Payment Terms – Terms and Conditions
Please read these Payment Terms and Conditions (“Payment Terms”) carefully as they contain important information about your legal rights, remedies and obligations. The Payment Terms are incorporated by reference into, and considered a part of, the knnct App Terms and Conditions (“Terms and Conditions”).
Last Updated: June 15, 2021
These Terms and Conditions (the “Agreement”), dated as of the date of acceptance by the Member, govern the procurement of and use by the Member of its subscription to the knnct App, knnct.com Platform, knnct.com Platform or knnct Platform and the Services (the “Service”). This Agreement includes and incorporates by reference each order form that provides the type, payment terms and additional terms and conditions for the Services (including, without limitation, the Service Agreement) offered by knnct Markets Corp., a Canadian corporation, (the “Service Provider”) and the subscription for those Services by the Member.
You may only subscribe for and/or use the Services if your acceptance of these Payment Terms is not prohibited by applicable law. As noted in the Terms and Conditions, you must be (i) 18 years of age or older and (ii) validly and properly licensed in the jurisdiction where you operate to provide lending or broker services in order to use the Services. If you are under age 18, you may not use the Services under any circumstances or for any reason. By registering with knnct, using or utilizing the knnct.com Platform and/or knnct Platform, and/or otherwise using the Services, you represent that you are (i) at least 18 years of age and (ii) validly and properly licensed in the jurisdiction where you operate to provide lending or broker services.
If you do not agree to these Payment Terms, you may not subscribe to the Services or otherwise obtain paid services (including access to the Data) made available by Service Provider. By using any part of the Services, or by creating a user account, you signify your acceptance of these Payment Terms. You should review these Payment Terms each time you subscribe for, order and/or purchase any subscription or other paid services offered by Service Provider. If we make amendments to these Payment Terms, we will post a notice on the Services. You will be deemed to have accepted these Payment Terms, as amended, if you continue to use the Services after said notice has been posted.
Certain of our Services (including posting mortgage deal or loan opportunities, receiving messages regarding relevant mortgage deal or loan opportunities, and uploading and storing, and accessing, mortgage documents and Data in the knnct App cloud) are subject to payments (the “Paid Services”). Please note that any payment terms presented to you by us in the process of using or signing up for Service Provider Paid Services are deemed part of this Agreement. You agree to pay for and authorize us to charge your payment method for the cost of Paid Services, including applicable taxes and fees.
Reaffirmation of authorization
Your non-termination or continued use of a Paid Service reaffirms that we are authorized to charge your Payment Method (defined below) the applicable subscription price for that Paid Service. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to receive payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected to use the Paid Service.
Free trials and other promotions
Service Provider may provide you with the option to enroll in a free trial offer of our Services. The free trial offer is governed by the Payment Terms, the Terms and Conditions, and the terms presented to you when you sign up for the offer.
Some of our free trial offers may obligate you to make a decision to convert to a paid subscription or pay a Mortgage Origination Connection Fee if you do not cancel before the free trial ends. In addition, some of our free trial offers may convert to a paid subscription if you do not cancel before the free trial ends. In those circumstances, we may ask you to provide an applicable billing payment method to register for the free trial offer to the subscription service provided on or through the Services or you may be asked to provide an applicable billing payment method when you make your decision to continue to use the Services and make your election to a paid subscription or pay a Mortgage Origination Connection Fee. You agree that Service Provider may obtain a pre-authorization for the full subscription price that you will be automatically charged if you complete the free trial and continue the subscription service or make the election to continue to use the Services and make your election to a paid subscription or pay a Mortgage Origination Connection Fee. It is possible that some financial institutions may perceive these requested amounts as actual pending charges. These are not actual charges, and you agree that Service Provider will not be responsible for any results, such as an overdraft fee, that may occur to your account with a financial institution as a result of such authorizations. If you cancel your subscription during the free trial, you will not be charged for the subscription price. You authorize Service Provider to continue your subscription until cancelled and, on a recurring monthly basis, to charge the payment method you provided the then-current monthly cost of your subscription if you do not cancel during the free trial period.
Any free trial or other promotion that provides access to a Paid Service must be used within the specified trial period. You must stop using a Paid Service and cancel your Subscription before the end of the trial period in order to avoid being charged for that Paid Service. If you cancel prior to the end of the trial period and are inadvertently charged for a Paid Service, please contact us at email@example.com .
To use the knnct App, knnct.com Platform or knnct Platform and Services – as an unpaid broker user to post a limited number of Mortgage Deals, as a paid subscriber or as part of an unpaid trial run — you will need to create an account and provide certain registration information about yourself and the organization that you work with. As per our Terms and Conditions, you acknowledge that you are responsible for keeping your account and password secure, with carefully restricted access. You agree to accept responsibility for all purchases and other activities that occur under your account. Service Provider reserves the right to deny or cancel orders, and Service Provider may, in its sole discretion, terminate or suspend accounts. In the event that Service Provider terminates your account due to an actual or suspected violation of the Terms and Conditions or Payment Terms, Services purchased in according with these Payment Terms or Terms and Conditions may be forfeited without any refund.
Service Provider accepts various forms of payment, as set forth on the Service Provider Site from time to time. The terms of your payment will be based on the method of payment that you choose (the “Payment Method”) and may be governed and determined by terms and conditions and agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. By subscribing to Service Provider or submitting an order for other paid services offered through the Services, you authorize Service Provider, or its designated payment processor, to charge the account you specify for the purchase amount. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand. All payments are to be made in the currency designated by us.
