Common use of Billing Provisions Clause in Contracts

Billing Provisions. Your use of the Service is contingent on your paying for such use (whether paid in advance or through the purchase of Credits (as defined below) through the MOBIT Products and Services), in the amounts and using the methods indicated on the Site and/or other area of the MOBIT Products and Services. Your payment for access to the MOBIT Products and Services, including access to the Service, Credits, keywords, MOBIT mobile landing page templates, usage-sensitive fees and/or plans (a portion of which also includes software maintenance and upgrades, as well as customer support) shall be deemed completed when MOBIT receives the full amount of payment owed for such portion of the MOBIT Products and Services. You are responsible to pay for any Client Message you attempt to send to any Consumer Contacts, regardless of whether the message is actually received by the intended Consumer Contact recipient. MOBIT will charge your indicated method of payment (“Payment Method”) for the applicable portion of the MOBIT Products and Services immediately upon your confirming the Payment Method and amount to be charged. The charges will appear on your Payment Method statement, as applicable, through the identifier "DPS". All charges are payable in United States currency. Subject to the conditions set forth herein, you agree to be bound by the Billing Provisions of MOBIT in effect at any given time. Upon reasonable prior written notice to you (with e-mail sufficing), MOBIT reserves the right to change its Billing Provisions whenever necessary, at its sole discretion. Continued use of the MOBIT Products and Services after receipt of such notice shall constitute consent to any and all such changes; provided, however, that any amendment or modification to the Billing Provisions shall not apply to any charges incurred prior to the applicable amendment or modification. Amounts to be charged may include sales and other taxes where applicable and any other amounts indicated on the Site. Your account will be credited within twenty-four

Appears in 1 contract

Samples: Users Software Agreement

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Billing Provisions. Your use of the Service The Application is contingent on your paying for such use (whether paid in advance or through the purchase of Credits (as defined below) through the MOBIT Products and ServicesThe Application or provided to a member of The Company), in the amounts and using the methods indicated on the Site The Company website and/or other area of the MOBIT Products and ServicesThe Application. Your payment for access to the MOBIT Products and ServicesThe Application, including access to the Serviceaccess, Creditscredits, keywords, MOBIT mobile landing page templates, usage-usage- sensitive fees and/or plans (a portion of which also includes software maintenance and upgrades, as well as customer support) shall be deemed completed when MOBIT The Company receives the full amount of payment owed for such portion of the MOBIT Products The Application and Servicesservice. You are responsible to pay for any Client Message you attempt to send to any Consumer Contacts, regardless of whether the message is actually received by the intended Consumer Contact recipient. MOBIT The Company will charge your indicated method of payment (“Payment Method”) for the applicable portion of the MOBIT Products The Application and Services service immediately upon your confirming the Payment Method and amount to be charged. The charges will appear on your Payment Method statement, as applicable, through the identifier "DPS". All charges are payable in United States currency. Subject to the conditions set forth herein, you agree to be bound by the Billing Provisions of MOBIT The Company in effect at any given time. Upon reasonable prior written notice to you (with e-mail or SMS sufficing), MOBIT The Company reserves the right to change its Billing Provisions whenever necessary, at its sole discretion. Continued use of the MOBIT Products and Services The Application after receipt of such notice shall constitute consent to any and all such changes; provided, however, that any amendment or modification to the Billing Provisions shall not apply to any charges incurred prior to the applicable amendment or modification. Amounts to be charged may include sales and other taxes where applicable and any other amounts indicated on the Siteour website. Your account will be credited within twenty-fourfour (24) hours of The Company verifying receipt of your payment. If you have elected to make a payment by credit card and we do not receive payment from the credit card issuer, you agree to pay all amounts due immediately upon demand by The Company. The Company cannot readily or accurately ascertain your location when you request to use The Application. You therefore agree that your use of The Application outside the continental United States is not subject to any applicable US federal or state taxes. To the extent that you are responsible for any additional taxes or fees beyond those collected by The Company, you agree that you will pay them when due to any applicable taxing authority, including any interest or penalties assessed. The Application shall not be responsible for any errors or transmission failures with regard to the charging and collection of funds through your indicated Payment Method, nor for any actions taken by the provider of the Payment Method you choose (which could include refusal to authorize the charge). In addition to the Agreement, any payments made by you may be subject to the agreement between you and the provider of the applicable Payment Method. As between You and The Company, you are responsible for all charges related to purchases made using your Account and payment method, whether or not you authorized such purchases. Standard charges apply to any test Customer Message sent originating from your account or initiated using any third party application. In the event of accidental under-billing in favor of you, or non-payment by You for The Application or Services, The Company shall be entitled to immediately proceed with collection remedies and shall be entitled to recover any and all costs, fees and expenses of such collection efforts including, but not limited to, collection agencies, court costs, filing and service of process fees, attorneys’ fees incurred through use of counsel of The Companies choosing and/or any other costs, fees and expenses incurred in the pursuit of collection on all customer accounts and receivables due and payable under the Agreement. The Company’s authorization to provide and bill for The Application and other Services is obtained by way of your acceptance of our terms and conditions when you apply for an Application subscription and make payment via an order form from The Company, via physical signature and/or voice affirmation. The Company also obtains your permission for billing by the use of ‘manual orders’ received via telephone where You provides credit card details and verbal confirmation. Once an order is received and paid, this constitutes your acceptance.

