Terms of Service
ZipSellers
These terms and conditions create a contract (the “Agreement”) between you and
ZipSellers.com. This website (the “Site”) is owned by ZipSellers Inc and Top Agent
Connection Inc. and this page explains the terms by which you may use the Site. Please read the Agreement carefully. To confirm your understanding and acceptance of the Agreement, click “Agree.” if you are a consumer, homeowner or homebuyer, you agree to the Terms of Service provided by ZipSellers Inc and Top Agent Connection Inc.
1. Introduction to the Services
This Agreement governs your use of ZipSellers’s services and the use of this Site (collectively the “Services”). The Services are: (1) online advertising services; (2) limited non-exclusive license of EZ Marketing Pages
(http://www.appezlp.com/) proprietary customer relationship management software (the “Proprietary Software”); (3) training in the Proprietary Software; and (4) certain support services provided by EZ Marketing Pages at its sole discretion regarding the Proprietary Software.
To use the Services, you need compatible hardware, software (latest version recommended and sometimes required) and Internet access (fees may apply).
2. Using the Services
Payment, Taxes and Refunds
You understand that prior to ZipSellers providing the Services you shall be required to pay an onboarding fee and enter into a subscription plan. You will also be responsible for an advertising budget.
There are various subscription plans (collectively the “Subscription Plan”). Your specific subscription plan is listed on your invoice. By starting your Subscription Plan, you authorize us to charge fees per the terms of your Subscription Plan, and any other charges you may incur in connection with your use of the Services. You will be automatically charged each month, or in the case of a prepaid plan per the terms of such plan, for your ongoing use of the Services. The onboarding fee and all the Subscription Plans fees are final and nonrefundable.
Once you select a Subscription Plan, the cost of that Subscription Plan is guaranteed for the duration of that Subscription Plan only and does not include any renewals. Except as provided herein, Subscription Plan prices may change at any time with or without notice.
For details about how your payment method is charged, please visit: our Billing Policy available at http://ZipSellers/billing-policies. In the event that this Agreement and the Billing Policy conflicts, this Agreement controls. You are responsible for paying any applicable taxes.
If you intend to dispute any charge related to any of the Services you must contact in writing at [email protected] within thirty days of the disputed charge. You waive any disputes not reported within thirty days of the disputed charge. At ZipSellers’s sole discretion, you may be entitled to a prorated partial refund of any unused portion of your
advertising budget. If technical problems caused by our site, as determined in Agent
Zip’s sole discretion, prevent or unreasonably delay delivery of the Services, your exclusive and sole remedy is either replacement of the Services or refund of the last charge paid.
You may be billed fees, charges and assessments related to late or non-payments if for any reason:
- We does not receive payment for the Services by the payment due date.
- You pay less than the full amount due for the Services.
YOU WILL BE ASSESSED A LATE FEE OF 10% PER MONTH (OR THE MAXIMUM AMOUNT PERMISSIBLE BY LAW IF SUCH AMOUNT IS LESS) FOR ANY PAYMENT AMOUNT THAT HAS NOT BEEN PAID IN FULL AFTER TEN (10) DAYS FROM THE DUE DATE.
ZipSellers does not anticipate that you will fail to pay for the Services on a timely basis,
and we do not extend credit to our customers. Any fees, charges and assessments due to late payment or nonpayment are liquidated damages intended to be a reasonable advance estimate or our costs resulting from late payments and non-payments. These costs will be difficult to calculate or to predict when we set such fees, charges and assessments, because we cannot know in advance:
- Whether you will pay for the Services on a timely basis
- If you do pay late, when you will actually pay
- What costs we will incur because of your late payment or nonpayment.
If we use a collection agency or attorney to collect money owed by you, you agree to pay
the reasonable cost of collection. These costs include, but are not limited to any collection agencies fees,
reasonable attorneys’ fees and arbitration or court costs. If you fail to pay the full amount due for any or all of the Services then ZipSellers, at its
sole discretion in accordance with and subject to any applicable law, may suspend any or all of the Services.
There are no refunds after 48 Hours.
3. Monthly Advertising Budget
You understand and agree that ZipSellers uses your advertising budget, less service fee, to contract with certain other third party providers to place internet advertising (the “Ad Budget”) on your behalf. Your Ad Budget is paid in advance and will be charged monthly at the commencement of your billing cycle. You may amend or cancel your Ad Budget at any time by notifying us in writing at [email protected] (the “Ad Budget Notice”). The amendment or cancellation will be effective in the billing cycle immediately after you provide the Ad Budget Notice.
