1. Payments for Standard, Non-Contract Accounts
In return for receiving our Service, you promise to pay us as follows:
a. Internet Access
You will pay at time of service delivery, at the rates in effect at the time, for all Services ordered, through all periods until the Service is canceled.
Usage of any special services provided on any day of any month requires the full month’s subscription and is not prorated on a per-day basis. Monthly or annual subscriptions for services ordered are non-refundable.
b. Administrative Fees
In order to control the basic charges, which apply to all customers, we charge fees that arise in specific circumstances only to those customers responsible for them. Accordingly, you will pay the following fees when they are applicable:
1. Administrative Late Fee – Finance Charges: If we do not receive your payment by the due date appearing on your bill, we will charge you an administrative late fee of up to 1.5% of billed amount per month or partial month until the delinquent amount is paid in full subject to applicable law. We do not extend credit to customers and this late fee is not an interest charge. This fee is reasonably related to the actual expense we incur due to late payment.
2. Returned Payment Fee: If any bank or other financial institution refuses to honor any payment of yours, we may charge you a fee of up to $30.00. This fee is not an interest charge and it is reasonably related to the actual expense we incur due to unsatisfied payment.
3. Billing Processing Fee: Accounts may be charged a fee for processing billing to cover the costs we incur for preparing and distributing such material.
c. Billing Statements
If you are a business customer holding an account with Tech Pad, LLC or a customer under contract with us, we will send you a statement for each billing cycle (customarily once every 30 days) unless you have a zero balance due on your account at the end of a billing cycle. If you elect to make automatic credit card or electronic funds payments, you will not receive monthly statements. Statements will show: (1) payments, credits, purchases, and any other charges to your account, (2) the amount you owe us, and (3) the payment due date. Tech Pad, LLC reserves the right to require credit card or cash pre-payment for selected services.
d. Questions About Your Statement
If you think your statement is incorrect or if you need more information about it, contact us. We will respond to you and try to resolve any complaints you have as promptly as we can. If you write to us, please include the following information:
Your Name and Business Name;
the dollar amount in question and invoice number;
an explanation of why you believe there is an error;
any suggestions you may have for solving the problem.
If you need more information about an item, describe the item and what information you need.
If you have questions, call or write us as soon as possible. Please do not include correspondence with your payment. In order for us to investigate the problem, you must contact us within 30 days of the date you receive the statement in question. Undisputed portions of the statement must be paid by the due date to avoid a late fee and possible deactivation of Services.
Payments must be made by check or money order payable to Tech Pad, LLC in U.S. dollars. We may, at our discretion, accept credit card and electronic funds transfer payments. Due to the subjective nature of creditworthiness, we reserve the right to require payment via cashier’s check, money order, or credit card, regardless of some objective credit rating or any past practice. The outstanding balance is due in full each month. No “payment in full” notation or other restrictive endorsement written on your payments will restrict our ability to collect all amounts owing to us.
f. Payments Not Received On Time
We may deactivate your Services if you do not pay your statements within 30 days of the date they were due or within the terms specified on contract.
g. Consents Regarding Credit
In order to establish an account with us, you authorize us to inquire into your creditworthiness, by checking with credit reporting agencies. If you are delinquent in any payment to us, you also authorize us to report any late payment or nonpayment to credit reporting agencies.
h. Collection Costs
You will pay us any costs we reasonably incur to collect amounts you owe us.
i. Automated Credit Card Payments
Customers may opt to have payments automatically deducted from a credit card each billing cycle. If these automated transactions are declined two (2) times consecutively by our credit card processing company, the unpaid services being invoiced will be deactivated.
2. Changes in Service Terms
Due to the evolving nature of our business, its competition, and the requirements and costs of suppliers, we must reserve the right to change our services and the terms on which we offer Service from time to time, as we believe appropriate, including our fees and charges. If we make any such changes, we will send you a notice describing them and their effective date, in the manner described in Section 5(a). You always have the right to cancel your Service, in whole or in part at any time, and you may do so if you do not accept any such changed terms or changes in Service. If you elect not to cancel your Service after receiving our notice of a change, your continued receipt of Service from us will constitute acceptance of the changed terms. If you notify us that you do not accept such terms, then we may cancel your Service as provided in Section 3, as we cannot offer Service to different customers on different terms.
a. Our Cancellation
We may cancel your Service at any time if you fail to pay amounts owing to us when due, subject to any grace periods, or breach of any other material provision of this Agreement or any contractual obligations we may be under. In such case, you will still be responsible for payment of all outstanding balances accrued through that effective date. We may terminate this Agreement if you elect not to accept any changed terms described to you, as provided in Section 2.
4. Limits on Our Responsibility
a. Service Interruptions
Service may be interrupted from time to time for a variety of reasons. We are not responsible for any interruptions of Service that occur due to acts of God, power failure, DoS attacks, viruses, or any other cause beyond our reasonable control. Because the Internet is an inter-network of millions of smaller networks and individual computers, we are only responsible for our network and we are not responsible for any interruptions caused by any other network or computer.
b. Limitations of Liability
WE ARE NOT RESPONSIBLE FOR ANY CONSEQUENTIAL DAMAGES RELATING TO ANY SERVICE, WHETHER BASED ON NEGLIGENCE OR OTHERWISE. OUR TOTAL LIABILITY TO YOU AND ANY OTHER PERSONS RECEIVING OUR SERVICE, REGARDLESS OF THE CAUSE, WILL IN NO EVENT EXCEED THE AMOUNT PAID TO US FOR THE SERVICE IN QUESTION. THIS ALLOCATION OF RISK IS REFLECTED IN OUR PRICES. You may have greater rights than described above under your state’s laws. You should consult them.
Notices to you will be deemed given when deposited in the United States Postal Service and addressed to you at your last known address, hand delivered to you, your business or your place of residence, or sent electronically via your email address. Mailed notices may be included in our statements to you. We may also provide notice to you by telephone, which will be deemed given when a message is left with your or someone answering the telephone at your business or residence.
b. Applicable Law
The interpretation and enforcement of this Agreement shall be governed by the rules and regulations of applicable federal laws and the laws of California. This Agreement is subject to modification if required by such laws.
c. Assignment of Account
We may assign your account to a third party for collection purposes, without notice. You must continue making all required payments to us in accordance with your billing statement, unless notified otherwise.
This states our entire agreement. No salesperson or other representative is authorized to change it. If any provision is declared by a competent authority to be invalid, that provision will be deleted or modified to the extent necessary, and the rest of the Agreement will remain enforceable. The terms of this Agreement that expressly or by their nature survive termination shall continue thereafter until fully performed.
Any usage of our services constitutes acceptance of this policy.