Appears in 1 contract

Samples: End User Software Use Agreement

Billing Provisions. Your use of the Service Application is contingent on your paying for such use (whether paid in advance or through the purchase of Credits (credits [as defined below) ] through the MOBIT Products and Services), Application or provided to a member of the Company) in the amounts and using the methods indicated on the Site and/or other area of Company website or through the MOBIT Products and ServicesApplication. Your payment for access to the MOBIT Products and ServicesApplication, including access to the Serviceaccess, Creditscredits, keywords, MOBIT mobile landing page templates, usage-sensitive fees and/or fees, and plans (a portion of which also includes software maintenance and upgrades, as well as customer support) shall be deemed completed when MOBIT the Company receives the full amount of payment owed for such portion of the MOBIT Products Application and Servicesservice. You are responsible to pay for any Client Message client message you attempt to send to any Consumer Contactsconsumer contacts, regardless of whether the message is actually received by the intended Consumer Contact consumer contact recipient. MOBIT The Company will charge your indicated method of payment (“Payment Methodpayment method”) for the applicable portion of the MOBIT Products Application and Services services immediately upon your you confirming the Payment Method payment method and amount to be charged. The charges will appear on your Payment Method payment method statement, as applicable, through the identifier "DPS". All charges are payable in United States currency. Subject to the conditions set forth hereinout here, you agree to be bound by the Billing Provisions billing provisions of MOBIT the Company in effect at any given time. Upon With reasonable prior written notice to you (with e-mail sufficingemail or SMS being acceptable), MOBIT the Company reserves the right to change its Billing Provisions billing provisions whenever necessary, necessary and at its sole discretion. Continued use of the MOBIT Products and Services Application after receipt of such notice shall constitute consent to any and all such changes; provided, however, that any amendment or modification to the Billing Provisions billing provisions shall not apply to any charges incurred prior to the applicable amendment or modification. Amounts to be charged may include sales and other taxes taxes, where applicable applicable, and any other amounts indicated on the Siteour website. Your account will be credited within twenty24 hours of the Company verifying receipt of your payment. If you have elected to make a payment by credit card and we do not receive payment from the credit card issuer, you agree to pay all amounts due immediately upon demand by the Company. The Company cannot readily or accurately ascertain your location when you request to use the Application. You therefore agree that your use of the Application outside the continental United States is not subject to any applicable United States federal or state taxes. To the extent that you are responsible for any additional taxes or fees beyond those collected by the Company, you agree that you will pay them when due to any applicable taxing authority, including any interest or penalties assessed. The Application shall not be responsible for any errors or transmission failures with regard to the charging and collection of funds through your indicated payment method, nor for any actions taken by the provider of the payment method you choose (which could include refusal to authorize the charge). In addition to the agreement, any payments made by you may be subject to the agreement between you and the provider of the applicable payment method. You are responsible for all charges related to purchases made using your Application account and payment method, whether or not you authorized such purchases. Standard charges apply to any test customer message sent originating from your account or initiated using any third-fourparty application. In the event of accidental under-billing in favor of you, or non-payment by you for the Application or services, the Company shall be entitled to immediately proceed with collection remedies and shall be entitled to recover any and all costs, fees, and expenses of such collection efforts, including, but not limited to, collection agencies, court costs, filing and service of process fees, attorneys’ fees incurred through the Company’s choosing, and any other costs, fees, and expenses incurred in the pursuit of collection on all customer accounts and receivables due and payable under the agreement. The Company’s authorization to provide and xxxx for the Application and other services is obtained by way of your acceptance of our terms and conditions when you apply for an Application subscription and make payment via an order form from the Company, via physical signature or voice confirmation. The Company also obtains your permission for billing by the use of “manual orders” received via telephone, where you provide credit card details and verbal confirmation. Once an order is received and paid, this constitutes your acceptance.

