a. The initial term of this Agreement
shall be as set forth in the Order Form
(the "Initial Term"). The
Initial Term shall begin upon commencement
of the Services to Customer. After the
Initial Term, this Agreement shall automatically
renew. ADDITIONALLY AFTER THE INITIAL
TERM, YOU ACKNOWLEDGE, AGREE AND AUTHORIZE
ONESMARTFINANCIAL.COM TO AUTOMATICALLY
BILL AND/OR CHARGE ON YOUR CREDIT CARD
FOR SUCCESSIVE TERMS OF EQUAL LENGTH
AS THE INITIAL TERM, UNLESS TERMINATED
OR CANCELLED BY EITHER PARTY AS PROVIDED
IN THIS SECTION. The Initial Term and
all successive renewal periods shall
be referred to, collectively, as the "Term."
b. This Agreement may be terminated
i. by either party by giving the other
party thirty (30) days prior written
notice (subject to a prorated fee payable
by Customer as provided below),
ii. by ONESMARTFINANCIAL.COM in the
event of nonpayment by Customer,
iii. by ONESMARTFINANCIAL.COM, at any
time, without notice, if, in ONESMARTFINANCIAL.COM's
sole and absolute discretion and/or
judgment, Customer is in violation of
any term or condition of the this Agreement
and related agreements, AUP, or Customer's
use of the Services disrupts or, in
ONESMARTFINANCIAL.COM's sole and absolute
discretion and/or judgment, could disrupt,
ONESMARTFINANCIAL.COM's business operations.
c. If you cancel this Agreement prior
to the end of the Initial Term or any
Term thereafter,
i. you shall be obligated to pay all
fees and charges accrued prior to the
effectiveness of such cancellation,
ii. ONESMARTFINANCIAL.COM shall refund
to you all pre-paid fees for basic listing
services (shared, dedicated and/or managed)
for the full months remaining after
effectiveness of cancellation (i.e.,
no partial month fees shall be refunded),
less any setup fees and any discount
applied for prepayment,
iii. you shall be obligated to pay 100%
of all charges for all Services for
each month remaining in the Term (other
than basic hosting fees as provided
in (ii) above). Any cancellation request
shall be effective thirty (30) days
after receipt by ONESMARTFINANCIAL.COM,
unless a later date is specified in
such request.
d. ONESMARTFINANCIAL.COM may terminate
this Agreement
i. if the Services are prohibited by
applicable law, or become impractical
or unfeasible for any technical, legal
or regulatory reason, by giving Customer
as much prior notice as reasonably practicable
or
ii. immediately by giving written notice
to Customer, if ONESMARTFINANCIAL.COM
determines in good faith that Customer's
use of the Web site or the Customer
Content violates any term or condition.
If ONESMARTFINANCIAL.COM cancels this
Agreement prior to the end of the Term
for your breach of this Agreement and
related agreements, the Customer's use
of the Services disrupts, ONESMARTFINANCIAL.COM
shall not refund to you any fees paid
in advance of such cancellation and
you shall be obligated to pay all fees
and charges accrued prior to the effectiveness
of such cancellation; further, you shall
be obligated to pay 100% of all charges
for all Services for each month remaining
in the Term and ONESMARTFINANCIAL.COM
shall have the right to charge you an
administrative fee of $50.00.
e. Upon termination of this Agreement
for any cause or reason whatsoever,
neither party shall have any further
rights or obligations under this Agreement,
except as expressly set forth herein.
Termination of this Agreement and retention
of pre-paid fees and charges shall be
in addition to, and not be in lieu of,
any other legal or equitable rights
or remedies to which ONESMARTFINANCIAL.COM
may be entitled.
Listing Cancellation Policy
Please submit any cancellation via email
to CancelListing@OneSmartFinancial.com,
Email cancellations must contain the
following: First name, last name, and
email address. This information must
be identical to the information originally
submitted when you signed up. Please
provide contact information so that
we may contact you if we have questions
in regards to canceling your order.
