrchard Standard subscription.
Renewal of The Agreement and acceptance of any additional orders shall be at BillingOrchard's sole discretion. Pricing for any renewal period is subject to change by BillingOrchard from time to time. Renewal of the term will be continued automatically, unless The Client cancels service, in accordance with the Cancellation Terms.
No Assignment or Resale of Software
The Client may not resell, re-use, assign or transfer any of the images, data or programming code created for or associated with the BillingOrchard, without written consent. Any attempt to resell, assign or transfer such data shall result in immediate termination of this contract, without liability to BillingOrchard.
Limitation of Liability
In the event that BillingOrchard fails to publish a product line in accordance with the schedule agreed upon pursuant to this Agreement (or in the event of any other failure, technical or otherwise, of such product to appear as provided in this Agreement), the sole liability of BillingOrchard to The Client shall be limited to issuing an extension of time to the currently paid-for term. In no event shall BillingOrchard be responsible for any consequential, special, lost profits or other damages arising from any failure to timely publish any product in accordance with this Agreement. Without limiting the foregoing, BillingOrchard shall have no liability for any failure or delay resulting from any governmental action, fire, flood, insurrection, earthquake, power failure, riot, explosion, embargo, strikes whether legal or illegal, labor or material shortage, transportation interruption of any kind, work slowdown or any other condition beyond the control of BillingOrchard affecting production or delivery in any manner.
The Client Representations; Indemnification
Services and product lines are accepted upon the representation that The Client has the right to sell the services on the Internet, without infringement of any rights of any third party. In consideration of such publication, The Client agrees to indemnify and hold BillingOrchard harmless against any and all expenses and losses of any kind (including, without limitation, any claim of trademark or copyright infringement, libel, defamation, breach of confidentiality, false or deceptive advertising or sales practices) and /or any material of The Client to which users can access through the service.
Provision of Materials and Information. The Client will provide all necessary materials and information, in accordance with BillingOrchard's policies in effect from time to time including (without limitation) the manner of transmission to BillingOrchard and the time prior to release of the service. BillingOrchard shall not be required to publish any service that is not received in accordance with such policies.
Although BillingOrchard owns the data storage, databases and all rights to the BillingOrchard application, we will never sell or share your client data with any third-parties, or contact your clients directly. We will also not utilize your data in our databases to market to your clients, advertise to, or contact them for any other means of profit. We respect the privacy of our subscribers, and the privacy of their client data.
Right to Reject Client
All contents of the service are subject to BillingOrchard's approval. BillingOrchard reserves the right to reject or cancel any client, at any time.
The Client must contact BillingOrchard before the next billing period to cancel the service. The Client will not be billed for any cancellation, and there are no term commitments. No refunds will be made on services already paid for, and service fees will not be prorated. Additionally, any setup fees charged will not be refunded.
BillingOrchard understands the importance of support to our customers. We provide the basic support during Monday through Friday from 9am EST to 6pm EST. BillingOrchard offers advance support which includes more than 1.5 hours a month at a standard rate of $100 an hour.
No conditions other than those set forth in this Agreement shall be binding on BillingOrchard unless expressly agreed to in writing by BillingOrchard.
The Agreement, (i) shall be governed by and construed in accordance with, the laws of the State of Georgia, 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.