A EULA is a contract between Mystudentbase.com and the End User (you, as the customer). This agreement outlines how the Software as a service (SaaS) can and cannot be used. Read Mystudentbase.com’s EULA.
MYSTUDENTBASE.COM. END USER LICENSE AGREEMENT ("EULA")
SOFTWARE LICENSE AGREEMENT
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE USING THE SOFTWARE. BY USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THE SOFTWARE.
SUBSCRIPTION AGREEMENT
WHEREAS, Mystudentbase.com develops, maintains, and licenses access to, a web-based martial arts academy management and email marketing software service for martial arts school owners;
Services Provided. All services provided must be used by Customer in compliance with the Mystudentbase.com Terms of Service / EULA.
WHEREAS, Customer wishes to use the mystudentbase.com application and obtain such related services, and Mystudentbase.com desires to provide such services to Customer; and NOW, THEREFORE, in consideration of the foregoing and the mutual covenants and agreements contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:
ARTICLE I. DEFINITIONS
1.1 Definitions. For purposes of this Agreement, the definitions set forth below shall be applicable:
"Authorized User" means an individual who is an employee or contractor of Customer who is acting within the scope of a formal employment or agency relationship and who agrees to be bound by the terms of this Agreement.
"Front End Code" means the user interface display and usability platform. This includes but is not limited to the layout, color scheme, HTML pages and source code etc.
"Back End Code" means the mystudentbase.com application specific source code. This includes but is not limited to the database schema, field definitions, table relationships, marketing automation, work flow management, application methodology and interface coding etc.
ARTICLE II.
OWNERSHIP AND USE
2.1 GRANT OF LICENSE. SUBJECT TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, MYSTUDENTBASE.COM HEREBY GRANTS TO CUSTOMER AND CUSTOMER HEREBY ACCEPTS A NONEXCLUSIVE, NONTRANSFERABLE LICENSE TO ESTABLISH ONLINE ACCESS TO THE MYSTUDENTBASE.COM APPLICATION SOFTWARE SERVICE TO PERFORM CONTACT MANAGEMENT, AUTOMATED MARKETING, LEAD TRACKING, STUDENT MANAGEMENT AND OTHER RELATED BUSINESS FUNCTIONS AS THE SOFTWARE IS DESIGNED TO PERFORM.
2.2 Title. Mystudentbase.com shall retain all right, title, and interest (including all copyrights, patents, service marks, trademarks and other intellectual property rights) in and to the mystudentbase.com / StudentBase application, including any and all updates, enhancements, customizations, revisions, modifications, future releases and any other changes thereto, and all related information, material and documentation, etc. Except for the license granted pursuant to this Agreement, Customer shall not acquire any interest in the Mystudentbase.com application Software or any other services or materials, or any copies or portions thereof, provided by Mystudentbase.com pursuant to this Agreement.
2.3 Customer Ownership of prospect, customer and employee Data. Any Company-specific Data provided to Mystudentbase.com hereunder, either in hard copy or electronic format is and shall remain Customer's property.
2.4 Mystudentbase.com intellectual property ownership and restrictions to product use. Mystudentbase.com shall retain all rights to proprietary application development, business and technical methodologies, implementation, business processes and all other aspects of Mystudentbase.com business, application(s) and services. Under no circumstances, will the Customer be permitted to use any Front or Back End Code to their advantage (or) the advantage of their partner company's (or) potential partner company's outside of the intended design and implementation for which the original service subscription agreement was executed. The technology and business methodologies are proprietary and the sole property of Mystudentbase.com. Any technology or business replication of any aspect of the application or services provided used for the gain of the Customer or above mentioned business partners or for the use of any level of a competitive nature regarding these proprietary elements is strictly prohibited.
ARTICLE III.
FEES
3.1 Fees. In consideration of the license granted pursuant to Section 2.1, and for the Services, Customer shall pay Mystudentbase.com the fees as specified on the Customer's original Subscription Agreement (the "Fees"). Mystudentbase.com shall invoice Customer for the Licensing, Setup, and Implementation Fees immediately upon execution of this Agreement. These fees shall be paid at the execution of this agreement. Thereafter, Mystudentbase.com shall invoice Customer on a pre-paid monthly basis for monthly membership charges. All charges for Fees shall be due and payable to Mystudentbase.com within ten-days (10) of the date of each invoice. Any charges not paid when due are subject to interest at a rate equal to the lesser of: (i) one and one-half percent (1.5%) per month; or (ii) the maximum interest rate allowed by applicable law.
