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Due Date: Late Charge; Collection Costs
The
amount due to My Prison Buddy for your Billing Account must be paid in
full by your Payment Method Provider on the date such payment is
requested by My Prison Buddy , not later than 30 days after the billing
date; you are not entitled to carry forward a balance. You agree to pay
late charges that may be assessed by My Prison Buddy on amounts due but
not timely paid. The late charge will be 1% per month (or 12% per
annum) on the total amount due but not paid; but if such rate is in
excess of any allowable rate under applicable laws, then you will
instead be charged the maximum rate that is permitted by law. My Prison
Buddy reserves the right to refer your Billing Account to a third party
for collection in the event of default. You agree to pay all costs
incurred in the enforcement of this Agreement and in collection of any
delinquent amounts due, including reasonable attorneys' fees and costs.
Default
If
My Prison Buddy does not receive payment for any charge to your Billing
Account, you will be in default and My Prison Buddy may suspend or
cancel your Billing Account and your access to any or all My Prison
Buddy Products. If your Payment Method Provider seeks return of
payments previously made to My Prison Buddy , but My Prison Buddy in
good faith believes that you are liable for the charge and applicable
law allows the Payment Method Provider to seek payment from you, you
will also be in default and My Prison Buddy may cancel your Billing
Account and your access to any or all Products. CANCELLATION OR
SUSPENSION FOR DEFAULT MAY BE MADE WITHOUT PRIOR NOTICE TO YOU AND UPON
SUCH CANCELLATION OR SUSPENSION, MY PRISON BUDDY MAY STOP DELIVERY OF
ANY PRODUCT, AND ANY INFORMATION YOU HAVE STORED ON A MY PRISON BUDDY
SERVICE MAY NOT BE RETRIEVED AT A LATER DATE.
Termination, Cancellation or Suspension
My
Prison Buddy may, in its discretion, terminate, cancel, or suspend an
accepted order if My Prison Buddy is notified that your Payment Method
has expired or has been canceled, or if My Prison Buddy has reason to
believe that any Billing Account information provided to My Prison
Buddy is untrue, inaccurate, not current or incomplete. Termination,
cancellation or suspension, whether by you or My Prison Buddy , will
not alter your obligation to pay all charges made to your Billing
Account before such termination, cancellation or suspension (including
charges made after termination by you but before My Prison Buddy could
reasonably act on your termination notice ). You will not be entitled
to any refunds upon termination, cancellation or suspension unless the
applicable agreement expressly so provides.
General
You
represent and warrant that: (1) you are at least 18 years of age or the
age required or allowed under applicable law for making a legal and
binding contract; (2) all information that you submit is true and
accurate (including without limitation information relating to your
Payment Method); and (3) you are an individual (or in the case of an
entity, an agent of the entity) authorized to use the designated
Payment Method. You agree to pay for all charges (including charges by
other persons) and to comply with your responsibilities and obligations
as stated in this Agreement. If you are an agent of an entity user, you
represent and warrant that you are duly authorized to legally bind the
entity to all terms and conditions of this Agreement and that you have
made the entity aware of them. You agree not to assign, transfer or
sublicense any rights in your Billing Account. My Prison Buddy may: (1)
generate print copies of its electronic records and introduce them in
evidence as original documents; and (2) prove your agreement or consent
in any manner, including without limitation, by showing that a
procedure existed by which you must have provided consent or engaged in
conduct to obtain the applicable Products.
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