Effective Date: April 11, 2025
1. Introduction
These Billing Terms and Conditions ("Terms") govern the payment obligations and processes between Present Health LLC ("Company", "we", "us", or "our") and the customer ("Customer", "you", or "your"). By accessing or using our services and purchasing our products, you agree to be bound by these Terms.
2. Payment Terms
2.1 Pricing
Prices: All prices for products and services are listed in USD and are subject to change without prior notice.
Taxes and Fees: Prices are exclusive of applicable taxes, duties, or charges unless otherwise specified.
2.2 Payment Methods
We accept the following payment methods:
Credit/Debit Cards: Visa, MasterCard, American Express, etc.
Electronic Funds Transfer (EFT)/ACH Payments
PayPal
Apple Pay, Google Pay
2.3 Payment Due Date
One-Time Purchases: Payment is due upon receipt.
Payment Policy for Customers Utilizing Third-Party Loans
1. Purpose:
This section outlines the payment terms and conditions for customers who choose to finance their purchase through a third-party loan provider when buying our products.
2. Payment Due Date:
3. Payment Timeline:
4. Customer Responsibilities:
5. Non-Payment Policy:
6. Contact Information:
For questions regarding payment timelines or loan processing, please contact support@presentfitness.com.
3. Invoicing
Invoice Issuance: Invoices will be issued upon order completion.
Delivery Method: Invoices will be sent electronically via your choice of contact to the contact information provided by the Customer.
Customer Responsibility: It is your responsibility to ensure that all billing information is accurate and up-to-date.
4. Late Payments
4.1 Interest on Late Payments
Late Fee:
If you have questions or concerns regarding any late fees applied to your loan account, we encourage you to contact your loan provider directly. Prompt communication allows for clarification of the fee details and ensures accurate resolution of any discrepancies. Please reach out to your loan provider using the contact information provided in your loan agreement. They are best positioned to provide specific information related to your account, including the reason for the late fee, possible dispute options, and any available assistance programs. Timely inquiries can help prevent additional charges or misunderstandings
4.2 Suspension
When a customer fails to pay their loan provider, the consequences can be significant and may vary depending on the specific terms and conditions set by the lender. Generally, the repercussions include late fees, increased interest rates, negative impacts on credit scores, and potential legal actions. Non-payment can lead to the account being sent to collections, which further damages the customer's credit history and may result in additional fees.
However, these consequences can differ between loan providers. It is crucial for customers to communicate directly with their loan provider to understand the specific policies and potential outcomes related to missed payments. Each lender may have unique procedures for handling late payments, options for payment arrangements, or hardship programs designed to assist borrowers facing financial difficulties. Clarifying these details with the chosen loan provider ensures that the customer is fully informed of their obligations and the possible effects of non-payment.
5. Disputed Charges
Notification Period: If you dispute any charges on your invoice, you must notify us in writing within 15 days of the invoice date.
Contact Information: Disputes should be sent to support@presentfitness.com and include the invoice number and details of the dispute.
Resolution: We will investigate and resolve billing disputes promptly.
6. Refunds and Credits
Policy Reference: Refunds or credits are provided in accordance with our Refund Policy.
Processing Time: Any approved refunds will be processed to the original payment method within 14 days.
7. Taxes
Customer Responsibility: You are responsible for all applicable taxes, including but not limited to sales tax, value-added tax (VAT), goods and services tax (GST), and any other similar charges.
Tax Exemption: If you are tax-exempt, you must provide a valid tax exemption certificate at the time of purchase.
8. Billing Errors
Corrections: If we discover a billing error, we will correct it promptly.
Overcharges: If you have been overcharged, we will refund or credit the overcharged amount.
Undercharges: If you have been undercharged, we will invoice you for the outstanding amount.
9. Payment Security
Data Protection: All payment information is handled securely in compliance with industry standards.
Payment Processor: We use Shopify to process payments and do not store your credit card information on our servers.
SSL Encryption: Transactions are secured using Secure Socket Layer (SSL) encryption technology.
10. Changes to Billing Terms
Modification Rights: We reserve the right to modify these Billing Terms and Conditions at any time.
Notification of Changes: Changes will become effective upon posting the updated Terms on our website at Present Fitness.
Acceptance of Changes: Continued use of our services after any such changes constitutes acceptance of the new Terms.
11. Limitation of Liability
No Liability for Indirect Damages: We are not liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to these Terms.
Maximum Liability: Our maximum liability for any claims arising under these Terms is limited to the amount paid by you for the services in the six months preceding the event giving rise to the liability.
12. Governing Law
Jurisdiction: These Terms are governed by the laws of Delaware, without regard to its conflict of law principles.
Venue: Any legal action or proceeding arising under these Terms will be brought exclusively in the courts located in Delaware.
13. Contact Information
For any questions or concerns regarding billing, please contact us:
Customer Service Email: support@presentfitness.com
Customer Service Phone: (551) 355-2316
Company Address:
Present Health
3811 Ditmars Blvd #1197
Astoria, NY 11105
USA
Website: https://www.presentfitness.com
14. Entire Agreement
These Billing Terms and Conditions, along with our Terms of Service and Privacy Policy, constitute the entire agreement between you and Present Health LLC regarding billing matters and supersede all prior agreements.
Acknowledgment
By using our services or purchasing our products, you acknowledge that you have read, understood, and agree to these Billing Terms and Conditions.
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