Effective Date: March 1, 2020
This Fee and ACH Authorization Agreement (this “Agreement”) provides information on the fees GetSound System Group, LLC d/b/a GetSound.com charges for use of the Site’s communication, invoicing, dispute resolution and payment services, including Payment Protection, and includes eligible Users’ authorization for debits and credits from and to their designated bank accounts via the automated clearing house network (“ACH”). This Agreement is part of the Terms of Service. Capitalized terms not defined in this Agreement are defined in the User Agreement, elsewhere in the Terms of Service, or have the meanings given such terms on the Site.
By continuing to use the Site or the Site Services on or after the Effective Date, you accept and agree to this Agreement. To the extent permitted by applicable law and except as otherwise provided in the Terms of Service, we may modify this Agreement without prior notice to you, and any revisions to this Agreement will take effect when posted on the Site unless otherwise stated. Please check the Site often for updates.
1. FEES CHARGED TO PROFESSIONALS
Pursuant to the User Agreement, GetSound.com may charge Professionals a GetSound.com Site Subscription Fee in addition to a Service Fee for each Engagement. Subscription Fees will be charged as tiered pricing, as discussed in Sections 1.1 through 1.3 below. Where applicable, GetSound.com may also collect taxes (such as value added tax [VAT] in Europe) on Subscription and Service Fees.
1.1 SUBSCRIPTION FEES FOR INDIVIDUAL PROFESSIONAL MEMBER ACCOUNTS (INDIVIDUAL VETERINARIAN AND FARRIER ACCOUNTS)
GetSound.com may charge the following Individual Professional Member subscription fees (for single users):
- $19.99 per monthly subscription
- $199 per annual subscription
- $975 per 5-year subscription
1.2 SUBSCRIPTION FEES FOR SMALL PRACTICE MEMBER ACCOUNTS (SMALL VETERINARY PRACTICE AND FARRIER ASSOCIATION ACCOUNTS)
GetSound.com may charge the following Small Practice Member subscription fees (for up to 5 users):
- $49.99 per monthly subscription
- $499 per annual subscription
- $2475 per 5-year subscription
1.3 SUBSCRIPTION FEES FOR LARGE PRACTICE MEMBER ACCOUNTS (LARGE VETERINARY PRACTICE ACCOUNTS)
GetSound.com may charge the following Large Practice Member subscription fees (for 6 or more users):
- $79.99 per monthly subscription
- $799 per annual subscription
- $3975 per 5-year subscription
1.4 SUBSCRIPTION FEES FOR UNIVERSITY MEMBER ACCOUNTS (VETERINARY TEACHING HOSPITAL ACCOUNTS)
GetSound.com may charge the following University Member subscription fees (unlimited farrier and veterinary users):
- $99.99 per monthly subscription
- $999 per annual subscription
- $4975 per 5-year subscription
1.5 GETSOUND.COM SERVICE FEE
Services Fees are paid entirely by the Professional or Corporate Member at the conclusion of the Consultation Service and comprise a percentage of the Consultation Fee. The Service Fee may be a fixed percentage of the Consultation Fee or may vary depending on the Promotional Status of the Professional or Corporate Member performing the Consultation as described in the Professional Evaluator Promotion Program:
- “Bronze” Professional and Corporate Members may be charged a GetSound.com Service Fee totaling 30% of each Consultation Fee
- “Silver” Professional and Corporate Members may be charged a GetSound.com Service Fee totaling 25% of each Consultation Fee
- “Gold” Professional and Corporate Members may be charged a GetSound.com Service Fee totaling 20% of each Consultation Fee
We will notify you by email and by posting a notice on the Site of the date Tiered Pricing may apply to your new Service Contracts. Until we provide such notice, Straight Pricing (i.e., a Bronze Service Fee of 30% of Consultation Fees) applies to your Service Contracts.
You may not misrepresent Professional Services or Service Contracts in order to avoid or elect Tiered Pricing.
2. FEES CHARGED TO CLIENTS
2.1 CONSULTATION FEE
There are a fixed number of discrete Consultation Services offered on the GetSound.com Site. Each Consultation Service is assigned a minimum (recommended) fee which is paid entirely by the Client. Minimum Consultation Fees are listed in Table 1 (below). Each Getsound.com Professional Member retains the right to increase the minimum fee associated with a Consultation Service at his/her discretion.
If payments made by a Client are released to the Client Escrow Account for any reason or refunded by a Professional, the GetSound.com Service Fee, if applicable, will not be refunded.
3. AUTHORIZATION FOR ACH DEBITS AND CREDITS
If and to the extent permitted by GetSound.com in its sole discretion, Clients may pay Professional Fees and other fees owed under the Terms of Service from their designated bank accounts. Subject to GetSound.com’s eligibility requirements, if you elect to pay Professional Fees and other fees owed under the Terms of Service via ACH transfers from your designated bank account, you hereby authorize GetSound.com to electronically debit and, if necessary, electronically credit your designated bank account via ACH for such fees pursuant to the Terms of Service, and you agree to comply with the ACH rules issued by the National Automated Clearing House (“NACHA”) and all applicable laws, including, but not limited to, the federal Bank Secrecy Act, the U.S.A. Patriot Act, and economic sanctions overseen by the Office of Foreign Assets Control (OFAC). Your authorization for ACH transfers contained in this Section 3 will remain in full force and effect until you notify us that you wish to revoke your authorization by removing your bank account information from your Profile or by contacting Customer Support. You understand that we require at least one (1) business day’s prior notice in order to cancel your authorization for ACH transfers contained in this Section 3.
You must notify us of any change in your designated bank account’s information at least five (5) business days before any such change by updating your bank account information in your Profile or by contacting Customer Support. If we do not receive notice at least five (5) days before any such change, we may attempt, in our sole discretion, to implement such change prior to any ACH debit or credit transfer performed pursuant to your authorization provided in this Section 3. However, we assume no responsibility for our failure to do so.
You may view a history of your Account transactions by logging in to the Site. You are solely responsible for promptly reconciling your Account transaction history with the transaction records for your bank account. You must notify us of any errors or discrepancies in your Account transaction history (each, an “Error”) within 30 days of when the Error could be viewed in your Account transaction history on the Site. If you do not notify us of an Error within 30 days of when the Error could be viewed in your Account transaction history on the Site, you will forfeit the right to contest the Error, except to the extent such forfeiture is prohibited by applicable law or the NACHA rules.
Subject to the foregoing notice requirement: (a) if and to the extent an Error is caused by us, we will correct the Error and (b) if an Error is caused by you, we may, but are under no obligation to, attempt to correct the Error and will offset any costs we incur from any funds returned to your bank account or your Client Escrow Account, as applicable.