This Agreement is in addition to, and not in lieu of, the eSurplus Network Terms of Use Agreement to which you agree when you initially use the Site (as defined in the Terms of Use Agreement). By completing the subscription checkout process, you not only agree to the terms set forth herein, but you reaffirm your consent to the Terms of Use Agreement. The Terms of Use Agreement is hereby incorporated by reference hereto and made a part of this Subscription Agreement. For purposes of this Agreement, "Activation Date" means, for each specific Subscription (as defined below) to which you have elected to subscribe, the date on which eSurplus Network first activates such Subscription.
You may purchase a subscription to one of the following services (each, a "Subscription"):
"Annual Subscription": a subscription-based online listing service for a single user ("eSurplus Network Subscriber"), billed annually, that provides the subscriber the ability to create unlimited listings on esurplusnetwork.com that remain active AS LONG AS THE SUBSCRIPTION IS CURRENT. "Unlimited" means that there are no limits to the number of items the user is able to create and activate while they are a subscribed user.
"Quarterly Subscription": The same terms and services offered of "Annual Subscription" apply, except that the subscriber is billed on a quarterly (3 months) basis.
"Monthly Subscription": The same terms and services offered of "Annual Subscription" apply, except that the subscriber is billed on a montly basis.
By subscribing to any Subscription, you hereby represent to us that you are authorized to use the credit card you submit for payment. If you are paying on behalf of another person, then you hereby agree to the terms of this Agreement and agree to take responsibility for the actions of such person, any charges associated with that person's use of any of the Subscription Services, and that person's compliance with this Agreement.
Users may utilize the subscription belonging to the company at which they are employed ("the company"). Users will automatically have access to the subscription after joining the company. Only employees of the company are authorized to use the subscription belonging to the company. Any unauthorized use of the company's subscription may be reported to support@esurplusnetwork.com so that appropriate action can be taken. If the company's subscription is cancelled or terminated for any reason, all listings created under said subscription will be deactivated.
By subscribing to one of the Subscriptions, there are no fees in addition to the subscription price that will be charged. Any costs or fees incurred to the subscriber as a result of the usage of the credit card are not the responsibility of eSurplus Network.
Monthly, quarterly, and annual subscriptions will renew automatically unless you terminate your membership prior to your renewal date. At the time of renewal, your credit card will be charged the current fee for your renewed Subscription, provided that if the fee for your renewal Subscription increases, we will notify you at your designated email address at least fourteen (14) days prior to renewal so that you have an opportunity to elect not to renew. If for any reason you decide not to renew your subscription, your subscription's expiration date will continue for the full duration of time paid for on your previous renewal date.
Your credit card will be charged for the renewal of the Subscription to which you have elected to subscribe on your billing date ("Billing Date"). The Billing Date for your renewed subscription shall be on the applicable anniversary of your Activation Date (e.g. twelve month anniversary). If, however, your Activation Date is on the 29th, 30th or 31st day of a month, and your Billing Date does not exist because there are fewer than thirty-one (31) days in the month payment is due, your Billing Date for that particular renewal will be on the last day of the month in which your Billing Date would otherwise be.
Except as otherwise expressly set forth above, all fees and charges, including charges for automatically renewed Subscriptions, are nonrefundable. However, you may terminate the Subscription to which you have elected to subscribe at any time by contacting us at any time by email at sales@esurplusnetwork.com or by phone at (432) 559-0506 and providing us your subscription information.
All payments must be made by VISA, MasterCard, Discover, JCB, or Diner's Club. We also accept checks. Your card issuer agreement governs your use of your designated card in connection with the Subscription to which you have elected to subscribe, and you must refer to that agreement and not this Subscription Agreement to determine your rights and liabilities as a cardholder. YOU, AND NOT ESURPLUS NETWORK, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY, WHICH WERE NOT AUTHORIZED BY YOU. You agree to pay all fees and charges incurred in connection with the Subscription to which you have elected to subscribe (including any applicable taxes) at the rates in effect when the charges were incurred. If eSurplus Network does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by eSurplus Network.
