FastFig Payment Terms
1. Your relationship with FastFig™ and the FastFig™ Payment Service (the “Payment Service”)
1.1 The following Payment Terms apply to all purchases and/or actions made through, or as a result of services through: www.fastfig.com, https://d11ms3y3p0fbtv.cloudfront.net, (the “Website”), and Fig Labs, Inc.
2. Accepting the Payment Terms
2.1 In order to use the Payment Service, you must first agree to these Payment Terms. If you do not agree with any of these terms, do not access or otherwise use the Payment Service, the Website, or any services made available through the Website. Your use of the Payment Service and / or the Website shall be deemed to be your agreement to abide by all of the terms and conditions applicable to your use of the Website, the Payment Service and any other services offered through the Website.
2.2 You can accept these Payment Terms by: (a) clicking “accept” or “agree” to the Payment Terms, where this option is made available to you by FastFig™ in the user interface for any service, including but not limited to the Payment Service; (b) by actually using the Payment Service or the Website; or (c) activating a purchased FastFig product and/or subscription (whether purchased or activated through FastFig or through a third party). You understand and agree that FastFig™ will treat your use of the Payment Service as acceptance of the Payment Terms from that point onwards.
2.3 If you are under the age of eighteen (18), you may use the Payment Service only with the permission and involvement of your parent or guardian. Make sure you review these Payment Terms with your parent or guardian so that you both understand all of your rights and responsibilities.
3. Pricing and Fees
3.1 Our service and subscription fees are posted on our Website and may be changed from time-to-time, without prior notice, by updating the service and subscription fees on our Website. We will not impose any fees retroactively.
3.2 Stated prices for use of the Website and services provided thereby do not include applicable sales taxes, surcharges, fees or other governmental or regulatory charges. We charge applicable federal, state and local sales taxes, surcharges, fees and other governmental charges on all purchases made through the Website, which will be added to our product, service, and subscription fees at the time of billing. The amount of these taxes, surcharges, fees or other charges is subject to change and may vary from time to time and by geographic area. We may also become subject to additional regulatory requirements in the future which may require us to charge other additional amounts.
3.3 Some fees are charged based on volume, such as the FastFig WebWidget Plugin, and may require a pre-paid deposit, authorization to bill the account owner, and/or additional requirements according to Section 5 of these Payment Terms and at our discretion. Pre-paid deposits will be debited as volume rates are counted. Customers may request a refund of any un-used deposit at anytime. Upon initiation of a refund request all FastFig services associated with the refund request will be halted immediately.
3.4 All amounts are payable in US dollars only. You may not transfer your purchases to a third party.
3.5 For certain payment methods, the issuer of your payment method may charge you a foreign transaction fee or related charges. Check with your bank and credit card issuers for details.
4.1 Upon making a purchase we will bill your payment method immediately. We currently accept American Express, Diners Club, Discover, JCB, MasterCard, and Visa.
4.2 When you provide a payment method to us, you confirm that you are permitted to use that payment method. When you fund a transaction, you authorize us (and our designated payment processor) to charge the full amount to the payment method you designate for the transaction. You also authorize us to collect and store that payment method, along with other related transaction information.
4.3 If you pay by credit or debit card, we may obtain a pre-approval from the issuer of the card for an amount, which may be as high as or higher than the full price of your purchase, which may result in a hold on your card for that amount. We will bill your card at the time you load funds for your FastFig™ payments transaction, or shortly thereafter. If you cancel a transaction before completion, the hold on those funds may not be immediately released or otherwise may not be immediately available to you.
4.4 If you fund a payment by debit card and your load transaction results in an overdraft or other fee from your bank, you alone are responsible for that fee.
4.5 In order to prevent financial loss to you or to us, we may place a delay on a payment for a period of time, limit payment methods for a transaction, limit your ability to make a purchase, or deactivate your account.
4.6 If your selected payment method is declined by the issuer of your payment method, we will retry charging your payment method every 2 days, up to 99 times, after the charge is initially declined, unless you have paid the charge in full before the day on which we next retry charging your selected payment method. During this time, any services purchased through the Website may be suspended or inactive.
