terms - 240 Group

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Terms of Service*
TERMS OF SERVICE AGREEMENT

This Terms of Service Agreement (this “Agreement”) is made and entered into by and between you (“You” or “User”) and 240 Group, Inc. (“240 Group”, “We”, “Us” or “Our”). In consideration for the Fees (as defined herein) to be paid by You pursuant to the terms and conditions of this Agreement, We agree to provide You with certain services requested by You which may include, but are not limited to: (i) access to certain Material (as defined herein); (ii) construct, create and manage Your website; (iii) website hosting services, communication tools and forums; (iv) customer data, feedback, comments and reviews; (v) brand and reputation management services; and (vi) other services requested by You and agreed to by 240 Group (collectively the “Services”) directly and through Our website and associated domains of [insert primary domain name] (the “Site”).

1. Our Materials. In association with providing You the Services, We will also provide You with access to certain material that is owned by Us or our licensors, including but not limited to, software, informational text, files, documents, images, photographs, graphics, audio, video, messages, interactive and instant messaging, documentation, website design, architecture, layout and “look and feel”, and other materials provided by Us to You, including any derivative works thereof (collectively the “Materials”). The Materials are owned by Us or other parties that have licensed the Materials to Us and are protected by copyright, trademark, trade secret and other intellectual property laws. You acknowledge and agree that this Agreement does not affect any transfer of title in the Materials and that the Materials shall remain the sole and exclusive property of 240 Group or its licensor.

2. Limited License. Subject to the terms and conditions of this Agreement, 240 Group hereby grants You a limited, revocable, non-transferable and non-exclusive license to use the Materials for the sole and exclusive purpose of accessing and utilizing the Services. By accepting the rights granted by 240 Group hereunder, You agree that You will not, without the prior express written consent of 240 Group: (i) reproduce, republish, sell, license, sublicense, distribute, lease or otherwise transfer or allow the transfer of the Materials to third parties; (ii) use the Materials in any manner inconsistent with the rights granted above; (iii) modify or create derivative works of the Materials; or (iv) attempt to decompile, disassemble or reverse engineer any source code or underlying ideas, algorithms, structure or organization used in or with the Materials. In the event We provide You with any third party products or services under the terms of this Agreement, You agree to comply with the terms and conditions of any end user license agreement or other restrictions of use required by such third parties in association with the use of their products or services.

3. Your Content. You hereby warrant and represent to 240 Group that You are the owner or licensee of all information, data, software, text, files, documents, images, photographs, graphics, audio, video, and other materials that You provide to Us in association with Your use of the Services (collectively “Your Content”). You hereby grant 240 Group a worldwide, royalty-free, non-exclusive license to host and use Your Content in association with providing the Services to You. You are solely responsible for Your Content and 240 Group is not responsible to monitor, verify, or otherwise confirm Your ownership or right to use Your Content. You agree to indemnify and hold 240 Group harmless from any and all claims, liabilities, or actions brought by any third party against 240 Group in association with 240 Group’s use of Your Content in accordance with the terms of this Agreement.

4. Third Party Account Information. In association with the Services that You have requested We provide You, it may be necessary for You to provide Us with certain third party account information, such as login and password information. You agree that You are in compliance with any contracts, agreements, or terms of use in association with such third party services and you have the right to provide Us with such access, login and password information.

5. Fees and Payment. You agree to pay Us the fees associated with the package or level of Services that You have requested (the “Fees”). You agree to pay the Fees and other amounts due to Us or Our vendors in monthly installments, in advance. All payments shall be by automated clearing house (ACH) through the electronic funds-transfer system, unless We give You advance written consent to the contrary. We are not obligated to provide You Services if We have not received Your payment in advance of Our providing those Services. If We have provided You with Services for which You have not made payment to us (or if any payment to us for Services is reversed or refunded without our permission), then to the extent permitted by law, You agree to pay us promptly for such services upon Our written demand, together with a late charge of twelve percent (12%) per annum on the unpaid amount from the end of the month that such Services were provided until the date of Your payment.

