Terms of Service
Read the following terms before deploying a service with us. The following terms of service (``TOS``) will apply to the agreement to provide service between BEST Performance of CA, LLC (``Company``), and the individual or business entity identified on the order form for said services (``Customer``). These terms shall hereinafter be referred to as the ``Agreement`` between the two above mentioned parties.
- Service Rates: Customer acknowledges that they have been made adequately aware of the initial rates and fees associated with services being rendered by the Company and have received a complete description of services to be rendered. Customer also acknowledges that the Company reserves the right to change the specified rates and charges from time to time. Any promotional offers made by the Company are contingent upon the Company maintaining its cost of service goals, including but not limited to rates charged by its suppliers. Where possible, the Company will provide the Customer with a minimum of 30 days notice of any rate changes.
- Payments and Fees: Customer acknowledges that the Company is under no obligation to provide services under the terms of this Agreement until all stated charges have been paid-in-full, and Company has been able to adequately verify the validity of said payment. Recurring payments will become due and payable on the first day of the month following the completion of the first invoice term, and will continue as such for all subsequent invoices. Any account that becomes past-due may will be subject to a 10% late payment fee, and may be suspended or disabled for non-payment at any time at the sole discretion of the Company. Accounts suspended or disabled for non-payment may be subject to a restoration charge due and payable prior to service being restored. Any accounts that are not collectable by the Company will be turned over to an outside collection agency. If your account is turned over for collection, you agree to pay the Company a “Collection Fee” of not less than $150, in addition to any fees that may be imposed by the outside collection agency or its legal representation. All services that the Company offers are considered to be provided on a strictly prepaid basis.
- Refund Policy: All services rendered by the Company are provided on a non-refundable basis. This includes, but it not limited to, service package fee, monthly membership fees, upgrade fees, professional services fees, regardless of usage. In the unlikely event that you are not satisfied with your purchase, BEST Performance of CA, LLC will work with you on a reasonable solution. Store credit can be applied for your purchase of services or packages. The store credit will expire after 180 days. In addition, if your account is canceled by the company for violation of this Agreement or the attached Acceptable Use Policy, all payments made to the Company become completely non refundable. Customer agrees not to charge back any credit card payments for services rendered. In the event that a customer files a charge back or other payment dispute, they will be considered to be in violation of this agreement and may be subject to collection action as described in section 2 above. There may be a fee charged to the Customer by the Company for cost of fees associated with a charge back. Customer can upgrade or downgrade level of our memberships at any time of your usage, however BEST Performance of CA, LLC does not refund any fees in that case or prorate within the 30days of the membership fee. If you stop using our services in between the term, we will not refund you the fees paid by you for the remaining term. We reserve the right to modify or terminate the BEST Performance of CA, LLC for any reason, without notice at any time.
- Membership Cancellation: Requests to cancel membership may be made by notifying BEST Performance of CA, LLC membership department in writing by email (firstname.lastname@example.org) or by mail or in person at 119 Aberdeen Dr. Cardiff by the Sea, CA 9207.All requests for membership service cancellations must be made a minimum of 30 days prior to the renewal date of the service being cancelled. Failure to provide notice at least 30 days prior to the renewal date will result in a full billable monthly cycle prior to cancellation. Where all services are considered to be provided on a strictly prepaid basis, no prorated or partial refunds will be made. All outstanding invoices must be paid in full prior to requesting cancellation, and all unpaid charges must be satisfied prior to the return of any customer-owned equipment.
- Billing Errors: Customer acknowledges that the Company will make its best effort to ensure that all invoices are correctly issued. However, should Customer note any possible errors, Customer agrees to notify our Billing department within 15 days of the issuance of the errant invoice. After 15 days, all invoices will be assumed to be correct, and no further billing adjustments will be made.
- Credit Card Payments: Where available, the Customer authorizes the Company to automatically debit any credit/debit card(s) placed on file with the Company during the ordering process or via subsequent account updates on the due date of the contract. Should the Customer’s credit card be declined for any reason, Company will contact customer to notify them of the declined charge, and will continue to resubmit the credit card on file for payment until the balance is paid in full. If the Company is not able to charge the Customer’s credit card as noted above for the full amount due, Customer authorizes the Company to split the total amount due across multiple debit transactions to the credit card(s) on file equaling the total amount due.
- Indemnification: Under no circumstances shall the Company be held liable for damages resulting from any interruption of service for an amount greater than the amount of the charges payable by the Customer for services during the period damages occurred. Customer also acknowledges that in no case will the Company be liable for damages as a result of its own negligence in excess of the charges payable by the Customer for services during the period damages occurred. Customer acknowledges that they make use of Companies’ services and facilities at their own risk.
- No Lease Implied: Customer acknowledges that the Company is providing a service, and no binding lease of physical equipment or real estate is in any way implied as part of this agreement.
- Violation of Terms: Should Customer violate any of these terms, the Company will attempt to contact the customer by email or telephone before taking any action where avoidable. However, the Company will pursue whatever action is necessary to serve its best interest in these cases, even if that should necessitate the suspension or termination of Customer’s services without any type of notification.