PLEASE READ THESE PAYMENT TERMS CAREFULLY BEFORE MAKING PAYMENTS, OR OTHERWISE COMPLETING TRANSACTIONS ON BLONDE.
These Payment Terms and Conditions (“Payment Terms”) are additional terms which govern payments made by FCRs/Customers/Recipients (FCR’s) to Creators and Businesses (CB’s) on Blonde and form part of your agreement with us. By making a payment or storing a payment method with Blonde, FCR’s agree to be bound by these Payment Terms and Conditions, as applicable, also agree to our FCR Terms of Service, Content Creator Agreement & Terms of Service, Content Guidelines and our Privacy Policy which are incorporated by reference herein. In the event of a conflict between these Payment Terms and other Agreements, these Payment Terms shall prevail .
1. Fees and Payment Methods
1.1 Fees and Pricing. The applicable price to purchase a Subscription, reply to SMS, Unlock Content, or other Content offerings on Blonde are specified at the time of purchase by the CB. As an FCR you select a subscription plan and agree to pay for such on an ongoing basis every 30 days until FCR cancels such Subscription, see cancellation reference herein. Subsequent sending CB’s SMS, Unlocking Content or requesting other Content offerings reduce the FCR’s Subscription balance by the cost of such items in accordance with the Payment Terms in effect at the time a purchase is made.
1.2 Payment Method. FCRs must provide one or more Payment Methods to make purchases through Blonde. A “Payment Method” means a current, valid, accepted method of payment including, without limitation, a valid debit or credit card, as may be updated from time to time and which may include payment through your Account with a third-party. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer, or other provider of your chosen Payment Method. It is your responsibility to keep Payment Methods current and updated at all times.
1.3 Payment Processing and Authorization to Charge Payment Method. We use a third-party payment processor (the “Payment Processor”) to charge and process monthly subscriptions amounts and /or charge additional authorized payments if the FCR account balance becomes depleted prior to the next automatic subscription renewal charge date, for SMS, Locked Content, Special Requests and/or other exclusive Consent through Blonde. When you provide your Payment Method to pay your increase your Subscription balance which allows access to certain SMS, Content, or click “Unlock Content” or similar button on Blonde. You represent and warrant that you have the legal right to use that Payment Method and authorize Blonde (and our Payment Processor) to charge the full Subscription amount to the Payment Method you designate for the transaction. Additionally, if your transaction results in an overdraft or other fee from your card issuer due to going over your credit limit or having insufficient funds in your account, your card issuer may charge you a fee, and you alone are responsible for that fee.
1.4 Consent to Stored Payment Methods. For your convenience, you can elect to store Payment Methods to your Account on Blonde (“Stored Payment Methods”). BY ELECTING TO PROVIDE STORED PAYMENT METHODS ON BLONDE, YOU HEREBY CONSENT TO THE STORAGE OF THE STORED PAYMENT METHODS BY US OR OUR PAYMENT PROCESSOR FOR FUTURE USE AND ACKNOWLEDGE AND AGREE THAT THAT ANY STORED PAYMENT METHODS MAY BE USED BY US OR OUR PAYMENT PROCESSOR TO PROCESS FUTURE SUBSCRIPTION PAYMENTS FOR SMS, CONTENT PURCHASES OR OTHER TRANSACTIONS PURCHASES YOU VOLUNTARILY MAKE THROUGH YOUR ACCOUNT ON BLONDE.
1.5.
1.6 Accuracy. You are responsible for the completeness and accuracy of the Stored Payment Methods you store on Blonde. To the fullest extent permissible by applicable law, you acknowledge and agree that we will have no liability associated with or arising from your failure to maintain accurate, up-to-date information regarding your Stored Payment Methods.
1.7 Payment Processor. You understand, acknowledge, and agree that the use of a Payment Processor is integral to the services and Content provided by CB on the Blonde platform. The Payment Processor manages the routing and processing of all required information from FCRs to process payments for all transactions. We are not affiliated with the Payment Processor and neither we nor the Payment Processor is an agent or employee of the other. In making a payment, you may be redirected to an external website operated by a Payment Processor and the processing of payments will be subject to the terms, conditions, and privacy policies of the Payment Processor in addition to these Payment Terms and other incorporated agreements.
We cannot and do not (i) guarantee the adequacy of the privacy and security practices employed by or the content and media provided by any Payment Processor or its website or (ii) control any Payment Processor’s collection or use of your Personal Data (as defined in the Privacy Policy). You acknowledge and agree that we shall not be liable to you for any claims arising out of any act or omission on the part of the Payment Processor including, but not limited to, any lost, stolen, or incorrectly processed payments. We expressly disclaim any responsibility and liability for all services provided by a Payment Processor. If a transaction results in an overdraft fee from your card issuer due to you going over your credit limit or having insufficient funds in your Account, your card issuer may charge you a fee and you alone are responsible for that fee. Details of our payment processor can be obtained upon request at support@blonde.social.
If you enter into a transaction with a CB and have a dispute over the Content or services you purchased we disclaim, and you release us from any liability arising from the transaction or for how the CB. Blondes only responsibility is to handle your payment transaction(s) through our Payment Processor.
