Retainer Agreement * I agree to an Electronic Signature and the Account Change Agreement
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 136 4th St N Ste 201, St. 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 __Retainer Program ($1,000 a month)___. 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/). Cancellation is due seven (7) days before the next bill date or as listed on your Payment Schedule or custom agreement.
You may cancel your agreement any time by completing the cancelation form (https://otterpr.com/cancellation/) and letting us know that you wish to cancel your subscription. For your cancellation to take effect without a charge on the following period, you must submit your written cancellation request via the cancellation form at least seven (7) days or the greater of listed on your Payment Schedule or Other Agreements before your renewal date. Upon timely receipt of your cancellation request, which shall be confirmed by email, the payment agreement will terminate. For example, if you submit your cancellation request five days before your next payment, you will still be obligated to make the full standard payment. Missing or failing to make a payment is not considered a cancellation and may result in collection efforts as outlined in section (4) of the Service Agreement. If you have a Payments Scheduled agreement, then for the avoidance of doubt, cancellation shall not apply to Payments Scheduled Terms applicable to the minimum payments designated. You agree that you are financially committed for the length of the Payment Schedule Agreement, and non-payment will be pursued and upheld in accordance with the default provisions of the Service Agreement.
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.
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.
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.
You understand that any agreed-on payments will auto-renew at the end of each Payment Term, 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
You understand that all provisions of the Service Agreement (https://otterpr.com/terms-of-service/) are still active and binding, and cancellation of service will not cancel any terms of the Service Agreement. You understand that this agreement is an extension of your previously signed agreements, and all policies from the former agreement still apply and shall survive any cancellation or termination.
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.