Automatic Payment Terms and Conditions

PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS FOR THE AUTOMATIC PAYMENT SERVICE.

IF THESE TERMS AND CONDITIONS ARE NOT ACCEPTABLE TO YOU, YOU MAY NOT ENROLL IN THE AUTOMATIC PAYMENT SERVICE AND SHOULD CONTACT CRYOFUTURE IMMEDIATELY TO MAKE ALTERNATIVE PAYMENT ARRANGEMENTS.

The following terms and conditions of the Automatic Payment Service (“Terms”) (a) apply to the Automatic Payment Service, whether the cryopreserved specimens are stored at the CryoFuture facility or elsewhere, (b) constitute an agreement between you and CryoFuture, (c) do not alter or affect the provisions of any other agreement(s) between you and CryoFuture, (d) are subject to the provisions of the Client Services Agreement (if cryopreserved specimens are stored at the CryoFuture facility), with is incorporated herein by reference, (e) are provided by CryoFuture for your convenience, and (f) may be discontinued by CryoFuture in its sole discretion and at any time.  To the extent that there is any contradiction between these Terms and the Client Services Agreement (if applicable), the latter shall control.

1. Enrollment. By enrolling in the CryoFuture’s Automatic Payment Service, you authorize CryoFuture to charge applicable fees using the payment method (for example, your credit or debit card) you will designate for CryoFuture (“Automatic Payment Service”).  During your enrollment in the Automatic Payment Service, CryoFuture will send you, in advance of each subsequent Storage Period, a notice via electronic mail or U.S. Mail that your Storage Period is scheduled for a renewal (“Renewal Notice”).  The Renewal Notice will inform you of the Storage Fee due from you, and of any other fees that may be associated with your payment (for example, a credit card processing fee).  You will have thirty (30) days after the date of the Renewal Notice to opt out of and decline to renew the Automatic Payment Service (“Opt Out Period”).  If you do not opt out during the Opt Out Period, the Automatic Payment Service shall be automatically renewed, and the applicable Storage Fee shall be charged in full using your designated payment method.  The Renewal Notice will include instructions for opting out of the Automatic Payment Service, present available Storage Periods for which storage may be renewed, instruct you on Agreement renewal, and provide alternative methods (other than the Automatic Payment Service) to pay the Storage Fee.
2. Client Information. You may designate only one active payment method for use in the Automatic Payment Service.  You are must enter correct and current information for your payment method, and must timely update such information to avoid a failed payment.  This information may include, but is not limited to, the cardholder’s name and address, card number, card expiration date, card security code, bank routing number, bank account number, etc.  If your payment method information changes, you understand and agree that CryoFuture may, but is not obligated to, request and receive updated payment method information from your respective financial institution, and all authorizations you have made herein will remain in effect and shall apply to the new payment method or payment method information.
3. Failed Payment.  If your automatic payment is declined, rejected, refused, returned, disputed, or reversed by your financial institution or card issuer for any reason whatsoever (“Failed Payment”), you agree to promptly pay in full (a) all balances that remain on your account, and (b) any fees that CryoFuture may incur, or be liable for, due to Failed Payment.  CryoFuture may terminate your enrollment in the Automatic Payment Service due to one or more Failed Payment.  CryoFuture will notify you of the Failed Payment, and you shall have thirty (30) calendar days from the date of such notification to make the payment in lieu of Failed Payment.  If the full balance of the Failed Payment is not received by CryoFuture as stipulated in the preceding sentence, CryoFuture may charge a late fee as provided for in the Client Services Agreement.
4. Opt Out.  Outside of the Opt Out Period, you may cancel the Automatic Payment Service at any time by contacting CryoFuture (see CryoFuture Contact Information below).
5. Termination of Enrollment.  Your enrollment in the Automatic Renewal Service will terminate upon the earliest occurrence of any of the following events: (a) you opt out of the Automatic Renewal Service during the Opt Out period, (b) you inform CryoFuture in writing that you wish to cancel your enrollment in the Automatic Renewal Service, (c) your Client Services Agreement (if applicable) is terminated, as provided for therein, (d) CryoFuture terminates your enrollment in the Automatic Renewal Service.  Subject to applicable law, CryoFuture reserves the right to terminate your participation in the Automatic Payment Service at any time.  Termination of the Automatic Payment Service terminates only the automatic payments set up therein, but does NOT terminate the Client Services Agreement (if applicable).  If you are not enrolled in the Automatic Payment Service, you will receive renewal and billing notifications as provided for in the Client Services Agreement (if applicable), or (if Client Services Agreement is not applicable) via communication methods then in use by CryoFuture, such as text messages, phone calls and voice messages, electronic and regular mail.
6. Re-enrollment.  Should you wish to resume your participation in the Automatic Payment Service, you would need to sign up once again by contacting CryoFuture (see CryoFuture Contact Information below).
7. Duty to Verify.  You are responsible for verifying billing statements, invoices, Renewal Notices, as well as debits or charges made to your CryoFuture account.  CryoFuture will not be responsible for any billing error, unless you notify CryoFuture in writing of such an error.  You are also responsible for confirming what charges, if any, your financial institution, or your card issuer, may assess on you for using the Automated Payment Service (“Third Party Charges”).  CryoFuture will not be responsible for the payment of any Third Party Charges.
8.  Modifications.  CryoFuture reserves the right to modify these Terms in CryoFuture’s sole discretion and at any time.  In the event of a material change in these Terms, CryoFuture will provide you with a notice of the material change and information on how to cancel the Automatic Payment Service. By continuing to use the Automatic Payment Service, you will be deemed to have accepted and agreed to all modifications to the Terms.

BY ENROLLING IN THE AUTOMATIC PAYMENT SERVICE, YOU REPRESENT AND WARRANT THAT: (A) YOU HAVE READ AND UNDERSTOOD THESE TERMS IN THEIR ENTIRETY, (B) YOU AGREE TO BE BOUND BY THESE TERMS, (C) YOU HAVE FULL AUTHORITY TO ENROLL IN AUTOMATIC PAYMENT SERVICE, (D) YOU AUTHORIZE CRYOFUTURE, INC., ITS AGENTS, SUCCESSORS AND ASSIGNS TO CHARGE YOUR CREDIT/DEBIT CARD FOR ALL PAYMENTS AND TRANSACTIONS THAT ARE ENABLED OR PROVIDED BY THE AUTOMATIC PAYMENT SERVICE, AND (E) YOU CONSENT TO RECEIVING COMMUNICATIONS FROM CRYOFUTURE AS PROVIDED HEREIN.