Effective Date: August 25, 2015.
These “Commercial Terms”, together with the Terms of Service, apply to our commercial transactions with you, including your purchase of DigitalPage for Business (“Service”) or other paid service from us. You should carefully read through these Commercial Terms to understand your rights and responsibilities, as these Commercial Terms constitute a contract between you and DigitaPage or its affiliate from which you are purchasing the Service. By purchasing the Service, you agree to be legally bound by these Commercial Terms and Terms of Service. If there are any conflicts or discrepancies between “Commercial Terms” and “Terms of Service”, Commercial Terms shall prevail.
We may update these Commercial Terms from time to time. The Commercial Terms published on our site at the time you purchase the Service, will apply to your transaction (a “Commercial Transaction”). If you do not agree to the changed Commercial Terms, you may cancel your Service and/or elect not to enter into the Commercial Transaction. If you do not cancel the Service within thirty days after you have learned of the change, or you proceed with any Commercial Transaction, you will be legally bound by the updated Commercial Terms.
Payment of Fees; Taxes
When you elect to purchase the Service from us and enter a form of payment, you agree that: (i) you will fulfill your obligation to pay for the Service by the date on which payment is due; (ii) any payment information you provide is true and accurate; (iii) you are authorized to use the payment method you provide; (iv) we have permission to retain the payment information and method, including all submitted debit and credit card information, submitted by you and your issuing bank or the applicable payment network; and (v) we or our reseller (as applicable) are authorized to charge you for the Service using the established payment method and the information you provide that is stored in your account as of the applicable date for payment. Your assurances of payment and our rights to collect payment include any obligation you may have to pay any taxes. In addition, you agree that you will be responsible for any credit card chargeback fees as well as any reasonable collection costs we incur as a result of your failure to pay on a timely basis.
You agree to pay the charges for the Service in the currency specified by DigitalPage when you enter into the Commercial Transaction, and you assume all risks associated with any changing value in the currency compared with other currencies. The specified charge for the Service may include certain taxes applicable to your purchase. If any tax or charge applicable to a purchase is not charged by us, you acknowledge that you are solely responsible for paying the tax or other charge.
Our prices for the Service do not include any of the third-party fees you incur in connection with using the Service including, without limitation, fees charged by your Internet access provider, any wireless carrier charges for cellular or data services and any other third party applications or services with which you may use the Service; you are responsible for selecting and managing these other services, and paying the fees for such services.
Changes in Fees
We may change the price of any Service from time to time, and add new fees and charges for certain features or to reflect a change in business or legal rules, but we will send advance notice of changes in recurring subscription fees by email to the address in your account information. Any increase in charges for the same Service would not apply until the expiration of your then current billing cycle, unless otherwise specifically provided in our notice to you, and would become effective no sooner than the next time you would be charged for that Service. If you do not agree to pay the new price or other applicable charges, you may elect not to renew the Service subscription before the price change goes into effect, which cancellation would be effective at the expiration of your then current billing cycle.
Autorenewal
We accepts certain debit and credit cards as well as other forms of cash payment as payment methods (each, an “Accepted Payment Method”) for the Services, subject to the procedures and rules contained in these Commercial Terms and any applicable contract with the Accepted Payment Method. Accepted Payment Methods may vary by country or by Service, and may change from time to time. When you purchase with an Accepted Payment Method, the fees for your Service will be billed on the date of your purchase. If you purchase the Service that renews automatically, such as monthly or annually, you agree that we may process your Accepted Payment Method on each monthly, annual or other renewal term (based on the applicable billing cycle), on the calendar day corresponding to the commencement of your Service subscription. In addition, you agree that we have permission to retain and/or share with financial institutions and payment processing firms information regarding your purchase and your submitted payment information in order to process your purchase. If your Service subscription began on a day not contained in a subsequent month (e.g., your service began on January 30, and there is no February 30), we will process your payment on the last day of such month. This is what we mean by paying on an autorenewal basis.)
Changes to Payment Methods and Account Information
You are responsible for ensuring that all of your account information, including your email address and all payment information (address, debit or credit card number and expiration date), is accurate and up to date at all times. You may change this information at any time. If your credit card expires or the information is otherwise invalid, or you or another party controlling the payment method make changes to your billing account too close in time to when we charge for the Service subscription (so we cannot reasonably act on your changes prior to billing), we will probably not be aware of this, and we will bill the current charges to the card we had on record; the continuation of your Premium Service or Product subscription constitutes your authorization for us to do so, and you remain responsible for any uncollected amounts and any charges incurred by you or us as a result of billing to an invalid card.
Cancellation of the Service Subscription
You may elect to cancel the Service at any time. Any cancellation of the Service will be effective as of the end of the then-current billing period, except as provided in the Terms of Service and except where we materially modify the Terms of Service, Privacy Policy, these Commercial Terms during a billing period, and such modification adversely affects you (a “Terms Modification”). In the event of a Terms Modification, you may cancel your subscription for the Service prior to the end of the then current billing period if we receive notice from you no later than thirty days after the effectiveness of such Terms Modification. The cancellation shall be effective upon our receipt of your notice and our determination that you are authorized to effect such cancellation. If you desire to cancel your subscription for the Service as of the end of the current billing period, you may do so by logging into your account through the App Store or Play Store, accessing your “Account Summary” from the Settings page and choosing “Cancel Subscription.”
Costs of Collection; Credit Card Chargebacks
In addition to the published fees for the Service, you agree to pay any reasonable costs we incur to collect any unpaid or past due amounts, including reasonable attorneys’ fees and other associated costs. Delinquent payments will bear interest at the rate of 1% per month or the highest rate permitted under applicable law, whichever is less, from the payment due date until paid in full.
If you purchase the Service with a credit card and then subsequently request your credit card issuer to reverse that payment, DigitalPage is charged a fee that may be a significant multiple of the amount we initially received. Accordingly, in order to enable you to pay relatively minor fees with a credit card, you acknowledge and agree that we reserve the right to suspend your ability to add additional document to your Service account until such time as you reimburse us the amount of the fee we were charged by the card issuer.