ARTICLE IV.
CONFIDENTIALITY
4.1 Confidentiality. Each party agrees that the company associated Data (referred to herein as the "Customer Confidential Information") and any and all materials, documentation and information pertaining to the mystudentbase.com application Software and the Services (referred to herein collectively as the "Mystudentbase.com Confidential Information") is the confidential property of Customer and Mystudentbase.com, respectively (Customer Confidential Information and Mystudentbase.com Confidential Information referred to hereinafter collectively as the "Confidential Information"). The party receiving the Confidential Information, including such party's employees, officers, directors and agents, (collectively, the "Receiving Party") shall hold in confidence all Confidential Information and shall not disclose or distribute Confidential Information, or any portion thereof, in any form or format to any person except on a strict "need to know" basis for the purpose of performance of this Agreement, or as required by valid legal process. Customer agrees it shall not copy, alter, decompile, disassemble, reverse engineer, or otherwise modify (except with Mystudentbase.com's prior written consent) or directly or indirectly disclose any Mystudentbase.com Confidential Information. Confidential Information under this Section 4 shall not include information that: (i) is or has become publicly available without restriction through no fault of the Receiving Party; or (ii) has been received without restriction from a third party lawfully in possession of such information. The look and feel of the Service is copyright © 2016 Mystudentbase.com, LLC. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts without express written permission from Mystudentbase.com.
4.2 Cardholder Data Retention Policy. Customer agrees that all credit card information will be stored the minimum amount of time according to that which is required for business, legal, and/or regulatory purposes.
ARTICLE V.
TERM & TERMINATION
5.1 Term. The term of this Agreement begins on the Effective Date and shall continue indefinitely unless terminated as provided for below.
5.2 Termination Without Cause. Either party may terminate this Agreement by providing 30 days written notice to the other party.
5.3 Fees, Return of Data. In the event of termination or expiration of this Agreement, all Fees due and payable to Mystudentbase.com must be paid in full. At Mystudentbase.com's election, upon its receipt of all such Fees, or after notice of intent to terminate has been received by from the Customer by Mystudentbase.com, Mystudentbase.com will make all company Data available for a period of 30 days and then remove Customer from the application.
5.4 Standard Marketing. Mystudentbase.com reserves the right to use Customer name and credentials in an appropriate and acceptable manner for standard marketing promotions. Acceptable and standard marketing promotions include but are not limited to: Client listings, press releases, surveys, interviews, reputable business publications, television and web site presentation and promotion etc.
ARTICLE VI.
WARRANTIES/LIMITATION OF LIABILITY/INDEMNITY
6.1 DISCLAIMER OF WARRANTIES. THIS AGREEMENT IS AN AGREEMENT FOR SERVICES. NOTWITHSTANDING THE FOREGOING, MYSTUDENTBASE.COM SPECIFICALLY DISCLAIMS ALL WARRANTIES WITH REGARD TO THE STUDENTBASE (MYSTUDENTBASE.COM) APPLICATION SOFTWARE AND SERVICES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, NO INFRINGEMENT, UNINTERRUPTED SERVICE OR FITNESS FOR A PARTICULAR PURPOSE.
6.2 LIMITATION OF LIABILITY. NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF DATA, LOSS OF BUSINESS OR OTHER LOSS ARISING OUT OF OR RESULTING FROM THIS AGREEMENT EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING SHALL APPLY REGARDLESS OF THE NEGLIGENCE OR OTHER FAULT OF THE PARTY AND REGARDLESS OF WHETHER SUCH LIABILITY SOUNDS IN CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER THEORY OF LEGAL LIABILITY. Notwithstanding the foregoing, in no event shall Mystudentbase.com's cumulative liability under this Agreement exceed the amount actually paid by Customer to Mystudentbase.com in the immediately preceding six (6) month period.
6.3 Customer Warranty. Customer represents and warrants that it shall, at all times, comply with, and shall remain solely responsible for compliance with, all applicable Federal, State and Local laws and regulations. Customer shall indemnify and hold Mystudentbase.com harmless from and against any and all damages, costs, losses, claims, causes of action and lawsuits and expenses, including reasonable attorneys' fees, relating to breach of the aforementioned representation and warranty. Customer represents and warrants that it shall fully comply with the Mystudentbase.com Acceptable Use Policy, which is incorporated herein by reference.
