DATE OF LAST UPDATE: DECEMBER 8, 2021
Your use of Bitsy Advisor®, services and websites (referred to collectively as the “Service” in this document) is subject to these Fees and Costs (collectively referred to as the “Fees”). This agreement is between you and BA Platform Holdings, LLC creator and licensor of Bitsy Advisor®, (hereinafter referred to as “Bitsy”). Our principal place of business is at 800 S. Gay St., STE 1100, ATTN: Bitsy Advisor, Knoxville, Tennessee 37929 in the United States.
Software services, from Bitsy, for which you will be billed will include licensed use of our product offerings. Our general practice is to bill subscribers based upfront & on a flat-fee arrangement.
Bitsy maintains the primary responsibility for this engagement. These rates are adjusted periodically, usually at the beginning of the calendar year, based upon any upward adjustments to the company offerings; furthermore, any modification of such rates is applicable to software services preformed after the new rates become effective. Bitsy may assign parts of your work to direct employees, contractors or other licensed personnel in the office under it’s supervision and may use other specialty firms where specialized help is needed. Bitsy will continue to be responsible to you for the entire assignment.
Though the extent of Bitsy’s work is frequently not within our control, the Service is always prepared to discuss with you the scope of our work. It is not always possible to be immediately available to respond to your questions and concerns about your software licensing account. The nature of a software provider naturally involves a significant amount of time developing new and/or properly maintaining product(s) or in client service during which time we will be unavailable. Bitsy will do its best to respond to you as quickly as possible.
We will use e-mail to communicate with you, your agreement to our Terms of Services gives us express permission to communicate with you in this way. These tools have potential problems for use in the workplace as most companies have e-mail policies that stipulate that such communication tools are the property of the company. Therefore, you should be aware that as a result, communications using company e-mail may not be protected.
Our performance of software services may involve direct cost that we will incur on your behalf. These disbursements and charges include items incurred and paid by us on your behalf such as investment research from third parties, email or other communication charges, postage, special mail or delivery charges, word processing, transportation, meals, lodging and other cost necessary for out-of town travel, if needed.
We include payment(s) we must make for security fees, employee cost(s), state and federal compliance fees (if necessary), research & development fees, and similar cost(s). These charges may include the actual cost plus administrative charges for the successful operation of the Service.
Where we pay these charges, they will NOT be included on your invoice, as our arrangement with any licensee is based upon a flat-fee plus any extra cost(s) incurred, as stated above.
Full annual payment will be due on the first date of service and will renew automatically on the same day of each subsequent year. Payments should be made in U.S. dollars, in checks, debits, or ACH drafts payable to “Bitsy Advisor”. While we will not require more than a one (1) year commitment to our Service at any time, interest will be charged on all invoices unpaid after thirty (30) days at the rate of twelve percent (12%) per annum. You agree to pay all cost of collection (including settlement fees) that we may incur in connection with unpaid invoices. No Refunds will be given under any circumstances, unless deemed appropriate by management.
In undertaking you as a subscriber, we have taken precautions to determine whether Bitsy has any conflicts of interest with other subscribers. We represent many other individuals. It is possible that some of our present or future clients will have disputes or transactions with you during the time that we are serving you. Therefore, as a condition to our Service described herein and in our Terms of Service, you agree that the Service may continue to serve or may undertake in the future to serve existing or new clients in any manner that is net substantially related to our work for you described herein and in our Terms of Service.