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Terms and Conditions

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TERMS AND CONDITIONS

XTRAPLAN, INC. MERCHANT TERMS AND CONDITIONS

By entering into an agreement with XtraPlan, Inc., you acknowledge that you receive access to an administration panel that allows you to access all of XtraPlan, Inc.’s services listed below with secured entry by creation of your specific username and chosen password. Further, unless a request is made to XtraPlan, Inc. in writing, you allow your dedicated XtraPlan, Inc. Account Executive, and their team, access to your administration panel to manage and execute XtraPlan, Inc.’s services at any time. Customer data will be automatically stored in the Merchant’s database for further marketing communication.

XtraPlan, Inc. acknowledges that you may formally decline XtraPlan, Inc. access to your account at any time. However, if account access is denied Merchant’s Dedicated Account Executive will no longer be able to carry out XtraPlan, Inc.’s services on the Merchant’s behalf.

XTRAPLAN, INC.’S PROGRAM: FEATURES INCLUDED
1. Website – up to 50 pages and 100 MB of Storage
2. E-commerce Online Shopping Cart – up to 100 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 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
10. Additional services such as expanding the web site and shopping cart will be an additional monthly fee of $ 35.00.

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 XtraPlan, Inc.’s 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 recurrent 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 Palm Beach 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 attorney’s 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 service provider), 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 of said change.

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 02/02/2016.

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