TERMS AND CONDITIONS

1.2 : The fees for the ClientSwing Service and any additional Professional Services (“Fees”) are set forth in the Subscription Agreement and are payable in advance, irrevocable and non-refundable except as set forth in the Subscription Agreement and these Terms. The current pricing available on Our website on the date of renewal will apply to Your renewal subscription period. You are liable for all Fees You owe us under any Subscription Agreement. You acknowledge that failure to pay any Fees due under any account You have with us, or amounts under accounts associated with ClientSwing Payments or another payment processor, is a breach of these Terms, and in such event You acknowledge we have the right to terminate your account or suspend access to the ClientSwing Service or Professional Services associated with any account we have with You or which is under Your control. You agree to provide ClientSwing with complete and accurate billing and contact information for Yourself and Your organization, as applicable, and update such information as necessary. Where payment by credit card is indicated in the Subscription Agreement, or You otherwise provide ClientSwing with credit card information, You represent that You are authorized to use the credit card that You enter and You authorize ClientSwing (or our third party payment processor) to retain Your payment information and to use the stored payment method and information to charge such credit card (a) at the time that You order the ClientSwing Service or other Professional Services set forth in the Subscription Agreement, (b) for any billing frequency otherwise established in the Subscription Agreement, and (c) at the time of any renewal, for the amount of fees owing plus any applicable sales taxes for any renewed Subscription Term. Those credit card payments will be subject to any additional terms presented to you by our third-party credit card payment processor, which will be the merchant of record for that transaction. You acknowledge that the amount billed may vary due to usage levels for services such as contacts, users, fax and voice broadcast services and email overages; promotional offers, changes to Your subscription or changes in applicable taxes or other charges, and You authorize Us (or our third party payment processor) to charge Your payment method for the corresponding amount. ClientSwing reserves the right to verify credit/debit card payments prior to acceptance of Your Order. We also reserve the right to (i) obtain and continue using updated credit card account information electronically, when applicable, from the card brands, (ii) retry failed payments in order to complete transactions, including but not limited to, retrying failed cards with extended expiration dates and, (iii) change or amend authorized third parties to assist with payment processing. If ClientSwing , in its discretion, permits You to make payment using a method other than a credit card, ClientSwing will invoice You at the time of the initial Subscription Agreement and thereafter on a monthly basis in advance of the relevant billing period, and all such amounts invoiced will be due within ten (10) days of Your receipt of ClientSwing invoice. Late payments shall be subject to a service charge of one and one-half percent (1.5%) per month, or the maximum charge permitted by law, whichever is less. ClientSwing reserves the right to revoke permission to use an alternate payment method at any time for any reason. We can set off any obligation You owe us, to the extent permitted by law, against any credit in any account we have with You or under Your control, and You will be liable for the costs we incur to pursue collections against You in order to collect any outstanding Fees, including without limitation attorneys’ and collection agency fees and expenses.