Date of Last Revision: November 13th, 2013
When you make payments through the MiTu Community Service, you agree to these Payment Terms.
1. Changing the Subscription Level as a Subscriber of a Group
We want to make it easy for users to change the subscription level for any group in which a user is a subscriber such that the user will be able to get the most from that group. The following terms will apply:
- When you change a subscription level on the MiTu Community Service, you agree to be bound by and pay for that transaction on the 1st of every Month on a monthly or yearly basis, or, if chosen, a one time fee.
- When you change a subscription level after the 1st of the month, users will not have to pay for the changed subscription level until the billing cycle occurs again on the 1st of the Month.
- The MiTu Community Service utilizes a default gradual schedule of $1, $5 and $10 one time fee, $1, $5 and $10 per month fee or $10, $50 and $100 per year fee. Please see the Group's "Change Subscription Level" hotlink for the details of what is included in each Subscription Level features.
- Groups may have adopted a customized version for their site requirements, if the terms listed in your group do not match the payment terms listed above, the terms listed in the group take precedence. (For example, the group might have a $2, $3 and $5 level, as such the payment terms are then what ever is listed on the payment schedule page.)
- Users should pay attention to the details of the transaction, because once you commit to the change in level, you cannot cancel or move the level down until the next billing period. If the user accidentally chooses a higher level than intended, the user should email the MiTu Community Service at firstname.lastname@example.org to have their account adjusted.
- A user should not commit to a transaction unless they are ready to pay the one time, monthly or yearly fee.
- If a user determines they do not want to continue the monthly/yearly subscription transaction, they can cancel immediately, but the cancelled transaction will occur the day after the first billing occurs.
- Users can request that their transaction be cancelled or money returned by emailing the MiTu Community Service at email@example.com please include the following (Please include the number 4010 so that we can best route your request):
- Subject Line: 4010 - REQUESTING REFUND
- Your community and account email address
- The name of the Group
- The month(s) requiring refunding
- The incident that prompted the user to cancel and request their money back
- The MiTu Community Service has up to 60 days to refund requested cancellation from the date of request.
- If a user requests to be canceled from a group AND have their money returned, that user will not be able to follow/subscriber to that group again for no less than 180 days after the MiTu Community Service receives the refund request.
- Users can request to have no more than one (1) month of subscription fees returned.
- Continued use and requests for refunds may result in a User's account being permanently discontinued. The MiTu Community Service will use its discretion when discontinuing users that abuse the refunding service.
- THE MITU COMMUNITY SERVICE MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY GROUP LISTED ON OR THROUGH ANY MITU COMMUNITY SERVICE.
2. Owner Payments
The MiTu Community Service wants to make payments to owners easy and convenient, so the MiTu Community Service allows Owners of Groups to be able to receive payment easily. The following are additional terms that must be followed to be paid as an Owner of a Group using the MiTu Community Service in a MiTu Community:
- Owners will be paid as of the 1st of the month (the month AFTER) their subscribers makes their payment. This may mean that payments will occur as soon as 28 days or as much as 62 days depending on the month.
- Owners will be paid through a MiTu Community Service paypal account or MiTu Community Service account to the owner's paypal account at this time. (See items 12 and 13 of this section regarding licensing.)
- The hosting MiTu Community Service will have up to 5 days to issue the paypal payment to the owner from the 1st of the month.
- The hosting MiTu Community Service will only issue paypal payments to Group Owners on accounts that exceed $6.00 in funds or a length of time from the last sent check that exceeds 12 months with a balance more than $0.00 but less than $6.00, which ever is first.
- Owners will be required to properly enter their address into their Account.
- Owners may see their money arrive in their paypal accounts as soon as 1 day after being initiated to as much as 30 days from the date being initiated depending on the speed of the paypal system. We expect most payments to arrive within a 10 day period of time from the 1st of the month.
- When appropriate, if MiTu Community Service issues a check, the checks can be cancelled and re-issued if the Owner suspects the check is lost. The MiTu Community Service may charge a $20 stop fee depending on the circumstances. The MiTu Community Service finance department can be contacted to arrange the cancellation of a check at firstname.lastname@example.org and please include the following (Include the number 4020 so that we can best route your request):
- Subject Line: 4020 - LOST CHECK- PLEASE RE-ISSUE
- Your community and account email address
- The name of the Group
- The month(s) for which the check was issued
- The amount of the check (If information available)
- The incident description
- The MiTu Community Service reserves the right to freeze a group if the Owner of that group does not cash their payments for 90 days. Receiving payments can be prevented through a mailing address that is incorrect or from checks that have not been cashed. If your group has been frozen, the finance department can be contacted at email@example.com to activate your account again. (NOTE: If your account has been frozen, all of your subscribers will once again have to request a subscription level as the MiTu Community Service will have canceled their monthly or yearly payments.)