ARTICLE VII.
GENERAL PROVISIONS
7.1 ASSIGNMENT OF AGREEMENT. CUSTOMER SHALL NOT ASSIGN ITS RIGHTS OR DUTIES UNDER THIS AGREEMENT WITHOUT THE PRIOR WRITTEN CONSENT OF Mystudentbase.com. THIS AGREEMENT SHALL INURE TO THE BENEFIT OF THE AUTHORIZED SUCCESSORS AND ASSIGNS OF THE PARTIES.
7.2 Independent Contractor. Mystudentbase.com is an independent contractor, and this Agreement does not in any way create the relationship of principal and agent, franchisee, joint venture, or partnership between the parties. Neither party shall be liable for any debts or obligations of the other.
7.3 Entire Agreement; Precedence. This Agreement and Exhibit(s) (which may be attached hereto and incorporated herein by reference) contain the entire understanding between the parties and supersede any prior verbal or written agreement between the parties with respect to the subject matter hereof. No amendment or modification of the Agreement shall be valid, unless made in writing and signed by both parties hereto. In the event of any inconsistency or conflict between the terms and conditions of this Agreement and any term or condition of any Exhibit hereto, the terms and conditions of this Agreement shall, in all instances, govern and control.
7.4 Governing Law. This Agreement shall be governed by the laws of the State of Illinois without giving effect to conflict of laws principles.
7.5 Arbitration. Any and all disputes, controversies and claims arising out of or relating to this Agreement or concerning the respective rights or obligations of the parties hereto shall be settled and determined by arbitration before a panel of one (1) arbitrator pursuant to the Commercial Rules of the American Arbitration Association then in effect. The foregoing notwithstanding, each party shall have no more than three (3) days to present its case to the arbitrator. Judgment upon the award rendered may be entered in any court having jurisdiction or application may be made to such court for a judicial acceptance of the award and an order of enforcement. The parties agree that the arbitrators shall have the power to award damages, injunctive relief and reasonable attorneys' fees and expenses to any prevailing party in such arbitration.
7.6 Force Majeure. Neither party hereto shall be in default hereunder by reason of its delay or failure to perform any of its obligations hereunder for any event, circumstance, or cause beyond its control such as, but not limited to, acts of God, strikes, lock-outs, general governmental orders or restrictions, war, threat of war, hostilities, revolution, acts of terrorism, riots, epidemics, fire, earthquake, or flood. The performance of this Agreement shall then be suspended for as long as any such event shall prevent the affected party from performing its obligations under this Agreement.
7.7 Invalidity; Waivers. If any provision or portion of this Agreement is held invalid, illegal, void or unenforceable as it appears in this Agreement by reason of any rule of law, administrative or judicial provision or public policy, then such provision shall be construed as being enforceable to the extent such rule of law, administrative or judicial provision or public policy allows. All other provisions of this Agreement shall nevertheless remain in full force and effect. Neither of the parties shall be deemed to have waived any of its rights, powers or remedies hereunder unless the waiving party expresses such a waiver in writing.
7.8 Survival of Terms. Notwithstanding the expiration or earlier termination of this Agreement for any reason, the provisions of Articles 4, 6, 7 and Sections 2.2 and 2.3 of this Agreement shall remain in full force and effect.
7.9 HEADINGS; COUNTERPARTS. PARAGRAPH HEADINGS USED HEREIN ARE FOR CONVENIENCE PURPOSES ONLY AND ARE NOT INTENDED TO BE, NOR SHALL THEY BE, USED AS AN AID IN INTERPRETATION. THIS AGREEMENT MAY BE SIGNED IN COUNTERPARTS.
ARTICLE VIII.
ACCEPTABLE USE POLICY ("AUP")
8.1 All products and services provided by Mystudentbase.com may be used for lawful purposes only. Transmission or storage of any information, data or material in violation of any United States Federal, State or local laws is strictly prohibited. Customer agrees to indemnify and hold harmless Mystudentbase.com from any claims resulting from Customer's use of the service which damages Customer or any other parties, including attorney's fees. Customer agrees to use Mystudentbase.com's services in a manner that is legal, appropriate and in conformity with industry standards and to respect the privacy of consumers.
8.2 Mystudentbase.com will not be liable for any interruptions in service or other monetary loss related to enforcement of the Mystudentbase.com Terms of Service (TOS), including this Acceptable Use Policy.
