As of 1/1/2015
In the event that Pet Check Technology is required to refund any sums charged or debited from Licensee’s credit card or bank account or Licensee’s customer’s credit card or bank account, such sums shall be refunded as follows: (1) If paid with a bank account, the money will be transferred back to Licensee’s or Licensee’s customer’s account within seven (7) days after Licensee’s submission of the refund form contained in Licensee’s Pet Check Technology account; or (2) if paid with a accredit card, the money will go back to such party’s credit card within two (2) days after Licensee’s submission of the Refund Form contained in Licensee’s Pet Check Technology account.
TERM AND TERMINATION.
- (A) Term. The initial term of the Agreement shall be one (1) month from the Effective Date (the “Initial Term”) and will, unless otherwise terminated pursuant to Subsection B of this Section 4, automatically renew for subsequent one (1) month terms (each a “Renewal Term”) unless either party submits written notice to the other of its intent not to renew no later than thirty (30) days prior to the end of the then current Initial Term or Renewal Term. The Initial Term and any Renewal Terms shall hereinafter be collectively referred to as the “Term.”
- (i) Termination by Licensee. Licensee may terminate this Agreement upon a material breach by Company of any of Company’s obligations under this Agreement if Company does not cure said breach within fifteen (15) days following Company’s receipt of Licensee’s written notice to Company describing the breach in sufficient detail; provided, however, that “Material breach” shall not include any occurrence or event attributable to, arising out of or relating to any event not within Company’s control, or caused directly or indirectly by Licensee or any third party.
- (ii) Termination by Company. Company may terminate this Agreement at any time for any reason at Company’s sole discretion upon five (5) days written notice.
- (iii) Termination by Bankruptcy, Insolvency or Failure to Conduct Business. Either party may terminate this agreement immediately upon written notice in the event the other party files a petition of any type as to the bankruptcy, is declared bankrupt, becomes insolvent, makes an assignment for the benefit of creditors, goes into liquidation or receivership, otherwise loses legal control of its business involuntarily or otherwise states in writing its intent to discontinue its business in the normal course.
(C) Effect of Termination. Immediately upon termination of this Agreement:
- (i) all rights granted by Company to Licensee shall terminate;
- (ii) Licensee’s access to the Licensed Products and Methods and Website shall terminate;
- (iii) Licensee shall: (a) discontinue all use of the Company’s Intellectual Property including but not limited to the Licensed Products and Methods as well as trademarks (b) return to Company all copies and derivations thereof and any other Proprietary Items, as defined in Section 14(D) of this Agreement, then in Licensee’s possession, custody and control, and (c) give written notice to Company representing, warrantying and certifying that it has not retained, copied or transferred to any third party any of the Licensed Products and Methods; and
- (iv)Company shall send electronic notification to users of Company’s Licensed Products and Methods, which were registered by, or in connection with Licensee’s Services.
- (D) Licensee is responsible for establishing their own term and termination policy with their customer base. This includes but is not limited to a service cancelation policy clearly written and provided to their customers.