4. Ongoing Subscription
Unless you cancel your Subscription Plan in writing at [email protected] not more than thirty days and not less than ten days prior to your current Subscription Plan’s expiration date, then your Subscription Plan will automatically be renewed as a month to month Subscription Plan.
5. ZipSellers Account
Using the Services requires a account (the “Account”). The Account is the account you use across ZipSellers’s ecosystem. Your account is valuable, and you are responsible for maintaining its confidentiality and security.We are not responsible for any losses arising from the unauthorized use of your Account. Please contact us if you suspect that your Account has been compromised. The guaranteed minimum is 20 leads per month per
spot. This guarantee is waived however if you choose a market with a population that is less than 100,000 or has less than 50 homes sold per month over the past 12 months on average. Refunds for leads that we fall short of are prorated at $20 each. If we fall short one month, it will be rolled over to the next month and if the guaranteed amount has not been met by month two a pro-rated refund will be issued.
6. Programs Powered by ZipSellers
ZipSellers is a one stop shop for all your marketing and advertising needs. We specialize in buyer and seller lead generation nationwide.
a. ZipSellers Exclusive Buyer/Seller Lead Generation
Can be purchased in zip codes, cities and counties. Each spot is roughly 50,000 in population and comes with a minimum guarantee of 20 leads. Each lead will come in via
text, email and funnel into the dashboard we provide for you. Our system integrates with all other CRM’s, so essentially you can work all of the leads from your own system. We also provide an account with Lion Desk CRM if you don’t have a system you’re happy with.
b. ZipSellers- Lead Screening
Must be complemented with ZipSellers Lead Generation. Our U.S based in-house team
will qualify and screen the leads we’re generating for you. We’ll put them through a qualification checklist to make sure they are eligible to buy a home or not too far out from wanting to list, not under contract with another agent and are serious about meeting with an agent. If they meet all qualification criteria, we’ll send them over via live transfer to you. Each lead will be contacted up to 8 times and you will have a dashboard to view the status of each lead at any given time.
c. ZipSellers- Live Transfers
Can be purchased by the city or county and each area is limited by availability. Each spot comes with 5 live transfers guaranteed that will be a mix of both Buyers/Sellers. Our U.S based in-house team will qualify and screen the leads we’re generating internally. We’ll put them through a qualification checklist to make sure they are eligible to buy a home or not too far out from wanting to list, not under contract with another agent and are serious about meeting with an agent. If they meet all qualification criteria, we’ll send them over via live transfer to you.
7. Privacy
Your use of the Services is subject to our Privacy Policy, which is available at www.ZipSellers.com/privacypolicy.
8. Usage Rules
Your use of the Services and this Site must follow the rules set forth in this Agreement, including but not limited to this section (the “Usage Rules”). Any other use of the
Services and Site is a material breach of this Agreement. We may monitor your use of the Services and Site to ensure that you are following this Agreement and the Usage Rules.
a. You may use the Services and Site only for your commercial purposes. You may not share or sell the
information from the Site or the Services with any other person or entity. b. You may access the Services only using the interface and instruction that we provide. You may not modify or use modified versions of our Site or our software.
- You understand that ZipSellers does not verify whether the Services comply with your jurisdiction’s laws,
rules and regulations. You understand and agree that you are responsible for complying with all applicable laws, regulations and rules. Access to the materials in the Site or use of the Services where illegal is prohibited.
- You may not tamper with or circumvent any security technology included with the Services or the Site.
- ZipSellers’s delivery of the Services does not transfer any rights to you and does not constitute a grant or waiver of any of ZipSellers’s rights towards its intellectual property. f. You agree to not use this Site or any of the Services to: defame, abuse, harass, stalk, threaten or otherwise violate any legal rights of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; and upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
We have the right at our sole discretion to remove any content posted on our Site or through the Services for whatever reason. We are not responsible for any delay or failure in removing such content.
9. Changes to Service / Site
Subject to applicable law, we have the right to change the Services and the Subscription Plan rates, at any time with or without notice. If we do give you notice, it may be provided on your monthly statement, by email, or other communication permitted under applicable law. If you find a change in the Services
unacceptable, you have the right to cancel your Subscription Plan and, notwithstanding anything else in this Agreement, may be entitled to a pro-rata refund. However, if you continue to receive the Services after the change, this will constitute your acceptance of the change.
A. Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use the Services strictly in accordance with this Agreement. Using the Services does not give you ownership of any intellectual property rights in the Services, the Site or the content you access. Do not remove, obscure or alter any legal notices displayed in or along the Services or the Site.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit the software and services that makeup the Services or the Site. You will not upload, post or otherwise make available on this Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. You will indemnify ZipSellers for any claims by third parties of infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission of material by you. The Services are not for resale. Your use of the Services does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. We do not grant you any licenses, express or implied, to the intellectual property of ZipSellers or our licensors except as expressly authorized by this Agreement. No service or product available through this Site, or any part of any Lead’s service or product, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of ZipSellers. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of ZipSellers without express written consent. You may not use any meta tags or any other “hidden text” utilizing our’ name or trademarks without the express written consent of owner. You may not misuse the
Services or the Site. You may use the Services and the Site only as permitted by law. The licenses granted by ZipSellers terminate if you do not comply with this Agreement.
Any content posted by you using any open communication tools on our Site, provided that it doesn’t violate or infringe on any third party copyrights or trademarks, becomes the property of ZipSellers, which is perpetual, irrevocable, worldwide, and royalty-free. This only refers and applies to content posted via the Site, and does not refer to information that is provided as part of the registration process.
B. Third Party Sites
This Site may contain links to other sites that are not owned or controlled by ZipSellers. Please be aware that we are not responsible for the privacy practices of such other sites. Our Privacy Policy applies only to information collected by this Site.
Certain services made available via the Services are delivered by third party sites and organizations. By using any product, service or functionality originating from the Services, you hereby acknowledge and consent that ZipSellers may share such information and data with any third party with whom ZipSellers has a contractual relationship to provide the requested product, service or functionality on behalf of the Services users and
customers.
C. No Warranty
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SITE AND THE
SERVICES IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW. THE SITE AND THE SERVICES PERFORMED OR PROVIDED ARE
PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY
OF ANY KIND, AND ZipSellers HEREBY DISCLAIMS ALL WARRANTIES AND
CONDITIONS WITH RESPECT TO THE SITE AND THE SERVICES, EITHER EXPRESS,
IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY
QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET
ENJOYMENT, AND OF NON INFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR
WRITTEN INFORMATION OR ADVICE GIVEN BY ZipSellers OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY.
D. Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL ZipSellers BE LIABLE
FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL
DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL
DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY
TO USE THE SITE AND THE SERVICES HOWEVER CAUSED, REGARDLESS OF THE
THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF EZAgentLeads
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS
DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO
YOU. IN NO EVENT SHALL ZipSellers’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES
(OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING
PERSONAL INJURY) EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
E. Indemnification
You agree to indemnify, defend and hold harmless ZipSellers, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your violation of this Agreement, use of or inability to use the Services, any user postings made by you,
violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. You will provide notice to ZipSellers of any matter subject to indemnification by you, including but not limited to any claims, lawsuits, investigations or demands within ten days of discovery by you. ZipSellers reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to
indemnification by you, in which event you will fully cooperate with ZipSellers in asserting any available
defenses.
F. Governing Law; Venue
This Agreement and the relationship between you and ZipSellers shall be governed by
the laws of the State of Arizona, excluding its conflicts of law provisions. You and ZipSellers agree to submit to the personal and exclusive jurisdiction of the courts located within the County of San Diego, CA to resolve any disputes or claims arising from this Agreement.
G. Dispute Resolution
Any claim or controversy arising out of or relating to the use of ZipSellers.com’s or
TopAgentConnection.com’s services, to the goods or services provided by ZipSellers or
Top Agent Connection, or to any acts or omissions for ZipSellers or Top Agent Connection which you may contend is liable, including but not limited to any claim or controversy as to arbitrarily (“Dispute”), shall be finally, and exclusively, settled by arbitration venue in San Diego county, California. The arbitration shall be held before one arbitrator under the commercial arbitration rules of the American Arbitration Association (“AAA”) in force at that time. The arbitrator shall be selected pursuant to the AAA rules. Should no AAA rule regarding the selection of an arbitrator be in effect, the consumer shall select an arbitrator from a panel of arbitrators acceptable to ZipSellers.com or
TopAgentConnection.com. In any arbitration, arbitrator will pay the filing fee, plus the costs associated with the first day of arbitration, with the remaining costs of arbitration paid by the non-prevailing party. To begin the arbitration process, a party must make a written demand there for. Any judgment upon the award rendered by the arbitrators
may be entered in any court of competent jurisdiction in San Diego County, California.
