WeddingWire Terms of Purchase
Last Revised June 1, 2013
TERM AND RENEWAL:
Professional, Featured, and Spotlight Memberships. WeddingWire's Professional, Featured, and Spotlight Memberships last for a fixed Initial Term, currently one year. After that Initial Term is over, the membership will expire unless you agree to renew it for one or more Renewal Terms or unless your membership specifically provides for auto-renewal. Even if we give you the option to divide payments for the Initial Term or a Renewal Term over multiple payment periods, your purchase of a Professional, Featured, and Spotlight Membership is a commitment to purchase one full term of that membership.
Standard Memberships. If you buy a Standard Membership from WeddingWire, your membership will be one of the following two types, which you will select at the time of purchase.
Month-to-Month. If you purchase a monthly Standard Membership from us, it will last for a one month Initial Term and continue to renew for monthly Renewal Terms on a month-to-month basis unless and until you cancel it (by using the Billings page) or we terminate it. You must cancel your membership before it renews each month in order to avoid billing of the next month's membership fees. We will bill the monthly membership fee to the payment source you have provided us during registration or to a different payment source if you change your account information. Membership fees are fully earned upon payment. We do not provide refunds or credits for partially used periods.
One Year Plus Month-to-Month. If you purchase this type of Standard Membership from us, you agree to a minimum one-year Initial Term. After that Initial Term, the membership will continue to renew for additional Renewal Terms on a month-to-month basis under the terms specified in section (1), above, until you cancel it (by using the Billings page). Membership fees are fully earned upon payment. We do not provide refunds or credits for partially used periods.
PRICING WeddingWire reserves the right to change the fees and charges in effect, or to add new fees and charges from time to time, but we will give you advance notice of any such changes via e-mail.
WEDDINGWIRE AND EVENTWIRE NETWORK The WeddingWire Network and EventWire Network is continually evolving. There is no guaranty that during the Initial Term or any Renewal Term that any third-party partners that belong to the WeddingWire Network and the EventWire Network will remain the same. Partners may be added or removed at any time without notice to Customer.
AD CREATIVE AND DESIGN MAINTENANCE RESPONSIBILITY
VENDOR RESPONSIBILITIES REGARDING OTHER SERVICES Customer is responsible for operation of any other tools or services provided by WeddingWire to Vendor, including keeping current its business and contact information, sending information and responding to client or prospective clients. WeddingWire is not responsible for the content of any contracts, communications, or interactions (the "Interactions") between Customer and its clients using WeddingWire-provided tools or services and shall have no liability for such Interactions.
GENERAL PAYMENT TERMS Customer may purchase products and/or services hereunder in a variety of ways including: (i) Self-Checkout; (ii) email sales quote; (iii) providing a credit card while on the phone with a WeddingWire sale representative; or (iv) a signed order form. By completing the purchase transaction, Customer agrees to pay for the products and services provided by WeddingWire with a valid credit card or check payment. Customer may not change the form of payment without WeddingWire's consent.
UPGRADING PRODUCTS & SERVICES Customer may add or upgrade additional products and/or services at any time by contacting Customer's WeddingWire account manager or by accessing Customer's WeddingWire self-service features on the Web. Upgrades to existing products and services will be deemed as a new contract with the pro-rated refund on the unused portion of the preexisting Initial Term or Renewal Term applied to the new contract as a credit. The fees for new products and services will be based upon the then current, generally applicable fees.
U.S. DOLLARS & U.S. TRADE REGULATIONS Customers will be billed in U.S. Dollars and subject to U.S. payment terms. In no event shall any transactions be in violation of U.S. trade regulations. There shall be no refunds for products and/or services provided by WeddingWire. All amounts required to be paid hereunder do not include any amount for taxes or levy (including interest and penalties). Customer shall pay all sales, use, VAT, excise, property or other taxes or levies which WeddingWire is required to collect or remit to applicable tax authorities.