8.3 Customer Obligations. More specifically, Customer agrees to abide by Mystudentbase.com's requirements governing the use of the various components of the services, as described below:
8.4 Reservation of Rights. Mystudentbase.com reserves the right to terminate Customer's account for any violation of the Mystudentbase.com Terms of Service.
8.5 Questionable Practices ("Inappropriate Use") - Mystudentbase.com may terminate Customer's account if Customer engages in any practice that is, in Mystudentbase.com's sole discretion, objectionable, unlawful, obscene, pornographic, threatening, abusive, libelous or hateful, or that encourages conduct which would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law.
8.6 Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis. Technical support is only provided to paying account holders and is available via phone by calling (310) 857-6828 or via email at support at mystudentbase dot com.
ARTICLE IX.
EMAIL AND UNSOLICITED COMMERCIAL EMAIL (SPAM)
9.1 You must not upload, post, host, or transmit unsolicited email, or “spam” messages. Don’t Spam. We don’t tolerate Spammers, so please make sure you have permission to email your contacts. Mystudentbase.com strictly prohibits any involvement in Unsolicited Commercial E-mail campaigns (UCE, more commonly called "Spam"). Mystudentbase.com maintains a Zero-Tolerance policy against Spam, whether direct, indirect or through any affiliate or agent acting on the Customer's behalf.
9.2 As determined by Mystudentbase.com's sole discretion, Customer shall have proof that all individuals in the Customer's database have opted in or otherwise agreed to receive communications from Customer. All lists used in conjunction with the services provided by Mystudentbase.com are required to be 100% solicited (opt-in) lists. This means that the individuals on the list have agreed to receive information from your business entity. The practice of bartering, purchasing or renting lists of names and sending e-mails to those people is strictly prohibited.
9.3 Furthermore, in accordance with CAN-SPAM legislation, all e-mail messages sent using Mystudentbase.com's services must have an opt-out link, must include a valid physical address of the sender and must contain a clear subject line that does not mislead the recipient as to the contents of the e-mail. Customers are advised to consult their own attorney to ensure compliance with all Federal, State and local laws.
9.4 The complaint rate ("feedback rate") may not exceed the accepted industry standard at the time of transmission. Failure to comply will result in penalties and restrictions as defined under Violations and Penalties, below. As of this writing, the industry standard for complaint rates is less than .1% (1/1000). It is Customer's sole responsibility to maintain under the then-current industry standard.
9.5 Customer must publish, enforce and abide by a privacy policy which protects its customers' personal information in its possession or under its control. Such privacy policy at a minimum must be as stringent as Mystudentbase.com's Privacy Policy. In particular, Customer agrees that it will not sell, loan or in any way pledge or hypothecate the personal information of its customers to any other person or entity by way of joint venture or any other agreement.
ARTICLE X.
VIOLATIONS AND PENALTIES
10.1 Violations and Penalties - Customers who fail to comply with the terms of the Mystudentbase.com Terms of Service will be subject to the following penalties, including, but not limited to, immediate termination of service.
10.2 Complaints - A $250 investigation fee may be assessed to Customer's account for each complaint of unauthorized communication that Mystudentbase.com receives involving a Customer's account. This non-refundable fee goes toward confirming complaints either digitally or verbally between sources of complaints. "Complaints" may include, but is not limited to individual reports e-mailed to abuse at mystudentbase dot com, third-party ISP complaint notifications, notification from anti-spam organizations such as "SpamCop" and internal heuristic research performed.
10.3 Notice and Communication of Complaints - Upon receiving a complaint, Mystudentbase.com will notify Customer of said complaint and investigate the validity of the complaint. If Customer does not take immediate remedial action to rectify the situation, Mystudentbase.com reserves the right to suspend and or terminate Customer's service until Customer has resolved the situation to Mystudentbase.com's satisfaction, at Mystudentbase.com's sole discretion.
10.4 "Customer Notification" -- Mystudentbase.com will make a reasonable effort to contact Customer in the form of e-mail, telephone and login notification within the Mystudentbase.com Application; sourced from information currently on file.
10.5 Confirmed Violations, Unsolicited E-Mail - A $250 non-refundable investigation fee will apply per complaint in the event Mystudentbase.com determines that Customer sent an unsolicited communication to a recipient who did not agree to receive communications from Customer. In the event of multiple complaints, Mystudentbase.com services may be suspended in order to maintain integrity of services provided. Services can only be reinstated by meeting the criteria as determined by Mystudentbase.com to minimize and address complaints.
