Billing Agreement/Policy last updated September 6th, 2005.

BitWise IM Professional Billing Agreement/Policy

This agreement constitutes a contract between you (hereafter "Client", "the Client", or "you") and BitWise Communications, LLC (hereafter "BitWise", "we", or "us"). By submitting an order for BitWise Professional (hereafter "the service"), you indicate that you have read this agreement and agree to abide by its terms and conditions. Your continued use of the service indicates that you agree to these terms as well (see Miscellaneous for information concerning changes to this policy). PLEASE BE AWARE THAT THIS AGREEMENT IS DIFFERENT THAN THE LICENSE AGREEMENT, WHICH MUST ALSO BE ABIDED BY AS A CONDITION OF USING THE SERVICE. In no way does this agreement supercede or restrict the terms of the License Agreement.

Payment Policy

All monetary transactions, including credit card charges, will occur in US dollars ($).

All services are on a monthly post-payment basis. Monthly charges and the current balance due are always available via the Web Services.

Payments are due by the fifteenth (15th) of each month, regardless of whether this day is a weekend or holiday, unless otherwise arranged in advance. BitWise accepts payment via major credit cards, which will be charged no earlier than the first (1st) of the month and no later than the seventh (7th) of each month for the previous month's balance. We may elect, at our sole discretion, to postpone charging a credit card if the balance due is less then twenty dollars ($20). Our election of this postponement will not affect your account status, and this election may end at any time.

Late Payments

If the Client fails to make an outstanding payment to us by the due date, we reserve the right to refuse to provide the service to the Client until payment for previous service rendered is paid in full.

At our sole discretion, if the Client is habitually late in making payments, we reserve the right to require estimated payments to be made in advance, or to require a deposit as a condition of the Client's continued use of the service. For balances more than thirty (30) days old, we may begin charging interest on the entire amount due to the maximum extent permitted by the laws of the State of Ohio. If a payment is more than forty-five (45) days past due, we reserve the right to submit the debt to a collection agency for payment.

Billing Disputes

If you believe that there is an error in your bill, you must contact us within thirty (30) days of the item in question being posted to your account and explain why you feel that your bill is in error. Within ten (10) business days, we will investigate and inform you of our final decision. During the time that your account is in dispute, we will not cancel or suspend the service for non-payment, however you are still responsible for paying the portion of your bill that is not in dispute. At the conclusion of the dispute, any outstanding balances must be paid within 10 (ten) business days.

30-Day Trial Period

If you cancel your service during the 30-day no-obligation trial period, no payment is due. Once the 30-day trial period has elapsed, you are required to pay for the service rendered during the 30-day trial period. Your first payment is due within ten (10) business days of the trial period elapsing. If you cancel the service during the 30-day trial period, but rejoin at a later date, your account will not be eligible for a second 30-day trial period.

Renewal

Unless we are explicitly notified (see Cancellation), service is automatically continued each month and you will be responsible for the fees incurred during the next month.

Inactive Account Maintenance Fee

If the account shows no activity (defined as no users logging in during the month) for two (2) full consecutive months, a ten dollar ($10) account maintenance fee will be charged for the second month. The monthly fee will continue to be assessed until the account becomes active (defined as one or more users logging in during the month), or is canceled.

Cancellation

All cancellations will be effective at 11:59 PM Eastern Time on the last day of the month during which we are notified of your cancellation (except for cancellations within the 30-day trial period, which are effective immediately). You are responsible for paying the amount due at the end of the month during which you requested cancellation, including any amounts that may be due from previous periods.

We reserve the right to cancel any account at any time for violations of our license agreement. Even if you are denied access to the service for the remainder of the month during which the cancellation occurs, you are still responsible for paying any amount due at the time of the cancellation.

Account Reactivation

Accounts are reactivated after all outstanding charges are paid. If an account was cancelled due to a license agreement violation, we may elect, at our sole discretion, not to reactivate the account. Reactivated accounts are never eligible for a 30-day trial.

Miscellaneous

We reserve the right to revise these policies from time to time. We will post the most recent version of this agreement on our web site at http://www.bitwiseim.com/ .

Modified Billing Agreements are effective starting with the first billing period following the month in which the modified agreement is posted. Your continued use of the service indicates your acceptance of the modified agreement.