Billing Agreement, Terms and Conditions
This Agreement describes the legal relationship between you (referred to in this Agreement as “you”, “yours” or “user”) and the operator of the Site (Elite Junior Profiles and its affiliates, referred to in this Agreement as the “Site”, “we”, “us” or “our”) relating to your use of the Site and to any content that you post, upload, or submit to the Site. Please read this document carefully. Participation in the Site is void where prohibited. The Site is not intended for use by anyone who is under the age of eighteen (18) and specifically for children under the age of thirteen (13). By using the Site, you represent that you are age eighteen (18) or over and that you agree to and to abide by all of the terms and conditions of this Agreement.
We reserve the right, at our sole discretion, to change, modify, add, or delete portions of the Agreement at any time without further notice. If we do this, we will post the changes to the Agreement on this page and will indicate at the bottom of this page the date these terms were last revised. Your continued use of the Site after any such changes constitutes your acceptance of the new Agreement. If you do not agree to abide by these or any future Agreement, do not use or access (or continue to use or access) the Site. It is your responsibility to regularly check the Site to determine if there have been changes to the Agreement and to review such changes.
When you register a profile on our Site, you provide us with certain personal information, such as your first name, last name, email address and a username. You may optionally provide us the name of your business contact information (including company name, type of company,) and biographical or area of expertise, if applicable. Registration on our site is also considered an opt-in to receive information and communications from Elite Junior Profiles via the methods of communication you provide us.
Billing and Invoicing General Terms & Conditions
Elite Junior Profiles, LLC (hereinafter “Company” or “Contractor”) is the Company providing the products and/or services. Electronic and email communication are construed as a written notice in all communications by Company. These terms and conditions are referenced in all invoices issued by Company as these terms and conditions govern the invoiced services and the required amount due and payment(s) under the invoice. All payments for products are due in full on the date of issue unless otherwise stated. Company may accept a deposit or provide payment arrangements as a courtesy to Customer but this shall not be construed as a waiver of the full balance due Company. Any payment on an invoice or amount due by Customer shall serve as notice and acknowledgement from Customer to Company that Customer is fully satisfied with the products or services rendered per the invoice and that Company has no further obligation on the services rendered by Company to Customer.
Any and all payments made on an invoice shall be deemed to be full acknowledgement and acceptance of these terms and conditions by the Customer. In general, once payment is made on an invoice there will be no refunds issued as we begin work immediately and often render or deliver the products and/or services immediately or very quickly after payment is made.
Profiles are a digital service and are rendered immediately on an annual subscription. No refunds are provided on any annual subscription payments as the digital product/profile service is delivered immediately for the following twelve (12) months. No exceptions.
Company requires a 60-day written notice of cancellation of any recurring marketing, profile or support service. Recurring products and services are defined as the same product or service being provided for two or more consecutive months. Written notice of cancellation may be emailed or sent to our corporate billing address at 4030 Wake Forest Rd. Suite 300, Raleigh, NC 27609. Company reserves all rights not expressly granted to Customer. Except as authorized in these terms and conditions, Customer shall not sell, rent, lease, sublicense, distribute, transfer, copy, reproduce, display, modify or time share any work product provided or produced by Company to Customer. Company expressly retains and preserves all copyrights on original work product.
Credit Card Authorization | Chargebacks | Declines
You authorize Elite Junior Profiles, LLC (Company) to bill all charges related to products and/or services provided by Company to the credit card provided by you and agree to pay these charges according to the cardholder agreement. You agree that there are no refunds for any reason under the terms and policies stated herein. You hereby irrevocably authorize and instruct the card issuer to deny any chargeback requests relating to this charge authorization at any time and for any reason and agree that fax, digital or electronic transmission of this agreement and/or payment on any invoice is mutually acceptable and legally binding under these terms and conditions and constitutes acknowledgment of these terms and conditions as noted on the associated invoice.
If, at any time after you have placed your order and made a payment for the product/service from our site or over the phone, you subsequently attempt to file a chargeback with your credit card company or your credit card is declined, we reserve the right to have your work removed from the Internet immediately and cease all work in progress. As some of our services are delivered via email or the internet, the client will have access to all files so emailed or hosted in the cloud. In the event of a decline or chargeback being filed where you are still in possession of any of Company’s work product, we may commence any necessary legal action to prevent any unauthorized or unlawful use of our work or work product. All files are to be returned to us immediately and are not to be used by the client at any future stage until the decline or chargeback issue has been resolved and we have been compensated for work performed, products and/or services, or both.