6. Term and Termination. Our Services shall commence on the date specified in Your application for services that We accept and shall continue month-to-month thereafter until either party gives the other at least twenty-eight (28) days advance written notice, to be effective at the end of a monthly billing cycle. Notwithstanding the foregoing, We may immediately terminate the Agreement cease providing You with the Services in the event: (i) You do not make advance payment before the date that the Services for that month are to commence or You breach or are in default under this Agreement or Our Terms of Use; (ii) Your use of Our Site or the Services causes or is likely to cause harm to Us, Our affiliates or subsidiaries, Our shareholders, directors, officers, employees or agents, or Our other customers; or (iii) We believe that Your access to or use of Our Site or Services violates applicable laws or is offensive, indecent, obscene, libelous, defamatory, threatening, harassing, harmful to minors, child pornographic or that contains illegal content. We are not liable to any party for damages arising from Our termination of Your access to or use of the Site or Services.

7. Effect of Termination. In the event of a termination of this Agreement and Your use of the Services, We may immediately restrict or prohibit Your access to the Site. Upon payment of all Fees and other amounts due and owing to Us or our vendors, We will provide You with Your website and domain name. Provided however, You agree to continue to be bound by the terms and conditions of this Agreement and the limited license granted herein, in association with any Materials incorporated into Your website and the same shall survive the termination of this Agreement. Provided further, the rights and remedies of 240 Group with respect to the ownership of its Materials and any violation or breach by You of the limited license granted herein shall survive the termination of this Agreement.

8. Sales and Taxes. In the event You choose to sell or purchase goods or services through Your website or other websites hosted or designed by 240 Group, You are solely responsible for negotiating and completing any such transactions and processing any payments associated therewith. You are further responsible to determine whether sales or use taxes apply to any such transaction and to collect, report and remit any such tax to the appropriate jurisdiction. You hereby agree to indemnify, defend and hold harmless 240 Group, its shareholders, directors, officers, employees and agents from and against all third-party losses, expenses, damages and costs (including reasonable attorneys’ fees) resulting from the sale or purchase or goods or services through Your website or other websites hosted or designed by 240 Group.

9. Your Website Terms. You are solely responsible for drafting, implementing, and enforcing the terms of use and privacy policy for Your website. We strongly recommend that You seek the assistance of legal counsel in association with drafting these important legal documents. We may, by electronic notice to You or by amendment to this Agreement, require that You include certain terms and conditions in Your terms of use and privacy policy and You agree to incorporate such terms and conditions upon notice thereof. You hereby agree to indemnify, defend and hold harmless 240 Group, its shareholders, directors, officers, employees and agents from and against all third-party losses, expenses, damages and costs (including reasonable attorneys’ fees) arising from or related to ths use of, access to, interaction with or reliance upon Your website or its terms of use or privacy policy.

10. No Express or Implied Warranties. 240 GROUP MAKES NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS OF ANY KIND (INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICES. 240 GROUP ASSUMES NO LIABILITY FOR ANY DAMAGES SUFFERED BY YOU, INCLUDING, BUT NOT LIMITED TO, MISTAKES, OMISSIONS, LOSS OF DATA, DELAYS IN OPERATION OR TRANSMISSION, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, COMPUTER VIRUSES OR SERVICE INTERRUPTIONS OF ANY KIND, OR ANY FAILURE OF PERFORMANCE, COMMUNICATIONS FAILURE, DESTRUCTION OR UNAUTHORIZED ACCESS TO OUR RECORDS, INFORMATION OR SERVICES. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY 240 GROUP, ITS EMPLOYEES, AGENTS OR THIRD-PARTY PROVIDERS SHALL CREATE A WARRANTY OR LICENSE, UNLESS EXPRESSLY PROVIDED IN WRITING BY A PRESIDENT OR VICE PRESIDENT OF 240 GROUP.

