Keep Us On Retainer

Otter PR™ Account Change Agreement

This Otter PR™ Account Change Agreement (the “Account Change Agreement”) is between
_________(“you” or “your”), with an address of____________;if you are a corporate entity, ____________, your principal signing in their individual capacity (“principal”); and Otter Love LLC d/b/a Otter PR™ and its affiliates (“Otter PR”, “us,” “we”), a Florida limited liability company, with a principal office at 320 1st Ave NSt. Petersburg, FL 33701. This Account Change Agreement is intended to supplement Section 4 of the Otter PR Service Agreement (“Service Agreement”), which is expressly incorporated herein by reference.  Capitalized terms not otherwise defined herein shall have those definitions provided in the Service Agreement.
By submission of the Account Change Agreement and electronic signature, you agree to be bound by the terms of this agreement and the "Service Agreement" (https://otterpr.com/terms-of-service/). As of_______________ (effective date) you authorize Otter PR™ to change your bill
by _________. You consent to allow Otter PR to electronically debit or charge your Payment Method and/or the business payment method on file according to the terms outlined. This payment authorization is to remain in effect until you, the customer, notify Otter PR™ of its cancellation by completing the cancellation form (https://otterpr.com/cancellation/). If you choose to terminate your service with Otter PR, this cancellation will enable us to cease billing in accordance with the cancellation policy.
All account changes, whether pausing, canceling, or moving to a retainer, adhere to the Cancellation Notice Window. No account changes can impact payment schedules until the minimum payment is fulfilled, and they will only take effect in the next billing cycle, provided the change is made within the cancellation window. For instance, if you switch to a retainer one day before your next billing cycle, you will still be billed the full amount, and the adjustment to your account will occur in the following cycle.
Cancellation
1. Cancellation Notice Window: To avoid charges for the upcoming billing cycle, you must submit your cancellation or modification request before the Cancellation Notice Period ends. For monthly subscriptions, a notice of at least seven (7) days before your billing cycle ends is required. For agreements lasting longer than a month, a twenty (20) day notice is mandatory for any account changes. Submit your notice via the official Otter PR cancellation form at https://otterpr.com/cancellation/.
2. Official Forms: Utilize the official Otter PR forms for all cancellation or change requests. You will receive an email confirmation, serving as proof of your request.
3. Contractual Obligations: Submitting a request outside the required notice period means you're still liable for the next billing cycle. This policy ensures sufficient notice for all changes, facilitating smoother management and planning.
4. Specific Terms and Discrepancies: Consult Schedule A of your service agreement for precise terms. If there's a conflict between the general policy and Schedule A, the latter takes precedence, ensuring your agreement's specific conditions are prioritized.
5. Effectiveness of Changes: Any changes or cancellations will take effect at the beginning of the next billing cycle. This arrangement allows both parties to properly prepare for changes in service or billing.
a. Example: Attempting to cancel one day before your next billing cycle means you're still obligated for that cycle, due to the request being outside the required notice period.
6. Non-Cancellation Through Non-Payment: Failing to make a payment does not count as cancellation. Such cases may lead to collection efforts as outlined in section (4) of the Service Agreement, emphasizing the need for formal cancellation requests.
7. Financial Commitment: Agreeing to a payment schedule signifies a commitment for the specified period. Cancellation does not exempt you from the minimum payments as outlined in the Payment Schedule Terms. Non-payment will be addressed in accordance with the default provisions of the Service Agreement, highlighting the importance of fulfilling your financial obligations. In the event of a conflict between this document and the Payment Schedule Agreement, the latter prevails.
a. Example: If you subscribe to one year of service and submit a cancellation after ten months, you are still required to complete the payments or settle the remainder of the contract in full.

Pausing
You may pause your account using the pause request form (https://otterpr.com/pause-request/) and lock in current pricing for up to sixty (60) days in a single calendar year (the “Pause Period”). However, you understand and agree that after the Pause Period, your account will automatically resume, and charges to your Payment Method will automatically re-commence as provided under this Agreement. You may pause your account no more than one (1) time in a given six (6) month period, and Otter PR’s retainer program or Scheduled Payment Agreement may not be paused. If a pause request is submitted after a cancellation request, this will reactivate your account and void the cancellation request. By signing this Agreement, you consent to automatic billing. If you select to pause your account for a fixed amount of time, you agree that the term 30 days or 60 days may be rounded up or down to meet the nearest month. You also agree to make at least one (1) additional payment at the end of your Pause Period. For example, if you pause for 30 days on the first of May, your next bill date will be approximately the first of June, and you are contractually obligated to make the next payment. You understand and agree that pauses cannot be extended.