10.6 Confirmed Violations, Complaint Rate, Reactivation Fee - In the event complaint rates exceed industry standards, Mystudentbase.com will immediately suspend e-mail services and notify Customer via e-mail and/or telephone. A $200 "Service Reactivation Fee" will be applied toward the Customer's account for investigation resources spent toward identifying and addressing high complaint rates.
10.7 Excessive, Widespread and/or Repeated Violations - In accordance with Mystudentbase.com's Zero-Tolerance No-Spam Policy, Mystudentbase.com will immediately terminate the account of any Customer found to be involved in a non-compliant marketing campaign or other widespread or repeated violation of the Mystudentbase.com Terms of Service. All data contained in Customer's account will be permanently removed. Customer will be held accountable for any monetary damages suffered by Mystudentbase.com, due to Customer's actions or inactions. Such monetary damages may include, but are not limited to, loss of Web services, regulatory penalties (e.g., FTC) and punitive damages related to lost clients and revenues due to said violation. The determination of what constitutes an "excessive, widespread and/or repeated violation" of this policy will be determined by Mystudentbase.com
ARTICLE XI.
GENERAL TERMS
11.1 You must not transmit any worms, viruses or code of a destructive nature. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Mystudentbase.com, or any other Mystudentbase.com service. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Mystudentbase.com.
11.2 You must be a human and 13 years or older to use this Service. Accounts registered by “bots” or other automated methods are not permitted. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
11.3 Your login may only be used by one person – a single login shared by multiple school owners is not permitted. One person, school, academy or other entity may not maintain more than one free account.
11.4 You are responsible for maintaining the security of your account and password. Mystudentbase.com cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
11.5 You are responsible for all Content posted and activity that occurs under your account.
11.6 You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
11.7 You understand that Mystudentbase.com uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service. You understand that the technical processing and transmission of the Service, including your Content, may be transfered unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
11.8 Mystudentbase.com does not pre-screen Content, but Mystudentbase.com and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
ARTICLE XII
BILLING POLICIES
Mystudentbase.com has adopted a billing policy all customers must comply with. Usage of Mystudentbase.com services/products constitutes customer’s acceptance of this billing policy.
12.1 All recurring charges are automatically generated, invoiced, and charged to the credit card on file according to contractual agreement. This includes monthly, quarterly and annual charges. Charges are based on availability of products and services, not usage.
12.2 Invoice and payment receipts are available to customers upon request.
12.3 - Billing Period - Billing periods begin upon invoicing. In other words, customers are billed for 30 days of service following the invoice date. Each customer is committed to the remaining term of the billing period and no refunds will be given. Customers are not required to use products or services during the period. Customers are free to close accounts at any time without any termination charges or fees. In event of cancellation, Mystudentbase.com will not pro-rate any return for unused service and all outstanding invoices must be paid in full. For example, if a customer has an account paid monthly and decides to close it a few days after the last invoice, no refund will be issued, whether in full or pro-rated. By using Mystudentbase.com products and services, each customer understands and agrees to this billing period and understands that while no refund will be issued, customers are always free to keep accounts open for access for the full amount of time billed.
12.4 Billing Disputes - As a current or prior customer of Mystudentbase.com, each customer agrees to provide Mystudentbase.com 30 days to attempt settlement of any billing dispute before disputing with any third-party credit card company or bank. Mystudentbase.com must be the first option in billing disputes. Should Mystudentbase.com receive a chargeback or other reversed charge from a third-party credit card company or bank on the customer’s behalf before Mystudentbase.com has been given a chance to resolve the issue, Mystudentbase.com has the right to collect on the rendered services and any fees associated with those disputes. Mystudentbase.com charges a $50.00 Chargeback Fee per chargeback should a credit card company be used as a first resort in a billing dispute.
Not all billing disputes may be settled to a customer’s satisfaction. Once Mystudentbase.com has been given first right to settle a billing dispute, a customer may then use any thirdparty credit card company or bank in an attempt to settle the dispute. However, Mystudentbase.com still retains the right to collect on any rendered services or fees that are due. Should Mystudentbase.com be unable to reverse any disputed amounts with a third-party credit card company or bank, Mystudentbase.com will submit the full delinquent amount to a collection agency for collections.
