iSportz Service Agreement
By clicking to accept below, the undersigned customer (“Customer,”) hereby accepts the terms and conditions of this Platform Services Pricing Agreement (this “Agreement”), whereby Customer agrees to purchase the services selected below from iSportz, Inc., a Delaware corporation (“iSportz”). This Agreement adopts and incorporates by reference the iSportz Service General Terms and Conditions attached hereto as Exhibit A (the “Terms and Conditions”) which has been reviewed and hereby accepted by Customer.
This Agreement shall be effective beginning on the date accepted by Customer and will remain in effect until terminated in accordance with Section 4 below. Transactions performed under this Agreement will be conducted in accordance with and be subject to the provisions of this Agreement and the Terms and Conditions. Capitalized terms used but not defined in this Agreement shall have the meanings set out in the Terms and Conditions.
By checking the box below, Customer agrees to subscribe to and purchase the following services (the “Services”) from iSportz in exchange for the below fees (the “Fees”):
2. Payment Terms.
(a) Customer is responsible for paying all sales, use, and excise taxes, and any other similar taxes, duties, and charges of any kind imposed by any federal, state, or local governmental or regulatory authority on any amounts payable by Customer hereunder, other than any taxes imposed on iSportz’ income.
(b) If iSportz presents Customer an invoice for Fees incurred for use of the Platform or for any Service rendered by iSportz, such invoices shall be immediately due and payable upon receipt. On the date that is 30 days following the invoice date, such Fees shall be subject to late fees and interest at a monthly rate of one percent (1%) or such lower amount as may be required by applicable law.
(c) All Fees paid for the Services are non-refundable, regardless of whether Customer actually uses the Services. If Customer registers for a recurring subscription, Customer will continue to be charged for the Services until Customer cancels the Services. Customer may cancel a recurring subscription at any time by emailing support@iSportz.co and including the name and email address associated with Customer’s account. Some cancellations may require Customer to contact the third-party app-store where Customer registered for the recurring subscription. Cancellation of Customer’s subscription will not release Customer from Customer’s responsibility to pay all Fees and other charges incurred prior to cancellation. ISportz reserves the right to issue refunds or credits in its sole discretion. If ISportz issues a refund or credit, it is under no obligation to issue the same or similar refund in the future. All questions and requests related to the Services shall be submitted to info@iSportz.co.
3. ACH Authorization.
Customer hereby authorizes iSportz to electronically debit and credit the below account for all Fees and other charges incurred by Customer or sums payable to Customer in connection with the above Services and other use of the Platform:
Select One: ☐ Checking Account ☐ Savings Account at the depository financial institution named below. Customer agrees that ACH transactions
authorized hereby comply with all applicable law.
Depository Name ______________________________
Routing Number _____________________
Account Number ________________________________________
Name(s) on the Account
The amounts authorized hereby shall be as set forth above with respect to the Fees or as otherwise selected or indicated by Customer or its Authorized Users through the Platform with respect to sums payable to Customer. Transactions may be processed as frequently as set forth above for the respective Fees, or as frequently as otherwise selected or indicated by Customer or its Authorized Users through the Platform with respect to sums payable to Customer.
Customer understands that this authorization will remain in full force and effect until Customer notifies iSportz in writing that Customer wishes to revoke this authorization. Customer understands that iSportz requires at least three (3) days prior to the proposed effective date of the termination of authorization.
4. Term, Termination and Transition.
(a) Term. The term of this Agreement commences upon Customer’s acceptance and shall continue until terminated in accordance with this Section 4 (the “Term”). Termination of this Agreement does not terminate any other Platform Services Pricing Agreement accepted by Customer or the Term and Conditions.
(b) Termination. This Agreement may be terminated as follows:
(i) iSportz may terminate this Agreement, effective on written notice to Customer, if Customer: (ii) fails to pay any amount when due hereunder, and such failure continues more than fifteen (15) days after iSportz’ delivery of written notice thereof; or (iii) breaches any of its obligations under the Terms and Conditions;
(ii) Either party may terminate this Agreement, effective after sixty (60) days from the date of written notice to the other party; or
(iii) Either party may terminate this Agreement, effective immediately upon written notice to the other party, if the other party: (i) becomes insolvent; (ii) files, or has filed against it, a petition for voluntary or involuntary bankruptcy or otherwise becomes subject, voluntarily or involuntarily, to any proceeding under any domestic or foreign bankruptcy or insolvency law; (iii) makes or seeks to make a general assignment for the benefit of its creditors; or (iv) applies for or has appointed a receiver, trustee, custodian, or similar agent appointed by order of any court of competent jurisdiction to take charge of or sell any material portion of its property or business.
(c) Effect of Termination. Upon termination of this Agreement for any reason, (a) Customer agrees to pay all Fees and other charges due and owing under this Agreement prior to the effective date of termination, and (b) Customer’s rights to the Services shall terminate and Customer shall make no further use of the Services whatsoever.
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Customer hereby accepts the terms and conditions of this Agreement as of today’s date.
January 2, 2023