We use a third-party payment processor (the “Payment Processor”) to bill the payment method you provide (your “Billing Account”) for use of the Paid Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Agreement. We are not responsible for any error by the Payment Processor. By choosing to use Paid Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
If you enroll for subscription-based Paid Services that involves payment to us on a recurring basis, you authorize Service Provider or its payment processor to charge the applicable recurring subscription fees to your designated billing payment method. When you initially subscribe to such Paid Services, you will be charged immediately for the initial period of the subscription at the then-current fee. Some of the Paid Services may consist of an initial period, for which there is a one-time charge, followed by recurring periodic charges as specified on the Services. By choosing a recurring payment plan, you acknowledge that such Services have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation.
WE MAY SUBMIT PERIODIC CHARGES FOR SUBSCRIPTION-BASED PAID SERVICES (E.G., MONTHLY FEES) WITHOUT OBTAINING ANY FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, GO TO MY ACCOUNT.
Current information requirement
YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE ON YOUR MY ACCOUNT PAGE. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF PAID SERVICES UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR PAID SERVICES AS SET FORTH ABOVE.
Auto-renewal for subscription services
Subscription Services you have signed up for will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional rate. To change or terminate your Subscription Services at any time, go to My Account or contact customer service at: firstname.lastname@example.org. If you terminate a Subscription Service, you may use your subscription until the end of your then-current term; your subscription will not be renewed after your then-current term expires. However, you won’t be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.
Canceling paid subscriptions
To cancel an ongoing, paid subscription, please go to My Account and follow the process described therein. Once you have cancelled your subscription, Service Provider will stop billing you until and unless you re-subscribe under your account or any other. Any and all fees that you have paid and charges made prior to cancellation or termination of your account are non-refundable. If you have a recurring monthly subscription, all subscription amounts previously paid – including the amount paid for the month in which the cancellation occurs – are non-refundable.
If Service Provider believes that you have violated these Payment Terms or the Terms and Conditions, we may suspend or terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your account. All fees paid hereunder are non-refundable. Service Provider may also in its sole discretion, and at any time, modify or discontinue the subscription service, or any part thereof, with or without notice. You agree that Service Provider is not liable to you or any third-party for any interference with, or termination of, your access to the subscription service.
We may also deactivate your account without notice to you if payment is past due, regardless of the amount. You agree to pay any outstanding balance in full within thirty (30) days of cancellation or termination of your subscription. You may update any of your billing information (including a change to your desired billing payment method) through your account settings on the Service Provider Site or knnct.com Platform or knnct Platform.
Service Provider is accessible on compatible mobile devices. An Internet enabled mobile device on which you have downloaded our applicable mobile knnct.com Platform or knnct Platform is required. Standard data and usage charges instituted by your mobile carrier may apply (and are not included in any subscription fee paid to Service Provider) and you are solely responsible for such charges. Check with your mobile carrier regarding the terms of your individual data or usage plan.
Mobile use abroad
Most mobile carriers charge a fixed monthly price for data services, and the terms of your data plan may change when traveling abroad. Accessing the knnct app or knnct.com Platform or knnct Platform and/or receiving emails notifying you of relevant mortgage deal or loan opportunities require an internet enabled device and may result in data and usage charges. Your carrier may charge additional fees or higher rates for data usage if you do not have an international plan. It is your responsibility to contact your mobile carrier before traveling to another country. Service Provider is not responsible for any additional charges incurred when you use the Services abroad.
Limitations of Liability; Disclaimer of Warranty
The following limitations of liability and disclaimers of warranties shall apply to the Agreement:
(a) IF SERVICE PROVIDER SHALL BE LIABLE TO THE MEMBER FOR ANY MATTER RELATING TO OR ARISING FROM THE AGREEMENT, WHETHER BASED UPON AN ACTION OR CLAIM IN CONTRACT, WARRANTY, EQUITY, NEGLIGENCE, INTENDED CONDUCT OR OTHERWISE, THE AGGREGATE AMOUNT OF DAMAGES RECOVERABLE AGAINST SERVICE PROVIDER WITH RESPECT TO ANY AND ALL BREACHES, PERFORMANCE, NONPERFORMANCE, ACTS OR OMISSIONS HEREUNDER, DATA BREACHES, FAILURE TO COMPLY WITH PRIVACY AND DATA SECURITY LAWS, OR ANY REASON WHATSOEVER WILL NOT EXCEED THE LESSER OF $50,000 or the AGGREGATE AMOUNT OF FEES ACTUALLY PAID FOR THE SERVICES OR WORK PRODUCT THAT LED TO THE CLAIM OR ACTION IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM OR ACTION.
(b) IN NO EVENT SHALL EITHER PARTY OR ITS PERSONNEL BE LIABLE FOR CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES, COSTS, EXPENSES, OR LOSSES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS AND OPPORTUNITY COSTS) NOR SHALL THEY BE LIABLE FOR ANY CLAIM OR DEMAND AGAINST THE OTHER PARTY BY ANY THIRD PARTY EXCEPT AS OTHERWISE SPECIFICALLY STATED HEREIN. THE PROVISIONS OF THIS SECTION SHALL APPLY REGARDLESS OF THE FORM OF ACTION, DAMAGE, CLAIM, LIABILITY, COST, EXPENSE, OR LOSS, INCLUDING WITHOUT LIMITATION LOSS OF DATA, LOSS OF PRIVACY OR LOSS OF SECURITY, WHETHER IN CONTRACT, STATUTE, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE.
(c) EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN THE AGREEMENT, SERVICE PROVIDER MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, AND SERVICE PROVIDER CANNOT AND DOES NOT GUARANTY ANY RESULT OR THE EFFECTIVENESS OR PERFORMANCE OF THE SERVICES. ANY SERVICES ARE PROVIDED “AS IS,” AND ANY IMPLIED WARRANTY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT IS EXPRESSLY DISCLAIMED.
For help with billing questions or other order inquiries, please email: email@example.com