- MiTu Community Service Charge of 20% will be charged to every subscription. The following default payment schedule will be followed by the MiTu Community Service for each subscription level for:
- One Time Fee of $1 pays - Owner - $0.47 - MiTu Community Service $0.20 - PayPal $0.33
- One Time Fee of $5 pays - Owner - $3.55 - MiTu Community Service $1.00 - PayPal $0.45
- One Time Fee of $10 pays - Owner - $7.41 - MiTu Community Service $2.00 - PayPal $0.59
- Monthly level of $1 pays - Owner - $0.47 - MiTu Community Service $0.20 - PayPal $0.33
- Monthly level of $5 pays - Owner - $3.55 - MiTu Community Service $1.00 - PayPal $0.45
- Monthly level of $10 pays - Owner - $7.41 - MiTu Community Service $2.00 - PayPal $0.59
- Yearly level of $10 pays - Owner - $7.41 - MiTu Community Service $2.00 - PayPal $0.59
- Yearly level of $50 pays - Owner - $38.25 - MiTu Community Service $10.00 - PayPal $1.75
- Yearly level of $100 pays - Owner - $76.80 - MiTu Community Service $20.00 - PayPal $3.20
- Payments will be relative if your group does not have the default payment levels setup.
- Any challenges or inquiries regarding the payments schedule, shall be reviewed through the finance department which can be reached at the following email: firstname.lastname@example.org.
- Subject Line: 4025 - PAYMENT SCHEDULE INQUIRY
- Your community account email address
- The name of the Group
- The question that you have about the Payment Setup or your Payment Request
- If an error is determined on the part of the MiTu Community Service, the MiTu Community Service will have upto 60 days to pay additional funds to correct the challenge. If the error is determined to be on the side of the Owner of the Group, the MiTu Community Service will include the charge in the next billing cycle(s) until the account is reconciled.
- the MiTu Community Service reserves the right to announce a change to the payment schedule for the subscription levels at any time. The MiTu Community Service will provide a minimum of 30 days notice of the change and will make all good faith efforts to communicate that change with a focus on emailing subscription postings on the MiTu Community Service.
- The MiTu Community Service is currently reviewing possible Licensing Requirements as stated here:
- To be compliant with the possibility that the MiTu Community Service will need a Money Transmitter License the following will be our process for managing payments to our partners until which time we determine we are compliant:
- Payments May be Held Untill you have been validated as a US Resident
- Once your have been validated as a legal resident, we will review your information to determine if you are on the watch lists being maintained by the United States and Europe. We will do this by asking that you provide a US Bank Account or Paypal account that we can verify your information against.
- If we clear your payment, we will be required to pay you through Paypal, until which point we determine our licencing status.
3. Super Group Payments
The MiTu Community Service is focused on delivering the most networked experience as possible. With this goal, the concept of Super Groups was born with the goal of a super group to allow multiple group owners converse and develop content or a strategy that will allow them to grow and manage their own groups. With this goal, the MiTu Community Service supports the notion of a Super Group where the Subscribers of a super group can be of two types; Group Owners or Power Subscribers/Leaders. Group owners come to the Super Group looking to work with other Group Owners to advance their group goals. Power Subscribers/Leaders are special subscribers that may have special knowledge but do not have a group of their own. The following apply to these types of subscribers regarding payments:
4. Payment Sources
- Super Groups will be charged yearly on the following schedule:
- Upto 20 subscribers in a group $20 per year.
- Upto 40 subscribers in a group $40 per year.
- Upto 60 subscribers in a group $60 per year.
- Upto 100 subscribers in a group $80 per year.
- If you have more than 100, contact the MiTu Community Service for pricing at: email@example.com
The MiTu Community Service wants to make payments convenient, so the MiTu Community Service allows a user to make payments using PayPal which allows them to use different payment sources, such as credit cards and debit cards. The following are additional terms that must be followed when using the MiTu Community Service:
- When a user provides a payment through PayPal, they confirm that they are permitted to use that PayPal Account. The user also authorizes the MiTu Community Service to collect and store the PayPal tracking information, along with other related transaction information, so that the MiTu Community Service can track payments overtime for group and general MiTu Community Service reporting.
- When a user makes a payment, the user authorizes the MiTu Community Service (and PayPal) to charge the full amount to the PayPal account for the transaction.
- If a user has been determined to have set up fake account(s) to process payments though PayPal, that user will be reported to PayPal as committing fraud. Additionally, Federal, State and Local officials will be notified of the identified fraudulent activities and the offending users will be prosecuted to the fullest extent of the law.
5. Actions We May Take to Protect the Mitu Community Service
As part of Mitu Community Service's effort to keep the MiTu Community Service safe, we may take certain actions to reduce liability for users and the MiTu Community Service.
- The MiTu Community Service may make any inquiries that the MiTu Community Service considers necessary, either directly or through third parties, concerning a user's identity and creditworthiness.
