PLEASE READ THIS USER AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION  CONCERNING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS 

These Terms and Conditions (“Terms”) are a contract between you (“You” or “User”) and  Brightside Childcare Solutions, LLC (“Provider”). Brightside Childcare Solutions, LLC provides  these AutoPay services on behalf of the child care facility in which your child(ren) is(are) enrolled  (“Care Provider”). To use Provider’s AutoPay service, you must read, agree to, and accept the  Terms. 

By enrolling in Provider’s AutoPay service, you are authorizing Provider to automatically debit  the bank account or credit card account you provide each billing period to pay your balance with  Care Provider.  

Participation and Registration. Participation in Provider’s AutoPay service is optional. To  participate in Provider’s AutoPay service, you must complete an AutoPay registration via the  Parent Portal. By participating in AutoPay, you authorize Provider to communicate with you via  the email address you provide for your account, and acknowledge that Provider will use the email  provided as the exclusive form of communication concerning AutoPay. 

Eligibility. You are eligible to participate in AutoPay if you are not on a cash-only payment status,  and either your bank is an accredited financial institution capable of accepting withdrawals and  deposits through the Automated Clearing House (ACH) Network, or your credit/debit card is in  good standing with sufficient credit or funds to cover the anticipated account balance. By  registering for AutoPay, you warrant and represent that you are eligible for AutoPay.  

Method of Payment. You must choose from the following payment methods: (1) ACH Payment;  (2) Credit Card/Debit Card (Visa, Mastercard, Discover are accepted). Your payment details  (account number, financial institution, credit card number, etc.) are submitted via the Parent  Portal. 

You are responsible for ensuring the payment information and contact information you provided  are accurate and up to date.  

Service Fee. There is a service fee for online payments, including AutoPay. The service fee rates  can be found in the Parent Portal where your banking information is entered. 

Payment Transaction. Funds equaling your balance with Care Provider, plus the applicable  Service Fee, will be automatically debited to your method of payment when said balance  becomes due. Payments will be debited on the first day of the bi-weekly tuition period. Care  Provider reserves the right to modify payment due date. 

External Authorization. To the extent necessary, you must provide authorization, including  executing any necessary authorization documents, to your bank, financial institution, and/or  credit card company for Care Provider to debit payments from the respective account. 

Failed payment and past due balances, and any resulting penalties, caused by failure to secure  necessary authorization from your financial institution(s) will be solely your responsibility.  

Non-honored transactions. If the AutoPay transaction is not honored by the financial institution,  you are responsible for all unprocessed payments plus a late payment fee imposed by Care  Provider, Provider and/or the financial institution. In addition, the AutoPay feature for the  account may be suspended, and possibly deactivated, and you may no longer be eligible for  AutoPay.  

Changes. Account holders wishing to update/change their banking information are required to  update their own information via the Parent Portal. 

Cancellation. To cancel AutoPay, you must disenroll in the AutoPay feature via the Parent Portal  account prior to the beginning of the tuition period. Any charges that remain unpaid after the  due date will be subject to a Late Payment Fee. 

Unauthorized Use. If there is any reason to believe your account has been accessed without your permission, immediately contact Care Provider. The account holder should also contact the  financial institution. Account holder should notify Care Provider immediately if any unauthorized  payments to provider appear on account holder’s bank account. 

Termination. Care Provider reserves the right to discontinue AutoPay payment service at any  time, for any reason without prior written notice.  

Limitation on Liability: IN NO EVENT WILL PROVIDER, ITS SUBSIDIARIES, OR AFFILIATED THIRD  PARTIES BE LIABLE FOR INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY,  PUNITIVE OR MULTIPLE DAMAGES, OR FOR LOSS OF PROFITS, GOODWILL, DATA, OR BUSINESS  INTERRUPTION ARISING FROM OR IN CONNECTION WITH THE EXISTENCE, USE, INABILITY TO USE,  OR THE RESULTS OF USE OF THE PARENT PORTAL OR THE MATERIALS OR INFORMATION  CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR  ANY OTHER LEGAL THEORY AND WHETHER OR NOT PROVIDER HAS BEEN ADVISED OF THE  POSSIBILITY OF SUCH DAMAGES. 

IF YOUR USE OF THE MATERIALS RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION  OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF.

APPLICABLE LAW OF SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF  INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR MULTIPLE  DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. 

Amendments. Care Provider and/or Provider may, at its sole discretion, amend the Terms at any  time by posting the revised version on the Terms on Care Provider’s/Provider’s website(s). Care  Provider/Provider may provide advance notice of any amendment substantially changing these  Terms by posting a notice of amendment, or a link to view the amendment, on Care  Provider’s/Provider’s website.

Effective as of June 22, 2021