CBT Nuggets Billing Agreement
Last updated in February 2020
Unless otherwise stated, all references in this Billing Agreement to the "CBT Nuggets Content" or the "Content" includes the CBT Nuggets Learner-facing and Administrator-facing applications and platforms, individual videos within a series, entire series, series packages, supplemental materials, Learner resources, quiz questions, proprietary instances of the virtual lab and/or access to any portions thereof. All references to "CBT" or "CBT Nuggets" shall mean CBT Nuggets, LLC, a Delaware limited liability company, with its principal office located at 2850 Crescent Avenue, Eugene, OR 97408.
All references to "You" or "Your" shall mean the Learner, or Account Administrator or Account Owner, as appropriate, who is financially responsible for the Account.
- SCOPE OF AGREEMENTS
- As applicable to Your subscription, this Billing Agreement outlines Your agreement with CBT Nuggets, LLC, a Delaware limited liability company, regarding authorization for automatic billing to Your credit card or other applicable payment method.
- This Billing Agreement further defines the billing procedures applicable to all amounts due and payable to CBT Nuggets, regardless of payment method, whether or not under automatic billing.
- AUTHORIZATION FOR AUTOMATIC BILLING
- As applicable to Your subscription, You guarantee and warrant that You are the legal cardholder/payment method holder, or that Your use of the card or payment method is authorized for the credit card or payment method associated with the account You provided. You are legally authorized to enter into this recurring automatic Billing Agreement.
- AS APPLICABLE TO YOUR SUBSCRIPTION, YOU AUTHORIZE CBT NUGGETS TO USE AUTOMATIC BILLING AND CHARGE YOUR CREDIT CARD OR PAYMENT METHOD FOR AN AGREED UPON AMOUNT ON A RECURRING BASIS, PER YOUR SUBSCRIPTION AGREEMENT (MONTHLY, SEMIANNUALLY, OR ANNUALLY).
- TERMS AND CONDITIONS OF AUTOMATIC BILLING
- All payments are non-refundable and charges made to the credit card or payment method under this Billing Agreement will constitute in effect a "sales receipt" and confirmation that You still have access to the applicable CBT Nuggets Content.
- All payments and credit card charges shall be made in United States Dollars ("USD").
- If Your payment requires a currency conversion, CBT Nuggets shall determine the currency conversion fee amount at the time of Your payment. You acknowledge that the applicable exchange rate for each payment transaction will differ and You agree to remit each payment in full including any fluctuating conversion fees.
- CBT Nuggets’ payment processor shall securely keep Your credit card on file and may automatically update Your credit card details, if supported by your financial institution, to avoid credit card expiration and potential service interruption.
- You may remove Your credit card/payment method at any time, but You will remain responsible for any agreed upon charges or contractual commitments, subject to Section 4, Termination of Automatic Billing, if permitted under Your subscription.
- You agree that CBT Nuggets is not obligated to verify or confirm the amount for processing automatic payments. You acknowledge and agree that automatic payments are scheduled for certain times but may vary for reasons beyond CBT Nuggets’ control.
- You agree to indemnify, defend, and hold CBT Nuggets harmless, against any liability pursuant to this Billing Agreement and Your authorization for automatic billing.
- TERMINATION OF AUTOMATIC BILLING
- To terminate automatic billing and/or arrange for an alternative method of payment, if permitted under Your subscription, You must notify the CBT Nuggets Support team at least three business days prior to the end of the billing cycle.
- If permitted under Your subscription, Your termination notice is only effective upon CBT Nuggets’ receipt and acknowledgment. CBT Nuggets will make all reasonable efforts to accommodate termination notices in a timely fashion, and You are encouraged to contact us early in Your billing cycle to make alternate arrangements.
- To the extent permitted under law, You agree to pay the reasonable fees of any collection agency, and all costs and expenses, including reasonable attorney’s fees, which may be incurred in a collection effort to recover past due amounts under this Billing Agreement.
- If any provision of this Billing Agreement is declared invalid or unenforceable, the parties intend for the remaining provisions of this Billing Agreement to remain in effect.
- This Billing Agreement shall be governed by the laws of the State of Oregon and venue of any legal proceeding shall be in Lane County, Oregon, USA.
- APPLICABLE TAXES
- Except where expressly stated otherwise, all amounts referred to in this Billing Agreement are exclusive of any applicable Sales/Use Tax, any applicable Goods and Services Tax, or any applicable Value Added Tax (collectively, "Tax(es)").
- If Tax is or will be imposed on a supply made under or in connection with your procurement of CBT Nuggets services and this Billing Agreement, CBT Nuggets may, to the extent that the consideration (monetary or non-monetary) otherwise provided for that supply under the applicable invoice, order and/or this Billing Agreement is not stated to include an amount in respect of Tax on the supply, increase the consideration (monetary or non-monetary) otherwise provided for that supply under the invoice, order and/or this Billing Agreement by the amount of that Tax or otherwise recover from the recipient the amount of that Tax.
- If there is an adjustment event in relation to a supply which results in the amount of Tax on a supply being different from the amount in respect of Tax already recovered by the supplier, as appropriate, CBT Nuggets: (i) may recover from the recipient the amount by which the amount of Tax on the supply exceeds the amount already recovered; or (ii) must refund to the recipient the amount by which the amount already recovered exceeds the amount of Tax on the supply.
- Where CBT Nuggets makes an inbound intangible consumer supply and is a limited registration entity for Tax purposes, there is no requirement for CBT Nuggets to issue a tax invoice or adjustment note to the recipient in order to recover any amount in respect of Tax under the applicable invoice, order and/or this Agreement.
- Costs incurred by CBT Nuggets that are required to be reimbursed or indemnified by a recipient, or used as the basis for calculation of consideration for a supply, under the applicable invoice, order and/or this Agreement must exclude any amount in respect of Tax included in the costs for which an entitlement arises to claim an input tax credit.
CBT Nuggets reserves the right, in its sole discretion, to change, modify, add, or remove all or part of this Billing Agreement at any time, with or without notice.
Questions regarding this Billing Agreement should be directed to: email@example.com.
To request a custom agreement for licensing and billing, please contact our Sales team.