CREDIT CARDS WeddingWire may accept credit cards and WeddingWire may automatically charge Customer's credit card in accordance with Customer's payment plan. If any fee is not paid on time or WeddingWire is unable to process Customer's credit card, WeddingWire may revoke access to Customer's account. Customer will not perform a chargeback for the fees paid hereunder by credit card. In the event Customer pays the applicable fees by credit card and Customer performs a chargeback on such fees, Customer shall be liable to WeddingWire for an amount equal to two times the applicable fee. WeddingWire may periodically authorize your card in anticipation of membership or related cards. If your credit card reaches its expiration date and you do not edit your payment information or cancel your account, you authorize us to continue billing that payment source and you remain responsible for any uncollected amounts.
TERMINATION WeddingWire may terminate this Agreement for cause upon five (5) days written notice of a breach to Customer if such breach remains uncured at the expiration of such period. In the event of any termination or expiration of this Agreement, WeddingWire shall retain the right to keep any and all member reviews of Customer posted on the Website as well as basic directory information of Customer associated with such reviews, including without limitation, business name, address, and telephone number. Customer may not terminate or cancel this Agreement. Customer must fulfill the Initial Term or any Renewal Term for which it has committed.
NONPAYMENT If the Customer does not make payments on time based on their payment schedule, WeddingWire's delinquency process is as follows: (i) Customer account is suspended and access is revoked; (ii) Customer has five (5) days to bring to current balance after notification (which may include email notice); (iii) After five (5) days, the account is terminated and Customer's access to Customer's WeddingWire account is permanently revoked; and (iv) If Customer wants to reinstate Customer's account with WeddingWire after termination, Customer must: (a) Pay the outstanding balance in full; and: (b) Execute a new one year agreement (paid in full) and fulfill the entire agreement.
EARLY BUY-OUT Customer, at any time during the Initial Term or a Renewal Term, may buy out the remaining amount for such term with one-time payment equal to the remaining fee due for the remainder of the Initial Term or Renewal Term, as applicable. Upon WeddingWire receiving such payment, the Customer may choose to downgrade to a Basic Listing.
INCORRECT BILLING If Customer believes WeddingWire has billed incorrectly, Customer must contact WeddingWire in writing no later than thirty (30) days after the Billing Date on the first billing statement in which the error or problem appeared.
ENTIRE AGREEMENT This Agreement, including any documents incorporated by reference, shall constitute the entire agreement between the parties regarding the subject matter hereof and supersede all proposals and prior discussions and writings between the parties with respect thereto
MODIFICATIONS The parties agree that this Agreement cannot be altered, amended or modified, except by a writing signed by an authorized representative of each party.
NO WAIVER No failure or delay in enforcing any right or exercising any remedy will be deemed a waiver of any right or remedy.
SEVERABILITY AND REFORMATION Each provision of this Agreement is a separately enforceable provision. If any provision of this Agreement is determined to be or becomes unenforceable or illegal, such provision shall be reformed to the minimum extent necessary in order for this Agreement to remain in effect in accordance with its terms as modified by such reformation.
WARRANTY EXCLUSION THE PRODUCTS AND/OR SERVICES PROVIDED BY WEDDINGWIRE ARE PROVIDED "AS IS", "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO THE APPLICABLE LAW, WEDDINGWIRE DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR OTHER VIOLATION OF RIGHTS. THE PRODUCTS AND/OR SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS, INCLUDING, WITHOUT LIMITATION, WARS, TERRORIST ATTACKS, STRIKES, RIOTS, EARTHQUAKES, HURRICANES, TORNADOES, VOLCANOES, MAJOR WEATHER EVENTS, INTERNET CONGESTION, ATTACKS ON OR FAILURE OF INFRASTRUCTURE, TROJAN, VIRUS OR MALWARE, AND DENIAL OF SERVICE (DOS) ATTACKS (THE "FORCE MAJEURE EVENTS"). WEDDINGWIRE IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM THESE FORCE MAJEURE EVENTS.
CONTACT INFO For all questions related to billing, please contact WeddingWire at firstname.lastname@example.org or by contacting us at 1-301-231-WIRE (9473).