This page provides our respective rights and obligations between us ("GREENERBILLING, LLC") and you, the subscriber (“SUBSCRIBER”) with respect to ordering and purchasing products and services. Before you register with greenerbilling™ service and purchase greenerbilling™ services or products, you must read and agree to this Terms of Service ("TOS"). BY PURCHASING AND/OR USING THE GREENERBILLING™ SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE TOS AND YOU AGREE THAT IT IS ENFORCEABLE. IF YOU DO NOT AGREE WITH OUR TOS, THEN YOU MAY NOT PURCHASE OR USE ANY PRODUCTS OR SERVICES FROM THIS SITE.
Violation of any part of the TOS may result in termination of your account.
Changes to the Terms of Service
GREENERBILLING, LLC reserves the right to update and modify the TOS at any time without notice. Accordingly, please review this page often, or at least every time you seek to place an order with us. New features that may be added to the greenerbilling™ service shall be subject to the TOS. Should you continue to use the greenerbilling™ service after any such modifications to the TOS have been made, your continued use shall constitute your agreement to such modifications. You may always view the most recent copy of the TOS at the following Internet address: www.greenerbilling.com/marketing/terms. SUBSCRIBER will not have a corresponding right to update or modify the TOS. If you do not agree to any modifications of the TOS, your sole remedy is to cancel your account in accordance with these TOS.
Description of Service
The greenerbilling™ service is a web-based billing application provided by GREENERBILLING, LLC (the “SERVICE”). We offer three monthly flat fee plans (a “FLAT FEE PLAN”) as well as consumption based monthly plan (“CONSUMPTION PLAN”) for access to the SERVICE (the FLAT FREE PLAN AND CONSUMPTION PLAN are referred to as the “PLAN” throughout this TOS). You may view the different PLAN options and fees associated therewith at
www.greenerbilling.com/marketing/signup_plan. Upon acceptance of this TOS, selection of a PLAN and pre-payment of fees when required, you will be granted a non-exclusive license to use the SERVICE.
Terms of Account
Legal age of SUBSCRIBER must be at least old enough to legally contract for services in your jurisdiction.
- SUBSCRIBER must provide current, accurate identification, contact, and other information that may be required as part of the registration process and/or continued use of the SERVICE.
- SUBSCRIBERS shall be permitted to provide password access to the SERVICE by your preferred number of users ("USERS"). USERS are bound by all elements of the TOS.
- SUBSCRIBER is responsible for maintaining the privacy and security of your SERVICE password and account, and is responsible for all activities that occur within SUBSCRIBER’S use of the SERVICE. GREENERBILLING, LLC will not be liable for any damage or loss that may result from SUBSCRIBER’S failure to protect login information, including password.
- GREENERBILLING, LLC reserves the right to refuse service to anyone at any time without notice for any reason.
- GREENERBILLING, LLC may send email communications and intersystem messages to SUBSCRIBERS explaining new features of the SERVICE and scheduled downtime of the SERVICE.
You agree that GREENERBILLING, LLC reserves the right in its complete discretion to establish general operating practices to maximize the operation and availability of the service for the greatest benefit of its users. As part of these practices, GREENERBILLING, LLC reserves the right to monitor general system usage and performance to identify excessive consumption of network resources. If we feel that your activities are so excessive that other GREENERBILLING, LLC customers are detrimentally affected, a GREENERBILLING, LLC representative may attempt to contact you to reach agreement on a revised pricing PLAN which will permit you to continue to use the GREENERBILLING, LLC Service. GREENERBILLING, LLC reserves the right to terminate or suspend your account without prior notice in the event of a policy violation and you and GREENERBILLING, LLC cannot agree on a revised pricing PLAN.
For all PLANS, an “Invoice Send” occurs when SUBSCRIBER produces an invoice by selecting to “Send by E-mail” or “Create as PDF”. You may “draft” an unlimited number of invoices before producing and subsequently being credited (in the case of FLAT FEE PLAN) or charged (in the case of CONSUMPTION PLAN) for an Invoice Send.
Special Terms Relating to the Consumption Plan
Our CONSUMPTION PLAN allows you to register for the SERVICE, without entering billing information, and produce free of charge, on a one-time introductory basis, five (5) Invoice Sends. After the fifth (5th) Invoice Send, prior to producing any additional Invoice Sends, you will be required to enter your billing information. Your “30 Day Billing Cycle” for the CONSUMPTION PLAN will begin on the day you produce the sixth (6th) Invoice Send. During each 30 Day Billing Cycle of the CONSUMPTION PLAN thereafter you will charged for each Invoice Send you produce in accordance with the Terms of Payment Section below.