12.5 - Payment Methods -
Customers are required to keep a valid debit or credit card on file to be charged for recurring monthly subscription fees. Mystudentbase.com currently accepts American Express, MasterCard, Discover, and Visa credit cards. Payment by check is only accepted for prepayment of six months subscription services or as a final payment to close the account. Payment by check is on a per customer basis and must be agreed to by Mystudentbase.com. Checks must be paid in US dollars and issued from a US bank. All International clients must pay by credit card. Mystudentbase.com does not accept international checks. Customers are responsible for keeping all credit card information current. All changes must be communicated to Mystudentbase.com including changes to credit card type and expiration date, as well as a current e-mail address.
12.6 - Billing Cycle - Credit Card Billing: All credit cards are automatically charged on the customer’s specific billing cycle date. If the credit card is declined, Mystudentbase.com will attempt to charge the card on file for 30 days.
Late Fee: All accounts more than 30 days past due will be assessed a late fee. Three attempts to contact the customer will be made before any late fee is assessed.
Disabled: All accounts 60 days past due will be disabled until balances are paid in full. When disabled, all access will be suspended and data will be unavailable.
Collections: After an account is delinquent 90 days, it will be deactivated. Once deactivated, the customer will not be able to recover any files, lists or data. The account record and delinquent balance is then passed on to a third-party collection agency.
12.7 Fees
Late Fee: Mystudentbase.com charges a $15.00 late fee for accounts 30 days past due.
Chargebacks: If a customer initiates a chargeback, either by mistake or fraudulently, Mystudentbase.com will assess a $50.00 processing fee for each individual chargeback. Once a chargeback has been received, Mystudentbase.com will immediately suspend the account until the matter is resolved. If a chargeback against Mystudentbase.com is performed by a customer to avoid payment (fraudulent chargeback), we will assess the $50.00 fee and add it to the account total. This will then be turned over to a third-party collections service.
Returned Checks: Mystudentbase.com charges a $50.00 processing fee on all returned checks.
Collections Fee: In the event an account is submitted to a third-party collections service, a $15.00 processing fee will be assessed to the existing account balance along with 33% of the outstanding balance, applicable court costs and attorneys fees. This fee is in addition to any other fees previously assessed on the account.
12.8 Cancellations
Due to security concerns (such as fraudulent cancellations) all account cancellations must be done in writing through a Mystudentbase.com representative. Email requests will constitute acceptance of cancellation, provided it matches the email originally used to sign up. Each customer will receive an email confirmation upon the cancellation of the account. Customers are encouraged to keep records of all cancellation communication. Cancellations will take effect on the last day of the billing period in which the cancellation request was received.
Closing an account with Mystudentbase.com cannot be done by simply canceling the credit card Mystudentbase.com has on file. Mystudentbase.com will continue to treat this as an open account and send it through its billing cycle. The end result is a past due account that will be turned over to a third-party collection service. It is imperative that account cancellation is done by contacting an Mystudentbase.com representative to ensure account closure.
Cancellation of an account does not necessarily close that account. Any account balance past due or delinquent must be settled before closing of an account is possible. All cancelled accounts with an outstanding balance may be automatically turned over to a third-party collections service.
All accounts require a credit card to open and come with a 30-day free trial. All customers' credit cards are automatically charged without prior notice at the end of the 30-day free trial period unless cancellation is received by Mystudentbase.com prior to that date. If a customer wishes to cancel during this time period, he or she may do so without any charge incurred, however, Mystudentbase.com must receive notice of cancellation from the customer prior to the expiration date of the 30-day time period or the credit card on file with Mystudentbase.com will be billed. No refunds will be issued in the event a customer passes their 30-day free trial period is billed and does not cancel in time - whether or not they have used the software. It is each customer's responsibility to keep track of the 30-day free trial period to avoid being charged.
ARTICLE XII.
COPYRIGHT AND CONTENT OWNERSHIP
All content posted on the Service must comply with U.S. copyright law. We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours.
Mystudentbase.com does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
You expressly understand and agree that Mystudentbase.com shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Mystudentbase.com has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
The failure of Mystudentbase.com to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Mystudentbase.com and govern your use of the Service, superceding any prior agreements between you and Mystudentbase.com (including, but not limited to, any prior versions of the Terms of Service).
FAILURE TO AGREE AND COMPLY WILL RESULT IN IMMEDIATE TERMINATION OF SERVICES.
Questions about the Terms of Service should be sent to support@mystudentbase.com