Date Last Revised: February 13, 2012
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Evolution Finance Billing and Payment Agreement
By signing up for any Evolution Finance Service that requires payment, you agree to be bound by and comply with these terms and conditions (“Payment Terms”) in addition to Evolution Finance’s Universal Terms. Together these Terms constitute an agreement between you, on behalf of yourself, the Business Entity for which the Services are to be provided, as applicable, and Evolution Finance, Inc., a Delaware corporation (“Evolution Finance,” “we,” “us,” “our”). Please do not sign up for the Services if you do not agree to be bound by and comply with both the Payment Terms and the Universal Terms.
Evolution Finance may at any time decide to charge for some or all of its Services or aspects of its Services (including, but not limited to, “Business Account Upgrades” and “Ads”).
Furthermore, you are expressly agreeing that we are authorized to charge you a recurring fee (whether daily, weekly, monthly, quarterly or annually) at the then current rate, and any other charges you may incur in connection with your use of the Service to the “Payment Method” (defined below) you provided during registration (or to a different Payment Method if you change your account information). Please note that prices and charges are subject to change with notice. Additional information regarding purchases, billing and payment can be found below.
1.1 All definitions listed in the Universal Terms shall apply to the Payment Terms.
1.2 “Payment Method” means the method by which you will pay for a Service (for example, PayPal, check, credit card or debit card).
1.3 “Billing Period” means the interval (for example, daily, weekly, monthly, quarterly, annually) established during the purchasing process at which fees for a Service requiring recurring payment are charged to your Payment Method. Your Billing Period will be specified by Evolution Finance at the time of registration for a particular Service, though Evolution Finance reserves the right to change the term of future Billing Periods at any time.
1.4 “Service Fee” or “Fee” and collectively, “Service Fees” or “Fees” mean either the recurring subscription fee that will be charged to your Payment Method each Billing Period, unless you cancel your subscription, or a one-time charge for a particular Service, where applicable.
2.1 When you confirm a transaction on or through the Services (defined in the Universal Terms) provided by Evolution Finance, you agree to be bound by and pay for that transaction.
2.2 Pay attention to the details of the transaction, because your total price may include taxes, Fees, and shipping costs, which you are responsible for paying.
2.3 The amount of recurring charges will be the current Service Fee applicable to the Service you selected and you acknowledge that the amount of the recurring charge may increase if the applicable Service Fee increases.
2.4 Don’t commit to a transaction unless you are ready to pay, because all sales are final and Fees are not prorated or refundable (for example, if you cancel your subscription during a Billing Period, no part of that Billing Period’s Fees will be refunded; you simply will not be charged for the next Billing Period).
2.5 WE MAKE NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY PRODUCTS OR SERVICES SOLD ON OR THROUGH THE SERVICES.
3.1 If you are eligible, and have signed up for a free trial, your Payment Method will be authorized for up to approximately one month of service during free trials; however, no charges will be made against the Payment Method unless you do not cancel prior to the end of your free trial period.
3.2 For Services requiring a one-time payment, the respective Fee will be billed at the time of purchase or shortly thereafter. For Services requiring a recurring payment, Fees will be billed at the beginning of the paying portion of your membership and each Billing Period thereafter unless and until you cancel your membership. In order to avoid additional Fees, Services, including advertising, must be cancelled prior to your next Billing Period.
3.3 We automatically bill your Payment Method each Billing Period on the calendar day corresponding to the commencement of your paying membership. Membership charges are fully earned upon payment. In the event your paying membership began on a day not contained in a given month, we bill your Payment Method on the last day of such month. For example, if you started your subscription or became a paying member on January 31st, your next payment date is February 28th and your Payment Method would be billed on that date.
3.4 You acknowledge that the amount billed each Billing Period may vary for reasons that may include differing amounts due to promotional offers, and you authorize us to charge your Payment Method for such varying amounts.
3.5 At any time, and for any reason, we may provide an account credit, discount, or other consideration to some or all of our members (“Credits”). The amount and form of such Credits, and the decision to provide them, are at our sole and absolute discretion. The provision of Credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide Credits in the future, under any circumstance.
3.6 We may change the Fees and charges in effect, or add new Fees and charges from time to time, but we will give you advance notice of these changes by email.
3.7 To cancel, visit our website and click on “Cancel my subscription” on the “Settings” page and follow the instructions for cancellation under the heading “Cancel my subscription.”
4.1 We want to make payments convenient, so we may allow you to make payments using a number of different Payment Methods, including PayPal, ACH, credit cards and debit cards.
4.2 When you provide a Payment Method to us, you confirm that you are authorized to use that Payment Method. You also authorize us to collect and store payment information, along with other related transaction information.
4.3 When you make a payment, you authorize us (and our designated payment processor) to charge the full amount to the Payment Method you designate for the transaction.