Unless you notify eSurplus Network in writing of any discrepancies or unauthorized charges within sixty (60) days after they first appear on your credit card statement, they will be deemed accepted by you for all purposes, including resolution of inquiries made by your card issuer. You release eSurplus Network from all liabilities and claims of loss resulting from any error or discrepancy that is not reported to eSurplus Network in writing within sixty (60) days of its first appearance on an invoice or credit card statement.
Your account may be deactivated without notice to you if payment is past due, regardless of the dollar amount. You agree to pay any outstanding balance in full within thirty (30) days of cancellation or termination of your subscription to the applicable Subscription(s).
You are responsible for paying any governmental taxes imposed on your use of the Subscription , including, but not limited to, sales, use or value-added taxes.
ESURPLUS NETWORK RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS SUBSCRIPTION FEES AND BILLING METHODS, INCLUDING THE ADDITION OF SUPPLEMENTAL FEES OR SEPARATE CHARGES FOR CONTENT, OR SERVICES PROVIDED BY ESURPLUS NETWORK, EFFECTIVE UPON FOURTEEN (14) DAYS NOTICE TO YOU AT YOUR DESIGNATED EMAIL ADDRESS. If any such change is unacceptable to you, you may terminate the Subscription to which you have elected to subscribe by contacting us at any time by email at sales@esurplusnetwork.com or by phone at (432) 559-0506 and providing us your subscription information. YOUR CONTINUED USE OF THE SUBSCRIPTION FOLLOWING THE EFFECTIVE DATE OF A CHANGE TO FEES OR BILLING METHODS SHALL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGE.
You may terminate Subscription at any time by contacting us at any time by email at sales@esurplusnetwork.com or by phone at (432) 559-0506 and providing us your subscription information. Once you have terminated the Subscription to which you have elected to subscribe, we will stop billing your credit card until and unless you re-subscribe to a Subscription. All fees paid and charges made prior to termination as provided herein are nonrefundable, including any advance charge or payment for the subscription term during which you terminate the Subscription to which you have subscribed. Termination of such Subscription shall not relieve you of any obligations to pay accrued charges.
You agree that eSurplus Network, in its sole discretion, with or without prior notice, may freeze or terminate your account or use of any Subscription(s) for any reason, including, without limitation, if eSurplus Network believes that you have violated or acted inconsistently with the letter or spirit of this Subscription Agreement or the Terms of Use Agreement. eSurplus Network may also in its sole discretion and at any time modify or discontinue providing any Subscription, or any part thereof, with or without notice. Further, you agree that eSurplus Network shall not be liable to you or any third-party for any interference with or termination of your access to any Subscription. Notwithstanding the foregoing, if eSurplus Network suspends or terminates your use of any Subscription(s) to which you have subscribed without cause it will (a) extend the term of such Subscription(s) by the amount of time such Subscription(s) was suspended or (b) refund a pro-rata amount based on the remainder of the term of such Subscription(s), as applicable.
You agree to provide true, accurate, current and complete information about yourself and your billing information as prompted by the process of subscribing to a Subscription (such information being the "Account Information").
You may update any of your Account Information, designate a different credit card to be billed, or change the applicable expiration date on your currently designated credit card, by clicking on the billing information link on the primary (left) navigation bar of the member dashboard of esurplusnetwork.com and entering the appropriate information.
We shall treat all of your Account Information in accordance with our Privacy Policy.
You are solely and entirely responsible for maintaining the confidentiality of your password, and for any and all activities that occur under your account. If you believe someone has accessed any Subscription using your user name and password without your authorization, it is your responsibility to immediately notify us at support@esurplusnetwork.com and set up a new username and password by clicking on the my account link on the top navigation bar of the home page of esurplusnetwork.com and selecting the account information link. eSurplus Network will not be liable for any loss or damage arising from unauthorized use of your account.
We recommend that you use the latest version of your favorite browser (save linx) and keep your computer up to date on security patches. Doing so will ensure the smoothest and most secure operation of our website.
eSurplus Network will make reasonable efforts to keep your account and the Subscription operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. We will make reasonable efforts to notify you at least twenty four (24) hours in advance of any downtime that we anticipate in advance will exceed one hour.
This Subscription Agreement was last revised and posted on the Site April 29, 2010 to have effect from and after April 29, 2010.
