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Price and Payment

Date Last Modified: November 30, 2004

3. Terms and Conditions – Price and Payment

Section 3.1 Price and Payment. Customer shall pay PlayStream monthly recurring fees, in U.S. Dollars, as indicated at http://www.playstream.com or, if a PlayStream Written Agreement accompanies this document, as indicated by those terms, which include charges for use and occupancy of Customer's Allotted Space. In addition to any recurring fees, Customer may be charged non-recurring fees as indicated at this same Web site, or as a PlayStream Written Agreement specifies.

PlayStream reserves the right to increase or decrease prices for its services upon the expiration of the Customer's contracted term. Price increases or decreases for any or all services shall be posted on PlayStream's web site 30 days prior to taking effect. PlayStream agrees to submit written notice to the primary email address on record for the Customer at least 30 days prior to any price increases taking effect.  Price decreases shall automatically reflect on Customer’s next billing cycle, without advanced notice, after such price decreases are posted online.  This Agreement will automatically renew on a month-to-month basis at the month-to-month rate in effect at the time of the renewal unless canceled in writing or modified in writing by the Customer prior to the renewal date. Customer will receive an invoice for charges and payment is due upon receipt, unless otherwise stated.  It is our policy to bill our clients on a monthly basis, and in the absence of any agreement or arrangement to the contrary, we expect to be paid no later than the due date stated on the invoice.  Our monthly statements will be itemized as to each general activity.

Section 3.2a. Method of Payment.  PlayStream accepts payment by Credit Card, Check, Postal Money Order, PayPal and Wire Transfer.  PlayStream charges $20.00 for each check returned (rejected) by the bank.  PlayStream accepts Visa, Mastercard, American Express, Discover, Carte Blanche, Diners Club and JCB credit cards.  For Credit Card payments, the name, “PlayStream,” shall appear on your credit card statement.  PlayStream maintains currency accounts in U.S. Dollars, Australian Dollars, Canadian Dollars, Euros, Mexican Pesos, and Sterling Pounds.  Payment may be remitted in any of these currencies by wire transfer or check or money order.

Section 3.2b. PayPal Payments.  PlayStream accepts payment by PayPal.  For further information in regard to submitting payment by PayPal, please visit their Web site at http://www.paypal.com. Customers submitting payment by PayPal shall submit payment to paypal@playstream.com, and agree to provide their PlayStream Customer ID Number in their available optional text field for proper payment tracking purposes.  For Customers who submit payment in Canadian Dollars, Sterling Pounds, Euro Dollars and Japanese Yen, PlayStream’s default PayPal preference setting is to accept and automatically convert these currencies to U.S. Dollars.  Therefore, it is the Customers responsibility to properly calculate the currency exchange rate when submitting payment through PayPal in a non-US Dollar currency.  PlayStream will post to Customers account the U.S. Dollar after conversion.  Customers assumes all risk for fluctuations in the currency exchange rates.

Section 3.3. Late Payment. Customer Balances are due no later than 3:00 PM Pacific Time, on the 20th day after the initial bill date for service stated on the invoice. If a Balance is due 57 days after the initial bill date for service, Customer's Account shall be suspended for service. If a balance remains due 70 days past the initial bill date for service, Customer's Account shall be submitted to PlayStream's Collection Agency for processing, as described in Section 3.4. PlayStream will make reasonable efforts to notify Customer, in advance, of pending late fees, account suspension and Account submission to Collection Agency, but PlayStream’s failure to provide notice will not prevent PlayStream from exercising any of its rights regarding past due amounts. PlayStream will make reasonable efforts to preserve Customer’s content off-line, for up to 70 days past the initial bill date for service. If Account Balance is not settled, PlayStream reserves the right to destroy the content on PlayStream's service to make space for new Customers.

Section 3.4. Collection Agency. Customer Balances (Amounts) past due by 70 days are subject to submission to PlayStream's Collection Agency. Customer Accounts will incur a Collections Service Fee of $20.00 (Twenty U.S. Dollars).  Customer will also be liable for additional further collection costs.

