Cosmic Business Terms & Conditions
If you are establishing an account or using the Service (or any portion thereof) on behalf of a company, entity or organization (a “Business”), then the following Cosmic Business Terms and Conditions (the “Business Terms”) shall (together with the Terms of Service (the “General Terms”) govern the relationship between Cosmic and the Business. Any undefined capitalized terms used herein shall have the meaning ascribed to such terms in the General Terms.
Cosmic Business Account
A Business employee, consultant, advisor, or agent will be prompted to identify themselves as a “Business User” by selecting the appropriate business account option when prompted during the checkout process. It is the responsibility of you, the Business, to notify Cosmic promptly by e-mail at firstname.lastname@example.org to add or remove a Business User from the Business Account, and Cosmic may take up to 72 hours to process any Business Account requests.
Marketing and Promotion
Your Business may promote the Cosmic service as mutually agreed by the parties, including but not limited to an email distribution welcoming employees to join Cosmic, inclusion in your Business’ publications and employee benefits collateral, link to Cosmic’s web site on your website, and promotions. Your Business may also create co-branded marketing materials upon mutual written agreement of the parties, subject to your Business’ compliance with Cosmic’s co-branding guidelines and Cosmic’s review and approval.
Publicity; Use of Names/Trademarks
Cosmic may release a press release announcing the parties’ relationship hereunder with the prior consent of your Business, which shall not be unreasonably withheld. Unless otherwise expressly permitted in these Terms, neither Cosmic nor your Business should use the others’ name, logos, trademarks, or service marks in any manner without the other’s prior written approval. You hereby give Cosmic the right to use your Business’ name, logos, trademarks, and service marks (i) to create marketing and advertising materials for your Business to use to promote Cosmic to potential Business Users, and (ii) on Cosmic’s customer list which may be displayed on Cosmic’s website and in other publications. You agree to use reasonable best efforts to notify Cosmic at least ten (10) business days in advance of a written article, television story, or other third party publication being released in which your Business has discussed or plans to discuss its car sharing program and/or Cosmic.
Relationship of the Parties
The relationship of Cosmic and your Business is solely that of independent contractors. Neither you nor Cosmic will have any authority to contract with third parties on behalf of the other or to expressly or implicitly represent that it has any such authority to any person.
You hereby agree that all fees payable to Cosmic by your Business may be charged by Cosmic to the Business Account(s) on file with Cosmic upon such fees becoming due. Unless otherwise stated in writing between your Business and Cosmic, any fees due hereunder shall be paid within (15) days from the date of Cosmic’s notice/invoice. If your Business fails to make payment within this period, interest will accrue on all amounts due from the original due date to the date paid, at a rate of 1.5% per month, pro-rated for the number of days, assuming a thirty (30) day month. Any related fees incurred by a Business User, including but not limited to, tolls, driving charges, fines, costs, damage fees, or other amounts, will be billed to your Business Account in the period during which they are processed by Cosmic and/or one of our third-party service providers.
During the term of your Business’ use of Cosmic, Cosmic will maintain Cosmic Insurance, as referenced in the Terms of Service. Your Business is liable for all actions of your Business Users including, but not limited to negligence. Notwithstanding the Fee and Commission Schedule, the damage fee, as described therein, for Business Users shall be $2,500 and will be charged to the Business Account in the applicable period.
Order of Precedence
In the event of a conflict between these Business Terms and the General Terms, these Business Terms shall control with respect to an applicable Business’ (or any Business Users’) use of the Services.