If you believe that an unauthorized or otherwise problematic transaction has taken place under your Account, you agree to notify us immediately at support@blonde.social so that we may take action to prevent financial loss. Unless you submit the claim to us within 30 days after the charge, you will have waived, to the fullest extent permitted by law, all claims against us arising out of or relating to the transaction.
1.8 All Payments are Final except for theft and fraud. TO THE FULLEST EXTENT PERMITTED BY LAW, ALL PAYMENTS ARE FINAL AND ARE NON-REFUNDABLE AND NON-TRANSFERRABLE
2. Subscription Fees and Payments
This section of the Payment Terms applies to your purchase of a Subscription and/or other recurring payments.
2.1 Subscriptions. To begin a 30 day Subscription, you must provide basic information along with one or more Payment Methods. Once subscribed, you authorize us to bill your Payment Method immediately for the current initial FCR selected Subscription program pricing level and then automatically authorize all subsequent recurring payments at substantially regular 30 day intervals at the beginning of each Subscription Term, at the same selected subscription program pricing, unless FCR elects to change their selected program. If during any 30 day Subscription period, FCR exhausts their account balance, they may elect to increase their balance by a specific amount or change their Subscription package selection to the next higher level, which then becomes the new recurring rate for all subsequent periods. Subscriptions are auto recurring transactions until cancelled
2.2 Subscription Renewal. After expiration of FCR Subscription level, FCR agrees their Subscription will automatically renew for subsequent 30 day periods on the same pricing, terms and conditions as the last Subscription period, until cancelled (see section 2.3). If any Subscription Fees are not paid in a timely manner and our Payment Processor is unable to process your payment using the Payment Method FCR previously selected, FCR’s account will be suspended until such time payment is processed however, if FCR payment is not replenished within 3 months their account will be terminated.
2.3 Subscription Cancellation. You may cancel your Subscription in writing anytime after your initial Subscription commences by either completing the cancellation form on our site or by emailing us at support@blonde.social (include in your cancellation email “a) Cancel My Subscription, b) registered email address, c) your name d) registered cell phone number e) date of cancellation). A written Subscription cancellation request must be received by email at least three business days before the next renewal date in order to avoid charges for the next Subscription billing cycle. Even though a FCR cancels future renewals, they will retain access to their account until the end of the then-current Subscription period. Once received All Subscription Fees are non-refundable, non-transferrable, and will not be refunded on a pro-rata basis for any cancellation initiated during a Subscription period. In the event we suspend or terminate your Account for your breach of any terms, you acknowledge and agree that you will receive no refund or exchange for any unused time on a Subscription or any Subscription Fees.
2.4 Subscription Pricing Option. Subscription programs levels or pricing may change (see Section 5 herein) with SMS notice to FCR. Such change will only take effect once your then-current Subscription Term has ended:
2.5 No Refunds. All Subscription Fees are non-refundable, non-transferrable, and will not be refunded on a pro-rata basis for any cancellation initiated during a Subscription Term.
3. Our Rights and Actions We May Take
3.1 At-Will Use. We may revoke your eligibility to purchase or renew Subscriptions at any time at our sole discretion.
3.2 Inquiries. By using payment features through Blonde, you acknowledge and agree that we may make any inquiries that we consider necessary, either directly or through third parties, concerning your identity.
3.3 Right to Cancel. We may cancel any transaction in our sole discretion if we believe the transaction violates these Payment Terms, any Terms of Service for any reason.
3.4 Payment Limitations. In order to prevent financial loss to you or us, we may place a delay on a payment for a period of time, or limit Payment Methods for a transaction, or limit your ability to make a payment, or deactivate your Account.
3.5 Sharing of Information. In order to prevent financial loss to you or to us, we may contact your payment instrument issuer, law enforcement, or affected third parties (including other Users) and share details of any payments you are associated with, if we believe doing so may prevent financial loss or a violation of law and/or our policies.
4. Disputes
4.1 Duty to Notify. If you believe that an unauthorized or otherwise problematic transaction has taken place under your Account, you agree to notify us via email immediately at support@blonde.social, so that we may take action to prevent financial loss. Unless you submit the claim to us within thirty (30) days after the charge, you will have waived, to the fullest extent permitted by law, all claims against us arising out of or otherwise related to the transaction.
4.2 No Liability. If you enter into a transaction with a CB or other third party and have a dispute over the goods or services you purchased, you agree that we have no liability. We may intervene in such a dispute, but we have no obligation to do so.
5. Modifications to Payment Terms
We are constantly trying to improve Blonde, so these Payment Terms and Conditions may need to change over time. We reserve the right to modify these Payment Terms at any time and any such changes will be effective on posting. You can tell when changes have been made to these Payment Terms by referring to the “Last Updated” legend on the top of this page. We will provide you with advance notice of a major change to these Payment Terms. For example, we may (i) require that you reaccept the updated version of these Payment Terms, (ii) send you an electronic notification advising of the update to these Payment Terms, or (iii) include a notice on Blonde. We do not ordinarily provide advance notice of a minor change. We encourage you to check these Payment Terms each time you visit Blonde. Your continued use of or access to Blonde and/or payments or transactions made for any Blonde Content after these Payment Terms have been updated (and after notice for a major change) indicates your agreement and acceptance of the updated version of these Payment Terms.