Section 3.5.  Credit Card Chargebacks.  Anytime a Chargeback Request is received from our Merchant bank, PlayStream reserves the right to immediately suspend Customer’s Account until the Chargeback Request has been formally resolved between PlayStream and the Merchant Service Authority.  This process may take up to, and possibly more than, a week.  If you are disputing a billing error, PlayStream encourages Customer to first contact PlayStream’s Customer Service to resolve any discrepancies to avoid having Customer’s Account suspended upon notification of a Chargeback.  PlayStream reserves the right to refuse any additional service to Customer while a Chargeback Notice is pending investigation by the Merchant Service Authority.

Section 3.6.  Service Upgrades or Downgrades.  For customers upgrading or downgrading their Service, the upgrade or downgrade shall become effective as of the date that the Upgrade or Downgrade order was submitted to PlayStream.  For the current billing cycle, PlayStream will pro-rate daily, the service charges, as posted online at PlayStream’s Web site, at the time of Customer’s request, and recalculate the service based on the upgraded or downgraded service price, and charge the remainder of the current period at the new upgraded or downgraded service pricing.  This policy applies to all services, except for those services defined in Section 3.7 below.

Section 3.7a Exception to Service Upgrades or Downgrades: Data Transfer Pricing for “ Enterprise On Demand” or “Live Webcast (Usage Based)” Services.  For customers who are subscribing to PlayStream’s “Enterprise On Demand” or “Live Webcast (Usage Based)” services, Data Transfer Rates are priced on a data transfer usage basis.  Data Transfer measurements are conducted daily (every twenty-four hours) based on Greenwich Mean Time (GMT).  All megabytes transferred for that day that are equal to or less then the “DAILY Data Transfer Threshold” assigned for that rate plan package, are billed at the “Rate Under Daily Data Transfer Threshold.”  All megabytes transferred during that day that exceed the “DAILY Data Transfer Threshold” are billed at the “Rate Over Daily Data Transfer Threshold.”  The Service Minimum is the minimum months of service that must be subscribed to be eligible for that Data Tranfer Rate Plan.  If the monthly total data transfer is less than the monthly minimum commitment assigned for that rate plan package, then the monthly minimum will be billed instead of the data transfer.

In the absence of a PlayStream Written Agreement, all “Enterprise On Demand” and “Live Webcast (Usage Based)” services are priced according to Data Transfer Rate Plan One, as described on PlayStream’s Web site at http://www.playstream.com.  There is no monthly minimum commitment for Data Transfer Rate Plan One and the Service Minimum term for Data Transfer Rate Plan One shall be one month.  For calculation purposes, PlayStream assumes 1,024 Megabytes are in one Gigabyte.

For customers upgrading between Data Transfer Rate Plans, the upgrade shall become effective as of the beginning of the current billing cycle, which is the first of the month during the month that the upgrade occurs.

For customers downgrading between Data Transfer Rate Plans, the downgrade shall become effective as of the first calendar day following the end of the Service Term.  For Data Transfer Rate Plans with a Service Minimum of one month, then the downgrade shall become effective as of the first of the next calendar month.

Section 3.7b Exception to Service Upgrades or Downgrades: “Live Webcast (Fixed Rate)” Services.  For customers who are subscribing to PlayStream’s “Live Webcast (Fixed Rate)” Services, any Service Upgrade may occur only as of the beginning of the 1st of a calendar month.  Customers may request to upgrade their Service during another day of the month, but if so, the old Service shall be credited to Customers account as of the 1st of the current month and the new Service shall be charged to Customers account as of the 1st of the current month.  There is no prorated rate provided for the new Service period that is less than a full month.  Customers may submit a request to downgrade or terminate their Service at any time, but the downgrade or termination effective date will only be effective as of the end of the last day of the current month.  There is no prorated rate provided for the existing Service that is less than a full month.

Section 3.8. Refund Policy.  Accounts cancelled/terminated by PlayStream for violating our Terms and Conditions of Service do not qualify for any refunds.  For Accounts cancelled/terminated by Customer in compliance with our Terms and Conditions, PlayStream will refund any due credit and/or overpayment back to Customer via either a Company Check or credit back to your bank account/credit card within one calendar month of Account Closure.  PlayStream will be the sole arbiter as to how the refund should be completed.



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