By checking the box indicating “I agree to the Billing Agreement,” You enter into and agree to be bound by the terms of this Billing and Subscription Agreement (“Agreement”) between You and Quick Client Portal LLC (“QCP”), an Illinois limited liability company. (QCP and You may be collectively referenced herein as the “parties,” or individually as a “party.”)
WHEREAS, You desire to subscribe to QCP’s application, software, and website for verifying and processing your customer’s check payments (“QCP’s Service”);
WHEREAS, QCP desires to allow You to subscribe to QCP’s Service on the terms set forth herein;
NOW, THEREFORE, in consideration of the mutual covenants and promises set forth in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:
(a) Subscription Term. The length of Your Subscription is thirty (30) days.
(b) Renewal. Your Subscription will automatically renew every thirty (30) days until terminated in accordance with section 8 of this Agreement.
(c) Each 30-day period of your subscription term or of any renewal may be referred to herein as a “Subscription Month.”
(d) All refund requests are subject to our posted Refund Policy.
(a) Automatic payment method. You agree to provide QCP with a credit card or other payment information which QCP can use to obtain Your monthly payment at the time of automatic renewal. You agree to provide QCP with all authorizations needed for QCP to obtain the withdrawal of Your monthly payment without further approval from You. You further agree to provide QCP with updated payment information in the event You close the account associated with the initial payment information provided, fail to maintain sufficient funds in such account, or commit such other actions or omissions that prevent QCP from obtaining the monthly payment from such account.
(b) Changes in payment amount. You agree that QCP shall have the right to change the payment amounts set forth in section 4(a) without advanced notice to You.
(a) Termination by You. You may terminate the Agreement, with or without cause, upon written notice provided to QCP no less than seven (7) days’ prior to your automatic renewal date, however the termination shall not become effective until the first automatic renewal date at or following the expiration of seven (7) days following the issuance of the written notice.
(b) Termination by QCP. Except as provided in section 5 of this Agreement, QCP may terminate the Agreement with or without cause, effective immediately upon written notice provided to You.
(c) Notwithstanding the foregoing, QCP does not guarantee network availability between You and any hosting servers, as such availability of Your Subscription can involve third parties and is beyond the control of QCP. QCP will not be liable for, nor provide refunds or credits under this Agreement for any downtime caused in whole or in part by an internet service provider or other third party. If You are unable to access Your Subscription, then You must immediately contact QCP, providing all necessary information that may assist QCP in determining the cause of the outage. QCP will determine in good faith whether the outage is or was within QCP’s reasonable control, and remedy the outage if necessary.
(a) Modifications. QCP reserves the right, at any time, to change any provision of this Agreement, without advanced notice to you. If any such change is unacceptable to you, your sole remedy is to terminate Your Subscription. Your continued use of QCP’s Service following the effective date of a change to the terms and conditions of this Agreement shall constitute your acceptance of such change.
(b) Relationship of the Parties. QCP’s relationship with You is that of a service provider, and nothing in this Agreement is intended to, or should be construed to, create a partnership, agency, joint venture or employment relationship by or between the parties.
(c) Relationship between this Agreement and others between You and QCP. In the event of an express conflict between the terms of this Agreement and the Terms and Conditions of QCP’s Service or any other agreement between You and QCP, this Agreement shall control. However, this provision in no way limits the applicability of any provision of this Agreement or the Terms and Conditions of QCP’s Service or any other agreement between You and QCP, the parties’ rights and obligations under such agreements are in addition to each other.
(d) Governing Law, Venue, Attorney’s Fees. This Agreement shall be subject to and governed by the laws of the State of Illinois without regard to its conflict of law principles. The Parties agree and consent that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to this Agreement, or the relationship between you and QCP, shall be brought exclusively in the courts of the State of Illinois located in Chicago, Illinois. If QCP has to bring any proceeding or cause of action (whether as a claim, a counterclaim, or otherwise) relating to your violation of the terms of this Agreement, or if QCP successfully defends a proceeding or cause of action brought by you based in whole or in part on your violation of the terms of this Agreement, then you will be responsible for paying the reasonable attorney’s fees and other expenses incurred by QCP in instituting and prosecuting, or defending, such proceeding or cause of action.
(e) Compliance with Laws. Both parties agree to comply with all applicable federal, state, and local laws, executive orders and regulations issued, where applicable.
(f) Notice. Any notice given pursuant to this Agreement shall be in writing and shall be given by personal service, e-mail, overnight courier, or by United States certified mail, return receipt requested, postage prepaid to the addresses appearing at the end of this Agreement, or as changed through written notice to the other party. Notice given by personal service shall be deemed effective on the date it is delivered to the addressee, notice given by email shall be deemed effective on the day following the day it is sent, notice given by overnight courier shall be deemed effective on the day following its placement with the overnight courier, and notice mailed shall be deemed effective on the third day following its placement in the mail addressed to the addressee. You agree to be served such notices at the contact information You provided when you registered Your account.
All notices to QCP shall be delivered to: Quick Client Portal LLC Via firstname.lastname@example.org.
(g) No Waiver. The failure of either party at any time to require performance by the other party of any provision of this Agreement shall in no way affect that party’s right to enforce such provisions, nor shall the waiver by either party of any breach of any provision of this Agreement be taken or held to be a waiver of any further breach of the same provision.
(h) Entire Agreement; Amendments; Severability. This Agreement constitutes the complete and exclusive statement of the agreement between the parties relating to the subject matter hereof and supersedes all proposals, oral or written, and all other representations, statements, negotiations and undertakings relating to the subject matter. No waiver, amendment, modification of, or addition to, any provisions of this Agreement shall be binding upon either party unless in writing signed by an authorized representative of such party. In the event any one or more of the provisions of this Agreement shall be held by a court of competent jurisdiction to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall remain in effect and this Agreement shall be read as though the offending provision had not been written.