11. No Indirect or Consequential Damages. NEITHER WE NOR YOU SHALL BE LIABLE TO THE OTHER OR ANY THIRD PARTY FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS OR GOODWILL, LOSS OF PROFITS, LOSS OF ANTICIPATED PROFITS, OR BUSINESS INTERRUPTION) ARISING OUT OF OR IN CONNECTION WITH OUR SERVICES, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORSEEABLE.

12. Limitation of Liability. IN THE EVENT OF ANY LIABILITY OF 240 GROUP RESULTING FROM OR CAUSED BY THE SERVICES (EXCEPT FOR INTENTIONAL WRONGDOING OR GROSS NEGLIGENCE), THE TOTAL LIABILITY OF 240 GROUP AND ITS AFFILIATES AND SUBSIDIARIES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS (TAKEN TOGETHER IN THE AGGREGATE) TO YOU SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO US DURING THE THREE (3) MONTHS PRECEDING THE DATE OF THE ACCRUAL OF LIABILITY. EACH PARTY SHALL HAVE A DUTY TO MITIGATE DAMAGES FOR WHICH THE OTHER PARTY IS RESPONSIBLE.

13. Subject to Legal Restrictions. Some jurisdictions do not allow for the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Therefore, some of the above limitations may not apply to You. The exclusion of warranties and the limitation or exclusion of liability shall be enforceable to the fullest extent permitted by law.

14. Indemnification. You agree to indemnify, defend and hold harmless 240 Group, its shareholders, directors, officers, employees and agents from and against all third-party losses, expenses, damages and costs (including reasonable attorneys’ fees) resulting from: (i) any breach or violation of this Agreement; (ii) any unlawful activity related to Your use of Our Site or Services or any other person accessing Our Site or Services using Your account; (iii) any content posted by You in connection with Your use of Our Services; or (iv) Your wrongful acts or negligence in Your performance of Your obligations or Your use of Our Services.

15. Injunctive Relief. In the event of a breach, violation or default by You of the terms and conditions of this Agreement, in addition to Our right to terminate, We will be entitled, without proof of damages, to immediate injunctive relief (including but not limited to, a temporary restraining order, temporary injunction and permanent injunction, all without bond), restraining You from any further breach, violation or default. Notwithstanding anything contained herein to the contrary, this section will not be construed to limit Our rights to pursue any other remedy or relief available under this Agreement or otherwise available. You further agree that Our pursuit of any remedy under this Agreement or otherwise available will not constitute an election of remedies by Us.

16. Trademarks. All 240 Group trademarks and service marks, logos, slogans and taglines are the sole and exclusive property of 240 Group or its licensor. Nothing contained in this Agreement shall be construed as granting You a license or right to use any trademarks, services marks, logos, slogans or taglines displayed on the Site without Our express written consent or the express written consent of Our licensor.

17. Terms and Conditions of Use and Privacy Policy. You acknowledge and agree that You have read and understand Our Terms and Conditions of Use and Privacy Policy and that You will comply with the terms thereof. A breach or violation of Our Terms and Conditions of Use shall be deemed a default under the terms and conditions of this Agreement.

18. Amendment. We reserve the right, in our sole discretion, to modify or replace any part of this Agreement at any time, effective upon the date of the change. In the event of any such change, we will post a notice on the Site that we have changed this Agreement. Your continued use of or access to the Services following the posting of any such changes to this Agreement constitutes acceptance of those changes.

19. Force Majeure. In the event We are delayed, hindered or prevented from the performance of the Services, and such delay or hindrance is due to causes beyond Our reasonable control (including but not limited to strikes, government orders, civil commotion, war, terrorism, interruption in the internet, power outages, fire, or other casualty) then the performance of such Services shall be excused for the period of such delay. In that event, the time period for performance of the Services shall be reasonably extended until We are able to resume performance.

20. Entire Agreement. This Agreement, Our Terms of Use, and Our Privacy Policy constitute the entire agreement between You and Us relating to Your access and use of Our Services and Our website. A printed version of this Agreement, Our Terms of Use, or Our Privacy Policy, and any related notice given in electronic form related thereto, shall be admissible in judicial or administrative proceedings based upon or related to this Agreement, Our Terms of Use, or Our Privacy Policy to the same extent and subject to the same conditions as other business contracts, agreements, documents and records originally generated and maintained in printed form.