4.7 If we have charged your selected payment method for a charge that we deem authorized and valid under these Payment Terms and your credit card company or other issuer of the payment method subsequently withholds or revokes such payment to us because the charge has been disputed by you (a “Chargeback”), we reserve the right to suspend your access to the affected services until the Chargeback is reversed or in the case of a billing dispute, the billing dispute is resolved.
5. Subscriptions and Recurring Billing
5.1 By starting a FastFig™ subscription, you are expressly agreeing that we are authorized to charge to your elected payment method a monthly subscription fee at the then current rate, and any other charges you may incur in connection with your use of the FastFig™ service.
5.2 We automatically bill your payment method each month on the calendar day corresponding to the commencement of your paying membership. In the event your paying membership began on a day not contained in a given month, we bill your payment method on the last day of such month. For example, if you started your membership or became a paying member on January 31st, your next payment date is February 28th and your payment method would be billed on that date. If you started your membership or became a payment member on January 8th, you will be billed on the 8th of each successive month.
5.3 You acknowledge that the amount billed each month may vary from month to month for reasons that may include a lapse of promotional offers and/or changing or adding a plan/service/feature/etc., and you authorize us to charge your payment method for such varying amounts, which may be billed monthly in one or more charges.
5.4 Since all services provided by us through our Website are prepaid, membership fees and charges are fully earned upon payment. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS.
5.5 As long as you are a member or have an outstanding balance with us, you agree to at all times provide us with valid credit card information and authorize us to deduct the monthly charges against such credit card and to replace the information for any credit card that expires with information on a different valid credit card.
5.6 Your FastFig™ membership, which may start with a free trial portion, will continue month-to-month unless and until you cancel your membership or we terminate it. You must cancel your membership before it renews each month in order to avoid billing of the next month's membership fees to your payment method.
5.7 Unless otherwise stated differently, “month” or “monthly” refers to your billing cycle.
6. Discounts, Offers and Trial Periods
6.1 Offers, trials and discounts may not be combined with other offers and discounts, nor exchanged, nor redeemed for cash.
6.2 If a free trial period is offered and you do not cancel during the free trial period, you will be billed at the end of the free trial period and at the beginning of each subsequent membership period.
6.3 You will not receive a notice from us that your free trial period has ended or that the paying portion of your membership has begun.
6.4 We may offer a number of membership plans, including special promotional plans or memberships with different limitations. Some of these promotional memberships may be offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. We reserve the right to modify, terminate or otherwise amend our offered membership plans, without any prior notice to you.
7.1 WE MAKE NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY PRODUCTS OR SERVICES SOLD ON OR THROUGH FastFig™.
7.2 We do not warrant that any of the software used and/or licensed in connection with any of our services will be compatible with other third party software nor do we warrant that operation of any of our services and any associated software will not damage or disrupt other software or hardware.
7.3 To the maximum extent permitted by law, the material on this Website and the services offered through the Website (including all content, software, functions, services, materials and information made available herein or accessed by means hereof) are provided as-is, without warranties of any kind, either express or implied, including but not limited to, warranties of merchantability or fitness for a particular purpose.
7.4 To the maximum extent permitted by law, you assume full responsibility and risk of loss resulting from your use of the Website and the services offered through the Website, including but not limited to, any downloads from the Website.
7.5 Under no circumstances shall we or any of our employees or representatives be liable for any indirect, punitive, special or consequential damages even if we or any of our employees or representatives have been advised of the possibility of such damages. Our total liability in any event is limited to the amount, if any, actually paid by you for use of the Website and the services offered through the Website for the one month period ending on the date a claim is made and you hereby release us and our employees and representatives from any and all obligations, liabilities and claims in excess of this limitation.
8.1 By using the Payment Service, you agree that we may communicate with you electronically any important information regarding your purchases or your account, using the email provided to us. We may also provide notices to you by posting them on our Website, or by sending them to an email address or street address that you previously provided to us. Website and email notices shall be considered received by you within 24 hours of the time posted or sent; notices by postal mail shall be considered received by you within three (3) business days of the time sent.
8.2 We may update these Payments Terms at any time without notice as we deem necessary to the full extent permitted by law by posting updated Payment Terms on our Website. The Payments Terms in place at the time you confirm a transaction will govern that transaction.