4.4 If you pay by credit or debit card we may obtain a pre-approval from the issuer of the card for an amount up to the amount of the purchase. We will bill your card at the time of purchase or shortly thereafter. If you cancel a transaction before completion, that pre-approval may result in your funds not otherwise being immediately available.
4.5 If you pay by debit card and your payment results in an overdraft or other fee from your bank, you alone are responsible for that fee.
4.6 For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or related charges. Check with your bank and credit card issuers for details.
4.7 Any and all late payments shall accrue interest at the rate of one and one half percent (1.5%) per month (or the highest rate permitted by law, whichever is less). In addition, you are responsible for paying any reasonable expenses and attorneys fees that we incur in connection with collecting late amounts.
4.8 If you want to use a different Payment Method or if there is a change in Payment Method, such as your credit card validity or expiration date, you may update your Payment Method information. If your Payment Method reaches its expiration date and you do not edit your Payment Method information or cancel your account (see section “3.7” above), you authorize us to continue billing that Payment Method and you remain responsible for any uncollected amounts.
5. Actions We May Take
As part of our effort to keep Evolution Finance’s Services safe, we may take certain actions to reduce liability for users and us.
5.1 We may make any inquiries that we consider necessary, either directly or through third parties, concerning your identity and creditworthiness.
5.2 We may cancel any transaction if we believe the transaction violates these Payments Terms or the Universal Terms, or we believe doing so may prevent financial loss.
5.3 We may place a delay on a payment for a period of time, limit payment sources for a transaction, limit your ability to make a payment or deactivate your account if we believe doing so may prevent financial loss.
5.4 We may contact your payment source issuer, law enforcement, or impacted third parties (including other users) and share details of any payments you are associated with if we believe doing so may prevent financial loss or a violation of law.
5.5 We reserve the right to suspend, terminate or restrict your use of any Service or the Services on the whole, without notice, for any or no reason whatsoever.
6. Disputes and Reversals
6.1 If you believe that an unauthorized or otherwise problematic transaction has taken place under your account, you agree to notify us immediately, so that we may take action to prevent financial loss.
6.2 To the fullest extent permitted by law, you waive all claims against us related to payments unless you submit the claim to us within 30 days after the charge.
6.3 You are responsible for and agree to reimburse us for all reversals, charge-backs, claims, fees, fines, penalties and other liability incurred by us (including costs and related expenses) that were caused by or arising out of payments that you authorized or accepted.
6.4 If you enter into a transaction with a third party and have a dispute over the goods or services you purchased, we have no liability for such goods or services. Our only involvement with regard to such transaction is as a payment agent.
6.5 We may intervene in disputes between users concerning payments but have no obligation to do so.
6.6 Your only remedy for a technical failure or interruption of service is to request that your transaction be completed at a later time.
7. Special Provisions Applicable to Advertisers
7.1 You incur Ad fees when a user clicks on an Ad, as measured by Evolution Finance’s Ad measurement system. It is left to Evolution Finance’s discretion to determine how many times the Ad will be displayed based on available inventory and other factors, up to the maximum number of Ad clicks per day indicated on the Checkout Page. As such, there is no minimum guarantee how many times your Ads will be viewed or displayed. You understand that Evolution Finance will determine, in its sole discretion, how to measure the number of impressions, inquiries, conversions, clicks, or other actions taken by third parties in connection with your Ads, and all charges will be based on such measurements.
7.2 You are responsible for maintaining the security of your Business Account, and you understand that you will be charged for any orders placed on or through your Business Account.
7.3 Without limiting section 5.1, your order constitutes your written authorization for us to obtain your personal and/or business credit report from a credit bureau. We may obtain your credit report when you place an order, or at any time thereafter.
8. Notices and Amendments to These Payments Terms
8.1 We may provide notices to you by posting them on our website, or by sending them to an email address or street address that you previously provided to us. Website and email notices shall be considered received by you within 24 hours of the time posted or sent; notices by mail shall be considered received within three business days of the time sent.
8.2 Except as otherwise stated, you must send notices to us relating to payments and these Payment Terms by postal mail to: Evolution Finance, Attention: Payment Disputes, 1530 Key Blvd #1315, Arlington, VA 22209, United States.
8.3 The Payment Terms in place at the time you confirm a transaction will govern that transaction.
8.4 We may change these Additional Terms, in whole or in part.
9.1 All of the commitments you make in the Evolution Finance Universal Terms apply to payments through Evolution Finance. In the event of any conflict between these Payments Terms and the Evolution Finance Universal Terms, the Payments Terms shall prevail.
9.2 Some countries may restrict or prohibit your ability to make payments through Evolution Finance. Nothing in these Payments Terms should be read to override or circumvent any such foreign laws.