21. Governing Law and Waiver. This Agreement shall be subject to and governed by the laws of the State of Wisconsin, excluding any choice of law rules that may direct the application of the laws of another jurisdiction. Our failure to insist upon strict performance of any provision does not constitute a waiver of Our rights and remedies under this Agreement.

22. Severability. If any provision of this Agreement is found or declared to be invalid or unenforceable by any court having jurisdiction, such finding or declaration shall not invalidate any other provision hereof, and this Agreement shall thereafter continue in full force and effect except that such invalid or unenforceable provision, and (if necessary) other provisions hereof, shall be reformed by a court of competent jurisdiction so as to effect insofar as is practicable the intention of the parties as set forth in this Agreement. Provided, that if such court is unable or unwilling to effect such reformation, the invalid or unenforceable provision shall be deemed deleted to the same extent as if it had never existed.

23. Gender and Number. Words which import one gender shall be applied to any gender where appropriate. The singular imports the plural and the plural imports the singular where appropriate.

24. No Assignments. You may not assign Your right to use the Services to any other party without Our written consent.

25. Notices. All notices to 240 Group shall be made in writing and shall be sent by certified or registered mail to: 240 Group, Inc., Attn: President, 240 2nd Street South, Wisconsin Rapids, Wisconsin 54494 or by email to ___________________.

26. Name Changes. As Our company grows or expands its services and products, We reserve the right to change Our company name and/or to change the names of Our services and products by notifying you by email or by posting the changes on our website.

TERMS AND CONDITIONS OF USE

1. Acceptance. 240 Group, Inc. (hereinafter “240 Group,” “We,” “Us” or “Our”) hosts a website that you might visit and We provide services that you might purchase and use as our customer (hereinafter “You” or “Your”) subject to Your acceptance of and compliance with the terms and conditions of use described below (hereinafter “Terms of Use”), our License Agreement and Our Privacy Policy (hereinafter our “Terms and Policies”). By accessing, browsing and/or using Our website, or by purchasing, accessing and/or using Our services, You agree to be bound by Our Terms and Policies. If You do not agree to be bound by Our Terms and Policies, then You are not authorized or permitted to access or use Our website or to purchase and use Our services.

2. Modifications to the Terms of Use. We reserve the right to change these Terms of Use at any time and from time to time. We will do so by posting revised Terms of Use on Our website. The date of the version of these Terms of Use is stated at the bottom of the page. Please review the Terms of Use periodically. Your continued use of Our website and/or Your use of Our services following the posting of changes to these Terms of Use will mean You accept the changes.

3. Your Responsibilities. You are responsible for the following:

A. Fully complying with Our Terms and Policies.

B. Providing us with complete and accurate information about Your company or business that We request so that We are able to provide You with the services that You purchase.

C. Paying for the services that You purchase from us or from Our vendors in monthly installments, in advance. All payments shall be by automated clearing house (ACH) through the electronic funds-transfer system, unless We give You advance written consent to the contrary. We are not obligated to provide You services if We have not received Your payment in advance of Our providing those services. If We have provided You with services for which You have not made payment to us (or if any payment to us for services is reversed or refunded without our permission), then to the extent permitted by law, You agree to pay us promptly for such services upon Our written demand, together with a late charge of twelve percent (12%) per annum on the unpaid amount from the end of the month that such services were provided until the date of Your payment.

4. Duration and Termination.

A. Our services shall commence on the date specified in Your application for services that We accept and shall continue month-to-month thereafter until either party gives the other at least twenty-eight (28) days advance written notice, to be effective at the end of a monthly billing cycle.

B. We may immediately terminate Our agreement to provide services to You and may prohibit Your access to and use of our website if:

(i) You do not make advance payment before the date that the services for that month are to commence or You breach or are in default under any of Our Terms and Policies.

