This Agreement is made between you and Foscam Inc. (hereinafter referred to as “Foscam”) on the authorized automatic fee debit service (hereinafter referred to as “Service”). The Agreement describes the rights and obligations on the use of the Service and the related aspects between you and Foscam. This Agreement constitutes the precondition of you (no matter an individual or entity) using the Service provided by Foscam, unless you accept this Agreement, you would not be entitled to use the Service; and when you choose to use the Service, you will be deemed to have accepted the binding of every provision of the Agreement.

2.1 The Service is to satisfy your requirement of automatic fee payment to avoid any loss that might incur because of your neglecting or unable to make timely payment after you have subscribed the Service. You authorize Foscam to debit the Monthly Fee payable of your next fee charging period for the Service from the third party payment account (hereinafter referred to as “Account”) you bound to your Foscam account. If you pay with WorldPay, you authorize Foscam to save your truncated card number (i.e. the last four digits), which will be used to charge the Monthly Fee of the next fee charging period from your account.The premise of the Service realization is that you have bound your Foscam account to your Account from which payment could be successfully debited.

2.2 Automatic payment means that based on the premise of Article 2.1 herein, Foscam charges you the Monthly Fee payable for your next fee charging Service period through the above Account which you shall guarantee to have sufficient money to enable our charge to be successful, any failure of fee payment because of insufficient balance of the above Account shall be borne by yourself.

2.3 When you enjoy the Service, you should be subject to Foscam Cloud Service Consecutive Monthly Package Agreement. When you use the Service, you are deemed to have agreed with the service agreements of the Service and any public notifications issued by Foscam for the Service.

2.4 The Service provided by Foscam to you is only for you to use on the Foscam cloud platform, any act attempting to separate the Service from the Foscam cloud platform through means of malicious break etc. shall not belong to the Service agreed in the Agreement and any legal result so caused shall be borne by the doer, and Foscam shall investigate any legal liabilities of such doer.

3.1 Foscam is responsible for providing enquiry means for you to check with the detail fee payment situations.

3.2 Foscam charges the Monthly Fee of the next fee charging period from your Account and shall debit such payment on the day on which the current service period expires and extend your effective use term correspondingly.

3.3 If any mistake occurs in the process of fee debiting, Foscam and you shall both cooperate with the truth investigation and bear any relevant liabilities respectively in accordance with the extent of each Party’s fault if both Parties are in fault; If any failure or error occurs in the fee debiting which is resulted in by the instability of any third party payment system, Foscam shall not bear any liability.

3.4 Foscam could alter or amend the relevant service contents, rules and provisions of the Agreement according to its business operation or technology upgrading etc., and the amended Agreement shall be otherwise confirmed by the Parties. If any of the amendment of the provisions of the Agreement is ineffective or could not be enforced for any reason, then such provision(s) shall be severable and shall not affect the validity and enforcement of other terms and provisions.

3.5 The Service could be cancelled at your discretion, if you choose not to cancel, you will be deemed to have agreed with the attempt of regular fee debiting from your Account, once the debit is successful, Foscam shall valid the Monthly Service of the next charging period for you.

3.6 Since we will adjust the terms and provisions of the Agreement irregularly, the corresponding Monthly Service fee could also be altered. When adjusting the terms and provisions of the Agreement irregularly,we will notify you of the new terms and conditions of the agreement through the Foscam App.When Foscam provides you with the automatic fee debiting service, it shall debit the amount from your Account in accordance with the effective price standard publicized by Foscam at the time when the debit instruction is made.

4.1 This Agreement shall be effective at the time you accept it or use the Service and shall be continuously valid until you terminate the Service.

4.2 If you want to terminate the automatic fee debiting service, please contact Foscam customer service.After such termination, Foscam shall stop to debit the Monthly Fee payable of your next fee charging period for the Service from the third party payment account you bound to your Foscam account. Customer service email: support@foscam.com.

4.3 If you want to terminate the Service, please contact Foscam customer service. After such termination, Foscam shall stop to provide the Service to you and Foscam will refund the unused service charges based on the actual length of your service. Customer service email: support@foscam.com.

4.4 When for reasons not attributable to Foscam, any automatic payment charge instruction you authorized Foscam before you choose to terminate the Service shall be still effective, and any fees charged based on such instructions shall not be reimbursed and the related responsibilities shall be borne by you.

Foscam and you shall settle any dispute arising from the performance of the Agreement through friendly negotiations, but when the negotiation fails, any party is entitled to submit the dispute to the American Arbitration Association in Houston for arbitration in accordance with the applicable rules of the Commission effective at the time of submission. The arbitration award is final and binding upon both Parties. This Agreement shall be governed by the laws of Texas of the United State of America.

 

 

 

	Foscam,Inc.
	April 8, 2019