CBT Nuggets Billing Agreement
Last updated effective April 2023
Unless otherwise stated, all references in this Billing Agreement to the "CBT Nuggets Content" or the "Content" includes the CBT Nuggets Learner-facing and Administrator-facing applications and platforms, individual videos within a series, entire series, series packages, supplemental materials, Learner resources, quiz questions, proprietary instances of the virtual lab and/or access to any portions thereof. All references to "CBT" or "CBT Nuggets" shall mean CBT Nuggets, LLC, a Delaware limited liability company, with its principal office located at 2850 Crescent Avenue, Eugene, OR 97408. Specific to this Billing Agreement, CBT Nuggets offers single or multi-year streaming subscriptions to access the CBT Nuggets Content offered by CBT Nuggets through its website or its partner’s website (the “Website”) or its applications (“Apps”) (collectively the “Services”).
All references to "You", "Your" or "Customer" shall mean the Learner, or Account Administrator or Account Owner, as appropriate, who is financially responsible for the Account.
1. SCOPE OF AGREEMENT
1.1 This Billing Agreement outlines Your agreement with CBT Nuggets regarding payment remittance for Your subscription access to the Services.
1.2 This Billing Agreement further defines the billing procedures applicable to all amounts due and payable to CBT Nuggets, regardless of payment method, whether or not under automatic billing.
1.3 The terms of any active signed Training Subscription Agreement between You and CBT Nuggets shall supersede the terms of this Billing Agreement. 2. SUBSCRIPTION VIA PURCHASE ORDER OR UPP PAYMENT
2.1 In the event that You entered into your subscription for the Services via purchase order (or equivalent thereto) by working with our Sales or Renewals teams, please disregard any provisions in this Billing Agreement pertaining to “Automatic Billing.”
2.2 In the event that You paid for your subscription for the Services via universal payment page (“UPP”) with credit card or Paypal account information, please disregard any provisions in this Billing Agreement pertaining to “Automatic Billing” UNLESS YOU ENABLE AUTOMATIC BILLING.
3. SUBSCRIPTION VIA CREDIT CARD PAYMENT
3.1 In the event that You entered credit card or Paypal information to activate Your subscription, You represent and warrant that You are the legal cardholder/payment method holder, or that Your use of the card or payment method is authorized for the credit card or payment method associated with the account You provided. As applicable, You represent and warrant that You are legally authorized to enter into this recurring automatic Billing Agreement.
3.2 In the event that You signed up for your subscription using a credit card or Paypal account via the CBT Nuggets website, Adept Learning Platform website or any partner website or application, YOU AUTHORIZE CBT NUGGETS TO USE AUTOMATIC BILLING AND CHARGE YOUR CREDIT CARD OR PAYMENT METHOD FOR AN AGREED UPON AMOUNT ON A RECURRING BASIS, PER THE BILLING FREQUENCY OF YOUR SUBSCRIPTION (MONTHLY OR ANNUALLY).
4. SUBSCRIPTION VIA THIRD-PARTY APP STORE PURCHASES
4.1 In the event that You signed up for your subscription through a third-party App Store, the terms of that third-party App Store govern the billing & payment terms of your subscription. Please disregard any provisions in this Billing Agreement pertaining to “Automatic Billing.”
5. TERMS AND CONDITIONS OF AUTOMATIC BILLING
5.1 CBT Nuggets’ payment processor shall securely keep Your credit card on file and may automatically update Your credit card details, if supported by your financial institution, to avoid credit card expiration and potential service interruption.
5.2 You may disable automatic billing at any time as detailed in Section 5.5, but You will remain responsible for any agreed upon outstanding charges or contractual commitments owed under Your subscription.
5.3 You acknowledge and agree that automatic payments are scheduled for certain times but may vary for reasons beyond CBT Nuggets’ control.
5.4 You agree to indemnify, defend, and hold CBT Nuggets harmless, against any liability pursuant to Sections 3 and 5 of this Billing Agreement and Your authorization for automatic billing.
5.5 You may disable automatic billing and/or arrange for an alternative method of payment at any time by calling 888.507.6283 or by browsing to “My Account” in Your CBT Nuggets account, selecting “Subscription,” and clicking “Turn off auto-renew” under payment details.
6.1 All payments made to CBT Nuggets are non-refundable, regardless of whether payment is made via credit card, Paypal, ACH, check or any other payment method, and will constitute in effect a “sales receipt” and confirmation that You have access to the applicable Services.
6.2 All payments and credit card charges shall be made in United States Dollars (“USD”). If Your payment requires a currency conversion, CBT Nuggets shall determine the currency conversion fee amount at the time of Your payment. You acknowledge that the applicable exchange rate for each payment transaction will differ and You agree to remit each payment in full including any fluctuating conversion fees.
6.3 To the extent permitted under law, You agree to pay the reasonable fees of any collection agency, and all costs and expenses, including reasonable attorney’s fees, which may be incurred in a collection effort to recover past due amounts under this Billing Agreement.
6.5 If any provision of this Billing Agreement is declared invalid or unenforceable, the parties intend for the remaining provisions of this Billing Agreement to remain in effect. 7. GOVERNING LAW 7.1 If Customer is a United States city/municipality, county or state government entity, then this Billing Agreement will be silent regarding governing law and venue. 7.2 If Customer is a United States federal government entity, then this Billing Agreement shall be governed by the laws of the United States of America and venue for any legal proceeding shall be Lane County, Oregon, USA. 7.3 Except as expressly provided in Sections 7.1 and 7.2, this Billing Agreement shall be governed by the laws of the State of Oregon and venue of any legal proceeding shall be in Lane County, Oregon, USA. 8. APPLICABLE TAXES 8.1 Except where expressly stated otherwise, all amounts referred to in this Billing Agreement are exclusive of any applicable Sales/Use Tax, any applicable Goods and Services Tax, or any applicable Value Added Tax (collectively, “Tax(es)”). 8.2 Customer shall pay any applicable Tax relating to Customer’s procurement and receipt of the Services. 8.3 In the event that Customer’s quote, invoice and/or receipt does not include applicable Taxes, CBT Nuggets may increase the amount that Customer owes by the amount of that Tax or otherwise recover the amount of that Tax from Customer. 8.4 Customer agrees that it shall indemnify and hold CBT Nuggets harmless from any and all claims, actions, damages, costs or other liabilities incurred by CBT Nuggets in relation to any Tax obligation arising from Customer’s procurement and receipt of the Services.
CBT Nuggets reserves the right, in its sole discretion, to change, modify, add, or remove all or part of this Billing Agreement at any time, with or without notice.
Questions regarding this Billing Agreement should be directed to: firstname.lastname@example.org.
To request a custom agreement for licensing and billing, please contact our Sales team.