(ii) Your use of Our website or the services causes or is likely to cause harm to (a) Us, (b) Our affiliates or subsidiaries, (c) Our shareholders, directors, officers, employees or agents, or (d) Our other customers.
(iii) We believe that Your access to or use of Our website or services violates applicable laws or is offensive, indecent, obscene, libelous, defamatory, threatening, harassing, harmful to minors, child pornographic or that contains illegal content.

We are not liable to any party for damages arising from Our termination of a customer’s access to or use of Our website or Our services, other than to refund any prepaid fees paid by the customer for such future services.

5. No Prohibited or Unlawful Use. You agree that you will not use Our website or services for any purpose that is unlawful or is prohibited by Our Terms and Policies. You agree to comply with applicable laws. You agree to not engage in any conduct that would cause a termination under Section 4(B)(ii) or (iii) above.

6. Your Responses to Customers. You agree that You are responsible for whatever material You submit, provide or offer in response to customer comments, reviews or ratings, including its legality, reliability, appropriateness and originality.

7. Copyright and Restrictions on Use. All materials on this website are protected by intellectual property laws. Material from this website (“Materials”) may not be copied, distributed, republished, uploaded, posted or transmitted in any way, without the prior written consent of 240 Group, except as expressly related to Your proper and legal use of Our services. Modification or use of Materials for any other purpose violates intellectual property laws. No legal title or intellectual property rights are transferred to You by Your use or download of Materials from this website or in connection Our services, and such Materials shall remain with 240 Group or its licensors.

8. No Express or Implied Warranties. 240 GROUP MAKES NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS OF ANY KIND (INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO ITS SERVICES. 240 GROUP ASSUMES NO LIABILITY FOR ANY DAMAGES SUFFERED BY YOU, INCLUDING, BUT NOT LIMITED TO, MISTAKES, OMISSIONS, LOSS OF DATA, DELAYS IN OPERATION OR TRANSMISSION, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, COMPUTER VIRUSES OR SERVICE INTERRUPTIONS OF ANY KIND, OR ANY FAILURE OF PERFORMANCE, COMMUNICATIONS FAILURE, DESTRUCTION OR UNAUTHORIZED ACCESS TO OUR RECORDS, INFORMATION OR SERVICES. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY 240 GROUP, ITS EMPLOYEES, AGENTS OR THIRD-PARTY PROVIDERS SHALL CREATE A WARRANTY OR LICENSE, UNLESS EXPRESSLY PROVIDED IN WRITING BY A PRESIDENT OR VICE PRESIDENT OF 240 GROUP.

9. No Indirect or Consequential Damages. NEITHER WE NOR YOU SHALL BE LIABLE TO THE OTHER OR ANY THIRD PARTY FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS OR GOODWILL, LOSS OF PROFITS, LOSS OF ANTICIPATED PROFITS, OR BUSINESS INTERRUPTION) ARISING OUT OF OR IN CONNECTION WITH OUR SERVICES, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORSEEABLE.

10. Limitation of Liability. IN THE EVENT OF ANY LIABILITY OF 240 GROUP RESULTING FROM OR CAUSED BY ITS SERVICES (EXCEPT FOR INTENTIONAL WRONGDOING OR GROSS NEGLIGENCE), THE TOTAL LIABILITY OF 240 GROUP AND ITS AFFILIATES AND SUBSIDIARIES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS (TAKEN TOGETHER IN THE AGGREGATE) TO YOU SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO US DURING THE THREE (3) MONTHS PRECEDING THE DATE OF THE ACCRUAL OF LIABILITY. EACH PARTY SHALL HAVE A DUTY TO MITIGATE DAMAGES FOR WHICH THE OTHER PARTY IS RESPONSIBLE.

11. Subject to Legal Restrictions. Some jurisdictions do not allow for the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Therefore, some of the above limitations may not apply to You. The exclusion of warranties and the limitation or exclusion of liability shall be enforceable to the fullest extent permitted by law.

