This Software Subscription Service (SaaS) Agreement (the “Agreement”) sets forth the obligations and conditions between you (“Client”) and EZLOGZ, Inc., a Washington Corporation (“Provider”), relating to your use of the Services defined herein. Please read this Agreement carefully. Your use of the Services is expressly conditioned on your acceptance of this Agreement.
BY CLICKING THE “I AGREE” ICON BELOW, AND/OR BY USING THE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ANY TERM OF THIS AGREEMENT, DO NOT USE THE SERVICES AND EXIT IMMEDIATLEY BY CLICKING “I DO NOT AGREE” ICON BELOW.
NOW THEREFORE, in consideration for the mutual promises contained herein and other good and valuable consideration, the parties agree as follows:
PLEASE BE AWARE OF THE AGREEMENT TO ARBITRATE IN THESE TERMS AS IT REQUIRES ARBITRATION TO RESOLVE DISPUTES, IN MOST CASES, ON AN INDIVIDUAL BASIS, RATHER THAN JURY TRIALS AND CLASS ACTIONS.
Client shall provided a valid credit card, ACH payment system information, bank account information authorized for automatic bill paying, or other acceptable method of payment to Provider and shall take all necessary steps to authorize automatic payment of the Subscription Fee. Client shall be charged $1 as an initial charge to the payment method provided to Provider to verify the payment method.
By agreeing to this Agreement, Client hereby authorizes Provider to automatically charge said method of payment for all Subscription Periods during the term of this Agreement. If, for any reason, automatic payment shall be denied or payment is not made when due, then Client shall have ten (10) days after notice of non-payment from the Provider to pay the Subscription Fee to avoid late charges. After ten (10) days the Client shall pay the applicable Subscription Fee, together with a $7.99 late fee charge PER SCANNER OR DRIVER (whichever is larger) on the account to Provider. If no payments or insufficient payments are made to Provider within fifteen (15) days of notice of non-payment from Provider then the Subscription shall be cancelled immediately, Client will be charged the pro rated fees for unpaid time of usage in the month of cancellation and the Scanner will need to be returned or Client will be charged as set forth in Section 10, above. Clients’ account is only available for reinstatement for thirty (30) days from the notice of non-payment from Provider. Any reinstatement shall be subject to $34.99 reinstatement fee per account. Failure to resolve account within this time frame may result in Client’s account being turned over to a third party for collections.
BY CLICKING “I AGREE” AND/OR BY USING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTOOD IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT THIS AGREEMENT SHALL BE SUPERIOR TO, AND SUPERCEDE ANY CONFLICTING OR INCONSISTENT TERMS CONTAINED IN ANY OTHER DOCUMENTS PROVIDED TO THE PROVIDER BY YOU, OTHER DOCUMENTS PROVIDED TO YOU BY THE PROVIDER, OR AGREEMENTS PREVIOUSLY ENTERED INTO BY THE PARTIES. IF YOU DO NOT AGREE TO THE TERM OF THIS AGREEMENT, DO NOT INSTALL OR USE THE SOFTWARE APPLICATION AND/OR THE DATA, AND EXIT NOW BY CLICKING ON THE “I DO NOT AGREE” ICON BELOW.