The non-refundable Enrollment/Administration Fee and the first Monthly Fee are due upon enrollment. Additional monthly fees will be made by electronic funds transfers via an Automated Clearing House and will be made on a regularly scheduled, recurring basis from Client’s designated bank or credit card. Payments are due and owing on the selected date above each month commencing the first month after the effective date of this Contract. Payments owed under this Contract may be prepaid. There will be no discount or penalty for prepayment.
3. Automatic Renewal. Unless terminated pursuant to paragraph 4 below, this Contract will automatically renew on an annual basis. The Monthly Fee in subsequent years shall be adjusted upon renewal to the then-current Wellness Plan rate. There will be no Enrollment/Administration Fee payable upon automatic renewal.
4. Termination. This Contract may be terminated as follows:
A. Upon expiration of the 12-month term, so long as Client gives thirty (30) days advance written notice of nonrenewal.
B. Upon the occurrence of any of the following:
(i) The death of the pet for whom the Plan was purchased
(ii) At Client’s option if Client relocates more than twenty (20) miles from South Hyland Pet Hospital
(iii) At the option of Client’s personal representative in the event of Client’s death.
If Client has not used any of the services purchased under this Contract and a termination occurs pursuant to this paragraph, all Monthly Fees will be refunded. No other refunds will be given under any other circumstances. If Client has used some or all of the services purchased and a termination occurs pursuant to this paragraph, Client shall pay the lesser of:
(i) The remaining payments owed under the Contract
(ii) The standard fees charged by South Hyland Pet Hospital for the services used.
Final payment shall be due within twenty (20) days of termination.
C. Upon Client’s failure to make any payment owed under this Contract. If Client has not used any of the services purchased under this Contract and a termination occurs pursuant to this paragraph, no further payments will be owed and no refunds will be given. If Client has used some or all of the services purchased and a termination occurs pursuant to this paragraph, all remaining payments owed under the Contract are immediately due and payable. At South Hyland Pet Hospital’s discretion after collection of all amounts owed (including Monthly Fees and collection costs), Client may use services purchased but not yet used.
5. Scope of Plan.
A. Client acknowledges that occasionally, due to no fault of South Hyland Pet Hospital, a pet may have an adverse reaction to a vaccine, test, or other service purchased under this Contract. If Client’s pet requires additional veterinary care as a result of an adverse reaction to a service, the purchased plan does not include the cost of any such additional services. Client agrees to pay for any services required or deemed appropriate as a result of an adverse reaction.
B. One vaccination and one booster (when needed) per vaccine type are included in every plan. If Client fails to present pet within the appropriate timeline for necessary vaccine boosters, additional vaccinations may be required. Client is responsible for the cost of any additional vaccinations beyond the two allotted for by the plan.
C. No additional discounts apply for goods and services not specifically described and included on Schedule A.
6. Breach. If Client breaches this Contract, Client will be immediately responsible for all fees owed under this Contract as well as any and all costs incurred in enforcing this Contract, including but not limited to attorneys’ fees and collection costs.
7. Miscellaneous.
A. Client waives the right to any services or benefits included but not used during the 12-month term of the Plan. No services, benefits or rights of any kind may be carried over to a new term.
B. Any notice to be given under this Contract must be in writing and personally delivered to South Hyland Pet Hospital or mailed via first class U.S. mail, return receipt requested. Notice will be considered given upon personal delivery or three business days after deposit in the mail as required above.
C. If Client terminates this Contract and later wishes to purchase a new Wellness Plan, Client will be subject to all terms, conditions and fees of any Wellness Plan available at such later date.
D. This Contract is the entire agreement between the parties and may not be changed except by written agreement signed by Client and South Hyland Pet Hospital.
Accordingly, This Wellness Contract is effective the date set forth above.