Terms of Payment
- Payment for the SERVICE shall be made in United States dollars. A valid major credit card is required in advance for a FLAT FEE PLAN and is required prior to the sixth (6th) Invoice Send under the CONSUMPTION PLAN.
- We will charge SUBSCRIBER either a flat monthly fee based on SUBSCRIBER’S selected FLAT FEE PLAN or a variable amount if SUBSCIRBER signs up for a CONSUMPTION PLAN.
The SERVICE for a FLAT FEE PLAN is billed in advance for each month, and is non-refundable.
The SEVICE for a CONSUMPTION PLAN is billed on the thirtieth (30th) day of the 30-Day Billing Cycle and is non-refundable. On the thirtieth (30th) day of the 30 Day Billing cycle for the CONSUMPTION PLAN, we will calculate the total number of Invoice Sends produced multiplied by the current Invoice Send fee and charge the credit card on file for the balance.
- For all PLANS, once a SUBSCRIBER produces an Invoice Send, the SUBSCRIBER will only be charged (CONSUMPTION PLAN) or credited (FLAT FEE PLAN) once for each such Invoice Send, regardless of how many times the SUBSCRIBER actually sends by email or creates as a PDF a particular invoice.
- If a SUBSCRIBER’s credit card is declined, then SUBSCRIBER will be sent an email notifying SUBSCRIBER to update SUBSCRIBER’s billing information. Should SUBSCRIBER attempt to login to SUBSCRIBER’s account, SUBSCRIBER will be directed to the Change Billing Information page. SUBSCRIBER will be unable to access its account information, all other navigation links or SERVICES until a valid credit card is entered and the SUBSCRIBER’s account is current.
- In the event we are required to take action to collect a past due amount from you, you will be responsible to pay for all expenses, costs and fees, including attorneys fees and collection agent fees, incurred by us in collecting an amount owed.
- There will be no refunds or credits for partial months of service, or refunds made should SUBSCRIBER not use the SERVICE during a period of time when SUBSCRIBER’S account is open. No exceptions will be made.
- Should SUBSCRIBER upgrade an account type, SUBSCRIBER’S credit card will immediately be charged a pro-rata amount based on the new billing rate and number of days remaining in SUBSCRIBER’s 30 day billing cycle. SUBSCRIBER’S credit card will then be charged the new billing rate every 30 days thereafter unless SUBSCRIBER cancels the account. Should SUBSCRIBER downgrade an account type, SUBSCRIBER will be charged the new lower billing rate beginning at the next 30 day billing period cycle. Should SUBSCRIBER downgrade its account type, it will not receive any refund of fees previously paid.
- You are responsible for sales and all other taxes associated with the order, however designated.
Modifications to Services and Fees
- GREENERBILLING, LLC reserves the right to modify, suspend, or discontinue the SERVICE at any time for any reason with or without notice.
- GREENERBILLING, LLC reserves the right to change our fees and payment terms upon 30 days notice. Fee change notices may be posted to the SERVICE or on www.greenerbilling.com.
Cancellation and Termination
- Cancellation of Account. SUBSCRIBER alone is responsible for the proper cancellation of your account. SUBSCRIBER may cancel the account at any time by emailing customer support at firstname.lastname@example.org.
- Downgrading/Cancellation of FLAT FEE PLAN. SUBSCRIBER may cancel a FLAT FEE PLAN at any time, but will remain liable for all charges accrued up to that time, including full monthly charges for the month in which SERVICE is discontinued. If a SUBSCRIBER cancels a FLAT FEE PLAN, then such SUBSCRIBER will be downgraded to CONSUMPTION PLAN until you or we terminate your account in accordance with these TOS. If SUBSCRIBER does not desire to be downgraded to a CONSUMPTION PLAN and instead desires to cancel all SERVICES, then SUBSCRIBER should email customer support at email@example.com.
