A. The Services will commence on the date Client’s Services are deployed live on GalaxyLinq servers (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 the Terms of Service. For each billing period, GalaxyLinq will charge the Client’s credit card on each Billing Date for 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.
B. Without limiting GalaxyLinq’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. GalaxyLinq may continue to submit charges on Client’s credit card from time to time until all fees due are paid. GalaxyLinq 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 GalaxyLinq 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 GalaxyLinq 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 GalaxyLinq’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.
Any one-time credit cart charge for GalaxyLinq software, products, and/or consulting services is eligible for a full refund within 30 days after it has been authorized by the online payment gateway. Client must provide details showing and proving that GalaxyLinq has not delivered what was agreed on and documented in the project Scope Of Work which was previously acknowledged and signed by both the Client and by a GalaxyLinq authorized officer.