Appears in 1 contract

Samples: Master Subscription and Service Agreement

Billing Provisions. Your use of the Service The Application is contingent on your paying for such use (whether paid in advance or through the purchase of Credits (as defined below) through the MOBIT Products and ServicesThe Application or provided to a member of The Company), in the amounts and using the methods indicated on the Site The Company website and/or other area of the MOBIT Products and ServicesThe Application. Your payment for access to the MOBIT Products and ServicesThe Application, including access to the Serviceaccess, Creditscredits, keywords, MOBIT mobile landing page templates, usage-sensitive fees and/or plans (a portion of which also includes software maintenance and upgrades, as well as customer support) shall be deemed completed when MOBIT The Company receives the full amount of payment owed for such portion of the MOBIT Products The Application and Servicesservice. You are responsible to pay for any Client Message you attempt to send to any Consumer Contacts, regardless of whether the message is actually received by the intended Consumer Contact recipient. MOBIT The Company will charge your indicated method of payment (“Payment Method”) for the applicable portion of the MOBIT Products The Application and Services immediately upon your you confirming the Payment Method and amount to be charged. The charges will appear on your Payment Method statement, as applicable, through the identifier "DPS". All charges are payable in United States currency. Subject to the conditions set forth herein, you agree to be bound by the Billing Provisions of MOBIT The Company in effect at any given time. Upon reasonable prior written notice to you (with e-mail or SMS sufficing), MOBIT The Company reserves the right to change its Billing Provisions whenever necessary, at its sole discretion. Continued use of the MOBIT Products and Services The Application after receipt of such notice shall constitute consent to any and all such changes; provided, however, that any amendment or modification to the Billing Provisions shall not apply to any charges incurred prior to the applicable amendment or modification. Amounts to be charged may include sales and other taxes where applicable and any other amounts indicated on the Siteour website. Your account will be credited within twenty-fourfour (24) hours of The Company verifying receipt of your payment. If you have elected to make a payment by credit card and we do not receive payment from the credit card issuer, you agree to pay all amounts due immediately upon demand by The Company. The Company cannot readily or accurately ascertain your location when you request to use The Application. You therefore agree that your use of The Application outside the continental United States is not subject to any applicable US federal or state taxes. To the extent that you are responsible for any additional taxes or fees beyond those collected by The Company, you agree that you will pay them when due to any applicable taxing authority, including any interest or penalties assessed. The Application shall not be responsible for any errors or transmission failures with regard to the charging and collection of funds through your indicated Payment Method, nor for any actions taken by the provider of the Payment Method you choose (which could include refusal to authorize the charge). In addition to the Agreement, any payments made by you may be subject to the agreement between you and the provider of the applicable Payment Method. As between You and The Company, you are responsible for all charges related to purchases made using your Application account and payment method, whether or not you authorized such purchases. Standard charges apply to any test Customer Message sent originating from your account or initiated using any third party application. In the event of accidental under-billing in favor of you, or non-payment by You for The Application or Services, The Company shall be entitled to immediately proceed with collection remedies and shall be entitled to recover any and all costs, fees and expenses of such collection efforts including, but not limited to, collection agencies, court costs, filing and service of process fees, attorneys’ fees incurred through use of counsel of The Companies choosing and/or any other costs, fees and expenses incurred in the pursuit of collection on all customer accounts and receivables due and payable under the Agreement. The Company’s authorization to provide and xxxx for The Application and other Services is obtained by way of your acceptance of our terms and conditions when you apply for an Application subscription and make payment via an order form from The Company, via physical signature and/or voice affirmation. The Company also obtains your permission for billing by the use of ‘manual orders’ received via telephone where you provide credit card details and verbal confirmation. Once an order is received and paid, this constitutes your acceptance.

