The payment, renewal, collection, payment-processor, and tax provisions in this section apply only to the party purchasing Subscription Services from Tekmetric. They do not apply to student users in an Educational Program. Fees, invoicing, payment terms, renewal rights, taxes, cancellation, and other commercial terms for an Educational Program will be as stated in these Terms or, if applicable, an order form or other written agreement between Tekmetric and the Authorized Educational Institution. No student user is responsible for any fee, payment obligation, renewal obligation, tax obligation, late charge, collection cost, or payment-processor term.
Many areas and features of the Platform are freely accessible. However, certain portions of the Services require a payment of fees for access and use (“Subscription Services”). You are required to pay a monthly or annual fee for the Subscription Services (“Subscription Fees”) as published on our Site from time to time or as otherwise communicated to you at the time you register for Subscription Services. Tekmetric may in its sole and absolute discretion change its Subscription Fees at any time. Your continued use of the Subscription Services after such fee change constitutes your acceptance of such fee change. Tekmetric may charge or retain Subscription Fees if you do not fulfill your contractual obligations under the Terms. All payments must be timely made via a payment method accepted by Tekmetric.
Unless otherwise communicated to you at the time you register for Services or as listed in the Service Order Form, the Services include an automatic renewal option by default. Unless you cancel your Services before the end of the then-current Subscription Term, and, in the case of an annual Subscription Term, provide such cancellation notice at least 30 days before the end of that Subscription Term, the subscription to the underlying Services will automatically renew upon the end of the then applicable Subscription Term, for a renewal period of one year (each such one-year term, a “Renewal Term”) and, unless otherwise notified to the User, at the same price (subject to applicable tax changes and excluding any discount or other promotional offer provided for the first Subscription Term).
Notwithstanding the foregoing, an Educational Program will not renew automatically, and Tekmetric will not charge a payment method or debit an account for an Educational Program, unless these Terms or an applicable order form or other written agreement expressly provides otherwise and the arrangement is permitted by applicable law and the Authorized Educational Institution’s procurement requirements.
If you are subject to the Payment Processing Terms of Service, you authorize us or any third-party provider to offset the amount due to Tekmetric pursuant to these Terms from amounts otherwise due to you in connection with your receipt of the Payment Services (as defined in the Payment Processing Terms of Service). All amounts not paid when due may incur an interest charge of 1.5% per month or the highest rate permitted by law, whichever is less. You may be subject to additional fees and/or penalties for late payments, returned checks, dispute fees, declined payments due to insufficient funds, and any fees that Tekmetric may incur in connection with fraudulent activities originating from your account. Except as otherwise expressly provided, all payments are non-refundable and non-cancellable.
The preceding paragraph does not apply to an Educational Program except to the extent expressly agreed by the Authorized Educational Institution.
Depending on the laws of your jurisdiction, you may be taxed for any payments or purchases. Tekmetric may collect all applicable taxes related to your use of the Platform at the time of payment. In the event that the applicable taxes are not collected by Tekmetric, you agree that you are still responsible for paying any applicable taxes owed to the tax agencies having jurisdiction over you. In order for Tekmetric to comply with US tax laws, you may be required to submit Form W-9 or other tax documents. You agree to comply with Tekmetric’s requests to submit any tax documentation. You agree that Tekmetric cannot and will not provide tax advice; any tax questions should be directed to your tax attorney or other tax professional.