Retainer Program
If you select the retainer program, you agree that you will be charged automatically each month starting at the end of your current Service Agreement. You will be charged on the Payment Method on file. You agree to keep an up-to-date and valid Payment Method on file at all times. You understand that this Agreement is a supplement to your Service Agreement, and all cancellation, refund, and dispute policies from the same still apply. If a retainer request is submitted after a cancellation request, this will reactivate your account and void the cancellation request.

Other Agreements
If any term or provision contained in Your Package, Custom Agreement, Service Agreement, Payment Schedule Agreement, or other documentation and communications written or verbal conflicts with, or is inconsistent with, any term or provision in the Payment Schedule Agreement, the provisions contained in the Payment Schedule Agreement shall govern and control. Account Change Agreements CAN NOT be used to end, cancel, downgrade, pause, or change your account while on a Payment Schedule, nor will it change the cancellation notification time for auto-renewing. For example, if your payment schedule is set to make six payments over 6 months and you submit this form after one month, you will still be obligated to pay the full amount owed on the Payment Schedule Agreement, and only after all payments are made will this end your financial obligations under the Payment Schedule Agreement. This Agreement CAN be used to upgrade your plan at any time.

Payments
You understand that any agreed-on payments will auto-renew at the end of each Payment Term (Billing Cycle), at the then current rate for services. You further agree that you will maintain an active payment method with Otter PR, and if a payment method needs to be changed, you will do this in accordance with the Service Agreement. Credit cards, debit cards, PayPal, and other platforms may require a 3% fee at checkout. Manual billing or invoicing may require a 5% fee. Payment by Plaid, or automatic ACH (eChecks) on Otter PR’s website will not receive any added transaction fees unless stated in writing.
Otter PR™ Service Agreement
This agreement solely governs the payment terms and services for the forthcoming billing cycle, as permitted by your initial agreement. The provisions of the Service Agreement (https://otterpr.com/terms-of-service/) remain operative and enforceable. Ceasing or changing service does not negate any other conditions outlined in the Service Agreement, excluding automated billing, new services to be rendered, and guarantees. This agreement supplements your prior signed agreement, with all policies of the original agreement remaining in effect and continuing to apply beyond any service cancellation or termination.

Non-Disparagement
The Client agrees and covenants that the Client will not at any time make, publish, or communicate to any person or entity or in any public forum any defamatory or disparaging remarks, comments, or statements concerning the Company, the Services, any other services or products offered by the Company, or the Company’s past, current, or prospective clients, owners, officers, employees, independent contractors, and agents. This non-disparagement provision explicitly covers all forms of oral, written, or electronic communication, including, but not limited to, communications by email, regular mail, express mail, telephone, fax, instant message, and social media (including, without limitation, Facebook, LinkedIn, Instagram, TikTok, Twitter, Google reviews, and any other social media platform, whether or not in existence as of the Effective Date).

Severability, Headings
If any provision of this Agreement is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force and effect without being impaired or invalidated in any way. In such event, the Parties hereby acknowledge their intent to make such invalidated provision, or part of such provision, as to be deemed replaced with a valid provision or part of provision that most closely approximates and gives effect to the intent and economic effect of the invalid provision or part of provision. Any such modification shall revise the existing invalid provision, or part thereof, only as much as necessary to make the invalidly-held provision otherwise valid. Headings are used for convenience of reference only, are not part of this Agreement, and in no way define, limit, construe or describe the scope or extent of any section of this Agreement, or in any way affect this Agreement.

Electronic Signature - You acknowledge and agree that by clicking on the button labeled "CONFIRM PURCHASE," "SUBMIT", "DOWNLOAD", "PLACE MY ORDER", "I ACCEPT" or such similar links as may be designated by Otter PR to accept the terms and conditions of this Account Change Agreement, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by these terms. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the "E-Sign Act") or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SITE OR SERVICES OFFERED BY OTTER PR. Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.