1. In consideration of the Services provided by us, subscriber shall be charged, and hereby agree to pay us any and all fees set forth in this Agreement. All of which shall be calculated and payable pursuant to the terms of this Agreement and any additional pricing supplements or subsequent communications.
2. The fees for Services set forth in this Agreement may be adjusted to reflect increases, or new fees imposed by Sensible Software Inc.. All such adjustments shall be subscribers responsibility to pay and shall become effective upon the date any such change or addition is implemented by Sensible Software Inc.
3. Subscriber hereby authorize us to initiate debit entries and adjustments to subscribers account through the ACH network and/or through direct instructions to the financial institution where subscribers Settlement Account is maintained for amounts due under this Agreement. Subscriber hereby authorize the financial institution where subscribers Settlement Account is maintained to effect all such debits to subscribers account. This authority will remain in full force and effect until we have given written notice to the financial institution where subscribers Settlement Account is maintained that all monies due under this Agreement and under any other agreements with us have been paid in full.
4. Subscriber must promptly and carefully review statements or reports provided or made available to subscriber (physically, electronically or otherwise) reflecting Card transaction activity. If subscriber believe any adjustments should be made with respect to subscribers Settlement Account, subscriber must notify us in writing within sixty (60) days after any debit is or should have been effected. If subscriber notify us after such time period, we may, in our discretion, assist subscriber in investigating whether any adjustments are appropriate and whether any amounts are due to or from other parties, but we shall not have any obligation to investigate or effect any such adjustments.
5. If subscriber do not pay us all fees and any other amounts due under this Agreement within thirty (30) days of the date of our merchant statement or other statement setting forth the amount due, then we may, at our sole discretion, charge subscriber interest, for such time that the amount and all accrued interest remain outstanding the maximum rate permitted by applicable law from the days of the date of the statement where the charge or funding appears or should have appeared.
6. In the case of non-payment, permission to use this software and services is revoked. There is also no pro-ration of monthly fees if subscriber cancel the service. In the event any third parties are employed to collect any outstanding monies owed by said business the undersigned agrees to pay reasonable collection costs, including attorney fees, whether or not litigation has commenced, and all costs of litigation incurred.Client certifies that all information set forth in this completed Merchant Processing Application is true and correct Client authorizes Sensible Software Inc. and their affiliates to debit Client’s designated bank account via Automated Clearing House (ACH) for costs as outlined in the Service Fee Schedule. Client agrees to all the terms of this qCharge Software Application and Agreement. This qCharge Software Application and Agreement shall not take effect until Client has been approved and this Agreement has been accepted by Sensible Software Inc.