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Merchant Terms and Conditions

XtraPlan, Inc.’s WebXL Program: Features Included

1.    Website - up to 20 pages 
2.    E-commerce Online Shopping Cart - up to 20 products
3.    Weekly maintenance updates for the website, E-commerce site, Geo Boulevard listing, and mobile web
4.    Customer Email Communication Program - send up to 1,000 emails per month; sent bi-weekly 
5.    Customer Satisfaction Survey Program - conducted quarterly
6.    Customer Database - keep track of your customers and view important statistics
7.    Local Listing in Geo Boulevard
8.    Credit card processing upon approval (E-commerce and swipe processing)
9.    Unique QR Code

 

*Additional services such as expanding the web site and shopping cart will be quoted separately upon request.

Terms & Conditions

The terms of this agreement shall be entered into until cancelled by Merchant via written request unless terminated by XtraPlan, Inc. There is no contract, commitment, or cancelation penalty and Merchant may terminate this Agreement at any time. Merchant will receive a full refund of any monies collected if they terminate the agreement within the first 30 days.

XtraPlan, Inc. may terminate this Agreement immediately in the event Merchant becomes insolvent or files for bankruptcy, has an involuntary bankruptcy filed against it, or is deemed in violation of any of the provisions herein. Other conditions warranting early termination include but are not limited to improper or irregular processing of transactions


Merchant will be billed $70.00 to start the WebXL Program and will then be automatically billed $70.00 bi-annually for a mandatory security fee until cancelation.


30 days after the initial $70.00 security fee, XtraPlan, Inc. will start to bill $49.95 on a monthly basis for monthly maintenance paid automatically until cancelation.


Upon thirty (30) days prior written notice, XtraPlan, Inc. may change or modify the terms and conditions set forth herein and such changes shall become effective unless XtraPlan, Inc. or Merchant objects. In event Merchant objects, either party shall have the right to terminate this agreement.


Governing Law 


This agreement shall be governed by and construed in accordance by the laws of the State of Florida. In the event of any dispute between the state of Florida, or in the event of a dispute between the parties, the parties agree that the appropriate venue shall be the Circuit Court of Broward County, Florida or the US District Court for Southern Florida. The prevailing party shall be entitled to recover from the non-prevailing party all costs and expenses including attorneys fees throughout and including any appeal. XtraPlan, Inc. and Merchant agree to comply with all federal, state, and local laws. 


Force Majeure 


Neither party shall be liable for its failure to perform under this Agreement if such failure arises out of causes beyond the reasonable control and without the fault or negligence of such party.  Such causes may include, but are not limited to, acts of God, fire, wars or strikes. 


Confidentiality


Each party shall consider all information furnished to be confidential, and shall not disclose any such information to any third party except where required by law.


Merchant Information 


Merchant agrees to provide eMerchantPay Corp., XtraPlan, Inc.’s credit card processor (merchant services), with all data reasonably requested. This includes but is not limited to, merchant identification numbers, physical store addresses and contact name. Merchant agrees to notify XtraPlan, Inc. of any changes that may interfere with the processing within ten (10) days.


Merchant shall allow XtraPlan, Inc. to use the Merchant´s trade names, trademarks, and logos for the purpose of promoting the Merchant in the Program. Merchant will provide XtraPlan, Inc. with marketing literature to promote the programs.


Indemnification 


Merchant shall, defend, indemnify, and hold harmless XtraPlan, Inc. and its officers, owners, and employees from any claim, loss, or cause of action of any nature whether arising out of tort, contract, common law, or statute arising out of or relating to any member transaction with Merchant. In no event shall either party be liable to the other, for lost profits, punitive, exemplary, indirect or consequential damages


Disclaimer of Warranties 


XtraPlan, Inc.
 MAKES NO WARRANTIES WHATSOEVER, EXPRESSED OR IMPLIED, WITH REGARD TO ANY SERVICES PROVIDED UNDER THIS AGREEMENT. XtraPlan, Inc. EXPRESSLY DISCLAIMS ALL WARRANTIES OF AND OF FITNESS FOR A PARTICULAR PURPOSE. XtraPlan, Inc. DOES NOT WARRANT THAT THE SOFTWARE OR HARDWARE USED IN THE PROGRAM WILL BE ERROR FREE OR WILL OPERATE WITHOUT INTERRUPTION. REVISED 06/17/14

 

 

 

 
 
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