For example, in the case of a FLAT FEE PLAN, suppose you are billed on the 5th of March for a particular plan of service for which you signed up. Because we bill in advance, such amount is to be applied to the following 30 days of SERVICE (March 5th through April 3rd). If you cancel your FLAT FEE PLAN on March 15th, (10 days after payment of the fee for the 30 days of service), you will not be refunded any amounts paid on the 5th of March and you will not be charged any additional fees after the cancellation date of March 15th. You will be downgraded to a CONSUMPTION PLAN until you or we terminate your account in accordance with these TOS.
- Cancellation of CONSUMPTION PLAN. SUBSCRIBER may cancel a PLAN at any time, but will remain liable for all charges accrued up to that time, including full monthly charges for the month in which SERVICE is discontinued in the case of a FLAT FEE PLAN. If a SUBSCRIBER cancels a FLAT FEE PLAN, then such SUBSCRIBER will be downgraded to CONSUMPTION PLAN until you or we terminate your account in accordance with these TOS. If SUBSCRIBER cancels the CONSUMPTION PLAN, then SUBSCRIBER will be charged for any balance due. If SUBSCRIBER does NOT desire to be downgraded to a CONSUMPTION PLAN and instead desires to cancel all SERVICES, then SUBSCRIBER should email customer support at firstname.lastname@example.org.
- Access to Information in Event of Cancellation. In the case of cancellation of any PLAN, SUBSCRIBER will continue have access to their data under the CONSUMPTION PLAN unless and until your account is terminated in accordance with these TOS. If SUBSCRIBER desires to produce an Invoice Send, SUBSCRIBER will have to enter their billing information and pay the appropriate fees.
- Upgrading of CONSUMPTION PLAN. SUBSCRIBER may upgrade from a CONSUMPTION PLAN to a FLAT FEE PLAN at any time. Upon such upgrade, SUBSCRIBER will be required to pay any balance due under the CONSUMPTION PLAN and then pay the monthly fee for FLAT FEE PLAN chosen by SUBSCRIBER. Should SUBSCIBER ever choose to downgrade back to the CONSUMPTION BASED PLAN, then SUBSCRIBER will be credited with the same number of free Invoice Sends SUBSCRIBER may have utilized when it upgraded to the FLAT FEE PLAN.
Example #1 SUBSCRIBER signs up for CONSUMTION PLAN and upgrades to FLAT FEE PLAN when it has utilized only three (3) of the one time five (5) free introductory Invoice Sends. When SUBSCRIBER downgrades back to the CONSUMPTION PLAN, then SUBSCRIBER will start over with a thirty (30) Day Billing Cycle and will have two (2) remaining free introductory Invoice Sends prior to being charged for an Invoice Send. Upon production of the sixth (6th) Invoice Send, SUBSCRIBER must have valid billing information entered and will be charged according to the then current payment terms.
Example #2 SUBSCRIBER signs up for CONSUMPTION PLAN and utilizes all five (5) of its free introductory Invoice Sends and then upgrades to a FLAT FEE PLAN. When and if SUBSCRIBER downgrades back to the CONSUMPTION PLAN, SUBSCRIBER will have no “free” Invoice Sends and must have valid billing information entered in order produce an Invoice Sends. In this case, the thirty (30) day billing cycle will begin when SUBSCRIBER produces its sixth (6th) Invoice Send.
- GREENERBILLING, LLC reserves the right to modify, suspend, or terminate SUBSCRIBER’S account at any time, without notice or refund, if Subscriber fails to make a payment, or if Subscriber inputs data or content through the Web site determined to be illicit or in inappropriate in the sole discretion of GREENERBILLING, LLC. GREENERBILLING, LLC also reserves the right to delete all content associated with SUBSCRIBER’S account if GREENERBILLING, LLC determines in its sole discretion that the content is illicit or inappropriate.
- Upon SUBSCRIBER’S cancellation of the SERVICE, SUBSCRIBER’S data will be stored for a reasonable amount of time to be determined by GREENERBILLING, LLC.
- 30-Day Money Back Guarantee With Purchase of FLAT FEE PLAN. Notwithstanding any provision to the contrary, the first time a SUBSCRIBER signs up for a FLAT FEE PLAN and pays the fees associated with such paying FLAT FEE PLAN (“INITIAL SUBSCRIBER”), such INITIAL SUBSCRIBER is entitled to cancel its paying FLAT FEE PLAN within 30 days of payment of fees and receive a full refund of fees paid if INITIAL SUBSCRIBER is dissatisfied with the SERVICE. In order to receive a refund of fees paid under this 30-day Money Back Guarantee, INITIAL SUBSCRIBER must provide written notice of its intent to cancel the FLAT FEE PLAN to GREENERBILLING, LLC within 30 days of payment of the fees. Should INITIAL SUBSCRIBER cancel its FLAT FEE PLAN pursuant to this provision, then INITIAL SUBSCRIBER will be downgraded to a CONSUMPTION PLAN account status upon refund of the fees. There is no 30-day Money Back Guarantee with respect to the CONSUMPTION PLAN.