Appears in 1 contract

Samples: Master Subscription and Service Agreement

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Billing Provisions. Your use of the Service Application is contingent on your paying for such use (whether paid in advance or through the purchase of Credits (credits [as defined below) ] through the MOBIT Products and Services), Application or provided to a member of the Company) in the amounts and using the methods indicated on the Site and/or other area of Company website or through the MOBIT Products and ServicesApplication. Your payment for access to the MOBIT Products and ServicesApplication, including access to the Serviceaccess, Creditscredits, keywords, MOBIT mobile landing page templates, usage-sensitive fees and/or fees, and plans (a portion of which also includes software maintenance and upgrades, as well as customer support) shall be deemed completed when MOBIT the Company receives the full amount of payment owed for such portion of the MOBIT Products Application and Servicesservice. You are responsible to pay for any Client Message client message you attempt to send to any Consumer Contactsconsumer contacts, regardless of whether the message is actually received by the intended Consumer Contact consumer contact recipient. MOBIT The Company will charge your indicated method of payment (“Payment Methodpayment method”) for the applicable portion of the MOBIT Products Application and Services services immediately upon your you confirming the Payment Method payment method and amount to be charged. The charges will appear on your Payment Method payment method statement, as applicable, through the identifier "DPS". All charges are payable in United States currency. Subject to the conditions set forth hereinout here, you agree to be bound by the Billing Provisions billing provisions of MOBIT the Company in effect at any given time. Upon With reasonable prior written notice to you (with e-mail sufficingemail or SMS being acceptable), MOBIT the Company reserves the right to change its Billing Provisions billing provisions whenever necessary, necessary and at its sole discretion. Continued use of the MOBIT Products and Services Application after receipt of such notice shall constitute consent to any and all such changes; provided, however, that any amendment or modification to the Billing Provisions billing provisions shall not apply to any charges incurred prior to the applicable amendment or modification. Amounts to be charged may include sales and other taxes taxes, where applicable applicable, and any other amounts indicated on the Siteour website. Your account will be credited within twenty24 hours of the Company verifying receipt of your payment. If you have elected to make a payment by credit card and we do not receive payment from the credit card issuer, you agree to pay all amounts due immediately upon demand by the Company. The Company cannot readily or accurately ascertain your location when you request to use the Application. You therefore agree that your use of the Application outside the continental United States is not subject to any applicable United States federal or state taxes. To the extent that you are responsible for any additional taxes or fees beyond those collected by the Company, you agree that you will pay them when due to any applicable taxing authority, including any interest or penalties assessed. The Application shall not be responsible for any errors or transmission failures with regard to the charging and collection of funds through your indicated payment method, nor for any actions taken by the provider of the payment method you choose (which could include refusal to authorize the charge). In addition to the agreement, any payments made by you may be subject to the agreement between you and the provider of the applicable payment method. You are responsible for all charges related to purchases made using your Application account and payment method, whether or not you authorized such purchases. Standard charges apply to any test customer message sent originating from your account or initiated using any third-fourparty application. In the event of accidental under-billing in favor of you, or non-payment by you for the Application or services, the Company shall be entitled to immediately proceed with collection remedies and shall be entitled to recover any and all costs, fees, and expenses of such collection efforts, including, but not limited to, collection agencies, court costs, filing and service of process fees, attorneys’ fees incurred through the Company’s choosing, and any other costs, fees, and expenses incurred in the pursuit of collection on all customer accounts and receivables due and payable under the agreement. The Company’s authorization to provide and bill for the Application and other services is obtained by way of your acceptance of our terms and conditions when you apply for an Application subscription and make payment via an order form from the Company, via physical signature or voice confirmation. The Company also obtains your permission for billing by the use of “manual orders” received via telephone, where you provide credit card details and verbal confirmation. Once an order is received and paid, this constitutes your acceptance.

