A. The Services will commence on the date Client’s order for the Services is accepted by ShoppingCartDepot.com (the “Effective Date”) and will thereafter continue on the basis of successive billing periods (with the first day of each billing period being a “Billing Date”) until terminated by either party in accordance with this Agreement. For each billing period, ShoppingCartDepot.com will charge the Client’s credit card on each Billing Date for (i) any non-refundable recurring subscription fees as well as any other annual or one-time fees due in advance for the billing period beginning on that date, and (ii) any transaction fees and all other fees designated to be paid in arrears based on the value of goods and services sold through the Client’s Store (as defined below) during the previous billing period.
B. Without limiting ShoppingCartDepot.com’s other remedies, any amount that is not retrievable from Client’s credit card when due will accrue a late fee at one and one half percent (1½ %) per month or the maximum rate permitted by applicable law, whichever is less, from the due date until paid. ShoppingCartDepot.com may continue to submit charges on Client’s credit card from time to time until all fees due are paid. ShoppingCartDepot.com may suspend all or any portion of the Services at any time when fees are due and unpaid. For any amounts not paid when due ShoppingCartDepot.com will be entitled to recover from Client losses, damages, indemnity, defense costs, expert costs, collection costs and/or attorneys fees or expert witnesses’ cost or other costs of any kind incurred by ShoppingCartDepot.com hereunder.
C. All fees under this Agreement exclude all applicable sales, use, and other taxes and government charges, whether federal, state or foreign, and Client will be responsible for payment of all such taxes (other than taxes based on ShoppingCartDepot.com’s income), fees, duties, and charges, and any related penalties and interest, arising from the payment of any and all fees under this Agreement including the access to or performance of the Services hereunder.
D. Clients who purchase Services with an annual billing arrangement may receive a refund for terminating the Services in the following circumstances:
E. In addition, if expressly noted in the ordering process, Client may receive a refund of 100% of the amount paid upon signup (if any) if Client terminates the Services within thirty (30) days or less after the Effective Date. However, you acknowledge and agree that if you have surpassed a 30-day trial period, if any, you will not be entitled to a refund. Client acknowledges and agrees that any such refund will not apply to any transaction fees owed by Client under the Agreement.