Copyright and Intellectual Property Rights
- SUBSCRIBER acknowledges that GREENERBILLING, LLC owns all right, title and interest in and to the SERVICE, including without limitation all intellectual property rights, and such rights are protected by U.S. and international intellectual property laws.
- SUBSCRIBER agrees not to copy, reproduce, alter, modify, or create derivative works from the SERVICE. SUBSCRIBER may not copy, modify, adapt, reproduce, distribute, reverse engineer, decompile, or disassemble any aspect of the SERVICE that GREENERBILLING, LLC or its suppliers own.
- SUBSCRIBER also agrees not to use any robot, spider, other automated device, or manual process to monitor or copy any content from the SERVICE.
- GREENERBILLING, LLC claims no intellectual property rights over the content SUBSCRIBER uploads or provides to the SERVICE. However, by using the SERVICE to send content, SUBSCRIBER agrees that others may view and share your content.
Warranties and Limitation of Liability
- GREENERBILLING, LLC PROVIDES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED AS TO THE SERVICE, AND SPECIFICALLY DISCLAIMS ANY OTHER WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
- GREENERBILLING, LLC makes no warranties regarding (i) SUBSCRIBER’S ability to use the SERVICE, (ii) SUBSCRIBER’S satisfaction with the SERVICE, (iii) that the SERVICE will be available at all times, uninterrupted, and error-free (iv), the accuracy of mathematical calculations performed by the SERVICE, and (v) that bugs or errors in the SERVICE will be corrected.
- The SERVICE is provided on an “as is” and “as available” basis. SUBSCRIBER understands that your content may be transferred unencrypted over the Internet.
- SUBSCRIBER EXPRESSLY UNDERSTANDS AND AGREES THAT GREENERBILLING, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AFFILIATES, SUCCESSORS OR ASSIGNS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, RESULTING FROM SUBSCRIBER’S USAGE OF THE SERVICE OR AVAILABILITY OF THE SERVICE (EVEN IF GREENERBILLING, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE FORM OF ACTION). YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THE SERVICES AND CANCEL YOUR ACCOUNT.
- SUBSCRIBER assumes total responsibility and risk for use of this SERVICE.
Conduct; User Content
- SUBSCRIBER agrees not to resell, duplicate, reproduce or exploit any part of the SERVICE without the express written permission of GREENERBILLING, LLC.
- SUBSCRIBER agrees not to use the SERVICE to store, host, or send unsolicited email (spam) or SMS messages.
- SUBSCRIBER understands that the SERVICE can be used for transmission of your content, and that during processing, your content, including invoices, payment reminders, and personal messages, may be transferred unencrypted over the Internet.
- SUBSCRIBER may not use the SERVICE to transmit any viruses, worms, or malicious content.
- SUBSCRIBER agrees not to use the SERVICE for any purpose that is unlawful or prohibited by the TOS.
SUBSCRIBER agrees to hold harmless and indemnify GREENERBILLING, LLC, and its affiliates, officers, agents, and employees from and against any third party claim arising from or in any way related to your use of the SERVICE, any violation of the TOS or any content you transmit on or through the site or SERVICE, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, GREENERBILLING, LLC will provide SUBSCRIBER with written notice of such claim, suit or action.
Choice of Law and Location for Resolving Disputes
The laws of the state of Florida will govern these TOS and your use of the SERVICES. Any claim or dispute arising out of these TOS or the subject matter hereof shall be heard exclusively in the state and federal courts located in Duval County, Florida.
The failure of GREENERBILLING, LLC to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision.
The TOS constitutes the entire agreement between you, the SUBSCRIBER, and GREENERBILLING, LLC and governs your use of the SERVICE, superseding any prior agreements between you, SUBSCRIBER, and GREENERBILLING, LLC (including, but not limited to, any prior versions of the TOS).