1) Recurring Billing
By entering into an agreement with Mudbug Media, Customer authorizes Mudbug to charge Customer a monthly fee at the then current rate, and any other charges Customer may incur in connection with Customer's Website Package to Customer Payment Method. Customer acknowledges that the amount billed each month may vary from month to month for reasons that may include differing amounts due to promotional offers and/or changing or adding a plan, and Customer authorizes us to charge Customer Payment Method for such varying amounts, which may be billed monthly in one or more charges.
2) Billing Cycle
3) No Refunds
PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation, however, Customer will continue to have access to the service through the end of Customer's current billing period. At any time, and for any reason, Mudbug may provide a refund, discount, or other consideration to some or all of Mudbug's Customer members. The amount and form of such credits, and the decision to provide them, are at Mudbug's sole and absolute discretion. The provision of credits in one instance does not entitle Customer to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
4) Payment Methods
Customer may edit Customer's Payment Method information by visiting https://billing.mudbugmedia.com and clicking on the "Manage Credit Cards" link, available at the top of the pages of the Mudbug Bill Pay website. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and Customer does not edit Customer's Payment Method information or cancel Customer's account (see, "Cancellation" below), Customer remains responsible for any uncollected amounts and authorize Mudbug to continue billing the Payment Method, as it may be updated. This may result in a change to Customer payment billing dates.
Customer may cancel your services at any time, however you will continue to be billed for services through the end of Customer agreement period. MUDBUG DOES NOT PROVIDE REFUNDS OR CREDITS FOR CANCELLATION PRIOR TO END OF CUSTOMER AGREEMENT PERIOD.
Customer agrees that Mudbug shall be permitted to automatically charge the credit card on file upon providing services (updates, support, etc.). Payment is due upon invoicing. Customer agrees that if any invoice or any payment due or part thereof remains unpaid after the due date or in the event Customer defaults with respect to any obligations under the Contract, Customer shall pay to Mudbug all costs, expenses, out of court costs and reasonable attorney fees incurred by Mudbug in recovering its property and/or any amounts due to Mudbug under the Contract. Additionally, Customer agrees to pay a service charge on any unpaid balance due at the rate of 1.5 percent per month or the maximum rate permitted by law, whichever is less. Mudbug shall review all billing inquiries on a case-by-case basis and reserves the right to approve or deny any request in its sole discretion.
7) Applicable Law, Venue and Jurisdiction
The Contract shall be governed by, and construed in accordance with the laws of the State of Louisiana, without regard to conflict of law principles. Any action that may be brought by either party, arising out of or related to the Contract, directly or indirectly, will be brought in the Civil District Court for the Parish of Orleans, State of Louisiana or in the United States District Court for the Eastern District of Louisiana. Customer does hereby waive all defenses and questions of personal jurisdiction or venue for the purposes of carrying out this provision. This choice of jurisdiction and venue does not preclude the bringing of any action by Mudbug for the enforcement of any judgment or order obtained in any such jurisdiction, in any other appropriate jurisdiction.
8) Limitations on Liability
IN NO EVENT SHALL MUDBUG BE LIABLE TO VENDEE FOR ANY LOST PROFITS OR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THE CONTRACT.
The Contract may not be assigned by either party without the other party’s prior written permission. If an assignment is permitted, the terms and conditions outlined herein shall be binding upon the assignee in all respects.