We (the folks at RykeLabs, inc dba ChargeOver) run a recurring invoicing service called ChargeOver.com and would love for you to use it. Our service is paid with a free trial. Our service is designed to make billing your customers and managing their accounts as simple as possible. However, be responsible in the way you use of our service. In particular, make sure that none of the prohibited items listed below appear or are processed with our service or get linked to from our site (things like spam, viruses, or hate content).
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site or service, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by ChargeOver, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
Your ChargeOver.com Account and Site. You must immediately notify ChargeOver of any unauthorized uses of your account or any other breaches of security. ChargeOver will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
Without limiting any of those representations or warranties, ChargeOver has the right (though not the obligation) to, in RykeLabs’ sole discretion (i) refuse or remove any content that, in RykeLabs’ reasonable opinion, violates any ChargeOver policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in RykeLabs’ sole discretion. ChargeOver will have no obligation to provide a refund of any amounts previously paid.
Payment and Renewal
General Terms. Paid services available on the Website. By selecting a serivce plan you agree to pay ChargeOver the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for a plan and will cover the use of that service for a monthly or annual subscription period as indicated. Fees are not refundable.
Automatic Renewal. Unless you notify ChargeOver before the end of the applicable subscription period that you want to cancel a plan, your plan subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such service (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Services without contracts or required comittment terms can be canceled at any time in the account section of your site’s dashboard.
Termination. ChargeOver may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your ChargeOver.com account (if you have one), you must inform the ChargeOver support team so that we may terminate your account and billing agreement. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties. The Website is provided “as is”. ChargeOver and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither ChargeOver nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
Limitation of Liability. In no event will ChargeOver, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to ChargeOver under this agreement during the twelve (12) month period prior to the cause of action. ChargeOver shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
Indemnification. You agree to indemnify and hold harmless ChargeOver, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
Miscellaneous. This Agreement constitutes the entire agreement between ChargeOver and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of ChargeOver, or by the posting by ChargeOver of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Minnesota, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Hennepin County, Minnesota. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Minneapolis, Minnesota, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; ChargeOver may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.