MSPComplete Subscription Agreement
Last Updated: May 16, 2018
Your purchase of a Subscription is subject to the following Service Terms describing the Terms and Conditions for your Subscriptions. Terms used in these Service Terms with their initial letters capitalized will have the same meanings given them in the MSPComplete Access Agreement at https://www.bittitan.com/legal/mspcomplete-access-agreement (the “Agreement”) unless otherwise defined. The terms herein supplement the Agreement and do not modify the Agreement except as expressly set forth below as overriding or modifying a term of the Agreement.
Section 1. Subscription Terms
1.1 Subscription Billing.
(a) Automatic Renewal. If You are purchasing a Subscription, You will pay Your first Subscription Fees for each Subscription at the time that You purchase the Subscription. Thereafter, You hereby authorize BitTitan to charge the Subscription Fee for each Subscription to the payment card or other payment method You provide on or about the 5th day following the annual renewal of the Subscription Period applicable to the Subscription. If the payment card or other payment method You provide is expired or otherwise cannot be charged, BitTitan may suspend or terminate all of the Subscriptions that cannot be paid for until You provide a valid payment card or other payment method. Your Subscription Fee charges for each Subscription will continue each year unless and until You terminate the Subscription in accordance with Section 3.3(b) of the Agreement.
(b) Adding Subscriptions. If You add Subscriptions at any time, the Subscription Periods for each of those Subscriptions will begin on the date of purchase, at which time You will be charged the applicable Subscription Fees, and Your payment card or other payment method will be charged annually thereafter for those Subscriptions, as described above.
1.2 Non-renewal, Suspension or Termination; Refunds.
(a) Non-renewal. You may elect to not renew any of Your Subscriptions by visiting the Subscriptions page of your MSPC Account, selecting the applicable Subscription and clicking the “Disable Renew” button. You must elect to “Disable Renew” a Subscription at least thirty (30) days prior to the end of the then current Subscription Period.
(b) Subscription Fees on Suspension or Termination. In the event BitTitan suspends or terminates You from accessing or using any Services pursuant to the Agreement, You will not be eligible for any refund. If BitTitan suspends You from accessing or using any Services pursuant to the Agreement You will not be responsible for any future Subscription Fees incurred in an automatic renewal that occurs during the suspension..
(c) Refunds. Within 15 days of Your purchase of a Subscription, You may request a refund of, and BitTitan will refund to You, the Subscription Fees you paid for any unused Subscriptions that You purchased from BitTitan. If You have used any Services under a Subscription, You are not eligible for a refund. If You purchased your Subscription from a BitTitan authorized distributor or other third party, You must work with the distributor or third party regarding any returns. BitTitan will not refund Subscriptions purchased from distributors or third parties. Any returns for failure of the Subscription or Subscription Services to perform as expected will be covered under Section 9.2 of the Agreement.
Section 2. Invoiced Billing Terms
2.1 Availability. Notwithstanding anything to the contrary in Section 4 of the Agreement, subject to BitTitan’s net terms policy, You may request through your MSPC Account to purchase Subscriptions from BitTitan on net terms. Upon Your receipt of a written approval from BitTitan (which may be via email), You may purchase Subscriptions on net terms and pay the applicable Subscription Fees in accordance with this Section 2.
2.2 Payment. BitTitan will issue invoices for Subscription Fees for each Subscription you purchase within fifteen (15) days after the date of your Order. Thereafter, BitTitan will issue invoices for the Subscription Fees for each Subscription you purchase within fifteen (15) days after the annual renewal of the Subscription Period for the Subscription. Your Subscription Fee invoices for each Subscription will continue each year unless and until You elect not to renew the Subscription as described in Section 1.2(a) above. You will pay each of BitTitan’s invoices within thirty (30) days after Your receipt of the invoice.
2.3 General. You will make all payments at the address or account for BitTitan set forth on the applicable invoice. All Subscription Fees payable under this Agreement are denominated in United States Dollars or other acceptable currency identified by BitTitan based on Your “Ship To” address. You will pay all such Subscription Fees in lawful currency of the United States or other acceptable currency identified by BitTitan based on Your “Ship To” address.
2.4 Interest. Any Subscription Fees not paid when due will bear interest at the rate of one and one-half percent (1.5%) per month or the maximum rate permitted by applicable usury law, whichever is less, computed and compounded daily from the date due until the date paid. Further, in the event of any action by BitTitan to collect any amount not paid when due, You will pay or reimburse BitTitan’s costs of collection (including, without limitation, any attorneys’ fees and court costs). BitTitan may accept any check or payment in any amount without prejudice to BitTitan’s right to recover the balance of the amount due or to pursue any other right or remedy. No endorsement or statement on any check or payment or in any letter accompanying a check or payment or elsewhere will be construed as an accord or satisfaction.
If You purchased a Subscription from a BitTitan authorized distributor, You may use the coupon code You received from the distributor at checkout and the foregoing payment terms will not apply to you. Subscriptions purchased from a BitTitan authorized distributor are valid for only one (1) year and do not automatically renew. You must contact Your distributor to purchase a new Subscription, or purchase a new Subscription through your MSPC Account, in order to continue your Subscription.