Payment Terms

Last modified January 23, 2019.

Introduction

These Payment Terms form a legally binding contract between you and Thundersnow Ltd (Bloc) and govern payments under the Business Services Terms. Capitalized terms used but not defined in these Payment Terms have the meanings ascribed to them in the Business Services Terms.

1. Charges

All Ads that run via the Business Services will be billed on a pay-per-result basis and paid by the Business.

If an order for Business Services is subject to taxes, fees, or charges, Bloc may charge Business for those taxes, fees, and charges in addition to the cost of the Business Services (collectively, “Charges”), and Business agrees to pay Charges at the rates in effect when incurred. If your order is subject to taxes (including value-added or goods and services taxes) and you are required by Applicable Law to remit and report those taxes, you agree to remit and report such taxes to the appropriate taxing authority. If Business or Advertiser is required to withhold or deduct any taxes, Business will pay to Bloc any additional amount necessary so that Bloc receives a net amount equal to the Charges set forth in the applicable invoice.

If Bloc requests, Business will provide a valid VAT ID or other tax identification number for Business and for Advertiser (where required) when establishing a Business Account and Ad Account via the Business Services.

2. Payment

If your credit is or becomes impaired, Bloc may require payment in advance of any purchase of Business Services or may disable your ability to purchase Business Services. Unless otherwise agreed in writing by you and Bloc, the following provisions apply to an order via the Business Services:

1. Payment Card or Alternative Payment Method. If Business elects to pay for Business Services with a credit card, other payment card, or alternative payment method made available in the Business Services, Business authorizes Bloc or Bloc’s third-party payment processor (as applicable) to charge that payment method for the Charges at Bloc’s convenience, including as early as at the time the order is submitted. Bloc or its third-party payment processor may run one or more payment authorization checks before the payment method is charged.

Business authorizes Bloc or its third-party payment processor to store Business’s payment information and, if needed, to continue billing the payment method selected until the order for Business Services has been fulfilled.

If Bloc does not receive payment from Business’s payment card issuer or alternative payment method, or their agents, Business remains obligated to pay Bloc for any Business Services delivered, and agrees to pay all amounts due upon request from Bloc or its agents.

Business is responsible for paying any unauthorized amounts billed to its payment method by a third-party.

2. Sequential Liability. If Business is acting as agent on behalf of Advertiser and Bloc authorizes sequential liability between Business and an Advertiser for the Business Services, Bloc may hold Business liable for the Charges solely to the extent the proceeds for each purchase have cleared from Advertiser to Business. Advertiser agrees to remit all Charges to Business within the time period described above, and Business agrees to make every reasonable endeavor to collect and clear the Charges from Advertiser on a timely basis. For sums not cleared from Advertiser to Business, Bloc agrees to hold Advertiser solely liable. In the event Bloc does not receive payment when due, Bloc may immediately seek payment directly from Advertiser and Advertiser agrees to immediately remit such Charges directly to Bloc. For the avoidance of doubt, if Business is not acting as authorized agent on behalf of Advertiser, sequential liability will not apply even if otherwise authorized by Bloc.

Upon request from Bloc, Business must immediately provide Bloc written confirmation of the relationship between Business and an Advertiser in a form agreed to by Bloc. At a minimum, such confirmation must verify (i) whether Advertiser has paid Business the amount of the Charges in question; and (ii) that Business is Advertiser’s agent and is authorized to act on Advertiser’s behalf in connection with the Business Services and the Business Services Terms.

3. Account Codes/Credits. Bloc may on occasion provide a code, credit, coupon, or other form of discount (each, a “discount”) in an amount and on terms and restrictions as provided by Bloc. If you use a discount for a purchase via the Business Services, and if required by Applicable Law, you will ensure the discount is granted to Advertiser or will disclose the discount to Advertiser.

4. Past Due Amounts. If your (i) payment method fails; or (ii) an invoice becomes past due, Bloc may take steps to collect past due amounts using collection mechanisms it deems appropriate and may terminate any current or future purchase of Business Services. You will pay all reasonable costs and expenses (including reasonable attorneys’ fees) Bloc incurs in collecting any late payment of Charges. For any purchases where the Billing Center’s principal place of business is located in France, in case of late payment, a penalty of three times the French legal interest rate will apply as from the date on which the payment is due; late payment will also give right to a fixed compensation for recovery fees of an amount of EURO €40.

5. Refunds. Any “check-in” result charged is non-refundable. When a “check-in” result is purchased, a refund is only available if Bloc determines that it cannot fulfill the order for Business Services but your payment card or alternative payment method has already been charged. Bloc will refund the purchase price charged to your payment method if Business or Bloc cancels an order for Business Services before the Business Services run, Business will receive a full refund of payments already made for those Business Services. If Business or Bloc cancels an order for Business Services while the Business’s adverts are running, there is no full or partial refund. Refunds may take 3-5 business days for the funds to appear in Business’s account.

Business agrees that, if Bloc cancels an order, the sole and exclusive remedy available to Business is that Bloc will credit the payment card or alternative payment method used for that order. Business will be responsible for, and Business’s payment method may be charged for, all fees associated with orders already processed before Business’s cancellation was received