If Company is purchasing a Profolio plan with a credit card, these Credit Card Terms are incorporated into and form a part of the MSYD Master Service Agreement (the “Agreement”) available at http://www.profolio.com/m/terms-use.

  1. Company’s Credit Card Information. Company agrees that MSYD may share Company’s Order Information with third-party credit card processing companies for the purpose of verifying the accuracy of Company’s Order Information and processing and charging Company’s credit card for Company’s Order.
  2. Order Information. Company agrees to provide true, accurate and complete information in connection with its credit card Order, including Company’s legal name, address, telephone number, email address and billing information (“Order Information”). Company agrees to maintain and promptly update its Order Information and any other information Company provides to MSYD or to a credit card processing company in connection with its use of the MSYD Service. An authorized representative of Company may change Company’s Order Information at any time. MSYD may cancel Company’s credit card Order, upon notice and 5 days’ opportunity to cure, if MSYD determines that Company’s Order Information is not accurate.
  3. Credit Card Charges. By submitting a credit card Order, Company agrees that MSYD is authorized (and will continue to be authorized until the credit card Order is terminated) to charge a MSYD Service fee, including any additional usage fees and any applicable taxes, to the credit card Company provided in connection with its credit card Order. Company acknowledges and agrees that the amount charged may vary from month to month or year to year due to any additional usage fees that may be incurred by Company pursuant to its Plan (as defined below). Company authorizes MSYD to charge Company’s credit card for such varying amounts. MSYD does not guarantee that Company’s credit card will be charged by a specific day of the month. All fees are payable in the currency specified in Company’s credit card Order.
  4. Term of Credit Card Orders. The period of each credit card Order commences when the Order Information has been validated and accepted and continues until the Agreement and/or the credit card Order is terminated or cancelled in accordance with the Agreement (the “Order Term”).
  5. Locked Accounts for Payment Failure. If Company’s credit card cannot be charged for any reason, MSYD may, in addition to any other rights MSYD may have, immediately and without notice to Company, terminate Company’s use of the MSYD Service or suspend Company’s use of the MSYD Service until such time as all applicable charges are successfully applied to Company’s credit card.
  6. Fees Charged by Company’s Credit Card Issuer, Bank or Financial Institution. Company is solely responsible for any and all fees charged to Company’s credit card by Company’s credit card issuer, bank or financial institution, including membership, overdraft, insufficient funds and over-the-credit-limit fees.
  7. No Refunds. All fees are nonrefundable. For clarity and avoidance of doubt, MSYD has no obligation to issue refunds or credits for any unused Entitlements (as defined below), partial months or in connection with any downgrade, cancellation, termination or otherwise.
  8. Changes to Fees and the Agreement. With at least 30 days’ prior notice to Company, MSYD may change the terms (including the fees) and/or Entitlements of Company’s Plan. Company will have an opportunity to cancel or change its credit card Order prior to such changes going into effect. Company hereby acknowledges and agrees that its failure to cancel or change its credit card Order within the 30-day notice period constitutes Company’s affirmative acceptance of the Plan changes.
  9. Cancellation by MSYD. In addition to any other termination rights MSYD has under this Agreement, MSYD may, with at least 30 days’ prior notice to Company, cancel Company’s credit card Order at any time in MSYD’s sole discretion. Any charges incurred by Company up to the cancellation date (pro-rated fees, monthly fees and/or additional usages fees) that have not been charged to Company’s credit card prior to cancellation will be charged to Company’s credit card following cancellation. For clarity and avoidance of doubt, if Company has more than one credit card Order in effect, any cancellation of one credit card Order pursuant to this section terminates that credit card Order only and other credit card Orders remain in effect.
  10. Entitlements. From time to time, MSYD may offer one or more Profolio editions to customers (each, a “Plan”). The usage entitlements (the “Entitlements”) include a defined allotment of Videos and Bandwidth.
  11. Monthly Service Fees. Upon submission of a credit card Order, MSYD will charge Company’s credit card for the first month of the Plan. Thereafter, monthly MSYD Service fees will be charged to Company’s credit card, in advance, on or around the day of the month that the first order was placed, until the credit card Order is terminated.
  12. Additional Usage Fees. If Company exceeds any of the monthly Entitlements of its Plan, MSYD will charge Company’s credit card the additional usage fees identified in Company’s credit card Order in the calendar month following the month in which Company incurred such additional usage fees.
  13. Changes to Company’s Plan.
    1. Upgrades. Company may upgrade its Plan at any time by contacting the Profolio sales team via the Profolio website and completing an upgrade request. Upon submission of a completed upgrade request, (i) Company’s new Plan will take effect and (ii) Company’s credit card will be billed the difference in fees between Company’s existing Plan and its new Plan, prorated for the number of days remaining in the then-current calendar month. The Entitlements in Company’s new Plan will apply to the entire month in which the upgrade goes into effect.
    2. Downgrades. Company may downgrade its Plan at any time by contacting the Profolio sales team via the Profolio website and completing a downgrade request. Company will not be refunded for the difference in fees between its existing Plan and its new Plan. The features of Company’s new Plan will take effect upon submission of a completed downgrade request. The Entitlements in Company’s new Plan will take effect on the first day of the billing cycle after the downgrade goes into effect.
    3. Cancellation by Company. Company may cancel its credit card Order by contacting the Profolio sales team via the Profolio website. Company’s cancellation must be finalized prior to 11:59 pm (Eastern Time) on the last day of the then-current billing period in order for the cancellation to take effect at the end of such pay period. Company will not receive a refund for any days remaining in the pay period after the cancellation takes effect at the end of the current pay period. Any fees (monthly MSYD Service fees and/or any additional usage fees) that are owed and have not been charged to Company’s credit card prior to cancellation will be charged to Company’s credit card following cancellation. MSYD is not responsible for Company’s failure to properly cancel a credit card Order, or for any credit card charges and fees Company may incur as a result of such failure.
  14. Definitions. The following terms have the definitions provided below:
    1. Bandwidth” means the total amount of GBs transferred by MSYD on behalf of Company in connection with Company’s use of the MSYD Service.
    2. GB” means 1,000,000,000 bytes.
    3. User” means a single person, authorized by Company to access and use Company’s Account on Company’s behalf, with a unique username and associated password.
    4. Video” means a video file stored by Company in Company’s Account.