Payments will be processed by Tekmetric’s designated payment processor. You hereby expressly authorize Tekmetric and its payment processor to charge or debit your designated payment method (e.g., credit card, debit card, bank account via ACH, as the case may be) for all fees and other amounts owed to Tekmetric or its affiliates. Such authorization shall remain in place for as long as you owe money to Tekmetric or until you cancel such authorization through a written request sent to support@tekmetric.com. With regard to your payment of fees and other amounts owed to Tekmetric via ACH, you agree to comply with the applicable, then-current rules, regulations, requirements, and procedural guidelines published by the National Automated Clearing House Association (“NACHA”), and/or all regional payment alliances associated with NACHA. You authorize Tekmetric to store your payment credentials and process transactions in the manner and at the times agreed to by the parties. You understand and agree that we share your payment information and other relevant information with our payment processor and other third-party service providers as necessary to provide the Services and process your payments for amounts due. For as long as you pay your Subscription Fees and your use of the Subscription Services has not been suspended or terminated by Tekmetric, Tekmetric grants you, during the term of this Agreement, a limited, revocable, non-transferable, non-sublicensable, non-exclusive license to use the Subscription Services, solely for your internal business use and solely in accordance with the usage policies, specifications, and/or other documentation made available by Tekmetric from time to time. This paragraph does not apply to student users and applies to an Educational Program only to the extent the Authorized Educational Institution purchases Subscription Services or otherwise expressly agrees to it.
CHANGE IN OWNERSHIP; PAYMENT METHODS
If ownership or control of your business changes, you are solely responsible for promptly notifying Tekmetric in writing and updating the payment method associated with your account before or promptly upon the effective date of the change. Until Tekmetric receives written notice of the change in ownership and updated payment information from the new owner, Tekmetric may continue to charge the payment method then on file for all fees and other amounts due under these Terms. You remain responsible for all amounts properly charged to the payment method on file before Tekmetric receives such notice and updated payment information, and neither Tekmetric nor its payment processor will be responsible for refunds, chargebacks, disputes, or other claims arising from your failure to update the payment method following a change in ownership. The new owner is responsible for all fees and other amounts due for Subscription Services used after the change in ownership and must provide a valid payment method acceptable to Tekmetric.
AI DIGITAL MARKETING; PIE TECH INC.
Service Provider Disclosure. If you elect to activate the AI Digital Marketing feature or related digital advertising services (collectively, the “Digital Advertising Services”), you acknowledge that Pie Tech Inc. (“Pie”) is an independent third-party technology vendor engaged by Tekmetric to create, deliver, manage, and support digital advertising campaigns on third-party advertising platforms, including Google and Yelp, on your behalf. Pie is not an affiliate of Tekmetric, and Tekmetric does not control the advertising platforms or guarantee any campaign results, including impressions, leads, conversions, or return on advertising spend.
Separate Ad Spend Billing; Payment Authorization. Digital Advertising Services and related advertising spend are optional and are separate from, and in addition to, Subscription Fees charged by Tekmetric. If you activate Digital Advertising Services, Pie may bill you directly for advertising spend and related charges. Such charges will appear on your payment statement as “GETPIE”. You authorize Pie and its payment processors to charge the payment method you provide to Pie for the prepaid advertising credit balance used to fund your active campaigns and to replenish that balance automatically as necessary to sustain those campaigns, without further notice, in accordance with the budget, funding settings, and other authorizations you select or approve. Your authorization remains effective while your campaigns remain active and until you cancel the Digital Advertising Services or revoke the applicable payment authorization in accordance with Pie's applicable cancellation process; revocation or cancellation does not affect charges properly incurred before it becomes effective.
Billing Questions and Disputes. You must promptly review charges appearing as “GETPIE” and contact Pie or Tekmetric through the applicable support channel to resolve any billing question or suspected error before initiating a payment dispute or chargeback, unless applicable law or your card-network rules permit otherwise. You will not initiate a payment dispute or chargeback for a charge that you authorized and that was properly incurred for Digital Advertising Services or advertising spend. If you initiate a payment dispute or chargeback in breach of this paragraph, or if Pie is unable to collect authorized advertising spend, Tekmetric and Pie may suspend or terminate the affected Digital Advertising Services and campaigns, and you remain responsible for all amounts properly due. Any unused prepaid advertising credit balance will be handled in accordance with Pie's applicable terms and policies and applicable law.
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