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