Subscription Agreement
Home Amiga, LLC (“YardAmigo”, “we”, “our” or “us”) is pleased to offer you access to our ‘ bundle of tools and services.(collectively, the “Service”). When you sign up for a subscription to the Service, you agree to the terms and conditions set forth in this Subscription Agreement (this “Subscription Agreement”), the Terms of Use, and our Privacy Policy.
We reserve the right, in our sole discretion, to change, modify, add or remove provisions of this Subscription Agreement at any time. If we make material changes to this Subscription Agreement, we will notify you of such changes via the Service. If you do not agree to this Subscription Agreement, you should not use the Service and cancel your subscription. This Subscription Agreement is part of and is incorporated by reference into the Terms of Use, and all terms and provisions of the Terms of Use shall apply to your use of the Service. In the event of any conflict between the Terms of Use and this Subscription Agreement, the terms of this Subscription Agreement shall govern.
Subscription Period. The initial term of your subscription will provide you access to the Service for the period of one (1) year, starting on the date of sign-up (“Subscription Period”). After the initial term, unless you cancel your subscription as provided herein, your subscription will automatically renew for additional one (1) year terms.
Standard Payment and Fees. There are no upfront fees, or monthly or annual subscription fees, as long as you use the Service as your System of Record for One hundred percent (100%) of your organization’s signups and invoice processing. We will charge you in real time a System of Record Fee by reducing your remitted invoiced payment amounts by the agreed upon Fee as you transact to leverage the Service. We will apply the rates that you agreed to during sign-up, in addition to any applicable taxes, transaction fees, and other charges and fees incurred in order to access the Service.
System of Record Fees: We will charge you a System of Record Fees for all transactions as agreed upon in your Profile and Payment Pages. System of Record Fees will be charged to you on a per transaction basis and will remain constant for your initial Subscription period. Thereafter, we reserve the right to adjust the System of Record Fee with 30 Days Notice prior to your renewal period. Billing Information. For purposes of your use of the Service, including identification and billing, you agree to provide us with true, accurate, and complete information as required by the subscription or sign up process to the Service (“Subscription Data”), including your legal name, address, telephone number, e-mail address, bank information and applicable billing information for the purpose of verifying the information you provide. You agree to maintain and promptly update the Subscription Data and any other information you provide to us to keep it accurate. Without limiting any other provision of this Subscription Agreement, if you provide any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such is the case, we reserve the right to suspend or terminate your account or subscription and refuse any and all current or future use by you of the Service. You must check your Profile and Payments Pages page to determine whether your Subscription Data is current and accurate, and, if not, to correct or update your Subscription Data, including your billing information.
If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information, you remain responsible for any uncollected amounts.
Price Increases. We reserve the right to increase charges and fees or to institute new charges or fees at any time, upon reasonable advance notice communicated to you through a posting on the Service or such other means as we may deem appropriate from time to time (including e-mail or conventional mail). Such price increases will be applied on a prospective basis. For the initial subscription term, your Fees will not change.
Automatic Renewal. YOUR SUBSCRIPTION TO THE SERVICE WILL AUTOMATICALLY RENEW UNLESS TERMINATED OR CANCELED BY YOU IN ACCORDANCE WITH THESE TERMS.
BY STARTING YOUR SUBSCRIPTION AND PROVIDING OR DESIGNATING A PAYMENT METHOD, YOU AUTHORIZE US TO WITHHOLD THE AGREED UPON TRANSACTION FEES IN ACCORDANCE WITH THE TERMS DESCRIBED HEREIN BOTH DURING THE INITIAL TERM OF YOUR SUBSCRIPTION AND DURING EACH RENEWAL PERIOD, UNLESS YOU TERMINATE OR CANCEL YOUR SUBSCRIPTION BEFORE THE RELEVANT RENEWAL PERIOD BEGINS.
WE WILL NOTIFY YOU BEFORE THE END OF YOUR SUBSCRIPTION PERIOD THAT YOUR SUBSCRIPTION IS EXPIRING, AND WE WILL PROVIDE YOU WITH THE TERMS AND CONDITIONS THAT WILL APPLY IF YOU WOULD LIKE TO RENEW YOUR SUBSCRIPTION. YOU WILL THEN HAVE THE OPTION TO CANCEL OR RENEW YOUR SUBSCRIPTION. IF YOU DO NOT CANCEL OR RENEW YOUR SUBSCRIPTION BEFORE THE EXPIRATION OF YOUR THEN CURRENT SUBSCRIPTION PERIOD, YOUR SUBSCRIPTION WILL BE AUTOMATICALLY RENEWED AT THE RENEWAL PRICE FOR THE RENEWAL PERIOD YOU WERE NOTIFIED OF.
For all new Acquired Customers where Home Amiga is the initial lead generation source, We will charge you in real time a Marketing Fee for Newly Acquired Customers by reducing your remitted invoiced payment amounts for said Customers by the agreed upon Marketing Fee. This Marketing fee shall run in perpetuity with regards to the Newly Acquired Customer. If at any point in the future, you cancel or terminate the Service, for all Newly Acquired Customers you shall either:
1) Pay Home Amiga Ten (10) times the Monthly Revenue generated by the Newly Acquired Customer. The calculation for the Monthly Revenue shall be the highest monthly revenue total on the System of Record during the preceding Twelve (12) Months; or
2) Stop any and all Services to said Newly Acquired Customer after a Notice period of Sixty (60) Days
If your registration or subscription is revoked for any reason, you agree not to register or subscribe to the Service using another user name or through any other means. If we have reason to suspect, in our sole discretion, that your Account has previously been terminated, we reserve the right to terminate any new Account(s) you have registered without any notice to you, or to exercise any other remedies available to us under this Subscription Agreement or by law.
Automatic Renewal. You must notify us immediately in the event of any known or suspected unauthorized use of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your or anyone else’s password or credit card information. In the event of a breach of security by you, you will remain liable for any unauthorized use of your Subscription until you update your Subscription Data. You are entirely responsible for any and all activities which occur under your Account.
Cancellation. You may cancel your subscription to the Service at any time within the first ninety (90) days of the initial term of your subscription. If you cancel, you will remain responsible for all charges incurred prior to your cancellation.
You can cancel your subscription by contacting customer service at support at homeamiga.com. or by such other means as we may provide from time to time. We will attempt to process all cancellation requests within 72 hours after we receive your request. We reserve the right to collect fees, surcharges, or costs incurred before your cancellation takes effect.
Upon cancellation or termination of your subscription to the Service, we may immediately deactivate your user account and all related information and/or files in your user account and/or bar any further access to such information and/or files, the Service (or part thereof) except as we may otherwise provide in writing from time to time.
No Refunds. PAYMENTS ARE NONREFUNDABLE, AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. At any time, and for any reason, we may provide a refund, discount, or other consideration ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
The availability and use of the Service may be limited based on age, geographic location or other criteria as we may establish from time to time and communicate to you. You understand and agree we may disallow you from subscribing to the Service or may terminate your subscription to the Service at any time based on these criteria.
Pricing addendum
Platform Fee: 1% of all invoiced amounts
Bank Fee: 3% of all payments processed through credit cards, bank payments or other third party payment processors
Customer Acquisition Marketing Fee: 10% of all invoiced amounts to customers acquired by Yard Amigo LLC on your behalf for the life of that customer. Yard Amigo LLC will bare the financial burden for all marketing expenditures including advertising expenses and offers made to customers either in referral programs or initial sign up offers.
This Agreement was last modified on February 1st, 2020