Buyer agrees that for all Projects for which Buyer is required to make payment, all payments are to be made and accepted only through a payment mechanism provided or approved by PadStyle Home Interiors, LLC (an “Approved Payment Mechanism”).
To the extent an Approved Payment Mechanism involves the use of a PadStyle’s-approved third-party payment processor (“Payment Processor”), PadStyle may make available, for the convenience of Users, the ability to communicate with and make payments using the Payment Processor through Site. Buyer understands and agrees to the following with respect to any Approved Payment Mechanism, whether or not it involves a Payment Processor, and whether or not PadStyle provides a User with the ability to access or use a Payment Processor’s services through the Site: (a) PadStyle Home Interiors does not oversee or control the receipt or transfer of payments; (b) PadStyle Home Interiors shall have no responsibility or liability for any losses or damages relating to or arising out of the receipt or transmission of payments, including but not limited to losses or damages from misdirected or lost payments, breaches of security, chargebacks, fraud, theft of funds, violations of banking, money-laundering, privacy, or any other laws relating to or arising out of the use of an Approved Payment Mechanism; (c) Buyer shall comply with all terms and conditions imposed by any Payment Processor; (d) Buyer shall be responsible for and shall pay any fees charged to Buyer by a Payment Processor, credit card network, bank, or other financial institution, or otherwise imposed on Buyer as a result of payments made or received through an Approved Payment Mechanism; and (e) Buyer consents to PadStyle or the Payment Processor deducting from any payment made by Buyer, and paying to PadStyle Home Interiors, amounts that are due from Buyer to PadStyle, or delaying the transfer of funds when amounts are due from Maker, whether such amounts are the result of the Project for which the payment is received or otherwise. Nothing herein is intended to limit any rights you may have against a Payment Processor.
All pricing and payments are in U.S. Dollars.
10. PadStyle Fees
Buyer understands and agrees that PadStyle charges fees (“Fees”) for Custom services and technology provided through the Site and otherwise. This includes but is not limited to: a transaction-based service fee (the “Service Fee”) for Users that enter into a Project Agreement and a Project Request fee (the “Project Request Fee”) for Buyers issuing a Project Request.
For each Project, the Service Fee shall be due immediately upon Buyer’s first payment pursuant to the Project Agreement, although PadStyle may, at its sole discretion, opt to defer all or a portion of the Service Fee for a given Project until Buyer makes final payment for that Project.
PadStyle shall have the right to collect the Custom Service Fee directly from the funds that Buyer provides to the Maker through an Approved Payment Mechanism.
From time to time, PadStyle may, at its sole discretion, choose to offer Users discounts on Fees or a credit towards Fees. Unless PadStyle states in writing otherwise, all Fees are final and nonrefundable.
Fees are not limited to those listed above. PadStyle reserves the right to add and charge fees not specifically listed above.
11. Failure to Pay
If Buyer becomes responsible under this Agreement to make any payments to PadStyle and fails to pay such amounts when due, Buyer shall be responsible to PadStyle for all amounts due, plus any applicable processing fees, charges or penalties, collection costs (including but not limited to attorneys’ fees), and interest on the unpaid amount at the lesser of one and one-half percent (1.5%) per month or the maximum allowed by law. In its discretion, and without limiting its other available remedies, PadStyle may setoff amounts due from Buyer against amounts received from or held for Buyer, and may make appropriate reports to credit reporting agencies.
Without limiting the generality of the foregoing or the availability of other remedies, in the event that Buyer fails to make any payment to PadStyle when due, Buyer consents to (a) PadStyle directing any Payment Processor to withhold payments, or any portion thereof, otherwise due to Buyer, and to pay withheld amounts to PadStyle to setoff, in whole or in part, amounts owed to PadStyle; (b) Payment Processor complying with such direction; and (c) PadStyle or Payment Processor charging any Buyer credit cards, bank accounts, or other payment methods or sources available to PadStyle amounts due from Buyer.
12. COMMUNICATIONS WITH USER
13. ELIGIBILITY TO USE THIS SITE
14. LICENCE TO PADSTYLE HOME INTERIORS
15. LIMITATION OF LIABILITY
IN NO EVENT SHALL PADSTYLE HOME INTERIORS, OR ITS SUBSIDIARIES, PARENTS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONSULTANTS, CONTRACTORS, OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, OR INCIDENTAL, ARISING OUT OF OR RELATING TO CUSTOMMADE’S SERVICES, YOUR USE OF CUSTOMMADE’S SERVICES OR THE SITE, THE CONDUCT OF ANY USER (WHETHER TORTIOUS OR OTHERWISE) IN CONNECTION WITH THE USE OF THE SITE BY YOU OR ANY OTHER USER, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, OR EMOTIONAL DISTRESS.
NOTWITHSTANDING THE FOREGOING, TO THE EXTENT PADSTYLE IS EVER DETERMINED TO BE LIABLE TO YOU, YOU AGREE THAT PADSTYLE’S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF PADSTYLE’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONSULTANTS, CONTRACTORS, OR SUPPLIERS, SHALL BE LIMITED TO THE AMOUNT OF FEES PADSTYLE ACTUALLY RECEIVED AS A RESULT OF ANY PROJECTS YOU PURCHASED IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY.
THESE LIMITATIONS SHALL APPLY TO ANY LIABILITY ARISING FROM ANY CAUSE OF ACTION WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF PADSTYLE IS ADVISED OF THE POSSIBILITY OF SUCH COSTS OR DAMAGES, AND EVEN IF THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE. IN NO EVENT SHALL PADSTYLE BE LIABLE TO YOU, AND YOU WAIVE ANY RIGHT TO SEEK FROM PADSTYLE, CONSEQUENTIAL OR SPECIAL DAMAGES.
16. ELECTRONIC COMMUNICATION
Buyer consents to receive communications from PADSTYLE electronically, by email, posting on the Site, or messages to Buyer through the Site. Buyer agrees that all notices, communications, deliveries, or process shall be deemed delivered to and served on Buyer upon emailing, posting, or sending through the Site, regardless of whether such notices, communications, deliveries, or process actually reach or are read by Buyer. Buyer waives any formal service or hard-copy delivery rights with respect to any communication, notices, deliveries or process arising out of or relating to the PADSTYLE Service or the Site.
17. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that your work has been copied and posted on our Site in a way that constitutes copyright infringement, please provide us with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on our Site; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. PadStyle Home Interiors,’s copyright agent to whom you should provide such information is as follows: PadStyle Home Interiors, LLC, Attention: Debbie Long, 165 Chestnut Drive Madison, Al 35758. You may also provide this information electronically to firstname.lastname@example.org