9. Cancelation of Subscription Services
9.1 We may revoke your eligibility to use FastFig™ at any time at our sole discretion.
9.2 We may cancel any transaction if we believe the transaction violates these Payment Terms, or if we believe doing so may prevent financial loss. We may also cancel any electronic value accumulated, transferred, assigned, or sold as a result of fraudulent or illegal behavior.
9.3 You may cancel your FastFig™ access at any time. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS OR PURCHASED PRODUCTS. To cancel monthly plans, visit our Website and follow the instructions for cancellation.
10. Inquiries and Information Sharing
10.1 By using the Payment Service, you acknowledge and agree that we may make any inquiries that we consider necessary, either directly or through third parties, concerning your identity and creditworthiness.
10.2 In order to prevent financial loss to you or to us, we may contact the issuer of your payment method, law enforcement, or affected third parties (including other users) and share details of any payments you are associated with, if we believe that doing so may prevent financial loss to you or to us or a violation of law.
10.3 Your order constitutes your written authorization for us to obtain your personal and/or business credit report from a credit bureau. We may obtain your credit report when you place an order, or at any time thereafter.
11. Fraudulent or Unauthorized billing
11.1 If you believe that an unauthorized or otherwise problematic transaction has taken place under your account, you agree to notify us immediately, so that we may take action to prevent financial loss. Unless you submit the claim to us within 10 days after the charge, you will have waived, to the fullest extent permitted by law, all claims against us arising out of or otherwise related to the transaction.
11.2 You are responsible for maintaining the security of your account, and you understand that you will be charged for any orders placed on or through your account.
11.3 It is your responsibility to remit any taxes that apply to your transactions. You agree to indemnify and hold us harmless from and against any claim arising out of your failure to do so.
11.4 You are responsible for maintaining the confidentiality of any account name and password provided to you. You are solely responsible for uses of any account provided to you, whether or not authorized by you. You agree to immediately notify us of any unauthorized use of any account of yours.
12. Changes to Service
12.1 We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we operate the Website or any of the services offered through the Website. Any description of how our services work should not be considered a representation or obligation with respect to how the service will always work. We are constantly making adjustments to our services and often these adjustments are not completely captured within these Payment Terms.
12.2 If any change, modification, additional provision or removal of a provision is unacceptable to you, you agree to stop using the Website and any services provided through the Website. If you continue to use the Website or the services provided thereby, you will be conclusively deemed to have accepted the changes.
13. Delinquent Accounts and Billing Changes
13.1 If you purchase services, and your payment method fails or your account is past due, we may take steps to collect past due amounts using other collection mechanisms. You agree to pay all expenses associated with such collection, including reasonable attorneys' fees. Interest will accrue on any past due amounts at the rate of the lesser of 5% per month or the lawful maximum.
13.2 We may change the fees and charges in effect, or add new fees and charges from time to time. If you want to use a different payment method or if there is a change in payment method, such as your credit card validity or expiration date, you may edit your payment method information. If your payment method reaches its expiration date and you do not edit your payment method information or cancel your account, you authorize us to continue billing that payment method and you remain responsible for any uncollected amounts.
14. Additional Terms
14.1 The parties agree that FastFig™ may recover liquidated damages, in lieu of any other damages that may have been recoverable, for certain types of breaches of these Payment Terms, which we refer to as "Abusive Conduct." Liquidated damages shall be made available for specified situations in which proving the actual damages would be difficult or impossible. The liquidated damages shall be set at a reasonable pre-estimate of the damages that would be incurred as a result of the particular type of breach.
14.2 Refunds may be offered at our discretion and the issuance of a refund in one situation does not imply that a refund will be issued for similar situations in the future.
14.3 We are not liable or responsible for any fees or charges for products or services offered by third parties through, or for use on, your mobile devices, phones, computers or other equipment. If an unauthorized or disputed charge for a third party product or service appears on your credit card or other billing or financial statement or invoice, you should contact that third party directly to resolve the billing issue.
14.4 Some countries may restrict or prohibit your ability to make payments through FastFig™. Nothing in these Payment Terms should be read to override or circumvent any such foreign laws.
14.5 These Payment Terms were written in English (US). To the extent any translated version of these terms conflicts with the English (US) version, the English (US) version controls.
This document was last updated 13 August 2013.