- The MiTu Community Service may cancel any transaction if the MiTu Community Service believes the transaction violates these Payment Terms or the Terms and Conditions, or the MiTu Community Service believes doing so may prevent financial loss for the MiTu Community Service members or subscribers of the group.
- the MiTu Community Service may place a delay on a payment for a period of time, no more than 30 days without written cause to the user's email address and mailing address, limit payment sources for a transaction, limit a user's ability to make a payment or deactivate a user's account if he MiTu Community Service believes doing so may prevent financial loss for he MiTu Community Service or subscribers of the group.
6. Disputes and Reversals for Impacted Subscribers and Group Owners
- If a user believes that an unauthorized or otherwise problematic transaction has taken place under their account, users agree to notify the MiTu Community Service immediately, so that the MiTu Community Service may take action to prevent financial loss. Users should email the MiTu Community Service at firstname.lastname@example.org to provide the following information (Please include the number 4030 so that we can best route your request):
- Subject Line: 4030 - REPORTING FRAUD
- Your community and account email address
- The name of the Group
- The month(s) that include the offending charges
- The incident that prompted the user to report
- To the fullest extent permitted by law, users waive all claims against the MiTu Community Service related to payments unless users submit their claims to the MiTu Community Service up to 30 days after the charge.
- Users are responsible for and agree to reimburse the MiTu Community Service for all reversals, charge-backs, claims, fees, fines, penalties and other liability incurred by the MiTu Community Service (including costs and related expenses) that were caused by or arising out of payments that the user authorized or accepted.
- A user's only remedy for a technical failure or interruption of service with the MiTu Community Service is to request the change in the Subscription Level be performed at a later date when the systems are once again available.
7. Auto Cancellations
- The MiTu Community Service Group Owners and Subscribers are expected to login to the MiTu Community Service periodically to maintain their account as active. When an owner or paying subscribers of a group does not log into their account, no matter the number of groups the account has, for more than 30 days, a reminder is published via an email to the owner providing them a link to their account and reminding them of the existence of the group. Another, notice is published again to the group owner or group subscriber at 60 days indicating that the account exists and may be frozen after 120 days of inactivity.
- Account activity is determined by the user of the MiTu Community Service logging into the MiTu Community Service, regardless of the group being managed or monitored.
- The MiTu Community Service will, at 90 days of inactivity at the account level, email an auto cancellation notification that will take place after 30 days.
- For a paying subscriber in a group, the MiTu Community Service will automatically downgrade a subscription level of a group to the 'free' level if there is no account activity by the owner of the group after 120 days; the Service will notify the subscribers of the group of the action taken.
- The MiTu Community Service, for any groups that are owned by a user, will automatically downgrade all paying subscribers of that group to 'Free' status if the owner of the group has not logged into their MiTu Community Service account for more than 120 days.
- The MiTu Community Service will Freeze the account after 180 days of inactivity (No login), which will require a notice to be sent to the MiTu Community Service Team explaining the inactivity on an account and at the discretion of the MiTu Community Service Team the account may be activated again.
- The MiTu Community Service may remove the account and associated groups owned by that account if 1 year (365 days) of inactivity.
- It will be the responsibility of the group subscriber to reactivate their subscription level.
- It will be the responsibility of the group owner to contact and work with the group subscribers to ensure they have selected the subscription level they desire.
8. Notices and Amendments to the MiTu Community Service Subscription Level Payment Terms
- The MiTu Community Service may provide notices to users by posting them on the MiTu Community Service website, or by sending them to an email address or street address that users have previously provided. Website and email notices shall be considered received by the users within 24 hours of the time posted or sent; notices by mail shall be considered received within three business days of the time sent.
- Except as otherwise stated, users must send notices to the MiTu Community Service relating to payments and these Payment Terms by postal mail to: The MiTu Community Service, Attention: Legal Department, 14371 SW Windsong CT, Tigard, Oregon, 97223.
- When using the MiTu Community Service, the Payment Terms that are currently in place, on the MiTu Community Service at the time of the user's transaction confirmation, will govern that transaction.
- The MiTu Community Service may change these Payment Terms, in whole or in part. All amendments to these Payment Terms will be made pursuant to the 30 day notice after posting as described in Secton 2 item #10. At which time, the changes will take effect.
- All of the commitments users make in the Terms and Conditions apply to payments through the MiTu Community Service. In the event of any conflict between these Payment Terms and the Statement of Terms and Conditions, the Payment Terms shall prevail.
- If a user is between the ages of 13 and 18, the user may make payments or collect payments only with the involvement of a parent or guardian. Under age users should review these Payment Terms with their parents or guardians to make sure that they understand them.
- If users are a resident of or have their principle place of business in the United States of America, these Payment Terms are between the user and the MiTu Community Service.
- Use of the the MiTu Community Service outside of the United States is strictly prohibited. (NOTE: Long term, the MiTu Community Service intends to provide service World Wide if international interest and demand warrents it.)