1. General Terms of Use:
- This Agreement and the goods and services provided under it are not transferrable to another pet or assignable to another person.
- This Agreement applies only to the pet designated at the time of subscription to the Plan while owned by Subscriber.
- Subscriber agrees that hospital visits will be made during normal working hours and that the subscription does not cover emergency or after-hours visits.
2. Automatic Renewal- Monthly Pay Only:
- This agreement is effective on the Start Date designated as the date you enrolled for the Plan for an initial term of 12 months (Plan Year).
- Except for Puppy and Kitten Plans, the plan will automatically renew on the anniversary of the Start Date in each succeeding year for subsequent periods of one year until Subscriber or Provider cancels this Agreement as described in section 9 below.
3. Plan Discounts:
The discount percentage listed applies to boarding and grooming services at Safari only.
4. Estimated Savings:
Subscriber understands and acknowledges that advertised savings under the Plan assume utilization of all services included in the Plan and that actual savings may vary.
5. Add-on Options:
Add-on Options are products and/or services that Subscriber may add to the Plan. Addition or removal of add-ons during the Plan Year is subject to approval; however, under no circumstances can Add-ons be added or removed during the final 90 days of a Plan Year. Changing Add-on Options during the Plan Year will change Subscriber’s monthly/annual payment amounts.
6. Plan Upgrades and Downgrades:
- Subscriber may elect to upgrade or downgrade the level of the current Plan.
- A request to upgrade or downgrades may be made at any time.
- If Subscriber downgrades the Plan before the end of the Plan year, Subscriber shall be immediately obligated to pay the lesser of: 1) the full retail fees for all services/products provided or 2) an amount equal to the sum of the total remaining Plan Year monthly installments.
- If no goods or services have been provided, Subscriber may downgrade without making any payment.
- Upgrading or downgrading the Plan will change Subscriber’s monthly/annual payment amounts and services included.
7. Payments:
- Monthly payment installments will be billed directly to Subscriber’s credit card
- A late fee of $20.00 may be billed to Subscriber for insufficient funds, over limit status or any other reason a payment is unable to be processed based on the account information supplied by Subscriber.
- Subscriber is responsible for immediately notifying Provider of any changes in billing account information to avoid any late payment fees.
8. Cancellation:
- Either Provider or Subscriber may cancel this Agreement at any time. A calculation of monies owed for services rendered will be made by the Provider which will be due immediately on agreement to cancel the plan.
- Cancellation by Provider: Provider reserves the right to cancel the Plan at any time and for any reason. In the event Provider chooses to cancel the Plan for any reason except Subscriber’s default, Provider will waive any future payments due under the Plan and discharge Subscriber’s obligation under this Agreement in full.
- It is Subscriber’s responsibility to read and understand the Terms and Conditions and services included in any changes to the Plan (renewal, upgrade, downgrade, or change Add-on options).
9. Exclusions:
The following items and services are not included in this Agreement:
- Emergency After Hours visits
- Services not specifically listed in the plan
- Surgical services not listed in the plan
- Physical therapy
- Boarding, grooming, or daycare services (discounts may apply)
10. Default:
- If Subscriber fails to pay any monthly installment by its due date, Provider may immediately suspend Plan services and products until Subscriber reinstates the Plan by paying all monthly fees due and owing at the time of payment.
- If any monthly installment is past due for 120 days or more, Provider may immediately cancel this Agreement and discontinue Plan services, declare all remaining monthly installments for the then-current Plan Year to be immediately due and payable, and refer Subscriber’s account to a third-party collection agency. Collection activity may negatively impact Subscriber’s credit rating and may result in collection fees that will be payable by Subscriber.
11. Collection Costs:
Whether or not a legal action is commenced, Subscriber agrees to pay and reimburse Provider for any and all fees and costs of any collection agency which may be based on a percentage of the debt (up to the maximum percentage of 33%), and all fees, costs, and expenses, including reasonable attorney’s fees, incurred by Provider in such collection efforts, in each case such amounts may be added to the debt owing when the account is placed into collections.
12. Contact and Notice:
Subscriber agrees, in order for Provider or its agents to service Subscriber’s account, including, but not limited to, providing medical reminders, product recalls, or to collect any amounts owed, Provider or its agents may contact Subscriber by telephone, text messages, emails, including by use of automatic dialing devices and/or pre-recorded/artificial automated voice or text messages, at any telephone number or email address provided to Provider by Subscriber, including residential or wireless telephone numbers.
13. Arbitration:
Any and all claims, controversies, or disputes arising out of or related in any way to this Agreement shall be subject to binding arbitration pursuant to the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) under the Federal Arbitration Act. This includes, without limitation, any claims, controversies, or disputes that would otherwise be subject to class actions. This Agreement is governed by the substantive laws of Texas. Judgment of the arbitration award may be entered in any court of competent jurisdiction.