12. Indemnification. You agree to indemnify, defend and hold harmless 240 Group, its shareholders, directors, officers, employees and agents from and against all third-party losses, expenses, damages and costs (including reasonable attorneys’ fees) resulting from: (a) any breach or violation of Our Terms and Policies, (b) any unlawful activity related to Your use of Our website or services or any other person accessing Our website or services using Your account, (c) any content posted by You in connection with Your use of Our services or (d) Your wrongful acts or negligence in Your performance of Your obligations or Your use of Our services.

13. Force Majeure. In the event We are delayed, hindered or prevented from the performance of Our services, and such delay or hindrance is due to causes beyond Our reasonable control (including but not limited to strikes, government orders, civil commotion, war, terrorism, interruption in the internet, power outages, fire, or other casualty) then the performance of such services shall be excused for the period of such delay. In that event, the time period for performance of the services shall be reasonably extended until We are able to resume performance.

14. Minors. We do not provide services or sell products to children. If You are below the age of 18, You are not authorized or permitted to use Our website or to purchase or use Our services. If You are a minor, do not provide us with any personal information.

15. Security. Generally, information sent or received over the internet is unsecured and We cannot make any representation or warranty concerning the security of any communication to or from Our website or regarding the interception by third parties.

16. Privacy Policy. We collect, use and disclose information in accordance with Our Privacy Policy. Please carefully review the Privacy Policy.

17. Entire Agreement. These Terms of Use, Our License Agreement and Our Privacy Policy constitute the entire agreement between You and Us relating to Your access and use of Our website and Our services. Our failure to insist upon strict performance of any provision does not constitute a waiver of Our rights and remedies under these Terms of Use.

18. Governing Law. These Terms of Use shall be subject to and governed by the laws of the State of Wisconsin, excluding any choice of law rules that may direct the application of the laws of another jurisdiction.

19. Severability. If any provision of these Terms of Use is found or declared to be invalid or unenforceable by any court having jurisdiction, such finding or declaration shall not invalidate any other provision hereof, and these Terms of Use shall thereafter continue in full force and effect except that such invalid or unenforceable provision, and (if necessary) other provisions hereof, shall be reformed by a court of competent jurisdiction so as to effect insofar as is practicable the intention of the parties as set forth in these Terms of Use. Provided, that if such court is unable or unwilling to effect such reformation, the invalid or unenforceable provision shall be deemed deleted to the same extent as if it had never existed.

20. Gender and Number. Words which import one gender shall be applied to any gender where appropriate. The singular imports the plural and the plural imports the singular where appropriate.

21. No Assignments. You may not assign Your right to use Our services to any other party without Our written consent.

22. Notices. All notices to 240 Group shall be made in writing and shall be sent by certified or registered mail to: 240 Group, Inc., Attn: President, 240 2nd Street South, Wisconsin Rapids, Wisconsin 54494 or by email to ___________________.

23. Name Changes. As Our company grows or expands its services and products, We reserve the right to change Our company name and/or to change the names of Our services and products by notifying you by email or by posting the changes on our website.
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I certify that I am an authorized representative of the Company indicated above and that I have the authority to enter into this Agreement on the Company’s behalf. Company understands that this authorization will remain in effect until it is canceled in writing, and agrees to notify 240 Group in writing at least 15 days in advance of any changes in its account information or termination of this authorization. Company understands that because these are electronic transactions, these funds may be withdrawn from its account as soon as the date an individual transaction is authorized, and that it will have limited time to report and dispute errors. In the case of an ACH Transaction being rejected for Non-Sufficient Funds (NSF) Company understand that 240 Group may at its discretion attempt to process the charge again within 30 days, and agrees to an additional $30.00 charge for each attempt returned NSF which will be initiated as a separate transaction from the authorized payment. Company has certified that the above business bank account is enabled for ACH transactions, and agrees to reimburse 240 Group for all penalties and fees incurred as a result of Company’s bank rejecting ACH debits or credits as a result of the account not being properly configured for ACH transactions. Company acknowledges that the origination of ACH transactions to its account must comply with the provisions of U.S. law.