If we receive a decline, chargeback or payment dispute (i.e. PayPal Dispute or Credit Card dispute) from a credit card company or bank, your service and/or project will be suspended without further notice. A $250.00 decline/chargeback fee (issued to recover fees passed on to us by our merchant account and/or back and labor to process), plus any outstanding balances accrued as a result of the chargeback(s) must be paid in full before service is restored, or any further work is done. Instead of issuing a chargeback, contact us to address any billing issues or questions. Requesting a chargeback or opening a dispute for a valid charge from us is a fraud and is never an appropriate or legal means of obtaining a refund. Please read and make sure you fully understand our billing, payment terms and refund policy prior to making a payment. If any arbitration or legal proceeding is brought for the enforcement of these terms and conditions under this Agreement, or because of an alleged breach, default or misrepresentation in connection with any provision of this Agreement, or other dispute concerning this Agreement, the successful or prevailing party shall be entitled to recover reasonable attorney’s fees incurred in connection with such arbitration or legal proceeding. This agreement shall be governed by and construed in accordance with the laws of the state of Florida. Both parties agree to the exclusive jurisdiction and venue of the courts and Hillsborough County, Florida or Wake County, North Carolina.
DISCLAIMER OF WARRANTY
DISCLAIMER. EXCEPT AS EXPRESSLY DESCRIBED IN THIS WARRANTY SECTION, CONTRACTOR MAKES NO WARRANTY OF ANY KIND. CONTRACTOR DISCLAIMS AND EXCLUDES ALL OTHER EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, REPRESENTATIONS, AND CONDITIONS WITH RESPECT TO SERVICES AND DELIVERABLES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, GOOD TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON DURATION OF AN IMPLIED WARRANTY, SO THE ABOVE LIMITATION MAY NOT APPLY TO THE CUSTOMER. CONTRACTOR DOES NOT WARRANT THAT THE SERVICES, ANY WORK PRODUCT OR DELIVERABLE PROVIDED WILL BE WITHOUT DEFECT OR ERROR.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN CONTRACTOR, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES (COLLECTIVELY, “AGENTS”) SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. THE CUSTOMER ASSUMES THE ENTIRE RISK AS TO THE USE AND PERFORMANCE OF THE PRODUCTS AND SERVICES AND THE APPLICATION OF THE DOCUMENTATION IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CORRECTNESS, OR OTHERWISE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, BOTH PARTIES EXPRESSLY WAIVE THE APPLICABILITY OF THE UNIFORM COMMERCIAL CODE AND ANY OTHER STATUTORY COMMERCIAL TERMS.
CONFIDENTIALITY AND NON-DISCLOSURE
Each party agrees to keep in confidence any confidential or proprietary information it receives from the other party. “Confidential Information” means any and all business and technical information provided by or which will be provided or disclosed by Company to Customer concerning Company’s respective interests and activities which the Company deems proprietary and confidential, including but not limited to, Company’s communications and actions with customer (verbal and non-verbal), customers, software technology, software systems, source code, object code, design details, user interfaces, databases, financial information, trade secrets, know-how, algorithms, processing procedures and equipment, standards and specifications, product samples, product development plans, proposed products and services, business plans, business information, customer lists, prices, market and sales information and plans, search engine optimization know-how and methods, market research and analysis, keyword and vertical market research, niche and local search marketing strategies, business plans, internal materials, data, reports, ideas and any non-public information which concerns the Company’s business and operations disclosed in any form or format, including, without limitation, written or other tangible medium, graphic, oral, visual, digital, electronic and/or machine readable or other non-tangible medium (hereinafter “Confidential Information”). Customer agrees that it shall not disclose any of Company’s Confidential Information to third parties, including but not limited to, any public, private or online forum or reviews website. Customer’s payment on an invoice shall be construed as Customer’s acknowledgment and agreement with these terms and conditions of Confidentiality and Non-Disclosure concerning the relationship between Company and Customer and any Confidential Information that Customer may acquire during the course of conducting business with Company. Customer agrees that any breach related to Confidential Information may cause irreparable harm to Company. As a result of such breach, Company shall be permitted to seek injunctive relief to prevent and limit any such harm.
The Customer hereby acknowledges having read these terms and conditions and hereby agrees to be bound by said terms and conditions. Payment on any invoice by Customer shall be deemed as customer’s acknowledgment, understanding and agreement to be bound by these terms and conditions.
ADDRESS FOR ALL WRITTEN NOTICES
Elite Junior Profiles, LLC
4030 Wake Forest Rd. Suite 300
Raleigh, NC 27609
PLEASE NOTE THAT THESE TERMS AND CONDITIONS MAY BE MODIFIED FROM TIME TO TIME AS NEEDED IN THE SOLE DISCRETION OF THE COMPANY.