The arbitrators shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party
irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement to the consolidation of an arbitration under this agreement with an arbitration of disputes or claims of any nonparty, regardless of the nature of the issues or disputes involved.
H. Waiver of Class Action
There shall be no right or authority for any claims to be arbitrated or litigated on a class action or consolidated basis or on bases involving claims brought in a purported
representative capacity on behalf of the general public, other users of the Site or the Services, or other
persons similarly situated. ZipSellers Inc would not be willing to provide the Services to you absent this waiver. You acknowledge and agree that you are
under no obligation to use this Site or the Services if you are not willing to waive class action rights, and you
expressly agree to this waiver.
I. Miscellaneous
You agree that no joint venture, partnership, employment, or agency relationship exists between you and
ZipSellers as a result of this agreement or use of the Services or the Site. If any provision of this Agreement is determined to be invalid, all other provisions shall remain in full force and effect. No waiver of any breach or default hereunder shall
be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. This Agreement constitutes the entire and only agreements between you and ZipSellers with respect to the Services and the Site, and supersedes all other communications and agreements with respect to the subject matter thereof.
J. Electronic Communications
Visiting this Site or sending emails to ZipSellers constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
K. Digital Millennium Copyright Act (DMCA)
In the event materials are made available to this Site by third parties not within our control, we are under no obligation to, and do not, scan such content for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Site. If you believe any materials on the Site infringe a copyright, you should provide us with written notice that at a minimum contains:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
All DMCA notices should be sent to our designated agent as follows:
ZipSellers Inc 2535 Camino Del Rio S suite 303 San Diego, CA 92108 [email protected]
It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.
L. Special Provisions Applicable to Users Outside the United States
The following provisions apply to users who interact with ZipSellers outside the United States:
You consent to having your personal data transferred to and processed in the United States.
If you are on the U.S. Treasury Department’s list of Specially Designated Nationals you will not engage in commercial activities on ZipSellers. You will not use the Services or
the Site if you are prohibited from receiving products, services, or software originating from the United States.
Billing Policy
ZipSellers Inc is a California S-Corporation (collectively, “ZipSellers”). This page explains the ZipSellers billing terms and conditions for the online services provided on or in connection with the services provided by ZipSellers.com (the “Services”).
By purchasing the Services, setting up an account to use the Services (“Account”), accessing the information, resources, services, products, and tools ZipSellers provides, you understand and agree to accept and adhere to the following terms and conditions as stated in this policy
(“Billing Policy”) along with the terms and conditions as stated in our Terms of Service https://www.ZipSellers.com/terms-of-service and Privacy Policy ZipSellers.com/privacy-policy.
General Billing
To the extent the Services or any portion thereof is made available for any fee, you will be required to select a payment plan and provide ZipSellers information regarding your credit card or debit card (collectively, “Payment Instrument”). Acceptable Payment Instruments are credit or debit cards issued by American Express, MasterCard, Discover and Visa. Checks are not an accepted method of payment at this time.
You represent and warrant to ZipSellers that such information is true and that you are authorized to use the Payment Instrument. You will promptly update your Account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. This can be done in the “credit card” section of your portal.
- You will be issued an invoice detailing charges dependent upon the payment plan you have selected. Once this invoice is received, the service term will commence and all corresponding payments are due and owing.
You agree to pay ZipSellers the amount that is specified in the payment plan in accordance with the terms of such plan subscription and this Billing Policy. You hereby authorize ZipSellers to bill your Payment Instrument in advance on a periodic basis in accordance with the terms of the applicable payment plan until you terminate your Account, and you further agree to pay any charges so incurred.
ZipSellers reserves the right to change plan subscription prices. If ZipSellers does make a pricing change, ZipSellers will provide notice of the change on the Site or in email to you, at ZipSellers’s option, at least thirty (30) calendar days before the change is to take effect. The pricing change will take effect on first Billing Date after your initial plan subscription period. Your continued use of the Services after the price change becomes effective constitutes your agreement to pay the changed amount. Accounts
- All Accounts are set up on a prepaid basis. Payment must be received by ZipSellers before any Service is provided and the Account is activated. You are required to keep a
valid Payment Instrument on file to charge for recurring monthly plan subscription fees, recharging your account balance or add on services.
- All international customers must pay by a Payment Instrument accepted by ZipSellers. ZipSellers does not accept international checks.
- Plan subscription billing is based on availability of products and services, not based on usage. The Set-up Fee is a one-time non-refundable charge to create your Account.
