Effective Date: 07/21/2019
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PURCHASE, PRICE INFORMATION, PAYMENT TERMS AND REFUND POLICY
(a) Subscription. Certain aspects of the Services provided by Aestell, third parties, or both may require you to purchase a subscription for a period of time as specified during sign-up (collectively a “Subscription”). Your Subscription, which may start with a thirty (30) day trial period, will automatically renew on a monthly or annual basis (as specified during your sign-up) unless you cancel your Subscription as provided in Sections 3(e) and 3(g), or we terminate your Subscription as provided below.
• We may terminate this Agreement and close your account, or suspend your access to the Services, at any time without notice and without responsibility or liability to you, in the event of your actual or suspected unauthorized use or misuse of the Services and/or Service Content, or breach of the Agreement. In that event, we will refund to you a pro-rata share of your Subscription charge to account for the period you will not be able to access the Services.
• We may terminate this Agreement and close your account at any time on reasonable notice to you if we cease to provide the Services.
(b) Bundles. Aestell may contract with a third-party telecommunication provider to provide the Services to you through a bundle package together with other services provided by such third party provider. The payment terms for such bundle package, as well as other terms and conditions governing your use of the bundle package, may differ from the terms set out in this Agreement. You are solely responsible for reviewing such bundle terms or any other terms governing your use of the services provided by your telecommunication provider before agreeing to any bundle package and accessing the Service via such bundle package. If you have purchased a bundle package, payment will be taken from you by your telecommunication provider. Should you wish to cancel or terminate your subscription via such bundle package or obtain any further information in respect of payment methods, billing cycles, automatic renewals or refunds you must contact your provider. Other than this sub-section (b), Section 3 of this Agreement does not apply to you if you have purchased the Services as part of a bundle package from any other third party.
(c) Promotion/Trials. Aestell, vendors, or other third parties with whom we contract to provide the Services may offer special promotions/trials with differing conditions and limitations which may be subject to different terms from these Terms. Any additional terms to these Terms will be disclosed at sign-up or in other communications made available to you prior to sign-up. You are solely responsible for reviewing any additional terms governing your use of such special promotions or trials before accessing any special promotions or trials. At the end of the free or promotional trial period, your subscription will automatically renew for further rolling subscription periods of such duration as set out in the product details when you signed up for the trial or promotion and you will start to pay for the subscription. To avoid any charges, you must cancel before the end of the free trial. You are entitled to only one free trial per lifetime. Any attempt to utilize more than one free trial is an unauthorized use of the Services and/or Service Content and amounts to a breach of the Agreement. If Aestell determines, in its absolute discretion, that you have utilized more than one free trial, Aestell reserves the right to terminate your access to the Services, Service Content, and/or the Agreement.
(d) Purchase. It is not necessary to buy a Subscription to make a purchase on the Aestell. To make a store purchase, you will be prompted to sign in to your account. If you do not have an account, create a free account and choose a username and password. Upon completion of the Store purchase, the purchased program or resources will appear in your account for download. You can download Aestell Store purchases through your aestell.com account. All shopping in the Store is final.
(e) Payment Methods. In connection with any and all Subscriptions that you select to purchase you must provide Aestell with a current, valid, accepted method of payment, which may change from time to time ("Payment Method"). All Subscription purchases are subject to this Agreement and any additional terms and conditions, including any fees, imposed by your financial services provider and/or mobile carrier, as applicable. You are solely responsible for reviewing the terms of use, privacy policy or any other terms governing your use of the services provided by your financial services provider and/or mobile carrier. By providing a Payment Method in connection with any Subscription, you hereby authorize Aestell to debit the total cost of said Subscription and agree to be responsible for any foreign transaction charges associated with your Subscription purchase. Should charges for which you are responsible fail at the time payment is required, you may be responsible for costs associated with Aestell’s efforts to collect amounts due in accordance with applicable laws. You represent and promise to us that all information you provide in connection with the purchase of a Subscription is true, accurate and complete. The duration and cost of Subscriptions are set by Aestell in its sole discretion. When you purchase a Subscription, you will initially be charged at the rate applicable at the time of your initial agreement to subscribe. If the price of the Subscription increases later, we will provide you with written notice before the end of the billing period in which the change is made. If you do not accept the change to your Subscription, you will be entitled to terminate this Agreement.
(f) Billing Cycle. As indicated during sign-up, the fee for certain Subscriptions must be paid in a single upfront payment while other Subscriptions may allow payment on an installment basis. If the Subscription fee is paid in a single upfront payment, the total Subscription fee is due and payable to Aestell immediately upon sale and your Payment Method will be automatically billed at that time. If the Subscription fee is paid on an installment basis, your Payment Method will automatically be billed at the beginning of each installment period as specified during sign-up.
(g) Automatic Renewal. In order to provide continuous service, you agree that Aestell will automatically renew a Subscription on or about the date the Subscription expires. Such renewal will be for the same duration of the original subscription term and will be billed at the non-discounted rate for the Subscription as of the date of your enrollment and according to your original billing cycle method (i.e. either as a single upfront payment or an installment basis). By enrolling in a Subscription, you agree that your Subscription will be subject to the above-described automatic renewals unless you cancel your Subscription in accordance with the terms of this Agreement. You also agree that the amount billed may be different if your original Subscription was purchased using a promotional/trial offer and you authorize Aestell to charge your Payment Method for such varying amounts as indicated at the time of sign-up. You agree that you are responsible for other charges, including any foreign transaction charges, that may be imposed by credit card providers, payment processors or other third parties in connection with your use of the Subscription. Your Subscription will remain in effect and continue to renew automatically until it is cancelled.
IF YOUR ACCOUNT IS MANAGED THROUGH Aestell (AND NOT THROUGH A THIRD PARTY) AND YOU WISH TO CANCEL YOUR AUTOMATIC SUBSCRIPTION RENEWAL, you may do so by visiting your account settings page (https://aestell.com/auth/login), going to the section called “Settings” and clicking on “Change payment type”. Aestell will make reasonable efforts to process cancellation requests within two business days from the receipt of the cancellation request. All other cancellations are required to be made directly through the third party that manages your Aestell Subscription.
(h) Refund Policy. We will not refund any fees paid to us, including any advance charge(s) or payment(s) for any subscription term for the Services, unless otherwise required by law or the terms of this Agreement.
(i) Charge Backs. If you dispute Subscription charges with your credit card company or financial institution, and Aestell’s investigation determines the charges were valid, we may, on reasonable written notice to you, charge to your Aestell account the reasonable required cost of responding to your charge back request. Aestell’s U.S. Privacy Policy details what information Aestell may share with your financial institution as part of the investigation into disputed Subscription charges.