Appears in 1 contract

Samples: Master Subscription and Service Agreement

Billing Provisions. Your use of the Service Application is contingent on your paying for such use (whether paid in advance or through the purchase of Credits (credits [as defined below) ] through the MOBIT Products and Services), Application or provided to a member of the Company) in the amounts and using the methods indicated on the Site and/or other area of Company website or through the MOBIT Products and ServicesApplication. Your payment for access to the MOBIT Products and ServicesApplication, including access to the Serviceaccess, Creditscredits, keywords, MOBIT mobile landing page templates, usage-sensitive fees and/or fees, and plans (a portion of which also includes software maintenance and upgrades, as well as customer support) shall be deemed completed when MOBIT the Company receives the full amount of payment owed for such portion of the MOBIT Products Application and Servicesservice. You are responsible to pay for any Client Message client message you attempt to send to any Consumer Contactsconsumer contacts, regardless of whether the message is actually received by the intended Consumer Contact consumer contact recipient. MOBIT The Company will charge your indicated method of payment (“Payment Methodpayment method”) for the applicable portion of the MOBIT Products Application and Services services immediately upon your you confirming the Payment Method payment method and amount to be charged. The charges will appear on your Payment Method payment method statement, as applicable, through the identifier "DPS". All charges are payable in United States currency. Subject to the conditions set forth hereinout here, you agree to be bound by the Billing Provisions billing provisions of MOBIT the Company in effect at any given time. Upon With reasonable prior written notice to you (with e-mail sufficingemail or SMS being acceptable), MOBIT the Company reserves the right to change its Billing Provisions billing provisions whenever necessary, necessary and at its sole discretion. Continued use of the MOBIT Products and Services Application after receipt of such notice shall constitute consent to any and all such changes; provided, however, that any amendment or modification to the Billing Provisions billing provisions shall not apply to any charges incurred prior to the applicable amendment or modification. Amounts to be charged may include sales and other taxes taxes, where applicable applicable, and any other amounts indicated on the Siteour website. Your account will be credited within twenty24 hours of the Company verifying receipt of your payment. If you have elected to make a payment by credit card and we do not receive payment from the credit card issuer, you agree to pay all amounts due immediately upon demand by the Company. The Company cannot readily or accurately ascertain your location when you request to use the Application. You therefore agree that your use of the Application outside the continental United States is not subject to any applicable United States federal or state taxes. To the extent that you are responsible for any additional taxes or fees beyond those collected by the Company, you agree that you will pay them when due to any applicable taxing authority, including any interest or penalties assessed. The Application shall not be responsible for any errors or transmission failures with regard to the charging and collection of funds through your indicated payment method, nor for any actions taken by the provider of the payment method you choose (which could include refusal to authorize the charge). In addition to the agreement, any payments made by you may be subject to the agreement between you and the provider of the applicable payment method. You are responsible for all charges related to purchases made using your Application account and payment method, whether or not you authorized such purchases. Standard charges apply to any test customer message sent originating from your account or initiated using any third-fourparty application. In the event of accidental under-billing in favor of you, or non-payment by you for the Application or services, the Company shall be entitled to immediately proceed with collection remedies and shall be entitled to recover any and all costs, fees, and expenses of such collection efforts, including, but not limited to, collection agencies, court costs, filing and service of process fees, attorneys’ fees incurred through the Company’s choosing, and any other costs, fees, and expenses incurred in the pursuit of collection on all customer accounts and receivables due and payable under the agreement. The Company’s authorization to provide and xxxx for the Application and other services is obtained by way of your acceptance of our terms and conditions when you apply for an Application subscription and make payment via an order form from the Company, via physical signature or voice confirmation. The Company also obtains your permission for billing by the use of “manual orders” received via telephone, where you provide credit card details and verbal confirmation. Once an order is received and paid, this constitutes your acceptance.

Appears in 1 contract

Samples: Master Subscription and Service Agreement

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