Credit Card Terms for Video Marketing Suite and Enterprise Video Suite Orders

If Company is purchasing Video Marketing Suite or Enterprise Video Suite with a credit card, these Credit Card Terms are incorporated into and form a part of the Brightcove Master Service Agreement (the “Agreement”) available at https://accounts.brightcove.com/en/terms-and-conditions/.

Company’s Credit Card Information. Company agrees that Brightcove may share Company’s Order Information with third-party credit card processing companies for the purpose of verifying the accuracy of Company’s Order Information and processing and charging Company’s credit card for Company’s Order.
Order Information. Company agrees to provide true, accurate and complete information in connection with its credit card Order, including Company’s legal name, address, telephone number, email address and billing information (“Order Information”). Company agrees to maintain and promptly update its Order Information and any other information Company provides to Brightcove or to a credit card processing company in connection with its use of the Brightcove Service. An authorized representative of Company may change Company’s Order Information at any time. Brightcove may cancel Company’s credit card Order, upon notice and 5 days’ opportunity to cure, if Brightcove determines that Company’s Order Information is not accurate.
Credit Card Charges. By submitting a credit card Order, Company agrees that Brightcove is authorized (and will continue to be authorized until the credit card Order is terminated) to charge a Brightcove Service fee, including any additional usage fees and any applicable taxes, to the credit card Company provided in connection with its credit card Order. Company acknowledges and agrees that the amount charged may vary from month to month or year to year due to additional usage fees that may be incurred by Company pursuant to its Plan (as defined below). Company authorizes Brightcove to charge Company’s credit card for such varying amounts. Brightcove does not guarantee that Company’s credit card will be charged by a specific day of the month. All fees are payable in the currency specified in Company’s credit card Order.
Term of Credit Card Orders. The period of each credit card Order commences when the Order Information has been validated and accepted and continues until the Agreement and/or the credit card Order is terminated or cancelled in accordance with the Agreement (the “Order Term”).
Locked Accounts for Payment Failure. If Company’s credit card cannot be charged for any reason, Brightcove may, in addition to any other rights Brightcove may have, immediately and without notice to Company, terminate Company’s use of the Brightcove Service or suspend Company’s use of the Brightcove Service until such time as all applicable charges are successfully applied to Company’s credit card.
Fees Charged by Company’s Credit Card Issuer, Bank or Financial Institution. Company is solely responsible for any and all fees charged to Company’s credit card by Company’s credit card issuer, bank or financial institution, including membership, overdraft, insufficient funds and over-the-credit-limit fees.
No Refunds. All fees are nonrefundable. For clarity and avoidance of doubt, Brightcove has no obligation to issue refunds or credits for any unused Entitlements (as defined below), partial months or in connection with any downgrade, cancellation, termination or otherwise.
Changes to Fees and the Agreement. With at least 30 days’ prior notice to Company, Brightcove may change the terms (including the fees) and/or Entitlements of Company’s Plan. Company will have an opportunity to cancel or change its credit card Order prior to such changes going into effect. Company hereby acknowledges and agrees that its failure to cancel or change its credit card Order within the 30-day notice period constitutes Company’s affirmative acceptance of the Plan changes.
Cancellation by Brightcove. In addition to any other termination rights Brightcove has under this Agreement, Brightcove may, with at least 30 days’ prior notice to Company, cancel Company’s credit card Order at any time in Brightcove’s sole discretion. Any charges incurred by Company up to the cancellation date (pro-rated fees, monthly fees and/or additional usages fees) that have not been charged to Company’s credit card prior to cancellation will be charged to Company’s credit card following cancellation. For clarity and avoidance of doubt, if Company has more than one credit card Order in effect, any cancellation of one credit card Order pursuant to this section terminates that credit card Order only and other credit card Orders remain in effect.
Entitlements. From time to time, Brightcove may offer one or more Video Marketing Suite or Enterprise Video Suite editions to customers (each, a “Plan”). The usage entitlements (the “Entitlements”) include a defined allotment of Accounts, Users, Bandwidth and Plays. The features and fees for each Plan are described on the Brightcove website or will otherwise be communicated to Company by Brightcove.
Annual and Monthly Plans. Company may purchase an annual or a monthly Plan, which will begin on the date on which Company submits a credit card Order. Upon submission of a credit card Order, Brightcove will charge Company’s credit card for the first 12 months of an annual Plan or for the first month of a monthly Plan, prorated for the number of days remaining in that calendar month. Thereafter, annual or monthly Brightcove Service fees will be charged to Company’s credit card, in advance, on or around each anniversary of the credit card Order submission date or the first day of each calendar month (as applicable), until the credit card Order is terminated. Annual Plans will automatically renew for 12-month periods unless terminated according to Section 5(b) of the Agreement.
Additional Usage Fees. If Company exceeds any of the Entitlements of its Plan, Brightcove will charge Company’s credit card the additional usage fees identified in Company’s credit card Order in the calendar month following the month in which Company incurred such additional usage fees.
Changes to Company’s Plan.
1. Upgrades. Company may upgrade its Plan at any time by completing an upgrade request via the Brightcove website. Upgrades will take effect upon completion of an upgrade request. If Company upgrades to a monthly Plan: (i) Company’s credit card will be billed the difference in fees between Company’s existing Plan and its new Plan, prorated for the number of days remaining in the then-current calendar month and (ii) the Entitlements in Company’s new Plan will apply to the entire month in which the upgrade goes into effect. If Company upgrades to an annual Plan: (i) Company’s credit card will be billed the total amount of the upgraded Plan, less any prepaid, unused amounts under its existing Plan, (ii) Company’s annual Entitlements will be increased to the annual Entitlements of the upgraded Plan and (iii) Company’s upgraded Plan will continue for a period of 12 months after the date of upgrade.
2. Downgrades. Company may downgrade its Plan at any time by contacting the Brightcove sales team via the Brightcove website and completing a downgrade request. Company will not be refunded for the difference in fees between its existing Plan and its new Plan. Company’s new Plan will take effect on the day following the last day of the Order Term.
3. Cancellation by Company. Company may cancel a monthly credit card Order by contacting the Brightcove sales team via the Brightcove website. Company’s cancellation must be finalized prior to 11:59 pm (Eastern Time) on the last day of the then-current calendar month in order for the cancellation to take effect at the end of such month. Company will not receive a refund for any days remaining in the month after the cancellation takes effect at the end of the current month. Company may cancel an annual credit card Order by providing written notice to Brightcove no later than 60 days before the last day of the Order Term and such cancellation will be effective on the day following the last day of the Order Term. Any fees (Brightcove Service fees and/or any additional usage fees) that are owed and have not been charged to Company’s credit card prior to cancellation will be charged to Company’s credit card following cancellation. Brightcove is not responsible for Company’s failure to properly cancel a credit card Order, or for any credit card charges and fees Company may incur as a result of such failure.
Definitions. The following terms have the definitions provided below:
1. “Bandwidth” means the total amount of GBs transferred by Brightcove on behalf of Company in connection with Company’s use of the Brightcove Service.
2. “GB” means 1,000,000,000 bytes.
3. “Play” means the start of the delivery of a Video, as initiated by an end user or by an auto-play feature of a Video Cloud player. A Play can be all or a fraction of a single Video file and there may be multiple Plays in an end user’s session. If the same Video, or portion thereof, is re-viewed by an end user in a single session or in multiple sessions, each view counts as a separate Play.
4. “User” means a single person, authorized by Company to access and use Company’s Account on Company’s behalf, with a unique username and associated password.
5. “Video” means a video file stored by Company in Company’s Account.