Last Updated April 23, 2021
ADDITIONAL TERMS OF SERVICE
SUBSCRIPTION BILLING MANAGEMENT SERVICES
The following additional terms of service apply specifically to the FastSpring Subscription Billing Management Services (the “Subscription Billing Management Services Terms of Service”). These Subscription Billing Management Services Terms of Service incorporate by reference the FastSpring Terms of Service for Vendors (the “FastSpring Terms of Service”) which also may be amended from time to time.
SECTION 1. SUBSCRIPTION BILLING MANAGEMENT SERVICES.
1.1. As part of the FastSpring Service, FastSpring will provide subscription billing management services (“Subscription Billing Management”). Subscription Billing Management includes the following:
(a) Ability to manage subscriptions for web-based software applications, software as a service (SaaS), or desktop subscription products;
(b) Ability to select from multiple billing models;
(c) Ability to choose multiple payment options;
(d) Dunning Management: Automatically send reminder notifications to customers about past due accounts
(e) Pricing Flexibility: In addition to base pricing structure, options to create and manage tiered pricing structures, add-ons, upgrades, and cross-sells;
(f) Ability to create promotional offers, including discounts, coupons, free trial periods.
FastSpring may modify or terminate any of these services in its sole discretion at any time.
Vendor shall use and access Subscription Billing Management only through the FastSpring Service.
SECTION 2. BILLING DATA.
2.1. Vendor grants FastSpring the right to retain a copy of the billing information and credit card numbers of Vendor’s customers (“Billing Data”) solely for FastSpring to provide Subscription Billing Management to Vendor. Vendor represents and warrants that it has obtained all applicable consents required by applicable laws: (i) to transfer Billing Data to FastSpring; and (ii) for FastSpring to use Billing Data to provide Subscription Billing Management to Vendor.
2.2. FastSpring shall use commercially reasonable efforts to keep Billing Data confidential and secure in accordance with general industry standards. FastSpring is and will continue to be PCI-DSS compliant and agrees to comply with all applicable state and federal laws and regulations (including those relating to privacy and data security), with regards to FastSpring’s use, access and storage of Billing Data.
SECTION 3. FEES FOR SUBSCRIPTION BILLING MANAGEMENT.
FastSpring will submit Billing Data to the applicable payment gateway and will charge Vendor a fee as set forth on the applicable Order Form. Payment for such invoices are due and payable in accordance with the terms of the Order Form.
SECTION 4. BILLING DATA UPDATES.
Vendor may elect to use an optional feature of Subscription Billing Management which allows for receipt of any update when there is a change to one of Vendor’s customer’s payment methods. In order to enable such functionality for a particular individual, FastSpring must provide that individual’s Billing Data to FastSpring’s third party vendors. Where Vendor elects to use such functionality, Vendor acknowledges and agrees that FastSpring may provide such Billing Data to one or more of FastSpring’s third party vendors in order to enable such functionality.
SECTION 5. DISCLAIMER.
Subscription Billing Management is a subscription management and billing software service. Vendor acknowledges and agrees that with respect to Subscription Billing Management, FastSpring will not hold, accept, transfer, or otherwise possess any monies for Vendor or Vendor’s customers. Vendor agrees that FastSpring is not responsible or liable for any amounts related to any credit-card or payment transaction of Vendor’s customers.
SECTION 6. LEGAL COMPLIANCE.
Vendor represents and warrants that Vendor will only use Subscription Billing Management in compliance with all laws and regulations, including, if applicable, the Restore Online Shoppers’ Confidence Act and the California Purchase Renewals Statute.