- Customers are responsible for keeping all Payment Instrument details and contact information current. All programs that come with a recurring plan subscription, are automatically invoiced and charged to the Payment Instrument on file.
- Invoice and payment receipts are available to customers upon request or through our Billing Department. You can reach the Billing Department by emailing [email protected].
Billing Cycle
● All Payment Instruments are automatically charged on your specific billing cycle date or auto-debited when your account has reached it’s renewal date. Monthly subscription billing periods when applicable, typically begin on the day of the month in which your Account was activated (“Billing Date”). If the Payment Instrument is declined on the Billing Date, the Account is disabled and deactivated. ZipSellers will attempt to charge the Payment Instrument on file for no more than ten (10) calendar days. ● ZipSellers will attempt to charge the Payment Instrument on file for the full term of the contract.
● All Accounts more than ten (10) calendar days past due may be assessed a late fee of 10% (or the maximum amount permissible by law if such amount is less
than 10%). No more than three (3) attempts to contact the customer will be made before any late fee is assessed.
- Any Account that is past due will be disabled until balances are paid in full. When disabled, all access will be suspended and data will be unavailable.
- After an Account is delinquent for thirty (30) calendar days, it will be cancelled.
Once cancelled, you will not be able to recover any files until the Account is current. Application data will be stored for 90 days post cancellation. After that, application data will not be available. Further, the Account record and delinquent balance will be submitted to a third-party collection service.
Fees
● ZipSellers may, at its sole discretion, charge a $25.00 late fee for Accounts that are thirty
(30) days or more past due.
- Interest: Any charges not paid when due are subject to interest at a rate equal to the lesser of: (i) one and one-half percent (1.5%) per month; or (ii) the maximum interest rate allowed by applicable law.
Plan Subscription Billing
Payment plans depend on the program you have signed up for. With our prepaid monthly programs, your initial payment will start your account, it will not start once your Terms of Service (contract) is signed, although, we expect to have that back the same day or within 24 hours of initial payment. Once your account is active, your renewal date will fall within a 30 day billing cycle unless stated otherwise. For monthly subscription services and the event of cancellation, you will still have access to your applications through the end of your current billing period.
ZipSellers will not prorate any portion of unused credit you may have in your account balance. All plan subscription fees are nonrefundable.
Cancellations
If you wish to cancel your service, ZipSellers must be notified 30 days in advance. Cancellations made at the end of the plan subscription period or thereafter, must be submitted in writing to [email protected] and confirmed in writing by a ZipSellers representative. Email cancellation requests, alone, do not constitute acceptance of any cancellation. The cancellation is not complete until you receive a writing from the ZipSellers representative confirming cancellation. Customers are encouraged to keep records of all cancellation communication. Cancellations will take effect on the last day of the billing period in which the cancellation request was received.
Closing an Account with ZipSellers cannot be done by simply canceling the Payment Instrument. ZipSellers will continue to treat this as an open Account and the billing cycle will continue, resulting in a past due Account that may be turned over to a third-party collection service. It is imperative that Account cancellation is done through a ZipSellers representative to ensure Account closure.
Cancellation of an Account does not dismiss outstanding invoices. At the time of cancellation, any outstanding balance must be settled. All cancelled Accounts with an outstanding balance may be automatically turned over to a third-party collection service.
All available balances must be used before final cancellation date (30 days from notice of cancellation). Refunds will not be issued for any unused credit left after the final cancellation date.
Billing Disputes
You agree to provide ZipSellers thirty (30) if days to attempt settlement of any billing dispute before disputing with any third-party Payment Instrument company or bank. ZipSellers must be the first option in billing disputes. Please email [email protected] before disputing any payment processed through ZipSellers. Should ZipSellers receive a chargeback from a thirdparty Payment Instrument company or bank on the customer’s behalf before ZipSellers has been given a chance to resolve the issue, ZipSellers has the right to collect on the rendered services and any fees associated with those disputes. Regardless of the outcome of the chargeback, ZipSellers retains the right to collect on any rendered services or fees that are due. ZipSellers will submit any disputed amounts to a collection agency. Once a chargeback has been received, ZipSellers will immediately suspend the Account until the matter is resolved
If we use a collection agency or attorney to collect money owed to us by you, you agree to pay the reasonable costs and fees associated with such collection. These include, but are not limited to any collection agency’s fees, reasonable attorneys’ fees and arbitration or court costs.
Refunds
Pre-paid account credit, monthly subscription fees, and any set-up charges are nonrefundable after 48 hours.