Terms of Service

Payment of Fees. Xtrades shall charge Customer, and Customer agrees to pay, all fees for Services in accordance with its Ordering Document, Subscription Plan, and Subscription Tier. Customer is responsible for reviewing the pricing schedule, features, and limits associated with its Subscription Plan and its Subscription Tier (available at http://members.xtrades.net/pricing and also on the ‘Billing Page’ inside the application). Xtrades may, but is not obligated to, contact Customer to warn Customer that they have exceeded the included features or other limits of its current Subscription Plan or Subscription Tier.
Subscription Tier. Fees associated with each Subscription Plan are based on Customer’s Subscription Tier. Customer’s Subscription Tier at any given time is determined by the higher of: 1) the number of emails being sent (unless Customer’s plan includes unlimited emails), and 2) the number of Subscribers in the Customer’s Subscriber Lists (as determined by adding the number of Subscribers in each Subscriber List). Except as otherwise stated in Customer’s Ordering Document, if Customer exceeds the limits of its Subscription Tier, Xtrades will upgrade the Customer’s account to the appropriate Subscription Tier and charge Customer the applicable fees for that Subscription Tier for the remainder of the Order Term and any renewals thereof. Customer has the sole responsibility for updating its Subscriber Lists to ensure Customer is being charged at the appropriate Subscription Tier.
Subscription Plan Upgrade. If Customer, a Full Access User, or an Administrator accesses, uses, or activates any features which are only included in a higher-priced Subscription Plan or provides Users with access to the same, Xtrades may, in its absolute discretion, upgrade Customer’s account to the appropriate higher-priced Subscription Plan for the remainder of the Order Term and any renewals thereof. Customer agrees to pay fees associated with the upgraded Subscription Plan for the remainder of the Order Term, and any renewals of the Order Term.
Payment for Add-On Features. Customer may order Add-On Features at any time by using the Add-On Feature and/or executing an Ordering Document for the Add-On Feature. Customer agrees to pay fees associated with the applicable Add-On Feature for the remainder of the Order Term, and any renewals of the Order Term.
Usage-based Features. Customer acknowledges and agrees that fees for certain features of the Services may be assessed based on Users’ actual usage of those features (for example, fees are incurred every time a User runs a ‘Design and spam test’). Customer agrees to pay for Users’ usage of any such features.
Trial Account. Users are only allowed to 1 account. If discovered that user is utilizing free trial more than once, user owes service for time used.
Payment Method. Unless otherwise listed on Customer’s Ordering Document, Customer agrees to pay Xtrades all applicable fees in U.S. Dollars (or such other currency as listed in Customer’s account page), up front via credit card, for Services Customer purchases or uses in accordance with the terms listed on Customer’s Ordering Document. Customer agrees to provide accurate payment information, and hereby authorizes Xtrades to charge such credit card for all fees set forth in the Ordering Document for the duration specified therein (and any renewal thereof). Payments are due for any billing period on the same date, or the closest date in that billing period, to the day Customer signed up for the Services and made its first payment. If any part of a billing period is included in the term, then payment is due for the full billing period.
Taxes. All fees stated in the Ordering Document are exclusive of any applicable taxes. Customer shall pay any sales, use, value added, excise, property withholding or similar tax, duties, and any related tariffs, and similar charges applicable to Customer’s purchase of the Services assessable by any local, provincial, federal, or foreign jurisdiction and shall include any related penalties or interest, except taxes based on Xtrades’ net income (“Customer’s Taxes”). Customer’s Taxes may be added to the final price charged to Customer on Customer’s invoice. Customer shall pay Customer’s Taxes with no reduction or offset in the amounts payable to Enhanced Investor hereunder. Customer will, and hereby agrees to, promptly reimburse Enhanced Investor for any and all of Customer’s Taxes (and any applicable penalties) that Enhanced Investor may be required to pay in connection with this Agreement upon receipt of Enhanced Investor's invoice.
Late Payment. If any amount due is not received by the due date, then without limiting Xtrades’ rights or remedies, Xtrades may (a) apply a late fee of 1.5% of the outstanding balance per month, or the maximum rate permitted by Law, whichever is lower, from the date such payment was due until the date paid; (b) accelerate the payment of any fees payable; (c) immediately suspend Customer’s access to the Services until payment is made; (d) terminate Customer’s access to the Services provided that Enhanced Investor gives Customer notice of non-payment and 10 business days opportunity to cure; and/or (e) condition future subscription renewals and orders on pre-payment or payment terms shorter than those specified in the Ordering Document.
Fees at Renewal. Xtrades reserves the right to change fees for any Services at the time of renewal and Customer is responsible for reviewing the fees charged by Xtrades prior to renewal, provided no fee change will be effective until renewal of that Service (unless the fees in the prior period were designated in the applicable Ordering Document as promotional or ‘one-time’). Upon expiration of the applicable Order Term, Customer will automatically be charged in accordance with the payment method specified on Customer’s Ordering Document for renewal unless Customer downgrades or terminates its account in accordance with this Agreement.
Reactivation Fee. Xtrades may charge a re-activation fee to re-activate an account that has been suspended.
No Refunds. Except as otherwise provided in this Agreement or required by Law, Xtrades will not provide refunds or credits for partial or unused periods of service or mid-term downgrades.